MINELREL-L Archive (10292001-09:24:35-9044)

Fwd: CoE and RFE/RL: Venice Commission Recommendation on Hungarian Status Law and Reactions in Hungary and Romania


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Subject: Fwd: CoE and RFE/RL: Venice Commission Recommendation on Hungarian Status Law and Reactions in Hungary and Romania


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Fwd: CoE and RFE/RL: Venice Commission Recommendation on
Hungarian Status Law and Reactions in Hungary and Romania


VENICE COMMISSION
 
754a(2001)
 
Venice Commission report on preferential treatment of national
minorities by their kin-State
http://press.coe.int/cp/2001/754a(2001).htm

Strasbourg, 23.10.2001 - At the request of the Romanian and Hungarian
Governments, the Council of Europe Commission for Democracy Through
Law (Venice Commission) has just made public a report concerning the
preferential treatment of national minorities by their kin-State.

The report examines a recent practice in a number of European States
of taking unilateral legislative or administrative measures conferring
on persons belonging to their kin-minorities abroad certain
preferences and assistance. These measures range from scholarships and
training for teachers to travelling benefits and exemption from
permits of stay. Certain kin-States issue documents proving the
national background of the holder and the latter's entitlement to the
preferential treatment and assistance.

The questions raised by this practice have been subject to heated
debates within different international organisations such as the
Council of Europe, the European Union and the OSCE. The report of the
Venice Commission is the first to address the question with a view to
issuing guidelines which States are expected to follow in this field.
 
The Commission has found that the adoption by kin-States of such
unilateral measures is legitimate. However, the principles of
territorial sovereignty of States, respect of agreements in force,
friendly relations amongst States and human rights and fundamental
freedoms must be upheld.

The States concerned are expected to amend their practice on a number
of points. In particular, they will have to avoid taking measures with
extraterritorial effects without prior consent of the affected
countries, unless such consent can be assumed in the light of an
international custom or such measures are authorised under a bilateral
treaty. When such treaty exists, it must be enforced and interpreted
in good faith, and unilateral measures on kin-minorities should not
touch upon areas excluded by the treaty.

Documents issued by kin-states may only certify the entitlement to the
benefits provided for under the law. Preferential treatment may be
granted in the fields of culture and education and, under exceptional
circumstances, in other fields, as long as it pursues a legitimate aim
and is proportionate.

The full text of the report will appear shortly on the Commission's
website: http://www.venice.coe.int/


Press Contact
Philippe Potentini, Council of Europe Press Service
Tel. +33 3 88 41 28 95  - Fax. +33 3 88 41 27 90
E-mail: [email protected]


--------------------
 
RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC
___________________________________________________________
RFE/RL NEWSLINE Vol. 5, No. 200, Part II, 22 October 2001
 
MARTONYI REACTS TO VENICE COMMISSION RECOMMENDATION ON STATUS LAW.
Foreign Minister Janos Martonyi said on 19 October in Venice that
Hungary is content that the Venice Commission of EU experts has
concluded that other European countries also have legislation aimed at
encouraging ties with kinfolk living in neighboring countries,
Mediafax reported. Martonyi emphasized that the commission considers
legislation aimed at encouraging minorities to preserve their national
identity as "positive" and that states have the right to approve such
legislation. He said the commission's recommendations (see Romanian
item below) will enable the sides to consult on the implementation on
the Status Law in Hungary, adding that the "interpretation of the
recommendations can, of course, be still divergent," but the
consultations should help "close gaps." Martonyi also said it has
never been the Hungarian intention to have the Status Law apply
elsewhere than in Hungary proper. MS

ROMANIA HAILS 'VICTORY' OVER VENICE COMMISSION RECOMMENDATIONS. Prime
Minister Adrian Nastase and Foreign Minister Mircea Geoana on 19 and
20 October said the recommendations of the Venice Commission of EU
experts have vindicated the Romanian position over the Status Law
passed by the Hungarian parliament earlier this year. The nonbinding
recommendations said that, while legislation encouraging ties with
kinfolk in neighboring countries and intended to preserve their
national identity is "positive," no state can "transfer jurisdiction"
over a part of its territory to another state, nor can legislation
affecting national minorities living abroad be implemented without the
acquiescence of the state in question. It also said that a state whose
citizens are members of national minorities must assume responsibility
for those minorities' welfare. The commission also said that minority
organizations in neighboring countries cannot fulfill tasks that are
the prerogative of the state by definition, such as issuing
identification documents. It said such documents can be issued by
consulates in the neighboring country, but in order to avoid
discrimination must not specify ethnic origin. MS


RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC
___________________________________________________________
RFE/RL NEWSLINE Vol. 5, No. 201, Part II, 23 October 2001
 
HUNGARY HAS NO INTENTION OF RENOUNCING STATUS LAW. Foreign Ministry
State Secretary Zsolt Nemeth told Hungarian radio on 22 October that
Budapest has no reason to renounce the implementation of the Status
Law, Mediafax reported. Nemeth said the Council of Europe's Venice
Commission "positively" evaluated the law and that "not even Romania
can possibly doubt that" (see "RFE/RL Newsline," 22 October 2001). He
said Romania "celebrated victory just because it would otherwise be
very difficult to convince domestic public opinion" that negotiations
must now start with Hungary on the law's implementation. He said
Romanian Premier Adrian Nastase has been invited to visit Hungary and
"if he does not harbor the intention to amplify the conflict, he is
welcome any time in Budapest - the sooner, the better." Nemeth said
Hungary forwarded proposals a few weeks earlier to Romania regarding
the Status Law, but has not received a response. "If Romania does not
want to discuss the matter, we shall consider that it has accepted our
proposals and go ahead with the implementation," Nemeth said. MS


RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC
___________________________________________________________
RFE/RL NEWSLINE Vol. 5, No. 203, Part II, 25 October 2001

OFFICIAL REJECTS ROMANIAN PROPOSAL FOR HUNGARIAN ID CARDS. Hungarian
Foreign Ministry spokesman Gabor Horvath on 24 October said membership
in the Hungarian Democratic Federation of Romania (UDMR) cannot be the
equivalent of membership in the Hungarian minority, "Mediafax"
reported, quoting a BBC report. Rejecting Romanian Prime Minister
Adrian Nastase's recent proposal (see "RFE/RL Newsline," 24 October
2001), Horvath said the Hungarian Status Law will not be applied on
ethnic criteria, but will be based on individuals' declaration of
their Hungarian identity. The number of Romanian citizens of Hungarian
nationality is much larger than the number of those who are members of
the UDMR, Horvath concluded. MSZ

HUNGARIAN PARTY IN ROMANIA AGREES TO NASTASE'S SUGGESTION ON STATUS
LAW. The Hungarian Democratic Federation of Romania (UDMR) agrees with
the proposal made by Premier Nastase that UDMR party cards should be
used to register members of Romania's Hungarian national minority for
the purpose of meeting Status Law conditions, UDMR Chairman Bela Marko
told journalists on 24 October. Marko said Nastase's suggestion "would
simplify procedure" for implementing the Status Law, RFE/RL's
Bucharest bureau reported. He also said the suggestion may lead to
"reaching consensus" over the law between Bucharest and Budapest.
However, Marko was criticized from within the UDMR's own ranks the
same day. UDMR Honorary Chairman Bishop Laszlo Toekes said Nastase's
proposal is "unacceptable," and the UDMR leadership should have
rejected it, as not all members of the Hungarian minority in Romania
are also members of the UDMR. He added that the proposal is
reminiscent of the communist era, "when membership of the Communist
Party" carried with it some special benefits, Mediafax reported. The
proposal was also dismissed by UDMR Deputy Konya Hamar Sandor and by
PNL Chairman Stoica, who said Nastase is "sacrificing national
interests on the altar of party interests," as well as by officials in
Hungary itself (see Hungarian item above). MS


RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC
___________________________________________________________
RFE/RL NEWSLINE Vol. 5, No. 204, Part II, 26 October 2001

HUNGARIAN PREMIER CLAIMS TRIUMPH OVER STATUS LAW. In a speech to
leaders of Hungary's parliamentary parties and those of ethnic
Hungarian organizations abroad attending the Hungarian Standing
Conference in Budapest, Viktor Orban said on 25 October that the
recent recommendations by the Venice Commission of the Council of
Europe vindicate the Hungarian position on the Status Law. "It was a
victory for Hungarian foreign policy that the commission recognized
the protection of ethnic minorities by the mother country as a
positive trend in European law," he said. Orban also said he sees no
obstacles to making the Hungarian Status Law a joint success of
Hungary and its neighboring countries, and said Budapest wants to
continue consultations on implementing the law. Economy Minister
Gyorgy Matolcsy discussed ways of extending the government's economic
investment and development program, the Szechenyi Plan, across its
borders, "Magyar Hirlap" reported. MSZ

ROMANIAN PREMIER SAYS HE WILL PROPOSE TO BUDAPEST A 'PACKAGE DEAL' ON
STATUS LAW. Adrian Nastase said on 26 October that the Venice
Commission recommendations "by and large" confirmed that the Romanian
positions on the Hungarian Status Law are just, and he emphasized that
the commission concluded that the preservation of rights safeguarding
national minorities' culture and identity can by no means be extended
to the economic realm, Romanian radio reported. He said that he
intends to propose to Hungary a "package formula" that will take into
account "the basic philosophy" of the recommendations. The previous
day, Nastase detailed his plan: the elimination from the
Hungarian-Romanian accord of the stipulation limiting the number of
Romanians who can work in Hungary to 8,000; involving Hungarian
consulates in Romania in the issuance of ID cards attesting to
membership of the Hungarian national minority on the basis of a
recommendation from the Hungarian Democratic Federation of Romania;
and allowing any Romanian citizen who wishes to study in Hungary at
the state's expense to do so. MS

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