Actualiteiten Petities Symposium
 
   
 

Recollection, Responsibility and Future

 

- Germany’s coming to terms with the historical injustice of National Socialism the and the tasks of the Foundation “Remembrance, Responsibility and Future” -

 

by Günter Saathoff, Member of the Board of Directors of the Foundation “Remembrance, Responsibility and Future”

 

 

Preliminary remarks:

The crimes committed under National Socialism are well nigh impossible for us to grasp today. The most egregious of these include

- the murder of six million European Jews and almost 500,000 Sinti and Roma,

 - the compulsory sterilisation of over 400,000 people who were considered “inferior”, many of whom subsequently fell victim to the euthanasia programme,

- the invasion of countries in Central and Eastern Europe, and thus

- the responsibility for a war of conquest that culminated in the deaths of 60 million people in World War II, and

- the deportation of more than 12 million people from their home countries to Germany, where they were forced to work, often under desperate conditions, in public sector institutions and private enterprises. 

 

In order to enable people in other countries to grasp the long and difficult political and social process that Germany has embarked on in recent decades in its efforts to come to terms with historical injustice, it is helpful to “visualise” this process, or in other words to hold up a mirror.

 

Through the crimes of the National Socialist regime, Germany effectively excluded itself from the “family of civilised states”. When the dignity of the country was at issue, the German nation and the German population after 1945 could no longer “look into the mirror” of human civilisation. Indeed, this was all the more difficult as National Socialism in the political sense did not “fall from the heavens” and was not imposed on the Germans; the National Socialists came to power through the very agency of the German population. After 1945 the questions Germany had to answer when it looked in the mirror of its crimes, were: What did we do? Can we ever make amends? Who was guilty of all these crimes? And: What do we owe the victims, keep remembrance and create a new future on the Motto “Never again” ?

 

Another important fact: Germany was not capable of liberating itself from the scourge of the National Socialist regime by itself. As the opposition had been imprisoned and partly liquidated during the National Socialist era, the country did not have the strength to do this on its own. The country was liberated by the opposing forces – the victors. And this initially bore consequences for the willingness and ability to come to terms with historical injustice.

 

 

 

I am not speaking here as an official representative of Germany or of the German government, as someone who is responsible for explaining in all dimensions the official version of German political history. I would like to mention at this juncture that for many years I have criticised our government, the governing parliamentary fractions in the German Bundestag and German industry for failing to act or to act with sufficient conviction on their obligation. This obligation rooted in history and a “moral impetus” that had to be met if we were to be able to look into the “mirror of civilisation” again. I am speaking to you as an academic and a chronicler and, in the second part of my speech, in my official capacity as Member of the Board of Directors of a German foundation that has an important role to play in our coming to terms with National Socialist injustice and in making compensation. You will however see that there have been many positive developments in this field in Germany in recent decades.

 

In order to gain an understanding of the current status of this facing-up process, I would like to outline the developments of the last decades by drawing on a number of arguments, and then – with the help of a few statistics - illustrate Germany’s efforts to compensate the victims of National Socialism before going on to present the special contribution made by our Foundation on this theme.

 

1st statement: Dealing with Nazi history in Germany took place in waves/phases in response to various political influences.

 

Let us remember that the Nuremberg War Crimes Trials in 1945/46 (like those in Tokyo in 1946-48) came about as a result of the fact that the German Reich was liberated and occupied by the Allies. Germany did not liberate itself from the Nazi regime out of its own conviction or by itself. Therefore, the extent and subject of its historical coming to terms with Nazi injustice in the post-war period was largely influenced by foreign countries.  For example, the United States government had already insisted in what was then its zone of occupation that the Länder and later the Federal Republic of Germany should pass laws to compensate victims of the Nazis.

 

Conversely, from the end of the forties onwards, the will to persistently come to terms with the injustice, for example by prosecuting Nazi criminals, was already abating significantly because the USA needed the Federal Republic of Germany as an ally in the cold war. If they could be taken into service for the new state, Nazi war criminals were not consistently prosecuted in the GDR either. The Soviet Union allowed the GDR to refrain from taking over any historical responsibility for Nazi injustice towards foreign countries, and particularly to refrain from taking responsibility for the victims. In the GDR, it was claimed without further ado that its population were the “better Germans” who had had nothing to do with National Socialism.

 

 

2nd statement: The process of coming to terms with injustice has developed over the decades up to the present day in that it has detached itself more and more from the self-justification of perpetrators and hangers-on to be replaced by academic and political debates outside the generation that experienced the events in question.

 

The prototypical course of an initially prevented process of coming to terms with crimes against humanity, not only with Nazi injustice, appears to lie in either denying, relativising or justifying one’s own actions, identifying oneself as not having been responsible in a chain of command or even redefining oneself as a victim. This is sociologically understandable, but in no way justifiable. It is understandable that this approach is typical of a generation consisting of perpetrators, accomplices and hangers-on who experienced the events in question.  The victims spoil this pretty picture, of course, chief witnesses, so to speak, against this “self-assurance of non-responsibility”.

In the context of the cold war and the need to reconstruct the German economy, it was easier for the war generation to conserve the politics of denial in the public consciousness over a period of nearly 20 years than to face up to coming to terms with the past. The cold war made this conservation easier, partly because it reinforced structures based on concepts of the enemy. This involved justifying crimes by reference to the other party’s crimes, crimes of Nazi regime and the Soviet Union’s Stalinist regime.

 

3rd statement: After the war, it was easier for German society to see itself principally from the point of view of the victim and only to grieve for its own war victims. However, the cultural achievement of coming to terms with injustice and suffering should be measured primarily against the yardstick of the extent to which this coming to terms discusses one’s own guilt, responsibility and complicity and sees the victims of the other parties. 

 

4th statement: At first, it was mainly the perpetrators who were the focus of public discussion in coming to terms with the past. Only much later did attention turn to the victims.

 

At the end of the sixties, the generational conflict of the perpetrators’ children with their parents promoted the public discussion in West Germany on the conduct of their parents in the Third Reich. It was only with increasing distance in time from the reality of the crimes that German society gradually found the strength to “look the horror in the eye”. Thus, socially, this debate was initially cloaked in the discourse of the self-definition of the children’s generation and their disassociation from their parents’ generation.  It became more differentiated only later. From the eighties onwards, the debate took an increasingly holistic approach to coming to terms with genocide and crimes against humanity, where the most important dimensions may be identified as the criminal prosecution of the perpetrators, a turning towards the victims and their claims for restitution and compensation and (self-)clarification by society of the causes and social dynamics of complicity. Also, these debates within society were no longer mainly under the political influence of former victorious powers. They were rather autonomous debates by German society on coming to terms with the past and were for the most part held by the “second and third generation”.

 

5th statement: The arduous process of coming to terms with the past after 1945, also in the political context of the cold war, also meant that not all Nazi injustice was recognised as injustice by the state, and thus also that by no means all groups of victims of the Nazi regime and of the German conquests were present in the Germans’ social consciousness. This, often coupled with a lack of political will, had direct effects on compensation policy.

 

Even if one wanted to take into account that the young Federal Republic of Germany after 1945 could not within a brief period assume complete material responsibility from its current resources alone for all crimes committed by the Nazi regime i.e. particularly financial indemnification, even if it had been uncertain what the Soviet Union and its satellites, for example, would have done with German compensation payments for former forced labourers – it would probably have used these funds to fill up its treasuries – none of this justifies the decade-long exclusion of large groups of victims from the provisions for recognising and compensating victims of Nazi injustice, both within Germany and in particular abroad. In the fifties, political intervention from Western countries was necessary before Germany was prepared to take on material responsibility also for victims of the Nazis abroad. After long negotiations, eleven global agreements were concluded with Western countries. For example, at that time France received 400 Mio. D-Marks, The Netherlands 125 Mio. D-Marks or Greece 115 Mio. D-Marks for “their Nazi-Victims”.

This took place on account of political and financial considerations but did not take place vis-à-vis the Central and east European States (the “CEE countries”) during the cold war for precisely the same reasons. These countries with the most victims received in that time no money from Germany. Put the other way around, it was part of the ongoing awareness-raising process in German society, public opinion and politics to identify and recognise Nazi injustice in relation to the victims it persecuted and to examine the extent of material compensation. Some catchwords here are Willy Brandt’s symbolic kneeling down in Warsaw and in particular the various special agreements with Poland since the seventies, and later, especially in the nineties, with other CEE countries as well.

 

 

6th statement: The process of coming to terms with Nazi injustice in Germany was subject to a cultural and political maturation process, which even now is not yet over. From the international perspective, it underwent a historical break in 1989.

 

I have pointed to the significance of the “cold war” for Germany staving off claims from Central and Eastern European countries in connection with Nazi injustice. It is not surprising that with the disintegration of the Soviet sphere of control, and with it the overcoming of the cold war from 1989 onwards, these same claims could no longer be denied and dismissed. From 1989 onwards, for example, it was simply no longer tenable for a Federal German government under CDU/CSU leadership to disallow a civil government in Poland with strong Catholic support the right to demand an agreement comparable to its agreement with Western states for its victims of the Nazis.

 

 

7th statement: The process of coming to terms with GDR injustice was promoted by experience in coming to terms with Nazi crimes.

 

After 1989, the united Germany had to  take over the GDR’s “unsettled legacies” in a dual sense – for Nazi injustice and for the injustice of the regime of the Socialist Unity Party of Germany. In this process, the standards described above for elucidating Nazi injustice that were reached in West Germany after long and difficult public debates were used in the process of coming to terms with GDR injustice.  

 

For example, the establishment of the Office of the Federal Commissioner Preserving the Records of the Ministry for State Security of the German Democratic Republic (BStU), in which the files of the state security service were secured and made accessible to those affected, is the result of both civic commitment by the opposition and of the united German government’s political will.

 

 

 

8th statement:

 

Germany over five decades created several laws and financial solutions as “compensation” and “restitution” for the victims of the Nazi-regime. Here are the official numbers:

 

(Source: German Federal Ministry of Finance – Division V B 4; Explanations on p. 1: G. Saathoff)

 

 

 

 

Payments made by the German public sector in the area of restitution and compensation for National Socialist injustice (Status: 31 December 2007)

 

amounts in EUR billion

up to 2006

in 2007

     until 2007

Payments to date:

 

 

 

1. Bundesentschädigungsgesetz (BEG)[1] (Federal Indemnification Act)

44,962

0,394

45,356

2. Bundesrückerstattungsgesetz (BRüG) (Federal Restitution Act)

2,023

0,000

2,023

3. Entschädigungsrentengesetz (ERG)
(Federal compensation pensions act)

0,742

0,018

0,760

4. NS-Verfolgtenentschädigungsgesetz (NS-VEntschG) (Law on indemnification of victims of Nazism)

1,330

0,121

1,451

5. Israel agreement

1,764

0,000

1,764

6. Global agreements with other states
   (and similar arrangements)

1,460

0,000

1,460

7. Other Nazi-victims (Wapniarka victims, victims of human experimentation, victims in the Public services etc.)

4,709

0,161

4,870

8. Payments by the German Bundeslaender outside the BEG

1,566

0,037

1,603

9. Arrangements of the German Federal Government (excluding Bundeslaender) for hardship cases

3,033

0,238

3,271

10. German Federal Government to the Foundation “Remembrance, Responsibility and Future”[2]

2,556

0,000

2,556

TOTAL:

64,145

0,969

65,114

 

 

9th statement: The Foundation “Remembrance, Responsibility and Future” is a “modern answer” by Germany to the question of dealing with crimes against humanity.

The Foundation “Remembrance, Responsibility and Future” was a “modern answer” by Germany to the question of dealing with crimes against humanity, especially the forced work under the Nazi-regime, and to learn about history.

 

The Foundation was set up by law in 2000 as a result of three political dynamics. Firstly, a political will-formation process, which finally manifested itself in the Red-Green Federal Government Declaration in 1998 that it wished to establish “a Federal Foundation for former forced labourers with the involvement of German Companies”. Secondly, the growing pressure after 1989, particularly from Central European countries as well as from Jewish organisations, who raised the issue in particular of forced labour under the Nazis, which had been excluded over so many years from German compensation law. Finally, there were the legal proceedings brought in the USA against major German companies that used former forced labourers or had enriched themselves from victims of the Nazis.

 

The establishment of this Foundation, which at that time was funded with DM 10.1 billion – that is today 5.1 Billion Euro -, was “modern", because it contained certain elements that may be referred  as a more comprehensive “cultural achievement of coming to terms with the past”. I wish to specify just a few important aspects:

a) The creation of the Law brought in its wake a moralisation of politics which found its most visible expression in the public apology in December 1998 by the then Federal President Johannes Rau for the injustice Germany had inflicted on the forced labourers.

 

b) Representatives of the countries that suffered most under the Nazi regime and representatives of victim organisations also sit on the Foundation’s supervisory board.

 

c) In the international negotiations preceding the law, the major provisions were contractually determined – who is eligible for payment, the financial distribution key for the countries and the victims as individuals.

 

d) The claims were not received, processed, decided upon and met by a German office, but by international Partner Organisations that were for the most part determined by the governments of the former “victim countries”. Our Foundation only had the function of monitoring that the Partner Organisations were applying the Law correctly. As a result of this joint action, which was finished in 2007, more than 1.66 million forced labourers or their legal successors received payments amounting to EUR 4.37 billion.

 

e) The political approach did not concentrate on questions of “historical guilt” but on “responsibility for the victims”. That also enabled people and companies to be involved in the consensus to whom justice could not be done through accusations of guilt on account of their age alone. Conversely, avoiding “accusations of guilt” strengthened peoples’ willingness to take responsibility, to open themselves up to the perspective and suffering of the victims and to encounters with the victims.

 

f) With the conclusion of payments in 2007 the Foundation did not aim to regard its work as complete. On the contrary. A constitutive part of the Law is the establishment of a Fund which on the one hand keeps alive permanently the memory of the injustice inflicted and of its victims – and does so consciously from the perspective of dialogue. The Foundation continues to promote international projects that aim to learn lessons from history for our coexistence in Europe today, to promote international understanding and to protect human and minority rights.

 

g) The “Foundation solution“ allowed solutions to be found to complex and sensitive questions outside ongoing statutory amendments, for example in the relationships between Russia, Latvia and Lithuania, between Belarus and Estonia and between Ukraine and Moldova.

 

h) In connection with the payment categories it was achieved that the amounts of claims were no longer divided into “Jewish” and “non-Jewish” or “Western” and “Eastern”, but that every concentration camp victim or ghetto inmate, for example, regardless of whether he came from Poland, Ukraine, Germany or Israel, received the same amount of payment. In addition, the Partner Organisations were also given scope by the Foundation to determine certain payments in line with special national circumstances.

 

i) With the conclusion of payments, which has meanwhile taken place, the Foundation did not and does not aim to regard its work as complete. On the contrary. A constitutive part of the Law is the establishment of a Fund which on the one hand keeps alive permanently the memory of the injustice inflicted and of its victims – and does so consciously from the perspective of dialogue. Thus, our Foundation not only financed exhibitions on the subject of forced labour in several countries within the context of the 60th anniversary of the end of the war. It also has enabled these exhibitions to be shown in Germany, thereby initiating a dialogue of remembrance cultures.

 

Increasingly, however, the Foundation continues to promote international projects that aim to learn lessons from history for our coexistence in Europe today, to promote international understanding and to protect human and minority rights. Moreover, these include a number of programmes intended to promote dialogue on common experiences of dictatorships in the 20th century – allow me to mention the example of our “European History Workshop”. Our programmes for encounters with eye-witnesses are another example.

 

There is another important aspect, however. These funding projects by the Foundation also attempt in particular to rehabilitate the victims of forced labour who were denied victim status for so long, not only in Germany, but particularly in the Soviet Union, for example against the backdrop of the historical ideology of the “Great Patriotic War” where they were seen as “national traitors” and supposed collaborators with Germany. These people were the victims of two dictatorships. There are many taboos in this area, also in the Soviet Union’s successor states, particularly Russia and Belarus, and in other countries there are many taboos surrounding the complicated question of collaboration with the Nazi regime.

 

Thus, having successfully completed its main task, the Foundation also provides an organisational medium for processing complex and taboo-ridden historical questions.

 

Here is the total overview of all payment programs to victims by the foundation:

 

 

Ceiling applicable under the foundation act

Ceiling applicable including additional funds from interest accruing to the Foundation and from donations

Payments and Humanitarian Programs

Administrative costs

Total amount

 

 

 

(in Euro)

(in Euro)

(in Euro)

(in Euro)

(in Euro)

 

1.

Ceiling applicable to compensation for forced labour

4,141,464,237.70

4,535,465,029.68

4,368,144,919.17

167,320,110.51

4,535,465,029.68

 

2.

Ceiling applicable to compensation for other personal loss or injury

25,564,594.06

54,188,104.64

52,191,698.11

1,996,406.53

54,188,104.64

 

3.

Ceiling applicable to compensation for property loss

102,258,376.24

102,372,935.40

89,110,091.40

13,262,844.00

102,372,935.40

 

4.

Ceiling applicable to compensation for life insurance claims *

102,258,376.24

102,258,376.24

72,258,376.24

30,000,000.00

102,258,376.24

 

5.

Humanitarian Fonds - JCC*

141,116,559.21

141,116,559.21

141,116,559.21

 

141,116,559.21

 

6.

"Humanitarian and Social Programs"-Fonds (HSP)  for Sinti and Roma - IOM*

12,271,005.15

12,271,005.15

12,271,005.15

 

12,271,005.15

 

7.

Humanitarian Fond ICHEIC*

178,952,158.42

178,952,158.42

178,952,158.42

 

178,952,158.42

 

8.

Adminstrative costs of the foundation/ plaintiff attourney´s fees

102,258,376.24

102,258,376.24

 

102,258,376.24

102,258,376.24

 

 

Total available funds under the foundation act

4,806,143,683.26

5,228,882,544.98

4,914,044,807.70

314,837,737.28

5,228,882,544.98

 

 

 

 

 

 

 

 

*

No detailed information regarding administrative costs available

 

 

 

 

 

 

10th statement: The further funding activities of the foundation

 

The Foundation has a long-term mandate to support international projects that promote cooperation in a spirit of partnership between Germany and those countries subjected to particular suffering under National Socialism. From the revenues generated by the original Foundation capital of EUR 358 million, the Foundation provides around EUR 8 million each year primarily for international programmes and projects in the following three focus areas:

 

 

  • The Foundation supports projects that keep alive the memory and encourage young people to engage in a critical examination of the past.

  • It promotes international initiatives for understanding between peoples and human rights.

  • It organizes humanitarian assistance for the surviving victims of National Socialism in partner countries.

  • It supports projects that invite former forced labourers to visit Germany and encourages young people to explore the life histories of these persons.

  • It promotes active commitment to democracy and human rights while working to combat xenophobia, anti-Semitism and racism.

  • It encourages international volunteer work in social and cultural projects undertaken by young people from Germany, Central and Eastern Europe and Israel. Through their active involvement, the young volunteers become more aware of social issues and acquire a deeper understanding of the culture and history of the host country.

 

With these programs, the foundation underlines its further tasks to build bridges of remembrance and responsibility between the past and today’s challenges.

 

My explanations were intended to show what Germany has done and also in part to reveal the “internal rationale” behind its actions. I am not advocating that other countries with their own particular histories of injustice should tread just this path. Each country that bears responsibility for human rights violations has to find its own way of dealing with the claims and rights of the victims and of being able to cast an honest look into the mirror of history. But it is also true that neglecting or refusing to come to terms with injustice will impede reconciliation between societies and countries for generations to come and may sow the seeds of new conflicts. That is the background to encourage Nations like Japan and Korea to find deeper ways of truth, historical awareness and reconciliation about the past. And we all know, that there will be still a lot of work in the future, to discuss too in Europe the delicate reality of collaboration in several countries – by the governments or individuals - with the Nazi-Regime. This means the Netherlands as well as Austria, France with its Vichy-Regime, Croatia or the ambivalent role of the Baltic States, which were victims of the Soviet Union as well. Everywhere we need effort to confront us with painly truth to find ways to reconciliation and a better future.

 

 



[1] It is the express will of the Federal Government that the ongoing compensation payments awarded (such as health impairment pensions pursuant to BEG) are to be made to persecutes of the National Socialist regime until the end of their lives. Under many arrangements, such as those of the Federal Government and of many of the Laender for hardship cases, there was no provision in principle for making ongoing payments, but solely for one-off payments. This also applies to payments of the Foundation “Remembrance, Responsibility and Future”.

 

[2] The Foundation was established with total capital of EUR 5.1 billion, EUR 2.556 billion of which was contributed by the Federal Government (as shown in the table) and the remainder by the German Industry Foundation Initiative. Up to 2007 (statutory end of the payments procedure), the Foundation disbursed funding of over EUR 4.7 billion to around 1.7 million victims of National Socialism - primarily forced labourers - who were entitled to payments. Since then, it has operated as a permanent grant-giving foundation for international projects.