28th Session of the Congress of Local and Regional Authorities of the Council of Europe

Jewish Cemeteries, the responsibility of local authorities

Presentation by John Warmisham (United Kingdom, SOC), Rapporteur of the Congress

25 March 2015

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Thank you President.

Dear Colleagues,

We are here to discuss the responsibility of local authorities in the protection and preservation of Jewish cemeteries. Although this resolution has been in the making for some time now, it coincides with the unhappy events of the last three months which resulted in the loss of lives for the Jewish community but also included desecration of their cemeteries. This is a good time to discuss the issue here in the Congress.

You may remember that, in 2012 the Parliamentary Assembly of the Council of Europe adopted a resolution, which highlighted the holy nature of Jewish cemeteries as part of the European cultural heritage and drew attention to our “collective responsibility towards cultural heritage”. The Assembly underlined that these cemeteries should not be left uncared for. They asked members States  to take into account the protection of such sites during the preparation of urban development or spatial planning projects.

They gave examples of good practice, which could serve as the basis of policies that local and regional authorities could use.

They also invited the Congress to take account of their Resolution. They asked us to promote co-operation between local and regional authorities, which are generally responsible for cemeteries, for this purpose.

The Bureau asked our committee to reply to this invitation. I was appointed rapporteur and proposed the resolution you have before you today to the Current Affairs Committee which approved it in October 2014.

 

The Congress has always defended the right to freedom of religion and religious expression. The protection of human dignity and the preservation of the deceased in a manner compatible with their religion is an important part of this freedom. Local and regional authorities have a role to play in the protection, preservation, management and maintenance of these burial sites because they are also part of local history, even if there are no Jewish populations currently living nearby.

Over the course of history, the Jewish people have been dispersed across the world, often obliged to abandon its cemeteries.  Once they had left, it was impossible to continue the preservation and protection of their holy sites, which were under threat from unauthorised urban development, vandalism or, quite simply, the erosion that time brings.

In this resolution we invite the local and regional authorities to promote the protection and preservation of holy Jewish burial sites, for example by ensuring that urban planning and development projects are supervised in order to avoid the violation or deterioration of these sites; we should, whenever possible, provide protection areas around these sites

We ask them to engage in dialogue with the representatives of Jewish communities in order to understand their expectations and to set up partnerships or projects with interested Jewish organisations or with heritage preservation associations.

We invite them to define and introduce policies to enhance the value of our cultural heritage by identifying and conserving them. This is recommended by the so-called Faro Convention which is the Framework Convention on the Value of Cultural Heritage for Society that the Council of Europe adopted in 2005.

I would like to note, incidentally, that the Faro Convention has frequently been linked to other standard setting efforts of the Council of Europe on the interpretation and presentation of heritage. Although this is one of its roles, the Convention also aims to create a pan-European reality, frequently referred to as “a common European heritage”, a shared sense of responsibility for a diverse heritage, frequently transcending national and cultural boundaries. It brings together the principles of conservation and social cohesion for a more peaceful society.

Local authorities may be encouraged to take account of cemeteries and mass graves as part of a common cultural heritage and to take the necessary steps within their responsibilities to protect and preserve them over the longer term, for example by creating European routes which can include these heritage elements and help to preserve them.  The setting up of such routes also helps people to acquire knowledge of the faith and religious practices, thanks to which believers will show greater respect for sites.

Finally, in our Resolution we particularly emphasise that the Congress considers that these provisions apply under the same terms to all other religious communities.

Colleagues, I ask you to adopt this resolution and invite you to take part in the debate that follows, where we have distinguished guests who are in a position to give us information and answers.  I am happy to answer any questions that you may have.

Thank you for your attention.