ih Vol. II. No. li NOVEMBER 1947 INFORMATIO;^ ISSUED BY THE — ASSOCIATION OF JEWISH REFUGEES IN GREAT BRITAIN 8, FAIRFAX MANSIONS. LONDON. N.W.3 0^« and ContultJni Hpur$: 10 a.m,—I p.m., 3—6 p.m., Sunday 10 a.m.—'I p.m. Tt/ephont: MAIda VaU 9094 A WORLD CHALLENGE RESTITUTION IN GERMANY HE Palestine debate at U.N.O. has set a unique Tprecedent. For the first time since tliis inter­ national body was created, the views of the Amer­ For a long time, preparations for a legisla­ the special problem of Berlin, where about icans and Russians in a main political issue were tion on restitution have been going on. The one third of German Jewry lived, and which identical. Both the representative of the American " Council for the Protection of the Rights and is essentially administered by the Magistrat delegation, Mr. Herschel Johnson, and Mr. Tsarap- Interests of Jews from Germany " has been and controlled by the Allied Kommandatura. kin, the Soviet delegate, supported the proposal for very active in this matter. Discussions with The Magistrat is now also considering legis­ a Jewish State as outlined in the majority report, the authorities concerned in this country, in lation on restitution; again, however, Four and accepted the principle of partition. The, Germany and abroad have been taking place Power-agreement will have to be reached for opposition came mainly from the Eastern countries almost every day. giving effect to it, this time " on Komman­ led by the two new members of Pakistan and India, Refugees frequently put the question, why datura level." who linked up with the Arab States to a kind of the " Council " or the AJR does not take In the terminology of all the conversations Moslemic-Asiatic bloc. them into their confidence, and why this referred to, and of all the draft laws consi­ The division between those countries and the paper does not regularly report on the dered, restitution means only the return of American-European powers was indeed interesting. progress achieved. There are various reasons identifiable property such as real property, The fact that Soviet Russia has made a common for this reluctance. Firstly, premature ann­ business undertakings, movable property, stand together with the Western powers, may open ouncements may easily raise unjustified if traceable, etc. That does not mean that up new perspectives for international co-operation. hopes. Secondly,'to some extent the conver­ the victims shall not be indemnified for their It would not be too daring to predict that sations with the authorities have to be other losses and money claims. It is the Palestine, which so often in the past was the centre confidential. Finally, the position changes intention that the Restitution Law or Laws of world events, should once more become the so frequently that a report may have become shall be followed somewhat later by legisla­ turning point in history. The Jewish question may obsolete until it has reached the reader. tion on indemnification. have shown Russia and America that in spite of At the time of going to press, the position It is hoped that legislation on restitution their daily political frictions, there is much common is as follows: will prove satisfactory within the limits given ground in settling the burning and intricate prob­ No legislation on restitution exists. The by circumstances. Probably it will cover all lems which beset humanity at the moment. only exception is the Thuringian Restitution property taken from the Jews in Germany Law; even here, however, the validity has between January. 30th, 1933 and May. Sth, been variably claimed and disclaimed by the 1945. It appears there will be the legal occup5Tng authorities in power. presumption that transactions of property The Draft of a Restitution Law was con­ entered into by a " persecutee " in these fatal NOVEMBER sidered by representatives of the three years were made under duress and can be " Laender " in the American Zone with the declared void by the victims. This legal assistance of American and Jewish experts presumption can only be disproved in and passed in Spring, 1947. It was, however, exceptional cases. The nature and scope of 23 such exceptions was one of the most contested not enacted because legislation for all four zones of Germany was thought preferable. points. Another problem was, whether and Sunday 3 p.m. Thus negotiations aiming at a Control to what extent the price has to be returned Council Law for the whole of Germany com­ by the Jewish vendor. It is to be expected AJR CONCERT menced in Berlin. These conversations have that such " repayment " will only be due if now been going on forhedf ayear. There was the original payment was put " at the free agreement between the Powers with regard disposal " of the victim. Here again, it is to the ultimate issue; there was a remarkable most debatable when under the prevailing EMBASSY THEATRE agreement between the American and the circmnstances the possibility of such a " free Swiss Cottage, N.W.3 British, even about the details, with the disposal " is to be assumed. In most of the exception of one single question. At the cases, for instance, the former Jewish owner FRANZ OSBORN (Pianoforte) moment, however, it seems that all attempts emigrated after the sale and was, by the to reach complete agreement have proved transfer restrictions, practically deprived of ANNA POLLAK (Mezzo-Soprano) futile. Probably the statute will now be his " reichsmark " proceeds. (by permission of the Administrator of promulgated in the American Zone only, One problem which played an undeservedly Sadler's Wells Opera) whereas, the British authorities, in preparing large part in the discussions and which—in their own legislation, issued an order, by which spite of all attempts of the " Council"— JOHN HENDRIK (Tenor) owners of confiscated property of Nazi victims has so far proved the stumbling block for a (by permission of Arthur Lane Dubarry Co., have to register with the authorities. complete unity between the American and Prince's Theatre) It is obvious that it would be detrimental the British Authorities is the question of the for all concerned, if, in the end, there would so-called heirless and unclaimed property. Accompanists: be a different legislation for the different This is property the original owners of which PERCY KAHN (for John Hendrik) parts of Germany. Often enough claims perished without heirs or which is not claimed Dr. F. BEREND (for Anna PoUak) concern economic entities e.g. business- by the persons entitled for claiming. undertakings, which are located in difierent There is unanimity insofar as such property Invitation with Programme and Order Form zones. It would also certainly be unjust, if shall go to a number of so-called successor is attached to this issue of "AJR Information." the chances of a Nazi victim would depend organizations, which will use these means PRICES: £1.L0, 10/6, 7/6, 5/-, 2/6 on the question, in which zone his property for the victims of Nazi persecution generally. happens to be situated. There is, finally, There is agreement between the American IConiinued page a Page 82 AJR INFORMATION, November 1947 active and were unable to appraise an emergency IXans K. (fiombay) : for which they had no individual responsibihty. Yet, eissner the impartial observer was able to appreciate the undercurrent of economic dependence and social fear INDIA IN TRANSITION which had been at the root of the pent-up an­ tagonism between difierent communities, until the The present writer has often wondered how we Sights were strangely reminiscent of the November disturbances deteriorated into a mad race between Jewish Refugees have looked to erstwhile neighbours days, 1938. Littered pavements, looted shops, burnt revenge and counter-revenge. and foreign nationals who gave us shelter. The residences, desecrated religious buildings, some The lessons of Punjab have an obvious implication recent disturbances in Punjab which he happened to adjacent to local police stations whence protection on the shaping of the political future of Palestine. witness have supplied the answer, on a scale, though, was called in vain; members of minority com­ Partition must be preceded, and not followed, by the much larger than anything that had taken place in munities sometimes receiving shelter from friendly setting-up of administrative machinery (which had Hitler's realm prior to the outbreak of war. neighbours, the wealthy ones seeking protection in been sadly missing in East Punjab). Resettlement 1.2 million Evacuees had reached West-Punjab international hotels pending the arrival of privately should precede partition, unless there is a truly during the month ended Sept. 11th. Another 600,000 chartered aircraft. We have been through all this neutral international force on the spot to remove were expected in the immediate future. The number ourselves, and our heart went out towards those who real or imagined apprehension on the part of of Refugees moved or moving in the opposite direc­ are now in distress. As was the case with us, the minorities during the period of transition. tion was more or less of the same order. majority of those afflicted had not been politically The present writer has been anxious to avoid apportioning blame between the parties involved in Continued from front page] REGISTRATION OF CLAIMS Punjab (though he holds a strong opinion in this cind the British (but not with the other The following statement has bten made to the regard). He, however, wishes it understood that Powers) that Jewish property of this kind United Restitution Ofiice by the Foreign Office disintegration as witnessed in Punjab and likely in should go to a Jewish Organization or German Section: Palestine, is an indication of political shortsighted­ " 1.