US embassy cable - 04LJUBLJANA660

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 mosque 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. 
 
 
YOUNG 
 
 
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