Act of Independence of Lithuania
The Act of Independence of Lithuania (Lithuanian: Lietuvos Nepriklausomybės Aktas) or the Act of February 16th,[1] also the Lithuanian Resolution on Independence (Lithuanian: Lietuvos Nepriklausomybės Nutarimas), [Note 1] was signed by the Council of Lithuania on February 16, 1918, proclaiming the restoration of an independent State of Lithuania, governed by democratic principles, with Vilnius as its capital. The Act was signed by all twenty representatives of the Council, which was chaired by Jonas Basanavičius. The Act of February 16 was the result of a series of resolutions on the issue, including one issued by the Vilnius Conference and the Act of January 8. The path to the Act was long and complex because the German Empire exerted pressure on the Council to form an alliance. The Council had to carefully maneuver between the Germans, whose troops were present in Lithuania, and the demands of the Lithuanian people.
Act of Independence
of Lithuania
February 16, 1918
Rough draft: House of the Signatories
20 representatives of the Council of Lithuania
To announce separation from the Russian Empire
The immediate effects of the announcement of Lithuania's re-establishment of independence were limited. Publication of the Act was prohibited by the German authorities, and the text was distributed and printed illegally. The work of the Council was hindered, and Germans remained in control over Lithuania.[2] The situation changed only when Germany lost World War I in the fall of 1918. In November 1918 the first Cabinet of Lithuania was formed, and the Council of Lithuania gained control over the territory of Lithuania.[3] Independent Lithuania, although it would soon be battling the Wars of Independence, became a reality.
The laconic Act is the legal basis for the existence of modern Lithuania, both during the interwar period and since 1990.[4] The Act formulated the basic constitutional principles that were and still are followed by all Constitutions of Lithuania. The Act itself was a key element in the foundation of Lithuania's re-establishment of independence in 1990.[5] Lithuania, breaking away from the Soviet Union, stressed that it was simply re-establishing the independent state that existed between the world wars and that the Act never lost its legal power. [6]
Path to the Act of February 16[edit]
Act of December 11[edit]
The Act of December 11 was the second stage in the progression towards the final Act of Independence. The first draft, demanded by chancellor Georg von Hertling, was prepared by the German Ministry of Foreign Affairs on December 1.[13] Further changes were jointly prepared by the German chancellery and by a delegation of the Council of Lithuania. The delegation's members were Antanas Smetona, Steponas Kairys, Vladas Mironas, Jurgis Šaulys, Petras Klimas and Aleksandras Stulginskis.[14] After discussion amongst the parties, a compromise was reached on the document's text. The German representative, Kurt von Lersner, insisted that not one word be changed in the agreed-upon text and that all the Council members sign the document.[14]
After the delegation returned to Vilnius, a session of the Council was held on December 11 in order to discuss the Act. It was adopted without any further changes. Fifteen voted in favor of the Act, three voted against it, one member abstained, and one did not participate.[14] It is not entirely clear whether every member of the Council signed this document.[14] The Act was written in German, and apparently no official Lithuanian translation was prepared. Therefore, different sources provide slightly different translations.[14] The Act of December 11 pronounced Lithuania's independence, but also asked the German government for protection (clause 2) and called for "a firm and permanent alliance" with Germany.[10] Since the Act specified that the alliance was to be formed based on conventions concerning military affairs, transportation, customs, and currency, many Lithuanians argued that the Council had overstepped its authority: the September resolution adopted by the Vilnius Conference clearly demanded that a constituent assembly decide these crucial matters of state.[13]