[CPProt.net] Canada can set an example of how disputes over Nazi-looted treasure can be resolved, by Bonnie Czegledi

[Museum Security Network / Cultural Property Protection Net (Ton Cremers)]

In search of stolen art
Canada can set an example of how disputes over Nazi-looted treasure can be
resolved, by Bonnie Czegledi 

War provides opportunity for the wholesale destruction and looting of
cultural heritage.

It was hoped that after the devastating impact of Nazi confiscations in
World War II, we would rise above such barbarism, condemn the confiscation
of cultural heritage and abide by the corollary principle that property
pillaged and seized under such circumstances should be returned to the
rightful owner.

Although we are making progress, this hope has not been realized. 

The great relief associated with discovering artwork once thought lost
forever quickly changes to despair when it leads to adversarial fighting.
Attempts at restitution or compensation to the original owners of stolen art
seized during war do not have to lead to courtroom misery.

We have only recently learned of Nazi-looted art traced to the Montreal
Museum of Fine Arts. This is not the only piece of illicitly seized art in
this country. But it could serve as an opportunity to set an example of how
these Nazi-looted art disputes can be resolved justly. 

We need only look at the U.S. experience to see that no one wins in long,
expensive, aggressive litigation of restitution cases, which force Holocaust
victims and their heirs to fight for return of their property at great
financial and emotional expense. 

A remarkable restitution of Nazi-looted art is a case involving the North
Carolina Art Museum. The 16th-century Madonna and Child in a Landscape
painted by Lucas Cranach the Elder was returned to its heirs without
acrimony. The case did not go to court. 

The heirs were so impressed by the museum's response that they sold the
painting back to it - below market value and commending it for eschewing
arguments that statute of limitations bar the claim or that "floodgates will
open." The heirs cited the museum's sensitivity and respect for justice. 

The North Carolina resolution starkly contrasts such painful, drawn-out
cases as the Egon Shiele case. This involved aggressive litigation during
which the Museum of Modern Art in New York fought tooth and nail the
rightful, Holocaust-victim heirs, the U.S. government and the New York
district attorney to prevent the return of the Portrait of Wally. 

Years later, the dispute continues.

Some auction houses are setting a precedent for restitution of Nazi-looted
artwork. Upon discovery of pieces with questionable origins, they have begun
to negotiate settlements with heirs, demonstrating willingness to avoid
legal action and resolving matters quickly, fairly and outside the courts.

Artwork cannot be properly acquired without provenance research (an
artwork's history). This poses many difficulties. One of the most important
aspects of a painting is not its aesthetic appeal, but title. 

Provenance reveals the life of a painting, including its creation and place
in history. However, information is often vague and contains fictions.
Currently there is no accountability for providing accurate data, making
thorough, independent research into registries of stolen art all the more
essential.

Most museums publish lists of pieces of questionable provenance. However,
these lists are primarily made up of artwork flagged by the gallery itself
and do not necessarily reflect a comprehensive list of acquisitions. 

Public art galleries should be required to provide information about their
collections, including how they acquired it, specific details of pieces and
the status of research. There are still many institutions who are members of
the International Community of Museums who do not provide provenance lists.

Culture is at the core of a people and nations. Once stolen or destroyed it
takes generations to recover. 

Let's hope we do the right thing now, as we have not in the past. 


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Bonnie Czegledi is a lawyer in Toronto practising International Art and
Cultural Property law. She is also co-chair of the International Cultural
Property Committee of the Section of International Law and Practice of the
American Bar Association.