The Protection, Ownership, and Return of Cultural Property: A Surinamese Law Perspective

Abstract

This article explores the ownership of cultural objects within national and traditional customary law in Suriname, with the aim to provide a legal context to the issue of claims for the return of some of these cultural objects from the Netherlands. The discussion of the legal regime for exporting cultural objects examines the National Ordinance of 1952 on Provisions for the Preservation of Objects with Historical, Cultural, and Scientific Value; the Movement of Goods Act of 2003; and the Monuments Act of 2002, which protects immovable objects, objects of archaeological excavations, and discoveries. This is followed by a short overview of the legal regime relating to the ownership of cultural property under the Surinamese Civil Code. Next this article outlines the property law of cultural objects under customary laws of Indigenous and Tribal communities in Suriname and how these may be included in the Draft Civil Code and the Draft Legislation on Rules Concerning the Collective Land Rights of Indigenous and Tribal Peoples. The article concludes that neither the existing legal framework nor the draft legislation provide answers on dealing with cultural objects acquired in a colonial context and the possible repatriation of such objects.