THE HUMAN RIGHTS PERSPECTIVES TO THE RETURN OF CULTURAL HERITAGES: THE BENIN BRONZES

Abstract

This article, ‘The human rights perspectiveto the return of cultural heritages: the Benin bronzes’ stems from the
‘punitive expedition’ in 1897 by the British government in the Benin Kingdom in modern-day Edo State of Nigeria.
This punitive expedition was immediately followed by the wanton destruction of the Benin kingdom and looting of her
arts, religious symbols, spiritual artworks, shrines/gods and cultural heritages which were subsequently sold in
Europe America and to the rest of the World. The punitive expedition paved the way for the effortless taking and
looting of the famous cultural relics and artefacts of the kingdom today referred to as the Benin bronzes. This paper
is focused on a brief and cursory journey into the Benin kingdom in Nigeria, examining the circumstances that led to
the 1897 expedition and sacking of the kingdom. This paper aims to establish the human rights perspectives on the
return of these precious cultural heritages and analyse the legal regime in place in Nigeria to protect the objects upon
return. Findings reveal amongst others that the Presidential Gazette domiciled the ownership of the objects and their
custody thereof in the Oba of Benin. A move which settled albeit temporarily who owns the objects in the face of
conflicting arguments on ownership, that the objects termed Benin Bronzes are not mere objects for museum displays
but a cultural heritage of a people, that the premeditated takingsamount to human rights violation. This paper adopted
the doctrinal method of research and examined the human rights perspective on the return of the Benin Bronzes to
Nigeria. It is believed that the human rights perspective will contribute to a more inclusive approach towards
restitution and return of the cultural objects, particularly, the Benin Bronzes while addressing the conflict between
the competing cultural nationalism and the role of the affected communities.