UNCLAS LJUBLJANA 000660

SIPDIS


SENSITIVE

DEPT FOR EUR/NCE AND DRL/IRF - MARYLAND AND KUCHTA-HELBLING

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KIRF SI
SUBJECT: SLOVENIA: MOSQUE REFERENDUM DECLARED
UNCONSTITUTIONAL


REF: LJUBLJANA 603 AND PREVIOUS

Sensitive but Unclassified. Please protect accordingly.


1. (U) SUMMARY. In a 7-1 decision, the Slovenian
Constitutional Court rejected a proposed referendum on the
construction of a mosque in Ljubljana. The Court declared
that the referendum violated the right to freedom of
religion set out in Article 41 of the Slovenian
Constitution. The Islamic Community will now to start to
raise funds to buy the state-owned property and be able to
build the mosque on the piece of land the city has zoned for
this purpose. END SUMMARY.

THE DECISION
--------------


2. (U) In a 7-1 decision, the Slovenian Constitutional
Court rejected a proposed referendum on the construction of
a mosque in Ljubljana. Although, on its face, the
referendum challenged just the spatial plan of the mosque in
light of local zoning laws, the Court opined that the
referendum and the campaign surrounding it were, indeed,
about the rejection of the mosque on religious grounds. As
a result, the Court declared that the referendum violated
the right to freedom of religion set out in Article 41 of
the Slovenian Constitution.


POSITIVE REACTIONS
--------------


3. (U) Ljubljana Mayor Danica Simsic of the United List of
Social Democrats (ZLSD), who joined the Islamic community in
filing a petition with the Court challenging the referendum,
told the press that she was "pleased with the ruling." She
also said that the broadly worded decision meant that any
referendum on the constitutionally guaranteed human rights
of a religious minority would be unconstitutional. She
hoped that the controversy surrounding the referendum would
be "the last hurdle on the path to the construction of a
mosque in Ljubljana."


4. (U) The Mufti of the Slovenian Islamic community, Osman
Djogic, issued a statement calling the Court's decision "a
confirmation that the rule of law exists in Slovenia." He
promised to keep the public informed about developments in
the construction process. Djogic told the press that the
Islamic community would start collecting funds immediately
to buy the state-owned land where the m

osque is to be built.

NEGATIVE REACTIONS
--------------


5. (U) Mihael Jarc, a member of the List for Potable Water,
a Ljubljana City Councilor and initiator of the referendum,
stated his "surprise" at the decision and called it a
"stain" on the Court. NOTE: He is the only Council member
from this environmental, nationalistic party. END NOTE.
Jerc told the press that, although he disagreed with the
ruling, he would respect it.

6. (U) Ljubljana City Councilor Peter Susnik, a member of
the Slovenian Democratic Party (SDS), stated for the media
that he was surprised by the decision. He had supported the
referendum and said that he expected the Constitutional
Court to side with his position. He predicted, without
elaborating, that the Court's decision would "have long term
consequences."

BACKGROUND
--------------


7. (U) At the beginning of 2003, Ljubljana Mayor Danica
Simsic expressed support for the mosque and its proposed
location. The Ljubljana Department for Urbanism obtained
permission from the Agency for the Environment in August
2003 to change zoning laws to allow construction of the
mosque. In December 2003, City Councilor Mihael Jarc
started an initiative for a referendum on the change of the
zoning regulation and gathered the requisite 11,000
signatures. On 18 April, the City Council voted to support
the referendum and set 23 May for voting that, due to a
Court injunction, never took place. On 28 June, the City
Council reversed its position and endorsed Simsic's effort
to have the constitutionality of the referendum decided by
the Court (reftel).

COMMENT
--------------


8. (SBU) The Constitutional Court's decision was much more
sweeping that some had predicted it would be. The
referendum had been worded so that the public would only
vote on the spatial plan of the mosque and not on the idea
of the mosque. However, the Court's decision swept aside
this technicality and saw the referendum as an attempt to
curb the constitutionally guaranteed right of religious
freedom. With the Court's broad decision, mosque opponents
will now have a much more difficult time attempting to halt
construction.


9. (SBU) Simsic has been playing an important and
impressive role in safeguarding minority rights in the city.
She originally went against the wishes of the City Council
by opposing the referendum on the mosque. Later, we believe
she exerted her influence to have the majority of the
Council change its official position to side with her. As
made obvious by her comments to the press, her wish is to
guarantee religious freedom and human rights for all
residents of Ljubljana. As long as she remains mayor, we
are confident she will continue to promote these values and,
thereby, ensure the ultimate construction of a mosque. END
COMMENT.


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