Post-war settlement in Europe and the Beneš decrees
The Beneš decrees are most often associated
with the forcible "population transfer" (deportation) in 1945-47 of about 2.6 million former Czechoslovak citizens of German ethnicity (see also Sudetenland) to Germany and Austria. However, they do not directly refer to it. Their advocates argue that the German exodus from Eastern Europe was agreed upon by the victorious Allied powers at the Potsdam conference.
Despite many disputes, it is generally assumed by both advocates and opponents of the decrees that by their enforcement, Czechoslovakia
collectively punished ethnic German and Hungarian minorities by expropriation and deportation to Germany, Austria, and Hungary for their alleged collaborationism with Nazi Germany and Hungary against Czechoslovakia during their struggle for secession from Czechoslovakia and annexation by Nazi Germany and Hungary. Advocates of the decrees describe that struggle as irredentism while opponents claim[citation needed] that the right of self-determination of minorities was denied and that their ethnic area was made part of Czechoslovakia against their wishes after World War I.
Some of the decrees concerned the expropriation of the property of wartime "traitors" and collaborators accused of treason, but of all Germans and Hungarians
collectively. They also ordered the
removal of citizenship for people of all German and Hungarian ethnic origin. (The provisions were cancelled for the Hungarians in 1948.)
This was then used to confiscate their property and expel around 90% of the ethnic German population of Czechoslovakia. The Germans were
collectively accused of supporting the Nazis (through the Sudeten German Party -- a political party led by Konrad Henlein) -- and the Third Reich's annexation of the German populated Czech borderland in 1938. Almost every decree explicitly stated that the sanctions did not apply to anti-fascists, though the term anti-fascist was not explicitly defined . Some 250,000 Germans, some anti-fascists, but also people crucial for industries were allowed to remain in Czechoslovakia.
Revocation of Decree No. 33/1945
On April 13, 1948, Czechoslovak government issued decree No. 76/1948 allowing those Germans and Hungarians still living in Czechoslovakia, to reinstate the Czechoslovak citizenship that had been revoked by decree No. 33/1945. The Slovakian Commissioner of the Interior also revoked the latter decree by issuing decree No. 287/1948.
Status today
With two exceptions, 89 of the Beneš decrees, edicts, laws and statutes, along with extensive pages of instruction for their enforcement, are kept valid by their continued existence in the statutes of the Czech Republic (1993) and the Slovak Republic (1993). These two successor states of the restored Czechoslovakia remain
unwilling to revoke the edicts and laws so as not to contradict the results of WWII.
Impact on today's political relations
The continued validity of the decrees has affected to some extent the political relations between the Czech Republic and Slovakia and their neighbours, Austria, Germany and Hungary.
Those expellees organised within the Sudetendeutsche Landsmannschaft (part of the Federation of Expellees) and associated political groups call for the abolition of the
Beneš decrees as based on the principle of collective guilt. European and international courts have refused to rule on cases concerning the decrees as most international treaties on human rights took effect after 1945/46.
Former Czech Prime Minister Miloš Zeman insists that the Czechs would not consider repealing the decrees because of an underlying fear that doing so would open the door to demands for restitution. According to Time Magazine, former Czech Foreign Minister Jan Kavan argued, "Why should we single out the Beneš Decrees?… They belong to the past and should stay in the past. Many current members of the E.U. had similar laws."
On 20 September 2007 the Slovak Parliament confirmed the decrees.
All ethnically Slovak members voted for the decision, only Hungarian minority leaders voted against it. President of Hungary, László Sólyom thinks that it will put a strain on Hungarian-Slovak relations.
Liechtenstein recognizes neither the Czech Republic nor Slovakia due to the decrees and confiscation of property from the Prince of Liechtenstein due to his profiting from Nazism.
http://en.wikipedia.org/wiki/Bene%C5%A1_decrees