jewish cemeteries, synagogues, and mass grave sites in ukraine

IV.3 (b)
Legal and Political Initiatives for Cemetery Preservation
Most efforts at restoring cemeteries, including clearing and fencing, have been substantially
financed with contributions from abroad – normally from individuals with personal associations
to the place or from religious groups, including Hasidic groups, that have special reverence for
the cemetery or for individuals buried there. The Agreement between the Government of the
United States of America and the Government of Ukraine on the Protection and Preservation of
Cultural Heritage signed in 1994 has helped individuals and international organizations initiate
cemetery repair and restoration efforts. The 1998 Government of Ukraine decree and 2003 law
have given some relief from the fear of development of cemetery sites.
The result of these efforts is an increasing number of sites throughout Ukraine that receive care.
The work is always difficult. Obtaining agreement on boundaries, permission for construction,
and adequate materials can stretch out some projects for years. A body of legal rulings is
gradually making recognition of cemetery boundaries a little easier, though local authorities
often still remain reluctant to cede power to the courts and to the national government. Even
when boundaries are legally established in the courts, local authorities sometimes continue with
construction plans, such as at Volodymyr-Volynskyj.
In June 1998, a Ukrainian arbitration court handed down an important decision that will affect
the future of Jewish cemeteries throughout the country. In a case brought by Meylakh Sheykhet,
the Arbitration Court of the Ivano-Frankivsk region ruled that the local Jewish community could
fence the Jewish cemetery in Nadvirna (located in South-Western Ukraine) according to its
historic boundaries. The decision was based on a protocol signed by Mr. Mykhajlo
Vyshyvaniuk, the regional appointee of the president of Ukraine. “Buried people should rest in a
cemetery in peace, regardless of who they are. This is a very important principle in building a
democratic society,” Mr. Vyshyvaniuk explained.
This decision will help ensure that the Nadvirna cemetery, where approximately 10,000 Jews are
buried individually along with a mass grave holding the remains of 6,000 others, will not be
destroyed. The Nadvirna administration had already constructed sewage lines through the
cemetery, and plans were being made to build a road on top of it.
Sheykhet called the ruling, “The first positive decision in Ukraine for the preservation of Jewish
cemeteries.”
It remains to be seen if this 1998 decision will set a precedent for similar rulings. Some
indications are positive: In October 2000, Sheykhet was able to get certification of the
boundaries of the large cemetery in Brody, something he had sought for several years to achieve.
After initial resistance, the town mayor has now vowed to support the project to clean and fully
fence the cemetery based on the incontrovertible evidence of the pre-Second World War
boundaries. This work is now nearing completion with funds raised by the Commission.
Another agreement has been reached regarding the cemetery in Strusiv (Ternopilska oblast).
Rabbi Abraham Heschel, son of the late Grand Rabbi Moshe Mordechai Heschel of Kopychyntsi
and Grand Rabbi Nochum Dov Brayer, head of the Boyaner Hasidic group, have begun efforts to
reclaim a cemetery now used as a cow pasture. With the aid of Rabbi Israel Meir Gabbai, they
have negotiated an agreement with the town’s mayor to allow the erection of a monument and a
permanent steel fence around the site. Approximately $10,000 was needed for the work.
46