By Halyna Senyk,
Executive Director
The Holocaust-Era Assets
Conference of June 2009 in Prague
and the resulting Terezin Declaration
endorsed by forty-seven countries reaffirmed the crying need for addressing
issues surround the restitution and compensation of looted art. Beginning in the 1930’s, the Nazi regime was
responsible for the confiscation, theft, and sale of hundreds of thousands –
and potentially millions - of objects of art and other items of cultural
property from public and private collections throughout the occupied
territories of Europe. The scale and scope of such systematic looting was
unprecedented in history. Many of these items were either stolen or otherwise
obtained through duress from the private collections of Jews and other victims
of the Holocaust. A significant number of important objects were also looted
from public and private museum collections.
Some of the stolen works eventually entered the personal collections of
high-ranking Nazi officials; many others were destined for Hitler’s unrealised
Führermuseum complex in Linz; countless more were simply sold for hard currency
to be used to support the Nazi war effort. Although Allied policy after the war
called for the return of these stolen artworks, an untold number were not
returned and instead remained in governments collections. Many were resold or
otherwise dispersed; others still have never been found.
Legal claims by the heirs
and descendants of Holocaust victims whose art and other cultural objects were
looted by the Nazis, along with analogous claims by foreign ‘source’ countries
for objects similarly misappropriated, have significantly contributed to the
importance of provenance research as it relates to the due diligence and
legality involved in acquiring artworks that are known or suspected of
having originated out of Nazi Germany or occupied Europe.
Provenance research has long been
a pivotal facet of the private art market with auction houses, major galleries,
and private collectors all recognising the need for accurate and reliable
provenance on artworks and other cultural objects offered for sale. This is
almost exclusively due to the fact that complete and precise provenance is
necessary for establishing the authenticity of a piece available for sale,
which in turn influences valuation for both vending and insurance purposes. Little regard or interest is paid to the
question of whether the current possessor of a piece has the right to pass
title in said piece to a third party purchaser. This small but potentially
damaging oversight – given the international nature of the private art market –
can result in significant financial, legal, and reputational damage to both the
inculpable seller and the good faith purchaser. As a multi-billion
dollar industry, the art market can no longer afford to neglect its onerous
duty to be ethical, accountable, and transparent when it comes to analysing the
full and complete provenance of individual objects offered for private sale.
The European Shoah LegacyInstitute (ESLI) strives to actualise the objectives of the Terezin Declaration
through a variety of activities (including training
workshops, international conferences, and research) relating to looted art, Judaica, and other cultural property
illegally misappropriated during the Second World War. To ensure that
appropriate international regard is paid to the importance of the ongoing
development of provenance, ESLI has been engaged in the following activities:
·
Organizing training programs in
Europe and the Americas that develop
and refine critical research and analytical skills in the emerging discipline
of provenance research (the documentation of the ownership history of
an art object from creation to the present day);
· Organizing national conferences in
cooperation with relevant Ministries of Culture on restitution of cultural
property and provenance research at the national level;
· Facilitating the creation of an independent, international association
of provenance researchers and allied professionals; and
·
Promoting
provenance research as a mandatory component of collection management practices across
all forty-seven Terezin Declaration countries.
The Provenance Research TrainingProgram (PRTP) – created by ESLI in 2011 with the support of the Jewish Claims
Conference – aims to empower professionals working within provenance research
and its related fields to connect and cooperate in the proliferation of
relevant skills and knowledge; the development of professional standards and an
industry code of conduct; and the furtherance of provenance as an independent,
respected, and self-regulating professional industry. Each year the program offers several week-long
workshops taught by internationally renowned specialists with expertise
in provenance research and related fields, structured around the complementary
themes of research, history, and ethics. In addition to facilitating research and providing access to a vast
array of information, the program will promote the establishment of
international networks of provenance researchers that will bring together
experts in all relevant fields and countries.
Through post-workshop analysis and reviews, ESLI
discovered that a regrettable lack of appropriate funding for provenance research
across state museums, private galleries, and other institutions has resulted in
significant difficulties for PRTP alumni in adequately applying their new
skills productively and effectively.
For this reason, ESLI intends to address the European Parliament
Committee on Culture and Education – along with relevant federal Ministries of
Culture – to advocate for the increased availability of funding and the
establishment of provenance research as a mandatory aspect of collection
management practices at the national level. Furthermore, ESLI is planning to
work with legislators to raise awareness about the importance of provenance and
the necessity of supporting provenance research across both existing and
potential future collections.
Through the PRTP, ESLI is hoping to address the concern that provenance
research, as an emerging industry, is a highly unregulated and
improvised field with minimal regulatory oversight and no established code of
conduct or professional standards. Institutions working within this field
operate independently and without inter-organisational coordination resulting
in a significant duplication of work, whilst the lack of structured and
established professional standards frequently results in the production of work
to inconsistent levels of quality and detail. Such extensive incongruence
amongst so many professionals within a single field severely hampers any real
advancement towards the development of a unified community of experts and the
establishment of a recognised and respected professional industry.
These projects are vital to facilitating the
continued advancement of full and complete provenance research as an obligatory
benchmark of professional progress for museums, auction houses, and private
galleries. ESLI is an important facilitator of the establishment of an
international, independent professional association capable of creating a
framework for self-regulation that will enhance development in this field. As
inaccurate provenance may potentially result in a transmutation of title,
impartiality and independence are absolutely vital in securing confidence and
respectability.
ESLI believes this will be achieved by providing
professional staff from these institutions - through the Provenance Research
Training Program - with the knowledge and skills necessary to understand the
importance and techniques of provenance research, whilst simultaneously
encouraging the development of a professional body of provenance researchers by
facilitating dialogue and networking amongst professionals working in this
field.
Last but not least, ESLI has been monitoring
adherence to the principles espoused in the Terezin Declaration by creating a
database on relevant legislation and its implementation across all five fields
covered by the Declaration in the forty-seven member countries. It is our
intention to cooperate with analogous organizations similarly engaged in the
collection and collation of pertinent data to ensure a constant stream of
up-to-date information.
The European Shoah Legacy Institute believes in
synergy, cooperation, mutual understanding, and consensus. Our organization was
founded on the consensus of forty-seven governments and will continue
cooperating with governments, as well as national and intergovernmental
organizations on promoting provenance.