Parliamentary
Assembly of the Council of Europe
January, 1985
Report on the Situation
of Minorities in Rumania
Rapporteur: Mr. Blaauw
I. DRAFT RESOLUTION
presented by the Committee
on relations
with European nonmember
countries
The Assembly,
1. Considering the right of
ethnic, religious, and linguistic minorities to enjoy their own
culture, to profess and practice their own religion, or to use
their own language;
2. Recalling that these human
rights are solemnly guaranteed in the International Covenant on
Civil and Political Rights, the Helsinki Final Act and the Madrid
Concluding Document of the conference on Security and Cooperation
in Europe;
3. Conscious of the fact that
the aforementioned rights include not only the right to stay in
ones own country, but also to leave it at any moment;
4. Conscious also of the fact
that discrimination and violation of human rights can drive citizens
into trying to leave their country;
5. Recalling the alarming reports
that persons belonging to ethnic, religious, or linguistic minorities
in Romania are denied the right to enjoy their own culture, to
profess and prac tice their religion, or to use their own language;
6. Noting that the Romanian
authorities policy gives rise to serious injustices towards the
persons concerned and in many instances makes it impossible for
them to leave Romania,
7 Stressing particularly the
fact that the states participating in the CSCE agreed in Basket
III of the Helsinki Final Act to give sympathetic consideration
to applications to leave presented by their citizens for reasons
of family reunion or reunion of fiances, simplify the procedures
and reduce the fees payable;
8. Having noted with deep concern
the Decree of the Council of State of Romania dated 1 November
1982 stipulating that permission to leave the country even
in cases of family reunion and reunion of fiances can be
granted only if study grants and social security benefits are
paid back to the Romanian Government in foreign currency, even
though the possession of foreign currency is a punishable offense;
9. Noting that the Romanian
Government's policy in all these matters constitutes a flagrant
violation of the Helsinki agreements.
10 Calls on the Romanian Council
of State:
a. to ensure the respect for
and actual enjoyment of the rights of persons belonging to ethnic,
religious or linguistic minorities as well as to protect their
legitimate interests as provided for in international agreements
and the Romanian Constitution;
b. to stop violation of basic
human rights of national minorities as occurs at present in Romania
in the social, ethnic, cultural, economic and religious fields,
and to create a situation in Romania by which all peoples can
live without discrimination and will not be driven into deciding
to leave their own country.
c. to rescind the Decree of
1 November 1982 and authorize those persons who have applied to
leave to do so, in accordance with the Agreements and treaties
which Romania has made or to which it has acceded.
II. EXPLANATORY
MEMORANDUM
by Mr. Blaauw
Introduction
Romania is the only Warsaw Pact
country that has taken foreign policy positions that diverge from
official Soviet policy. The first Eastern bloc country to establish
diplomatic ties with the Federal Republic of Germany in the 1960s,
Romania has departed from Soviet policies in maintaining close
relations with China after the SovietChinese conflict, and
with Israel after the 1967 war. Romania has taken issue with the
Soviet Union on the invasions of Czechoslovakia and Afghanistan,
the imposition of martial law in Poland, and the continued deployment
of SS20 medium range nuclear missiles in the USSR. It was
the only Eastern bloc country participating in the Los Angeles
Olympic games. Romanian policy can be understood from its basic
nationalistic issues territorial claims against the USSR
(Bessarabia); idea of a "one nation" state (ie only
"Romanians" in Romania); problems with minorities
mainly with Hungarians in Transylvania (about twoandahalf
million). (Hungary dropped its territorial claims against Romania
concerning Transylvania). Romania's internal situation is that
of a highly centralized nationalistcommunist state. The
communist party, led since 1965 by Romania's current President,
Nicolae Ceausescu, directs every significant aspect of life in
the country.
In the area of human rights, there
are major discrepancies between Romanian law and the nation's
international commitments on the one hand and the government's
internal practices on the other. Despite the full range of constitutional
guarantees, all liberties may be exercised only within the narrow
limits established by the party and state. Political dissidence
and deviation of the party's policy are not tolerated. The use
of intimidation and to a lesser extent physical pressure to discourage
such activities persist. The population is convinced of the omnipotence
of the government's extensive security apparatus.
There are many ethnic groups living
in Romania: Hungarians, Germans, Serbs, Ukrainians, Slovaks, Czechs,
Bulgarians, Gypsies and Jews. The Romanian state pretends to form
a single nation and the administrative structure of the country
pretends also to be based on economic and social criteria, not
on ethnic characteristics. In practice, this principle is abused
by the government as a weapon against national minorities. The
tensions between Romanians and the minorities can be understood
from the history of presentday Romania, in which various
nationalities in different periods have shared the same territories
and Romanians sharply disagree with others over who was there
first. Although the Romanian Constitution and legislation provide
for minority rights, minority groups in Romania often say that
they live under a double burden: the burden of repression in a
totalitarian state and the burden of discrimination stemming from
Romanian chauvinism and "Romanization."
The Romanian Government mostly,
but not always, discourages emigration but generally allows a
certain number of citizens to emigrate. Emigrants often wait for
years and experience harassment or other difficulties before being
allowed to leave. The government also exercises close supervision
over religious and cultural activities.
Protection of
Human Rights
Rights Guaranteed
In its Section II on the fundamental
rights and obligations of citizens, the constitution guarantees
the human rights proclaimed in the Universal Declaration and in
Article 13 (5) enjoins the state to guarantee the exercise
thereof:
"the state shall guarantee
the exercise of these citizen's rights," and this applies
in regard both to relations between the state and citizens and
to relations between private persons.
Thus the constitution provides
that all citizens are equal before the law without discrimination
based on nationality, race, sex or religion, in all spheres of
economic, political, legal, social and cultural life. Any attempt
to restrict them, to perpetrate nationalist or chauvinist propaganda,
or to arouse racial hatred shall be punished by law (Article 17).
Other rights guaranteed include
the right to freedom of speech and the press (Article 28), the
right to freedom of peaceful assembly and association (Article
27). But the latter freedom may not be used for purposes hostile
to the socialist regime and contrary to the interests of workers
(Article 29).
The right to work (Article 18),
to rest (Article 19) and to social security (Article 20) are also
provided for.
Similarly the constitution guarantees
the inviolability of the person (Article 31) and of the home (Article
32) as well as the secrecy of correspondence (Article 83).
Romanian law regulates two systems
of property ownership: ownership of social property and ownership
of personal property. From the latter are excluded any possessions
which, by their nature, could constitute a source of livelihood
without work or engender exploitation. The constitution protects
the right to own property and the right of succession (Articles
36 and 37).
It should be noted that the institution
of rights and freedoms is considered in Romania, as in other socialist
countries, merely as an expression within the framework of a communist
system. Man being regarded as a member of the system, freedom
is determined by the state, society and the "people,"
power being theoretically vested in the latter, fully controlled
by the communist party (which in Romania means a communist party
with a nationalistic "one nation, one people" attitude).
The Exercise
of Rights and Freedoms
The hopes engendered by the development
of the Romanian path towards socialism via a policy of independence
visavis the USSR appear illusory. The 1970's witnessed
nothing but retreats on all fronts, in terms of the economy and
freedoms alike. In 1971 the Ceaucescu "Cultural minirevolution"
brought with it still tighter party control over society accompanied
by government stimulation of animosity by Romanians against national
minorities (primarily Hungarians). Discontent could no longer
be contained in 1977, when there was a first open movement for
the respect for human rights proclaimed in the constitution and
the Helsinki Agreements. The movements were speedily and harshly
supressed but continued thereafter. Today the situation in Romania
is described together with that of Czechoslovakia as the worst
two in Eastern Europe from a human rights point of view.
The Situation
of
Minorities and
Ethnic Groups
The Romanian state pretends to
form a single nation notwithstanding the fact that the country
is a multinational state. This implies the consequence of liquidation
of all nationalities but ethnic Romanians. Romania is very persistent
in its realization of this nationalistic aim. Its basic philosophy
and its realization in practice are a flagrant violation of human
rights in a country which in fact could be the Switzerland of
Eastern Europe, where all nationalities after World War
II clearly demonstrated a readiness
for such cooperation based on recognition of each others' human,
and national identity. The administrative structure of the country
is based on economic and social criteria, not on ethnic characteristics.
The communist party's policy, faithful to Marxist theory, is solely
concerned with the distribution of the productive forces in the
country's industrial development.
Minorites are represented in the
National Assembly. Out of a total of 849 members, there are: 309
Romanians; 39 Hungarians; 8 Germans; 2 Serbs; 1 Jew. The proportion
in People's Councils at local level, is identical.
Workers belonging to minorities
are also represented in departmental councils (appointed by firms
and from members of the Romanian Communist Party, trade unions...).
In fact, however, the consistently
declared aim of official policy is integration of minorities in
the Romanian nation, within a socialist society. Official Romanian
statistics actually tend to support this viewpoint. These figures
disclose an increase in the number of Romanians, while other nationalities
(with the exception of Romany, Turks, who according to some statistics,
are showing a percentage increase, and Tartars) are on the decline.
Romanian official statistics concerning nationality of citizens
of the country are doubtful. It is said that groups are forced
to declare that they are Romanians even if they are not. Csangos,
Hungarians living on the eastern side of the Carpathians, are
an example of this method. The women are regularly prevented from
wearing their (Hungarian) traditional costume.
There is in fact a specific problem
attached to each specific minority.
Hungarians
Romanian statistics (see remark
above) show that the Hungarian population would be declining steadily.
In fact there is very considerable resistance, not to say outright
opposition, to the policy of Romanianization.
One of the important complaints
of the Hungarian minoritv in Romania is that the number of Hungarian
schools and the number of Hungarian language courses in Romanian
schools are cotinually and systematically decreasing, and are
often reduced to zero. The Hungarian community greatly values
Hungarian language education as a way of transmitting and preserving
culture. The decline of Hungarian education and cultural opportunities
has led many in the Hungarian community in Romania to feel that
they are being subject to "cultural genocide". In this
respect of great importance is the liquidation of the Autonomous
Hungarian Area set up after World War II.
In 1977, Karoly Kiraly, a member
of the Hungarian minority occupying an official position in the
RCP (Romanian Communist Party), argued that the Hungarian minority
was being forcibly integrated and discriminated against in cultural,
educational and employment matters. Despite the support of Ion
Cheorghe Maurer (former Prime Minister) and two senior officials
belonging to the Hungarian minority, he was arrested, his house
was searched and he was placed under house arrest, which lasted
until 1979. The recently imposed emigration tax which affects
Romanian citizens who wish to resettle in the west also affects
members of the Hungarian minority in Romania who would like to
settle in Hungary or elsewhere. Since the tax must be paid in
hard currency, which Hungarian citizens are not allowed to possess,
there is no possibility for their relatives in Hungary to help
pay the Romanian emigration tax. Members of the Hungarian minority
who apply to emigrate to Hungary are subject to the same sort
of harassment as other potential emigrants (see Emigration).
It should be noted that Transylvania,
where the majority of the approximately twoandahalf
million Hungarians in Romania are living, has belonged since the
year 896 to Hungary and it received only special status in the
16th century, under Turkish supremacy, which formally was continued
under the House of Habsburg between 1692 and 1867. During both
periods it was clear that Transylvania in principle belonged to
the Hungarian Crown. Hungarians (Szekelys, Seklers or Siculi being
also Hungarians, as well as the aforementioned Csangos on the
Eastern side of the Carpathians, who are not traceable in official
Romanian documents) have lived in Transylvania for more than 1.000
years. They have always been, and remain to this day, of great
importance for the cultural, social and religious life in Hungary,
and for Hungarians elsewhere in the world. Forced emigration of
such a group would therefore be an offense against basic human
principles and ethics. It is also clear that neither Hungary,
nor any other country could absorb such a large group.
As mentioned above, after World
War II the sociopsychological situation was created for
a peaceful coexistence and cooperation of nationalities within
Romania. The forceful approach of the Romanian Government to create
a onenation state to the detriment of the Hungarian minority
was, and remains, unnecessary even from the point of view of the
existence of Romania as created in 1920 and recreated after World
War II. The dramatic situation of Hungarians has been published
in the memorandum to the participants of the Madrid Conference
concerning the Helsinki Agreements by the editors of Ellenpontok
(Counterpoints) of 1982 (Geza Szocs and Attila AraKovacs).
Hungarians in Romania want only
to be considered both in theory and in practice
as equal citizens of a multinational state, having their autonomous
territory, their own education on all levels, including university,
free publication of books, newspapers, etc. and having their own
churches.
Romany (Gypsies)
The Romany form the third largest
minority in Romania. They have in fact always been regarded, as
in many other countries, as second class citizens. Government
control of this minority group has made its consequences felt
in many other countries. Persecution of Romany, it has to be admited,
is endemic in nearly all societies. It must not be forgotten that
this people did not escape severe persecution and extermination
during the second world war throughout Europe.
Germans
Germans make up the second largest
minority in Romania. They went to Transylvania as colonists in
the 13th century and to the Banat in the 18th century on the invitation
of the Hungarian Crown. They were considered as the defeated after
World War II and suffered discrimination etc. By 1947, a total
of 15,000 had succeeded in leaving Romania. Emigration was halted
for ten years but migrants began once more to trickle out of the
country in 1957. Since 1967, in fact, the date when diplomatic
relations between the Federal Republic of Germany and Romania
were established, departures have been regulated on a quota basis,
in the light of the economic interest of Romania. After the USSR,
the Federal Republic of Germany is Romania's second most important
partner. 80,000 Germans, out of a total of 358,000, at present
have their entry visas to the Federal Republic of Germany, and
await Romanian exit permits. However, a large part of this minority
group would prefer to continue living in Romania.
Jews
Jews emigrated on a massive scale
between 1944 and 1948, despite the efforts of the Romanian Communist
Party to secure their wholesale collaboration, which continued
until 1952. Emigration is continuing at the moment (1,155 autorizations
in 1981,1,689 in 1982) with a very positive attitude from the
side of the Romanian Government. Romanian judaism is confined
to towns and cities, members of the community are aging, and it
is bound to disappear. Romania, the only country in Eastern Europe
that recognizes the State of Israel, will shortly be a country
from which judaism is absent. In this way, Romania, probably without
realizing it is bringing into effect the slogan of the fascist
"Iron Guard" practicing between the two world wars:
"Out with the Jews, down with Hungarians!"
Emigration
.
The Romanian Government officially
strongly opposes emigration and does not accept as a right the
permanent departure of citizens from the country. Those who express
a desire to emigrate are encouraged to change their minds by a
variety of punitive measures, including loss of job or salary,
arbitrary transfer to a work site far from home, and loss of housing.
Intending emigrants often have to wait for years before receiving
passports. Others are told in advance that they will never be
permitted to leave. During their wait, many have been detained
and interrogated regarding their sympathies and contacts abroad.
The government began implementing
a decree in February 1983 requiring intending emigrants to repay
the state in convertible currency the cost of their education
beyond the tenth grade level, purportedly to discourage the drain
of needed economic and technical manpower. Because Romanian citizens
are not permitted to have convertible currency, the money to pay
this education tax had to be furnished from abroad. However, following
strong international criticism of the decree, particularly from
the German and United States Governments, the administration ceased
implementation of the "education tax" in June 1988.
There is no evidence that the tax has been levied since then.
Nevertheless, there are reports in the Western press that such
payments are made unofficially in order to facilitate the obtaining
of an exit visa.
The government permits some emigration
for family reunification purposes and in certain "humanitarian"
cases. According to official Romanian figures the number of emigration
applicants this year has doubled since 1972 and approached 20,000
in 1982. The emigration of Jews to Israel and of ethnic Germans
to the Federal Republic of Germany, largely for family reunification,
is allowed. Approximately 1,300 and 15,000 people left for Israel
and the Federal Republic of German respectively in 1983.
According to unofficial reports,
the number of applicants for passports is over one and a half
million, that is to say one national in 20. The process is lengthy,
expensive, and the outcome uncertain. A considerable number of
persons take the risk of crossing the frontier clandestinely,
and are either captured by Yugoslav frontier guards and turned
over to the Romanian authorities, or killed (there are several
clandestine burial grounds on the frontier between Yugoslavia
and Romania)
Conclusions
In no country of Eastern Europe
is emigration such an acute problem: endeavors to secure a passport
have become a mass phenomenon. This desire of mass exodus of the
people is to be seen as an act of despair, a bid for freedom,
in the teeth of the disastrous situation in which the country
finds itself, in the grip of an economic crisis on an unprecedented
scale, as well as a political and moral crisis.
Romania is faced with a virtually
total penury of commodities, which have risen 35% in price, while
controls and restrictions abound. Two decrees, dated 10 and 17
October 1981, established the principle of basic food rationing,
restricting the scope for purchasing and hoarding, and also making
it compulsory for certain categories of citizens to work. In fact
it is necessary to produce more and eat less, to work at three
levels 48 hours per week in the factory (not counting unpaid
overtime), on the collective farm and also on the allotment, without,
at the end of the day, an' tarantee of a livelihood. The results
of these decrees have been famine and division among the people:
under the pretext of attempting to deal with speculation, wastage,
theft, corruption, endeavours are being increased to involve each
and every person in a network of hatred, guilt, suspicion and
fear.
In order to stop emigration the
Romanian Government should not only reorganize and reform the
country's economic structures in order to improve its standard
of living, but also improve the conditions under which the minorities
are living. This means in the first place to fully respect Article
27 of the UN Covenant on political and civil rights:
"In those states in which
ethnic, religious or linguistic minorities exist, persons belonging
to such minorities shall not be denied the right, in community
with the other members of their groups, to enjoy their own culture,
to profess and practice their own religion or to use their own
language.
" and Article 22 of the Romanian
Constitution provides:
"In the Socialist Republic
of Romania the cohabiting nationalities shall be assured the free
use of their mother tongue, as well as books, newspapers, periodicals,
theatres and education at all levels in their own languages. In
territorialadministrative units also inhabited by population
of nonRomanian nationals, all the bodies and institutions
shall use in speech and in writing the language of the nationality
concerned and shall appoint officials from its ranks or from among
other citizens who know the language and way of life of the local
population.
From the Christian
Response International:
Congressman Sujander,
Two Members
of the British Parliament
Conclude FactFinding
Trip to Romania
Washington, December 19, 1984:
A human rights factfinding
team including U.S. Congressman Mark Sujander (RM I), two
members of the British Parliament, David Atkinson (Conservative
Party) and Thomas Clarke (Labor Party) have concluded an eightAay
trip to the Socialist Republic of Romania.
The purpose of the trip was to
investigate reports of religious repression. Rev. Jeffrey A. Collins,
who directs the U.S. national office of Christian Response International,
a legal and spiritual support ministry to persecuted Christians
around the world, termed the Romanian trip a "total success."
CHRISTIAN RESPONSE INTERNATIONAL
reported in the publication RESPONSE in June 1984: Faced with
evidence that religious persecution affects thousands of Evangelicals
in Romania, Christian Response International (CRI) Board of Directors
Vice President Torn Riner decided to do something about it:
he introduced a resolution in
the Kentucky State Legislature. The measure, which was passed
unanimously, calls for a statewide boycott of Romanianmade
products, and for the United States to end its most favored nation
(MFN) special trading status with Roniania.
In the same issue of RESPONSE
we read:
"Romanian officials fired
three school teachers saying that their church attendance made
them unfit to provide an atheistic education to students.
Florica Farcas (real name Virag
Farkas) a French language teacher at School No. 51 in Oradea (Nagyvarad),
Monica Din, an English teacher in Cluj (Kolozsvar) and Victoria
Faur, an instructor at the General School in the Bihar district
were each dismissed."
The RESPONSE failed to mention
that the three teachers were members of the Hungarian minority.
Resolution
of the Societies of
Danube Swabians
of the United States,
Inc.
June, 1977
Der DeutschA merikaner
WHEREAS, Romania's communist regime
has deported all able bodied members of the once half million
Danube Swabian minority to concentration camps, into foreign exile
and to the desert of Baragan, where a great number fell victim
to inhuman conditions;
WHEREAS, Romanian bureaucrats,
through control of the labor market, are dispersing the survivors
of said concentration camps throughout the country, to disintegrate
their ethnic communities, in addition to immediately denying these
individuals the right to work, if they apply for family reunion
with relatives in the west;
WHEREAS, Romania systematically
confiscates private property without compensation, impounds records,
archives and objects of art, gradually liquidating the cultural,
religious and educational institutions of the Danube Swabian minority;
WHEREAS, Romania's president Nicolae
Ceausescu is ruthlessly pursuing an extremely nationalistic program,
combined with psychological terror and exploitation, against that
country's Danube Swabian, Transylvanian Saxon, Hungarian and Jewish
minorities, to forcibly change their rich cultural, spiritual
and ethnic identity;
WHEREAS, the above mentioned facts
furthermore violate the 1948 UN Declaration of Human Rights, the
Helsinki Accord, as well as the Romanian Constitution itself;
NOW, THEREFORE, BE IT RESOLVED,
that the Board of Directors of
the Societies of Danube Swabians of the United States, Inc., for
humanitarian reasons, hereby formally PROTESTS the above mentioned
state of affairs in the name of thousands of American citizens
and formally petitions its Government for assistance in helping
to alleviate a situation which has become unbearabla
Matthias Aringer Theodor
Junker
Secretary General
President
EuropaParliament
Condemns Rumania
September, 1983
The Transylvanian Quarterly
Sir Alan Tyrrell, member of the
British Parliament and delegate to the "EuropaParliament"
a probative organization, denouncing the treatment of the Transylvanian
Hungarians by the government of nationalcommunist Rumania.
Sir Tyrrell demanded greater publicity for the abuses the native
Hungarian population of Transylvania is being exposed to by the
Rumanian government and its overzealous agencies. He listed
24 complaints against the Ceausescu regime, including the disappearance
of several young Hungarian intellectuals, who dared to speak up
against the systematic oppression of the almost three million
strong native Hungarian population of Rumanianoccupied Transylvania.
"A government"
said Tyrrell "which is capable of punishing its citizens
with six years in prison for smuggling a Bible into the country,
deserves contempt instead of aid from the community of nations.
It is high time that we reexamine our relations with Rumania!"
At the end of its summersession
the EuropaParliament unanimously condemned Rumania for its treatment
of the Hungarian national minority.
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