The Center for Christian-Jewish Understanding of Sacred Heart University presented its annual lecture in Memory of Hal Lustig on March 31, 2004, to members of the university and surrounding communities. The honored guest and speaker was His Excellency, Archbishop Celestino Migliore, the Permanent Observer of the Holy See to the United Nations.

The topic of Archbishop Migliore's speech was the Fundamental Agreement between the Holy See and the State of Israel, the historic document that established formal diplomatic relations between the two states. In the ten years since its signing, the implementation of the Fundamental Agreement has seen progress as well as several setbacks. In commemoration of its 10tth anniversary, the Center invited Archbishop Migliore to describe the contents and purposes of the document, and offer a diplomat's perspective on the road ahead for its implementation.

The Agreement is one that calls for “a sound and lasting basis for the continued development” of relations between the Holy See and Israel, grounded in a common commitment to religious and political freedom. The document guarantees a partnership against religious hatred, as well as legal autonomy of Catholic organizations within Israel's borders, and pledges continued deepening of diplomatic relations between the Holy See and Israel.

A native of Cuneo, in the Piedmont region of Italy, Archbishop Celestino Migliore was born in 1952 and was ordained a priest in 1977. He pursued further studies at the Pontifical Lateran University, where he earned a Doctorate in Canon Law. In 1980, after graduating from the Pontifical Academy for Ecclesiastical Diplomacy, he joined the Holy See's diplomatic corps and served in Angola, Egypt, Poland and France. From December 1995 to October 2002, Archbishop Migliore served as Under-Secretary of the Section for Relations with States of the Secretariat of State at the Vatican. During this term, he fostered relations with Asian countries that did not yet have formal diplomatic relations with the Holy See such as Beijing, Hanoi, and P'yongyang. On October 30, 2003, Pope John Paul II appointed Archbishop Migliore as Apostolic Nuncio and Permanent Observer of the Holy See to the United Nations, in New York to succeed Archbishop Renato Martino.






March 31, 2004, Archbishop Migliore speaks at Sacred Heart University about the progress and setbacks over the past ten years concerning the Fundamental Agreement between the Holy See and the State of Israel.

With regard to setbacks and recent progress in the implementation of the Fundamental Agreement, Archbishop Migliore stated, “We can only wish that the climate of celebration and optimism that greeted the Fundamental Agreement be soon restored with a renewed commitment to the negotiations and to the implementation of what so far has been agreed upon and solemnly adopted.”
 
The relationship between the Holy See and Israel was strained for decades before the December 1993 signing of the Fundamental Agreement. The event was hailed as a breakthrough, both for the formal diplomacy that would ensue, as well as the optimism it fostered among Diaspora Jews and Catholics at large. However, optimism cooled as the Agreement did not initially live up to its appearance as a watershed for legal and diplomatic developments. It was not signed into law and the status of Catholic organizations in Israel was not normalized as the Agreement had stipulated. Talks began to stagnate. Despite 1997 legislation that recognized the presence and operations of the Catholic Church in Israel, as well as the 2000 visit by Pope John Paul II to Israel, the implementation of the Fundamental Agreement's goals has been largely neglected.
 
But in early 2004, significant indications of progress began to appear and in July 2004, Israeli Ambassador to the Holy See, Oded Ben-Hur, announced that talks had resumed toward a normalized financial status for Catholic organizations in Israel, with both sides sharing “a complete understanding.” Additionally, action had been taken to alleviate the difficulties of Catholic pilgrims, priests, monks, and nuns trying to obtain visas to travel and visit Christian holy sites in Israel. The Ministry of Tourism recently began to issue special certificates to religious and pilgrims granting them easier entry into the country.
 
As the renewed diplomacy begins to unfold and lead to action, negotiators from both the Holy See and Israel hope for a fruitful second decade of official relations. Click here to read the text of the 1993 Fundamental Agreement or read it here immediately following Archbishop Migliore's CCJU lecture.
 
Archbishop Celestino Migliore
Papal Nuncio and UN Permanent Observer to the Holy See
On the Tenth Anniversary of the Fundamental Agreement between Israel and the Holy See
Sacred Heart University
Fairfield, Connecticut
March 31, 2004

The scope of this panel is somewhat broader than the sole commemoration of the tenth anniversary of the signing of the Fundamental Agreement between Israel and the Holy See. Nevertheless, I would like to focus on some of the items mentioned earlier from the very perspective of the Fundamental Agreement. No doubt it is somewhat a challenge to speak about an agreement between Church and State to scholars and students, born and raised in a juridical setting, whose First Amendment, provides them with a type of Church/State relation utterly foreign to any kind of bilateral juridical agreement.
 
I. The Fundamental Agreement: Overview
The "Fundamental Agreement between the Holy See and the State of Israel,” which was signed on 30 December 1993 and entered into force on 10 March 1994, was an exciting event. For the first time in history the Catholic Church in the Holy Land would possess a charter of rights and freedoms negotiated and agreed upon directly between the Sovereign Authority of the Catholic Church and a State in the Holy Land.
 
Briefly, what are these rights and freedoms? Article 1 obligates both parties to uphold “the human right to freedom of religion and conscience.”  Article 3 states the commitment by Israel and the Holy See to carry out negotiations (which in the meantime have been done successfully) on the legal personality of the Catholic Church and its organizations and on the attribution of full effect in Israeli law to this legal personality as it is recognized by canon law. Articles 6, 8, 9 and 10, define the right to establish, maintain and direct schools at all levels; the right to freedom of expression; the right of the Catholic Church to carry out its charitable functions and the right to property. In this respect, Israel and the Holy See have committed themselves to negotiate in good faith a comprehensive agreement.
 
For many centuries, the Church in the Holy Land had to rely on the limited tolerance of earlier States - notably the Ottoman Empire (1516/7 - 1917/8), and on a patchwork of treaties between European powers and the Ottoman Empire, as well as on directives given by the United Nations and not actively enforced. The Fundamental Agreement then belongs to the genre of international treaties known as "concordats," treaties between the Holy See and a State concerning the freedoms and rights of the Church in the territory of the State. In this case, the concordat had some special characteristics: it was not simply about inventing a new legal regime, but, in large part, about consolidating existing rights, rights present in the earlier treaties, or freedoms and rights deriving from the religious freedom provisions of the Universal Declaration of Human Rights and the other international instruments intended to apply in detail, or again mandated by the United Nations. For your information, you may like to know that Resolution 181, issued by the UN General Assembly on November 29th 1947, had two chapters dedicated to the Holy Places—religious buildings and sites—and to religious and minority rights.
 
The Fundamental Agreement was a "first" for the Church in the entire Middle East, and it was hoped that the example could also be followed by other nations. This would be a fulfillment of Pope John Paul II's vision of a transition from "toleration" to religious freedom for the Church throughout the Eastern Mediterranean, as he had proclaimed in a speech for Roman and Canon Law specialists on 11 December 1993. As a matter of fact, it was followed by the Basic Agreement between the Holy See and the Palestine Liberation Organization, which I had the honor to sign on behalf of the Holy See on 15 February 2000.
 
Since the formation of the State of Israel in 1948, the lack of rules and norms for the Church-State relationship created a precarious situation and was an obstacle to the proper nurturing of a worldwide relationship between the Catholic Church and the Jewish People. The Fundamental Agreement wholly intended to remove those obstacles, so that Church-State relations in Israel, normalized also with the establishment of full diplomatic ties, could proceed peacefully, on the basis of mutually agreed rules.
 
Another special characteristic of this particular concordat-type treaty was that it was to be the foundation stone for a “serial concordat,” or a “concordat-by-stages." In other words, while the Fundamental Agreement laid down the broad principles and essential norms of the Church-State relationship, the all-important details and applications were to be worked out in sequence afterwards, through a series of further treaties.
 
II. The Fundamental Agreement: Implementation
According to the agreed sequence, the next treaty was the Agreement on the recognition by the State of the legal personality of the Church herself, and of official Church bodies, mostly, dioceses and religious orders. This Agreement was finally signed on 10 November 1997, and its ratification by both parties was completed on 3 February 1999.
 
On 11 March 1999, the Holy See and the State of Israel began formal negotiations of the third treaty in this sequence, intended to safeguard Church property, to effect the restitution of certain properties taken by the State in previous decades, and to secure for the Church the necessary tax exemptions, by way of consolidating and rationalizing the exemptions inherited from the past.
 
By the spring of last year, these negotiations had already produced a substantial part of the eventual draft agreement, and both delegations—meeting, as always, within the framework of the Bilateral Permanent Working Commission between the Holy See and the State of Israel—sensed that they were ready to wrap it up in time for the tenth anniversary of the Fundamental Agreement, as the most tangible fruit of that Agreement. To this effect, two weeks of talks were scheduled for September, in order to complete the draft and leave enough time for review by the authorities of the Holy See and the State of Israel. But then, without much explanation, on 28 August 2003, the Government of Israel related that its delegation would not attend any of the previously agreed meetings, and that it would not be considering new dates for a meeting until further notice. To date, the Government has not communicated a willingness to agree on new dates for these negotiations to resume.
 
For the Church in Israel and throughout the Holy Land, this situation is particularly worrisome, since, in the absence of agreement, the tax authorities have been suing Church institutions over non-payment of taxes, even though the Fundamental Agreement had established that no such action would be taken before negotiations were concluded. In trying to appeal to the Agreement, the Church has been defeated in the courts, since the State has never made the Fundamental Agreement (or indeed the subsequent Legal Personality Agreement) an internal law of the State, so the courts refuse to acknowledge them. Moreover, all the rest of the foreseen Church-State negotiations cannot begin. This includes the foreseen talks on the rules for granting visas and residence permits to Church personnel who are not Israeli nationals (the majority), without whom the Church can scarcely function. The State, no less than the Church, has everything to gain – and nothing to lose from a juridical relationship. We can only wish that the climate of celebration and optimism that greeted the Fundamental Agreement be soon restored with a renewed commitment to the negotiations and to the implementation of what so far has been agreed upon and solemnly adopted.
 
III. The Fundamental Agreement: Dialogue between Catholics and Jews
Although the Fundamental Agreement deals specifically with the relations between the State of Israel and the Holy See and the local Catholic community, its Preamble makes it clear that it takes place in relation to the much broader "growth in friendship" between Catholics and the Jewish People worldwide—a providential and blessed friendship, in which the role of the Jewish and Catholic communities in the United States of America has been central. Harold Tanner, who led a delegation of the American Jewish Committee to the Vatican, a couple of weeks ago, told the Pope: “Your Holiness, we also take this opportunity to thank you for your Church in the United States. I believe it true to say that no Jewish community at any time and in any place has enjoyed the degree of warm friendship and collegial cooperation that we have enjoyed with the Catholic Church in America.”
 
Likewise, during their recent visit to the Vatican, Pope John Paul II told the two Chief Rabbis of Israel, Yona Metzger and Shlomo Amar, that “the official dialogue established between the Catholic Church and the Grand Rabbinate is a sign of great hope.” This friendship too, requires that the risk of friction in Israel be replaced by a juridical relationship. Each party must abide by the solemn treaty commitments that it has made, which, as a State, is in its best interest to keep. 
 
IV. The Fundamental Agreement: Relations Between the Israeli Society and the Catholic Church
The entire text of the Fundamental Agreement goes well beyond its juridical frame consisting of basic rights and freedoms for the Catholic Church in Israel. It discloses also new horizons for the general relations between the Holy See, the local Catholic Church and the Israeli Government and society, not without important impact on the Middle East situation. As per Article 2.1,  the Holy See and the State of Israel commit themselves “to appropriate cooperation in combating all forms of anti-Semitism and all kinds of racism and of religious intolerance.” It would be too long to go into details, but just to give a general idea of what has been done in this respect, let me draw upon again Mr. Tanner's address a few weeks ago to the Pope:
 
Our purpose today is to express our profound gratitude and admiration for your exceptional personal contribution to this process, during the more than a quarter of a century of your Pontificate. Your visit to the synagogue in this city in 1986 will go down in history as an event of enormous impact and significance. In the same way your visit to Israel in the year 2000 after the establishment of full relations between the Holy See and the Jewish State, was a most powerful testimony of the genuine transformation of the Church's relationship with the Jewish People. We are, of course, profoundly appreciative of your manifold statements on the unique relationship between our two Faiths and your description of the Jewish people as the Church's dearly beloved elder brothers of the unbroken and eternal Covenant. You have also been particularly forthright in condemning all prejudice and bigotry especially anti-Semitism. We know that this is not coincidental to your own personal background and experience and you have emphasized that we must work devotedly to ensure that the memory of the Shoah and its implications for humanity at large, are studied and taught to future generations. But because we bear the wounds of this particular experience, we are especially perturbed these days by the present wave of anti-Semitic expression and violence. We therefore, are particularly grateful to you for the categorical statements of the Holy See condemning this perversity.
 
Article 4.1,3 of the Fundamental Agreement declares:
The State of Israel affirms its continuing commitment to maintain and respect the status quo in the Christian Holy Places to which it applies” and it “agrees with the Holy See on the obligation of continuing respect for and protection of the character proper to Catholic sacred places, such as churches, monasteries, convents, cemeteries and the like.” 
 
In this respect, I would like to mention just two recent and well-known cases. You certainly remember the controversies around the mosque and the Basilica of the Annunciation in Nazareth and the siege of the Basilica of the Nativity in Bethlehem. Briefly, in Nazareth at stake there was a correct interpretation and enforcement of the right to religious freedom which cannot lend itself to specious arguments in order to compromise for future centuries the already precarious coexistence among religions in those areas. Finally, the Israeli government ordered a definitive halt to the construction of a mosque next to the Basilica and offered good alternatives. In Bethlehem, at stake was the protection of the character proper to sacred places, even in times of war and conflict. In both cases, the Holy See and the local Catholic Church were able to avail themselves of this international agreement and try various demarches in order to obtain not only respect for their own rights, but also to contribute to the peaceful coexistence in that area.
 
I would also like to mention Article 5 and 7: “The Holy See and the State of Israel recognize that both have an interest in favoring Christian pilgrimages to the Holy Land,” and they “express the hope that such pilgrimages will provide an occasion for better understanding between the pilgrims and the people and religions in Israel.” Article 7 declares, “The Holy See and Israel recognize a common interest in promoting and encouraging cultural exchanges.”
 
Article 5 does not formalize in due form a right to religious pilgrimages to the Holy Land since no international instrument explicitly recognizes such a fundamental right as the one to religious pilgrimages.  We are rather, at a level of a bilateral commitment in order to preserve, respect and promote a precious value and a strong interest. Unfortunately, this decade has been marked by intense and bloody conflict right in the Holy Land. Any context of war, by force of circumstances and of hostile attitudes, tends to twist and to deviate from the original good spirit of any commitment. Thus, often security reasons not only discourage pilgrims, but also provide a reason for a multitude of obstacles and hindrances.
 
On the other hand, religious pilgrimages are not simply a luxury we can afford in times of peace and stability. They are an instrumental part of the peace process. The Holy Land and the holy places are for us not merely a collection of monuments. The monuments, historical records, and archeological finds, have value insofar as they welcome a community that lives, prays, and maintains the spirit, the charisma that came forth and were models for those monuments. The symbolism, hereditary story, and cultural and religious impact of those monuments exist insofar as the community keeps them alive. This Christian community has its fundamental rights which must be recognized, respected and promoted. Decent living conditions should be created in order not to drive them to emigrate. Those monuments derive their value not only from tourists who treasure antiquity, but also from pilgrims who visit them to experience deep within themselves the meaning of those places. Pilgrims ought to be able to visit freely those holy places according to their customs and convictions.
 
V. The Fundamental Agreement: A Pedagogy of Peace
When the Holy See undertook the negotiation of the Fundamental Agreement with the State of Israel, it had in mind not only the need to provide the local Catholic Church with a precise juridical frame for her relations with the State nor the sole aim of establishing diplomatic relations with Israel. There was also a strong desire to contribute to the peace process in that area, with the clear conviction that either religion is part of the solution, or it will be part of the problem. The same sentiment and proposal were among the reasons why the Holy See signed a Basic Agreement with the Palestine Liberation Organization on 15 February 2000.
 
Obviously with these Accords, we intended to guarantee vis-à-vis the internal law of the State of Israel and of the Palestinian Authority the juridical presence of the Catholic Church and the safety of her own organization. But the accords that the Holy See signed with the States do not limit themselves to placing some juridical guarantees, some benchmarks, in favor of the Catholic community. They are always a precious instrument in favor of pluralism in society. A State which guarantees a religious community respect for its identity and for its freedom to express it and live it out is a State that respects the religious freedom of its population. This benefits not only the Catholic Church but also other communities and the entire society. To obtain respect for the identity and liberty of the Catholic Church with these accords is to verify the tendencies and pretensions of state power. With this mind, in entering the Fundamental Agreement with Israel, and the Basic Agreement with the Palestinian National Authority, the Holy See and the Catholic Church have wished to make some contributions of their own in safeguarding freedom and pluralism on behalf of all the communities within those societies. At the same time, these Accords are meant to obtain the respect for the identity and liberty of the Catholic Church.
 
In these Accords, there is also another aspect that often goes unnoticed, which the Holy See has desired to recall. Upon careful reading, one can see that both juridical accords lay down bases for a pedagogy of peace. Perhaps it is this very pedagogy of peace that is missing and continues to be missing in that region. Without it, one does not arrive at peace. To make peace, one must know what peace means, how much it costs, how beautiful and fruitful it is. Do the media, children's textbooks, newspapers, radio and television of both the Israelis and Palestinians prepare for peace? According to many observers and those familiar with the local situation, there is still so much to be desired along this area.
 
In conclusion, the Fundamental Agreement is basic to the bilateral relationships between the Holy See, the Catholic Church—in Israel and throughout the world. And the State of Israel has notable significance to the relationship between Catholics and Jews worldwide, as well as to a wider regional perspective in the Holy Land and in the Middle East.  May I express a hope to be able to witness a renewal of commitment to fidelity to its provisions; and specifically, may I look forward to a renewed willingness on the part of the Government of Israel to return to the negotiating table with the Holy See, before the celebration in June of the tenth anniversary of the establishment of diplomatic relations between the Holy See and the State of Israel.
 
Fundamental Agreement between the Holy See and the State of Israel
December 30, 1993

PREAMBLE
The Holy See and the state of Israel,

Mindful of the singular character and universal significance of the Holy Land;

Aware of the unique nature of the relationship between the Catholic Church and the Jewish people, and of the historic process of reconciliation and growth in mutual understanding and friendship between Catholics and Jews;

Having decided on July 29, 1992, to establish a bilateral permanent working commission in order to study and define together issues of common interest, and in view of normalizing their relations;
 
Recognizing that the work of the aforementioned commission has produced sufficient material for a first and fundamental agreement;
Realizing that such agreement will provide a sound and lasting basis for the continued development of their present and future relations and for the furtherance of the commission's task,
 
Agree upon the following articles:
 
ARTICLE 1
1. The state of Israel, recalling its Declaration of Independence, affirms its continuing commitment to uphold and observe the human right to freedom of religion and conscience, as set forth in the Universal Declaration of Human Rights and in other international instruments to which it is a party.

2. The Holy See, recalling the Declaration on Religious Freedom of the Second Vatican Council, Dignitatis Humanae, affirms the Catholic Church's commitment to uphold the human fight to freedom of religion and conscience, as set forth in the Universal Declaration of Human Rights and in other international instruments to which it is a party. The Holy See wishes to affirm as well the Catholic Church's respect for other religions and their followers as solemnly stated by the Second Vatican Council in its Declaration on the Relation of the Church to Non-Christian Religions, Nostra Aetate.
 
ARTICLE 2
1. The Holy See and the state of Israel are committed to appropriate cooperation in combating all forms of anti-Semitism and all kinds of racism and of religious intolerance, and in promoting mutual understanding among nations, tolerance among communities and respect for human life and dignity.
 
2. The Holy See takes this occasion to reiterate its condemnation of hatred, persecution and all other manifestations of anti-Semitism directed against the Jewish people and individual Jews anywhere, at any time and by anyone. In particular, the Holy See deplores attacks on Jews and desecration of Jewish synagogues and cemeteries, acts which offend the memory of the victims of the Holocaust, especially when they occur in the same places which witnessed it.
 
ARTICLE 3
1. The Holy See and the state of Israel recognize that both are free in the exercise of their respective rights and powers, and commit themselves to respect this principle in their mutual relations and in their cooperation for the good of the people.
 
2. The state of Israel recognizes the right of the Catholic Church to carry out its religious, moral, educational and charitable functions, and to have its own institutions, and to train, appoint and deploy its own personnel in the said institutions or for the said functions to these ends. The church recognizes the fight of the state to carry out its functions, such as promoting and protecting the welfare and the safety of the people. Both the state and the church recognize the need for dialogue and cooperation in such matters as by their nature call for it.
 
3. Concerning Catholic legal personality at canon law, the Holy See and the state of Israel will negotiate on giving it full effect in Israeli law, following a report from a joint subcommission of experts.
 
ARTICLE 4
1. The state of Israel affirms its continuing commitment to maintain and respect the status quo in the Christian holy places to which it applies and the respective rights of the Christian communities thereunder. The Holy See affirms the Catholic Church's continuing commitment to respect the aforementioned status quo and the said rights.
 
2. The above shall apply notwithstanding an interpretation to the contrary of any article in this fundamental agreement.
 
3. The state of Israel agrees with the Holy See on the obligation of continuing respect for and protection of the character proper to Catholic sacred places, such as churches, monasteries, convents, cemeteries and their like.
 
4. The state of Israel agrees with the Holy See on the continuing guarantee of the freedom of Catholic worship.
 
ARTICLE 6
The Holy See and the state of Israel jointly reaffirm the right of the Catholic Church to establish, maintain and direct schools and institutes of study at all levels, this right being exercised in harmony with the rights of the state in the field of education.
 
ARTICLE 8
The state of Israel recognizes that the right of the Catholic Church to freedom of expression in the carrying out of its functions is exercised also through the church's own communications media, this right being exercised in harmony with the fights of the state in the field of communications media.
 
ARTICLE 10
1. The Holy See and the state of Israel jointly reaffirm the right of the Catholic Church to property.
 
2. Without prejudice to rights relied upon by the parties:

a. The Holy See and the state of Israel will negotiate in good faith a comprehensive agreement, containing solutions acceptable to both parties, on unclear, unsettled and disputed issues, concerning property, economic and fiscal matters relating to the Catholic Church generally or to specific Catholic communities or institutions.
b. For the purpose of the said negotiations, the permanent bilateral working commission will appoint one or more bilateral subcommissions of experts to study the issues and make proposals.
c. The parties intend to commence the aforementioned negotiations within three months of entry into force of the present agreement and aim to reach agreement within two years from the beginning of the negotiations.
d. During the period of these negotiations, actions incompatible with these commitments shall be avoided.
 
ARTICLE 12
The Holy See and the state of Israel will continue to negotiate in good faith in pursuance of the agenda agreed upon in Jerusalem on July 15, 1992, and confirmed at the Vatican on July 29, 1992; likewise on issues arising from articles of this present agreement, as well as on other issues bilaterally agreed upon as objects of negotiation.
 
ARTICLE 14
1. Upon signing of the present fundamental agreement and in preparation for the establishment of full diplomatic relations, the Holy See and the state of Israel exchange special representatives, whose rank and privileges are specified in an additional protocol.
 
2. Following the entry into force and immediately upon the beginning of the implementation of the present fundamental agreement, the Holy See and the state of Israel will establish full diplomatic relations at the level of apostolic nunciature on the part of the Holy See, and embassy on the part of the state of Israel.
 
ARTICLE 15
This agreement shall enter into force on the date of the latter notification of ratification by a party.
 
Done in two original copies in the English and Hebrew languages, both texts being equally authentic. In case of divergency, the English text shall prevail.
 
Signed in Jerusalem, this 30th day of the month of December, in the year 1993, which corresponds to the 16th day of the month of Tevet, in the year 5754.
 
[signed by:]
- Mr. Yossi Beilin, Deputy Foreign Minister for the State of Israel
- Msgr. Claudio Celli, Assistant Secretary of State for the Holy See
 
 
 
 

 

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