States concerned by restitutions

Claimant States seek the return of objects that left their territory, often in colonial times, conflicts or looting. Holding States are those whose museums or public collections keep the objects. Several States occupy both positions.

Both increasingly recognise the value of a neutral procedure. National museums see it as a way of handling claims with rigour and discretion, far from controversy.

A State may take part by signing a submission agreement, by joining a clause in a bilateral agreement or by accepting a proposal from the Registry. It appoints its counsel, its representatives and, if it wishes, an arbitrator. The waiver of immunity from jurisdiction is limited to the procedure.

OIMAP offers States, especially those with few resources, technical support: model documents, training, funding assistance. A national focal point may be designated to coordinate.

Nine bilateral agreements between States provide for recourse to the TAO for restitution disputes. They define the procedure, the timetable and the cooperation commitments (loans, training, digitisation). Others are in preparation.

These agreements facilitate the settlement of future disputes and provide a framework of trust. They are filed with the Registry and accessible to other States, subject to confidentiality.

OIMAP offers Member States a support programme: model submission agreement, training of legal counsel, help with provenance research, putting in touch with experts. Eligible States benefit from the Protection Fund to cover part of the costs.

Requests for support are addressed to the Protection department, which forwards them to the tribunal's Registry. Exchanges remain confidential.