Official Translation
REPUBLIC OF LITHUANIA
LAW ON THE OF FEBRUARY 16, 1949 DECLARATION BY THE COUNCIL
OF THE MOVEMENT OF THE STRUGGLE FOR FREEDOM OF LITHUANIA
January 12, 1999. No. VIII-1021
Vilnius
stating,
that since June 15, 1940, Lithuania has experienced the USSR, German and yet another USSR occupations,
that resistance under various forms, against the occupations by the USSR and Germany had taken place in Lithuania during the period of 1940-1990,
that the armed uprising of June 22-23, 1941 by Lithuania and the June 23, 1941 Appeal by the Provisional Government of Lithuania, did express the will of the nation to restore an independent state,
that the occupation authorities of Germany prohibited the activity of the Provisional Government of Lithuania, and that this gave rise to the formation of Lithuanian resistance organisations against that occupation,
that a universal, organised, armed resistance namely, self-defence, by the Lithuanian State, did take place in Lithuania during 1944-1953, against the soviet occupation,
that the Diplomatic Service of the Republic of Lithuania, the Supreme Committee for Liberation of Lithuania and other Lithuanian organisations abroad, did simultaneously strive for the freedom of Lithuania;
emphasising, that the goal of all the structures of armed and unarmed resistance was the liberation of Lithuania, relying upon the provisions of the Atlantic Charter and a sovereign right acknowledged by the democratic world, by bearing arms against one of the World War II Aggressors;
appraising the significance of the February 16, 1949 Declaration by the Council of the Movement of the Struggle for Freedom of Lithuania for the continuity of the State of Lithuania,
passes This Law.
ARTICLE 1. Purpose of the Law
This Law shall establish the status, within the legal system of the Republic of Lithuania, of the February 16, 1949 Declaration by the Council of the Movement of the Struggle for Freedom of Lithuania.
ARTICLE 2. The Council of the Movement of the Struggle for Freedom of Lithuania
1. The Movement of the Struggle for Freedom of Lithuania united military formations and public groups, was led by a unanimous leadership and engaged in resistance and struggled for the freedom of Lithuania by political and military means.
2. The Council of the Movement of the Struggle for Freedom of Lithuania, having adopted the February 16, 1949 Declaration (included with a facsimile copy of the original), constituted the supreme political and military structure, leading this struggle and was the sole legal authority within the territory of occupied Lithuania.
ARTICLE 3. Declaration by the Council of the Movement of the Struggle for Freedom of Lithuania
The February 16, 1949 Declaration by the Council of the Movement of the Struggle for Freedom of Lithuania shall constitute a legal act of the State of Lithuania.
ARTICLE 4. Final Provisions
The February 16, 1949 Declaration of the Council of the Movement of the Struggle For Freedom of Lithuania, with the facsimile copy of the original and a list of the signers (added) constitute integral additions to this Law.
Pursuant to provision of part two of Article 71 of the Constitution of the Republic of Lithuania, I promulgate this law passed by the Seimas of the Republic of Lithuania.
CHAIRMAN OF THE SEIMAS
OF THE REPUBLIC OF LITHUANIA VYTAUTAS LANDSBERGIS
Annex 1
Republic of Lithuania Law
January 12, 1999
No. VIII-1021
STRUGGLE FOR FREEDOM OF LITHUANIA
The Council of the Movement of the Struggle For Freedom of Lithuania, representing all of the military public groups headed by a unanimous leadership within the territory of Lithuania, namely:
c) Lithuania’s Western Region including, Kęstučio, Prisikėlimo and Žemaičių districts,
that is to say, in expressing the will of the Lithuanian Nation, reiterating the fundamental principles of the June 10, 1946 Declaration by the Supreme Committee for the Restoration of Lithuania, May 28, 1947 UDRM [United Democratic Resistance Movement] decisions and UDRM Declaration No. 2, and amending these by decisions, adopted on February 10, 1949, at a joint meeting of the UDRM Presidium and at the UDRM Military Council, declares:
1. The Council of the MSFL [Movement of the Struggle for Freedom of Lithuania], guided by the decisions of the UDRM Presidium and UDRM Military Council joint meeting of February 10, 1949, shall be the supreme political body of the nation during the occupation period, in charge of the political and military struggle for emancipation of the nation.
5. The governing of Lithuania shall be exercised by a Seimas elected through free, democratic, general, equal elections by secret ballot and an appointed Government.
6. A Provisional National Council shall have legislative power from the end of occupation to the assembly of a democratic Seimas of Lithuania.
7. The Provisional National Council shall include the representatives of all the regions, districts, teams, universities, cultural and religious organisations and movements and political parties having national support, under a united leadership, struggling in Lithuania and abroad and in keeping within the principle of proportional representation.
8. Upon restoration of Lithuania’s independence to assembling of the Seimas, the Chairman of the MSFL Council Presidium shall perform the duties of a Republic President.
9. The Provisional Government of Lithuania shall be formed upon the recommendation of the MSFL Council Presidium Chairman. The Government shall be held accountable to the Provisional National Council.
10. The Presidium of the MSFL Council shall maintain MSFL Delegated Representatives Abroad, who in co-operation with Lithuania’s accredited representatives abroad, shall establish commissions and delegations to defend and represent Lithuania’s interests before the United Nations Organisation, at various conferences and other international institutions.
11. Members of the MSFL Delegated Representatives Abroad Shall elect of their number a Chairman of the MSFL Delegated Representatives Abroad, who shall be considered a Deputy Chairman of the MSFL Presidium.
12. Members of the MSFL Delegated Representatives Abroad shall be considered full members of the MSFL Council.
14. Prior to the Seimas, a State Constitution shall be adopted and declared in keeping with human freedom and democracy aspirations and the restoration of the State of Lithuania shall be implemented in accordance with the statutes published in this Declaration and within the spirit of the 1922 Constitution of Lithuania.
15. The restored State of Lithuania shall guarantee equal rights for all of Lithuania’s citizens who have not committed any crimes against Lithuanian national interests.
16. The Communist Party, as dictatorial and in essence contradictory to the principal aspiration of the Lithuanian nation and the cornerstone statute of the Constitution, which is Lithuania’s independence, shall be deemed against the law.
17. Persons who have betrayed their Homeland during the Bolshevik or German occupation, by collaborating with the enemy, having by their actions or influence contributed to harm against the struggle for national liberation and have been stained by treason or blood, shall be liable before the Court of Lithuania.
18. The positive influence of religion in developing national morality and sustaining its strength during the most difficult period in the struggles for freedom shall be asserted.
19. Social care does not fall within the realm of individual citizens or organisations alone, but shall constitute one of the priority tasks of the State. Particular care shall be provided by the state to the victims of struggles and their families.
20. A rational solution to social problems and reconstruction of the state economy is linked to reform of agriculture, cities and industry, which shall be implemented at the very outset of independent existence.
21. The MSFL Council, in close union with the struggling nation, invites all Lithuanians of good will, residing within the Homeland and outside its limits, to forget the differences in their views and to join in the active task of national liberation.
22. The MSFL Council, joining in the efforts of other countries to create universally a constant peace founded upon justice and freedom, drawing support from a full implementation of the true principles of democracy stemming from an understanding of Christian morality and declared in the Atlantic Charter, Four Freedoms, President Truman’s 12 Points, The Declaration of Human Rights and other declarations of justice and freedom, appeal to all of the democratic world for assistance in implementing its goals.
Occupied Lithuania
February 16, 1949
Chairman of the MSFL Council Presidium Vytautas
Members of the MSFL Council Faustas
Kardas
Merainis
Naktis
Užpalis
Vanagas
Žadgaila
Annex 2
Republic of Lithuania Law
January 12, 1999
No. VIII-1021
LIST OF THE SIGNERS OF THE DECLARATION OF THE COUNCIL OF THE MOVEMENT OF THE STRUGGLE FOR FREEDOM OF LITHUANIA
The Declaration has been signed by:
Chairman of the Presidium of the Council
of the Movement of the Struggle
for Freedom of Lithuania: Jonas ŽEMAITIS -- VYTAUTAS;
Chief of Tauro District Aleksandras GRYBINAS - FAUSTAS;
Chief of the Regional Headquarters for Western Lithuania
Vytautas GUŽAS - KARDAS
Chief of Didžiosios Kovos District
Headquarters and Authorised Representative
of Algimanto and Vytauto Districts Juozas ŠIBAILA - MERAINIS;
Chief of Prisikėlimo District Headquarters Bronius LIESYS - NAKTIS;
Chief of Prisikėlimo District Leonardas GRIGONIS - UŽPALIS;
Acting Chief of Southern
Lithuania Region, Chief of
Dainavos District Adolfas RAMANAUSKAS - VANAGAS
Secretary of the Presidium of the
Movement of the Struggle for
Freedom of Lithuania Petras BARTKUS- ŽADGAILA