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Abstract
This article focuses on the most recent draft law on the status of national minorities in Romania, specifically on the attempt by the drafters to adopt a form of cultural autonomy based on the Estonian model. The article discusses the recent history of national minorities in Romania and in particular the rise of the Democratic Union of Hungarians in Romania and the nationalist response by successive governments or at least their acquiescence to nationalist undercurrents. It also examines the cultural autonomy section of the draft law and its similarities to the Estonian model. The article concludes that the draft law could contribute to Romania meeting the Copenhagen Criteria and prevent potential conflict in the country.
Notes
1. D. Christopher Decker currently works for the Organization for Security and Co-operation in Europe's Mission in Kosovo as Head of the Human Rights Division in the Department of Human Rights, Decentralization and Communities. Formerly, he was a Senior Research Associate at the European Centre for Minority Issues (ECMI) and managed a project in Romania funded by the British Foreign and Commonwealth Office entitled ‘Enhancing Minority Governance in Romania’. The views and opinions expressed in this article are solely the author's and do not reflect the views and opinions of any organization the author has been affiliated with or their funders. The Recent History section of this paper was previously published in an article entitled ‘Recent Developments in Romania on the Draft Law on the Status of National Minorities: Déjà Vu All Over Again?’ (European Yearbook on Minority Issues, Volume 4 2004/2005). More information about the ECMI project in Romania can be found at http://www.ecmiromania.org/.
2. Council of Europe, EST. No. 148, available online at: http://conventions.coe.int/treaty/en/ Treaties/Html/148.htm.
3. Law LXXVII Articles 21–39 (1993).
4. Romania Constitution, Article 62(2) (2003). The Chamber of Deputies is the lower house of the Romanian Parliament.
5. The Romanian Department of Inter-Ethnic Relations is still negotiating certain conditions concerning the European Charter for Regional and Minority Languages with the CoE but signature of the charter is expected during this government.
6. In 1991, the Democratic Forum of Germans in Romania developed a draft. In 1993 the UDMR had a draft and later that year the Council of National Minorities tried to produce a draft. In 1995 the Centre for Human Rights of the Romanian Helsinki Committee also attempted a draft. According to the DRI, there were an additional two attempts, including the current draft.
7. It can be concluded that, because Romania has achieved accession to the EU, it has in fact met the Copenhagen Criteria. However, an equally powerful argument could be made that very few of the 12 new EU states actually meet the Copenhagen Criteria.
8. Now that Romania has joined the EU there is little incentive within Romania to work towards further protection of minorities. This phenomenon has been seen in the Baltic States, which were criticized for not ensuring citizenship and minority rights to Russians. Because the EU did not force the Baltic States to address the problems of the Russian minorities within their respective states prior to accession, there remain latent minority rights problems.
9. The Front of National Salvation (FSN) in 1990, the Democratic Front of National Salvation (FDSN) in 1992 and the Party of Social Democracy in Romania (PDSR) in 1996 and 2000.
10. A former foreign minister and prime minister of Romania and member of the PSD.
11. Renate Weber is the former president of the Romanian Helsinki Committee and currently the principal adviser to the president of Romania on human rights and minority rights.
12. No. 69/1991.
13. The law was amended May 1997 to adhere to international commitments for minority protection.
14. No. 75/1994.
15. No. 84/1995.
16. European Treaty Series No. 148 (5 November 1992).
17. The PUR changed its name to the Conservative Party as of 5 May 2005. The PUR was in coalition with the PSD, but joined the government anyway. On 3 December 2006 the Conservative Party left the government citing a lack of support by the government for its legislative initiatives. Partidul Conservator s-a retras de la guvernare, available online at: http://www.pur.ro/ro/comunicate/618/.
18. No. 67/2004
19. See the Law on Local Elections No. 67/2004;
20. All the recognized national minorities in Romania have a seat in the Chamber of Deputies set aside. Multiple ethnic parties compete for the one seat. If any of the ethnic parties exceed the 5% threshold then they are eligible for a seat in parliament through proportional representation.
21. Marko Bela, în campanie, AZI (22 November 2004) available online at: http://www.azi.ro/arhive/2004/11/22/ politic.htm#stirea5. This is an argument that Marko has been using for quite some time.
22. See Romanian Government Programme 2005–2008, Chapter 25, Policies within the Field of Interethnic Relations, available online at: http://www.gov.ro/engleza/obiective/afis-index-diversedoc-o-pg-eng.php?idrubrica=1.
23. The 50% is based on the population from the last census.
24. The Draft Law on the Status of National Minorities, Draft 2, Article 57(1), available online at: http://www.ecmiromania.org/Collection_of_Materials.13.0.html [hereinafter Draft 2].
25. Draft 2, Article 58.
26. The author is not advocating that national minorities must ‘prove’ their ethnicity, as this would violate well-established legal norms, but there is an inherent weakness in the system due to the lack of any objective process to prevent non-national minorities from obtaining privileges intended for national minorities.
27. While the Macedonians technically do not claim to be descendants of Alexander the Great there is this inference that they date back to ‘ancient times’. However, for a less cynical view see http://www.proetnica.ro/en/ macedonii.html. It is important to bear in mind that there is a Greek minority in Romania which numbers 6513. Most other national minority organizations believe that the ‘Macedonians’ are actually ethnic Romanians.
28. Comments of the Legislative Council on the Draft Law Regarding the Status of National Minorities (April 2005).
29. Draft 2, Article 59(1).
30. Romania Constitution, Article 116(2).
31. Comments of the Legislative Council on the Draft Law Regarding the Status of National Minorities at paragraph 4(a) (April 2005).
32. Romania Constitution, Article 117(3).
33. Romania Constitution, Article 76(1).
34. Draft 2, Article 62.
35. Draft 2, Article 73.
36. Draft 2, Article 59(2)–(3).
37. Draft 2, Article 72.
38. There is still a slight chance that the law could be adopted if external actors place some pressure on the government. On 23 February 2007 US congressman Tom Lantos visited the deputy prime minister Bela Marko and inquired about the current situation of minorities in Romania and what stage the Draft Law on the Status of National Minorities is at in its adoption. The Government of Romania, available online at: http://www.guv.ro/engleza/presa/afis-doc.php?idpresa=7384&idrubricapresa=1&idrubricaprimm=&idtema=&tip=&pag=&dr=.