Independent Commission SKKG
Independent Commission of the Stiftung für Kunst, Kultur und Geschichte for Clarifying Claims Resulting from Nazi Persecution
Commission
In spring 2023, the SKKG board appointed the Independent Commission SKKG. The interdisciplinary commission is tasked with clarifying whether any of the foundation's cultural goods were lost between 1933 and 1945 due to Nazi persecution and, if so, developing a just and fair solution. The focus lies on the unconditional restitution of the cultural property in question.
The Independent Commission SKKG maintains its independence and impartiality in the clarification of Nazi-persecution-related claims. It is committed to the Washington Conference Principles of 1998, the Terezin Declaration of 2009, the ICOM Code of Ethics for Museums of 2004 and the Principles of the Stiftung für Kunst, Kultur und Geschichte (SKKG) in dealing with the loss of cultural goods due to Nazi persecution of January 10, 2023.
In accordance with the “Terezin Declaration” of 2009, the Independent Commission SKKG understands Nazi-persecution-related loss of cultural goods to mean all losses suffered by victims of the Holocaust (Shoah) and other victims of National Socialist persecution, including through robbery, coercion, confiscation, but also through forced sales and sales under duress, occurring during the Holocaust era between 1933 and 1945 and as an immediate consequence thereof.
The Commission takes decisions based on the best of its knowledge and belief, and at its own discretion. It strives to find a solution that is as comprehensible and appropriate as possible for everyone. In the event of a loss of a cultural good due to Nazi persecution and sufficient proof of legal succession, the Commission shall decide on the unconditional restitution of the cultural good or another just and fair solution.
The decisions of the Independent Commission SKKG are published once the proceedings have been concluded. An obligation of confidentiality applies during the ongoing proceedings, therefore the Commission will maintain such confidentiality.
Commission members
- Dr. iur. Andrea F. G. Raschèr, Commission President
- Prof. Dr. phil. Constantin Goschler
- Dr. iur. Claudia Kaufmann
- Prof. Dr. phil. Stefanie Mahrer
- Olaf S. Ossmann, Attorney-at-Law
Head of the Commission Office
RA lic. iur M.A. Monika Steinmann Meier
Mission
The National Socialist regime systematically persecuted millions of people in Europe – especially German and European Jews – depriving them of their personal rights and property, forcing them to flee, imprisoning them in camps, mistreating and murdering them. After the end of the Second World War, it was difficult to have a full grasp of the extent to which art and cultural goods were looted and forced to be sold. But even more than 50 years after the end of the war, the problem of Nazi-looted art had not yet been solved, as was demonstrated by looted property trials that attracted worldwide attention. There are still cultural goods lost due to Nazi persecution that have not been returned to the victims. In view of the great need for action, principles were adopted at the Washington Conference in 1998 in which the signing states, including Switzerland, committed themselves to clearing up this injustice. To this end, their mission is to locate art and cultural property lost due to Nazi persecution and, where possible, to find a just and fair solution for the art objects found.
The Stiftung für Kunst, Kultur und Geschichte (SKKG) in Winterthur regards its collection as a legacy and part of common heritage, and is committed to examining the collection for cultural goods lost due to Nazi persecution, to disclose provenances and to actively assess any legal claims. For questions relating to cultural property lost as a result of Nazi persecution, the SKKG has appointed an independent commission to clarify claims. The Commission’s objective is to find just and fair solutions to issues relating to cultural goods lost due to Nazi persecution.
To reach its objectives, the SKKG board has appointed an in-house specialist team that is directedby an external project management, which is charged with the scientific clarification of the provenance of corresponding cultural objects. This department continuously provides the results of its work to the Independent Commission SKKG.
The SKKG has pledged to recognize the decisions of the Independent Commission SKKG as binding and to implement them.
Reports
Just and fair solution for “Thunersee mit Blüemlisalp und Niesen”: The SKKG and heirs of the previous owner come to an agreement on the restitution of the painting by Ferdinand Hodler
The Stiftung für Kunst, Kultur und Geschichte (SKKG) and the heirs of the previous owner, Martha Adrianna Nathan, born Dreyfus (1874-1958) have come to an agreement through proceedings led by the Unabhängige Kommission SKKG (hereafter: the Commission). The painting “Thunersee mit Blüemlisalp und Niesen” (1876/1882) by Ferdinand Hodler, which has been in the SKKG collection since 1998, will be returned to the heirs. The agreement also stipulates that the history of the former owner be made available to the public.
In its report, which served as the basis for the agreement, the Commission acknowledged the results of SKKG Provenance Research and its own investigations. In doing so, the Commission came to the conclusion that, at the end of 1922, the painting “Thunersee mit Blüemlisalp und Niesen” belonged to Martha Nathan from Frankfurt am Main, who was persecuted as a Jew by the Nazi regime. She fled Germany for France in 1937 and on to Geneva in August 1939.
In 1941, the painting by Ferdinand Hodler was sold in Switzerland. The UK-SKKG came to the conclusion that the sale was directly related to Martha Nathan’s predicament. Without the sale of the painting, she would not have been able to prove that she had the necessary funds to extend her residence permit. As a French Jew, the loss of her residence permit would very likely have had life-threatening consequences for her. The Commission therefore considers this to be a case of loss due to Nazi persecution. In its report, the Commission emphasizes that this applies despite the fact that the sale took place in a third country such as Switzerland. The persecuted person was also in a state of distress in this case.
Ferdinand Hodler (1853–1918), Thunersee mit Blüemlisalp und Niesen, 1876/1882, oil on canvas, 67.0 x 89.0 cm, inv. 01859,
Stiftung für Kunst, Kultur und Geschichte, Winterthur. Photo: SKKG 2020. [High res image]
Archive press releases:
Principles
- Principles of the Stiftung für Kunst, Kultur und Geschichte (SKKG) in dealing with the loss of cultural goods due to Nazi persecution
- Rules of Procedure for the Independent Commission of the Stiftung für Kunst, Kultur und Geschichte for Clarifying Claims Resulting from Nazi Persecution
- Washington Conference Principles on Nazi-Confiscated Art 1998
- Vilnius Forum Declaration 2005
- Terezín Declaration on Holocaust Era Assets and Related Issues 2009
- Best Practices for Washington Conference Principles on Nazi-Confiscated Art 2024
- ICOM Code of Ethics for Museums 2006/2010
- Link to SKKG Provenance Research
Procedure
Procedure
The procedure before the Commission is governed by the Rules of Procedure for the Independent Commission of the Stiftung für Kunst, Kultur und Geschichte for Clarifying Claims Resultung from Nazi Persecution, April 24, 2023 (Updated April 15, 2024).
The individual process steps can also be found in the document "UK-SKKG Procedural Process", dated December 11, 2024.
Requirements for participating in the proceedings:
In order to participate in the proceedings before the Unabhängige Kommission SKKG, the claimant must credibly demonstrate their status as the legal successor to the former owners.
If the Unabhängige Kommission SKKG initiates proceedings, it will notify all parties to the proceedings and will send them the Rules of Procedure together with a joinder declaration.
By signing the joinder declaration, the claimants
- confirm acceptance of the Rules of Procedure;
- acknowledge, once the proceedings have been concluded, the publication of the results of the proceedings, the reports and the relevant sources, for which data worthy of protection will be anonymized on request;
- confirm their expressed declaration of consent to the publication of the proceedings, the reports and the relevant sources once the proceedings have been concluded;
- agree to treat all information during the proceedings as confidential.
Example of a Joinder Declaration
As a party to the proceedings, the Stiftung für Kunst, Kultur und Geschichte has issued a commitment device declaration with the following wording for all proceedings.
Commitment device declaration of the SKKG