THE ROMANIAN - HUNGARIAN TREATY (1996) AND THE
NATIONAL MINORITY ISSUE. A
CASE STUDY
Vasile Puscas and Radu Aldea, Christian Chereji, Vasile Dancu, Dacian
Duna, Francisc Kiss, Dan
Lazar, Alina Onita, Radu Moldovan, Dan Sandor
The Romanian -
Hungarian Treaty (1996) expresses the willingness of the two Parties to
cooperate, it also proves their capacity of regulating disputes through
negotiation, it shows their strong aspiration to
become full members of the Euro-Atlantic institutions. This paper focuses on
the legal bilateral framework this Treaty creates regarding the subject of
national minorities.
CONTENT:
2.
Short history of the Romanian - Hungarian relations (1918 -1989)
3.
The negotiations for the Romanian - Hungarian Treaty
4.
The main goals of the Romanian - Hungarian Treaty
5.
The Treaty - a project of Romanian-Hungarian Reconciliation ?
6.
The Romanian society and the national minorities
7.
The legal and theoretical framework of the minority issue in the Romanian -
Hungarian Treaty
8.
Theoretical and functional models
9.
Idio-syncretic factors in the Romanian - Hungarian
relations
10.
The Central European Initiative and the Romanian - Hungarian Treaty
11. What else
needs to be done to avoid inter-ethnic conflicts in Romania ?
12.
Public policies and minority policies
13.
From reaction to evaluation and prospective
ANNEX
1 Official translation of the Treaty between the
ANNEX
2 THE INSTRUMENT OF CENTRAL EUROPEAN INITIATIVE ON THE PROTECTION OF THE
RIGHTS OF NATIONAL MINORITIES AND THE TREATY BETWEEN
ANNEX
3 Attitude de la population par rapport aux droits
collectifs (
ANNEX
4 THE POPULATION OF
1. Introduction
The issue of Romanian - Hungarian relations is a
very important one for both the peace of the region of
2.
Short history of the Romanian - Hungarian relations (1918 -1989)
At the end of 1918, the victory of national
principle and that of the right to self-determination of the people was a
reality made possible by the will and the fight of the nations under favorable
political-military circumstances. This reality was objective and the Paris
Conference could not change the people's decisions and the palpable realities.
After the Trianon
Treaty,
Between the Two World Wars the Hungarian
political philosophy was dominated by the principle of total revisionism
("everything back"). The essence of this strategy was the finding of
those alliances with the states that could better sustain the territorial
claims of
Meanwhile, there is a new issue that occurs in
the
At the same time, the Constitution of 1938
adopted the"equality of rights" principle
referring to the treatment of ethnic minorities. The "Status of
Minority" overruns the principles established by the "Treaty for the
Protection of Minorities" and included precise indications for conflict
managing.
On August 30, 1940, Germany and Italy
"arbitrated" the relation between Romania and Hungary compelling
Bucharest to yield a large part of Transylvania to Hungary, with a surface of
43492 km and a population of 2.6 million, with 50.2% Romanians, 37.1%
Hungarians and Szeklers, plus Germans, Jews and other
ethnic minorities. The fact that during the Second World War,
The Peace Treaty concluded by the UN in
The establishment of communism was a more complex
change, and the role played by the "minority issue' in this process
influenced the treatment of this problem. In 1945-1946 the leaders of the
Hungarian minority considered that Marxism was the main guarantee for the future
of the ethnic community and focused their forces on supporting communism.
Consequently, under the supervision of Soviet Kommissars,
the "democrat popular state" was established and "solved"
the national problem of
After 1960, the situation of the Hungarian
minority in
After 1982, the Romanian-Hungarian relations were
tense because of the minority issue,
A new "scandal" between
On
3.
The negotiations for the Romanian - Hungarian Treaty
After the fall of the Berlin Wall, the the public opinion's expectations, both in
In May 1991
The Treaty between
At the beginning of the `90s the situation in
"The Stability Pact" was a
"preventive diplomacy" initiative launched by the French Prime
Minister Edouard Balladur
in April 1993.The French Prime Minister's proposal came at a time when the end
of Soviet Communism did not bring peace and quiet to all tensions. Central and
Both
4.
The main goals of the Romanian - Hungarian Treaty
The signing of a treaty of good understanding,
cooperation and good neighborhood between
From the Euro-Atlantic integration perspective,
the signing of the Romanian-Hungarian Treaty represents a step forward, as the
EU and NATO cannot approve of disputing neighboring countries. Having as a
model the reconciliation Treaty between
- The mutual observance of borders - the fourth
article in the Treaty, referring to the frontiers between
- The regulating of minorities' rights - the
acknowledgement of those rights is based on the Council of Europe Framework
Convention concerning minorities' rights, a document mentioned in the Treaty in
the first paragraph on this subject. The 1201 Recommendation, an annex to the
Treaty, is included by interpretation of both Parties.
- Mutual support for the integration in the Euro-Atlantic
structures - the seventh article in the Treaty states that the Parties agree
that they would make contacts and would cooperate within international
organizations, including regional and sub-regional ones. The Parties agree on a
mutual co-operation in view of their integration in the EU and NATO.
The Romanian-Hungarian Treaty also refers to the
mutual cooperation in the field of scientific research, cooperation at
sub-regional and regional level, for eliminating pollution, the regulation of
the traffic on the river
If the hope to join NATO created mutual
obligations for improving these relations, we may say that the admission of
The tactics of school children should not be used
in the Romanian-Hungarian relations. The Romanian-Hungarian relations have been
arranged in the communist era as a part of Romanian-Soviet and Hungarian-Soviet
relations. It is time
5.
The Treaty - a project of Romanian-Hungarian Reconciliation ?
The signing of the Treaty between
The example of improved German-French relations
bottom-up, from society to diplomatic and political strategies, would be
important for the similar Romanian-Hungarian process. The Hungarian and
Romanian minorities should be engaged in this mechanism, very difficult to
follow, of a close relation from bottom to top. The life experience of the
Hungarian and Romanian minorities generates optimism through its normality,
which is beyond and often contrary to the policy or the behaviour
of the parties representing the same minorities.
The problem that frequently appears in
Romanian-Hungarian relations is Hungarian minority status in
In 1994, Gyula Horn
confirmed that
Nevertheless, confusions, misunderstandings and a
nationalist rhetoric gave way to some "fiery" discourses about the
Hungarian minorities in
As to the Treaty, it must be said that in few
months the Hungarian side, during negotiations with the Romanian side, gave up
its previously strong claims on the minority status. They accepted some
compromise that shortened the delay before the signing of the treaty. This is a
proof that Romanian-Hungarian relations cannot be established at an acceptable
level as long as the Hungarian side does not give up on its discourse about the
" poor" situation of the Hungarian minority
in
Another point of respecting the
Romanian-Hungarian Treaty will be the behavior of both countries that are part
of different "waves" of European integration.
Under the circumstances there is a possibility
that the Romanian-Hungarian relations shall not improve and the Treaty shall
not be the sign of the Romanian- Hungarian historic reconciliation that the two
governments have talked so much about during the months when they negotiated,
signed and ratified the documents under discussion.
6.
The Romanian society and the national minorities
The Romanian political scene is different after
1989 concerning its focus on national minorities. The interest of the political
elite concerning the minorities' issue differs according to their formulated
policy (left-wing or right-wing). The leaders of the national minorities'
organizations state that they have a better cooperation with center-right
Romanian political parties. Clear examples of this are the political actions
taken after 1996, when a center-right coalition government, together with the
Hungarian Alliance, came into power in
The policy on national minorities was also
enforced by
The government program announced by the Coalition
in power from November 1996 includes, in consistence with the EU requests, the
creation of "the legal framework to ensure to national minority members
the right to preserve, develop and express their ethnic, cultural, linguistic
and religious identity".
The proportion of national minorities in
The Gypsies, because of their specific problems,
are under observation by a special office within the National Minorities
Department - The National Office for the Social Integration of the Gypsies. In
the Romanian society after 1989, the Gypsy issue is considered to be one of
most importance that has to be solved immediately. The solving of this problem
depends mainly on the social-economic context, even if it seems to be an ethnic
one.
As to the German minority, the statistics show
that during the last 10 years it was reduced to 1/10, because of the emigration
to
The Hungarian minority has had the most dynamic
role in the Romanian political life, compared to the other minorities. It feels
close, from the point of view of its political program, to center-right forces,
which has determined its participation in the government coalition after 1996.
By analyzing DUHR's evolution, one can say that it
emerged as a representative of the Hungarian ethnic group in relation to the
Romanian government, and it assumed the attributes of representing the same
ethnic group in relation to
The Hungarian minority's desires are both general
(common non-ethnic aspirations of the entire Romanian society) and specific.
There is a group of claims formulated by DUHR as follows:
- The
restating of the Law on Education - the Hungarians in
- The
foundation of a Hungarian public university in
- The
retrocession of goods belonging to the Hungarian churches and other
religious institutions, which were confiscated by the Communist regime.
- Other
requests related to the preservation of the cultural, ethnic and
linguistic identity.
The Jewish ethnic group in
Obviously, each of the ethnic
groups in
7.
The legal and theoretical framework of the minority issue in the Romanian -
Hungarian Treaty
The policies protecting
national minorities are now one of the major concerns of the Council of Europe.
In order to understand the definition and organization of these policies one
has to start analyzing the activities of the Parliamentary Assembly of the
Council of Europe. This institution designed the Framework Convention for the
Protection of National Minorities, inspired by the International Convention of
the UN and the OSCE. The Framework Convention confirms the principles included
in the 1201 Recommendation on the definition of a national minority:
- it
belongs to the territory of the respective state;
- it has
ethnic, cultural, linguistic, religious characteristics;
- it has
old, solid and lasting relations with the state;
- it is animated by the willingness to preserve its
identity, culture, religion and language.
The policy of minorities
refers to the establishment of the regulation defining the objectives that the
signatory states must follow - the implementation of principles in
international documents concerning the rights of national minorities has to be
accomplished by national laws and by governmental policy of each state.
The minorities, by their
political actions, confirm the desire to consider cultural diversity as a
process of enrichment, not of division, of each national society. The reference
to traditions does not mean the approval or acceptance of actions contrary to
national and international law; traditional practices must be consistent with
the respect of public order.
The international documents
impose equality and non-discrimination as a fundamental principle. Promoting
the full and effective equality among persons belonging to the minority and the
majority may require special measures to be taken by the state. The state has
to be careful not to violate the rights of other persons by taking such
measures. This principle requires the application of these measures to the very
extent that is needed.
The final documents of the UN,
the OSCE and the EU stipulate the reinforcement of social cohesion, the
favoring of tolerance and intercultural dialogue, the erasing of the barriers
between persons belonging to minority and majority, supporting intercultural
organizations which promote mutual respect and understanding. The signatory
states commit themselves to encourage the right of specific expression and
initiative of the regional minority language; to ensure that the authorities
organize and support cultural activities integrating the minority regions in
the cultural area belonging to all citizens; to secure the presentation and
publishing of journals, books, newspapers, etc, written in the language of the
minorities; to promote the translation into the language of the minorities of
the commercial, economic, social, technical, political and legal terminology.
The same situation applies to
the right to use the minority language; mention is made that the signatory
states will ensure, if so needed, circumstances allowing the use of the
minority's language in relation to the administrative and legal authorities:
- to
publish the administrative texts in bilingual form;
- to
permit to the administrative authorities to formulate documents in the
mother tongue of the minority;
- to
allow the Court proceedings in the minority's language;
- to
consider legal any judicial initiatives and procedures concerning the use
of the minority's language and to provide interpreters and translators if
necessary;
- to assure the right of everybody who stands in Court to
speak their mother tongue.
The right to create and to
manage private education institutions is formulated under the reserve of
respecting the rules governing compulsory education. Also, these institutions
must observe the same rules and standards and to accept the same control
systems applied to other similar institutions, especially with regards to the
quality of education. The official acknowledgement of degrees is important, and
national laws have to be based on objective criteria without any
discrimination.
The commitment of the
signatory states to recognize the right of any person to receive education in
his/her mother tongue does not require all positive actions of the state (for
example, financial assistance). Similarly, the obligation of providing
education in minority's language depends on multiple elements, such as a real
need of the persons belonging to a minority and the effective capabilities of
the state. Whatsmore, the right to education in the
minority's language cannot obstruct the learning of the official language.
These principles were applied
in the Romanian - Hungarian Treaty (see Annex 1). The purpose was to protect
and promote the ethnic, cultural, linguistic and religious identity of the
Romanian minority in
8.
Theoretical and functional models
The political analysts and
strategists often make reference to certain models in their attempt to find
solutions for the minority ethnic groups and the states. For
After the signing of the
Romanian - Hungarian Treaty and the elections in
The models mentioned above are
case studies relevant to a certain type of society and a specific regional
context. It is worth remembering that all these models have a history, they are
not mechanical schemes but the result of experiments proved in time. Thus, for
the Romanian case it is less useful to try to apply a "model" which
exists elsewhere. Actually,
9.
Idio-syncretic factors in the Romanian - Hungarian
relations
- In
consistence with Romanian press, political analyses and opinion polls (as
carried out by IMAS, SOROS, the "Babes- Bolyai"
University's
- The
press, the political discourses, etc. insist to some extent on the topics
of cooperation; but when these topics are present, the conclusions are
either too optimistic or oriented toward pessimism and distrust;
- There
are few clear illustrations of discrimination towards the Hungarian
minority, and when these illustrations occur they start from voices
considered "radical"; also, they are correlated with the
reflections of assimilation by the Romanian society, and eulogize
Hungary's integrating political options regarding the same topic (the
Hungarian minority in Romania);
- The
focus on false problems- used as a method of diverting the public
opinion's attention from pressing concerns (cf. Doina
Cornea);
- The use
of ambiguous concepts, while claiming own adjustments of certain so-called
European precepts (autonomy, self-determination, nation state, nation,
European, federalism, etc.);
- The
frequent reference to certain delicate issues and areas, which include no
realistic solutions, and which generate public emotional outbreaks;
- The
understanding of the majority-minority (Hungarian) relation by the syntagm: "the minority's dictatorship"
- The
absence of correlation between the programmatic discourses and the action
strategies of the government and DUHR (the preference for ambiguities)
- The
politicians' image and reactions are analyzed only by the political
party's option as "pro- Romanian" and "pro-
Hungarian", or "anti - Romanian" and
"anti-Hungarian";
- The
permanent and immediate emphasis on the radical/ extremist discourses - as
a stage of the "confrontation of extremisms" (points out, in
fact, the option for the maintenance of an atmosphere of confrontation,
the upkeep of the pathetic and the making more difficult the formulation
and the interception of the rational solutions);
- The
discrepancy between the elite and the common people's speech regarding the
quality of the majority-minority relations;
- The
integrationist or segregationist relations of the Hungarian community with
- "The
image of the Other"- by reference to
- Europe's
opinions and attitudes regarding the minority issue (institutions, states,
news agencies, etc.) are often perceived as ambiguous expressions,
irritable discourses, false images (deliberate or not), preference for
sensitivity, partisan tones and discrimination, the new "European
curtain", dogmatic suggestions, Western-Eastern relations, etc.
- The
evolution of nationalism and ethnicism in
Western, Central, South-Eastern and
- The
influence of circumstances existing in the area:
- The
mythology of secret service activities, international financial
organizations, foreign and international plots, and other non-determinisms
belonging to the argumentation regarding the reactions of one party or
another concerning a delicate aspect of Romanian-Hungarian relations;
- The
models' virtues or non-virtues in the manner in which
- The
diplomatic discourse of Bucharest and Budapest is kept in the sphere of
protocol and ambiguity (the Romanian Ministry of Foreign Affairs only uses
affirmative words, reveals successes and encouraging images of
Romanian-Hungarian relations; the Hungarian Ministry of Foreign Affairs
reasserts that it supports DUHR's opinion which,
in fact, does not have affirmative assessments);
- From the
viewpoint of public opinion, the economic and commercial relations between
- The
treatment of the Romanian minority in
- The
quality of bilateral relations as a long-term strategic option , or as a
distinctive government option ;
- The type
of interactions between
a)
b)
c)
d)
e)
f)
g) et alia.
10.
The Central European Initiative and the Romanian - Hungarian Treaty
- This
paper addresses a very important issue in Central and
To start with, there is the
CEI approach, one of the most viable ways to solve regional problems regarding
Central and
All these necessary provisions
can be traced in the document signed at
The relevance of CEI to the
rights of national minorities was tested on many occasions. Even in 1990,
little before the Initiative, CEI organized a conference on the question of
minorities and in the next years there had been many other discussions and
meetings related to it. The final achievement was the conclusion, in November
1994, of "The Instrument of CEI on the Protection of Minorities
Rights". The instrument is based on universal principles and was drawn up
in cooperation with the Council of Europe and OSCE (ex-CSCE). The document
includes 27 articles. Next we will compare these articles with the provisions
of the Romanian-Hungarian Treaty related to the same subject. The main
difference between the two documents is the fact that the CEI Instrument is a
declaration and its legal power is less obvious than in the case of a treaty
like the Romanian-Hungarian one. The Treaty includes 25 articles, but only some
are related to the issue of minorities' rights, particularly article 15. In
addition, as we said before, many articles are closely related in substance to
the purposes of CEI. Such is article 6, foreseeing the development and
implementation of European cooperation mechanisms, article 7, foreseeing the
mutual support for joining European and Euro-Atlantic institutions and
cooperation on regional projects, many of which are related to CEI. The
provisions of articles 14 and 15 are closely related to the articles of the
Instrument of CEI. (see Annex 2)
As we have already stated, the
treaty signed between
The critics of the Instrument
of CEI may say that this declaration remains at the hand of the signatory
Parties, as long as they can interpret its provisions the way they want, given
the lack of its genuine implementation. In addition, the practice of some
political rights may become an impediment to the practice of other rights, such
as the economic one, for instance. This may be in direct relation to the lack
of settlement regarding such rights, or the fact that political rights could
encourage isolation, rather than integration into society. On the other hand,
another issue directly linked to the integration is the assimilation of
minorities. Some would rather avoid it. Another dilemma is whether CEI still
has a future or not, knowing that some of the countries are virtually EU
members, even though they just started negotiations and may become indifferent
to the CEI development. Also, some countries could be frustrated because of
their non-admission. Some hope remains, if we look at the fact that the desire
to join the EU remains powerful and the existence of national minorities is a
reality which needs an adequate management at present and in the future. The
treaty signed between
Finally we can sum up the
following: as shown already, there are many similarities between the two
documents studied in this paper. The resemblance may be due to common sources
of inspiration. Therefore we may say that the treaty can unofficially be based
on the Instrument.
11. What else needs to be done to
avoid inter-ethnic conflicts in Romania
-
- permanent
evaluation of the domestic and international context (political, economic,
social, etc);
- identification
of the dissatisfactions and aspirations of the parties in potential
conflict;
- searching
the real position of the state of origin and the clarification of its
interests concerning the host state and the minority living there;
- inter-ethnic
communication, assuring transparency and the trustworthiness of dialogue
partners of;
- pragmatic
orientation, in order to find reliable solutions ( short, medium and long
term );
- inter-community
dialogue and negotiations, to set up the "bridges" and to
identify the common interests of the Parties;
- inter-state
dialogue and negotiations, to assure the non-instrumentation of
inter-ethnic problems for domestic or/and international purposes;
- negotiations
between minority and the host-state, using as fundaments the inter-community
agreements, to correlate them with the general interests and strategies of
the state;
- detection
and management of potential dangerous variables in a preventive formula,
both by the majority and the minority;
- permanent
communication between central and local institutions of power, political
parties, NGOs, communities in the field of the policies concerning the
minorities;
- efficient
administrative decentralization in order to induce and stimulate local
policies formulated and implemented by the communities, correlated with
the state, region, European and international community strategies of
development;
In order to evolve toward
functional solutions, the above-mentioned opinions need a favorable context :
1. the subversive intervention
of the state of origins needs to be avoid, as well as the non-instrumentation
by it of the inter-ethnic difficulties in order to fulfill his regional or/and
international interests;
2. the
credibility of a minority during the negotiations is given mainly by how it
proves its loyalty toward the host-state;
3. the most desirable way in
terms of decentralization - the local administrative autonomy that could
generate realist local policies, correlated with the communities' aspirations
and resources. In this case, we could imagine the following situational schema :
Administrative local autonomy
=> Opportunity to formulate and implement local policies => Growing
responsibility of both the local leaders and communities => Identification
of the common interests of the populations belonging to majority and minority
=> Stimulation of the inter-ethnic cooperation to solve local problems =>
Dissipation of reciprocal suspicions => Decrease of inter-ethnic tensions
=> Inter-ethnic/inter-cultural communication => Respect and tolerance for
individual identities ( ethnic, cultural, religious etc ).
12.
Public policies and minority policies
In
In building minority policies
we should treat the following aspects that are reflected in the strategies of
minority and minority respectively:
1. Identification of their
interests;
2. Establishing key-points -
the difficulties they are confronted with;
3. Their plans of action;
4. Implementation of their
plans of action.
In order to avoid a conflict
between majority and minority we should start from those who represent them. In
this connection, the majority is represented by the government as well as by
its descentralized institutions in the territory. As
far as the minority is concerned, its representatives are the local authority, ONG's and their representatives at the central level (the
legislative one, the executive one).
From the point of view of the
majority, the implementation of a viable programme of
minority policies could contain the following:
1. Creation of a legislative
framework that would offer to local communities their possibility of
self-administration;
2. Spreading successful local
experiences with a view to increase communication among local communities;
3. Supporting projects of
inter-community development meant to contribute to the satisfaction of certain
mutual objectives;
4. Granting financial and
fiscal facilities that might help the development of the local community as far
as infrastructure, the attraction of investors, the
support of local initiatives are concerned;
5. Promotion of education in
the mother tongue in order to maintain the cultural identity of the minority.
As far as the minority is
concerned, the following directions of acting would be beneficial:
1. Direct manifestation of the
will of local authorities for community development;
2. Extension of communication
between local communities;
3. Inter community communication
with the aim of achieving mutual objectives;
4. Use of local potential in
order to attract the investors;
5. Support of local economic
initiatives (individual and community).
The
promotion of coherent minority policies that include principles of administration
and public policies both on behalf of central power factors and on behalf of
local communities might permit the achievement of a framework within which
individual prosperity and implicitly community prosperity might be attained.
This would also lead to the elimination of differences between different areas
(this is also one of the causes of conflicts). The increase of welfare would
bring about the lessening of inter community conflicts by creating conditions
for the manifestation of tolerance, acceptance of diversity, interculturalism.
The existence of prosperity
leads to the participation of community members to the solving of the
difficulties they are confronted with as well as to the development of
individual and intercommunitary communication.
Avoiding the conflict between majority and minority as a primary objective of
public policies could increase the responsibilities of the representatives of
the community as well as the transparence of public institutions parallel to
the development of the civic spirit, both of the individual and of the
community.
13.
From reaction to evaluation and prospective
For two centuries the issue of
ethnic minorities ( or nationhood ), has occupied an
important place on the agenda of international relations and we predict that in
the 21st Century the ethnic groups will play a significant role among the
non-state actors, which will manifest on the international system. Achille Vinci Giacchi affirmed, in
a session of ISIG, that in order to sustain an active presence of minorities on
the international agenda, first of all these should temper the centrifuge
forces, to probe the fact that they do not search for isolation, segregation,
but rather development of their identity in the context of existing state
structures and to contribute to the common progress (majority-minority).
An opinion poll from 1995
noticed that the population of
The European community and the
international community received with enthusiasm the signing of the Treaty,
excepting
In fact, the thing expected
after the signing of the Treaty was the entering in a normal stage looking to
the relations between the two peoples. The Hungarian ambassador to
Also, interesting appear the
perceptions of the effects of the Treaty at the level of public opinion. In a
general poll from 1995 over 34% from the respondents were convinced that in
The Romanian - Hungarian
Treaty generated a relaxing atmosphere in
The Romanian - Hungarian
Treaty is in itself a historical document. But its text has relevance only
measuring the interpretations elaborated by each Party. Several months ago,
when it was released a bilateral interpretation of the Treaty, the results
showed that in order to give substance to the text it is necessary to have
"a continue dialogue, the relations involving the two countries should be
intensified continuously" (Budapest). Also, the Treaty "should be put
in practice in a proper matter" (
14. Conclusions
The Romanian - Hungarian
Treaty (1996) represents the willingness of the two Parties to cooperate in all
fields, from the economic, commercial, cultural ones to that of the national
minorities. By this willingness to cooperate,
Including the subject of
national minorities in the Treaty, in consistence with the European standards
and the domestic laws of each country, the Parties proved their commitment to
find mutually acceptable solutions together to support the rights of national
minorities. Different interpretations of the diverse concepts mentioned in the
policies on national minorities are not excluded. For this reason, there are
consulting instruments included in the Treaty, as well as other mechanisms by which
the Parties can negotiate to get their positions closer and to formulate
solutions with real chances of application. Anyway, the Treaty creates only the
legal bilateral framework and points out the main concerns of the Parties in
the issue of national minorities. The solutions are coming from the
identification and the concrete, realistic management of particular issues,
correlated, evidently, with general strategies.
The European institutions -
CEI included - and the states interested by the issue of the right of the
national minorities have to analyze not only the situational prospective, but
the historical experiments of this century, especially after 1989. Starting
exactly with these analysis, the European community
encouraged the signing of the Romanian - Hungarian Treaty with the aim not to
generate "intrusive" interactions and not to provoke risks which
could have aggravated the regional situation. Keeping this in mind, we believe
that the evolution of the European and regional circumstances will continue to
determine the way the Parties will refer themselves to the Treaty, including
the minority issue. But, first of all, the Parties, showing European abilities
in negotiating and argumenting the Treaty, must prove
their willingness to apply it, having the main goal to achieve the level of
real useful and proper relations for their citizens and for the European
continent. Our analysis offers some ideas we hope will contribute to find some
realistic solutions of this subject.
ANNEX 1
Official translation
TREATY
between
the
Cooperation and Good
Neighborhood
The
- being convinced that good
neighborhood, mutual respect and cooperation correspond to the fundamental
interests of
- reaffirming that they are
committed to the human rights and fundamental freedoms, democracy, humanism and
the rule of law and expressing the conviction that their enforcement and
substantial enrichment constitutes the basis of freedom, justice and peace;
- being guided by their common
effort aimed so that Europe becomes a unified continent of peace, security and
cooperation for the benefit of all states and peoples, and determined to act in
order to develop such relations which would enable the advancement of these
goals;
- recognizing that national
minorities constitute an integral part of the society of the state where they
live and taking furthermore into account that their protection forms part of
the international protection of human rights and as such falls within the scope
of international cooperation, and that normalization of their cooperation in
this field constitutes an important contribution to stability and understanding
in Europe, to the strengthening of democracy in their respective countries and
to their integration into the European and Euro-Atlantic structures;
- reaffirming their commitment
to act in order to implement the purposes and principles contained in the
Charter of the United Nations,
the Helsinki Final Act, the Paris Charter for a New Europe and other documents
of the Organization on Security and Cooperation in
- being convinced that the
irreversible changes which have occurred in Europe and in their respective
countries open new perspectives in their bilateral relations; have agreed as
follows:
Article 1
(1) The
(2) The Contracting Parties
shall, both in their mutual relations and in relations with other states,
respect the principles enshrined in the Charter of the United Nations, the
Helsinki Final Act, the Paris Charter for a New Europe and other documents of
the Organization on Security and Cooperation in Europe, as well as other
accepted principles and norms of international law.
Article 2
(1) The Contracting Parties
shall act in order that Europe as a whole becomes a peaceful and democratic
community of states based on the rule of law and will contribute to the
safeguarding and strengthening security of this region, and to the guaranteeing
of peace and security based on cooperation, in accordance with their
obligations undertaken within the framework of the Organization on Security and
Cooperation in Europe.
(2) The Contracting Parties,
in order to strengthen European peace and security, support the continuation of
processes aimed at controlling and limiting European armed forces and armaments
to the level necessary for defense. They will furthermore support the
elaboration of new confidence-building and confidence-strengthening measures
and will strive at making similar steps in their bilateral relations.
Article 3
(1) The Contracting Parties
confirm that they shall, in their mutual relations, refrain from the use, or
the threat of use, of force against the territorial integrity or political
independence of the other Contracting Party, as well as from any actions which
are inconsistent with the purposes of the United Nations and the Helsinki Final
Act. They shall also refrain from supporting such actions and they shall not
allow a third party to use their territory for conducting similar actions
against the other Contracting Party.
(2) The Contracting Parties
shall settle any dispute arising between them exclusively by peaceful means.
Article 4
The Contracting Parties
confirm that, in accordance with the principles and norms of international law
and the principles of the Helsinki Final Act, they shall respect the
inviolability of their common border and the territorial integrity of the other
Party. They further confirm that they have no territorial claims on each other
and that they shall not raise any such claims in the future.
Article 5
(1) The Contracting Parties
shall, with the view to implementing the purposes of this Treaty, establish an
appropriate
framework for cooperation in all fields of mutual interest.
(2) When implementing this
Treaty, the Contracting Parties will attach special attention to the
enhancement of cooperation and the extension of relations between the
legislative and executive bodies.
(3) They will continue, at
different levels, regular exchanges of views in order to ensure further
development and deepening of their bilateral relations and to become mutually
acquainted with each other's views on international issues. Within this
framework, the Prime Ministers will meet at least once a year and the Ministers
for Foreign Affairs shall also meet annually with the aim of reviewing the
implementation of this Treaty.
(4) Regular meetings of
leaders of other different ministries and central agencies shall be provided
for in the agreements to be concluded between them.
Article 6
(1) The Contracting Parties
will, in order to contribute actively to preserving and strengthening of peace
and security in the region, support the further development and consistent
implementation of European cooperation mechanisms.
(2) If,
in the opinion of either of the Contracting Parties, a situation emerges that
may present a threat to
international peace and
security or to its own security interests, this Contracting Party may propose
to the other Contracting Party to consider jointly those steps to be taken in
order to ease the tension or to eliminate
the
emerged situation, taking into account the principles and mechanisms enshrined
in the Charter of the
United
Nations, as well as those available within the framework of the European
cooperation.
(3) The Contracting Parties
shall conduct regular consultations at various levels on questions of mutual
interest
concerning security and defense. Upon the request of either Party they shall
inform each other on the fulfillment of their international engagements
concerning security and disarmament, stemming from such documents they have
both subscribed to.
(4) Cooperation between the
military institutions of the Contracting Parties shall be realized on the basis
of a separate agreement.
Article 7
(1) The Contracting Parties
will broaden their relations and cooperation in international organizations,
including
regional and sub-regional organizations. They shall mutually support each
other's efforts aimed at integration to the European Union, NATO and the
Western European Union.
(2) The Contracting Parties
shall, together with other interested European countries, cooperate in the
realization of regional and
sub-regional projects and other forms of cooperation with the aim of promoting,
in the field of economy, industry, agriculture, ecology, transport and communication
as well as in other fields of mutual interest, the acceleration of development
of the countries participating in those projects and other forms of
cooperation. They shall encourage the participation of those directly
interested in the realization of these forms of cooperation and projects, in
accordance with the domestic legislation of the Contracting Parties.
Article 8
(1) The Contracting Parties
shall, on the basis of international trade practice and norms, develop their
economic cooperation and mutually advantageous trade in all fields of the
economy.
(2) For this purpose they
shall, in accordance with their domestic legislation and other international
obligations, incite direct contacts and cooperation between the participants in
the economy of the two States and will endeavor to create favorable conditions
for natural and legal persons of both Contracting Parties in order to enable
them to exert the undertaking of entrepreneurial, commercial and other economic
activity in the territory of the other Contracting Party.
(3) The Contracting Parties
shall also encourage and promote mutual capital investments and shall guarantee
their safety.
(4) The Contracting Parties
shall pay particular attention to the cooperation in the coordinated,
international standard-conform development of their national and interconnected
infrastructures, including their energy systems, transport and
telecommunication networks.
Article 9
(1) The Contracting Parties
shall support mutually advantageous and efficient cooperation in the field of
basic and applied research, with special emphasis on modern equipment and
technology.
(2) The Contracting Parties
shall encourage direct contact between, and the shared initiatives of,
scientists and researchers of the two countries, as well as cooperation between
scientific research institutes and libraries and other institutions
specializing in this field.
Article 10
(1) The Contracting Parties
shall cooperate, at sub-regional or regional level, in preventing, reducing and
eliminating the pollution affecting their territories, as well as in improving
the conditions for their ecological security.
(2) In the event of an
ecological catastrophe or of an accident threatening with such consequences or
of the risk thereof the Contracting Parties shall, without delay, inform each
other concerning the situation which has emerged and on emergency measures they
have taken.
Article 11
(1) The Contracting Parties
will broaden their cooperation between each other and with other Danubian
states,
keeping in view the development of Danubian shipping,
the cooperation of riparian states in all fields representing mutual interest,
as well as the prevention, reduction and control of pollution of the
(2) Furthermore, the Contracting
Parties shall cooperate on the questions of mutual interest between the two
countries related to the issues of transboundary
watercourses, on the basis of those bilateral and multilateral treaties which
the Contracting Parties are, or will be, a party to.
Article 12
(1) The Contracting Parties
shall promote their cooperation in the fields of culture, science and
education.
(2) The Contracting Parties
shall support the development of cultural exchanges between the institutions,
creative associations, non-governmental organizations and associations, as well
as the exchange of natural persons of the two countries and will conclude for
this purpose inter-governmental and inter-ministerial agreements and work
programs.
(3) The Contracting Parties
shall develop and promote, also on the basis of direct arrangements,
cooperation between universities, other educational institutions and the
scientific research institutes and centers of the two countries, as well as the
exchange of pupils, students, teachers, professors and scientific research
fellows. They attach particular importance to cooperation in the field of
vocational education and the post-graduate training of specialists and declare
that they are ready to broaden and deepen this cooperation.
(4) The Contracting Parties
shall encourage direct cooperation and exchange between archives, libraries and
museums, and shall grant, in accordance with the domestic regulation of the
given country, access to the source material available in these institutions for
researchers and other persons of the other country.
(5) The Contracting Parties
shall take the necessary measures in order to have the competent authorities of
the two countries examine the issue of recognition of diplomas with a view to
conclude an appropriate agreement in this field.
(6) Both Contracting Parties
encourage the teaching of the language of the other country in universities,
schools and other institutions, and they shall, for this purpose, grant support
for the training of teachers and the organization of education.
(7) The Contracting Parties
shall support the activity of their cultural centers and will make to a full
extent use of those possibilities offered by these centers for developing
mutual cultural exchanges, in accordance with the relevant bilateral agreement.
(8) The Contracting Parties
shall, in the interest of the realization of the aims established in this
article and the development of an institutional framework of bilateral
cooperation, act in order to conclude a new convention concerning cooperation
in the field of culture, education and science, as well as other appropriate
agreements.
Article 13
(1) The Contracting Parties
shall cooperate in the preservation of their cultural heritage and in making th two peoples mutually acquainted
with that heritage.
(2) The Contracting Parties
shall endeavor to protect historical and cultural monuments, memorial sites,
written
and material relics located in their respective territories related to the
history and culture of the other Contracting Party and will support their
preservation and will facilitate, in accordance with their domestic
legislation, access to them
Article 14
The Contracting Parties shall
promote the climate of tolerance and understanding among their citizens of
different ethnic, religious, cultural and linguistic origin. They condemn
xenophobia and all kind of manifestations based on racial, ethnic or religious
hatred, discrimination and prejudice and will take effective measures in order
to prevent any such manifestation.
Article 15
(1)
a) In regulating the rights
and duties of persons belonging to national minorities living on their
territories, the Contracting Parties undertake to apply the Framework
Convention of the Council of Europe for the protection of national minorities,
if more favorable provisions concerning the rights of persons belonging to
national minorities do not exist in their domestic legislation.
b) Without prejudice to the
contents of the preceding paragraph, the Contracting Parties shall, with the
aim of protecting and developing the ethnic, cultural, linguistic and religious
identity of the Hungarian minority in Romania and the Romanian minority in
Hungary, apply as legal obligations the provisions defining the rights of
persons belonging to such minorities as contained in the documents of the
United Nations, the Organization on Security and Cooperation in Europe and the
Council of Europe, listed in the Annex of this Treaty.
(2) The Contracting Parties
shall reconfirm accordingly, that the persons referred to in the preceding
paragraph shall have, individually or in community with other members of their
group, the right to freely express, preserve, and develop their ethnic,
cultural, linguistic and religious identity. Accordingly, they shall have the
right to establish and maintain their own educational, cultural and religious
institutions, organizations and associations which are entitled to seek
voluntary financial and other contributions, as well as public support in
accordance with the domestic legislation.
(3) The Contracting Parties
shall respect the right of persons belonging to the Hungarian minority in
(4) The Contracting Parties shall
respect the right of persons belonging to national minorities to have access,
in their mother tongue, to information and to the electronic and printed media,
as well as to freely exchange and disseminate information. The Contracting
Parties shall, within the framework of their domestic legislation, grant the
possibility to establish and operate their own media.
(5) The Contracting Parties
shall ensure the right of persons belonging to the minorities to effectively
participate, individually or through their parties or organizations, in the
political, economic, social and cultural life and, through their
representatives elected to central and local public authorities and
administrations, in the settlement of issues representing national or local
interests. Both Contracting Parties shall, in the process of decision-making
concerning questions related to the protection and enforcement of the national
identity of these persons, consult the organization, political parties or
associations of these persons according to democratic decision-making
procedures as provided by the law.
(6) The Contracting Parties
shall respect the cultural and historical heritage of national minorities and
shall support their efforts to preserve the architectural monuments and memorial
sites related to minority culture and history, and will take appropriate
measures to allow citizens living in regions of mixed population to become
acquainted with Hungarian and Romanian cultural values.
(7) The Contracting Parties
shall respect the rights of persons belonging to national minorities to
maintain free contacts among themselves and across frontiers with citizens of
other States, as well as to participate in the activities of national and
international non-governmental organizations.
(8) The Contracting Parties
agree that, in the exercise of the rights referred to in this article, persons
belonging to national minorities, similarly to any other citizen of the state
concerned, shall respect the national legislation and the rights of others. These
persons shall enjoy the same rights and have the same duties of citizenship as
other citizens of the State in which they live.
(9) Without prejudice to
measures taken in pursuance of their general integration policy, the
Contracting Parties shall refrain from policies or practices aimed at the
assimilation of persons belonging to national minorities against their will and
shall protect these persons from any action aiming at such assimilation. They
shall further refrain from measures which by altering the proportions of the
population in areas inhabited by persons belonging to national minorities are
aimed at restricting the rights and freedoms flowing from the international
standards and norms listed in paragraph 1 of this article.
(10) The Contracting Parties
shall assist each other in observing the implementation of the present article.
For this purpose they will also examine, in the framework of the regular
consultations referred to in Article 5 of this Treaty, those questions of their
bilateral cooperation related to national minorities concerning the
implementation of this Treaty and shall establish an intergovernmental expert
commission. They will cooperate in the appropriate operation of the mechanisms
of the Organization on Security and Cooperation in
(11) The Contracting Parties
shall cooperate in further developing the international legal framework for the
protection of national minorities. They agree that they will apply as part of
this Treaty the provisions relating to further developing the rights of persons
belonging to national minorities contained in those international documents to
which they will subscribe in the future.
(12) Neither of the
obligations contained in the present article shall be interpreted as implying
any right to engage in any activity to perform any act contrary to the purposes
and principles of the Charter of the United Nations, other obligations of
international law or the Helsinki Final Act and the Paris Charter of the
Conference on Security and Cooperation in Europe, including the principle of
the territorial integrity of states.
Article 16
The Contracting Parties shall
develop their cooperation in the field of mass media. They shall facilitate
free flow of information relating to the social, political, economic, cultural
and scientific life of their countries and shall support all efforts aimed at
becoming mutually and objectively acquainted, understanding each other and
overcoming prejudices.
Article 17
(1) The Contracting Parties
shall develop and support cooperation in the fields of health care and research
in the medical sciences.
(2) The Contracting Parties
shall furthermore urge cooperation, in the interest of citizens of each other
sojourning in the territory of the other Contracting Party, in the field of
social security and social protection, and they will examine the possibility to
conclude agreements to this effect.
Article 18
The Contracting Parties shall
support the broadening of direct contacts between political organizations,
trade unions, churches and religious communities, foundations, organization of
women, youth, sport and associations of other type.
Article 19
(1) The Contracting Parties
shall support and facilitate direct contact between their citizens.
(2) The Contracting Parties
shall extend their consular relations and will simplify border crossing and
custom control, including the opening of new border crossing points and the
enlargement of the existing ones to the extent of their possibilities, in order
to facilitate the traffic of persons and goods. They will conclude appropriate
agreements for this purpose.
Article 20
(1) The Contracting Parties
shall, in accordance with the treaties in force, grant each other mutual legal
assistance in civil, family and criminal law matters and they will develop,
under separate agreement, the cooperation between their police bodies.
(2) The Contracting Parties
shall cooperate in preventing and combating organized crime, with special
emphasis on terrorism, illicit traffic in drugs, unlawful seizure of aircraft,
smuggling and illegal traffic of cultural, historical objects and valuables and
of museum pieces. They express readiness to cooperate in this field also within
an international framework.
Article 21
(1) The Contracting Parties
will settle all their disputes concerning the interpretation or implementation
of this Treaty through direct consultations and negotiations. After that point
when both Contracting Parties have become Party to an international
multilateral treaty on peaceful settlement of disputes, those disputes referred
to in this article that could not be settled through direct consultations and
negotiations within a reasonable time, will be settled according to procedures
prescribed in the above mentioned international multilateral treaty, provided
that the obligations to be assumed under that treaty would encompass disputes
of this kind.
(2) The Contracting Parties
shall endeavor, whenever necessary, to insert in their bilateral provisions
under which they may submit their disputes concerning the interpretation or implementation
of such treaties to available mechanisms of settlement of disputes.
Article 22
The present Treaty is not
aimed against any third state and shall not prejudice the rights and
obligations of either Contracting Party flowing from its bilateral or
multilateral treaties concluded with other states.
Article 23
The present Treaty is
concluded for a period of ten years. Its validity shall be automatically
extended, for further five year periods, unless one of the Contracting Parties,
at least one year before the given validity period expires, notifies the other
Contracting Party in writing of its intention to renunciate.
Article 24
This Treaty shall be ratified
in accordance with the constitutional requirements of both Contracting Parties
and shall enter into force on the date of exchange of the instruments of
ratification. The Contracting Parties take note that the "Treaty on
Friendship, Cooperation and Mutual Assistance between the Hungarian People's
Republic and the Socialist Republic of Romania", signed in Bucharest,
February 24, 1972, is no longer in force.
Article 25
This Treaty shall be
registered with the Secretariat of the United Nations, in accordance with
Article 102 of the Charter. Done at
Annex
List of documents referred to
in Article 15, paragraph (1) b),
of
the Treaty on Understanding, Cooperation and Good Neighborhood
between
the
1. Document of
2. Declaration of December 18,
1992, of the General Assembly of the United Nations on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities
(Resolution 47/135);
3. Recommendation 1201 (1993)
of the Parliamentary Assembly of the Council of Europe on an additional
protocol
on the rights of national minorities to the European Convention on Human
Rights.*
ANNEX 2
THE INSTRUMENT OF CENTRAL
EUROPEAN INITIATIVE ON THE PROTECTION OF THE RIGHTS OF NATIONAL MINORITIES AND
THE TREATY BETWEEN
- the
definition of the concept of national minority as an integral part of the
society guaranteeing the appropriate conditions for the promotion of their
identity (art.1, 2)ŕ art.14,
- the
respect of the rights of minority people as well as individuals and associated
without any discrimination related to the majority of population (art.3)ŕ art.15,
- the
right to express, preserve and develop the ethnic, cultural, linguistic or
religious identity of minorities (art.4)ŕ
art.15,
- the
adoption of special measures for minorities, not regarded as a
discrimination in relation with majority (art.5),
- the protection against any acts that constitute
incitement to violence against persons or groups based on national,
racial, ethnic or religious discrimination, hostility or hatred, including
anti-Semitism (art.6) ŕ art. 14 ,
- states
shall refrain from pursuing or encouraging policies aimed at the
assimilation of persons belonging to national minorities against their
will and shall protect these persons against any action aimed at such
assimilation (art.8)ŕ art.15,
- the right to use the minority language, both in private
and public sphere (art.10)ŕ art. 15,
- the
right to use the minority language in relation to the public institutions,
where the minority citizens represent a proportion of the total population
(art.12),
- the
use of maternal language in religious school and practices (art. 14),
- recognition
by the states of the right of persons belonging to national minorities to
establish and maintain their own cultural and religious institutions,
organizations or associations, which are entitled to seek voluntary
financial and other contributions as well as public assistance, in
conformity with national legislation (art.16)ŕ
art.15,
- recognition
of the schools and other private educational establishments of the
citizens belonging to national minorities (art.17),
- every person belonging to a national minority shall
have the right to learn his or her own language and receive an education
in his or her own language. The States shall endeavor to ensure the
appropriate types and levels of public education in conformity with
national legislation (art.18)ŕ art.15,
- the
right of persons belonging to a national minority to avail themselves of
the media in their own language, in conformity with relevant State
regulations and with possible financial assistance (art.19)ŕ art.15,
- the
right of the persons belonging to national minorities to participate to
the political, economical, social and cultural life of the country in
which they live (art.20)ŕ art.15,
- the
right of the persons belonging to national minorities to establish
political parties (art.21)ŕ art.15,
- the respect of the right of persons belonging to
national minorities to effective participation in public affairs, in
particular in the decision-making process on matters affecting them.
Therefore, States note the efforts undertaken to protect and create
conditions for the promotion of the ethnic, cultural, linguistic and
religious identity of certain national minorities by adopting appropriate
measures corresponding to the specific circumstances of such minorities as
foreseen in the CSCE documents (art.22)ŕ art.15;
- Every
person belonging to a national minority, while duly respecting the
territorial integrity of the State, shall have the right to have free and
unimpeded contacts with the citizens of another country with whom this
minority shares ethnic, religious or linguistic features or a cultural
identity (art.23)ŕ art.15;
- Every
person belonging to a national minority shall have an effective remedy
before a national judicial authority against any violation of rights set
forth in the present Instrument, provided that those rights are enacted in
national legislation (art.24),
- In any
area where those who belong to a national minority represent the majority
of the population, states shall take the necessary measures to ensure that
those who do not belong to this minority shall not suffer from any
disadvantage, including such that may result from the implementation of
the measures of protection foreseen by the present Instrument (art.25),
- None
of these commitments shall be interpreted as implying any right to engage
in any activity in contravention of the fundamental principles of
international law and, in particular, of the sovereign equality,
territorial integrity and political independence of the state (art.26),
- This
Instrument shall not prejudice the provisions of domestic law or any
international agreement, which provide greater protection for national
minorities or persons belonging to them (art.27)
Note :
First mention is the C.E.I. Instrument, the secondary one is the Romanian -
Hungarian Treaty. Example : art. 1, 2 9 ( CEI Instrument ) -> art. 14 (
Romanian - Hungarian Treaty ).
ANNEX 2
THE INSTRUMENT OF CENTRAL EUROPEAN
INITIATIVE ON THE PROTECTION OF THE RIGHTS OF NATIONAL MINORITIES AND THE
TREATY BETWEEN
·
the definition of the concept of national minority as
an integral part of the society guaranteeing the appropriate conditions for the
promotion of their identity (art.1, 2)ŕ
art.14,
·
the respect of the rights of minority people as well
as individuals and associated without any discrimination related to the
majority of population (art.3)ŕ
art.15,
·
the right to express, preserve and develop the ethnic, cultural, linguistic or
religious identity of minorities (art.4)ŕ art.15,
·
the adoption of special measures for minorities, not regarded as a
discrimination in relation with majority (art.5),
·
the protection against any acts that constitute
incitement to violence against persons or groups based on national, racial,
ethnic or religious discrimination, hostility or hatred, including
anti-Semitism (art.6) ŕ art.
14 ,
·
states shall refrain from pursuing or encouraging policies aimed at the
assimilation of persons belonging to national minorities against their will and
shall protect these persons against any action aimed at such assimilation (art.8)ŕ art.15,
·
the right to use the minority language, both in
private and public sphere (art.10)ŕ
art. 15,
·
the right to use the minority language in relation to
the public institutions, where the minority citizens represent a proportion of
the total population (art.12),
·
the use of maternal language in religious school and
practices (art. 14),
·
recognition by the states of the right of persons belonging to national
minorities to establish and maintain their own cultural and religious
institutions, organizations or associations, which are entitled to seek voluntary
financial and other contributions as well as public assistance, in conformity
with national legislation (art.16)ŕ
art.15,
·
recognition of the schools and other private
educational establishments of the citizens belonging to national minorities (art.17),
·
every person belonging to a national minority shall
have the right to learn his or her own language and receive an education in his
or her own language. The States shall endeavor to ensure the appropriate types
and levels of public education in conformity with national legislation (art.18)ŕ art.15,
·
the right of persons belonging to a national minority
to avail themselves of the media in their own language, in conformity with
relevant State regulations and with possible financial assistance (art.19)ŕ art.15,
·
the right of the persons belonging to national
minorities to participate to the political, economical, social and cultural
life of the country in which they live (art.20)ŕ art.15,
·
the right of the persons belonging to national
minorities to establish political parties (art.21)ŕ art.15,
·
the respect of the right of persons belonging to
national minorities to effective participation in public affairs, in particular
in the decision-making process on matters affecting them. Therefore, States note
the efforts undertaken to protect and create conditions for the promotion of
the ethnic, cultural, linguistic and religious identity of certain national
minorities by adopting appropriate measures corresponding to the specific
circumstances of such minorities as foreseen in the CSCE documents (art.22)ŕ art.15;
·
Every person belonging to a national minority, while duly respecting the
territorial integrity of the State, shall have the right to have free and
unimpeded contacts with the citizens of another country with whom this minority
shares ethnic, religious or linguistic features or a cultural identity (art.23)ŕ art.15;
·
Every person belonging to a national minority shall have an effective remedy
before a national judicial authority against any violation of rights set forth
in the present Instrument, provided that those rights are enacted in national
legislation (art.24),
·
In any area where those who belong to a national minority represent the
majority of the population, states shall take the necessary measures to ensure
that those who do not belong to this minority shall not suffer from any
disadvantage, including such that may result from the implementation of the
measures of protection foreseen by the present Instrument (art.25),
·
None of these commitments shall be interpreted as implying any right to engage
in any activity in contravention of the fundamental principles of international
law and, in particular, of the sovereign equality, territorial integrity and
political independence of the state (art.26),
·
This Instrument shall not prejudice the provisions of domestic law or any
international agreement, which provide greater protection for national
minorities or persons belonging to them (art.27)
Note
: First mention is the C.E.I. Instrument, the secondary one is the
Romanian - Hungarian Treaty. Example : art. 1,
2 9 ( CEI Instrument ) -> art. 14 ( Romanian - Hungarian Treaty ).
ANNEX 3
Attitude de la population par
rapport aux droits collectifs
(
|
Reponse |
Ethnie |
Q11.1 |
Q11.2 |
Q11.3 |
Q11.4 |
Q11.5 |
Q11.6 |
|
|
Tziganes |
19.44 |
47.76 |
16.76 |
63.08 |
26.34 |
20.34 |
|
Oui |
Hongrois |
38.26 |
56.81 |
33.60 |
74.46 |
37.63 |
27.15 |
|
|
Allemands |
37.81 |
56.99 |
33.69 |
76.52 |
39.07 |
26.08 |
|
|
Tziganes |
76.34 |
45.97 |
77.78 |
33.96 |
68.28 |
73.84 |
|
Non |
Hongrois |
58.69 |
38.08 |
62.28 |
22.94 |
57.35 |
67.47 |
|
|
Allemands |
57.97 |
37.46 |
61.74 |
19.98 |
55.91 |
67.56 |
|
|
Tziganes |
3.85 |
5.47 |
4.84 |
2.24 |
4.93 |
5.11 |
|
Ne |
Hongrois |
2.51 |
4.21 |
3.32 |
1.79 |
4.48 |
4.57 |
|
|
Allemands |
3.58 |
4.48 |
3.67 |
2.51 |
4.30 |
5.38 |
|
|
Tziganes |
0.37 |
0.80 |
0.62 |
0.72 |
0.45 |
0.71 |
|
Pas de reponse |
Hongrois |
0.54 |
0.90 |
0.80 |
0.81 |
0.54 |
0.81 |
|
|
Allemands |
0.64 |
1.07 |
0.90 |
0.99 |
0.72 |
0.98 |
Legende:
Q11.1 - Inscriptions publiques dans la langue ...
Q11.2 - Existence d’organisations politiques par
des criteres ethniques de
la minorite...
Q11.3 - Utilisation
dans l’administration publique des langues ...
Q11.4 - Existence d’emissions sur les postes nationaux de TV dans la langue ...
Q11.5 - Enseignement
public complet dans les langues...
Q11.6 - Autonomie
par criteres ethniques de certaines regions habitees en majorite par des ...
ANNEX 4
THE POPULATION OF
|
AREA |
TOTAL |
ROMANIANS % |
HUNGARIANS % |
OTHER % |
|
|
22,810,035 |
20,408,542 89.5 |
1,624,959 7.1 |
776,534 3.4 |
|
|
2,354,510 |
2,296,458 97.5 |
8,585 0.4 |
49,497 2.1 |
|
|
4,579,565 |
3,306,948 72.2 |
1,095,173 23.9 |
177,444 3.1 |
|
|
1,076,380 |
886,958 82.4 |
70,742 6.6 |
118,680 11.0 |
|
Crisana-Maramures |
2,067,368 |
1,490,235 72.0 |
438,008 21.1 |
139,125 6.9 |
|
|
4,786,202 |
4,713,800 98.4 |
6,471 0.1 |
65,931 1.5 |
|
Oltenia
|
2,457,515 |
2,414,836 98.2 |
1,911 0.1 |
40,768 1.7 |
|
Muntenia
|
4,468,729 |
4,372,698 97.8 |
2,524 0.1 |
93,507 2.1 |
|
Dobrudja
|
1,019,766 |
926,608 90.8 |
1,545 0.1 |
91,613 9.1 |
Source :
Recensamantul populatiei
si locuintelor din 7 Ianuarie 1992 (The 7th January 1992
Census of Population), vol. I, Bucuresti,
1994, pag. 708-709.
|
· The
population of |
The rural population of Romania |
The urban population of Romania |
|
|
|
|
|
by nationalities - 1992 |
by nationalities - 1992 |
by nationalities - 1992 |
Source :
Recensamantul populatiei
si locuintelor din 7 Ianuarie 1992 (The 7th January 1992
Census of Population), vol. I, Bucuresti,
1994, pag. 714-715, 716-717, 718-719.
Vasile
Puscas, PhD, is teaching Internatinal
Relations courses in the Department of Political Science and Public Administration at "Babes-Bolyai"
University.
Vasile Dancu is Lecturer in the Sociology Department,
"Babes-Bolyai" University.
Christian Chereji is Assistant professor in the Department of Political Science and
Public Administration at "Babes-Bolyai"
University.
Dan Sandor
is Assistant professor in the Department
of Political Science and Public Administration at "Babes-Bolyai" University.
Dacian Duna, Francisc
Kiss, Dan Lazar, Alina Onita,
Radu Moldovan are students at Department of
Political Science and Public Administration at "Babes-Bolyai"
University.