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21 September 2023

Solidarity is an aspiration devoutly to be wished

by Marc Masurovsky

If you search for a definition of the word “solidarity”, this is what you find:

“Unity or agreement of feeling or action, especially among individuals with a common interest; mutual support within a group.”

In other words, “solidarity” requires unity of feeling or action amongst individuals and entities that share a common interest and support one another. It also implies that they all work together to achieve a common objective. Let’s apply the concept of “solidarity” to the interwoven notions of cultural plunder, art looting, and the restitution, repatriation, return of those plundered cultural goods to their rightful owners, be they individuals, groups, entities, or governments.

Past history teaches us that governments, entities, groups and individuals have systematically deprived others of their artistic, cultural and religious objects for a variety of reasons, ranging from greed and avarice to naked hatred of the rightful owners for reasons of race, gender, creed, and/or ethnicity. The international community, in all of its wisdom and desire to improve the lot of people around the globe, has agreed that it is wrong, illegal, and immoral to steal artistic, cultural and religious objects. If one does this, justice needs to prevail in part through the recovery, restitution, repatriation of these objects to their rightful owners.

Colonial expansionism unleashed cultural and other heinous crimes against communities living in areas coveted by the colonialists, resulting in the deprivation of life, identity, and culture for millions of people around the world. Successive wars fueled by racial and ethnic hatred of others have provoked the deaths of tens of millions of individuals and the outright theft of the property of those who were targeted for physical elimination and removal from the surface of Planet Earth. Make no mistake, these conflicts are still with us today and they are always accompanied by crimes against the culture, identity, and beliefs of the victims (case in point: the 1990s wars in the Western Balkans, and currently in Libya, Ukraine and Yemen.)

Since the 1990s, individuals and entities have come forward to hasten the restitution and/or repatriation of these looted objects wherever they may have ended up, either in private hands or in State-controlled collections and institutions. They focus separately on:

-the confiscations of Jewish-owned property displaced by the Nazis and their allies between 1933-1945;

-the expropriations of indigenous cultural objects through colonial conquest and occupation;

-the systematic illegal extraction of archaeological objects from source nations; and

-the plunder of Native American communities and First Nations in North America.

We have identified four categories of looted or plundered cultural goods:

1/ goods forcibly removed from geographical areas targeted for seizure and exploitation by colonial powers;

2/ goods forcibly removed by State authorities, with the help of military, police, and parastatal forces, from communities living within State borders;

3/ goods forcibly extracted from the territories of nations for ideological or commercial reasons under the cover of military conflicts or civil strife;

4/ goods forcibly removed from their rightful owners during acts of genocide, most notably during the Nazi era, the Holocaust and World War II.

Until the early years of the 21st century, there was no perceptible dialogue between the advocates of justice and restitution representing these four groups of looted cultural goods.

Archaeologists and so-called source nations worked in their corner, denouncing the irreparable loss of antiquities which ended up inevitably in private and public collections. Mainstream domestic and international Jewish organizations were never keen on seeking the actual physical restitution of objects plundered from Jewish victims between 1933-1945, preferring instead global schemes by which victims and their families would receive the equivalent of a “check in the mail.” Indigenous communities plundered during periods of domestic territorial expansionism and national unification (some call it “progress”) were left to their own devices for decades before there was widespread outrage at their plight. The systematic and on-going looting of their communities continues to benefit private collectors and cultural institutions worldwide. Advocates and organizations representing these four categories have worked separately in their silos, competing against one another for the attention of private donors, foundations and governments to enlist their aid in furthering the cause of their “clients.”

It is difficult to find instances of “solidarity” between these four categories and their respective communities, although, in theory, they agree on the common goal of restitution, repatriation, and return of looted objects to their rightful owners. Their professed mutual interest does not seem to include the possibility of reaching out to representatives of the “other categories.” Doing so would lead to a greater good by merging their separate agendas under the larger umbrella of a unified approach to the restitution, repatriation, and return of these objects to their rightful owners.

The Holocaust Art Restitution Project (HARP) was created in September 1997 to document Jewish cultural losses between 1933-1945 and the postwar fate of unrestituted looted objects. Our concern has always been to address in an open public discussion the question of cultural plunder in all its forms, regardless of when and where it occurred. More than 13 years ago, HARP crossed the bridge to get acquainted with the cultural heritage community, including archaeologists, anthropologists and other professionals documenting ancient cultures and the damage and destruction wrought upon them. One group stood out at the time—the Lawyers’ Committee for Cultural Heritage and Preservation (LCCHP). An instant synergy evolved between HARP and LCCHP over issues of plunder and restitution. Our representatives participated in and attended seminars, workshops, and fora organized by LCCHP. This cooperation has since extended to the Antiquities Coalition. 

Since 2013, HARP has forged ties with the Amelia (Italy)-based Association for Research into Crimes against Art (ARCA). HARP has been teaching a one-week provenance research workshop during ARCA’s three-month annual certification program focused on Holocaust-era losses and postwar restitution, a novelty in an environment mostly populated by cultural heritage specialists, archaeologists, and art law/art crime professionals.

HARP took interest in the continuing thefts of sacred Hopi artifacts from their communities in Arizona and New Mexico, the smuggling of these objects to France where certain auction houses sold these objects, in some instances, for tidy sums. All this under the nose of US Federal authorities. HARP advocated for the Hopi nation before an administrative court in Paris, not once, but six times, in a vain effort to stop these sales and return the sacred objects to their rightful owners. Although these battles were thankless, they helped make a point that, just because HARP specializes on Jewish cultural losses, it should not ignore the pain of other groups constantly subjected to similar forms of cultural plunder, largely unpunished. For the past ten years, HARP has forged ties with the Amelia (Italy)-based Association for Research into Crimes against Art (ARCA). HARP has been teaching a one-week provenance research workshop during ARCA’s three-month annual certification program focused [use gerund] on Holocaust-era losses and postwar restitution, a novelty in an environment mostly populated by cultural heritage specialists, archaeologists, and art law/art crime professionals.

HARP’s pivoting to a more ecumenical approach towards plunder and restitution has attracted some critics. A major Jewish organization once told HARP to remove the word “Holocaust” from its organizational name –HARP­­­–because of our defense of the Hopi nation. That senseless comment signaled an unhealthy parochialism and reaffirmed our resolve to pursue a path towards a more universal approach towards cultural plunder. HARP defines cultural plunder as a universal crime against humanity and promotes an interfaith, inter-ethnic, inter-cultural, global discussion on how to prevent future acts of cultural plunder and protect all cultures from commercial and ideological predation while prioritizing Jewish cultural losses from the Nazi era.

No other Jewish group seems willing to invest itself in an all-embracing dialogue about plunder and restitution. It reminds me of reports and correspondence written in 1940-1941 by officials of Jewish relief groups in France, pleading for assistance from non-Jewish organizations to help stranded, starving, interned Jews. The answer was always the same: you take care of your own, we take care of ours.

We are now in the Fall of 2023. Why do we continue to live in our separate corners, looking askance at the “others”? What will it take to bring these four categories under one big tent and forge a common strategy whose sole purpose is the restitution, repatriation and return of these objects, regardless of where they were forcibly removed, regardless of who or what instigated these crimes, and regardless of when these crimes occurred?

The lack of solidarity will spell the long-term failure of these restitution and repatriation campaigns to the immense relief and delight of those who currently hold these looted objects and continue to acquire them despite the general outcry of such behavior. It’s a bit like the movie “Catch me if you can!”. Unfortunately, this is not a game. It’s about the destruction of society (and humanity) to the great benefit of the perpetrators and at the expense of you, me and them.