Resolution of the State Advisory Council for Participation dated 25.11.2024

The State Advisory Council for Participation has decided:

Protection of the “Comfort Women” Memorial and the Memorial to Sintizze and Romnja murdered under National Socialism near the Brandenburg Gate as part of the common European cultural heritage of freedom and resistance to oppression in accordance with Articles 3 TEU, 167 TFEU and the Cultural Property Protection Act

The Senate Department for Urban Development, Building and Housing of the State of Berlin is called upon, in close cooperation with the necessary associations, associations and administrative bodies, in particular the Federal Government Commissioner for Culture and Media and the Berlin State Heritage Office, to take measures to protect and preserve two important monuments that symbolize the memory of victims of political persecution and mistreatment and are currently under threat. The “Consolation Women” Memorial in Moabit and the Memorial to the Sintizze and Romnja murdered under National Socialism near the Brandenburg Gate.

Specifically, the State Advisory Council for Participation calls for the following measures:

• Introduction of protective measures for the “comfort women” memorial in Moabit at

  the basis of the European Treaties (TEU, TFEU) and application of

  Cultural Property Protection Act (hereinafter KGSG).

• Ensuring the preservation of the National Socialist Memorial

  murdered Sintizze and Romnja by the competent authorities in line

  with Articles 3 TEU, 167 TFEU and application of the KGSG.

• Taking account of the protection of these monuments in all urban planning

  Measures and construction projects nearby.

• Promoting public awareness and education about the importance

  of these monuments as part of the common cultural heritage of freedom, and

  of resistance to oppression.

Justification

Both memorials make a significant contribution to preserving the common cultural heritage of freedom and resistance to oppression. In view of increasing pressure from urban development and politically motivated interventions, the Senate Department for Urban Development, Building and Housing of the State of Berlin must act in accordance with European treaties and the KGSG to ensure the long-term protection of these monuments. The measures are based on the following legal bases:

1. Article 3 (3) TEU: The European Union is committed to respecting cultural and linguistic diversity and ensuring that Europe's cultural heritage is protected and promoted, in particular monuments that represent freedom and resistance to oppression.

2. Article 167 TFEU: The Union contributes to the development of the cultures of the Member States by respecting their national and regional diversity and protecting cultural heritage of European importance, such as the mentioned monuments in Berlin.

3. KGSG: The KGSG serves to protect cultural property in Germany and implements European regulations into national law. It obliges the competent authorities to preserve and protect important monuments as part of the cultural heritage of Germany and Europe.

Protection of the “Comfort Women” Memorial in Moabit: This memorial commemorates the enslavement of women as so-called “comfort women” by the Japanese military during World War II. In view of the impending removal, the permanent protection of this monument is necessary to ensure that its symbolic significance for freedom, justice and resistance to oppression is maintained. The monument should be kept in a public and accessible place, in accordance with the obligations of the TEU, TFEU and the KGSG, which ensures the protection of important cultural assets.

Preservation of the memorial to the Sintizze and Romnja murdered under National Socialism: This memorial, which commemorates the genocide of up to 500,000 Sintizze and Romnja during National Socialism, is endangered by planned construction on a new S-Bahn line. On the basis of Article 3 paragraph 3 TEU, Article 167 TFEU and the KGSG, the Senate Department for Urban Development, Building and Housing of the State of Berlin should ensure that the monument is preserved and is not affected by construction projects or other measures. Alternative building plans should be considered to ensure the protection of this unique monument and preserve the cultural integrity and dignity of the site.

The monuments are not only of national importance, but also of European importance. They are in line with the objectives of the EU and Germany to respect cultural diversity, combat social exclusion and preserve the common heritage of resistance to oppression, as set out in Article 3 (3) of the TEU and the KGSG. Protecting these monuments is essential for preserving the European culture of remembrance and for educating future generations about the horrors of war, persecution and oppression. The increasing far-right tendencies and the imminent loss of these monuments require decisive action to preserve cultural diversity and the common heritage, as provided for in Article 167 TFEU.