Kontakt / Problemele maghiarilor din România ajung în atenția Consiliului Europei
Problemele maghiarilor din România ajung în atenția Consiliului Europei
Reprezentanții Comitetului consultativ pentru Convenția-cadru privind protecția minorităților naționale, organism specializat cu rol consultativ al Consiliului Europei, au dat publicității un raport dur în privința modului în care autoritățile din România înteleg să respecte și să protejze drepturile și libertățile minorităților naționale din România. Presa din România a reflectat acest raport cu mult subiectivism. Corbii Albi vă pune la dispoziție pasajele (în limba engleză) care se referă la minoritatea maghiară, învitându-vă să consultați textul original (complet) AICI.
Nerespectarea legilor referitoare la bilingvism
90. The Advisory Committee notes with regret that, in practice, the right to use one’s minority language in dealings with local authorities in the administrative territorial units where the threshold has been attained is not always respected. A survey conducted in 2016 by the Democratic Alliance of Hungarians in Romania found that of all the municipalities contacted, only 130 provided replies on the possibility to use the Hungarian language in relations with the relevant public administration authorities. Thirteen of these answers were written exclusively in Romanian and 51 declared that no normative decisions of the local councils were translated
91. Furthermore, although Article 131 of Law No. 215/2001 expressly states that the provisions of the law remain in effect if the share of a given minority population falls below the threshold established by the law, in all 15 territorial units where the proportion of persons belonging to the Hungarian minority decreased between censuses of 2001 and 2011 under 20% the use of the Hungarian language all but ceased in contacts with local public administration in these settlements and none of them translate their official documents, or issue forms in the Hungarian language.
92. Similar conclusions were reached in 2012 by the National Council for Combating Discrimination, which analysed the fulfilment of the obligation to translate decisions and communications of public interest of over 60 institutions and local authorities and publish them on their web pages. The NCCD found that no institutions complied with this legal obligation to ensure equal access to public information in Hungarian for Romanian citizens belonging to the Hungarian national minority
Obstrucționarea retrocedărilor clădirilor construite de maghiari, confiscate ulterior de comuniști
56. Moreover the Advisory Committee observes that according to Hungarian national minority representatives some 4 500 out of 30 000 listed buildings, constituting material heritage of Romania, are connected with the Hungarian national minority. Regrettably, many such buildings are in poor (or very poor) condition, are left unattended and have not been properly secured due to the state of legal uncertainty surrounding property rights. Long38 and costly court procedures39 compound the problem and many buildings have in the meantime been damaged beyond repair.
57. One such protracted legal procedure concerned the Batthyaneum Library and the Astronomy Institute in Alba Iulia and resulted in the European Court of Human Rights ruling that it “was unable to discern legitimate justification for the State’s prolonged failure to act” and held that “the uncertainty affecting the applicant association for 14 years with regard to the legal status of the property claimed by it was all the more incomprehensible in view of the cultural and historical importance of the assets in question”.
Atmosferă antisecuiască generalizată
51. In the counties of Covasna and Harghita, and a part of the Mureș County, persons belonging to the Hungarian national minority face particular problems related to preservation of their identity and cultural heritage. In particular, the authorities steadfastly refuse any reference to the name of ‘Szeklerland’, its symbols and traditions.
The Advisory Committee regrets to note the courts’ refusal to register associations, such as Pro Turismo Terrae Siculorum, on the grounds that ‘Szeklerland’ is not a legally recognised administrative unit. The Advisory Committee find this most surprising given that organisations invoking other historic names such as Bucovina or Banat 36 do not encounter such obstacles.
Complicitate generalizată la menținerea atmosferei antimaghiare în cadrul întrecerilor sportive
62. The Advisory Committee is also concerned about continuing reports indicating that racism and anti-Hungarian sentiment continue to be a negative undercurrent at sports events in Romania. In spite of a number of campaigns such as “Racism Breaks the Game” (Rasismul strică fotbalul), participation of Romanian football teams in the Europe-wide campaign “Let's Kick Racism Out of the Stadiums” and the declared clampdown by the authorities, the number of cases of racial abuse is alarmingly high.
Such unacceptable behaviour is not limited to football stadiums, but has been seen also during other sports events. For example, fans of the basketball team CSU Atlassib Sibiu displayed during a game with BC Târgu Mureș a banner with sexually-explicit insults directed at ethnic Hungarians and repeatedly chanted “Hungarians, out of the country”. The Advisory Committee welcomes that following this incident the NCCD took action and imposed fines on CSU Atlassib Sibiu and the Romanian Basketball Federation.
Forme diverse ale minimalizării importanței limbii maghiare în detrimental limbii române
101. The Advisory Committee further notes that in a number of municipalities inhabited by a substantial number of persons belonging to the Hungarian minority (and where the 20% threshold has been met), such as Satu Mare, Carei, Oradea and Tășnad,76 street signs remain monolingual (in the Romanian language only), or as in the case of Târgu Mureș partially translated into the Hungarian language by adding words ‘street’ and ‘square’ in Hungarian to Romanian language street name signs.
The Advisory Committee notes that such partial transcription was considered in 2014 by the National Council for Combating Discrimination (NCCD) to constitute discrimination. This decision of the NCCD was subsequently overturned by the Court of Appeal and an appeal to the High Court of Cassation and Justice submitted in June 2015 is currently pending.
102. The Advisory Committee welcomes the decision of the mayor of Cluj-Napoca not to appeal the ruling of the court of first instance of 21 February 2017, which ordered him to install bilingual (Romanian and Hungarian) place name signs in Cluj-Napoca.
Proteste recente ale civililor maghiari pentru a obliga Primăria Cluj să respecte în totalitate legile referitoare la maghiari
This ruling addresses in fact the situation of municipalities where the share of a national minority dropped below the 20% threshold between the 2002 and 2011 censuses. The Advisory Committee underlines in this context the importance of promoting bilingual signs, as this conveys the message that a given territory is shared in harmony by various population groups.
Obstrucționarea strategiei maghiarilor de supraviețuire prin învățământ privat și de stat
118. The Advisory Committee notes concerns conveyed by persons belonging to the Hungarian minority, caused by the threat of closing of the Rákóczi Ferenc high school in Târgu Mureș established in 2014 with the approval of the local authorities, in a building belonging to the Roman-Catholic Church and providing education in the Hungarian language.
It notes in this context that in 2015, the National Anti-corruption Agency filed criminal charges concerning alleged corruption in allocation by the local authorities of funds for the renovation of the building which houses the school. This procedure is still ongoing. Furthermore, in the spring of 2017, the County School Inspectorate did not authorise enrolment of children in the 1st, 5th and 9th grades for the school year 2017-18, arguing that the school has not been properly registered with the Ministry of Education, Research, Youth and Sports.
124. It has to be noted however that, according to Hungarian minority representatives, the curriculum for teaching the Romanian language and literature in schools using Hungarian as the language of instruction was, until recently, not adapted for lower grade classes (primary schools and colleges), as provided for by the 2001 Law on Education. Regrettably, the process of adapting the curricula for upper secondary schools has not been completed and children there learn according to the standard curriculum.
The absence of distinction has damaging effects. Hungarian-speaking children, who have attended schools with Hungarian language of instruction, in particular those living in areas where persons belonging to the Hungarian minority are in the majority, struggle to learn Romanian and complete their schooling without a satisfactory knowledge of the official language, thus hampering their prospects when seeking university admission. To counteract this negative outcome, Hungarian minority associations and foundations financed from Hungary have been implementing Romanian language tutorial programmes in the Harghita and Covasna counties, reportedly achieving positive examination results.
Marginalizarea secției maghiare de la Universitatea de Medicină și Farmacie Târgu Mureș (fondat pentru învățământul maghiar)
127. The Advisory Committee notes that three public higher education institutions continue to provide education in the languages of national minorities. The Babeș-Bolyai University in Cluj-Napoca provides tuition in Romanian, Hungarian and German, while the University of Theatrical Arts and the Medicine and Pharmacy University in Târgu Mureș use Romanian and Hungarian languages in education.
The Advisory Committee notes that representatives of the Hungarian minority continue to call for the establishment of an independent Medical Department at the Târgu Mureș Medicine and Pharmacy University using the Hungarian language.
Textul original (complet) AICI.