15 Spring 2023 the Terezin Declaration. But in 2019, the European Parliament passed legislation recognizing the Washington Principles on Nazi-Confiscated Art and urged the European Commission to support the cataloguing of all data on looted cultural goods and to establish principles for dealing with cultural property in future conflicts. In 2016, Serbia became the first country to enact comprehensive legislation on heirless and unclaimed property, following the 2009 Terezin Declaration. Ambassador Eizenstat also said that several other European countries had earlier adopted legislation that partially addressed heirless and unclaimed Jewish property, although some have yet to put their laws into practice. But other countries have yet to adopt any laws in this area. Regrettably, many of the promises made in the 2009 Terezin Declaration remain unfulfilled. The core message of the recent Terezin II Conference was the importance of fulfilling our moral obligations to pay restitution to the victims of Europe's greatest tragedy. As U.S. Secretary of State Antony Blinken powerfully stated, "The international community failed these people in their early lives...it must not fail them in their final years." He also reminded delegates of the "enduring responsibilities to their descendants."9 Time is running out; we have a moral obligation to ensure that Holocaust survivors and their families receive justice. That is why the UK hosted a meeting in London in March 2023, which brought together Post-Holocaust Issues Envoys with restitution as part of their remit. They agreed to build a network across the world, to address the injustices of the past and bring closure to those families who not only lost loved ones but their homes, businesses, art and culture. When visiting countries across Europe, I am always struck by how the heart – the Jewish community – was torn out of them; how once thriving communities are no more. Therefore, it is only right that property, whether it be fixed, heirless or movable, be returned. n Lord Pickles was appointed Special Envoy for Post-Holocaust Issues in September 2015. Along with the former Labour Cabinet Minister, Ed Balls, he Co-Chairs the United Kingdom’s Holocaust Memorial Foundation, which advises the UK Government on the planned Holocaust Memorial and Learning Centre next to the Houses of Parliament, Westminster. He was made a Life Peer in 2018. This article was completed on February 16, 2023. 9. U.S. Department of State, “Secretary Blinken Remarks to Terezín Conference, YOUTUBE (Nov 4, 2022), available at https://www.youtube.com/watch?v=sgsbw95cWkI&t=1s Dr. Fisher also raised the continuing problem of a lack of archival access in Hungary, Romania and Slovenia and pointed out that the Russian Federation’s archives are closed, and while France has digitized archives, they are not permitted to be published on the internet. The panel raised many concerns with the current status of restitution and the need to increase our efforts. The Austrian National Fund has taken up the challenge and is often singled out as an exemplar in its positive approach to restitution. Dr. Pia Schölnberger, head of the Commission for Art Restitution and Provenance Research at the National Fund, focused on how the Fund ensures that claimants can access the information and documents required to receive restitution. An interesting development (and one of which I hope other countries take note) is that Austrian legislation allows for the possibility to reopen a case with the arbitration panel after 50 years where an “extreme injustice” occurred. I believe this approach should be adopted by other countries that have time-limited schemes or who insisted on strict criteria including documentation and citizenship, since such scenarios lead to many claimants losing any opportunity for restitution. David Zivie, from France’s Ministry of Culture, also offered some hope about looted art and cultural property. He said it was still possible to seek financial compensations for all looted property (moveable and immoveable) in France, thanks to the CIVS (Commission for the Compensation of Victims of Spoliations). He mentioned the positive growth in provenance research in French public museums and public libraries. He also mentioned the extension of the definition of “looted art” to include “spoliation” and “sale under duress,” which is a more flexible and favorable approach to the owner’s heirs. Clearly, there has been progress since the 2009 Terezin Conference. The UK, Austria, Germany, France, and the Netherlands have improved their work to resolve looted art claims based upon the Washington Principles and the Terezin Declaration. According to Ambassador Eizenstat, American museums have made a promising start to provenance research, which is the foundation for restitution. Additionally, he told the conference that Christie’s and Sotheby’s, two major auction houses, have full-time staff in their New York and London offices that review artworks that passed through European hands between 1933-1945. To that end, they will not auction or sell any artworks with doubtful Holocaust provenance. In fact, Christie’s alone has resolved over one hundred claims of Nazi-confiscated art. Ambassador Eizenstat pointed out that the EU has been on the side lines with respect to most issues covered by
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