France's approach to cultural relics restitution is worth learning for Japan

Recently, the French National Assembly passed a bill unanimously, in a "rare" show of consensus, deciding to simplify the restitution procedure of artworks looted during the colonial era. Previously, France had to advance restitution on a case-by-case basis through special legislation. The passage of the new bill means that, in the future, restitutions can be carried out via administrative orders without the need for separate laws. Lawmakers have also called on the French government to publish an annual list of artifacts suspected of having been acquired illegally. During the debate, a member cited the vision of French writer Victor Hugo, who once expressed the hope that "a day will come when France, delivered and cleansed, will return this booty to despoiled China." The lawmaker said "this day has finally come."

The recovery and restitution of displaced cultural relics is a global challenge, mainly because of the limitations of the existing international legal framework. At present, the main legal bases for pursuing the return of such relics are the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970, and the Convention on Stolen or Illegally Exported Cultural Objects adopted by the International Institute for the Unification of Private Law (UNIDROIT) in 1995 (hereinafter referred to as "the Conventions"). However, these conventions apply only to relics stolen or illegally exported after their entry into force. They offer little effective legal constraint regarding the vast number of artifacts that were stolen prior to that - especially those lost in modern history through war, plunder, or coercion. As a result, countries of origin often find themselves in a dilemma when seeking the return of historically displaced relics, with no sufficient legal ground to rely on.

In this sense, whether displaced cultural relics can return home is largely up to the countries that currently hold them. In recent years, as global reflection on history has deepened, the wave of decolonization has extended into the cultural and museum sectors. As the South China Morning Post noted, "there was now a broad ethical consensus that artefacts looted during war or colonial rule should be returned." Building on the Conventions, the international community is forming an increasingly strong moral consensus and collective momentum to redress historical injustices and facilitate the restitution of looted cultural relics.

Countries around the world have been progressively engaging in the repatriation of cultural relics at various levels. Germany has restituted artifacts looted during the colonial era to Nigeria and Tanzania; the Netherlands has restituted hundreds of colonial-era artifacts to Indonesia, Sri Lanka, and other countries; Italy has restituted stolen cultural relics to China in multiple cases, including 56 pieces of art and artifacts in 2024 alone; and France, following a pledge by President Emmanuel Macron in 2018, restituted 26 artifacts to the West African nation of Benin. France's proactive stance on restitution has emerged amid the broader wave of decolonization and has, in turn, injected positive momentum into this trend.

In this context, Japan stands out as a negative example. Not only has Tokyo long avoided acknowledging the fact that Japan looted artifacts during its aggressive past, but it has even glorified such stolen items as militarist "trophies." A pair of stone lions displayed at the entrance of Yasukuni Shrine were taken by Japanese forces from Haicheng, China's Liaoning Province, during the First Sino-Japanese War and are now exhibited as a "war achievement." The Tang Honglu Well Stele, known as the evidence of Tang Dynasty jurisdiction over the northeast frontier, was looted by Japanese forces in 1908 and secretly kept in the imperial palace. Despite irrefutable evidence, the Japanese government refuses to restitute it.

In response to calls for restitution, Tokyo either equivocates and evades the issue or builds a so-called "defensive wall" using its domestic laws, citing "acquisition in good faith" and "statute of limitations" as grounds for refusal. This evasion of history and disregard for justice reveals Tokyo's persistent refusal to reflect on its colonial and militarist past. France's approach to cultural relics restitution is worth learning for Japan.

The essence of cultural relics restitution is about the restoration of history, respect for the cultural heritage and diversity of all nations, and a bridge toward rebuilding trust and achieving reconciliation between countries.

France's decision shows that it is feasible to strike a balance between national interests and historical justice, and to standardize the restitution process through legal procedures. Countries that still hold large quantities of looted artifacts should follow this positive example, have the courage to assume historical responsibility, fulfill their obligations under international law, and respond earnestly to the just demands of the peoples of the countries of origin. Hopefully France's initiative will become a new starting point for the global movement to return cultural relics.

It is hoped that more relevant countries will keep pace with the times, enabling more displaced cultural relics to return home as soon as possible, and allowing different civilizations to achieve better exchange and coexistence through respect for history and mutual tolerance.