The Musée des beaux-arts in La Chaux-de-Fonds in Switzerland has been in the news recently, for their refusal to return a Constable painting looted by the Nazis to the heirs of the rightful owner.

The excuse given by the museum is that they did not know that they purchased the item in good faith. Further to this, they also argue that as a neutral power in the Second World War, their history is unencumbered by the holocaust.

Neither of these reasons holds much credibility for me though. If the legitimacy of a purchase is merely down to good faith, then surely this leads us down a route where nobody asks awkward questions when making a purchase. Even if the due diligence process was thorough, this should not be an acceptable excuse. although perhaps there is an argument that some compromise could be made – either between the museum and the rightful owners, or potentially the governments of countries that expect their institutions to be able to do the right thing. There is no precedent for the second argument – that Switzerland had no involvement in the situation that led to the looting. Britain was actively fighting against the Nazis during the Second World War, arguably giving it a stronger claim to this than Switzerland, but various institutions have already made restitutions in similar cases and the right to do this is enshrined in law by the Holocaust (Stolen Art) Restitution Act.

Despite all the above though, what this article skips over, is that the Holocaust is not a special case in this regard. Museums should make far wider examinations of provenance and their justifications for ownership. The Benin Bronzes and the Parthenon Sculptures in the British Museum are just some of the many other cases currently outside of the legal frameworks that allow for the return of Nazi loot, meaning that the institutions that hold them feel little need to argue a case, as they know that there is no legal way for the items to be deaccessioned from their collections at present.

John Constable’s Dedham From Langham, 1813

From:
Guardian

Why a Swiss gallery should return its looted Nazi art out of simple decency
Jonathan Jones
Wednesday 27 January 2016

Memory has many colours. A work of art that survives the centuries is an embodiment of history, marked invisibly by all the hands that have held it. Who owned it? Where did it hang? These are not just arcane questions for scholars but the network of human experience that haunts works of art in museums and makes them richly alive.

The hunt for works of art looted by the Nazis matters. Researchers who discover the true owners of a painting stolen in wartime Europe and later acquired innocently or knowingly by a museum or gallery are piecing together shadowy stories of oppression, injustice, murder and destruction. Why did the Nazis loot art from Jewish owners? It was not only greedbut an ideological belief that Jews contributed nothing to European civilisation and did not deserve to share in it.
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