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The '''Justice for Uncompensated Survivors Today (JUST) Act of 2017''' ({{USPL|115|171}},{{USBill|115|s|447}} (and identical {{USBill|115|hr|1226}})) requires the [[United States Department of State|State Department]] to report to congress on steps that 47 countries in Europe, signatories of the 2009 [[Terezin Declaration]], have taken to compensate [[Holocaust]] survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.<ref name="AP20180510">[https://www.timesofisrael.com/trump-signs-holocaust-property-law-that-has-angered-poland/ Trump signs Holocaust property law that has angered Poland], AP (TOI reprint), 10 May 2018</ref><ref name="JPost2018051">[https://www.jpost.com/American-Politics/Trump-signs-act-strengthening-Holocaust-restitution-efforts-556114 Trumps Signs Act Strengthening Holocaust Restitution Efforts], 10 May 2018, Jerusalem Post</ref> |
The '''Justice for Uncompensated Survivors Today (JUST) Act of 2017''' ({{USPL|115|171}},{{USBill|115|s|447}} (and identical {{USBill|115|hr|1226}})) requires the [[United States Department of State|State Department]] to report to congress on steps that 47 countries in Europe, signatories of the 2009 non-binding political [[Terezin Declaration]], have taken to compensate [[Holocaust]] survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.<ref name="AP20180510">[https://www.timesofisrael.com/trump-signs-holocaust-property-law-that-has-angered-poland/ Trump signs Holocaust property law that has angered Poland], AP (TOI reprint), 10 May 2018</ref><ref name="JPost2018051">[https://www.jpost.com/American-Politics/Trump-signs-act-strengthening-Holocaust-restitution-efforts-556114 Trumps Signs Act Strengthening Holocaust Restitution Efforts], 10 May 2018, Jerusalem Post</ref> |
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The bill does not provide the US with any enforcement power, only requiring reporting to Congress. |
The bill does not provide the US with any enforcement power, only requiring reporting to Congress. |
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=== Poland=== |
=== Poland=== |
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While the bill does not single out any particular country, the Polish government sees itself as the target of the law.<ref name="AP20180510"/> After the war ended, the communist government in Poland in rush to rebuild the German destroyed country enacted a wide program of nationalization, taking over large amounts of property, both Polish and Jewish owned.<ref>[https://www.ft.com/content/c47fcb02-749d-11e9-bbad-7c18c0ea0201]Polish nationalists protest at law on restitution of Jewish property 12.05.19</ref> In the years 1948-1971 People's Republic of Poland signed treaties with 14 other countries housing former property owners, and paying equivalent of today's 1 |
While the bill does not single out any particular country, the Polish government sees itself as the target of the law.<ref name="AP20180510"/> After the war ended, the communist government in Poland in rush to rebuild the German destroyed country enacted a wide program of nationalization, taking over large amounts of property, both Polish and Jewish owned.<ref>[https://www.ft.com/content/c47fcb02-749d-11e9-bbad-7c18c0ea0201]Polish nationalists protest at law on restitution of Jewish property 12.05.19</ref> In the years 1948-1971 People's Republic of Poland signed treaties with 14 other countries housing former property owners, and paying equivalent of today's 1,2 billion zlotys<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 |
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Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej </ref>{{better source|date=May 2019}} In 1960 a treaty signed between People's Republic of Poland and United States stated that all compensation claims in US need to be directed to the US government, as Poland paid 40 million dollars (in 1960 value) to US authorities, settling over 10,169 claims, with over 5,022 claim awards, with $100,737,681.63 in the principal amount, plus interest in the amount of $51,051,825.01, with the amount of payment being 33% of principal.<ref>[https://www.justice.gov/fcsc/completed-programs-poland]United States Department of Justice, Foreign Claims Settlement Commission of the U.S. Completed Programs - Poland</ref>{{primary source inline|date=May 2019}}<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 |
Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej </ref>{{better source|date=May 2019}} In 1960 a treaty signed between People's Republic of Poland and United States stated that all compensation claims in US need to be directed to the US government, as Poland paid 40 million dollars (in 1960 value) to US authorities, settling over 10,169 claims, with over 5,022 claim awards, with $100,737,681.63 in the principal amount, plus interest in the amount of $51,051,825.01, with the amount of payment being 33% of principal.<ref>[https://www.justice.gov/fcsc/completed-programs-poland]United States Department of Justice, Foreign Claims Settlement Commission of the U.S. Completed Programs - Poland</ref>{{primary source inline|date=May 2019}}<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 |
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Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej</ref>{{better source|date=May 2019}} However as of late 2018, Poland still had no single, unified law regarding reprivatisation, and the process has been slow and based on a patchwork of several smaller, limited laws.<ref>{{Cite web|url=https://www.tvn24.pl/r/803436|title="PiS nie może mówić, że afera reprywatyzacyjna to nie my"|website=TVN24.pl|access-date=2019-01-07}}</ref>{{better source|date=May 2019}} As of 2018 22,000 individuals received compensation.<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 |
Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej</ref>{{better source|date=May 2019}} However as of late 2018, Poland still had no single, unified law regarding reprivatisation, and the process has been slow and based on a patchwork of several smaller, limited laws.<ref>{{Cite web|url=https://www.tvn24.pl/r/803436|title="PiS nie może mówić, że afera reprywatyzacyjna to nie my"|website=TVN24.pl|access-date=2019-01-07}}</ref>{{better source|date=May 2019}} As of 2018 22,000 individuals received compensation.<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 |
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Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej</ref>{{clarify|reason=What kind of compensation?|date=May 2019}} |
Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej</ref>{{clarify|reason=What kind of compensation?|date=May 2019}} |
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In April 2018, former Polish Prime Minister [[Leszek Miller]] stated that all property claims by individuals that are US citizens have been settled by the agreement signed between USA and Poland on 16 July 1960<ref>[https://www.wprost.pl/kraj/10120269/burza-wokol-ustawy-447-leszek-miller-przypomina-o-umowie-z-usa.html] Burza wokół ustawy 447. Leszek Miller przypomina o umowie z USA Wprost 25.04.18</ref> |
In April 2018, former Polish Prime Minister [[Leszek Miller]] publicly stated that all property claims by individuals that are US citizens have been settled by the agreement signed between USA and Poland on 16 July 1960<ref>[https://www.wprost.pl/kraj/10120269/burza-wokol-ustawy-447-leszek-miller-przypomina-o-umowie-z-usa.html] Burza wokół ustawy 447. Leszek Miller przypomina o umowie z USA Wprost 25.04.18</ref> |
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Poland had a pre-war Jewish population of over 3.3 million, with only 369,000 surviving the war,<ref name="polandjewish">{{cite web| url=https://www.jewishvirtuallibrary.org/poland-virtual-jewish-history-tour| title=Poland Virtual Jewish History Tour|accessdate=11 May 2019}}</ref> and Jewish property first stolen by the Nazis and then nationalized by Polish (Communist) authorities is estimated to be valued in billions of dollars.<ref name="JTA20190125"/> Restitution of Jewish property in Poland would also potentially set a legal precedent for other groups in Poland whose property was nationalized, namely the nobility and churches.<ref name="JTA20190125"/> Most of the property seized and [[nationalization in Poland|nationalized by the communists after the war]], including [[Bierut Decree|most of the properties]] in the Polish capital of [[Warsaw]],<ref name="BazylerBoyd2019">{{cite book|url=https://books.google.com/books?id=D9F2DwAAQBAJ&pg=PA327|title=Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution|author1=Michael J. Bazyler|author2=Kathryn Lee Boyd|author3=Kristen L. Nelson|publisher=Oxford University Press|year=2019|isbn=978-0-19-092306-8|pages=327–328}}</ref> belonged to non-Jewish Poles and estimates of Jewish claims are only between 15 to 20 percent of all potential claims.{{according to whom|date=May 2019}} While some claimants were able to recover property in post-communist Poland,<ref name="BazylerBoyd2019"/> the process in Poland is filled with "fraud and sense of injustice" |
Poland had a pre-war Jewish population of over 3.3 million, with only 369,000 surviving the war,<ref name="polandjewish">{{cite web| url=https://www.jewishvirtuallibrary.org/poland-virtual-jewish-history-tour| title=Poland Virtual Jewish History Tour|accessdate=11 May 2019}}</ref> and Jewish property first stolen by the Nazis and then nationalized by Polish (Communist) authorities is estimated to be valued in billions of dollars.<ref name="JTA20190125"/> Restitution of Jewish property in Poland would also potentially set a legal precedent for other groups in Poland whose property was nationalized, namely the nobility and churches.<ref name="JTA20190125"/> Most of the property seized and [[nationalization in Poland|nationalized by the communists after the war]], including [[Bierut Decree|most of the properties]] in the Polish capital of [[Warsaw]],<ref name="BazylerBoyd2019">{{cite book|url=https://books.google.com/books?id=D9F2DwAAQBAJ&pg=PA327|title=Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution|author1=Michael J. Bazyler|author2=Kathryn Lee Boyd|author3=Kristen L. Nelson|publisher=Oxford University Press|year=2019|isbn=978-0-19-092306-8|pages=327–328}}</ref> belonged to non-Jewish Poles and estimates of Jewish claims are only between 15 to 20 percent of all potential claims.{{according to whom|date=May 2019}} The nationalization laws didn't use any national criteria in regards to the property taken over.<ref name="AP20180510"/><ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref><ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html]Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej</ref>{{clarify|reason=We have academic sources stating the term "abandoned property" was synonymous with "Jewish property", so this claim is misleading.|date=May 2019}} While some claimants were able to recover property in post-communist Poland,<ref name="BazylerBoyd2019"/> the process in Poland is filled with "fraud and sense of injustice".<ref name="AP20180510"/> In some cases this process have been proven to be highly contentious and controversial, opening the doors to fraud and corruption which exploited the loopholes in the imperfect laws regarding reprivatisation.<ref name="news1">{{Cite web|url=https://www.ft.com/content/3f1f6972-430c-11e8-93cf-67ac3a6482fd|title=Poland’s reclaimed properties create scars across Warsaw|last=|first=|date=24 April 2018|website=Financial Times|language=en-GB|archive-url=|archive-date=|dead-url=|access-date=2018-12-11}}</ref><ref name="news2">{{Cite news|url=https://www.theguardian.com/cities/2017/dec/18/stole-city-soul-warsaw-reprivatisation-chaos|title='They stole the soul of the city': how Warsaw's reprivatisation is causing chaos|last=Davies|first=Christian|date=2017-12-18|work=The Guardian|access-date=2018-12-11|language=en-GB|issn=0261-3077}}</ref> In Warsaw specifically, the situation is further complicated by the [[Destruction of Warsaw]] during the [[Warsaw Uprising]], 90% of buildings have been demolished by German troops. The post-war [[Bierut Decree]] transferred all land in Warsaw to the municipality; While in theory owners could have claimed compensation, in practice these claims were refused or ignored.<ref>[https://www.theguardian.com/cities/2017/dec/18/stole-city-soul-warsaw-reprivatisation-chaos ‘They stole the soul of the city’: how Warsaw's reprivatisation is causing chaos], Guardian, 18 December 2017</ref> |
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== Provisions == |
== Provisions == |
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===Heirless property === |
===Heirless property === |
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⚫ | In addition to the above, the bill contains provision calling for restitution of property even if the owners died without leaving any descendants, the so called ''heirless property'' which under international law is considered rightfully the property of the state of the deceased individual. This provision has been criticized and became subject of controversy.<ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref> According to Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic.Likewise giving preference to one ethnic group would be a case of racial discrimination according to Jurasz.<ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref> Polish diplomat [[Ryszard Schnepf]] categorically rejected the idea of paying any compensation for "heirless property" and different treatment of groups based on their ethnicity or religion.<ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref> |
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The Polish government is strongly opposed to compensation for so called heirless property, as this would imply, in their view, Polish responsibility for the Holocaust.<ref>[https://www.jpost.com/Israel-News/Poland-cancels-visit-by-Israeli-officials-to-discuss-property-restitution-589532 Poland cancels visit by Israeli officials to discuss property restitution], JPost, Jack Evans, Jeremy Sharon, 14 May 2019</ref> |
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⚫ | [[Wladyslaw Bartoszewski]] who headed the Polish delegation to Terezin conference, did sign the final political declaration, but declared that there can be no talk of restitution of property in cases of heirless property.<ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref>. |
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⚫ | |||
⚫ | [[Wladyslaw Bartoszewski]] |
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==Criticism== |
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Doctor Adam Sandauer, a Polish-Jewish social activist, criticized the idea of claiming compensation from Poland and selective treatment of claims based on ethnic criteria, stating a question arises if the claims should be paid for by German state who murdered original owners rather than Polish state who took over heirless property after the war if the owners perished,as per law.According to Sandauer a global solution based on compromise and compromise need to be enecated that will treat all ethnic groups equally (Jews, Poles, Ukrainians, Armenians, or Serbs and Croats), not just one nation.<ref>[https://www.rp.pl/Nieruchomosci/302049966-Opinia-organizacji-zydowskich-na-temat-ustawy-reprywatyzacyjnej.html] Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej </ref> |
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⚫ | This provision has been criticized and became subject of controversy.<ref>Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[https://wiadomosci.onet.pl/tylko-w-onecie/witold-jurasz-ustawa-447-czyli-miedzy-panika-a-chowaniem-glowy-w-piasek/8mp1kz7] Onet.pl 16.05.19</ref> According to Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic. |
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⚫ | |||
=== Polish opposition and protests=== |
=== Polish opposition and protests=== |
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In March 2018, 59 US Senators sent a bipartisan letter to Polish Prime Minister [[Mateusz Morawiecki]], stating that draft legislation (published on 20 October 2017,<ref>[http://sunshinestatenews.com/story/marco-rubio-tammy-baldwin-want-poland-do-more-holocaust-survivors Marco Rubio, Tammy Baldwin Want Poland to Do More for Holocaust Survivors], Sunshine State News, Kevin Derby, 27 March 2018</ref>) in Poland would discriminate against Holocaust survivors in the United States. The proposed Polish bill would require claimants to reside in Poland as Polish citizens, and would exclude heirs that are not "first-line heirs".<ref>[https://www.jta.org/2018/03/26/global/59-us-senators-protest-restitution-bill-in-poland 59 US senators protest Holocaust restitution bill in Poland], JTA, 26 March 2018</ref> The Polish bill was subsequently withdrawn.<ref name="JTA20190125">[https://www.jta.org/2019/01/25/global/lily-widner-97-survived-the-holocaust-and-much-more-why-does-poland-say-shes-dead Lily Widner, 97, survived the Holocaust and much more. Why does Poland say she’s dead?], JTA, 25 January 2019</ref> |
In March 2018, 59 US Senators sent a bipartisan letter to Polish Prime Minister [[Mateusz Morawiecki]], stating that draft legislation (published on 20 October 2017,<ref>[http://sunshinestatenews.com/story/marco-rubio-tammy-baldwin-want-poland-do-more-holocaust-survivors Marco Rubio, Tammy Baldwin Want Poland to Do More for Holocaust Survivors], Sunshine State News, Kevin Derby, 27 March 2018</ref>) in Poland would discriminate against Holocaust survivors in the United States. The proposed Polish bill would require claimants to reside in Poland as Polish citizens, and would exclude heirs that are not "first-line heirs".<ref>[https://www.jta.org/2018/03/26/global/59-us-senators-protest-restitution-bill-in-poland 59 US senators protest Holocaust restitution bill in Poland], JTA, 26 March 2018</ref> The Polish bill was subsequently withdrawn.<ref name="JTA20190125">[https://www.jta.org/2019/01/25/global/lily-widner-97-survived-the-holocaust-and-much-more-why-does-poland-say-shes-dead Lily Widner, 97, survived the Holocaust and much more. Why does Poland say she’s dead?], JTA, 25 January 2019</ref> |
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On 11th May 2019, thousands of far-right Polish nationalists<ref name="LAT20190514"/><ref name="France24_20190511"/><ref name="DW20190511"/><ref name="AP20190511"/> marched to the [[Embassy of the United States, Warsaw|United States Embassy in Warsaw]] protesting the JUST act. Protesters said that "Americans only think about Jewish and not Polish interests", that "this is Poland, not ''Polin''" (the Hebrew name for Poland), and some wore shirts reading "death to the enemies of the fatherland" and "I will not apologize for [[Jedwabne pogrom|Jedwabne]]".<ref name="LAT20190514">{{Cite news |url=https://www.latimes.com/world/la-fg-poland-nationalists-holocaust-20190511-story.html |title=Polish nationalists march to U.S. Embassy in Warsaw to protest Holocaust claims |last=Press |first=Associated |access-date=2019-05-14}}</ref> Many of the protesters stated that as Poland was [[World War II casualties of Poland|was one of the most devastated countries]] in the [[aftermath of World War II]] "it is not fair to ask Poland to compensate Jewish victims when Poland has never received adequate compensation from Germany." Some protesters had signs on what they claim are "U.S. double standards", suggesting that US should return land stolen from the Native Americans. According to sociologist [[Rafal Pankowski]], this was "probably the biggest openly anti-Jewish street demonstration in Europe in recent years."<ref name="AP20190511">[https://www.apnews.com/7d28606f191b4871b6521fef62587c24 Polish nationalists protest US over Holocaust claims], AP, Vanessa Gera, 12 May 2019</ref><ref name="DW20190511">[https://www.dw.com/en/polish-far-right-protests-us-law-on-world-war-ii-jewish-assets/a-48702556 Polish far-right protests US law on World War II Jewish assets], Deutsche Welle, 11 May 2019</ref><ref name="France24_20190511">[https://www.france24.com/en/20190511-poland-nationalists-protest-usa-holocaust-far-right-anti-semitism Polish nationalists protest against US over Holocaust claims], France24, 11 May 2019</ref> |
On 11th May 2019, thousands of far-right Polish nationalists<ref name="LAT20190514"/><ref name="France24_20190511"/><ref name="DW20190511"/><ref name="AP20190511"/> marched to the [[Embassy of the United States, Warsaw|United States Embassy in Warsaw]] protesting the JUST act. Protesters said that "Americans only think about Jewish and not Polish interests", that "this is Poland, not ''Polin''" (the Hebrew name for Poland), and some wore shirts reading "death to the enemies of the fatherland" and "I will not apologize for [[Jedwabne pogrom|Jedwabne]]".<ref name="LAT20190514">{{Cite news |url=https://www.latimes.com/world/la-fg-poland-nationalists-holocaust-20190511-story.html |title=Polish nationalists march to U.S. Embassy in Warsaw to protest Holocaust claims |last=Press |first=Associated |access-date=2019-05-14}}</ref> Many of the protesters stated that as Poland was [[World War II casualties of Poland|was one of the most devastated countries]] in the [[aftermath of World War II]] "it is not fair to ask Poland to compensate Jewish victims when Poland has never received adequate compensation from Germany." Some protesters had signs on what they claim are "U.S. double standards", suggesting that US should return land stolen from the Native Americans. According to sociologist [[Rafal Pankowski]], this was "probably the biggest openly anti-Jewish street demonstration in Europe in recent years."<ref name="AP20190511">[https://www.apnews.com/7d28606f191b4871b6521fef62587c24 Polish nationalists protest US over Holocaust claims], AP, Vanessa Gera, 12 May 2019</ref><ref name="DW20190511">[https://www.dw.com/en/polish-far-right-protests-us-law-on-world-war-ii-jewish-assets/a-48702556 Polish far-right protests US law on World War II Jewish assets], Deutsche Welle, 11 May 2019</ref><ref name="France24_20190511">[https://www.france24.com/en/20190511-poland-nationalists-protest-usa-holocaust-far-right-anti-semitism Polish nationalists protest against US over Holocaust claims], France24, 11 May 2019</ref> |
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On 19 May 2019, Polish Prime Minister Mateusz Morawiecki speaking at a rally in [[Łódź]] stated that Poland would never consent to pay compensation for Jewish properties, as such compensation would be a "victory for Hitler".<ref>[https://www.timesofisrael.com/polish-pm-paying-holocaust-property-restitution-would-be-victory-for-hitler/ Polish PM: Paying Holocaust property restitution would be ‘victory for Hitler’], Times of Israel, 20 May 2019</ref><ref>[https://www.jpost.com/Israel-News/Polish-prime-minister-equates-returning-Jewish-property-to-Nazi-victory-590112 POLISH PM: RESTITUTION TO JEWS AKIN TO POSTHUMOUS NAZI VICTORY], JPost, 20 May 2019</ref> |
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== References == |
== References == |
Revision as of 01:25, 21 May 2019
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Long title | An Act to require reporting on acts of certain foreign countries on Holocaust era assets and related issues. |
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Enacted by | the 115th United States Congress |
Effective | 9 May 2018 |
Citations | |
Public law | Pub. L. 115–171 (text) (PDF) |
Legislative history | |
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The Justice for Uncompensated Survivors Today (JUST) Act of 2017 (Pub. L. 115–171 (text) (PDF),S. 447 (and identical H.R. 1226)) requires the State Department to report to congress on steps that 47 countries in Europe, signatories of the 2009 non-binding political Terezin Declaration, have taken to compensate Holocaust survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.[1][2]
The bill does not provide the US with any enforcement power, only requiring reporting to Congress.
Background
The Terezin Declaration from 2009, to which 47 countries are signatories,[2] states that protection of property rights is part of the rule of law and an essential feature of democratic societies. The declaration recognizes the importance of property restitution or compensation in regards to property confiscated ruing the Holocaust era between 1933 and 1945.[3] According to Tammy Baldwin and Marco Rubio, the Senate sponsors of the bill, while several countries have endorsed the declaration they have not actually implemented the required restitution.[3] In addition to restitution to survivors and heirs, the Terezin Declaration states that heirless property (which devolved to the state) should be used for the benefit of needy Holocaust survivors, commemoration, and Holocaust education.[4]
Poland
While the bill does not single out any particular country, the Polish government sees itself as the target of the law.[1] After the war ended, the communist government in Poland in rush to rebuild the German destroyed country enacted a wide program of nationalization, taking over large amounts of property, both Polish and Jewish owned.[5] In the years 1948-1971 People's Republic of Poland signed treaties with 14 other countries housing former property owners, and paying equivalent of today's 1,2 billion zlotys[6][better source needed] In 1960 a treaty signed between People's Republic of Poland and United States stated that all compensation claims in US need to be directed to the US government, as Poland paid 40 million dollars (in 1960 value) to US authorities, settling over 10,169 claims, with over 5,022 claim awards, with $100,737,681.63 in the principal amount, plus interest in the amount of $51,051,825.01, with the amount of payment being 33% of principal.[7][non-primary source needed][8][better source needed] However as of late 2018, Poland still had no single, unified law regarding reprivatisation, and the process has been slow and based on a patchwork of several smaller, limited laws.[9][better source needed] As of 2018 22,000 individuals received compensation.[10][clarification needed] In April 2018, former Polish Prime Minister Leszek Miller publicly stated that all property claims by individuals that are US citizens have been settled by the agreement signed between USA and Poland on 16 July 1960[11]
Poland had a pre-war Jewish population of over 3.3 million, with only 369,000 surviving the war,[12] and Jewish property first stolen by the Nazis and then nationalized by Polish (Communist) authorities is estimated to be valued in billions of dollars.[13] Restitution of Jewish property in Poland would also potentially set a legal precedent for other groups in Poland whose property was nationalized, namely the nobility and churches.[13] Most of the property seized and nationalized by the communists after the war, including most of the properties in the Polish capital of Warsaw,[14] belonged to non-Jewish Poles and estimates of Jewish claims are only between 15 to 20 percent of all potential claims.[according to whom?] The nationalization laws didn't use any national criteria in regards to the property taken over.[1][15][16][clarification needed] While some claimants were able to recover property in post-communist Poland,[14] the process in Poland is filled with "fraud and sense of injustice".[1] In some cases this process have been proven to be highly contentious and controversial, opening the doors to fraud and corruption which exploited the loopholes in the imperfect laws regarding reprivatisation.[17][18] In Warsaw specifically, the situation is further complicated by the Destruction of Warsaw during the Warsaw Uprising, 90% of buildings have been demolished by German troops. The post-war Bierut Decree transferred all land in Warsaw to the municipality; While in theory owners could have claimed compensation, in practice these claims were refused or ignored.[19]
Provisions
The bill requires the State Department to report to congress on steps that 47 countries in Europe, signatories of the 2009 Terezin Declaration, have taken to compensate Holocaust survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.[1][2] Additional reporting requirements are specified on restitution to Holocaust survivors who are US citizens or their relatives.[20]
Heirless property
In addition to the above, the bill contains provision calling for restitution of property even if the owners died without leaving any descendants, the so called heirless property which under international law is considered rightfully the property of the state of the deceased individual. This provision has been criticized and became subject of controversy.[21] According to Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic.Likewise giving preference to one ethnic group would be a case of racial discrimination according to Jurasz.[22] Polish diplomat Ryszard Schnepf categorically rejected the idea of paying any compensation for "heirless property" and different treatment of groups based on their ethnicity or religion.[23] The Polish government is strongly opposed to compensation for so called heirless property, as this would imply, in their view, Polish responsibility for the Holocaust.[24] Wladyslaw Bartoszewski who headed the Polish delegation to Terezin conference, did sign the final political declaration, but declared that there can be no talk of restitution of property in cases of heirless property.[25].
Implementation and reaction timeline
Criticism
Doctor Adam Sandauer, a Polish-Jewish social activist, criticized the idea of claiming compensation from Poland and selective treatment of claims based on ethnic criteria, stating a question arises if the claims should be paid for by German state who murdered original owners rather than Polish state who took over heirless property after the war if the owners perished,as per law.According to Sandauer a global solution based on compromise and compromise need to be enecated that will treat all ethnic groups equally (Jews, Poles, Ukrainians, Armenians, or Serbs and Croats), not just one nation.[26]
Polish opposition and protests
In March 2018, 59 US Senators sent a bipartisan letter to Polish Prime Minister Mateusz Morawiecki, stating that draft legislation (published on 20 October 2017,[27]) in Poland would discriminate against Holocaust survivors in the United States. The proposed Polish bill would require claimants to reside in Poland as Polish citizens, and would exclude heirs that are not "first-line heirs".[28] The Polish bill was subsequently withdrawn.[13]
On 25th April 2018, a protest led by the far-right National Movement's president Robert Winnicki was held in front of the US embassy in Warsaw, Winnicki saying that "The Jews will not get a penny from us".[29] A Polish-American group, including Richard Widerynski who is the former president of the Polish American Congress of Southern California lobbied against law, saying on their website that demands for restitution are "illegitimate extortion attempts".[30]
In February 2019, US Secretary of State Mike Pompeo, on his first official visit to Poland said: "I urge my Polish colleagues to move forward with comprehensive private property restitution legislation for those who lost property during the Holocaust era".[31] Following Pompeo's call, the issue became an electoral issue for far-right groups campaigning in Poland for the European Parliament election.[32] Robert Bakiewicz of the National Radical Camp stated the law was a threat to Poland and involves 300 billion dollars worth of real estate.[32][33] Anti-establishment party Kukiz'15 and an ultra-nationalist coalition established for the EU elections floated bills that would state formally that Poland refuses to compensate for heirless property.[33]
On 31 March 2019 hundreds of Polish-Americans[34] protested in Foley Square in New York, Chicago, Los Angeles, Hartford, Philadelphia, Boston, and elsewhere in the USA against the restitution bills, with signs like Poland was not the aggressor, it was a victim", "Poland should receive compensaton, not give it", “Treat anti-Polonism like antisemitism” and 'Stop slandering Poland in the media'. The organizers of the protest included Polish-American organizations such as the Committee to Protect the Katyn Monument and Other Historical Objects (New Jersey); the Polish American Strategic Initiative; Związek Żołnierzy Narodowych Sił Zbrojnych (Chicago); the Polish Heritage Council of North America Inc. (New York); and the Polish American Congress of Southern California (California). [35] The Polish American Congress, the biggest Polish-American organization, officially distanced itself from the protests, which they discouraged in the first place, noting that they may damage Polish-American relations. PAC also issued a warning that "It does not require a soothsayer to predict that the mass media will write: On March 31, 2019, Polish Americans took to the streets to deny elderly Holocaust survivors compensation for their property."[36] According to the accounts of activists in a counterprotest, who described the anti-bill protesters as "Polish nationalists", some of the protesters carried antisemitic signs such as referencing the Holocaust Industry or the Jewish greed stereotype, and some engaged in Holocaust denial rhetoric.[37][38][39][35] Simon Wiesenthal Center called on the Polish government to condemn the rally.[40] According to historian Jonathan Brent, the protests "were not routine political gatherings but demonstrations aimed at rewriting the history of the Holocaust that featured open displays of anti-Semitism in major American cities".[41] According to historian Matthew Lenoe, "the event was the latest attempt to erase complex or negative aspects of Polish history" in a similar fashion to the 2018 Polish Holocaust law, and raises "disturbing questions about a resurgence of anti-Semitism in Eastern Europe".[42]
On 4th May 2019, Polish Prime Minister Mateusz Morawiecki rejected the possibility his government would pay compensation as "We were the most murdered victims here during the Second World War and we will never agree to any payments for anyone for this reason, any compensation".[43][32] On 8th May 2019, U.S. State Department envoy on anti-Semitism, Elan Carr, urged Polish media and leadership to fulfill their 2009 Terezín commitment,[44] and said that the US legislation only requires Poland to report on compliance.[45]
On 11th May 2019, thousands of far-right Polish nationalists[46][47][45][44] marched to the United States Embassy in Warsaw protesting the JUST act. Protesters said that "Americans only think about Jewish and not Polish interests", that "this is Poland, not Polin" (the Hebrew name for Poland), and some wore shirts reading "death to the enemies of the fatherland" and "I will not apologize for Jedwabne".[46] Many of the protesters stated that as Poland was was one of the most devastated countries in the aftermath of World War II "it is not fair to ask Poland to compensate Jewish victims when Poland has never received adequate compensation from Germany." Some protesters had signs on what they claim are "U.S. double standards", suggesting that US should return land stolen from the Native Americans. According to sociologist Rafal Pankowski, this was "probably the biggest openly anti-Jewish street demonstration in Europe in recent years."[44][45][47]
References
- ^ a b c d e Trump signs Holocaust property law that has angered Poland, AP (TOI reprint), 10 May 2018
- ^ a b c Trumps Signs Act Strengthening Holocaust Restitution Efforts, 10 May 2018, Jerusalem Post
- ^ a b Senate committee advances restitution bill for Holocaust survivors, JTA, 6 December 2017
- ^ Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution, By Michael J. Bazyler, Kathryn Lee Boyd, Kristen L. Nelson, Oxford University Press, 2019, pages xxxiii-xxxvi
- ^ [1]Polish nationalists protest at law on restitution of Jewish property 12.05.19
- ^ [2]Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej
- ^ [3]United States Department of Justice, Foreign Claims Settlement Commission of the U.S. Completed Programs - Poland
- ^ [4]Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej
- ^ ""PiS nie może mówić, że afera reprywatyzacyjna to nie my"". TVN24.pl. Retrieved 7 January 2019.
- ^ [5]Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej
- ^ [6] Burza wokół ustawy 447. Leszek Miller przypomina o umowie z USA Wprost 25.04.18
- ^ "Poland Virtual Jewish History Tour". Retrieved 11 May 2019.
- ^ a b c Lily Widner, 97, survived the Holocaust and much more. Why does Poland say she’s dead?, JTA, 25 January 2019
- ^ a b Michael J. Bazyler; Kathryn Lee Boyd; Kristen L. Nelson (2019). Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution. Oxford University Press. pp. 327–328. ISBN 978-0-19-092306-8.
- ^ Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[7] Onet.pl 16.05.19
- ^ [8]Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej
- ^ "Poland's reclaimed properties create scars across Warsaw". Financial Times. 24 April 2018. Retrieved 11 December 2018.
{{cite web}}
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(help) - ^ Davies, Christian (18 December 2017). "'They stole the soul of the city': how Warsaw's reprivatisation is causing chaos". The Guardian. ISSN 0261-3077. Retrieved 11 December 2018.
- ^ ‘They stole the soul of the city’: how Warsaw's reprivatisation is causing chaos, Guardian, 18 December 2017
- ^ House passes bill to help Holocaust survivors obtain restitution, seized assets, JTA (TOI reprint), 25 April 2018
- ^ Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[9] Onet.pl 16.05.19
- ^ Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[10] Onet.pl 16.05.19
- ^ Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[11] Onet.pl 16.05.19
- ^ Poland cancels visit by Israeli officials to discuss property restitution, JPost, Jack Evans, Jeremy Sharon, 14 May 2019
- ^ Witold Jurasz:Ustawa 447, czy miedzy panika a chowaniem glowy w piasek[12] Onet.pl 16.05.19
- ^ [13] Rzeczpospolita 04.02.2018 Opinia organizacji żydowskich na temat ustawy reprywatyzacyjnej
- ^ Marco Rubio, Tammy Baldwin Want Poland to Do More for Holocaust Survivors, Sunshine State News, Kevin Derby, 27 March 2018
- ^ 59 US senators protest Holocaust restitution bill in Poland, JTA, 26 March 2018
- ^ Polish nationalists protest outside US Embassy against Holocaust restitution, JTA (TOI reprint), 26 April 2018
- ^ Trump signs law to help Holocaust victims reclaim lost property, JTA, 10 May 2018
- ^ Pompeo in Poland urges country to pass Holocaust restitution-legislation, JPost, 14 February 2019
- ^ a b c Polish Far-Right Protests Against Jewish Property Restitution, Bloomberg, Marek Strzelecki and Konrad Krasuski, 11 May 2019
- ^ a b Polish far-right protests US law on Jewish restitution, AFP, 11 May 2019
- ^ "Pisarka opisała protest Polonii w USA. "Nigdy nie spotkałam się z takim antysemityzmem"". gazetapl.
- ^ a b The War Between Polish Nationalism and Holocaust History, Tablet, 12 April 2019
- ^ "POLISH AMERICAN CONGRESS (PAC) STATEMENT IN OPPOSITION TO THE DEMONSTRATIONS OF 31 MARCH 2019 TO PROTEST PUBLIC LAW NO. 115-171 – Polish American Congress".
- ^ Polish Nationalists Protest Holocaust Restitution Bill in N.Y.C. Using anti-Semitic Rhetoric, Haaretz (JTA), 3 April 2018
- ^ NATIONALIST PROTESTERS TAKE OVER NEW YORK SQUARE AS POLISH ANTI-SEMITIC DEBATE SPREADS TO U.S., Newsweek, 1 April 2019
- ^ Protesters carry antisemitic signs at anti-Holocaust law demonstration in New York, Jewish Chronicle, 2 April 2019
- ^ SWC Calls on Polish Government to Condemn Anti-Semitic Rally in New York, Simon Wiesenthal Center, 4 April 2019
- ^ The war between Polish nationalism and Holocaust history, Tablet, 12 April 2019
- ^ It’s time to do away with laws enforcing triumphal national histories, Matthew Lenoe, 17 April 2019
- ^ Poland Won’t Pay WWII Compensation Because Poles Were Greatest Victims, PM Says, Haaretz, JTA and Katarzyna Markusz, 7 May 2019
- ^ a b c Polish nationalists protest US over Holocaust claims, AP, Vanessa Gera, 12 May 2019
- ^ a b c Polish far-right protests US law on World War II Jewish assets, Deutsche Welle, 11 May 2019
- ^ a b Press, Associated. "Polish nationalists march to U.S. Embassy in Warsaw to protest Holocaust claims". Retrieved 14 May 2019.
- ^ a b Polish nationalists protest against US over Holocaust claims, France24, 11 May 2019