Abstract:
Recent demands for, and return of, cultural objects taken during colonial occupation, have
raised several questions that have not been satisfactorily answered yet. Primary among these is
the basis for return. While early requests (such as those made by Hemasiri de Silva on behalf
of Sri Lanka), focused on the importance of the object to the home state, the host states have
been more concerned with the provenance of the object itself. The return of colonial cultural
property thus far has not satisfactorily considered the legality of the taking, rendering the
returns made so far rather ad hoc. Acquisition during colonial times has taken place through
various means, and discerning the legality of these means is difficult due to the ambiguous and
often contested legal norms that were operational at the time. Contemporary thinking on the
legality of the actions of the colonial era has added a further layer of complexity to this issue.
In the context of the return by the Dutch government to Sri Lanka of certain colonial cultural
objects in 2023 in keeping with the Dutch Restitution Policy, this research will investigate the
legality of the taking of colonial cultural property during the Dutch period of occupation of
Sri Lanka. It will do so through an examination of the legal system in operation...
