Council of States says yes to new commission for provenance research

Published: Tuesday, Jun 4th 2024, 11:10

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The Confederation is to create a new "Commission for Historic Cultural Heritage". The Council of States has backed a corresponding amendment to the Federal Act on the International Transfer of Cultural Property.

As part of the debates on the new Federal Cultural Dispatch 2025-2028, the Council of States voted unanimously in favor of the new legal provisions on Tuesday. These still have to go before the National Council.

According to the draft of the new legal provision, cultural assets are considered "historically burdened" if they "raise questions due to the transfer of rights in the context of National Socialism or colonialism."

All parties must say yes

The commission is to advise the Federal Council and the Federal Administration on issues relating to historically significant cultural heritage. Upon request, it should be able to make "non-binding recommendations". This "with the agreement of all parties", as the Council of States stipulated in the draft revision. Only at the request of a single party should the commission not be able or required to become active.

A minority of the Council of States' preliminary consultation committee for science, education and culture (WBK-S) wanted to give the planned committee more leeway. Flavia Wasserfallen (SP/BE) said that this body would only be able to act effectively if it could be called upon unilaterally.

Benedikt Würth (center/SG) disagreed on behalf of the majority: Such disputes over cultural assets are usually very complex. Experience shows that good solutions can only be found if both parties say yes to the work of the commission.

With the new legal provisions, Switzerland is taking a major step in this area, Würth continued. Today, there is only one contact point for looted art at the Federal Office of Culture.

Federal Councillor Elisabeth Baume-Schneider said that such commissions are used quite diligently abroad. All too often, she said, disputes on such issues were nowadays taking place in the media. Baume-Schneider requested that the Commission minority's version be supported. However, the Council followed the majority by 30 votes to 15.

Platform is also created

In 2022, Parliament instructed the Federal Council to become more active in provenance research, i.e. research into the origin of works of art and cultural assets. At the time, it referred motions to create a commission and form a platform for provenance research by museums. The Council of States also approved this platform.

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