Protocol

 

Of  the IV Meeting of  the

 

Joint Committee on National Minorities of the

Joint  Intergovernmental Commission on Cooperation and Active Partnership between Romania and Hungary

 

 

            On the 10th and 24th of September and on the 19th of October 2001 three meetings of the Joint Committee on National Minorities took place successively  in Budapest and Bucharest.

            The Romanian delegation was lead by Mr. Cristian Diaconescu, State Secretary in the Ministry of Foreign Affairs of Romania and co-chair of the Committee. For the Hungarian side the Committee was co-chaired by Mr. Tibor Szabo, State Secretary, Head of the Office for the Hungarians from Abroad. Mr. Traian Cristea, the president of Self-governance of Romanians from Hungary and Mr. Arpad Marton and Attila Varga parliamentarians from UDMR, were invited to the meeting by the Romanian and Hungarian delegations.

 

            The agenda of the meeting included an assessment of the situation of the Romanian community from Hungary and of the Hungarian Community from Romania, as well as the issue of the Law on Hungarians Living in Neighboring Countries.

 

  • The two Parties, confirming that the Joint Intergovernmental Commission and the Committee on National Minorities represent, according to the Basic Treaty, the appropriate mechanisms for examining issues related to national minorities, for granting equality of chances and respect of minorities rights, for ensuring their staying and well being on their native land, for supporting the preservation of their ethnic identity, in order to accomplish the obligations provided by Art. 5(1) and 15 of the Basic Treaty. 
  • Expressing the need for their governments to continue to fulfill the obligations undertook by virtue of the international bi- or multilateral documents, in order to ensure the necessary protection of ethnic, cultural, linguistic and religious identity of persons belonging to the Hungarian minority in Romania and to the Romanian minority in Hungary.
  • Being ready to adopt, if necessary, within their territory, measures of positive discrimination in order to ensure the full equality of chances between the persons belonging to national minorities and the persons belonging to the majority population in their respective States, with a view to preserving their cultural, ethnic, religious and linguistic identity. From Romanian point of view, the adoption of positive discrimination measures based on ethnic criteria cannot be extended to socio-economic rights,
  • Emphasizing that belonging to an ethnic community, according to the international standards and principles, is founded on the free choice of persons based on their real origin and cannot be influenced by any procedure, and underling that any disadvantages or any other advantages, except for positive discrimination measures, as described in the previous paragraph, cannot devolve from this belonging,
  • Expressing their special appreciation for all the demarches made by their governments in the spirit of the Basic Treaty and of the respect of good neighborly relations, in order to give support to their co-ethnics living on the territory of the other Party for the preservation of their cultural, linguistic, ethnic and religious identity, and upon which the two Parties shall inform each other,
  • Underlining that the Parties, according to the Art. 15 of Basic Treaty, respect and promote, on their state territories, the right to preserve and develop cultural, ethnic, linguistic and religious identity of persons belonging to national minorities, through adopting the appropriate legislation and supporting the efforts of the civil society, upon which the Parties will inform each other as to their adoption and the permanent survey of their implementation,

 

 

The Parties have agreed on the following:

 

  • To insist on concluding annual cooperation programs, by which means for common action will be established with a view to protecting cultural, ethnic and linguistic identity of their co-ethnics and to supporting the establishment of their institutes, associations and organizations,
  • To urge the establishment and enlargement, on their state territories, of educational institutions for persons belonging to minorities, in accordance with their real needs, and to mutually inform, yearly, on the number of persons attending the high-level and specialized educational institutions for persons belonging to national minorities,
  • To promote, according to Art. 14 of Basic Treaty, an atmosphere of tolerance and understanding and to denounce, among others, xenophobia, any form of promoting ethnic hate, especially by mass-media, as well as to adopt and to enforce the effective measures in order to prevent and punish these actions,
  • To further develop their activity according to the provisions of the Rules of Activity of the Committee adopted in 1997. According to these provisions, the Committee examines the situation of the Hungarian minority in Romania and of the Romanian minority in Hungary, the accomplishment of previous commitments in this respect, formulates and adopts recommendations in this regard to be forward to the two governments,
  • To further invite at the meetings of Committee on Minorities a representative of the legitimate Hungarian and respectively Romanian national minority organizations from both countries, in compliance with Art. 4 of the Rules of Activity of the Joint Committee and on the basis of the agreement reached at the founding meeting of the Committee,
  • The Committee on Minority Issues takes note that the Hungarian side also confirmed at the governmental level the section incurring to it of the engagements included in the recommendations adopted during the second session and that the entry into force of the mentioned engagement was done by the Government’s Decision no. 2281/19.12.1998.

 

 

Elements for the evaluation of the former period

 

I.                  Common demarches

 

The situation to the border control points

 

The network of the border control points is expanding in the appropriate manner. In this respect, the Kiszombor – Cenad border control point was open and the Nyirabrany - Valea lui Mihai border points were re-qualified.

The border control points Vallaj-Urziceni and Letavertes – Săcuieni are on the way of being open.

 

The situation of monuments and military cemeteries 

 

The understanding regarding the preservation of monuments and military cemeteries has not been reached yet, the text of the draft convention being on negotiation.

 

II. Demarches of the Hungarian side

 

The situation of the schools of the national minorities having a small number of pupils

 

Education in Romanian language is carried out in 13 villages of Hungary. The Hungarian Government granted a support of 40 millions forints in 1999, of 55 millions forints in 2002 and of 320 millions forints in 2001, contributing at solving the financial problems of Romanian minority schools with a reduced number of pupils.

 

The situation of minority school and of the hostel

On the 3rd of September1999, the Romanian pupils’ hostel of Gyula/Jula was open, the Romanian Elementary School of Mehkerek/Micherechi started its activity on the 1st of October 1999 and the Romanian Elementary school from Korosszakal-Săcal in September 2000. Between 2001 and 2002, 50 millions forints were granted in order to logistically support the three institutions.

 

 

 

 

The situation of Orthodox churches

 

The Hungarian Government granted a 68 millions forint budgetary subvention in 1999, of 25,2 millions forints in 2000 and of 22,76 millions forints in 2001, allocated for the restoration of the Romanian Orthodox churches in Hungary.

 

The situation of Gojdu Foundation

 

The contracting Parties, by exchange of verbal notes, informed each other about the position adopted with regard to this issue.

 

The issue of parliamentary representation

 

The Hungarian Parliament deals with the issue of the parliamentary representation of national minorities in Hungary at a commission level. The governmental initiatives concerning this issue are subject to an agreement between the parliamentary political parties.

 

The support for establishing a University in Hungarian language in Romania

 

The Hungarian side, by respecting its obligation concerning the subvention, has granted the material and specialized support for theprivate university in Hungarian language which has already been opened and functions under the aegis of the Sapientia Foundation.

 

III. Demarches of the Romanian side

 

The support for the Romanian minority school in Hungary

 

The Romanian side granted in 2000 a 2,5 millions forints subvention to the Publishing House of Book and Press in Gyula /Jula and installed the school radio station at the Romanian High School of Gyula/Jula.

 

The restoration of Romanian orthodox churches in Hungary

In 2000, the Romanian side granted a 3 millions forints subvention for the restoration of the Romanian orthodox churches in Hungary.

 

The ratification of the Charter on Minority Languages

The Romanian Government forwarded to the Parliament the necessary documents for the ratification of the European Charter on Regional and Minority Languages.

 

The adoption of the law on minorities

 

Remarking that the Romanian legislation concerning the protection of the rights of persons belonging to national minorities was constantly improved by the adoption of legislation in specific fields, the Committee takes note of the fact that the need of adopting a special law in this area is being debated by the competent authorities.

 

The education in Hungarian language in Romania

Chapter 12 of the 84/95 Law on Education, modified, completed and republished in 1999 provides the right of persons belonging to national minorities to study at all forms and levels of education; the law provides the possibility of organizing, by request and in compliance with the legal provisions, groups, classes, sections or schools in Hungarian language of instruction; the study of mother language and literature, of Hungarian history and traditions, ensure the preservation of the identity of the Hungarian minority; the teaching of Romanian language in the elementary school, according to teaching curricula specially elaborated for the Hungarian minority, the possibility for the persons belonging to the Hungarian minority to establish their own private education institutions in Hungarian language; the guarantee of a proportional representation of teachers and professors in Hungarian language in the Board of educational institutions with classes, groups, sections with Hungarian language teaching. Lines of instruction in Hungarian language for more than 50 fields of study were created in the Babes-Bolyai University, within the Medicine and Pharmacy University of Târgu-Mureş and within the Dramatic Art University of Târgu-Mureş. Faculties of romano-catholic and reformat theology also function within the Babeş-Bolyai University.

University Colleges with Hungarian language lines of instruction were also created in Gheorghieni, Miercurea Ciuc, Târgu Secuiesc, Sfântu Gheorghe and Satu Mare. Seven fields of study in the graduate education were temporary authorized in Miercurea Ciuc, and Târgu-Mureş, within the private University in Hungarian language Sapientia. The number of Hungarian language students increased from 709 in 1989 to 23381 in 2001. In the elementary and high schools the instruction of geography and history is done in Romanian language and within confessional education secular subjects can also be taught.

      The Committee salutes the process of expanding the process of education in Hungarian language within the graduate education in Romania, as well as the establishment of the Sapientia private University, with teaching in Hungarian language exclusively.

 

Mutual recognition of diplomas

Romania ratified by Law no. 253/30th of December 1998, the bilateral Agreement for mutual recognition of diplomas.

 

The amendment of the Law on Public Administration

The Law on Local Public Administration, adopted on the 23rd of May 2001, which complies with the expectations of the Hungarian minority in Romania, grants the respect of the rights of persons belonging to national minorities according to European standards, especially as far as the use of mother tongue is concerned.

 

 

 

 

The adoption of the Law on Religious Cults 

Technical consultations on the draft law on religious cults are presently held; the Government intends to forward it to the Parliament by the end of 2001.

 

The issue of the restitution of the churches’ goods

Three Emergency Government Ordinances dealt previously with the issue of the restitution of the goods of communities. 115 buildings subject to restitution were nominated in Government Ordinances no. 13/1998, 83/1999, 94/2000, as well as by Government Decision no. 1334/2000 annexed to the Ordinance no. 83/1999. The restitution of the buildings belonging to the religious communities will be regulated by a separate legislative act, according to art. 8 of the Law no. 10/2001. In the case of the 115 buildings nominated by virtue of the legal acts mentioned above, the Committee noticed that the process of restitution is under various phases of implementation.

 

The situation of the Liberty Monument in Arad

The monument created by Gyorgy Zala in memory of the years 1848-1849 was given for preservation, on 1st October 1999, to the Minorits Order of Arad. It can be established in a public place after consultation with the Hungarian side, at a level of common commission of experts.

 

 

 

For the Romanian Side                                                       For the Hungarian side                                                                                           

 

Cristian Diaconescu                                                            Tibor Szabo

 

Co-chair                                                                             Co-chair

 

 

 

The Recommendations

of the Fourth Session

of the Cooperation Committee on Minority Issues

 

 

In order to achieve harmonious development of Romanian minority in Hungary and of the Hungarian minority in Romania, to ensure their rights, the Committee submits to the attention of the two governments the following recommendations:

 

  1. The Hungarian Government, together with the Self-governance of Romanians in Hungary, shall agree the most appropriate means of elimination of any possibility of access to the leadership of the Romanian self-governance for persons not having Romanian ethnic origin.
  2. The Hungarian Government shall continue intensive negotiations with the parliamentary political parties with a view to adopting legislative measures aimed at granting the representation of the Romanian community in the Hungarian Parliament.
  3. The Hungarian Government shall grant the appropriate sources for completely financing the education in Romanian language and shall to take the necessary measures for continuing teachers’ training as required by the process of education in Romanian language.
  4. The Hungarian Government shall grant the budgetary subvention necessary for the reconstruction of the elementary schools in Romanian language in Bătania şi Aletea.
  5. The Hungarian Government shall continue to allocate funds for the restoration of the Orthodox Romanian churches in Hungary. In this respect the Romanian Orthodox Chapel from Budapest was mentioned.
  6. The Hungarian Government shall ensure the appropriate financing needed for the functioning of the Romanians’ Research Institute from Hungary.
  7. The Romanian Government shall support the development of the professional level of Romanian educational institutions, by ensuring the auxiliary means, the specialty and belletristic books, accordingly to the peculiarities of the teaching in Romanian language.
  8. The Romanian Government shall contribute, by material and specialty support, to the restoration of Romanian Orthodox churches in Hungary and to preserving their cultural values. 
  9. The Romanian Government shall ensure the effective implementation of the dispositions concerning minorities provided in the Law on Public Administration, by drafting the enforcement regulations and by enforcing them.
  10. The Romanian Government shall examine the possibility for the members of University Senate teaching in Hungarian language within the multicultural university to decide on issues concerning exclusively the Hungarian line of studies. By request of the Hungarian side, it was agreed that the issue of the state university in Hungarian language is maintained on the agenda of the Committee.
  11. The Romanian Government shall examine the possibility of creating a center of scientific research regarding the Hungarians from Romania, including the modalities of its financing.
  12. The Romanian Government shall accelerate the adoption of a legislative act regarding the restitution of churches’ buildings and lands, according to art. 8 of the Law 10/2001 on the legal regime of the goods abusively confiscated between March 6th, 1945 and December 22nd, 1989 and to accelerate the effective implementation of the legislative acts in force concerning the restitution of such goods.
  13. The governments of the two sides shall set up the joint experts commission on the matter of the monument in Arad created by Gyorgy Zala in memory of the years 1848-49.
  14. The two governments shall grant the appropriate financial support of the activities of the Cultural Union of Romanians in Hungary and for editing the weekly “Foaia românească” in Gyula.
  15. By request of the Romanian side, the Hungarian Government shall analyze the issue of the Gojdu Foundation.

 

 

 

Signed on the 19th of October 2001, in Budapest, in two original copies, in Romanian and Hungarian languages, both texts being equally authentic.

 

 

 

 

For the Romanian side,                                     For the Hungarian side,

 

 

 

Cristian Diaconescu                                                      Tibor Szabo

Co-chair                                                                       Co-chair