Restitutions

A restitution is the return of property to its lawful owner: a museum, a State, a family, a community. It presupposes that ownership is established and that the property left its place of origin in conditions contrary to the law or to an international convention.

It may result from a court decision, an amicable agreement or a mediation procedure. OIMAP intervenes mainly through mediation and technical support: identification, appraisal, logistics.

OIMAP is not a judge: it does not decide ownership. It organises the meeting between the parties, provides independent experts, helps to gather the evidence and offers, if the parties wish, mediation or arbitration before the Arbitral Tribunal.

It also supports the physical return of the work: packing, secure transport, insurance, official handover. A ceremony is sometimes held to mark the event.

A restitution must not be made at the expense of a good-faith holder who acquired the work while respecting the rules of diligence. The UNIDROIT Convention provides for fair compensation in some cases, and OIMAP's directives encourage amicable solutions: buy-out, loan, sharing of enjoyment.

These solutions avoid lawsuits and make it possible to adapt the restitution to the circumstances: value, length of possession, the holder's attachment, the rights holder's needs.

Every restitution has a symbolic dimension. It restores a link between an object, a place and a community. It can also repair a historical injustice, as in cases of spoliation or colonial looting, which are receiving growing attention.

OIMAP handles these sensitive cases with caution, relying on historians' work and on the willingness of the States concerned to reach solutions acceptable to all.