To Written Question No. 343 on the cultural heritage on the former territory of Yugoslavia

10 June 1992

Doc. 6628

R E P L Y

from the Committee of Ministers

to Written Question No. 343

by MM. BAUMEL and TUMMERS

on the cultural heritage of the former territory of Yugoslavia

I. Question (5 May 1992, Doc. 6612)

Mr BAUMEL and Mr TUMMERS,

1. Deploring the continuing destruction and pillage of the cultural heritage of the former territory of Yugoslavia;

2. Regretting the pusillanimous response of the Committee of Ministers to the appeals for Council of Europe action launched by many non-governmental organisations, by the European Conference of Ministers responsible for the Cultural Heritage (Malta, January 1992) and by the Assembly (most recently in February, 1992);

3. Regretting also the position taken by the Committee of Ministers that has cut off cultural co-operation with the whole of the former territory of Yugoslavia and pointing out that Council of Europe contacts are only at present maintained through the Assembly, which has granted "Special Guest" status to Slovenia and now Croatia and has enabled its Sub-Committee on the Architectural and Artistic Heritage to meet in Ljubljana on 24-26 April 1992;

4. To ask the Committee of Ministers:

i. to reconsider the proposal contained in Recommendation 1172 for the active deployment of conservation officers alongside military personnel sent into the former territories of Yugoslavia and with due recognition for the need for co-operation with the activities of other organisations such as Unseco, which is focusing its attention on Dubrovnik;

ii. to invite the various republics of the former territory of Yugoslavia to co-operate on an observer basis within the European Cultural Convention pending (but without prejudice to) a resolution of the problem of succession to the former status of Yugoslavia under this Convention;

iii. to give further consideration to the problem of the illegal movement of works of art in Europe, in the light of Recommendation 1072 and more recntly Recommendation 1172 and the increasing importance of the problem throughout Central and Eastern Europe and the likely impact of the Single Market, with a view to the possibility of setting up an ad hoc committee of intergovernmental experts (conservationists and civil and penal law experts).

II. Interim reply by the Committee of Ministers (21 May 1992)

The Committee of Ministers is fully conscious of the gravity and urgency of the situation of the cultural heritage on the territory of the former Socialist Federal Republic of Yugoslavia as was made clear by the Chairman, replying to a parliamenary question for oral answer, put by Mr Lopez Henares, before the Assembly on 6 May 1992. Moreover, in its Declaration of 13 November 1991 on the bombardments of Dubrovnik the Committee of Ministers, bearing in mind the aims of the Council of Europe which include the protection of human rights and the safeguard of the common cultural heritage of Europe, expressed its indignation at the continuation of the fighting. It strongly condemned the attacks that the Yugoslav army continued to direct against Dubrovnik and other Croatian towns, the violation of human rights, the use of force against civilian populations and the destruction of mankind's irreplaceable cultural and architectural heritage. The Committee of Ministers at its 90th Session (7 May 1992) examined the various aspects of the Yugoslavian crisis and again strongly condemned `... the destruction of an irreplaceable cultural and architectural heritage'.

The Ministers' Deputies have considered the issues raised in Written Question No. 343 by MM Baumel and Tummers, particularly in the light of their debate on the Secretary General's report on the 3rd Conference of European Ministers responsible for the Cultural Heritage (Malta, 16-17 January 1992), and have instructed the Secretariat to examine, as a matter of urgency, the possibilities for emergency action along the lines indicated in the question.

With regard to paragraphs 3 and 4 of Written Question No. 343 by MM Baumel and Tummers, the Committee of Ministers has never cut off co-operation with the whole of the territory of the former Socialist Federal Republic of Yugoslavia. It had decided on 8 October 1991 to suspend its co-operation with the Yugoslav authorities but regarding the implementation of this decision, the Committee of Ministers favoured a pragmatic approach, which did not call into question the political implications of the decision but left the possibility that contacts with persons, organisations or non-governmental institutions could be maintained. Since February 1992 the Committee of Ministers authorised the Secretary General to establish official contacts with the Governments of the Republics of Croatia and Slovenia with a view to the scheduling and implementation of co-operation and assistance programmes. At the 90th Session of the Committee of Ministers, Ministers `... encouraged the development of contacts with Slovenia which had requested accession to the Council of Europe and Croatia and, if developments permitted, the opening up of contacts with Bosnia Herzegovina and other recognised Republics.' (paragraph 16 of the Final Communiqué.) It goes without saying that the protection of the architectural heritage counts among the priority questions raised during the first preliminary contacts with authorities of these Republics.

The Committee of Ministers will give a supplementary reply to Written Question No. 343 when decisions have been taken on these matters.