Vaclev Havel, the Czech President, conceded in a speech in March 1990 that the atrocities committed by the Germans during the war caused the expulsion of the Sudeten Germans based on the principle of collective guilt, thus punishing them in a manner which is contrary to their constitutional rights. "This was not punishment, it was revenge," he said.
Several years ago, a Committe consisting of Czechs and Germans negotiated the so-called "Declaration", which was signed and passed in 1997 by both legislatures. The purpose of the document was to come to grips with atrocities committed on both sides. It should be noted, however, that the Czechs were vehemently opposed to the presence of representatives of the Sudeten Germans. They objected to the representation of the only group with a right for compensation! It should therefore come as no surprise that the Declaration was, in our opinion, slanted in favor of the Czechs. For example, the word "Sudetenland" was not mentioned in this document, and instead of "expulsion" the term "transfer" was used, thus avoiding any admission of guilt by the Czechs and ignoring an historical fact which caused suffering to 3-1/2 million civilians.
Meanwhile, Germany set up several funds for victims of German oppression, including a fund for forced labor by Czechs between 1938-45.
It should be noted here, however, that while Vaclec Havel is a moderate, he may or may not represent to majority of the Czech population; this makes it difficult to arrive at a fair and just decision vis-a-vis the Sudeten Germans. The majority of the Czechs still believe we deserve what we got: the head of the Republican opposition party, for example, stated openly in 1997 his regrets not to have bludgeoned to death more Germans.
In March 1999, the Czech Republic, together with Poland and Hungary, became new members of NATO, to the great delight of our Secretary of State Madeleine Albright, who is a native of the CR.
Most recently, in April 1999, the European Parliament in Strassbourg called on the Czech Republic to repeal the Benes-Decrees in connection with the Czech Republic's application for admission to the European Union. President Havel responded that the Benes decrees constitute a permanent part of the Czech code of laws (constitution). The question of an entire or partial repeal has to be treated with "expertise and without emotion".
The Infamous Benes Decrees.
The Czech government also applied officially to become a member of the European Union. Before this can come about, however, the Czech public will have to come to grips with the so-called Benes decrees.The Czech government decreed in 1945, at the behest of then President Benes, that any crime committed against ethnic Germans will not be prosecuted by law. Thus, this carte blanche for crimes was given to anyone who hated Germans, allowing them to plunder their homes, to torture and to kill innocent civilians, without ever having to fear any reprisals. This law was tested and upheld in court in 1995.
The question arises: how can the Czech Republic become a member of the European Union when membership in that organization hinges on the adherence to
internationally accepted laws? The Benes decrees protected and is still protecting perpetrators against an ethnic minority, many of whom were criminals released from jails in 1945. No country should be allowed to become a member of the EU unless they denounce laws which are unacceptable to all other member states of the EU.
Regrettably, most German government officials at present are not helping the cause of the Sudeten Germans, stating that future relations between the CR and Germany should not be burdened by events that happened in the past. Cynics believe that Realpolitic and/or economic relationships may play an important role in the decision to ignore past atrocities committed in favor of future relationships between the two countries. We all remember the saying: "He who ignores history, is bound to repeat it."
With little help from the German government, the Sudeten Germans fear that they have not only been driven from their homeland, but also out of history. However, there is one bright spot which might save us from being doomed to oblivion: Resolution #562 which was passed by the U.S. House of Representatives on October 13, 1998. It urges "countries which have not already done so to return wrongfully
expropriated properties to their rightful owners or, when actual return is not possible, to pay prompt, just and effective compensation, in accordance with principles of justice...". The Resolution also calls on the CR and other Eastern European nations to
remove restrictions which limit restitution or compensation ...to persons who reside in or are citizens of the country...to remove such restrictions...".
(For full text, please see "Resolution").
Joschka Fischer, Minister iof the German
Department of State (Aussenminister) is reportedly
quoted in the Sueddeutsche Zeitung that the demands by
the German expellees for restitution of their lost properties are "absurd
." Mr. Fischer is reported to have made this statement in Poland recently,
and the Association of the Sudeten Germans asked Chancellor Schroeder for
a clarification of Mr. Fischer's statement. Another official
of the State Department, Mr. Verheugen, stated that the spirit and wording
of the Czech-German Declaration indicates that no restitution claims will
be submitted to the Czech Republic on behalf of the Sudeten Germans.
If the above statements are indeed
indicative of the official position of the German government, then
it would undermine the legal rights of the expellees, leaving them with
the only alternative of seeking legal remedy in the courts.
It should be pointed out here that
Germany has been inundated with compensation claims
for forced labor from a number of groups. At the same
time, two Benes-decrees, which are still
in effect today, merit attention as they ordered
forced labor of Sudeten German males between
the ages of 14-60 years, and females from 15-50 years
of age.
We believe that compensation claims
for forced labor should be treated equally by both countries. We are not
inclined to accept the notion that only Czechs be compensated for forced
labor, whereas Germans are denied the right for those
very same claims. There should be no
victims of first or second degree.
Sudeten Germans often had to work
16 hours a day in forced labor camps where housing,
food and clothing as well as their treatment by the Czechs
were discriminating.