Rajko Shushtarshich – Ivo Antich
BUREAUCRATIC CANCELLATION OF THE INDEPENDENT REVIEW
(Three documents from the independent Revija SRP – Lives Journal)
Individuality of the LiVeS Journal
The guidelines of the LiVeS Journal are the three values of the orientation of the individual, that irrelevant shred in the system of institutions. These values are: Liberty, Verity, and Spirit. Each one of them is important in its own way, the infusion of these values is important.
This is also the intention of the LiVeS Journal editorial board, which is published in an updated version of Bohorichica – the primary Slovenian alphabet, the argumentation behind which is presented in Zbornik 2001 Bohorichica.
Creativity and autonomy themselves, their justification in research, are in principle and generally not questionable, no one, or next to no one will oppose such an orientation. It is not until concrete action is undertaken that the problem will occur, and it is therefore unevident and hidden or even already concealed and thus difficult to solve. The problem of abolishing creativity (and autonomy) presents itself in numerous, but seemingly irrelevant details. We can either leave them undetected or drop down to the tangible level, in other words – become preoccupied with trifles – and grow petty.
An institution with no memory is like a company without accounting, its strong and mighty do what they please because all they do is doomed to drown in the forgetful awareness of time.
The above motto is a quotation from The Value Orientations of Revija SRP (the original title was The Alternativeness of Revija SRP, now The Uniqueness of LiVeS Journal – Revija SRP), which appears at the end of every issue of the journal. This has been preserved ever since the first issue of Revija SRP (1-2, October 1993). According to the Program Revije SRP it should appear until October 2022, for the last time in the issue 152/153. However, if as it now seems we will not succeed, then at least until issue 131/132, Year 25, October 2017. A quarter of a century is not such a short period for an independent journal and if we consider that this at the same time represents a quarter of a century of attempts to abolish the journal, then I would say that this is almost unimaginable.
It can also be understood as an example of self-criticism, i.e. that I am aware that in documents I am too preoccupied with trivialities and have thereby become petty in nature myself. I make too many citations and the articles would be more attractive and at least more readable without them. But they would lose the power of concrete facts as evidence. So may everything remain as it is in the documents. (R.Sh.)
These lines are being written in the days in which all of Europe (and because of the global media echo actually the whole world) is preoccupied with the delirious mass assassinations in Paris which is still – at least symbolically – considered the capital of western culture. It is a simple fact that if such an act of terrorism is perpetrated somewhere in the Middle East, it is considered by the media to be only an item of »daily news«. In other words: it is a question of standards. Every act can be (manipulatively) measured, evaluated, explained, justified and excused. However, regardless of all this, in the core we are left with the concrete result of the act: the victim. The consequences are felt most acutely by the victim: injury, invalidity, death. Revija SRP was hit by a radical bureaucratic measure like an »ambush«. As has already been said elsewhere: The practical final result is: for over twenty years of activity a »prize« in the form of a punishment. – There are different possible explanations and counter-explanations (both legal and ethical) for the act but bureaucratic arrogance remains as ineradicable a fact as systematic terrorism. (I. A.)
PROGRAM OF THE TRULY INDEPENDENT REVIJA SRP (2013-2022)
The program of Revija SRP for the decade 2013-2022 comprises: 20 double issues Revija SRP (4 double issues have already been issued, 1 is currently being prepared); and 10 issues of the LiVeS Journal (two issues have already been issued, 1 is being prepared).
This is only the prospective program (in a certain sense: an anti-program or non-program) for the next, i.e. third decade in the unbendable, persistent cultural work of the institute Zavod Revija SRP. In their third decade, both journals will be issued »occasionally« (one or two double issues annually, sometimes not even one). In other words: the two reviews are in principle »occasionals«; they will come out whenever they come out; and they will exist for as long as they will exist. This will depend on how many articles for publication the »old guard« in particular will succeed in gathering and perhaps acquire some new writer or poet who would be prepared to contribute their work. See the documents below:
Regarding content or evaluating the value relationship with the systemsee the following documents:
Rajko Shushtarshich, Nashe razmerje s sistemom – Neodvisni SRP, Revija SRP 103/104, 142
Matjazh Jarc, Pravica ostati zunaj, Revija SRP 119/120, 68
Ever since the foundation of Revija SRP at Radiotelevizija Slovenija in 1993, the (oppressive) system has been trying to abolish the journal. The first attempts to abolish it came from the institution Radiotelevizija Slovenija, later these attempts came from the Ministry for Culture of the Republic of Slovenia. In a public tender in 2003, the Ministry for Culture rejected the journal’s application on the grounds that the application was »incomplete«. In a legally binding verdict in the name of the people in September 2009 this was confirmed by the High Court.
So for the system we no longer exist, we have been rejected – abolished. But for historical memory we nevertheless exist!
This verdict has made it possible for us to become a truly independent journal!
(See: Dokumenti urednishtva v Revijah SRP: http://www.revijasrp.si/knrevsrp/avtkaz/z_dokumenti.htm
Sodba v imenu ljudstva: http://www.revijasrp.si/knrevsrp/pogum2003-3/VSRSsodba.htm
Opombe urednika k sodbi v imenu ljudstva VS RS:
Ponudba Ministrstva za kultudo, v letu 2007:
It is therefore necessary to explain concisely once again the meaning of the: Program of a truly independent review. We have explained this on many occasions in documents and other articles in the review (including in the above), and above all in the e-book Zhigosana ustvarjalnost (Stigmatised creativity).
But only one thing is important: what we have shown and proved in 23 years (i.e. since October 1993) in our articles in both our journals (Revija SRP and the bilingual – Slovenian and English Lives Journal which appeared later). But who would be prepared for a suitable answer to look through so many published issues of the journal? Obviously no-one, so it is my duty to try and present concisely: what is for us a truly independent journal. Perhaps I should limit myself even more and say: what is a truly independent journal for me because in Revija SRP we do not expect identical thinking in important matters. It is after all a journal run by different individuals.
Maybe I will awaken some interest with the assertion that this – as far as I know – is for now the only truly independent journal in Slovenia (Revija SRP – alongside Lives Journal).
Initially (i.e. in our first decade) we could not achieve complete independence although we desired it from the very outset. We could only achieve true independence only after the system rejected us. Someone could say that we actually wanted this ourselves – that we provoked it. Perhaps … But we wanted to achieve above all our true independence. And we did!
And how can it be achieved?
Firstly by attaining financial independence. Tell me who you are financed by and I will tell you on whom you depend!
An independent journal has no sponsors or any other kind of patrons. An independent journal can therefore only be financed by its contributors (this is written on the first page of Revija SRP – in the colophon), so it depends only on itself – this could be a definition of independence. This also means that it does not feature advertisements. But this is the easiest thing to achieve.
We immediately rejected an offer from the Ministry for Culture in 2007 (MzK, Directorate for the media, gen. dir. Igor Prodnik), that we can apply to a tender for independent media: »We will of course not do this; we prefer to remain an independent media.« (Ljubljana, 19 May 2008).
Such a journal cannot depend even on its readers. As a journal is not a material item it does not appear on the market for goods and services! Even as an internet medium, the journal does not strive to have as many readers or visitors to its site as possible. We would prefer the opposite: the fewer readers there are, the fewer disagreements there will be! However, it is desirable that these rare readers are critical readers.
In terms of its value orientation, Revija SRP/LJ is unique (this uniqueness is mentioned in the note at the end of each issue).
The journal has a distinct Slovenian identity as it is written using the original Slovenian orthography (i.e. a modernised Bohorich alphabet). Reasons for the use of this orthography are published in three, specially issued thematic Zborniki:
BOHORICHICA I – Zbornik Revije SRP 2001; BOHORICHICA II – Zbornik Revije SRP 2003; BOHORICHICA III – Zbornik Revije SRP 2006.
Another important uniqueness of both Revija SRP and the Lives Journal is their maximal accessibility. They can be accessed on the internet – on two separate domains: revijasrp.si and livesjournal.eu. Their entire content is available also on USB keys (formerly on CDs). They have also been printed in book form. A copy of either issue is sent also to the National and University Library in Ljubljana (16 »compulsory« issues, and the NUL then sends 12 issues to the main libraries in Slovenia); we have an agreement with the Slovanska Library about people borrowing the journals and taking them home, and they can also be bought in the bookshop Mladinska knjiga Konzorcij (we do not charge for any issues that may be purchased). We also have an agreement with NUL about the inclusion of Revija SRP and Lives Journal in the so-called Digital Library of Slovenia.
That is why I will again make the bold claim: that Revija SRP and Lives Journal – as far as I am aware – are the most accessible journals in Slovenia (as well as further afield).
Our creative work thus far has, at least it appears so, been quite well protected against possible erasure by the system. But this is not enough. What is most important is that we ensure that both journals survive – that they may be preserved for our historical memory. For the Slovenian nation, as long as it exists, and perhaps for anyone else who may be interested in knowing what a truly independent journal had to say about the system.
Paper disintegrates, ink fades; we are counting on free internet. But there remains a question without an answer: How to ensure the durability of our two domains?
At least for now it appears that it is the system which has the last word in this regard, but not our Slovenian system but the global suprasystem.
In Ljubljana, October 2014
»THE BURDEN OF OWNERSHIP« – A BONFIRE FOR THE FEAST OF CREATIVE WORK? AND A FEW SMALL THINGS ABOUT THE VALUE OF WORK
A majestic bonfire was lit on Rozhnik above Ljubljana on the eve of 1 May 2015 in honour of the feast of work! Now this hill is known as Cankarjev vrh (Cankar’s Hill), I do not know if Ivan would have liked this? But let us take things in the order dictated by the title.
The burden of ownership fell heavily on my shoulders, as it does – if I am not mistaken – on the shoulders of Pilon in Steinbeck’s Tortilla Flat. My friends rid themselves of the burden by burning down the house – in one of the drunken scenes. Virtually nothing remained of my property because I refused to bow to the system’s desire to abolish Revija SRP. I was left with only the ARCHIVE, STOCKS and OWNERSHIP SHARE (the archive of publications and the acts and stocks of the institute and the ownership shares in it).
For a better understanding of this strange introduction may I also say that the problem is unique and cannot be generalised to include other journals and books because Revija SRP and Lives Journal are something special amongst journals – they do not appear on the market for goods and services and have no price! Many years ago the Ministry for Culture offered to help us place ourselves on the market (Majda Shirca) but we did not accept this offer. Had we done so you can imagine what kind of burden we would have brought upon ourselves. And not just a heavy burden but also unpayable burdens and consequentially the certain ruin of the institute.
Should we perhaps burn down the ARCHIVE and the STOCKS? A bonfire for the feast of creative work! Such an act of demonstration-protest may be interesting for certain media. However, this would demand a fair amount of unnecessary physical effort as well as a certain measure of conspiracy.
Should we perhaps throw them into a waste bin? Recycling old paper is a commendable act nowadays which is unavoidable for bookselling! If truth be told, quite a large amount of our stocks has already ended up in the paper waste bin on Mikloshicheva ulica. However, this too demands good physical condition which I no longer have as well as a certain measure of apathy, which I do not yet have enough of.
At least for now, it seems to me that nothing will have to be done as things are subject to the natural law of decay.
When I considered the administrative affairs of the institute once more, I realised that my proposal is unrealistic, hard to realise and also questionable in terms of meaning. After all this is an asset which has no price and is valued by no-one. This is why it really is best if we do nothing in this case (the archive, stocks and burden of ownership). This is how I confirmed the initial hypothesis. This led me to ask myself the more essential question about the purpose of the institute – the COMPANY: REVIJA SRP. The company is not the journal, it is only named after the journal and even this is officially only the shortened name of the company. The whole name of the company is: THE INSTITUTE FOR PUBLISHING IN THE FIELD OF CULTURE AND ART, Revija SRP (Liberty, Truth, Courage), Ljubljana. It was devised by the judge Gorshe Mushich Helena, District Court Ljubljana. That was on 20.1.1999. It continues to burden me to this day! The institute is an institutional formation of the system – an organisational form which serves the system. Who could be served by so much unnecessary administrative work (Media record, reports for Ajpes, Durs, MzK, MzF, etc. institutions)? Certainly not Revija SRP, we do not need it for ourselves, we could manage without all the above – the unnecessary administration for us and also without the archive and the stocks.*
I did not have the smallest doubt about the purpose of creative work. For the end of my composition I will summarise in the unique propaganda supplement a few thoughts from the specially chosen article for this occasion – the feast of work:
Concerning the value of work
»The value of work is one of the most manipulated and manipulable values, it is convenient for substantiating anything, it is used particularly frequently in the value system of the institutional structure. We could say that work is a value which can very easily be manipulated with, which is so valued, so dear to ideologues, often used and abused, basically a value which simply begs for manipulation.
Before I go on to describe its level structure, I will attempt to illustrate its particularities, but only a little as they are inexhaustible in their modalities and variations. Amongst the values which give ground to the existing order of the system and its institutional hierarchy, the value of work – non-work has a very special place in that it is indispensible in all of the world’s systems as a declared, or declarative value. Within it is exposed the mysterious meaning of the value which liberates man. Not long ago we knew it in its incarnation as »Arbeit macht frei«. And despite the fact that one of the most powerful propaganda systems in the world hung it on the triumphal arches of death, it has not been worn out at all, i.e. it has not lost any of its relevance, usefulness (although we know that values get worn out with declaration). Nowadays too there is no lack of labour camps in which forced labour liberates, re-educates, socialises man. Condemning someone to forced labour is a favourite prize for someone who has shown disloyalty to the system and it is followed by the incriminated individual being moved to the upside down part of the institutional pyramid (hierarchy), all this so as not to mar its brighter, better illuminated superstructure. In a broader sense any work that is done by the individual with unwillingness, reluctance, covert coercion (whether it is of a material or immaterial nature), is anything but his liberation.
Why can work be such an attractive value? Work is a synonym for man’s activity, which on its own is neutral and is the agens, which begs to be directed, to be given a value orientation. So work always means something that is defined and value oriented only together with some meaning supplement, which is usually unexplained, but can be deduced from the context, deciphered or at least sensed. In socially valid value systems it most often appears in the following connections: organised work, leading, managing and mental or physical work, measurable, routine and automatized work, unlike the automatic work of robots, referred to in the continuation as disciplinary work (in this modality it undoubtedly emphasises the sharpening of the order and the consolidation of the hierarchy of what exists), and so on without end and ever increasingly erasing its amorphic essence in longer and longer compound words of our newspeak, but which I will not list. So there is nothing more left for me to do than to add a few longish but illustrative descriptions of work:
– work is a vital force of the hierarchy, its dynamics which must still be filled with the actual value orientation because the value orientation must still be filled as only work on its own cannot be a value (!);
– work on its own does not liberate. For it to liberate it must be elevated to the level of spontaneity, connected with creativity or with freedom itself which, however, has been an exception rather than the rule in institutionalised work throughout human history (in this case the description is a little longer as I expect the greatest amount of frowning to be done over this desecration of work);
– work is separated, dismantled work (»social separation of work« is actually first the division of value orientations followed by their institutionalisation).« ...
*The archive and stocks of printed publications of Zavod Revija SRP and the shares of ownership (official):
Keeping the stocks and archive of the institute:
The shares are formally »owned« by both founders of the institute Revija SRP, they are tied to the temporary ownership shares which are published annually in the Official Gazette of the Republic of Slovenia, the last one having been published in February 2015. But this is so only officially. In reality the stocks are accumulating at the headquarters of the institute. The current stocks of the institute include Revija SRP, stocks of the Lives Journal, editions of the Zbornik Bohorichica and printed books from the edition Pogum, as well as some of my publications from times gone by (from the period of ISU and RTV L/S).
The STOCKS have not been counted precisely for some time now; let us say that they still number around 1,500 copies.
The ownership shares of the INSTITUTE REVIJA SRP – or more precisely the »burden of ownership« – could be separated out amongst the interested contributors in proportion with the share of archives and stocks they keep at home. Information about persons who have shares in the property of the publisher, on the basis of articles 64 and 14 of the Law on media (Official Gazette of RS, no. 35/01), which is published by REVIJA SRP, could be updated regularly and shared out amongst the interested contributors or by 2022 at the latest.
The sale of journals: as has already been said, the journals do not feature on the market of goods and services so they have no price. The only exceptions are 2 copies of Revija SRP and the Lives Journal, which are in commission sale by Mladinska knjiga in Knjigarna Konzorcij, Slovenska 29, Ljubljana. We do not set the prices for these copies. It is the seller who decides how much he sells them for. We do not charge for the sold copies of the journal and publications of the editions (the rebate is 100%).
(The composition: O vrednoti delo v celoti pa glej: Rajko Shushtarshich, O vrednoti delo Revija SRP sht. 33/34, oktober 1999, str. 126, ali v Traktatu o svobodi, Lumi, 1992, str. 71.)
In Ljubljana, May 2015
Rajko Shushtarshich – Ivo Antich
MORE ON THE ATTEMPTS TO ABOLISH THE INDEPENDENT JOURNAL REVIJA SRP
Ever since the foundation of Revija SRP at Radiotelevizija Slovenija in 1993, the (oppressive) system has been trying to abolish the review. The first attempts to abolish it came from the institution of Radiotelevizija Slovenija, later these attempts came from the Ministry for Culture of the Republic of Slovenia. In a public tender in 2003, the Ministry for Culture rejected the review’s application on the grounds that the application was »incomplete« – one document was supposed to be missing which was not part of the tender.
In a legally binding verdict in the name of the people in September 2009 this was confirmed by the High Court. – Martina Lippai, Sodba v imenu ljudstva – predsednica senata VS RS.2
However, the Ministry of Finance – the financial administration of Slovenia – has abolished Zavod Revija SRP by giving a drastic fine. PAYAMENT ORDER number: DT 71010-502091/2015-2 (03-060-09), date: 15.09.2015, delivered: 22.09.2015:
1. offender: REVIJA SRP on the basis of paragraph 1, article 397 of ZDavP-2, fine of €1,200;
2. offender: SHUSHTARSHICH RAJKO on the basis of paragraph 3, article 397 of ZDavP-2, fine of €600 – Issuer of the order, authorised person FURS: Anton Vidmar, financhni kontrolor svetovalec specialist.3
So they have abolished us as an Institute, or more precisely: we were forced to abolish ourselves.
That is why (self)abolishment is the only logical solution as treating Zavod Revija SRP and the activity of its founders and collaborators as »ordinary« profitmaking-business really is unnecessary, pointless and unbearable legal-formal prevention of (»taxation«, »punishment«) of completely non-profit activity in the general, national, cultural interest. The practical end result for twenty years of activity is: a »prize« in the form of a fine.
An expensive lesson but now it is at last clear that the Zavod (Institute) was not the right form of institutionalisation for the independent Revija SRP.
On 5 October 2015, the Council of Zavod Revija SRP decided to cease (extinguish) the activities of Zavod Revija SRP.4
However, the Zavod ceases in the cases and according to the procedure stipulated by the law (which does not exist).
»The Law governing business companies – ZGD-1. defines the procedure of liquidation for businesses (d.o.o., d.d. and others) and it explicitly does not apply to institutes but is at the same time the only valid regulation which can be used in this particular case. Consequently, it is also in practice that courts carry out the procedure of closing down the institute according to the terms of ZGD-1, as this is the only (analogous) order they can use.«5 However, there are cases in legal practise which show that the Zavod can be abolished, erased in a different way.
That is why we founders of the Zavod proposed two things on the same day, i.e. 5 October 2015, to the District Court in Ljubljana: an application to close the institute,6 that on the basis of facts and explanations listed in the application it accepts the decision to close – cease activities of the Zavod and erase it from the legal register and not according to the rules of the Law governing businesses – ZGD-1, because there is no analogy between the Zavod Revija SRP and a business.
Rajko Shushtarshich, P. S. (October 2015)
My personal commentary – solely as an individual (I):
The proposal was not accepted. According to the DECREE of the District Court in Ljubljana7, the liquidation of the Zavod should be carried out on the basis of Article 579 of the Law governing businesses (ZGD-1).
In the proposal to enter the changes in the legal register, we again proposed to the District Court in Ljubljana that the Zavod is erased from the legal register, as it is explained in the second paragraph of the application to cancel the institute (on: 5.10.2015, completed on 14. 10.2015)8
that on the basis of the listed facts and explanations and the information available to the court on AJPES and DURS/FURS it accepts the decision to cease the activities of the Zavod – the Erasure of the Institute from the legal register according to the rules which are suitable for the Institute and not according to the rules of the Law governing businesses – ZGD-1:
because there is no analogy between Zavod Revija SRP and a business; with the additional explanation: that the bank account of the ZAVOD ZA ZALOZHNISHTVO NA PODROCHJU KULTURE IN UMETNOSTI, Revija SRP /Svoboda, Resnica, Pogum/ (in the process of being liquidated), based at: Prazhakova 13, 1000 Ljubljana, has been closed since 15. 1. 2010, and that it actually no longer exists. (See also: the decision of the District Court (20.10.2015)9 and the appeal against the decision (dated: 23.10.2015)10 But there is an independent medium called Revija SRP, which was and is as it was before the Zavod was founded, and will exist also after the Zavod is liquidated. This will therefore only be the end of the institutional structure of the system – the organisational form which only serves the system. Who could possibly be served by so much unnecessary administrative work (media record, reports sent to Ajpes, Durs, Furs, MzK, MzF, and other institutions)? Certainly not Revija SRP, we do not need this for ourselves.
To finish my commentary (I) l can say: this matter is ad absurdum, without comparison, one absurdity after another. While some are adding noughts horizontally – e.g. in their wages, we are adding them vertically – in annual reports for AJPES and DURS/FURS.11. As it appears, the court with its decisions and verdicts does not want to abolish the Zavod. 12 13 For the state fines are a negligible but important source of income. But it wants to abolish the independent Revija SRP, its creativity – the disturbing freedom of thought and expression of the journal’s contributors. And it has been doing this since 10 September 2009 with a verdict in the name of the people by the High Court of the Republic of Slovenia.
In Ljubljana, October, November 2015
To be continued!
9 sklep Okrozhnega sodishcha: http://www.revijasrp.si/knrevsrp/pogum2003-3/okro-sod_sklep20okt2015.doc
10 pritozhba Okrozhnemu sodishchu: http://www.revijasrp.si/knrevsrp/pogum2003-3/Pritozhba_sklep_Okrozh_sod_23okt2015.doc
12 sklep Okrozhnega sodishcha 9. nov. 2015: http://www.revijasrp.si/knrevsrp/pogum2003-3/okro-sod_sklep9nov2015.doc
13 pritozhba Okrozhnemu sodishchu 2: http://www.revijasrp.si/knrevsrp/pogum2003-3/Pritozhba_sklep_Okrozh_sod_9nov2015.doc
Links to other documents in this case, see: http://www.revijasrp.si/knrevsrp/pogum2003-3/UKINITEV_Zavoda.htm
Documents that are on the Internet are identical to the original, except that the latter is signed.
Continuation until 8 February 2016:
From: The Summary of the Absurd Attempts to Abolish Revija SRP *
(only the General Absurdity and at least the temporary, perhaps also the final conclusion)
– The SYSTEM by its nature »enables«, i.e. disables creativity in the independent journal Reviji SRP. The system on its own »as it is« strives for complete control of everything that is institutionalised. »Looking more broadly, we stumble across the mysteriousness of the evaluation of Slovenian cultural creativity. We will probably never find a satisfactory answer, at least not one which would show minimal consensus between the protagonists, the cultural directors on the one hand and the authors/artists on the other as the former enable or disable culture, art and artists while the latter solely put culture and art into practise. But we still try now and again.« (Rajko Shushtarshich: Open closed letter MK RS, II – to Majda Shirca, More on values and evaluation;
An at least temporary, perhaps also final conclusion:
I have the habit of giving my entirely personal opinion on the matter at the end – as the individuum Rajko Shushtarshich:
As the former »paper« director of the Institute I must still be occupied with this matter, but only so far as is unavoidable; my colleagues (co-editors, participants in the matter) do not have to. This summary will be enough for them as my colleagues in the journal take my word for it.
»They« can do–judge only what is in their interest. From experience in the administrative exploration of institutions and tackling mighty institutions of the system I can assume that the decision is known already at the very outset, regardless of the facts – evidence. But they will not live to see me complying with the abolishment, liquidation of the Institute for ... according to ZGD-1. – by analogy with the liquidation of businesses as there is absolutely no analogy between the Institute Revija SRP and a business. I am not a fool to dance to »Their« out of tune rhythms.
I wish them many years of the Institute’s successful economic activity. The sanctions that follow are not unexpected.
The individuum cannot change the system,
but he can prevent the system from changing him.
And that is not negligible!
Ljubljana, 8 February 2016
Translated from Slovenian by Marko Petrovich