20 January 2015

Post-Gurlitt stress disorder


by Marc Masurovsky




Hildebrand Gurlitt
Hildebrand Gurlitt
Cornelius Gurlitt
Now that Cornelius Gurlitt, reclusive heir to the art collection of his father, Hildebrand Gurlitt (1895-1956), international art dealer, museum director and art historian, is the late Cornelius Gurlitt (1932-2014) the world has moved on… sort of.

We won’t rehash the Gurlitt story here. Suffice it to say that Cornelius Gurlitt, while he was alive, had not worked much for most of his adult life, or at least since the premature death of his father in 1956. He had lived rather well from the proceeds of sales of works of art which constituted a large part of his inheritance.

Caught by Bavarian customs and fiscal authorities over alleged improprieties in 2011, Cornelius’s art collection came to the light of day not because of the Germans’ desire to tell all about their find of a ‘treasure’ in Cornelius’ Munich apartment, but as a result of an old-fashioned news leak perpetrated by Focus magazine in early November 2013, one year after law enforcement executed a search warrant in February 2012.

Munich-Schwabing apartment

Then all (media) hell broke loose accompanied by rapid expressions of ire and shock in Germany and abroad at the revelation of the existence of such a trove of potentially looted material dating back to the Nazi years. A great many people who have studied and worked on matters pertaining to reparations and restitution of stolen assets resulting from wholesale plunder during the Third Reich, the Holocaust and World War II felt outrage and shock at the German government’s apparent dismal and lame attempt to withhold and conceal information about Cornelius Gurlitt and his art collection.

Questions followed themselves in rapid fire about the where, when, why, what, and how of the collection—what did it comprise? Who are the claimants? Will looted items be returned? How much is the collection worth? Are there others? The answers were not readily forthcoming and that only made matters worse.

In rapid succession:

The collection was evaluated at a staggering 1 billion euros. How? No one knows.


A task force (The "Schwabing Trove" Task force) saw the light of day to “manage the crisis” and implement a plan to shed light on the origins of many of the objects found in the possession of Cornelius Gurlitt.
Ingeborg Berggreen-Merkel, Task Force chief

Funds (not much!) were made available for such an effort.

An international process was set in motion, albeit clumsy and rife with intrigue as strange as that may sound, to appoint specialists and well-connected people onto the Task Force.


Meanwhile, the Bavarian prosecutor in charge of the fiscal inquiry into Cornelius Gurlitt was threatening to return the art to Cornelius because, after all, under German law he was its rightful owner.

A year passed…

Several works (Henri Matisse, Max Liebermann, Otto Dix) were identified as being the stolen property of a number of plundered families.

Then came the arguments about how to file claims and recover the items in the context of this fiscal inquest overlain with the complexities of cultural plunder and its postwar aftermath.


Cornelius Gurlitt, overwhelmed by the sudden publicity and notoriety that he had acquired, he who had wanted to live and die under the radar, died well above the radar. No one shed a tear for him, the seeming victim of his late father’s misdeeds. Or so it would appear….

Shortly before his death, two things happened: a trove of paintings and works on paper was discovered in a house that he had owned, near Salzburg,
Aigen-Salzburg house

and it was revealed by the lawyers handling his estate that the happy recipient of his collection, in its totality, would be the Kunstmuseum of Bern.

Shock, dismay, puzzlement, laughter, wonderment.

In the midst of all this mania surrounding a fairly important art collection amassed by Hildebrand Gurlitt, a well-known art dealer who had connived with the Nazis, the very people who had harassed him, many important points have still not been addressed to this day:


Kunstmuseum Bern
How many objects did Hildebrand Gurlitt own at the time of his untimely death resulting from a fatal auto accident?

How many objects did Cornelius Gurlitt inherit from his late father?

How many objects did Renate, Cornelius’ sister (born in 1935) inherit from her late father?

Where were they located?

How many caches were there?

In how many localities and countries?

Was there a will?

Was there a detailed inventory attached to the will?

Did anyone bother to look at either or both?

How many dealers, collectors, museums, and auction houses did Hildebrand Gurlitt do business with?

How many dealers, collectors, museums, and auction houses did Cornelius Gurlitt do business with?

How many art objects did Hildebrand and Cornelius sell with dubious provenances attesting to a possibility of looting and misappropriation during the Third Reich?

Who bought them? Where are they now?

How many objects did Cornelius Gurlitt sell? To whom? Where? When? For how much? What is the relationship between the Gurlitt family and the Kunstmuseum Bern? Since when does it exist? Did Hildebrand and Cornelius Gurlitt sell and/or donate items to the Kunstmuseum Bern? If so, when? What? for how much? how are they described? are there files at the Bern Museum that can be consulted regarding these transactions if they occurred?

What, if any, was the role of the Kornfeld interests in Bern in brokering the bequest of the Cornelius Gurlitt collection to the Kunstmuseum Bern?

Did other museums receive gifts from Hildebrand and/or Cornelius in Switzerland and elsewhere?
Galerie Kornfeld, Bern

So many questions, so few answers… A very stressful state of affairs that belies the inability of those who profess to have an interest in the fate of the Gurlitt collection to come to grips with its historical reality in full and open daylight for all to see and learn from. The same could be said about any collection which originated in the racial, political and religious mickey mouse games played by art dealers and museum officials, auctioneers and collectors, during those fateful genocidal years and thereafter.


A missed opportunity if there ever was one.

12 January 2015

Fritz Ascher: from Golems to Landscapes


by Ori Z. Soltes


Self-portrait, ca. 1910, Source: http://www.fritzascherfoundation.org
Given the enormous number of people who were victimized during the Holocaust—both those who perished and those who somehow did not—it should not surprise us that, as time goes by, narratives still continue to emerge reflecting the varied experiences of these victims and their tormentors or saviors. Among these there are many artists—artists, like Felix Nussbaum (1904-1944), who were producing high-level work, and others less skilled—who did not survive but left behind bodies of work that provoke the question: what if? Had these artists not been destroyed by the Nazis, what might they have accomplished and what songs of praise might art historians now be singing about them? There were artists, like Marc Chagall and Jacques Lipschitz, already very well known, who were able to escape Europe and continue their lives in the United States or elsewhere. And there were some who managed to survive but remain largely unknown because the context before the war in which they thrived has disappeared, and so they and their work awaits rediscovery.
Fritz Ascher, Source: Bianca Stock Munich

Fritz Ascher (1893-1970) falls into this last category. Ascher had a rather complicated religious identity. He was born and grew up in a Europe marked by a certain malaise that is typically referred to as a characteristic of fin-de-siecle life, particularly and somewhat paradoxically in the burgeoning central European centers of cultural modernism: Vienna, Budapest, Berlin, and Prague. For assimilated Jews this malaise was interwoven with the difficult pattern of acceptance/rejection, inclusion/exclusion within the larger Christian community. Even Christians who had, during the past century come to think and speak of themselves as post-Christian—on the basis of which they had enacted laws permitting Jews into the mainstream of society, economically, culturally and even sometimes politically—had, more often than not, failed to abandon a sense of antipathy and/or supersessionist superiority toward Jews and Judaism.

In part this was a result of rethinking Judaism as racial and ethnic rather than religious. In brief, the world of Ascher’s childhood and early youth was formed, in part, by the following significant events. In 1878, the German pamphleteer and politician, Wilhelm Marr, transferred the term “Semite/Semitic” from its linguistic context to a racial-ethnic context, hoping to re-marginalize Jews on an ethnic-racial basis, asserting that they were not and never could be Europeans—certainly not true Germans—and that they in fact presented a threat to the purity of the Euro-Germanic world. This rethinking of how Jews might be and should be excluded from the mainstream had a traumatic effect on many upper-middle-class and upper-class Jews who had believed, in the previous two generations, that they had broken completely through the glass ceiling of acceptance.
Wilhelm Marr

Sixteen years later—a year after Ascher’s own birth—the Dreyfus Affair exploded in France, releasing a vicious expression of wide-spread anti-Jewish (anti-Semitic) sentiment (they are not truly French but all potential traitors to France) a century after French revolutionaries had declared Jews to be fully French. The event shook up those who had imagined that such feelings had died—which, thanks to Wilhelm Marr, could now be called anti-Semitic, and not simply anti-Jewish. Given that France had been largely regarded through the 19th century as the paragon of forward-looking thinking in matters of politics and religion, the Affair shocked most of Europe.

Certainly this environment had something to do with the decision of Fritz Ascher’s father, Hugo Ascher, to convert to the Protestant faith with his children in 1900/1901. Fritz would have been seven or eight years old at that time. One of the questions regarding an intelligent child like Fritz Ascher, growing up in a religiously-transformed world is: how did he view himself vis-a-vis his Jewish/non-Jewish identity—particularly given the post-Marr, race-obsessed world in which he was growing up? His father converted, also converting his children. His mother—coming from the prominent Bleichroeder family— remained Jewish, (although a quarter of a century later she did join the family on the Protestant side of the religious fence. She converted in 1926—four years after her husband died—and it is not entirely clear as to why she did so at that time).

When Ascher began his career as a painter, his mentor was Max Liebermann (1847-1935), the pre-eminent Jewish painter—and one of the most important painters in general—in Germany, and head of the Prussian Academy of Arts, in Berlin; Liebermann would eventually resign from his position, in 1933, shortly before he would have been removed from it with the introduction of a Nazi legal structure, since he was Jewish. On the other hand, when Ascher was first deported to Sachsenhausen Concentration Camp on Kristallnacht (November 9-10, 1938), it was for political subversion, not for being Jewish, and it is not clear whether, when he later went into hiding, having been warned of imminent deportations, the deportation that he sought to evade would have been based on his Judaism—although that seems likely—or because he was still considered subversive due to the “degenerate” (entartete) expressionist style of his art and his politics. Was it as a Jew from the Nazi perspective that he was in such danger: because the regime, which had embraced and refined the Wilhelm Marr perspective of two generations earlier, would have seen him as a Jew regardless of his childhood conversion?
Max Liebermann, 1904


Chronologically sandwiched between his conversion as a child and his Sachsenhausen experience, his subsequent years in hiding and his survival and return to painting as a medium of self-expression comes the painting of Der Golem, in 1916 (currently in the collection of the Jewish Museum, Berlin): Ascher presents the Golem itself with an expression of both fierce seriousness and sadness; the other three individuals—Rabbi Loew, presumably, in the center, with his flowing white beard and his two assistants—have rather ghoulish expressions, noticeably limited teeth, and inordinately large hands. Where the Golem looks out directly at us they all look down and to the side, as if either distracted and afraid of something that we cannot see; or they are unable or unwilling to lift their gaze and look us in the eye. The Golem looks more human than they and they look almost demonic. So he has reversed the norm and the expectation, in making his Golem appear more human and more sympathetic as a character than they do. Does this reflect a conscious or unconscious anti-Jewish bias, not to be unexpected necessarily for someone who is in the midst of trying to clarify his own identity as a Jew and/or as a Christian?

But if Ascher’s depiction of the Golem it/himself is benign—who towers over the other individuals in the image, perhaps even protectively—that also suggests that he is seen as a positive figure regardless of how those who made him and would ultimately have to destroy him were seen by the artist. This certainly accords with a distinct Jewish perspective. For Jews, the Golem was a kind of messianic character.

If we view Ascher as a Jewish painter, (both because we cannot judge the seriousness of a conversion imposed on a child and because the world in which Ascher lived had come to view Jews in any case as a race, rather than a religion from which one could really convert), then he is one of a handful of Jewish artists who also focused on the figure of Jesus between about 1870 and 1940. Ascher’s 1918 “Golgotha” is different: Christ is not only not the center of the visual activity in his painting but is, as it were, the opposite of Ascher’s “Golem”: while there are background figures in the upper center of both of their respective compositions, the Golem dominates his visual arena, whereas Jesus is a small shadow in his.
Golem, by Fritz Ascher

The image of the Christ is one to which Ascher returned several times. In a complex work from 1922 with Golgotha once more as the focus, he offers a viewpoint whereby the foreground figure is positioned as if he is one of the thieves, (ie, a side crucified figure rather than the central one), as the three victims are arrayed in a diagonal that, from lower right to upper left, neatly bifurcates the composition between these three individuals, dying, and the rest of the action. But in otherwise retaining traditional iconography he has made it clear that this side figure, closest to the viewer, is Jesus, crowned with thorns and his extended arms held to the cross’s horizontal beam by large nails, whereas the figure positioned both in the center of the three victims and in the painting’s compositional right-left center, as well as in the middle ground, has his arms wrapped around the cross beam.

Surely the most unusual of Ascher’s engagements of the Crucifixion is an undated painting that combines the sacred scene on Golgotha with three other elements—each, as it were, connected to it but increasing in conceptual distance from it. Golgotha itself, limited to no more than the three crucified figures, dominates the left hand upper side of the image. Not inconsistent with the tradition of merging past and present, a procession that may be identified as medieval makes its way along a diagonal from the upper right (running in a subtle parallel to the placement of the three figures on the upper left, and contrary to the diagonal line of the three horizontal beams of their crosses). We recognize the leaders of the procession as cardinals.

Those solemnly marching with them hold high a series of pennants that can be identified as bearing images to represent the contrade—parishes—that comprise the community within which the procession takes place. Most importantly, they also hold aloft a life-sized image of the crucified Christ, his head encircled by a series of glowing lights to represent his halo. The image’s upper arms, shoulders and head stand out in being placed by the artist against the dark purple cloud in the upper center of the entire composition from behind which the sun manages to emit an explosion of golden beams.

So a procession led by an image of Christ is placed within the same register as the image of the actual Christ. Far more disturbing to a traditional understanding of both Golgotha and the myriad processions across Christendom that recall it throughout the centuries, is a second procession that runs precisely parallel to that first one—almost, but not quite, as if it were the foreground of the same just-described parade—from the center of the overall composition to the lower left. Four muscular male figures with naked torsos, their heads and faces completely shaved, bear on their shoulders a golden platform upon which a completely naked female figure kneels, sitting back on her heels. She has a halo around her head, albeit more of a sun-like glow expanding out from her detail-less face than the flat disk that serves as the halo of the Crucified Jesus. She raises her arms in an orans position consistent with the style assumed by priests and particularly priestesses in antiquity, from Egypt to Crete to Canaan to Mesopotamia, in adoration of the sun god or the storm god.

Placed as she is in the composition, her gesture could be construed as directed in adoration toward the Crucified Christ—or not, given the direction of her head and even considering the problematic of determining the precise direction of her gaze, since she has no eyes, nose or mouth. She may simply be maintaining that orans pose for the duration of the procession as it makes its way through the sacred precinct of whatever ancient city toward the temple of some pagan deity.

Is this Ascher the Jewish painter, as opposed to Ascher the Christian painter—or perhaps, more accurately, Ascher who is neither and both of these—who creates this apparently subversive image? The Golgotha element is largely as a traditionalist would envision it. The Roman Catholic procession with life-sized crucifix and contrada pennants, even in the same register as Golgotha itself, is consistent enough with familiar Christian imagery. But the inclusion of an apparent pagan procession within the same composition, the elements of which suggest ancient Egypt and Mesopotamia in particular? Is this intended to underscore the pagan side of the origins of Christianity—a side most everyday Christians are either unaware of or uncomfortable referencing, but the sort of aspect of which an everyday Jew might take particular note as Judaism and Christianity contend with each other regarding which of them has a firmer hold on God’s Truth?

These paintings were done between 1916 and the early 1930s—before the world of which Ascher was part began to implode and then explode. Arrested and brought to Sachsenhausen concentration camp during Kristallnacht, as we have noted—a few weeks after his mother’s death and his own 45th birthday—he was removed to Potsdam Prison after six weeks, and freed from prison six months later through the efforts of a lawyer friend and Propst Heinrich Grueber, an Evangelical Protestant minister.
Heinrich Grueber
For two years he was permitted to live openly, but was required to report to the authorities every week. When the police officer to whom he reported, Heinrich Wolber, told him that he was scheduled for deportation, he went into hiding, surviving for three years in the basement of a partially bombed-out villa—Lassenstrasse 28, in the wealthy Grunewald neighborhood of Berlin—tended to by Martha Grassmann (1881-1971), a close friend of his mother.

This was a house surrounded by the residences of important Nazi officials—the villas having been confiscated by the regime from their Jewish owners—making his situation complicated, and underscoring the importance of those who helped him. There, all of the powerful emotion that suffuses his early work, in particular his Golem and Christ images—a diverse handful of messianic paintings and drawings—would be subverted into words, as a practical matter, (painting supplies were virtually impossible to come by), so that he would be limited to self-expression through dense and difficult poetry. The biographical question—how did this Jewish artist, (for surely the Nazi regime would have considered him Jewish), manage not only to survive the era of Nazism and the Holocaust but to live and even create, (albeit not painting but poetry), for much of that period, in the very eye of that storm?—yields to an artistic question: how might his style and its formal and coloristic elements have been affected by his experiences, as few artists can be unaffected by the world around them? How—if at all—do his subjects reflect the concentrated universe in which he functioned during those years, once he was able to return to visual self-expression after the war?

It is arguable that he created his strongest work after 1945, after emerging from this wartime chrysalis, opening up emotionally, using his work as an instrument with which to overcome what he had experienced—and in those post-war years he remained connected to the expressionist color and form he had found by the 1920s and 1930s, while locating his own pictorial language in his landscapes. He added what might be seen, perhaps, as a deeper spirituality than before: not formal religiosity, but spirituality, visible in his intense Expressionism, in his thick impasto, vigorous brushstrokes and surprising pigments, in his Rembrandt-like interest in light and shadow. The Expressionist fervor of his earlier work if anything increased—perhaps reflecting the energy pent up during the years of visual silence, but his style may be said to have picked up where he had left it when Nazism and war transformed his world.

For the most part, he turns in his oil paintings away from those early figurative images, toward landscapes and nature that are both richly textured and vibrantly colored—even his darknesses seem to have a paradoxic brightness to them—although in his drawings and water colors and gouaches figures and often very fierce faces remain prominent.

In his oils, though, Ascher depicts the sky itself and depicts the sun exploding from the canvas toward the viewer. Or he is the sun, turning toward the sunflowers that fill the entire picture plane, that turn toward the sun, as he portrays these elements, one by one, canvas by canvas, in thick, bright pigments that suggest both vibrant, life-affirming joy and, in the rough-hewn nature of his brushstrokes, a dark, inner anguish transformed into light. In the last decade of his life he often used the motif of two lush trees rising toward a sky that scintillates with light blue and is dominated by white, fleshy clouds; or that glows, in an evening landscape, from horizon line to treetops to the upper edges of the painting with the same sort of brash yellow-orange that he used decades earlier on Christ’s halo in his mysterious image of Golgotha and its accompanying processions. Are the two trees (or two lines of trees) that repeat so often just two trees to frame the sky to which he devotes such visceral attention or do they echo the spiritual duality—feeling somehow both Jewish and Christian—that haunted the artist throughout his life?

These works show how his expressionist style evolved toward further ferocity in the last twenty-five years of his life. His work connects to Expressionist style both before and after him, from Van Gogh and Soutine to Francis Bacon and David Stern.

In his last work, The Drowned and the Saved, the Italian Jewish writer and Holocaust survivor, Primo Levi, observed that nobody sets out to be a “Holocaust writer or artist,” but remains so emotionally marked by the experience—one is never free, never truly a “survivor”—that s/he writes or paints or sculpts out of compulsion: a need to express and to remember (or to forget) what is fundamentally inexpressible and paradoxically unforgettable. As mind-challenging ambiguities emerge from an examination of Fritz Ascher’s Der Golem and other early messianic/Christological works, so in the late, post-Holocaust work of the artist one encounters an obliquely expressed visual echo of Levi’s proposition: Ascher’s work is freer than ever and as burdened as ever, completely disconnected from his Holocaust experience that is yet deeply embedded within every painting. His work has nothing to do with that experience and everything to do with it. From “Der Golem” to the last landscapes, Ascher’s paitings are powerful reflections and refractions of what and how humans are, at their best and at their worst.
Crucifixion, by Fritz Ascher
Crucifixion, 1918, Private collection
Other works by Fritz Ascher from the postwar era:

Sunset, 1952, private collection

Two trees in the wind, 1961, private collection


For further information on Fritz Ascher, we recommend that you consult the following online resources:
 The Fritz Ascher Society

as well as a December 17, 2014 article that appeared in the Times of Israel on Fritz Ascher.




08 January 2015

Je suis Charlie

In deference to the slain free thinkers of the Charlie Hebdo staff in Paris, we take this moment to honor their memory, their irreverence, their humor, their ability to laugh at themselves and at everyone, in good cheer, to remind ourselves that this freedom that we so cherish has to be exercised and not simply mouthed.

In the case of Charlie Hebdo, they paid the worst price, an unacceptable price in this time and age.

Stand tall.

Stand firm.

In solidarity.


JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE
JE SUIS CHARLIE         

 

04 January 2015

HARP and the Hopi Tribe


by Ori Z. Soltes, President, the Holocaust Art Restitution Project, Inc. (*)
Protest outside Hotel Drouot auction house in Paris


The Holocaust Art Restitution Project (“HARP”) was founded in 1997 to perform research pertaining to cultural property that was plundered during the Nazi period and never recovered by its original owners. This was by definition a mandate with expandable parameters. The contexts of plunder and its aftermath prove variable: while most works were stolen by the Nazis, the Soviet “Trophy Brigades” notoriously plundered from the Germans without concern as to whence the Germans had gotten such loot—for the USSR, which suffered quantitatively and qualitatively beyond what most others, certainly Americans, can imagine, whatever they brought back to their own museums was small compensation for what they had lost in lives and cultural property destruction—and allied soldiers more than occasionally walked off (or in the most egregious case, that of Joe Tom Meador, sent home in plain-wrapped boxes) with important artifacts, most often from German sites. Objects ended up not only in museums, but—thanks to an art market that flourished throughout the war without thought as to the fate of those individuals, families, galleries or museum collections from which the objects had come—in private galleries and in turn private hands and homes.
42nd "Rainbow" Division in all its glory

The common denominator in all of this is the manner in which greed can and did blind so many plunderers and their accomplices, both during and for decades after the war. It offers a parallel to the larger truth regarding the human species: that we can be and have historically been immeasurably destructive, that we alone turn torture into an art and killing into a science. We who can be so extraordinarily creative—who produce drawings and paintings and sculptures and edifices, as well as poetry and music, theater and dance—have an intensely dark side; the Taliban and ISIS destroy cultural property; Hitler and his minions destroyed, but also hoarded, traded and sold unprecedented quantities of it—and there was a host of enablers both then and since then for whom the possibility of direct or indirect profit or simple selfishness means that the issue of Nazi-plundered cultural property continues to be before us 70 years after the last wartime guns were fired.

For HARP, the common denominator in our research has been the desire, during the past 15 years, to offer some counterweight to these forces, to push the scales of justice toward some balance in the manner of continuing the sort of work—done in the immediate aftermath of the war, but with insufficient resources and for too brief a period of time—that can restore cultural property to those individuals from whom and those institutions from which it was forcibly taken, whether at gunpoint or at pressure point. It has been and always will be a daunting task; the issue is scaled as biblical Goliath was said to have been facing David, here HARP.

Our taste for justice, however, is not limited. There is a peculiar logic to our having taken up a cause that apparently has nothing to do with the Holocaust, but everything to do with that taste, inherent in a mandate such as ours. Sacred objects belonging to the Hopis and, as the issue has expanded, to Navajos and Zunis—and no doubt other Native American groups—have, like other sacred objects from diverse cultures across the planet, been plundered, destroyed, transferred, sold, purchased by museums and private individuals motivated by the same sort of impulses that motivated Nazi plunderers and their gallery and museum accomplices during and after World War II, Soviet hoarders and American GI thieves. The emergence during the past two decades of an awareness of this unsolved problem has followed a growing awareness of the importance of recognizing the integrity of indigenous peoples everywhere and of protecting their cultural and religious rights. Thus the two “types” of plunder injustice have finally become linked. They are linked, too, by a common principle: those with the power and experience to hold onto what they have taken (or others have taken on their behalf) use that power and experience to maintain a tenacious hold on their booty against the attempts of the plundered to regain possession of their property.

Twice now, within the past six months, an auction house in Paris and its regulatory oversight body, have ignored history, justice and the ethics that they pretend to uphold as civilized champions of culture, placing scores of sacred objects plundered from the Hopis and other American Indian tribes up for sale. The auction house ignored the question of provenance, (in the second auction going so far as to deliberately mislead would-be buyers by announcing in its catalogue that no objects up for sale had any provenance questions or problems attached to them), the issue of the indigenous peoples’ cultural and religious rights—and in the case of its regulatory oversight body, the French Conseil des Ventes, (“Board of Auction Sales”) offered its ruling on this matter, in favor of the auction house, by denying the standing, i.e. the legitimacy and indeed the very existence, as such, of the Hopis and other American Indian tribes as other than a vague group with a name apparently not found in the French dictionary.

That HARP should have taken up this cause on behalf of the Hopi tribe, to use our experience and our expertise to argue on their behalf that the auction of such artifacts not take place—the first time as an advocate, the second time as an advocate with the Power of Attorney to represent the Hopis and their Chairman—falls well within the bounds of our larger mission of seeking justice for those whose cultural property (and in this case, religious property) has been plundered and never returned to them. The same greedy motivation impelled and impels the auction house and the participants in its process, including the French Government, of continuing to despoil a particular group of its possessions and its heritage, without concern for how and when and why such artifacts were taken from their original locations in Arizona. The same desire to offer some balance to this stance that impels HARP’s interest in Nazi-plundered art has motivated HARP’s participation in fighting to get the artifacts off the market and on a trajectory back to those who made them and use them for cultural and religious purposes.

There is a particular and somewhat ironic feature in this: the French have a rather spotty, if not appalling record with regard to returning Nazi-plundered cultural property to families from which it came when holes in the national museum collections could be nicely filled by some of that property. That they have, in this latest instance of moral blindness, twice ignored their own stated position as part of the Western world regarding the reality and rights of indigenous peoples and instead have stood on the edge of legal technicalities to avoid pursuing an ethical course echoes the perspective that led so many Holocaust-era objects—from Louis XIV furniture to paintings—to remain in state museums.

HARP will continue, when asked to do so, to push those who pretend that cultural and religious property taken from its original owners ceases to have a connection to those owners simply because it has passed from hand to hand and now hangs in a public museum or is displayed in an auction house or has been purchased by a buyer who chose and/or chooses not to ask questions as to where his or her prize came from and how it left its original home.



(*) Ori Z. Soltes teaches at Georgetown University across a range of disciplines, from theology and art history to philosophy and political history. He also is the former Director of the B’nai B’rith Klutznick National Jewish Museum in Washington, DC, where he curated exhibitions on a variety of subjects from archaeology to ethnography to contemporary art. He has taught, lectured and curated exhibitions across the country and internationally. He also is the author of over 230 articles, exhibition catalogues, essays and books on a range of topics. Recent books include The Ashen Rainbow: The Arts and the Holocaust; Our Sacred Signs: How Jewish, Christian and Muslim Art Draw from the Same Source; Searching for Oneness: Mysticism in Judaism, Christianity and Islam; and Untangling the Web: A Thinking Person’s Guide to Why the Middle East is a Mess and Always Has Been. Ori, along with HARP’s team, was also involved in a number of restitution matters, such as providing the historical research and background with regard to Egon Schiele’s “Portrait of Wally” case, as well as the restitution of “Odalisque”, a painting by Henri Matisse, to the Paul Rosenberg family.