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Romania-Report-December-2009.Pdf Lo Tishkach Foundation European Jewish Cemeteries Initiative Avenue Louise 112, 2nd Floor | B-1050 Brussels | Belgium Telephone: +32 (0) 2 649 11 08 | Fax: +32 (0) 2 640 80 84 E-mail: [email protected] | Web: www.lo-tishkach.org The Lo Tishkach European Jewish Cemeteries Initiative was established in 2006 as a joint project of the Conference of European Rabbis and the Conference on Jewish Material Claims Against Germany. It aims to guarantee the effective and lasting preservation and protection of Jewish cemeteries and mass graves throughout the European continent. Identified by the Hebrew phrase Lo Tishkach (‘do not forget’), the Foundation is establishing a comprehensive publicly-accessible database of all Jewish burial grounds in Europe, currently featuring details on over 10,000 Jewish cemeteries and mass graves. Lo Tishkach is also producing a compendium of the different national and international laws and practices affecting these sites, to be used as a starting point to advocate for the better protection and preservation of Europe’s Jewish heritage. A key aim of the project is to engage young Europeans, bringing Europe’s history alive, encouraging reflection on the values that are important for responsible citizenship and mutual respect, giving a valuable insight into Jewish culture and mobilising young people to care for our common heritage. Lo Tishkach Foundation 2009 Page 1 Preliminary Report on Legislation & Practice Relating to the Protection and Preservation of Jewish Burial Grounds Romania Prepared by Andreas Becker for the Lo Tishkach Foundation in November and December 2009 with the support of the Conference on Jewish Material Claims Against Germany & the Conference of European Rabbis. Not to be cited, circulated or reproduced without the permission of the Lo Tishkach Foundation. Lo Tishkach Foundation 2009 Page 2 CONTENTS Acknowledgements……………………………………………………………………………4 Executive Summary…………………………………………………………………………...5 1. Introduction……………………………………………………………………………….6 1.1 Project Introduction ..………………………………………………………………………6 1.2 Report Objectives..…………………………………………………………………………6 2. Jewish Burial Grounds: An Overview…………………………………………………….8 3. Background on Jewish Burial Grounds in Romania…………………………………....9 3.1 Historical Background……………………………………………………………………... 9 3.2 Numbers & Documentation……………………………………………………………….10 3.3 Ownership & Maintenance……………………………………………………………….. 11 3.4 Current State……………………………………………………………………………. 12 3.5 Main Threats……………………………………………………………………………13 4. Legal Instruments……………………………………………………………………….14 4.1 Romanian Legislation…………………………………………………………………….14 4.2 Bilateral Agreements...……………………………………………………………………15 4.3 International and European Conventions……………………………………………………15 Bibliography…………………………………………………………………………………17 Appendix 1 – Map of Romania………………………………………………………………19 Appendix 2 – List of Known Jewish Burial Grounds in Romania…………………………20 Lo Tishkach Foundation 2009 Page 3 ACKNOWLEDGEMENTS This preliminary report was written with the assistance of a number of experts. The Lo Tishkach Foundation thanks Lucia Apostol and Rudy Marcovici of the Programme for the Rehabilitation of the Patrimony of the Federation of Jewish Communities in Romania for sharing their unique knowledge about the situation for Jewish burial grounds in their country, as well as for providing documentation for the purposes of this report. The Lo Tishkach Foundation further thanks Aurel Vainer, Paul Schwartz and Albert Kupferberg respectively President, Vice-President and General Secretary of the Federation, for giving insight into the issue of Jewish cemeteries and mass graves in Romania. Special thanks also goes to the Romanian Ministry of Culture and Religious Affairs, in particular Mircea Angelescu, Director General of National Cultural Heritage, Stefan Ioniţă, Director General for Religious Affairs and Adriana Popp, European Affairs Counsellor, who kindly gave of their time to discuss cultural heritage issues as they relate to Jewish heritage in Romania. Lo Tishkach Foundation 2009 Page 4 Executive Summary 1. Numbers : There are 821 known Jewish cemeteries in Romania. They are located in 720 different localities and taken care of by the country’s 38 Jewish communities . These sites occupy a total area of 410 hectares . The Federation of Jewish Communities in Romania (FEDROM) considers more than 240 hectares to contain graves and 140 hectares to be devoid of graves . 17.5 hectares are used by guards and caretakers and 0.6 hectares are currently rented to third parties , as approved by a rabbinical committee established in November 2008 and consisting of rabbis of Romanian origin. 1 Only 17 sites are recognised and duly registered as national monuments . 108 Jewish cemeteries are still in active use by Jewish communities. 2. Ownership : Whilst no systematic and comprehensive expropriation of Jewish cemeteries occurred in Romania, the administrative and political structure put in place during decades of Communism resulted in a lack of clarity regarding the ownership of the country’s Jewish burial grounds. As a result, in 2002, the Romanian government reaffirmed ownership by FEDROM of all Jewish cemeteries and recognised the organisation as the sole representative body of the country’s Jewish community . Unless located on cemeteries, Holocaust memorials and mass grave sites are typically owned by the state or municipalities . Since the 2002 law was passed, FEDROM ownership has been contested by a number of foreign Jewish groups, most prominently, the Association of Jewish Romanian Americans although the community has received public support for its ownership of these sites from such major international Jewish organisations as the American Jewish Joint Distribution Committee and the World Jewish Restitution Organisation. 3. Maintenance : Although each Jewish cemetery in Romania belongs to a Jewish community in relative proximity that is supposed to take care of the sites under its jurisdiction, the means to carry out this mission are largely insufficient. FEDROM claims it is currently not in a position to maintain more than 30 per cent of all Jewish cemeteries in acceptable conditions . The Romanian state provides annual subsidies to FEDROM for the restoration and maintenance of Jewish cemeteries. The amount of funds varies significantly from one year to another and range between 9,000 USD (1995) and 234,000 USD (exceptional peak in 2007) per year. A number of sites are regularly maintained by caretakers in exchange for a small salary and free housing in buildings located on cemeteries. 4. Legal situation: A number of provisions in different bodies of law may be used to campaign for better protection and preservation of Jewish burial grounds in Romania. They include the Romanian constitution, cultural heritage legislation as well as the criminal code. 5. Recommendations : • Proper demarcation and fencing of all Jewish burial grounds in Romania; • Stable annual funding for cemetery maintenance throughout the country; • A negotiated solution between the Jewish community, municipalities and the national government to increase the level of protection and public funding granted under cultural heritage legislation, and to award monument status to more Jewish burial grounds. 1 The members of the committee are Rabbi Schmuel Schmelke Halpert, Rabbi Yoel Tobias, Rabbi Ahron Rotter, Rabbi Haim Leib Deutsch, Rabbi Israel Portugal (represented by Rabbi Shimon Weinberger) and Rabbi Elyakim Schlesinger (represented by Rabbi Moshe Herschaft). Lo Tishkach Foundation 2009 Page 5 Introduction 1.1 Project Introduction As a result of the ravages of the Holocaust and the subsequent waves of emigration, Europe’s Jewish population now stands at around 1.5 million, 8 million fewer than in 1933. Many areas in Central and Eastern Europe with previously vibrant Jewish communities no longer have a single Jewish resident; others have small and ageing Jewish populations, unable to fulfil their duty to care for the graves of those buried in thousands of Jewish cemeteries and mass graves. Most of these sites lie unvisited and unprotected, severely damaged by the destruction wrought by the Nazis and during the Communist era and at risk from neglect, vandalism, development, theft, inappropriate development and well-meaning but inexpert attempts at restoration. Without immediate action many will soon be lost forever. Lo Tishkach was established in 2006 as a joint project of the Conference of European Rabbis and the Conference on Jewish Material Claims Against Germany to guarantee the effective and lasting preservation and protection of Jewish cemeteries, Jewish sections of municipal cemeteries and mass graves throughout the European continent, estimated at more than 20,000 in 49 countries. One of the key aims of the project, identified by the Hebrew phrase Lo Tishkach (‘do not forget’), is to establish a comprehensive, publicly-accessible database of Jewish burial grounds in Europe. This is now available on the project’s website (www.lo-tishkach.org ) and currently features data on over 10,000 Jewish burial grounds. Data collected will be used to both facilitate research into this fundamental aspect of Europe’s Jewish heritage, and to provide a starting point for local- level actions to protect and preserve Jewish burial grounds throughout Europe. In order to afford large-scale, lasting protection to these valuable sites, local-level work, while extremely valuable, is not enough. It is crucial to ensure that there is a sufficiently robust legal environment
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  • Practical Guide for Conference Participants
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