SLOVENIA TO ADDRESS JEWISH RESTITUTION ISSUE

C O N F I D E N T I A L LJUBLJANA 000369

SIPDIS

SIPDIS

DEPT FOR EUR/NCE AND EUR/OHI

E.O. 12958: DECL: 06/14/2016
TAGS: PGOV KNAR SI
SUBJECT: SLOVENIA TO ADDRESS JEWISH RESTITUTION ISSUE


Classified By: COM Thomas B. Robertson for Reasons 1.4 (B,D)


1. (C) SUMMARY. The Government of Slovenia (GOS) has taken
several important initial steps towards addressing the issue
of restitution for Jewish communal and heirless properties
confiscated or nationalized after World War II. In October
2005, the Ministry of Justice (MOJ) created a new Department
for Restitution and National Reconciliation to study the
issue of Jewish restitution. In June 2006, the GOS will
issue a tender for a research institution to compile a
historical inventory of heirless and communal Jewish
properties seized or nationalized after WWII, and by fall
2006, the research project should be underway. The
participation of the World Jewish Restitution Organization
(WJRO) in discussions with the GOS has also given a fresh
impetus to the resolution of the restitution issue. The
president of the Jewish Community of Slovenia (JCS),Andrej
Kozar Beck, has supported direct discussions between the GOS
and WJRO. END SUMMARY.

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Restitution Discussions Given Fresh Impetus
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2. (C) After years of languishing under the previous
center-left government, the issue of Jewish restitution has
gained new life under the center-right government of Prime
Minister Janez Jansa. Although discussions between Justice
Minister Lovro Sturm and Jewish Community President Andrej
Kozar Beck initially got off to a rocky start in September
2005 (due largely to miscommunication and perceptions of
ill-will on both sides),the involvement of WJRO
representative and B'nai B'rith Executive Vice President
Daniel Mariaschin has helped improve the atmosphere and move
the discussion forward. On November 4, 2005, Mariaschin
traveled to Slovenia to consult with Kozar Beck and to meet
with GOS officials. During his visit, Mariaschin also met
with COM and informed him that in the case of an eventual
settlement with the GOS, the WJRO would establish a
Trusteeship Foundation to oversee the disbursement of funds
obtained from the GOS. The Foundation would include members
of the JCS as well as outside members and would ensure that
funds are first distributed to any remaining Holocaust
survivors before being allocated to local community projects.


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MOJ Proposes Joint Historical Inquiry, then Delays
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3. (C) During a subsequent visit to Slovenia in early 2006,
MOJ Sturm and Mariaschin agreed to collaborate on the
historical inquiry. According to the agreement, WJRO was to
hire two well respected Holocaust researchers from the
Institute for Ethnic Studies in Ljubljana, Dr. Hannah Starman
and Dr. Irena Sumi, while MOJ was to hire two additional
researchers (associates of Starman and Sumi) to work as a
single research team. The research project was to begin in
March 2006 and be completed by December 2006. In subsequent
discussions, however, it became apparent that MOJ would not
be able to hire the additional researchers directly. Sturm's
Chief of Staff, Janko Koren, told Poloff that a GOS-wide
hiring freeze required that the researchers be employed
through a tender issued by the Slovenian Research Agency.
Furthermore, because of the GOS's bi-annual tendering
calendar, the announcement of the tender would be delayed
until April or May 2006.

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COM Hosts Lunch to Discuss Restitution Issues
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4. (C) On March 24, COM hosted a lunch for Minister Sturm,
MOJ Chief of Staff Janko Koren, MFA Director General Janez
Sumrada, German Ambassador to Slovenia Hans Jorgen Peters,
B'nai B'rith Executive VP Mariaschin, and Arie Bucheister
from the Conference on Jewish Material Claims Against
Germany. During the lunch, Mariaschin discussed the
importance of resolving the issue expeditiously, and thanked
Sturm for his cooperation. Sturm expressed his firm
conviction that the misdeeds of the post-war Communist regime
should be rectified, but noted that the GOS could not be held
accountable for injustices committed during the Second World
War itself, when Slovenia was occupied by the Axis powers.
Sturm also expressed his interest in beginning the historical
inventory without delay, but explained that for bureaucratic
reasons the tender could not be issued before the "mid-April
timeframe."

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Back to Two Parallel Research Projects?
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5. (C) Following the lunch meeting on March 24, Starman
called Poloff to report that the tender for the research
inquiry was being issued for a research institution, rather
than for individual researchers, and said she feared the idea
of collaborative research was being abandoned. Afterwards,
Poloff phoned MOJ Chief of Staff Janko Koren to inquire about
the matter, and Koren confirmed that the tender was being
issued for an institution. When Poloff asked why, Koren
explained that it was best if the winner of the tender could
complete the research project autonomously if need be. Koren
told Poloff that Starman and Sumi had refused to share their
data with the MOJ, and that he seriously doubted their
willingness to cooperate. Koren further explained that
because of the bi-annual tendering process, the tender would
not be announced until June 2006 and could only be completed
by September 2006 at the earliest.


6. (C) Starman (protect) later opined to Poloff that the MOJ
had reversed its decision on collaborating with her research
team because it distrusted their motives and preferred to
conduct a separate, parallel research project. (NOTE: In the
event that there are two parallel research projects and
discrepancies arise between them, the two inventories of
properties will then have to be reconciled before restitution
negotiations can begin. END NOTE). Starman explained that
she had refused to hand over her files to the MOJ until they
had signed an agreement stipulating the terms of their
cooperation and the handling of sensitive personal data on
Holocaust victims and survivors.


7. (C) Starman speculated that the GOS tender would be
awarded to the Institute for Contemporary Studies, whose
Director, Dr. Jera Vodusek, is an old friend of Minister
Sturm's. Starman further claimed that the Institute was
focused on an issue very close to Sturm's heart: restitution
for former members of the rightist "White Guard" who had
collaborated with the Axis powers during WWII and whose
members were later persecuted by the post-war Yugoslav
government. Starman noted that in this way Sturm was trying
to associate restitution for Jewish communal and heirless
properties with the more neuralgic issue of restitution for
former members of the "White Guard."

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Comment
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8. (C) Although it will be unfortunate if the GOS and WJRO
are forced to conduct two separate research projects
(consuming more time, money, and resources than a
collaborative effort),this appears to be the most likely
outcome at this point. Nevertheless, after years of ignoring
the issue, the good news is that the GOS finally appears
determined to seriously address the question of Jewish
restitution and to conduct research into the confiscation and
nationalization of Jewish property after WWII. In addition
to engaging Justice Minister Sturm, COM has also raised the
issue directly with Prime Minister Jansa and made clear the
importance that the U.S. places in resolving this issue
equitably and expeditiously. During a May 24 meeting with
Deputy FoMin Bozo Cerar, DAS Mark Pekala also underscored the
importance of concluding the tender and commencing the
research project as soon as possible. Post will continue to
engage the GOS on this issue and advocate for a fair and
speedy resolution.
ROBERTSON