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Collected at any cost! : why objects came to the museum through National Socialism and how we deal with them
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The Legal basis for restitution in Austria since 1998The Austrian Art Restitution Act came into force twenty-five years ago,on 5th December, 1998. It commits the Republic of Austria to returncultural objects kept in federal museums, collections, and librariesthat were acquired unlawfully during the Nazi period. It also calls foractive provenance research in these institutions. They are requiredto search their files and depots systematically for relevant objectsand information about them. If it is determined that the objects wereacquired unlawfully, they are to be returned to their original owners ortheir descendants. The required restitutions concern not only valuableartworks, but rather objects of cultural or natural historical importance,which are often of little financial value. This law and the associatedproactive and systematic provenance research are unique in theworld.The Art Restitution Act pertains to federal institutions but doesnot apply to provincial or municipal museums and institutions. Everyprovince has adopted its own legal arrangements or decisions,on the basis of which objects and assets owned by the provinceare to be returned. Some provinces are more thorough than others.Many municipalities have no legal basis of this type at all. The Art­Restitution Act does not apply to private property too.The year 1998 was not only significant in Austria with regard tothe identification and restitution of cultural objects looted during theNazi period, but internationally as well. It was in that year that the­Washington Conference on Holocaust-Era Assets took place, result-ing in the adoption of the Washington Principles. Apart from Austria,forty-four other states and twelve non-governmental organizationsattended the Conference, including Jewish victims associations. TheWashington Principles are a declaration of intent and are not bindingunder international law.KP, MP, MR48