1. Introduction
See:
1.1 The Cadbury Research Library (CRL) is the home of the University of Birmingham's extensive Special Collections of rare books, manuscripts, archives, photographs, and associated artefacts. The work of the CRL directly supports the University's research, learning and teaching agenda by collecting and making accessible all collections and seeking to acquire material which ties into that agenda. The CRL’s collections consist of over 200,000 rare books and more than four million manuscript items from many parts of the world. The CRL holds its collections in trust for past and future generations and has a duty to care for them and to encourage access and understanding to as many people as possible. The CRL welcomes all interested users, whether staff or students at the University of Birmingham, external researchers, or members of the public.
1.2 The CRL recognises that people whose cultural heritage is represented in some of its collections will have reasonable interests in the items contained within them. Questions may be raised about the moral basis of the acquisition of some cultural objects. The CRL acknowledges the possibility that within its collections there may be cultural objects that at some point in their history were taken illegally, under duress, or via coercion from their rightful owners. The CRL also recognises that those people from whom the objects were taken in this manner, and their descendants, will have reasonable interests in those objects and may wish to pursue a claim for rights over those objects.
1.3 The CRL welcomes all the aforementioned interests as contributing to knowledge and understanding of the collections and to ensuring that they are curated to the highest ethical standards. The CRL commits itself to engage openly and transparently with the collections under its care and any information it holds about the provenance of contested objects.
1.4 Whilst maintaining its responsibility to safeguard its collections, the CRL aims to respond with sensitivity and respect to any claims or requests for rights over items in the collection.
2. Aims and scope of document
2.1 This document relates to claims for the return cultural objects illegally, under duress, or via coercion from their rightful owners within the context and during the period of European and particularly British colonial expansion onwards, which for these purposes means 31st December 1600 (the foundation of the East India Company) to the present day. While the agreement to return items in the collection will be exceptional, the CRL commits itself to follow this procedure when responding to any reasonable request for the return of items from its collections.
2.2 This document operates within a national and international context and considers the Code of Ethics for Museums issued by the Museums Association in 2015 and the Collections Trust’s guidance on restitution and repatriation. It also recognises the intentions and importance underlying legal instruments which specifically address issues of cultural property, restitution, repatriation, and return, including:
- UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Cultural Property (14 November 1970)
- Dealing in Cultural Objects (Offences) Act 2003
- Cultural Property (Armed Conflicts) Act 2017, which incorporates ratification of the Hague Convention first (1954) and second (1999) protocols
- Return of Cultural Objects Regulations 1994.
2.3 The process and procedure does not apply to:
a) Claims for the return of objects taken during the Nazi era in Europe. In line with the statement of principles Spoliation of Works of Art during the Holocaust and World War II period issued for non-national museums in 1999 by the Museums and Galleries Commission; these claims will be referred to the UK Spoliation Advisory Committee.
b) Claims made by EU claimants for the return of material from within the EU, which are governed by current EU legislation.
c) Claims for the return of objects taken before January 1601.
2.4 The CRL and the Repatriation Board will consider claims for the return of objects on a case-by-case basis, considering any relevant information including (specific considerations can be found in Section 5):
a) The legal basis upon which the University is in possession of the object, and the powers it has available to return the object in question;
b) Criteria of eligibility pertaining to the circumstances of acquisition (Section 3a);
c) Criteria of eligibility pertaining to the circumstances of the claimant (Section 3b);
d) The strength of the supporting information provided by the claimant;
e) Information gathered by the CRL and the Repatriation Board.
2.5 This document establishes a framework to assist the CRL and the Repatriation Board to respond to requests for the return of items in the CRL collections, aiming to ensure that the request is dealt with fairly, openly, and promptly. The CRL and the Repatriation Board will process and respond to eligible claims in reasonable time within existing resources.
3. Eligibility to make a claim
3.1 The eligibility to make a claim will be assessed on the following criteria:
a) The circumstances of acquisition;
b) The relationship of the claimant to the object(s) being claimed.
3.2 Claims will be eligible for consideration if either of the following criteria apply:
a) The object was taken under duress (including military violence, looting or theft), or other apparently legal transactions that involved use of force or coercion.
b) The object was communal property acquired from a person or persons of that community not authorised to give or sell it.
3.3 All claimants must provide evidence of their right to make a claim including, where appropriate, documented support of recognised community stakeholders.
3.4 In cases where claim may be the subject of dispute within a community, the CRL will make best endeavours to publicise the details of the claim with the assistance of relevant international bodies for a minimum period of four weeks in order to confirm that the individual or body making the claim is the rightful claimant. Where competing claims are received by the CRL, it may wait for the parties involved to resolve and send written confirmation on who will function as the claimant before proceeding with any one claim. If the parties are unable to resolve the issue, the CRL may decide, at its discretion, to invite them all to make the claim and for the issue to be addressed at the Board stage.
Stage 1
4. Procedure for making a claim
4.1 A request for the return of an item in the CRL’s collections should follow a standard procedure. At all times, the principle of full disclosure should apply. Ideally, the approach will be consensual, but cases for and against return can be presented for consideration at all stages of the procedure.
4.2 Informal Discussion. Potential claimants are encouraged to begin the process by emailing the Director of Special Collections: Cadbury Research Library at the following address: Cadbury Research Library, University of Birmingham, Lower Ground Floor of Muirhead Tower, Edgbaston, Birmingham. B15 2TT or via email to: special-collections@contacts.bham.ac.uk. If the CRL is aware of any relevant archival evidence that may support the claimant’s formal request, they will forward it to them at this stage. While the case is being considered, the claimant and CRL should agree to a joint approach to publicity and should involve outside parties only after discussion with each other.
4.3 Formal Request. A formal request for repatriation should be made in writing to the Director of CRL. The claim should include as much information as possible about the object(s) being claimed, the reasons for making the claim, the evidence that substantiates the claim, and the justification for the claim. The claim should include as much information as possible about the object(s) being claimed, the reasons for making the claim, the evidence that substantiates the claim, and the justification for the claim. Claimants should state how their claim meets the criteria outlined in Section 3. It is the claimant’s responsibility to provide sufficient information to support their claim. Where written records are inconclusive or unreliable, claimants may submit evidence in other forms.
4.4 Upon receiving the claim, the Director of CRL will formally acknowledge receipt of the claim in writing and inform the Convenor of the Repatriation Board that a claim has been made. The Convenor and the standing members will establish a timeframe during which the Board will consider the claim and will appoint up to six additional members to consider the case, which will include relevant academic staff and other experts (see Section 6 for the composition of the Board).
4.5 If the claim does not relate to an object in the collection or is clearly ineligible for consideration, it may be rejected at this stage and the claimant will be informed of that decision and the reasons for it. If the claim is rejected at this stage, the Director will inform the Board of this decision and provide the reasons it was considered ineligible.
4.6 The Director of the CRL will appoint a dedicated member of staff to function as a point of contact for the claimant. The Director will liaise with any relevant stakeholders related to the collection from which the item is the subject of the claim to consider their views. The Director, or a member of the CRL staff appointed by the Director, will investigate the claim and prepare an initial report for a meeting of the Board with a preliminary recommendation. The preliminary recommendation may support the repatriation of the object and/or may include alternative proposals including collaboration with the claimant e.g. exhibition, research drawing on resources from both parties, a public engagement programme, digitisation, shared access, a long-term loan.
4.7 The claim will be investigated within a reasonable timeframe. The Director of the CRL will endeavour to investigate and produce an initial report within a reasonable timeframe. If it is identified that more than 8 weeks will be required to complete this stage of the procedure, the claimant will be notified of the length of time this stage is expected to take.
4.6 The Director of the CRL will submit their report to the Board. The Board may request further information at this stage from the claimant, the staff of the CRL or the University of Birmingham. The claimant will be informed when the claim proceeds to the Board stage of the procedure.
Stage 2
5. Procedure and decision-making process for the Repatriation Board
The claim will be considered by the Repatriation Board at the earliest reasonable opportunity.
5.2 The written claim and the initial report from the Director of CRL will be considered by the Board, who may also invite written and oral submissions. The Board will consider the claim based on its eligibility as outlined in Section 3 and the criteria outlined in Section 5.3. The Board will take into account the strength of supporting information provided by the claimant, other relevant information gathered by the CRL and any further submissions invited by the Board. This may include: information from the CRL’s collections and records; any additional research carried out by the Board, other academic institutions or authorities in the field; consultation with other parties (including, where relevant, the donor of the object or funder of its acquisition); and expert advice.
5.3 The claim will be judged on its merits and will be assessed according to the criteria below (a-e). There is no weighting of the criteria, and their importance will vary from case to case. Evidence should therefore be presented under each criterion at all stages of the procedure, which may include documents, photographs, oral testimony, or other evidence considered appropriate by either party. The criteria are:
a) Identity of the item: Evidence relating to the identification of the item concerned to demonstrate that it is that requested by the claimant.
b) History of possession and/or ownership of the item: Evidence about the provenance of the item prior to its acquisition by the CRL and evidence relating to the CRL’s title in the item and/or rights of possession. The use and treatment of the item since its acquisition by the CRL should also be described. If the legal capacity of CRL to dispose of the object is in any doubt, the Board will also obtain legal advice on the possible return of the object, and any consequences of its return, and may engage with any necessary external regulators to seek authority in principle for the possible disposal.
c) Connection between the item and the claimant: Evidence to demonstrate the connection between the claimant and the item. This may include evidence of the continuity of practices or group identity between the original possessors and those making the request. If the claimant is acting on behalf of another person or group, evidence must also be presented to demonstrate that they have the right to be a representative. In the case of competing claims that were unable to be resolved.
d) Significance of the item to the claimant and to the CRL: Evidence to demonstrate the significance of the item to both the claimant and the CRL. This may include issues such as the religious, cultural, historical, or scientific importance of the item.
e) Consequences of return to the claimant or retention by the CRL: Evidence about the likely future treatments and uses of the item if it is returned or if it is retained by the CRL. This may include information about aspects such as possible display, research, destruction, alteration, or restrictions on access. Evidence relating to the broader implications of a decision to return or a decision not to return the item should also be presented. During the course of its research into a claim, should the CRL or the Board discover that the claimant may use the return of the object to contravene the rights of, or do harm to, any groups or persons, including vulnerable communities, then the Board retains the right to include reference to this in its recommendation about the object, including as a ground for recommending that the object should not be returned.
Suggestions such as the creation of a replica, additions to the CRL’s collections, digitisation and the use of images, research opportunities, the possibility of long-term loans to the claimant, a public engagement programme, and a formal transfer of legal ownership of the object with its custodianship remaining with CRL until the claimant has secured an appropriate place of transfer that they are satisfied with, can also be discussed.
5.4 No decision shall be made until the Board reasonably believes that both the claimant and the CRL have had the opportunity to submit information to it and to comment on any information provided by the other party.
5.5 The decision of the Board may also include other proposals as discussed under Section 5.3(e), recommended conditions for the return (such as indemnification of the CRL) or arrangements for the transfer.
5.6 At the Board’s discretion, it may refer the claim to the University Executive Board (UEB), for decision. The decision of the Board, or (in the case of referral) the UEB, is final.
5.7 Once a decision has been made, the Director of CRL will respond to the claimant in writing. The decision, along with a copy of the Board’s report, will be provided to the claimant. The University’s decision, together with relevant and appropriate supporting information, will be made publicly available. A notice announcing the recommendation and the availability of relevant and appropriate supporting information will be published in a Press Release with a link to download the report.
6. Remit and membership of the Repatriation Board
6.1 Remit of the Board: To consider claims for the repatriation of objects from Special Collections, Cadbury Research Library, and making a decision on behalf of the CRL. The Repatriation Board will receive papers relating to the claim and a written report from CRL and may invite further written and oral submissions.
6.2 Standing Membership of the Board: The Board will consist of standing membership, augmented by additional appointments to bring expertise relating to specific cases. The standing membership will consist of:
Convenor:
- Pro-Vice-Chancellor (International), Professor Robin Mason
Standing Members:
- Pro-Vice-Chancellor and Head of College of Arts and Law, Professor Helen Abbott
- Director of CRL, Susan Worrall
- Director of Library and Learning Services, Diane Job
- Curator of the Mingana Collection, CRL, Dr Neelam Hussain
- Director, The Barber Institute of Fine Arts, Professor Jennifer Powell
6.3 Additional Membership for Individual Cases: At Stage 1, the standing membership of the Board will co-opt up to six additional members to consider specific requests, on a case-by-case basis. The additional members will be selected based on their academic or relevant expertise. The additional members will be selected from any of the following:
- Relevant academics from the University of Birmingham (<2)
- Relevant academics from other institutions
- Other experts in the field / interested parties
- CRL Staff member representing relevant collection (if appropriate)
- Representative(s) from the University of Birmingham Research and Cultural Collections
6.4 The Convenor of the Board may also invite or liaise with a representative of the University’s External Relations and/or Legal Services department for advice or guidance only, but they will not have a direct influence on the recommendation of the Board.
7. Process for returns
7.1 Each party will bear its own costs in relation to the processing of the claims at all stages, including any costs incurred by the claimant when visiting the CRL.
7.2 Where a claim for the repatriation of an object is approved, the claimant will be responsible for the costs of returning the object(s), including the costs of conservation processing that may be required for safe transport, packaging, transport, and travel. An exception to this may be made in cases of financial hardship, where the CRL or the University of Birmingham may consider a contribution towards the costs on a case-by-case basis.
7.3 Where a claim for the repatriation of an object is approved, any associated paraphernalia related to the cultural object will also be provided to the successful claimant to accompany the return of the object. Where the object has been digitised, the CRL will provide the images to the claimant but will retain the copyright of those images unless a blanket permission for how the claimant uses the digital material has been agreed in advance. Before the object is deaccessioned from the CRL and removed from its catalogues, a copy of the catalogue record will be made and will be supplied with the object to the successful claimant. Any associated documentation from the CRL archives that is not directly related to the object will be copied and provided to the successful claimant.
7.4 The CRL will retain original documentation for its records, within the relevant legislative context for the retention of records.
8. Periodic review of policy
8.1 The CRL will monitor the procedures and criteria set out above. It will initially be reviewed after one year, and then on a three-year rolling basis.
8.2 This document may be updated or expanded in future revisions at any time.
Approved and Adopted by University Executive Board on behalf of University Council on: 16 December 2024