When the Drums Speak, We Cannot Pretend Not to Hear: Sovereign Immunity and International Arbitration for the Restitution of Looted African Cultural Heritage

This video presents an authoritative exploration of The Recovery of Cultural Objects by African States through the UNESCO and UNIDROIT Conventions and the Role of Arbitration, a landmark study authored by Professor Folarin Shyllon of the University of Ibadan. It provides critical insight into the legal, political, and institutional challenges faced by African States in recovering their looted and illicitly exported cultural heritage. Drawing from decades of legal precedent, treaty analysis, and case studies, this presentation speaks to the urgent need for African engagement in international frameworks governing cultural property.

Despite being among the most severely affected regions by illicit trafficking of cultural heritage, most African States remain underrepresented as parties to the 1970 UNESCO Convention and the 1995 UNIDROIT Convention. The video highlights how this legal under-engagement severely limits recovery efforts and leaves African cultural treasures vulnerable to the international art market. Professor Shyllon’s study urges African governments to rethink their priorities—not just focusing on colonial-era expropriations but also on the ongoing looting and trafficking of objects still within African borders. Traditional legal avenues—litigation in foreign courts, use of intergovernmental committees, and bilateral negotiations—are discussed, but the limitations of each are laid bare. Foreign litigation is often prohibitively expensive and procedurally difficult. Even when African States succeed in locating stolen objects abroad, legal remedies are frequently unavailable due to evidentiary challenges, sovereignty issues, or lack of political will. The lecture underscores that Africa has largely failed to take full advantage of even non-contentious remedies such as the UNESCO Intergovernmental Committee or bilateral treaties like the U.S. Cultural Property Implementation Act.

In response to these challenges, the presentation offers a compelling case for the increased use of international arbitration as provided under Article 8(2) of the UNIDROIT Convention. Arbitration offers neutrality, flexibility, confidentiality, and efficiency—features particularly well-suited to cultural property disputes. Professor Shyllon advocates for the establishment of a Court of Arbitration for Cultural Property under the aegis of UNIDROIT or UNESCO, similar to the Permanent Court of Arbitration (PCA) or the Court of Arbitration for Sport (CAS). This body would specialize in handling disputes related to cultural property, offering expert panels and culturally sensitive resolutions. The video also emphasizes the potential role of Third Party Funding (TPF) in supporting African States’ claims, given the resource constraints faced by many governments. With litigation and arbitration costs acting as major barriers, TPF enables financially weaker claimants to access justice without bearing the burden of upfront legal fees. This model aligns perfectly with the principles of equitable access to justice and has already gained traction in investment arbitration. The video calls for regulatory frameworks that ensure transparency and ethical standards in such funding arrangements.

Crucially, the presentation references major cases like Union of India v. Norton Simon Foundation, The Lydian Hoard, and The Garland Sarcophagus to illustrate how arbitration and negotiated settlements have succeeded in achieving results that litigation alone could not. The potential for creative, win-win outcomes—such as long-term loans, shared custodianship, or cultural exchange agreements—makes arbitration especially suitable for cultural property disputes. This presentation is indispensable viewing for legal professionals, government officials, academics, curators, museum directors, and civil society stakeholders working on cultural restitution. It invites African States to harmonize domestic laws, invest in documentation and digitization of collections, and adopt a forward-looking stance grounded in legal pragmatism and international solidarity. Ultimately, the video sends a clear message: the time has come for African States to fully embrace the legal instruments available to them. Acceding to the 1970 UNESCO Convention and the 1995 UNIDROIT Convention, and actively utilizing arbitration, can transform the continent’s ability to protect, recover, and celebrate its cultural heritage. It is not merely a legal imperative—it is a historical, moral, and cultural one.