New German Guidelines on colonial Returns Draw Criticism for Prioritizing Interstate Relations Over Human rights
New guidelines issued by the German government regarding the return of colonial-era belongings and ancestral remains are facing criticism for framing returns as a matter of “ethical and moral” obligation rather than a legal one rooted in international human rights standards. Human Rights Watch argues the guidelines, while including affected communities in the process, ultimately minimize their role and fall short of a rights-based approach to restitution.
A key concern is the requirement for consent from the country of origin for any returns. Critics point out that this stipulation can effectively silence marginalized Indigenous peoples and minorities who may be unrepresented by their own governments, hindering their ability to reclaim culturally meaningful items.The guidelines also necessitate a determination that cultural assets were “illegally” or ”unethically” acquired, a standard that may prove restrictive in many cases.
International bodies have increasingly emphasized Germany’s obligations regarding cultural heritage and the rights of affected communities.In July 2025, Human Rights Watch recommended the UN Committee on Economic, Social and Cultural Rights scrutinize Germany’s compliance with its duty to protect the right to participate in cultural life, including access to colonial-era belongings. This aligns with the recognized importance of cultural heritage, particularly for Indigenous peoples, as highlighted in the 2007 United Nations Declaration on the Rights of Indigenous Peoples.
further reinforcing this call, the UN Committee on the Elimination of Racial Discrimination in 2023 recommended Germany adopt a “comprehensive rights-based approach” to the ”restitution of colonial objects and cultural artifacts, in particular the restitution of the human remains of ancestors,” with “meaningful participation for affected communities.”
During consultations, Human Rights Watch and civil society partners urged German authorities to base returns on international human rights standards. Though,the new guidelines explicitly reject the applicability of international law,framing the issue as one of “interstate (political) affairs.”
Human Rights watch asserts that returns should be recognized as a form of reparation based on legal obligations, aiming to restore dignity and heal intergenerational trauma. The organization views the current guidelines as a “missed chance” given the growing global and regional momentum surrounding calls for reparatory justice for the lasting impacts of colonial atrocities, citing examples of discussions at both global and African Union levels. They urge the German government to revisit the guidelines with a focus on rights and justice.
