Background Information

Please see the February 1989 Helsinki Watch Report entitled Destroying Ethnic Identity: The Hungarians in Romania for a thorough survey and history of the Hungarian minority in Romania.

Hungarians have lived in the Romanian region of Transylvania since the ninth century when Magyar (Hungarian) tribes conquered the central Danube basin (Encyclopaedia of Conflicts 1993, 414; Opalski 1996, 91). According to the 1992 census there were 1.6 million Hungarians in Romania (ibid.; Opalski 1996, 83), although some groups estimate that the real figure may be closer to 2 million (Encyclopaedia of Conflicts 1993, 414; CSCE June 1994, 19). Today, Hungarians represent approximately 7 per cent of the population of Romania (Opalski 1996, 83; Tokes 21 Apr. 1993, table 1). In several Transylvanian counties Hungarians account for approximately 50 per cent of the population; in Covasna and Hargitha counties the population is 75-90 per cent Hungarian (Opalski 1996, 90; Tokes 21 Apr. 1993, table 2; DAHR 1994, 7).

The Commission on Security and Cooperation in Europe (CSCE) reported in June 1994 that relations between ethnic Hungarians and Romanians have been strained, and occasionally violent, since the 1989 overthrow of Nicolae Ceausescu (CSCE June 1994, 20-21). According to the 1993 Encyclopaedia of Conflicts, the strained relationship between ethnic Hungarians and Romanians shows, in part, the success of Ceausescu's policy of homogenization; "in post-Revolutionary Romania attempts by the Hungarian minority to reassert their former collective identity have resulted in a fierce reaction from the Romanian majority. ... The myth of Hungarian irredentism which Ceausescu freely dispersed has remained in the minds of Romanians" (1993, 418). As detailed later in this Response, relations between the two have remained tense on a number of political and cultural issues.

Political Background

In September 1992 Ion Iliescu was elected president and the Social Democratic Party of Romania (PSDR) became the ruling party (Political Handbook of the World 1994-1995 1995, 720-21). In the fall of 1992 the government formed an informal coalition with three nationalist groups, the Party of Romanian National Unity (PUNR), the Socialist Labour Party (PSM) and the Greater Romania Party (PRM) (Camus 1996, 212; Uncaptive Minds Spring 1995a, 90; CSCE June 1994, 11). The coalition was later formalized by the signing of the "Protocols of the Four Parties" in January 1995 (ibid.; Camus 1996, 212; OMRI 23 Jan. 1995; Uncaptive Minds Spring 1995a, 90). This political alliance alienated liberals and heightened tensions between minority groups and the government (CSCE June 1994, 11).

The PUNR, PSM and PRM reportedly support a "racial nationalism in favour of a Greater Romania, rejection of democratic values and intolerance toward minorities, especially Hungarian and Jewish" (Camus 1996, 219). The co-chair of the Romanian Helsinki Committee stated that "so long as such extremist nationalists are not excluded from public offices, Romania cannot offer conditions of security to minorities..." (Uncaptive Minds Spring 1995a, 90).

The influence of the three nationalist parties began to wane by 1996; the PRM and the PSM withdrew from the ruling coalition in late 1995 and early 1996 respectively (EECR Winter 1996, 19; AFP 20 Oct. 1995). On 2 September 1996 the ruling PSDR officially broke with the PUNR (OMRI 3 Sept. 1996; VOA 2 Sept. 1996).

The Hungarian Democratic Alliance of Romania (UDMR)

Founded in 1990, the UDMR represents the rights of Hungarians in Romania (Europa 1995 1995, 2552). The UDMR attained 7.5 per cent of the vote in the 1992 elections (CSCE June 1994, 11), securing 27 seats in the Romanian Chamber of Deputies and 12 seats in the country's Senate (RFE/RL 30 Oct. 1992, 2-3).

The UDMR describes itself as an alliance whose "main goal is to protect the interests and rights of the Hungarian minority. ... The union's main objective is based on universal human rights, on collective rights of ethnic minorities [and] on the rule of law ..." (DAHR 1995, 3; Romanian Helsinki Committee 1995, 74-76). The UDMR sees its fundamental objectives as being the preservation of ethnic Hungarian traditions, language and culture through self-determination within Romania (ibid.; DAHR 1994, 11).

The UDMR has been candid in its demand for Hungarian autonomy and the recognition of collective minority rights (Transition 26 May 1995, 23). As a result, in February 1995 the Democratic Convention of Romania (CDR), "an alliance of opposition parties and civic organizations", forced the UDMR out of the alliance on constitutional grounds; the CDR argued that the UDMR's proposal for ethnically based autonomy contravenes Romania's constitution (ibid.; Uncaptive Minds Spring 1995b, 101-02).

In early 1995, Gheorghe Funar, the mayor of Cluj and leader of the nationalist PUNR, "called for the banning of all parties based on ethnicity and arresting those engaged in 'anti-Romanian' efforts" (ibid., 101-02; Kossuth Radio 25 Jan. 1995). The Justice Minister, a PUNR member, supported Funar's call that the UDMR be banned (ibid.; Radio Romania 25 Jan. 1995; OMRI 25 Jan. 1995). In July 1996 the PUNR attempted to prevent the UDMR from registering for the fall 1996 elections (Hungarian Radio 22 July 1996).

Legal Status of Romania's Minorities

Romania's constitution, adopted in November 1991, stipulates that Romania is "a social and democratic state of law in which human dignity, the rights and liberties of citizens, the free development of the human personality, justice, and political pluralism represent supreme values and are guaranteed" (Flanz June 1996, 5; see also AI May 1995, 1). The constitution further guarantees that "the state recognizes and guarantees for members of the national minorities the right to preserve, develop, and express their ethnic, cultural, linguistic, and religious identity. ... Citizens are equal before the law and public authorities, with no privileges and no discrimination" (Flanz June 1996, 5, 7).

Romania has also adopted a number of international human rights treaties, including the International Covenant on Civil and Political Rights, the UN Convention against Torture and the International Convention on the Elimination of All Forms of Racial Discrimination (AI May 1995, 1). Furthermore, the Romanian constitution states that any international treaties ratified by parliament become domestic law and makes it clear that international treaties take precedence over domestic laws if necessary (ibid.; Romanian Helsinki Committee 1995, 68; Flanz June 1996, 6-8).

The constitution also contains some controversial articles: Article 1 states that "Romania is a national state, sovereign and independent, unitary and indivisible" (Flanz June 1996, 5; Romanian Helsinki Committee 1995, 62). Hungarians in particular object to the concept of Romania as a "national state"; they believe that this statement ignores the country's recognized minorities; and "many ethnic Hungarians see themselves as a 'co-nation,' equal partners of Romanians, rather than a national minority" (Opalski 1996, 86). Furthermore, Article 4 maintains that the state is based on the "unity of the Romanian people" (ibid., 85; Romanian Helsinki Committee 1995, 62). The Romanian Helsinki Committee (APADOR-CH) also condemns Article 127 of the constitution which stipulates that national minorities must pay to use their mother tongue in all judicial venues except in criminal courts (1995, 63; Human Rights and Civil Society 1995, 2).

The Romanian Helsinki Committee's 1995 report indicates that the rights guaranteed in the constitution are being undermined by increasingly restrictive legislation submitted to parliament:

the legislative has adopted laws that run counter both to the Constitution and to the international documents Romania has ratified, especially to the European Convention on Human Rights. ...

One of the fields where this regress is most manifestly experienced is that of the rights of persons belonging to national minorities (Romanian Helsinki Committee 1995, 63).

Law No. 69/1991 makes it compulsory to use the Romanian language "in relations between citizens and the local public administration authorities" (Romanian Helsinki Committee 1995, 63; see also Human Rights and Civil Society 1995, 2). Members of national minorities may use their mother tongue in these circumstances, but all "written documents and applications shall be accompanied by authorized translations in Romanian" (Romanian Helsinki Committee 1995, 63). Law No. 69 also stipulates that all local or county councils must hold their sessions in Romanian even if all council members belong to an ethnic minority and speak the language of that minority (ibid., 64). The Romanian Helsinki Committee concludes that "persons belonging to national minorities do not enjoy, in fact, the right to use mother tongue in court and administration. This situation runs counter to the international obligations Romania has pledged 'to fulfil as such in good faith'" (ibid.).

Law No. 75/1994, which gained parliamentary approval in September 1995, stipulates that "'foreign flags shall not be hoisted on Romanian territory unless accompanied by the national flag and only on the occasion of official state visits, international festivities and reunions, on official buildings and in public places established under the present law'" (Romanian Helsinki Committee 1995, 64; Keesing's Sept. 1995, 40740; HRW Dec. 1995, 227). The public raising of foreign flags is punishable by a six month to three-year prison term (Romanian Helsinki Committee 1995, 64). According to the Romanian Helsinki Committee, "this restriction of the freedom of expression and interference with individual privacy—of which the domicile or residence are constituent parts—runs counter to international documents Romania has ratified..." (1995, 64). The same law forbids individual citizens to play the national anthems of foreign countries (ibid.; Keesing's Sept. 1995, 40740). 1995, 64). Several sources note that these restrictions are undoubtedly aimed directly at the Hungarian minority (ibid.; Opalski 1996, 86; Tokes 8 Nov. 1995, 7; HRW Dec. 1995, 227).

A 1996 report indicates that, as of September 1995, Romania had not yet adopted a law specifically on national minorities (Opalski 1996, 87).The OSCE High Commissioner for minorities has "insisted that the Romanian government adopt such a law" (ibid.). Since 1991 a number of different minority laws, including two drafted by the UDMR, have been forwarded to parliament for consideration, but these drafts were never analyzed by parliament (Tokes 8 Nov. 1995, 11; Romanian Helsinki Committee 1995, 68; Opalski 1996, 87). Two observers believe that a law on minorities will not be considered by parliament until after the November 1996 elections (Tokes 8 Nov. 1995, 11; Uncaptive Minds Spring 1995a, 93). At the time of writing this Response, there were no further reports updating the status of this law.

A Council for National Minorities was established by the government in early 1993 and, according to a government spokesperson, the organization "shows the government's determination to resolve the nationality question" (RFE/RL 21 July 1993; ibid. 31 Mar. 1993). However, Hungarian representatives withdrew from the Council in August 1993 in protest of the "government's lack of political will to implement council recommendations" (ibid. 3 Sept. 1993). Roma representatives also left the Council in the fall of 1993 (Opalski 1996, 87; Tokes 8 Nov. 1995, 11).

Education Law

Adopted in June 1995 and promulgated by President Iliescu on 24 July 1995, the Education Law has heightened tensions between ethnic Hungarians and Romanians (Keesing's Aug. 1995, 40696; Country Reports 1995 1996, 987; Le Monde 25 Aug. 1995; Opalski 1996, 85; EECR Fall 1995, 23).The commissioner for minorities of the Council of Europe stated that the law is "'a normative act elaborated on Western standards, guaranteeing all ethnic groups the right to have an education in their native language'" (EECR Fall 1995, 23) and the OSCE High Commissioner for National Minorities deemed the law to be "in line with European and International standards" (Country Reports 1995 1996, 987; Keesing's Aug. 1995, 40695). The new Education Law, however, reportedly offers national minorities fewer rights than were awarded to them during the communist era (Romanian Helsinki Committee 1995, 65; DAHR 27 June 1995; Human Rights and Civil Society 1995, 2). According to the Romanian Helsinki Committee, the law "contains ... some severe restrictions that—taking into consideration their long term effects—represent limitations of the right of national minorities to preserve and assert their identity" (1995, 65).

While the law does designate the right of minorities to study and receive instruction in their mother tongue at all levels, certain provisions of the law restrict this right (ibid. 1995, 65-66; DAHR 17 July 1995, 1). For example, Article 8 states that every county locality must have Romanian language classes, even if there are no students who wish to study in Romanian (ibid.; Romanian Helsinki Committee 1995, 66). According to the Romanian Helsinki Committee this "compulsory existence of such classes could be interpreted as a form of 'convincing', one way or the other, persons belonging to national minorities to give up mother tongue tuition and opt for Romanian" (ibid.).

Article 120 states that "in junior secondary schools, the history of Romanians and geography of Romania shall be taught in Romanian ... . Examinations for these subjects shall be taken in Romanian" (ibid.; DAHR 17 July 1995, 2). This article created a number of concerns, including the fact that "'the history of Romania' has been changed to 'the history of Romanians'; minorities interpreted this change as an insult" (Romanian Helsinki Committee 1995, 66).

The Romanian Helsinki Committee maintains that Article 122 makes native language vocational training unobtainable to minorities in "'vocational, technical, economic, administrative, agricultural [fields] ... specialist training shall be provided in Romanian, ensuring, to the best extent possible, that the technical terminology is also taught in the mother tongue'" (ibid.; DAHR 17 July 1995, 2). According to the Romanian Helsinki Committee

the Romanian state does not offer specialised mother tongue training besides the already existing medical, artistic and teaching sections—no provision being made for technical, economic or legal training. It is obvious that the Parliament confirms thus the wish to preserve Romanian as the only language for legal proceedings, despite Romania's international commitments... (Romanian Helsinki Committee 1995, 67).

Article 124, the most controversial section of the law, states that "admission and graduation examinations shall be taken in Romanian at all levels. Admission and graduation examinations may be taken in the mother tongue for schools, classes and specialised courses taught in the mother tongue ..." (ibid.; DAHR 17 July 1995, 2).

According to the law on education ... access to higher education depends on an entrance examination ... . Under these circumstances, the difference between taking examinations in the language the subject was taught in or in Romanian becomes vital. If students belonging to national minorities are forbidden to take examinations in their mother tongue and language of study, they have slight chances to compete with the other candidates. ... Therefore, although the law does not compel minorities to study in Romanian, it "suggests" the advantages of such choice (Romanian Helsinki Committee 1995, 67; see also DAHR 17 July 1995, 3)

Romanian-Hungarian Basic Treaty

Romania first offered Hungary a basic treaty in 1991, but tensions over inter-ethnic disputes in Translyvania stalled negotiations (UPI 14 Sept. 1996). Negotiations were again hampered in 1994 when Hungary insisted on the inclusion of the Council of Europe's Recommendation 1201 in the treaty (ibid.; Transition 1 Dec. 1995, 46). Recommendation 1201 grants minorities the right to self-rule and deals with the issue of collective rights (UPI 14 Sept. 1996; Transition 8 Mar. 1996, 46; ibid. 1 Dec. 1995, 46-47). Romania, fearing that any autonomy given to the Hungarians would lead to secessionist aspirations, refused to consider including the recommendation (ibid.; ibid. 8 Mar. 1996, 46; UPI 14 Sept. 1996). In August 1995 President Iliescu launched a new proposal aimed at renewing negotiations between the countries (OMRI 5 Sept. 1996; Transition 8 Mar. 1996, 46).

On 16 September 1996 Hungarian Prime Minister Gyula Horn and Romanian Prime Minister Nicolae Vacaroiu signed a basic treaty in Timisoara, Transylvania (MTI 16 Sept. 1996; Hungarian Radio 16 Sept. 1996b; OMRI 17 Sept. 1996).

Several press reports note that the treaty was welcomed and encouraged by the international community (UPI 14 Sept. 1996; Transition 8 Mar. 1996, 46; Reuters 12 Sept. 1996). "Both countries were told that their ambitions to join the European Union and NATO depended on signing the long delayed treaty" (ibid.). UPI reported that "neither Romania nor Hungary hid the fact that the treaty was intended as a preamble to their plans to join NATO" (14 Sept. 1996; see also OMRI 27 Aug. 1996).

The text of the final treaty reflected a compromise in the area of minority rights: a direct reference to Recommendation 1201 is contained in the treaty, but both governments agreed "to clear out the treaty's text with a statement denying ethnic minorities any right to self-government on ethnic basis" (UPI 14 Sept. 1996). The annex to the treaty includes Recommendation 1201, but a note in the annex maintains that "the Contracting Parties [Romania and Hungary] agree that Recommendation 1201 does not refer to collective rights, nor does it impose upon them the obligation to grant to the concerned persons any right to a special status of territorial autonomy based on ethnic criteria" (MTI Econews 17 Sept. 1996). For further information on Recommendation 1201, please see the Transition attachment.

In the treaty both countries pledge to treat their minorities fairly, according to European standards "including their basic demands for higher education in their mother tongue and bilingual legislation" (UPI 16 Sept. 1996; MTI Econews 16 Sept. 1996). The treaty also "lays down the principle of the inviolability of borders and the rejection of territorial claims" (ibid.; UPI 16 Sept. 1996). Hungarian Foreign Minister Laszlo Kovacs hopes that the treaty will finally end "accusations about Hungary's territorial ambitions" (Hungarian Radio 16 Sept. 1996a; UPI 16 Sept. 1996).

Opposition groups in both countries denounced the treaty (AP 3 Sept. 1996; Romanian Radio 29 Aug. 1996; UPI 16 Sept. 1996; Hungarian Radio 18 Aug. 1996). Gheorghe Funar argues that the treaty is "too accommodating to the Hungarian minority" (AP 3 Sept. 1996) and also maintains that Iliescu should be imprisoned for "'betraying Romania's interest'" (UPI 16 Sept. 1996). According to Hungarian critics the interests of Romania's Hungarian minority are ignored by the treaty; the provisions do not guarantee the Hungarian minority collective rights or the right of self-determination (Hungarian Radio 11 Sept. 1996; ibid. 18 Aug. 1996; OMRI 18 Sept. 1996; Romanian Radio 29 Aug. 1996). Furthermore, the treaty does not include reference to the reopening of a Hungarian university, nor does it "give sufficient mention to the return of assets and estates unlawfully confiscated from the congregations and other communities..." (ibid.; Hungarian Radio 11 Sept. 1996; ibid. 18 Aug. 1996; OMRI 18 Sept. 1996). For a copy of the full text of the Basic Treaty, please see the MTI Econews attachment.

Further Issues

According to the 1994 CSCE report, "many ethnic Hungarians remain concerned that a climate of intolerance and xenophobia pervades much of Romanian political life" (June 1994, 21). While there was no violence reported in 1995, tensions and hostilities between ethnic Hungarians and Romanians continued to be provoked by local officials, nationalist parties and the media agents aligned with them (Opalski 1996, 92; Country Reports 1995 1996, 987; HRW Dec. 1995, 226). The mayor of Cluj, Gheorghe Funar, "has taken a number of aggressive actions against members of the ethnic Hungarian community, including ordering the eviction of certain ethnic Hungarian organizations and publications from their premises, and banning the use of bilingual signs" (CSCE June 1994, 22; see also Camus 1996, 215; Tokes 8 Nov. 1995, 7-8). Funar abandoned his attempts to remove a statue of Hungarian King Matthias in downtown Cluj, but he initiated archaeological excavations near the monument and is preparing to raise three new Romanian statues, which will surround the statue of King Matthias (ibid.; Country Reports 1995 1996, 987; HRW Dec. 1995, 226).

Allegations were raised in 1996 that Romanian Intelligence Service (SRI) officials supplied information on the UDMR and on alleged Hungarian irrendentist plans to a Romanian nationalist party; the SRI vehemently denied these claims (Evenimentul Zilei' 2 Apr. 1996; UPI 13 Mar. 1996; Romanian Radio 2 Apr. 1996). A listening device was discovered in an office phone of the UDMR in October 1995; again, the SRI denied any involvement (UPI 26 Oct. 1995). Other allegations are that the Romanian army and police forces have a stronger presence in densely Hungarian populated regions of Transylvania than in other areas of the country (Tokes 8 Nov. 1995, 1-2, 4; RFE/RL 6 Dec. 1994; DUNA TV 27 July 1995; see also Evenimentul Zilei' 6 Mar. 1995). According to one December 1994 report, the police presence in some predominately Hungarian-populated regions is three times larger than in other areas of Romania (RFE/RL 6 Dec. 1994).

The Romanian Helsinki Committee's 1995 report maintains that "the chauvinist, xenophobic and anti-Semitic campaign in the media continued throughout 1995" (1995, 61; see also Opalski 1996, 96). In the past minority groups have regularly criticized the portrayal that they receive in the media; "some print media regularly accuse ethnic Hungarians of subversion, irredentism, arms stockpiling and other preparations for armed conflict" (Opalski 1996, 96).

The UDMR has been active in campaigns aimed at recovering Hungarian churches and schools confiscated during the communist era (DAHR 1995; ibid. 17 Dec. 1995; Reuters 8 Dec. 1995; DUNA TV 14 Nov. 1995; CSCE June 1994, 21). Ethnic Hungarians have also been waging a campaign to have Bolyai University in Cluj restored as a state-financed Hungarian university (ibid.; Tokes 8 Nov. 1995, 7). Romanian officials, however, "have rejected the idea, arguing, for example, that the purpose of higher education is to become useful to Romanian society" (CSCE June 1994, 21). There has been an increase in Hungarian-language courses at the university, although ethnic Hungarians would like to see further concessions in this area (ibid.).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

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Attachment

Transition: Events and Issues in the Former Soviet Union and East-Central Europe and Southeastern Europe [Prague]. 1 December 1995. Vol. 1, No. 22. Gabriel Andreescu. "Romania: Political Manipulation at its Best," pp. 46-49.