18 May 1995

Doc. 7310

WRITTEN DECLARATION No. 241

on the protection of graves in Slovenia

This written declaration commits only the members who have signed it

      Noting that during the procedure for the recognition of the Republics of Slovenia and Croatia completed on 15 January 1992, one of the issues raised was the new states' succession in the Italo-Yugoslav Agreements, especially the Osimo Agreements;

      Noting also that on 31 January 1991 the Slovenian Government stated its intention of succeeding in some 50 bilateral Italo-Yugoslav agreements and that the current negotiations pursue a twofold aim: firstly to secure better protection for the ethnic Italian minority now divided between Slovenia and Croatia, and secondly to obtain satisfactory recognition of the legitimate expectations regarding nationalised property of Italians who were compelled at the time to leave the areas where they had traditionally settled;

      Considering that the specific and significant problem of graves and/or tombs is to be viewed in this context;

      Considering that although most of the graves and tombs belonging to the Italian community were held in perpetuity and were therefore exclusive property not subject to any time-limit, the marxist regime expropriated them together with houses and land;

      Observing that the Slovenian state and municipalities now lease graveyard plots on a ten-year renewable basis subject to payment of a tax which in 1995, in some villages, was set at a rate even exceeding 1000% for non-residents;

      Considering that those Istrians who are aware of this will be able to pay, but that those who are far away - and they are very numerous - and do not receive this information on the diktat-contract have already forfeited the right to keep the names of their relatives and ancestors on their tombstones; and that their family graves or tombs have already been, or will be, destroyed by power shovels or desecrated and occupied by others, as has happened to owners who had paid the ten-year tax,

      The undersigned members of the Assembly request the Italian Government to ensure that those tombs dating to before 1945 which have survived are protected and kept up, and the Slovenian Government to undertake and guarantee this task under specific agreements, without moving the old graves, tombs or tombstones;

      Assert that respect for human and civil rights demands that historical remains be safeguarded rather than destroyed, and wish the Council of Europe to take the necessary steps to monitor the situation.

Signed:

Serra, Italy, LDR

Speroni, Italy, LDR

Pini, Switzerland, LDR

Seeuws, Belgium, SOC

Total = 4

*       SOC : Socialist Group

      LDR : Liberal, Democratic and Reformers Group