Identifier
Created
Classification
Origin
07BERLIN925
2007-05-08 12:11:00
CONFIDENTIAL
Embassy Berlin
Cable title:  

ENCOURAGING GERMANY TO MOVE FORWARD ON HOLOCAUST

Tags:  GM PGOV PREL 
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P 081211Z MAY 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 8202
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUCNFRG/FRG COLLECTIVE PRIORITY
RUEHTV/AMEMBASSY TEL AVIV PRIORITY 0524
RUEHJM/AMCONSUL JERUSALEM PRIORITY 0127
C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 000925 

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SIPDIS
DEPT FOR EUR/AGS AND EUR/OHI

E.O. 12958: DECL: 04/30/2017
TAGS: GM PGOV PREL
SUBJECT: ENCOURAGING GERMANY TO MOVE FORWARD ON HOLOCAUST
ISSUES


Classified By: Policical M/C John Bauman for Reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 000925

SIPDIS

SIPDIS
DEPT FOR EUR/AGS AND EUR/OHI

E.O. 12958: DECL: 04/30/2017
TAGS: GM PGOV PREL
SUBJECT: ENCOURAGING GERMANY TO MOVE FORWARD ON HOLOCAUST
ISSUES


Classified By: Policical M/C John Bauman for Reasons 1.4 (b) and (d)


1. (U) Summary: Special Envoy for Holocaust Issues J.
Christian Kennedy met April 22 and 23 with German government
officials to discuss three major Holocaust issues: "ghetto
pensions," restructuring of the slave labor foundation's
Board of Trustees, and stolen art restitution. In each of
these areas, the German government could do more to meet its
moral obligations to victims of the Holocaust. Embassy
Berlin is contacting appropriate parts of the German
government to encourage forward movement, particularly on the
pensions and Foundation Board issues. End summary.

Progress Slow on Ghetto Pensions
--------------


2. (C) Kennedy met with the Finance Ministry's Kurt Bley,
Director for War-related Compensation Issues, to discuss how
to deal with the 90 percent of pension claimants (out of
70,000 total claimants) who have been rejected under
Germany's 2002 law to provide pensions to certain workers in
Nazi-era ghettos. Though the German government has
acknowledged the need to do more, Jewish and survivor
organizations see Germany's efforts as proceeding too slowly.
The government appears to have rejected the idea of drafting
new or amending the old legislation to accommodate the
rejected claimants. The government's alternative approach,
"administrative" solutions, has not yet begun in earnest and
could take years to finalize -- beyond, perhaps, the
lifetimes of remaining Holocaust survivors. The government
is consulting the Jewish Claims Commission on how to proceed,
but the two remain far apart.

Foundation Board: If it Ain't Broke...
--------------


3. (U) Kennedy met with Foreign Office representatives and
leading parliamentarians on the issue of the German slave
labor foundation (Remembrance, Responsibility, and Future
Foundation),set up in 2000 to compensate Nazi-era slave
laborers. The Foundation has been a major success, paying
out Euros 5 billion to victims of the Holocaust. The
Foundation's compensation andate is now completed, and it is
now shifting ocus to the administration of a Future Fund

mean to provide Holocaust and tolerance education. Inview
of this shift, the German government, suppoted by the German
business group which funds half of the Foundation's work, has
proposed changing he Foundation's Board of Trustees by
concentrating all substantive policy-making in an 8-person
all-German Board, assisted by an international advisory board
with 19 members.


4. (C) Kennedy raised his concern that the proposed changes
might, by eliminating the international presence in the
decision-making board, mar the success of the Foundation and
result in ill-will toward the Foundation and Germany. The
U.S. has in the past indicated a willingness to accept some
changes/reductions, but has maintained that the international
nature of the Board was key for the U.S. Furthermore, these
changes could divert the Foundation's focus from Holocaust
issues to unrelated ones. Although the Future Fund will deal
with contemporary issues, the U.S. view has been that they
should be problems that stem from and/or afflict the peoples
affected by the Holocaust. Georg Witschel, MFA Director
General for Legal Affairs, asserted that, since the
Foundation is fundamentally German, any change in governance
is a matter to be decided upon by the German parliament, not
by the international community. Kennedy countered that the
U.S. has a role in deciding the future of the Foundation and
opposed unilateral changes. Kennedy said that he would
consult and get back to Witschel about reaction in the U.S.
to the proposed restructuring of the foundation,s governing
body, adding that he thought the reaction might be quite
negative.


5. (C) The government proposal is not without critics within
Germany. Some key parliamentarians agree with the U.S.
perspective. Volker Beck (Greens) said to Kennedy, "let's
kill the proposal totally" and that there is "no need for
change" in the governance structure. Gert Weisskirchen (SPD)
-- also the OSCE Chairman in Office,s Personal
Representative for Anti-Semitism -- agreed with Kennedy and
offered to advise Foreign Minister Steinmeier to oppose the
proposal, despite the fact that one of its leading
architects, parliamentarian Dieter Wiefelspuetz, is a member
of his party. Kennedy promised to be back in touch with U.S.
reactions after consultation.


BERLIN 00000925 002 OF 002


Rightful Owners of Stolen Art Still Waiting
--------------


6. (C) Kennedy's specific purpose in coming to Germany was
to speak at an April 23 Potsdam conference entitled "A Debate
Without End? Stolen Art and Restitution in the
German-speaking Realm." The conference indicated the deep
frustration on the part of original owners and their heirs
with the slow pace of restitution. Sources of frustration
include the expiration of statutes of limitations and the
lack of a set of German laws specifically relating to art
restitution during this period. In his remarks to the
conference, Kennedy pointed out that the Washington
Conference Principles of 1998 have encouraged disputing
parties to seek expeditious out-of-court settlements as an
alternative to lengthy and often fruitless legal battles.
Conference participants resolved to support a follow-on
Washington Conference in order to further develop the
Principles. German Holocaust Commissioner Benedikt Haller
endorsed this proposal in a private meeting with Kennedy and
suggested it could take place in Germany.


7. (C) Comment: Germany is moving too slowly on ghetto
pensions, and its aims in changing the structure of the slave
labor foundation are unclear. Nor has it acted expeditiously
to resolve legal obstacles to the just restitution of
Nazi-era looted art. Embassy Berlin has begun to engage
contacts within the German government, encouraging them to
move forward on these issues. Poloff raised our concerns
with Guido Beermann (protect),Chief of Staff to Acting State
Secretary Beus of the Federal Chancellery, who acknowledged

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that the Chancellery pays relatively little attention to such
issues. He did, however, promise to look further into the
ghetto pensions and Foundation Board issues, but added that
significant Chancellery intervention in the Foundation Board
matter, an issue led by an SPD Foreign Minister, could be
viewed as a breech of the Coalition Agreement. We will
coordinate closely with EUR/OHI on specific approaches to be
made. End comment.
TIMKEN JR