Romania: Ethnic Diversity Briefs

     SUMMARY

     1. BUCHAREST AND BRATISLAVA CRITICAL OF HUNGARIAN STATUS LAW
     2. PEOPLE ADVOCATE IN HUNGRY FOR MINORITIES OUTSIDE BORDERS
     3. CREANGA'S STORIES TRANSLATED INTO ROMANES LANGUAGE
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     BUCHAREST AND BRATISLAVA CRITICAL OF HUNGARIAN
     STATUS LAW

     Romania and Slovakia have criticized Hungary for failing to live up to
its promise to amend a law that gives benefits to ethnic Hungarians
living abroad. Romanian Prime Minister Adrian Nastase and his Slovak
counterpart Mikulas Dzurinda said the law is unacceptable and urged
Budapest to change it or scrap it. Nastase, who last week concluded a
two-day visit to Slovakia, came out strongly against the law. By Eugen
Tomiuc (RFE/RL).
     Romanian Prime Minister Adrian Nastase and his Slovak counterpart
Mikulas Dzurinda are calling on Hungary to respect a pledge to change a
law granting privileges to ethnic Hungarians living abroad. Romania and
Slovakia, home to the largest ethnic Hungarian minorities in Europe,
have repeatedly criticized the measure, known as the "Status Law," which
offers employment, education, health, and travel benefits to ethnic
Hungarians living abroad. Both countries have insisted that the law,
which came into force last year, must be amended to eliminate what they
call its "extraterritorial character." Slovakia also maintains that it
infringes upon its sovereignty and promotes inequality among its
citizens on ethnic grounds.Hungary has long promised to amend the law.
The Council of Europe in 2001 criticized the law as not being in
accordance with European principles of nondiscrimination.
     Dzurinda and Nastase, appearing at a joint news conference last week in Bratislava, criticized Budapest for delaying amendments to the law.
Dzurinda said: "Of course we expect the law to be amended, and we expect that in the interest of international rules - discussion and agreement
with neighboring states being among them -- changes in this law will
take place in Hungary, and agreement with our countries will follow."
     Nastase was harsher in his criticism, saying the law was unacceptable in its current form and is in conflict with European democratic practices.
"There is a very clear [European] convention regarding this issue
[rights of ethnic minorities]. Besides, to the extent to which all the
countries in Europe have progressed toward democracy, we cannot assume that democratic countries that are members of the Council of Europe are not capable of ensuring conditions for ethnic minorities' existence on their territories and that [such minorities] must be placed under some kind of outside protection," Nastase said.
     The law, adopted by Hungary's previous center-right government led by
nationalist Viktor Orban, refers to ethnic Hungarians in five neighboring countries: Romania, Slovakia, Ukraine, the former Yugoslavia, and Slovenia.
      The measure initially covered Hungarians living in EU member Austria but subsequently excluded that group to comply with EU rules against ethnic discrimination among EU citizens. However, the Council of Europe's chief legal consultative body, the Venice Commission, has warned that the
Status Law still does not comply with the EU's rules on nondiscrimination.
     Nastase went a step further last week, calling for the abolition of the
law, which he labeled a relic of the past. "In Romania, and in Slovakia
as well, the Hungarian minorities' organizations are part of the
government structures or support the government through cooperation
protocols [and] are represented in parliament.
     Therefore, I don't think there is a fundamental problem regarding their
rights in terms of freedom of expression or identity. I have the impression that we are dealing here more with problems coming from the 19th century, and I believe that we all have the duty, by cooperating with the Hungarian government and with European organizations, to find a solution to close down as fast as possible this chapter, which came out of an electoral initiative of the Orban government," Nastase said.
     Under a memorandum signed in December 2001, Romania and Hungary agreed to initiate amendments to the law after six months. But Nastase
yesterday said he did not understand why Budapest has not made more
progress on changing the law.
     Hungarian Foreign Ministry spokesman Tamas Toth explained that
amendments are being drafted but that the process is complicated. Toth
told RFE/RL: "This is quite a difficult task, because this is a
Hungarian piece of legislation, or I can put it that this is an internal
affair of Hungary, or it would be an internal affair of Hungary [if it
did not have] external implications. So that's the core of the problem.
That's why it's difficult, because this is a Hungarian law, but we want
to make it in a way that it would be acceptable for the neighbors. So
this is what we are working on, and I hope that this is quite clear for
both [Romanian and Slovak] governments, and I very much hope in the near
future - and I'm not speaking about months but maybe weeks - the new
draft can be finalized and presented to the Hungarian parliament."
     Both Slovakia and Hungary are set to join the European Union in 2004,
and Toth said the law will be amended to comply with EU rules. "After
joining the [European] Union, not only Hungarians living in Slovakia
will be eligible for support, but support will [be available to all]. So
if the Hungarian government, let's say, decides to support the learning
of Hungarian or the studying of Hungarian culture or history, and for
this objective support will be granted, that support will not be limited
to ethnic Hungarians but also to Slovaks, and I would say also to Swedes
or Portuguese, to anybody, to all the citizens of the EU wishing to
participate in this action," Toth said.
     But Bucharest will only join the EU in 2007 at the earliest, and it
remains unclear how Budapest will amend the law to fulfill both EU
requirements and its desire to support the 1.7 million-strong ethnic
Hungarian minority there.

     PEOPLE ADVOCATE IN HUNGRY FOR MINORITIES
     OUTSIDE BORDERS

     CLUJ-NAPOCA - Hungarian Parliament's chairman, Szili Katalin, stated on March 1, in Cluj, that the Hungarian authorities assess the possibility
to set up a new institution, of "ombudsman" (People Advocate), in the
purpose of monitoring the observance of the rights held by Magyars
living beyond the borders. Szili Katalin also stated that he had
informed the Prime Minister Adrian Nastase, within a meeting they had on
Friday, that the Hungarian State is willing to bring contribution by
means of experts and finances in order to restore and reinstall Statuia
"Libertatii"(Liberty Statue) in Arad. At the meeting with the representatives of UDMR Executive Presidium, Szili Katalin, assured them the changes, which are to be implemented in the status Law of the Magyar living beyond borders will contribute to the welfare of Magyar community from Romania. (DIVERS)

     CREANGA'S STORIES TRANSLATED INTO ROMANES
      LANGUAGE ALBA IULIA

      "Montana Motilor" Association of Alba Iulia accomplished
the work "Paramica", which is the translation into Romanes language of
"Povestiri" (Stories) book written by Ion Creanga, one of the greatest
Romanian writers. The publication was released as part of the project
called "Preventing schooling and relational non-acclimatization of Roma
and non-Roma children within multiethnic community of Vasile Goldis
Primary and Secondary School", financed as part of Phare Access
Programme - micro projects sector. The work has been elaborated by the
Ministry of Education and Research and certified as "Auxiliary
educational subject for the education of Roma students". (DIVERS)
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     DIVERS is a weekly news bulletin edited by the Mediafax News Agency
with financial support from Ethnocultural Diversity Resource Center (EDRC) in Cluj.
     For now, the full version of the bulletin is only available in Romanian and can be found at www.divers.ro
     E-mail: divers@mediafax.ro
                                                                      Published on 2003-04-07

     Russia before un anti-racism committee

     MARCH 10, 2003 - Today, the United Nations Committee on the Elimination of Racial Discrimination reviews the Russian Federation’s compliance with the International Convention on the Elimination of All Forms of Racial Discrimination. In preparation for today’s meeting, the European Roma Rights Center (ERRC) submitted written comments on the human rights situation of Roma in the Russian Federation to the Committee for consideration during its review.
      The ERRC believes that today’s review offers an opportunity to highlight some of the most significant respects in which the Government of the Russian Federation has failed to fulfil its commitments under the Convention. On the occasion of the review, ERRC Executive Director Dimitrina Petrova, said: "Russia is in the throes of an extreme outbreak of racism. Roma in Russia today are in a state of raw exposure to the abuse of their fundamental rights. Reports of anti-Romani violence we receive from Russia are, in magnitude and kind, of a different and greater order than those we have seen elsewhere. And yet to date there has been for the most part silence about Roma rights issues in Russia. We hope CERD will today begin to change that."
      The ERRC submission documents violations of Articles 2, 3, and 5 of the Convention, as follows:
      As to Article 2, the Government has failed to comply with its obligations to “prohibit and bring to an end, by all appropriate means, including legislation […] racial discrimination.” The few relevant legal provisions in this area are inadequate and fail to offer effective protection from discrimination. In the absence of adequate anti-discrimination provisions, Roma in Russia are subjected to discrimination in nearly all areas of public life, from interaction with law-enforcement authorities and the judiciary to the exercise of economic, social and cultural rights.
      As to Article 3 of the Convention, the ERRC is concerned that the Government of the Russian Federation has failed to prevent, prohibit and eradicate the racial segregation of Roma. A large number of Roma live in a state of complete separation from mainstream society, in segregated settlements or ghettos characterised by substandard conditions, and which often have very problematic access to public transportation and other services. This is a major obstacle for Roma seeking to gain access to mainstream schooling or employment opportunities in Russia, and to claim fundamental rights generally. Furthermore, the ERRC and partner organisations have documented instances in which local authorities in Russia have forced Roma out of integrated housing — either by intimidating them into leaving town, or by simply escorting them out with the assistance of local law-enforcement officials.
      As to Article 5, research by the ERRC and its partner organisations in Russia has established that Roma frequently fall victim to racially motivated violence and abuse by both state and non-state actors. Police abuse of Roma documented by the ERRC in a number of instances rises to the level of torture, sometimes resulting in deaths in custody. In addition, police engage in massive and often widely publicised abusive raids on Romani communities and households, as well as abusive and often malicious investigation of Roma on often arbitrary or simply racist grounds. Also, in recent years, members of formal or informal nationalist-extremist vigilante groups have increasingly targeted Roma for violent attacks.
      When such abuses occur, they are rarely investigated and even more rarely punished by Russian authorities. Complaints concerning human rights abuses against Roma are either completely ignored by police officials and prosecutorial authorities, or, at best, are investigated only pro forma. When seeking redress for police inaction in cases of human rights violations, Roma are often arbitrarily denied justice by the courts, which place insurmountable bureaucratic obstacles in the way of the victims’ access to judicial remedies. Roma who enter the judicial system in the capacity of defendants frequently find themselves arbitrarily subjected to longer periods of detention than non-Roma both in the pre-trial period and following sentencing. Frequently the sole effective method of seeking release from arbitrary detention is the payment of bribes. Law-enforcement authorities have also failed adequately to protect Roma from a wave of racially motivated violence by non-state actors.
      Finally, the ERRC and its partner organisations have documented violations of the rights of Roma to be free from discrimination in the exercise of economic and social rights, as protected by Article 5 of the Convention. Roma in the Russian Federation suffer from discrimination in the field of housing; in particular, Roma are denied basic security of tenure and their access to adequate housing is effectively blocked by local authorities in a number of localities.
      Based on its findings, the ERRC recommends that the Russian Government undertake the following measures:
      - Adopt comprehensive anti-discrimination legislation in line with current international standards in the field.
      - Without delay, ratify Protocol No. 12 to the European Convention on Human Rights.
      - Investigate promptly and impartially incidents of violence against Roma and prosecute the perpetrators of such crimes to the fullest extent of the law, whether the perpetrators are law- enforcement officers or private parties; make public guidelines to law-enforcement and judicial authorities on identifying, investigating, and punishing racially-motivated crime.
      - Publish detailed statistics disaggregated by race and ethnicity, at minimum yearly and in a format readily understandable to a lay person, on the number of racially motivated crimes occurring and prosecuted.
      - Adopt effective measures to prevent, identify and, where occurring, punish manifestations of racial bias in the judicial system.
      - Take swift action to stamp out corruption among law-enforcement authorities and members of the judiciary.
      - Without delay, curb discriminatory segregationist practices in the field of housing and punish those responsible for actions aimed at forcing Roma out of integrated housing arrangements.
      - Provide security of tenure for residents of Romani communities and informal settlements, and protect the inhabitants from forced and arbitrary evictions, as well as segregationist practices.
      - Ensure effective remedy for cases of discrimination against Roma in the field of housing.
      - Undertake effective measures to ensure that local authorities register all persons actually residing in a given municipality, without regard to race.
      - Provide free legal aid to members of weak groups, including Roma and the indigent.
      - Conduct comprehensive human rights and anti-racism training for the national and local administration, members of the police force and of the judiciary.
      - At the highest levels, speak out against racial discrimination against Roma and others, and make clear that racism will not be tolerated.
      The full text of the ERRC written submission is available on the Internet at: http://www.errc.org/publications/legal/index.shtml.
      The ERRC is an international public interest law organisation which monitors the situation of Roma in Europe and provides legal defence in cases of human rights abuse. Since its establishment in 1996, the ERRC has undertaken first-hand field research in more than a dozen countries, including Russia, and has disseminated numerous publications, from book-length studies to advocacy letters and public statements. ERRC publications about Russia and other countries, as well as additional information about the organisation, are available on the Internet at http://www.errc.org.
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     The European Roma Rights Center is an international public interest law organisation which monitors the rights of Roma and provides legal defence in cases of human rights abuse. For more information about the European Roma Rights Center, visit the ERRC on the web at http://www.errc.org.

European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary
Phone: +36 1 4132200
Fax: +36 1 4132201

For correspondence, to subscribe and unsubscribe from this list, please use office@errc.org.
                                                                      Published on 2003-04-07

     The only light is the light of the candle whose flame is
     swinging in the wind in our tent

     There is corner of Europe where having a slightly darker shade of skin is enough to risk being kidnapped, tortured, raped, killed... enough to have your house burned down and all your belongings taken away.
     This corner is Kosovo, the only place in Europe where the Roma used to have houses and jobs and lived peacefully with their neighbours; where they could study at school in their own language and where they even had a minister in the government.
     Thanks to the war we stepped so lightly into, our allies have cleaned Kosovo from "Gypsies" with a pogrom which has no precedents since the times of WWII. 30,000 NATO soldiers have done nothing to prevent this genocide.
     Thousands of families lost everything in a few days; those who survived went to Serbia - a country suffering from an embargo and which already hosts one million refugees; to Montenegro or Macedonia - countries on the brink of civil war. A small nucleus stayed in Kosovo, besieged in camps and ghettoes: going shopping or to hospital means risking their lives.
     Many borrowed money at an interest rate of ten per cent a month to get on boats belonging to mafiosi from our and other countries, in order to cross the Adriatic. Not all came across alive, and those who did often live in hair-raising conditions in camps.
     Cheerful imaginings about the "Gypsy soul" should not allow us to forget the words of those who are still down there - the Roma mothers of a camp called Stenkovac 2 in Macedonia; words we pass on to you as we received them:
     "Mothers all over the world, as we are writing this appeal to you, our hands are frozen, the only light is the light of the candle whose flame is swinging in the wind in our tent.
     Instead of heat from the stove, our children's hearts are warmed only by our motherly love and our hopes for a better future. Mothers all over the world, please help us, help our children in these, the worst times in our lives."
                                                                     Published on 2003-02-03

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