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Resolution 1883 (2012) Final version
Jewish cemeteries
1. The Parliamentary Assembly recalls
the historical contribution made by Jewish communities to creating the
social, cultural and economic fabric of Europe and underlines the
importance of preserving the religious, historical and cultural
identity of Jewish communities.
2. The Assembly asserts the importance of freedom of religion
and religious expression and upholds the right to rest in peace,
interpreted as a specific aspect of the right to respect for private
and family life, guaranteed by Article 8 of the European Convention
on Human Rights (ETS No. 5). The Assembly considers that there is
a responsibility to protect human dignity in a broader sense by
ensuring that deceased persons are preserved in their place of burial
in a manner compatible with their religion.
3. Jewish cemeteries and mass graves (hereafter “burial sites”)
are part of Europe’s cultural heritage. The Council of Europe Framework
Convention on the Value of Cultural Heritage for Society (CETS No.
199, “Faro Convention”) establishes an important link between the
protection of fundamental rights and heritage protection and affirms
a “common European responsibility” towards cultural heritage, which
embraces not only the exceptional, but also the commonplace heritage
and the values attached to it.
4. The Jewish people’s tragic history led to the extermination,
exodus or resettlement of many local communities. While there are
often traces of former cemeteries in towns and villages that have
lost their Jewish populations, their preservation and protection
are under constant threat.
5. The Assembly notes that damage suffered by Jewish burial sites
in Europe is not confined to the desecration of graves, but is very
often the result of inadequate management, lack of funding, the
disregard of protective measures, inadequate town planning or the
misuse of property.
6. Moreover, the legal status of Jewish burial sites is complex,
given the variety of legal situations in which both these sites
and Jewish communities find themselves in different European countries.
It may also be the case, particularly in central and eastern Europe,
that a specific legal status has simply been disregarded or overlooked
following the important changes in the political systems.
7. The Assembly, however, also draws attention to positive examples
of joint efforts to protect and preserve Jewish burial sites that
have been undertaken by local and international, Jewish and non-Jewish
organisations in co-operation with local authorities throughout
Europe. These efforts demonstrate a wish to foster an awareness
of and draw lessons from history, and a determination to share common
responsibility for preserving this heritage.
8. A European Route of Jewish Heritage – established under the
auspices of the Council of Europe Enlarged Partial Agreement on
Cultural Routes – creates opportunities and incentives for the protection
and restoration of Jewish heritage, including burial sites, in the
framework of its overall objective to contribute to the spiritual
and historical restoration of destroyed Jewish communities and to
enhance knowledge about Europe’s history.
9. The Assembly therefore recommends that the member States of
the Council of Europe:
9.1. sign,
ratify and implement the Faro Convention;
9.2. join the Council of Europe Enlarged Partial Agreement
on Cultural Routes and, where appropriate, its European Route of
Jewish Heritage, which provides an excellent framework for concerted
action nationally and internationally;
9.3. review, as required, national legal, financial and professional
frameworks, in order that:
9.3.1. relevant regulations,
such as town planning, take account of specific conservation requirements;
9.3.2. effective controls of local development projects avoid
violation of Jewish burial sites;
9.3.3. decisions about changes to these sites take due account
of Jewish cultural and religious values and traditions;
9.4. in partnerships with relevant local authorities and interested
Jewish organisations, such as the Committee for the Preservation
of Jewish Cemeteries in Europe and the Agudath Israel World Organization,
develop initiatives to enhance the management, maintenance, preservation
and restoration of Jewish burial sites and, in particular:
9.4.1. encourage joint action between public authorities and
relevant stakeholders, such as experts, academics, public and private
archives, businesses and non-governmental organisations;
9.4.2. identify and collect best practices, and draw up national
guidelines;
9.4.3. organise programmes for locating Jewish burial sites,
using non-invasive technical devices (such as ground-penetrating
radar) and facilitate technical investigations and identification
of sites;
9.4.4. establish and keep up to date virtual libraries of the
sites, with maps, photographs and testimonies;
9.4.5. promote knowledge of local history and Jewish cultural
heritage as part of local development strategies;
9.4.6. raise local communities’ awareness of the urgent need
to preserve sites that are in danger of desecration, damage or disappearance;
9.4.7. initiate or encourage pilot projects involving schools
and local associations in building protective walls, taking part
in cemetery maintenance, consulting local archives, “adopting” cemeteries,
etc.;
9.5. co-operate with the Council of Europe to:
9.5.1. develop
practical tools to promote the implementation of the Faro Convention,
such as participatory mechanisms to involve heritage communities
in the protection, restoration, maintenance and transmission of
local cultural and religious heritage;
9.5.2. exchange best practices and develop common guidelines
for the protection of Jewish heritage, including Jewish burial sites;
9.5.3. promote, in co-operation with local and international
Jewish organisations, learning about Jewish history, with a particular
focus on the positive contribution of Jewish individuals, communities
and culture to European societies, and their role in local and national
history.
10. The Assembly invites the Congress of Local and Regional Authorities
of the Council of Europe to take account of the present resolution
and to promote co-operation between local and regional authorities
in this respect.
11. The Assembly invites the European Union to co-operate with
the Council of Europe to support the effective implementation of
the Faro Convention and to develop guidance and financial incentives
for the protection and preservation of Jewish heritage sites in
the framework of the Council of Europe Enlarged Partial Agreement
on Cultural Routes.