860h.00/8–1145: Telegram

The Chargé in Yugoslavia (Shantz) to the Secretary of State

358. As already reported by press third session Avnoj met August 7 and adopted motion enlarging itself by inclusion following groups:

36 members of 1938 Parliament including Subasic and Sutej, 69 representatives political groups including Grol and Kosanovic with 6 seats still vacant, and 13 individual additions.

At final session August 9 Avnoj proclaimed itself Provisional National Parliament. Minister Kardelj read declaration on behalf Yugoslav government recounting history or legally [historical legality?] and concluding: “Until the final decision of the Constitute [Constituent] Assembly regarding the form of government is concluded, the royal Regents will continue to remain the only source and executors of the royal prerogative, and until such time King Peter II cannot constitutionally and legally assume any governmental or royal authority except the nomination of new regents, as the agreement of 1 November 1944 provides, in the event of the death or resignation of the above mentioned Regents.”

Following is brief press summary of law on electoral lists adopted by Provisional Parliament yesterday.26

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Permanent lists of voters will be established for all elections of government and court officials in each local, village, ward, and municipal district.

All male and female citizens of Yugoslavia over 18 years as all present and former soldiers in Yugoslav Army, Army National Liberation and Partisan detachments regardless of age will have right to vote and be elected with following exceptions: (1) Ministers in Cabinets from 6 January 1929 to 5 February 1939 except those distinguished by their activities in struggle against occupier; (2) members of all military formations which fought against Yugoslavs; (3) members of German Kulturbund or Italian Fascist organizations; (4) active officials and prominent members of all Quisling organizations including] those of Nedich, Lyotich,27 Mihailovich, White Guard,28 Blue Guard;29 (5) individuals in service of special police under occupier; (6) military and economic collaborators; (7) those deprived of civil rights by Court of National Honor; (8) wards of state.

Exceptions to Article 2 though even will [be?] made in case individuals can prove their activities were under duress or they helped Yugoslav Army.

Local Committees or electoral boards will establish electoral lists, electoral boards will consist of local presiding judges, members of Country Peoples Committee and member Local Peoples Committee, or presiding judge and two members Municipal Peoples Committee, or three members army selected by staff commander. Citizens may appeal to Local Committee electoral board and finally to local court in case names omitted unjustly. Local Committees begin drawing up electoral lists within 20 days after adoption law. The Council of Ministers will issue directives for proper execution of law.

Press publishes long statement made by Grol on electoral law in which stated, “This law cannot be accepted without prior promulgation of general laws which will guarantee civil rights”. He concluded statement, “I must announce with regret that group I represent is unable to commit itself regarding these measures and laws and must abstain from voting”.

Shantz
  1. In telegram 390, August 23, 1945, from Belgrade, the Chargé reported that the Provisional Parliament passed the electoral law by a vote of 370 to 16 on August 22. He also reported that people were already being refused the right to vote under the sweeping terms of the law. (860h.00/8–2345)
  2. Dimitrije Ljotich, a Serbian Fascist leader associated with the Dobrovoltsi or Serbian Volunteer Guard.
  3. The Slovene White Guard, a military formation associated with the Slovene Clerical Party. It fought against the Partisans in collaboration with the Italians and the Germans.
  4. A military formation organized in early 1945 out of remnants of Mihailovich’s Chetniks in Slovenia and Istria. It fought the Partisans in association with the White Guard and other German-sponsored organizations.