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Strasbourg,
23 February 2006 |
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Public ACFC/OP/II(2005)007 |
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Advisory Committee on the Framework Convention for the Protection of National Minorities |
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_____________________________________ |
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Second Opinion
on Romania, adopted on 24 November 2005 |
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Summary
Romania has continued to show commitment in the implementation of the
Framework Convention and has taken new steps to maintain and develop further
the climate of tolerance and intercultural understanding which generally
characterizes Romanian society. New legislative, institutional and practical measures
have been taken to strengthen the protection of persons belonging to national
minorities in fields such as non-discrimination, the use of minority languages
in the public sphere, as well as education, where the situation of the Roma has
received particular attention, but where the necessary financial resources are
not always guaranteed.
Romanian legislation provides important guarantees for the participation
of national minorities and the latter, particularly the Hungarian minority,
play an active role in Romanian public life. However, access to the existing
mechanisms for participation and state support does not extend to all
potentially interested organizations and communities.
Further measures are needed to ensure more effective implementation of the
anti-discrimination legislation and to raise public awareness and tolerance,
especially concerning full and effective equality of the Roma. The social and
economic situation of the Roma remains problematic, and increased efforts,
including of a financial nature, are needed to address manifestations of
discrimination and the difficulties still faced by the Roma in the fields of
employment, housing, health and education.
A balanced approach to the concerns of all interested parties should
prevail in the current process of property restitution, with due consideration
for its impact on the situation of persons belonging to more vulnerable groups.
TABLE OF
CONTENTS
Equality and protection against discrimination
Preservation and development of the culture and identity
of persons belonging to national minorities
Tolerance and intercultural dialogue
Use of minority languages in the public sphere
II. ARTICLE-BY-ARTICLE FINDINGS
Article 3 of the Framework Convention
Article 4 of the Framework Convention
Article 5 of the Framework Convention
Article 6 of the Framework Convention
Article 7 of the Framework Convention
Article 9 of the Framework Convention
Article 10 of the Framework Convention
Article 11 of the Framework Convention
Article 12 of the Framework Convention
Article 14 of the Framework Convention
Article 15 of the Framework Convention
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF
NATIONAL MINORITIES
SECOND OPINION ON ROMANIA
Prep-Opinion
1. The Advisory Committee adopted the present Opinion on 24 November 2005 in accordance with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of Ministers. The findings are based on information contained in the State Report (hereinafter the Report), received on 6 June 2005, and other written sources and on information obtained by the Advisory Committee from governmental and non-governmental contacts during its visit to Bucharest and Braşov from 3 to 7 October 2005.
2. Section I below contains the Advisory Committee’s main findings on key issues pertaining to the implementation of the Framework Convention in Romania. These findings reflect the more detailed article-by-article findings contained in Section II, which covers those provisions of the Framework Convention on which the Advisory Committee has substantive issues to raise.
3. Both sections make extensive reference to the follow-up given to the findings of the first cycle of monitoring of the Framework Convention, contained in the Advisory Committee’s first Opinion on Romania, adopted on 6 April 2001, and in the Committee of Ministers’ corresponding Resolution, adopted on 13 March 2002.
4. The concluding remarks, contained in Section III, could serve as the basis for the Committee of Ministers’ forthcoming conclusions and recommendations on Romania.
5. The Advisory Committee looks forward to continuing its dialogue with the authorities of Romania as well as with representatives of national minorities and others involved in the implementation of the Framework Convention. In order to promote an inclusive and transparent process, the Advisory Committee strongly encourages the authorities to make the present Opinion public upon its receipt.
Main-Findings
6. Romania has pursued a constructive approach to the monitoring procedure of the Framework Convention and also organised a follow-up seminar following the adoption of the first Opinion of the Advisory Committee. The Advisory Committee wishes to underline the constructive and transparent approach of the various public authorities it met in the context of the second cycle of monitoring. It notes with satisfaction the considerable progress recorded in Romania since its first visit in terms of the professionalism and openness of the authorities. However, with regard to consultations with national minorities prior to the transmission of the second State Report, the Advisory Committee regrets that minority representatives did not have sufficient opportunity to influence effectively the State Report. The Framework Convention is nevertheless well known among minorities, public authorities and non-governmental organisations. A number of non-governmental organisations work in Romania in the field of minority protection and contribute considerably to its development.
7. The Advisory Committee welcomes the commitment shown by the Romanian authorities in the implementation of the Framework Convention and the numerous legal and institutional measures taken since the adoption of the first Opinion of the Advisory Committee.
8. A major issue at present is the Draft Law on the Status of National Minorities, currently under examination in the Parliament. There is general consensus among the minorities represented in the Council of National Minorities that a comprehensive law is necessary in order to guarantee the continued respect for the rights of persons belonging to national minorities in Romania. While recognising the importance of this goal, the Advisory Committee urges the authorities to ensure that such legislation is in line with the open and flexible approach advocated by the Advisory Committee and that it respects the need for democratic pluralism among minorities. An assessment of all the effects of the implementation of the envisaged law still needs to be carried out.
Equality and protection against discrimination
9. The Advisory Committee notes with satisfaction the positive measures taken by the Romanian authorities in order to promote full and effective equality in various fields between persons belonging to national minorities and the majority. It notes inter alia the system of reserved places introduced to encourage access of Roma to high school and university education, as well as the measures taken to support the public use of minority languages as well as the system of representation of national minorities in Parliament. Notwithstanding the legislative and institutional measures taken in the field of non-discrimination, there are only rare cases of application of the non-discrimination legislation. Further training and awareness-raising measures in the legal profession and the general public, as well as efforts to address the issue of the independence and resources of the National Council for the Fight against Discrimination, are among the ways to follow-up on these concerns.
10. In spite of the numerous measures taken to improve their situation, most of the Roma continue to be set apart from the rest of the population by considerable disparities. While the first results start to be visible, in particular in education, the impact of these measures remains on the whole limited, and the Roma continue to face serious difficulties, such as discrimination in most key areas, including employment, housing and health.
Preservation and development of the culture and identity of persons
belonging to national minorities
11. Romania has made laudable efforts to support the preservation and development of the identity and culture of persons belonging to national minorities. However, most support is channelled by the Department for Interethnic Relations, through the Council for National Minorities, to organisations represented in this Council, leaving numerically smaller minorities and organisations not represented in the Council for National Minorities at a disadvantage.
12. Recently, more resolute measures have been taken to accelerate the restitution process of church property and possessions that formerly belonged to ethnic communities. However, no assessment has been made of the impact of this process on persons belonging to different minorities and the Roma in particular.
Tolerance and intercultural dialogue
13. The Advisory Committee notes the existence in Romania of a social climate conducive to dialogue and multicultural understanding between national minorities and the majority. Penal legislation has been amended recently to better address ethnically or racially motivated crimes. In other fields, such as education and the media, there is still room for better inclusion of aspects related to the history and culture of national minorities, for instance by reviewing the content of curricula and textbooks intended for the majority, and by allocating better time-slots to minority programmes of interest for a larger audience.
14. Although improvements have been recorded in the way the media cover minority related issues, certain newspapers still publish articles reflecting prejudices against the Roma, in particular at the local level. Moreover, there are isolated instances of politicians expressing hostile views with regard to the Roma, and such statements are at times echoed by the media. Also, in spite of substantial improvements in police conduct as a result of specific training and awareness-raising measures, cases of abusive behaviour and hostile attitudes towards the Roma, even violence in some instances, continue to be reported and require more effective and impartial investigation.
Use of minority languages in the public sphere
15. For several years, Romania has made notable progress at the legislative and practical level with regard to the use of minority languages in the public sphere. Persons belonging to national minorities can now use their mother tongue in their relations with local public authorities and their languages can also be used in local topographical indications. While noting that some difficulties have been reported, the Advisory Committee welcomes the efforts made in Romania to ensure effective implementation of the relevant constitutional and legal provisions. In addition, the Advisory Committee notes that, according to the revised Constitution, persons belonging to national minorities have the right to use their mother tongue in courts, and that this possibility is no longer restricted to penal courts only.
16. The Romanian authorities have continued to pay particular attention to the conditions necessary to ensure equal access to education for persons belonging to national minorities as well as to implement effectively their right to learn their mother tongue or to receive instruction in this language. However, these efforts take place within a context where the budget allocated to education is very low, which has sometimes meant that many of the efforts are completely dependent upon funding from international donors.
17. Shortcomings however persist in this area, in particular for numerically smaller minorities, and it is to be hoped that the new decentralized system of financing education will make it possible to better meet the existing needs.
18. Specific measures have been taken to promote equal access of the Roma to education at all levels, to reduce absenteeism and the school drop-out rate and to improve the educational performance of Roma students. Particular efforts have also been made to prepare adequate teaching material and to train the teaching staff necessary to ensure that these children can study elements of the history and culture of their community and learn their language. This being said, the educational situation of the Roma remains a challenge for the authorities, as absenteeism and school failure still exist, and occasional cases of Roma children isolation in the school system have been reported.
19. Romanian legislation provides considerable guarantees for the participation of persons belonging to national minorities in public life, including, in particular, representation in Parliament guaranteed by law. The Hungarian minority has a strong presence in Romanian public life, currently participating in the Government and influencing considerably the State’s policy of minority protection. More recently other national minorities are also in a position to participate more effectively in political debates. Progress is not as clear with regard to the participation of the Roma in Parliament, although improvements are recorded at local level through Roma elected councillors and consultative structures and positions introduced for the Roma in fields such as education and health. National minorities, especially numerically smaller ones, continue to be under-represented in certain sectors of public administration, such as justice and police.
20. The Advisory Committee finds that the authorities have a dialogue with national minorities exclusively through the organisations represented in the Council of National Minorities. Moreover, since these organisations are at the same time those represented in Parliament and often through the same person, this dialogue may be strongly politicised. The Advisory Committee considers that a more inclusive approach should be pursued, as the current arrangements may also be detrimental to the maintenance of pluralism within the various communities. The current approach also poses problems at local level as reflected in the electoral legislation in force as well as in the Draft Law on the Status of National Minorities.
II. ARTICLE-BY-ARTICLE FINDINGS
Art-by-Art-Findings
Article 3 of the Framework Convention
Scope of application of the Framework Convention
Findings of the first cycle
21.
In its first Opinion on
Romania, the Advisory Committee encouraged the authorities to consider the
possibility of including other groups in the application of the Framework
Convention, adopting, where appropriate, an article-by-article approach, and
consulting those concerned. The authorities were encouraged in particular to
involve representatives of the Csangos in their consideration of this matter.
Current situation
a) Positive developments
22.
The Advisory Committee welcomes
the fact that, as indicated in the State Report, the scope of the Framework
Convention has been extended in Romania to cover two other groups of persons
considered as national minorities - the Macedonians and the Ruthenians, now
represented in Parliament and in the Council of National Minorities. The
following 20 national minorities are represented in the Council of National
Minorities: Albanians, Armenians, Bulgarians, Croats, Germans, Greeks,
Hungarians, Italians, Jews, Poles, Roma, Russian-Lippovans, Serbs, Slovaks and
Czechs (represented by a single organisation), Tatars, Turks, Ukrainians,
Macedonians and Ruthenians.
23.
Much discussion has recently
taken place in Romania on the definition of “national minority” and the access
to the protection afforded as a result of acquiring that status, particularly
in the context of the debate on a Draft Law on the Status of National Minorities.
Minorities hope that, with this law, a number of clarifications will be
forthcoming, offering a suitable response to more recent socio-demographic
trends and formalising in law the official approach in this field. The Advisory
Committee believes that these are essential issues for framing a coherent and
stable policy for the protection of minorities and notes that there is a
consensus in the circles concerned on the need for greater clarity in this
regard.
b) Outstanding issues
24.
Nonetheless, the Advisory
Committee notes that persons belonging to other groups, the Hungarian Csangos
and the Aromanians in particular, have expressed an interest in the measures
taken by the State to protect national minorities and therefore in the
protection afforded by the Framework Convention. The Advisory Committee is
under the impression that even though discussion on these matters has taken
place within the communities in question and in academic circles, there has
only been limited dialogue between the authorities and the representatives of
those concerned, and a clear official response is still awaited.
25. This primarily concerns the Hungarian Csangos[1], who informed the Advisory Committee of their wish to receive support from the State for their efforts to preserve their linguistic identity and their artistic, cultural and religious traditions. The Advisory Committee notes that there are diverging opinions within the Csango community, some of whom consider that while their religion (Catholic) differentiates them from the majority population, they are nevertheless not a separate ethnic group. The Advisory Committee takes note of the demand formulated by those within the Csango community who, considering themselves a distinct group, wish to benefit from State support in areas relevant to the preservation of their identity, including the use of their languages in the context of religious ceremonies. The authorities seem to privilege the view that Csangos form a separate religious group within the majority population but do not have a distinct ethnic identity. However, the Advisory Committee notes that, in practice, members of this community have for several years been able to study Hungarian in public schools and that the number of pupils concerned has increased (from 32 in 2001/2002 to 725 in 2005/2006).
26. The Advisory Committee also notes that in April 2005, an association of Aromanians officially asked the authorities to recognise them as a national minority. Diverging views have also been noted within this community as to the existence of a separate Aromanian language and identity, and therefore whether such recognition is necessary. A part of this community believe that the Aromanians use a dialect of Romanian and represent a sub-group of the Romanian people, which is also the approach adopted by the authorities. It is noted in this context that, in processing the results of the latest population census (held in March 2002), the National Institute for Statistics included those who identified themselves as Aromanians in the figures for Romanians (see also the observations in paragraph 38 below).
27.
To date, Romania does not have a list of officially recognised national
minorities nor a specific procedure for recognising ethnic communities as
national minorities. Nonetheless, the groups taken into account and consulted
by the Government in drawing up measures for the protection of minorities are
those represented in the Council of National Minorities, a consultative body
comprising representatives of citizens belonging to the national minorities
represented in Parliament[2]. At the same time, with regard to elections to the Chamber of
Deputies and the Senate, “within the meaning of the present law, national
minority is understood to mean an ethnic group represented in the Council of
National Minorities”[3].
This implies that in the absence of an official definition of “national
minority”, over and above the data provided by the population census, the
authorities, in order to treat a group as a national minority, take into
account the results of parliamentary elections. As indicated above, the
Advisory Committee welcomes the inclusion of two new groups in the scope of application
of the Framework Convention following the parliamentary elections of 2000. At
the same time, the Advisory Committee considers it problematic from the point
of view of Article 3 of the Framework Convention that the results obtained in
elections are treated as a decisive factor for confirming the existence of a
national minority. The Advisory Committee believes it is essential to ensure
that such a criterion does not lead to unjustified distinctions among groups
potentially eligible for the protection afforded by the Framework Convention.
28.
The Advisory Committee also
notes that the Draft Law on the Status of National Minorities, as it stands on
the date of the adoption of this Opinion, includes an exhaustive list of 20
communities, representing “in the spirit of this law, the national minorities
living in Romania”, and a definition of “national minority”[4],
including, among others, the criterion of citizenship.
29.
The Advisory Committee believes
that such an approach does not adequately reflect the spirit of openness and
dialogue required in relation to Article 3 and other provisions of the
Framework Convention, and it considers that a non-exhaustive list would be
more in keeping with a dynamic and flexible understanding of the concept of
national minority. The Advisory Committee would therefore prefer a formulation
that, rather than excluding certain potentially concerned groups
altogether, would leave scope for the possibility that, in the future,
additional groups would fall within the scope of domestic
minority legislation as well as within the scope of application of the
Framework Convention.
30.
The Advisory Committee further
considers that while citizenship is a legitimate requirement in areas such as
representation in Parliament, the general application of this criterion
nonetheless raises problems in relation to guarantees linked to other key areas
covered by the Framework Convention, such as non-discrimination and equality,
and certain cultural and linguistic rights.
Recommendations
31.
The authorities are encouraged to consider the possibility of including
in the application of the Framework Convention other persons having expressed
an interest in the protection afforded by this Convention, in particular the
Aromanians and the Hungarian Csangos, and to engage in a specific dialogue on
this matter with those concerned. At the same time, they should pursue and
develop existing measures of support for the preservation of the culture and
identity of those concerned.
32.
The authorities should also
ensure that a flexible and open approach to the scope of application the
Framework Convention is reflected in the Draft Law on the Status of National Minorities,
in order to avoid arbitrary and unjustified exclusions and to maintain the
possibility of the future inclusion of other groups, including non-nationals
where appropriate, in the application of the Framework Convention.
Data collection
Findings of the first cycle
33. In its first Opinion on Romania, the Advisory Committee urged the authorities to consult and involve representatives of national minorities in the organisation of the next population census, particularly with regard to the content of the census forms and the options and wording of the question on ethnic origin.
34. In view of the wide discrepancy between the official statistics and the national minorities’ own estimates of their number, the authorities were also encouraged to explore different ways of obtaining reliable statistics on the number of people belonging to minorities and on their situation in various fields.
Current situation
a)
Positive developments
35.
The Advisory Committee notes
that during the last population census in March 2002, three open questions
enabled respondents to express their ethnic origin, mother tongue and religion,
and that the forms used had been discussed in advance with the Council of
National Minorities. Accordingly, persons such as Italians or Csangos, who had
not been listed as acknowledged ethnic groups in the previous census of 1992,
now appeared as distinct groups in the census results. Similarly, the number of
Roma who identified themselves as such increased from 401,087 in 1992 to
535,140 in 2002.
36.
The Advisory Committee noted
with interest the large amount of information, broken down according to many
relevant criteria (age, sex, geographical distribution, or other) available at
the National Institute for Statistics, on the situation of persons belonging to
national minorities in areas such as housing, employment, health and education.
It welcomes the readiness of the NSI to make this information available to
other interested institutions and to carry out, where necessary, further and more
targeted research.
b) Outstanding issues
37.
While welcoming the fact that a
larger number of Roma chose to declare themselves as such in the last census,
the Advisory Committee notes that there are wide discrepancies in respect of
the Roma between the statistics emerging from the census and other estimates,
both official and non-official. These estimates place the number of Roma living
in Romania much higher (between 1 and 2 million).
38.
The State Report says that, in
processing the data gathered in the population census, the NSI had included
people belonging to a number of numerically smaller ethnic groups in the
figures for related, numerically larger groups. In particular, this occurred in
respect of the Aromanians[5],
some of whom have officially asked to be recognised as a national minority. The
Advisory Committee is unclear as to the criteria used for including them in the
figures for larger groups and whether the people concerned were consulted on
the matter.
Recommendations
39.
The authorities are encouraged
to attach greater attention to consulting representatives of the people
concerned when processing data obtained from the census, relating to ethnic
origin, for official publication.
40.
When planning protection
measures for the Roma, the authorities should take appropriate account of the
wide discrepancies between the figures derived from the census and other
estimates as to their number.
Article 4 of the Framework Convention
Prevention and protection against discrimination
Findings of the first cycle
41.
In its first Opinion on
Romania, the Advisory Committee urged the authorities to implement promptly and
fully the legal provisions for ensuring protection against discrimination and
to take all necessary measures to ensure that the National Council for the
Prevention of Discrimination was able to operate appropriately and effectively.
Current situation
a)
Positive developments
42.
The Advisory Committee welcomes
the legislative measures taken by Romania to strengthen protection against
discrimination. It notes in particular the passing of Law No. 48/2002,
ratifying Government Order No. 137/2000 on Preventing and Punishing all Forms
of Discrimination, and bringing together the legal provisions governing anti-discrimination
measures in Romania. The Code of Conduct for Civil Servants, adopted by Law No.
7/2004, is also an important addition to the regulations introduced in Romania
to ensure compliance with the principles of equality and non-discrimination.
43.
The Advisory Committee also
notes that the Romanian Constitution, revised in 2003, introduces, among other
new provisions relating to the protection of minorities, a prohibition of
nationalisation or any expropriation on the grounds of social, ethnic,
religious, political or any other discriminatory criterion in respect of the
owners (Article 44 (4)).
44.
At the institutional level, the
Advisory Committee notes the setting up of the National Council for the Fight
against Discrimination[6]
as a specialist body overseeing the implementation of the principles of equal
treatment and equal opportunities and monitoring the application of
anti-discrimination legislation. Despite the limited material and human resources
available, this Council has steadily developed its activities in terms of both
information and awareness-raising and applying sanctions to those who have
committed acts of discrimination. The Advisory Committee notes with
satisfaction the increased determination and commitment shown by this Council
to improve its working methods and conditions, to raise its profile and
strengthen its credibility. The Advisory Committee also appreciates the efforts
made to ensure that national minorities, including the Roma, are represented in
its Steering Board.
45.
Complaints of discrimination[7]
and decisions issued relate primarily to acts of discrimination against Roma,
in particular with regard to access to public places, and discriminatory or
racist articles or advertisements appearing in the press. The Advisory Committee
also takes notes of the decisions and sanctions applied (in the form of fines)
further to complaints of discrimination in access to housing or in education.
b) Outstanding issues
46.
The Advisory Committee notes
that numerous non-governmental sources have criticised the National Council for
the Fight against Discrimination for its limited impact, the little authority
it has vis-à-vis public institutions and its failure to deal in depth with discrimination-related
problems. One of the main concerns expressed by these sources is related to the
independence of this body. A new anti-discrimination law, currently prepared by
the Government, is aimed at strengthening the independence of the National
Council for the Fight against Discrimination, which will be placed under the
responsibility of the Parliament.
47.
More generally, the Advisory
Committee notes that a very small number of cases of discrimination on ethnic
grounds have been reported. While this may be due to the rare occurrence of
such cases, it may also be due to the fact that anti-discrimination legislation
is not often applied by those concerned,
whether judges, lawyers, prosecutors or whoever, and that the general public is
not sufficiently aware of this legislation. The Advisory Committee hopes that the legislative measures recently
taken to encourage recruitment of persons belonging to national minorities in
the judiciary will make it possible to increase awareness of minority related
issues within the legal profession (see also related comments in paragraph 181
below).
Recommendation
48.
The authorities should take all
necessary measures to ensure that the National Council for the Fight against
Discrimination can operate independently and effectively. To this end,
particular attention should be paid to revising its statute and allocating
appropriate human and financial resources. There is also a need for further
information and awareness-raising measures relating to anti-discrimination
legislation, targeting both the population at large and the public authorities.
Application of the principles of equality and
non-discrimination with regard to the Roma
Findings of the first cycle
49.
In its first Opinion on
Romania, the Advisory Committee called on the authorities to take more decisive
steps to address the social and economic inequalities affecting the Roma
population and to prevent and combat instances of discrimination which the Roma
continued to suffer in various fields.
Current situation
a)
Positive developments
50.
In application of the Strategy
to improve the situation of the Roma adopted by the Government in 2001[8],
improving the lot of the Roma has been a priority for the Romanian authorities
in recent years. At the institutional level, a joint implementing and
monitoring committee, with the National Agency for Roma as its executive body,
is responsible for planning, co-ordinating and monitoring the implementation of
the various measures developed under this strategy. Throughout the country,
county offices for Roma have been set up in prefectures and Roma experts have
been recruited in municipal authorities.
51.
As pointed out in the State
Report, many projects and programmes have been set in motion at national and
local level to help the Roma cope with the difficulties encountered in most
walks of life and to narrow the gap between them and the rest of the
population. The Advisory Committee notes with satisfaction that these measures,
adopted in the majority of cases in co-operation with non-governmental
organisations and with external financial support, are gradually beginning to
show results in a variety of sectors – housing, employment, health and
vocational training.
52.
For example, school mediators
and school inspectors for Roma have been appointed in the education sector,
alongside forms of distance learning to train Roma teachers. As a result of
these measures, an increasing number of Roma children are able to be taught the
Roma language. They now have suitable textbooks and educational material.
53.
In order to improve the health
situation of the Roma, greater efforts have been exerted to raise the awareness
of this community and to facilitate their access to health care, including via
health mediators. These are posts for which almost 200 Roma women have been
trained and recruited. In the employment field, a number of projects have been developed
with non-governmental organisations to facilitate Roma access to the labour
market (vocational training or re-training programmes, employment fairs for
Roma, etc).
b) Outstanding issues
54.
The implementation of the Strategy
to improve the situation of the Roma, as well as the impact of this strategy,
has been limited, although progress has been noted in the various sectors
concerned. This state of affairs is often attributed to the limited state
resources allocated for implementation of the strategy, both overall and in
individual sectors, alongside insufficient co-ordination of those involved and
the lack of appropriate monitoring. There has also been weak and ineffective
participation by the Roma community in the various stages of drawing up and
implementing the measures coming under the strategy.
55.
Accordingly, the Roma continue
to face serious problems in many areas, and to be victims of marginalisation
and social exclusion. Despite the many measures taken to help them enter the
labour market, unemployment remains particularly high among the Roma, and Roma
women are particularly affected by this. Serious problems are also reported
with regard to housing and living conditions, which continue to be extremely
difficult for a large part of this population. In certain cases, the solutions
opted for by the local authorities to deal with these difficulties - eviction
measures followed by inappropriate rehousing solutions - only make matters
worse for the people concerned. The Advisory Committee also notes that the Roma
are exposed to additional difficulties in the context of the restitution of
property under way in Romania (see also observations under Article 5 below).
56.
In the health and social
welfare fields, the Roma, which form the population group with the largest
number of families living on social benefits, are particularly affected by the
more general problem of implementation of current legislation. In education,
despite significant progress, there are still many problems facing the Roma,
and these has a negative impact on their access to the labour market and on
their living conditions (see also observations under Articles 12 and 14 below).
57.
It should also be noted that,
even though now less frequent and despite sanctions imposed by the National
Council for the Fight against Discrimination, discrimination against the Roma
in different sectors continues to be reported, ranging from refusal to employ
Roma to discriminatory practices of certain local authorities as regards
restitution of land and access to social benefits.
58.
The Advisory Committee notes
with concern that, according to estimates by the authorities, around 50,000 Roma
have no identity documents, a situation which seriously hampers their access to
the majority of social and economic rights (social welfare, education,
employment and housing). Major difficulties will also emerge, as a result of
this lack of documents, for those Roma whose housing was affected by the floods
of summer 2005. However, efforts are under way to help the persons concerned
obtain these documents and the National Population Inspectorate is in contact
with Roma organisations in order jointly to identify the most appropriate
solutions.
Recommendations
59.
The authorities should take
more decisive measures, in consultation with the Roma, to overcome the
shortcomings noted in the sectors identified as priority areas in the
evaluation of the 2001 Governmental Strategy for the Roma. Increased attention
should be paid to the level of resources allocated in this context.
60.
The authorities are also called
upon to ensure ongoing monitoring of the situation regarding discriminatory
attitudes and practices vis-à-vis the Roma. At the same time, information and
awareness-raising activities in this field, targeting the Roma, the rest of the
population and the public authorities concerned, should be stepped up.
Article 5 of the Framework Convention
State support for the preservation of the cultures of
national minorities
Findings of the first cycle
61.
In its first Opinion on
Romania, the Advisory Committee welcomed the efforts of the Romanian
authorities to support the preservation and development of the cultures of
national minorities and encouraged them to take appropriate account, above and
beyond statistics, of the actual situation of the various minorities.
62.
The authorities were also
encouraged to take additional measures, in consultation with the Roma
community, to enhance the Roma identity and improve the social perception of
that identity.
Current situation
a)
Positive developments
63.
The Advisory Committee notes
that the authorities have continued to lend their support for the cultural
activities of national minorities and that appreciable efforts have been made
in this area, taking into account the limited resources available. Hundreds of
projects submitted by the 20 communities represented in the Council of National
Minorities have in recent years received grants from the Ministry of Culture.
The Hungarians, Germans, Roma and Ukrainians are the communities that have most
benefited from these grants.
64.
It should be noted that a new
system for funding these cultural activities, based primarily on competition
between projects, has recently been introduced and will be put into practice
with effect from the 2006 budget. The Advisory Committee notes in this
connection that in order to facilitate access to grants the Ministry of Culture
intends to run training courses for minority organisations to help with the
drafting of projects. In this context, the Advisory Committee notes with satisfaction that
organizations and communities which are not represented in the Council of
National Minorities can also have access to the funds provided by the Ministry
of Culture to support cultural activities.
65.
Minority organisations also
obtain funds from the state budget directly. These funds have increased
significantly in recent years (rising from 90,000,000 Lei in 2001 to
264,434,000 Lei in 2005). The money, distributed by the Department for
Interethnic Relations via the Council of National Minorities, is intended to
help cover running costs but can also be used for cultural purposes. By way of
example, the “Comunitas” foundation, to which the Hungarians have given
responsibility for distribution of the funds allocated to them (amounting to
58,000,000 Lei in 2005), uses these funds primarily for cultural purposes, in
support of the Hungarian press, books (47 published in 2003) and other
publications in Hungarian, as well as other cultural and educational projects.
Participation in other governmental programmes and, for certain minorities,
support from the kin-states, supplement the above funding sources.
66.
In general, national minorities
are appreciative of the efforts made by the authorities in this field. Through
their many institutions, artistic events and publications in minority
languages, etc. they have a rich and visible presence in the cultural life of
the country. There are also many, varied multi-cultural activities which are
given support by the Department for Interethnic Relations, which is
particularly active in this field.
67.
The Advisory Committee also
notes that additional guarantees are expected following the current
parliamentary debate on the Draft Law on the Status of National Minorities which,
inter alia, provides for the
introduction of cultural autonomy for national minorities. The Draft states
that “cultural autonomy is understood to mean the ability of a national
minority to have decision-making powers in matters relating to its cultural,
linguistic and religious identity, through councils elected by its members”
(Article 57.1 of the Draft Law on the Status of National Minorities).
68.
The Advisory Committee
considers that the introduction into the Romanian system of minority protection
of cultural autonomy and the corresponding mechanism, would confirm Romania’s
particular commitment to preserving and asserting the identity of its
minorities. The Advisory Committee wishes to stress that, if this mechanism is
applied, representatives of minorities would play a particularly important role
in decision-making in the fields concerned since such decisions, rather than
being the subject of mere consultation, should be submitted for their mandatory
prior approval. In addition, with cultural autonomy, a collective dimension
going beyond recognition of the rights of persons belonging to minorities as
required by the Framework Convention, would be added to the Romanian system of
protection for minorities.
b) Outstanding issues
69.
Although the Roma, like other communities,
are entitled to state support for minorities’ cultural initiatives, their
representatives indicated to the Advisory Committee that they were encountering
difficulties in obtaining funds and acquiring suitable premises to establish a
national Roma cultural centre. Some representatives of the numerically smaller
minorities are also of the opinion that the support they are given by the state
is still inadequate in relation to their needs.
70.
In addition, several sources
stressed the lack of transparency and clearly defined criteria in the
allocation of funds awarded to minority organisations from the state budget,
and the lack of any mechanism to monitor the use of the funds received. It
would appear that this allocation of funds takes place more often than not by
means of negotiation between minorities and therefore depends on the relative
influence of the different organisations in the Council of National Minorities.
Of course, it is difficult under such conditions to ensure a balance between
the different communities and to correlate the amounts awarded to real needs.
71.
With regard to the mechanism of
“cultural autonomy” introduced by the Draft Law on the Status of National
Minorities, the Advisory Committee considers that, in order to become operational,
the legislature needs to provide additional clarifications.
72.
For example, to avoid an
overlap of responsibilities and the taking of conflicting decisions, special
attention should be focused on relations between the institutions of cultural
autonomy and other decision-making actors, particularly those state bodies
which have the same or similar responsibilities in the fields covered by
cultural autonomy. The Advisory Committee also considers it important to
clarify, in the legislative process, how the future law will fit into the
Romanian legal system and its relationship with the relevant sectoral laws (see
also observations under Article 15below).
Recommendations
73.
The authorities are encouraged,
when awarding state funds to organisations of national minorities, to attach
greater attention to the actual needs of the various communities and to strike an
adequate balance between them. Increased attention should be paid to
transparency in the distribution of funds and also to the role played by local
authorities in supporting national minorities’ activities.
74.
In the present discussion on
the Draft Law on the Status of National Minorities, further clarifications are
needed with regard to the nature and scope of the envisaged cultural autonomy, in
particular the legal status of its institutions and the relationship between
them and state institutions operating in the sectors concerned.
Restitution of church property and assets having belonged
to the communities
Current situation
a)
Positive developments
75.
The Advisory Committee welcomes
the legislative and institutional measures taken in recent years by the
Romanian authorities to speed up the restitution of religious property
confiscated during the Communist regime. It notes in particular that the
regulatory provisions pertaining to this process have been successively
supplemented so as to clarify and extend the scope of restitution[9].
Also, a Government decision adopted in 2004[10]
makes provision, inter alia, for the
matter to be referred to the courts where there is a failure to reach an
agreement between the churches concerned on the ownership of the property at
issue.
76.
The Advisory Committee is aware
of the particular importance and impact of this process, both for the churches
and the persons concerned, some of whom belong to national minorities
(Hungarian, German, Jewish, Armenian, Greeks, Serbian, Turkish, etc). At the
same time, it recognises the complexity and difficulty of the task and
considers that all the parties concerned should co-operate in order to find a
means of implementing the relevant legislation, while maintaining dialogue and
understanding.
77.
Efforts have also been made[11]
to improve the legal framework pertaining to the restitution of properties
which had belonged to certain ethnic communities, confiscated by the state
under the Communist regime. Even though this process is still in its early
stages, progress has also been achieved in implementing this framework.
78.
The Advisory Committee welcomes the
commitment of the Romanian authorities to press ahead with this complex and
ambitious process, in the light of the high expectations of certain minorities
who see this as a way of increasing considerably their current resources. It
notes that in order to obviate the difficulties already encountered and to speed
up the processing of claims received, a further review of the legal and
institutional framework relating to the restitution of property took place in
June 2005.
b) Outstanding issues
79.
The Advisory Committee notes
that the restitution of religious property, which has been taking place in
Romania for several years, has encountered a number of problems and has been
subject to considerable delay. In particular, difficulties have been reported with
regard to former places of worship which had been confiscated.
80.
The restitution of property of
the ethnic communities is just in the very early stages and is proving to be
equally complex. In the absence of a comprehensive assessment of the costs of
this process and of the measures needed to counter its adverse effects, the
Advisory Committee is concerned about its impact on the situation of persons
belonging to more vulnerable groups, such as the Roma. More generally, the
Advisory Committee has noted that this process may result in increasing
inequalities among different national minorities, in terms of resources
available. This situation should also be taken into account in the allocation
of state support to the various communities.
81.
In addition, the Advisory
Committee finds that the restitution of properties currently used for public
interest activities in the areas of education or health, needs to be addressed
in a balanced way, given the impact it may have in these fields for Romanian
society as a whole, including for persons belonging to national minorities. The
Advisory Committee hopes that the new legislative and institutional framework
will make it possible to take greater account of the concerns of all parties
and enable just and suitable solutions to be reached.
Recommendation
82.
The authorities should identify,
in consultation with all the parties concerned and ensuring that dialogue and
mutual understanding are maintained, the most suitable means of implementing
the legislation on the restitution of property. Specific measures should be
envisaged to assess the scope and impact of this process and to address the
situation of persons potentially affected by this process, in particular the
Roma.
Article 6 of the Framework Convention
Tolerance and intercultural dialogue
Findings of the first cycle
83.
In its first Opinion on
Romania, the Advisory Committee, while welcoming the considerable improvement
in inter-community relations, pointed to the outstanding shortcomings in this
field and recommended that the authorities take steps to address them.
Current situation
a)
Positive developments
84.
The Advisory Committee notes
with satisfaction that in general there is a climate of tolerance and
understanding in Romanian society and that the various ethnic, linguistic and
religious groups co-exist in harmony. Although negative prejudices and
attitudes remain in Romanian society with regard to the Roma, the Advisory
Committee notes a positive trend in this respect.
85.
The Advisory Committee welcomes
the efforts made by the authorities to promote mutual respect and understanding
and to adopt more effective means to combat and protect against discrimination,
intolerance and racism. On the legal level, it takes note of the adoption in
2002 of a Government Emergency Order prohibiting, inter alia, fascist, racist or xenophobic organisations and
symbols, and the amendments to the Criminal Code which now includes new
provisions against racist behaviour and discrimination. Recently, in September
2005, new amendments to the Criminal Code were put to Parliament for approval.
These amendments sought to introduce harsher penalties against racially or
ethnically motivated crimes and to make incitement to discrimination liable to
criminal prosecution.
86.
The Advisory Committee also
welcomes the national campaign to inform the population about the Holocaust and
its significance, supported by the public authorities at the highest levels and
carried out by the media. Of note are the inclusion of specific chapters on the
Holocaust in school curricula and the preparation, currently under way, of
additional teaching material to improve the information provided to pupils. A
National Institute for Holocaust Studies has also been set up.
87.
Media monitoring bodies have
also indicated a positive development in the way that the media, and especially
the public media, cover issues relating to minorities, intercultural dialogue
and tolerance. Progress can also be seen in the way the Roma are portrayed in
the media. For example, particularly in the audio-visual sphere, more effort is
made to foster understanding of the specific nature of the Roma culture and the
problems they face. In the press, particularly in the central press, there are fewer
articles stigmatising the Roma and fewer advertisements which discriminate
against them. This can be explained, at least in part, by the sanctions imposed
by the National Council for the Fight against Discrimination on media outlets
which have published such articles. Training and awareness-raising activities
for journalists, which have been organised for several years now, monitoring of
the media by specialist non-governmental organisations, preparation of guides on
best practices and the adoption of a code of ethics for journalists have
certainly made a welcome, albeit still insufficient, contribution to improving
the way the media deals with minority-related issues.
b) Outstanding issues
88.
Although there have been
positive developments in this respect, the Roma continue to face attitudes marked
by negative stereotypes and prejudices on the part of the non-Roma population.
In the media field, especially at local level, headlines or articles which are detrimental
to the Roma continue to appear, despite a positive trend in recent years. More
recently, hostility towards Roma in sports arenas and on Internet discussion
forums has been reported. From time to time, in the speeches of senior Romanian
politicians, anti-Roma stances are adopted which are subsequently reported in
the media. While it is aware that these instances are isolated and for the most
part occur in very specific contexts, prompted by topical events, the Advisory
Committee is concerned about their negative impact on the way in which the Roma
are perceived within society.
89.
The Advisory Committee notes
that few cases of hostility or violence towards the Roma are dealt with and
tried by Romanian courts. More generally, there is virtually no case-law in
Romania on racism and discrimination issues. According to the information
received by the Advisory Committee, one of the factors contributing to this
situation is the limited impact of the measures taken to increase awareness of
such issues within the legal profession. Another reason cited is the victims’
insufficient knowledge of the legislation and procedures enabling them to bring
racist and discriminatory acts before the courts (see also relevant comments in
paragraph 47 above).
90.
The Advisory Committee also notes that substantive efforts are still
needed to strengthen the intercultural dimension of education, making it an
effective means of promoting mutual awareness and understanding between people
belonging to different communities. Even though aspects of the history, culture
and traditions of minorities have been introduced into the curriculum and
textbooks intended for national minorities, such elements have a very limited
presence in the curricula and textbooks used for the majority of the
population.
91.
Despite the recent active
Holocaust information and awareness-raising campaign, certain people, albeit
isolated, continue to promote openly anti-Semitic ideas without appropriate
measures being taken against them.
92. The Advisory Committee has also noted that in two counties in the country, Covasna and Harghita, where people belonging to the Hungarian minority represent the majority of the population (more than 70%), inter-ethnic and inter-cultural dialogue remains problematic.
93. According to the information received by the Advisory Committee, ethnic Romanians’ efforts to preserve and promote their identity are, in the counties concerned, hampered by certain decisions taken by the local authorities. Problems relating to effective participation in public life and the implementation of the principle of full and effective equality in the different spheres of economic, social, political and cultural life have also been reported.
Recommendations
94.
The authorities should pursue
and step up their activities to increase awareness of the population,
politicians and the media of the need for tolerance and respect for diversity, and
in particular to counteract negative prejudices against the Roma. Additional
training efforts are also needed to make professionals in the sphere of the
judiciary more aware of issues relating to ethnic discrimination and
intolerance.
95.
In the education field, the
authorities should attach priority to strengthening the multicultural dimension
of curricula and syllabuses. They should, in particular, review textbooks in co-operation
with representatives of minorities, so as to give an appropriate reflection of
the diversity of Romanian society.
96.
The Advisory Committee calls on
the central and local authorities to take the necessary measures to improve
inter-ethnic dialogue and strengthen mutual respect and understanding in the
counties in which persons belonging to the majority are in a minority situation
and to protect such persons against any discriminatory practices based on their
ethnic origin.
Police conduct
Findings of the first cycle
97.
In its first Opinion on
Romania, the Advisory Committee expressed its concern that cases of
ill-treatment of members of the Roma community by the police continued to be
reported and that such allegations were inadequately investigated. The
authorities were urged to take firmer measures to put an end to these practices
and to improve tolerance among the police forces.
Current situation
a)
Positive developments
98.
The authorities have in recent
years taken many steps to improve relations between the police and minorities,
in particular the Roma. Other initiatives have sought to improve the way in
which discriminatory practices and other forms of abuse by members of the
police forces are prevented and punished.
99.
For example, between 2002 and
2005 there were a number of initiatives to train police officers in human
rights and tolerance, prevention and non-violent management of conflict in
multicultural communities and/or involving Roma, and promoting and encouraging
careers in the police for young Roma. A handbook on working in multi-ethnic
settings has also been published.
100.
The General Police Inspectorate
has issued instructions on measures to prevent discrimination[12]
and a code of conduct for members of the police forces has also been adopted[13].
It is also planned to establish bodies responsible for applying and monitoring
the norms set out in this code. According to various surveys, public confidence
in the police is improving, rising from 39% in October 2004 to 48% in September
2005.
b) Outstanding issues
101.
Although there has been
significant improvement following the efforts made by the authorities, there
continue to be reports of inappropriate behaviour by certain police members vis-à-vis
persons belonging to the Roma community, in some cases involving violence,
although such reports are now much less frequent. Non-governmental sources also
indicate that there are shortcomings in the judicial investigations and prosecution
of such incidents.
102.
Despite the fact that the
Ministry of the Interior has special investigation procedures and a special
body to deal with complaints of abuse by police members and to apply sanctions
where appropriate, the Advisory Committee notes that there are concerns with
regard to the impartiality of such investigations.
Recommendations
103.
The authorities should pursue
and step up their action to train the members of the police and raise their
awareness of human rights and the specific problems inherent in working with
the Roma community and increase their efforts to include more Roma within the
police forces. They should also ensure that such training reaches a larger
number of police officers and engage in more systematic monitoring of the practical
impact of the training provided.
104.
The authorities should identify
the most appropriate solutions to ensure efficient and impartial investigation
of complaints against members of the police forces. Additional measures should
be taken to train and inform members of the legal profession to ensure that
legislation on discrimination and the provisions of the Criminal Code regarding
the fight against racism and intolerance are fully applied.
Article 7 of the Framework Convention
Freedom of association
Current situation
Outstanding issues
105.
The Advisory Committee notes
that the Draft Law on the Status of National Minorities provides for particular
registration conditions for “organisations of citizens belonging to national
minorities”[14]. For certain organisations
set up by persons belonging to minorities, these conditions may prove difficult
to fulfil and be too restrictive. While the Advisory Committee understands that
a number of requirements are necessary for organisations to represent
minorities in Parliament, it nonetheless finds that these provisions raise
problems from the point of view of freedom of association in the case of
organisations set up at local level wishing to promote the interests of
national minorities through local elections.
106.
At the same time, the Advisory
Committee notes that these conditions are very similar to those provided for by
the electoral legislation in force regarding the participation of national
minorities in local elections, which were criticised by the Venice Commission
in 2004[15]
(see, in this connection, the observations given under Article 15 below).
107.
The Advisory Committee further
notes that the impact of these particular registration conditions is not
limited to access to elections and political representation alone. Indeed,
political organisations are granted certain prerogatives which cultural/association-type
organisations, subject to more flexible registration conditions, will not have.
These include important rights such as the right to be represented on the
Council of National Minorities, to manage special funds and to receive annual
grants from the state budget, to put forward representatives in certain
institutions and to bring cases of discrimination to the attention of the National
Council for the Fight against Discrimination. The Advisory Committee believes
that such differential treatment between organisations of minorities is not
conducive to pluralism and internal democracy within minorities (see also the
observations given under Article 15 below).
Recommendations
108.
The authorities should review
the registration conditions envisaged for organisations of national minorities
in order to bring them into line with the requirements of the Framework
Convention, and more particularly with Article 7.
Article 9 of the Framework Convention
Access of persons belonging to national minorities to the
media
Findings of the first cycle
109.
In its first Opinion on
Romania, the Advisory Committee called on the authorities to ensure a more
balanced distribution of resources concerning both television and radio
programmes among the various minorities, paying particular attention to the
needs of the Roma and the numerically smaller minorities. The authorities were
also encouraged to try to improve the time slots for minority radio and television
programmes.
Current situation
a)
Positive developments
110.
The Advisory Committee welcomes
the efforts made by Romania to improve national minorities’ access to the
public media. It draws particular attention to the opportunities available in
this respect to the Hungarian and German minorities. The Hungarians have two
weekly programmes in Hungarian on public television, lasting 75 minutes and 50
minutes respectively. The Germans have one 75-minute programme in German. Two
dedicated departments, including members of the two minorities in question, are
responsible for producing these programmes, which are almost entirely subtitled
in Romanian.
111.
The Advisory Committee also
notes a weekly 48-minute programme entitled “Convietuiri/Living Together”,
reserved for the other 18 national minorities. At the same time, the second
public channel broadcasts weekly programmes lasting 52 minutes for the
Hungarians, Germans and Roma respectively, along with an inter-ethnic magazine
for the other minorities and two intercultural programmes (“Ethnic Atlas” and
“Children’s Caravan”). Other programmes for national minorities are broadcast
by “România Cultural” and “TVR International”, and for the Hungarian and German
communities by the Cluj and Timişoara local public television stations.
112.
On public radio, programmes
amounting to a weekly total of 380 minutes in Hungarian and 370 minutes in
German are broadcast from the Bucharest studios. Most programmes in minority
languages are, however, broadcast by local and regional studios, accounting for
over 10% of their total output. Depending on the region, programmes are
broadcast in Armenian, Bulgarian, Croatian, Hungarian, German, Greek, Romani,
Russian, Serbian, Slovak, Tatar, Czech, Turkish, Ukrainian, and also in
Aromanian.
113.
In view of the limited
budgetary resources available to public service radio and television, the
Advisory Committee notes with satisfaction the clear commitment shown by the
producers of public radio and television programmes for national minorities. According
to different sources, there has also been a significant improvement in the
quality of these programmes in recent years. The Advisory Committee appreciates
in particular the efforts made by the producers of the programmes for the Roma
community to diversify their content and introduce new dimensions. It notes
that these programmes now cover, above and beyond key aspects of Roma
traditions and culture, the problems faced by the Roma today, the challenges of
integration into society and what the Roma themselves have to say about these
challenges.
114.
The minorities have numerous
publications, mostly in the minority language or bilingual. The Hungarians and
the Germans in particular, who have a long-standing tradition in this field,
have a network of newspapers and publications with a wide readership. In 2003
alone, there were over 120 publications in Hungarian (the press and on-line) in
various counties in the country, which received state funding. The German
community has several weeklies and a number of monthly cultural magazines in
German. The Advisory Committee also notes that, according to the statistics of
the Department for Interethnic Relations, in 2004 there were over 30
publications, mostly bilingual, published by organisations of the other
minorities.
b)
Outstanding issues
115.
Despite the above positive
developments, the Advisory Committee notes that there is a continuing imbalance
between the various national minorities in the media sector, particularly with
regard to the air-time allocated to them by the public audio-visual
broadcasting service.
116.
On the one hand, the Hungarians
and Germans have programmes specifically for their communities and a prominent
presence in the media; on the other hand, the audio-visual presence of the
other minorities is much smaller and less individualised, even though they are
given some television and radio air-time. Although the Roma have been given broader media coverage during
recent years, their opportunities to use the media in order to raise awareness
of Roma issues, remain limited. Roma representatives have expressed their wish
to have increased possibilities to produce Roma programmes on local radio and receive
state support when applying for licences for their own radio stations.
117.
The
Advisory Committee notes that, despite the existence of high quality television
programmes prepared by journalists for and about minorities, these programmes
are broadcast during day-time hours inconvenient for the general public. Both
the journalists concerned and the minorities would like at least part of these
programmes to be repeated at weekends or at later hours.
118.
The national department
responsible for radio programmes for national minorities claims that more
effort needs to be made to extend these programmes’ coverage to certain more
remote areas where persons belonging to minorities live, even if in small
numbers, who are unable to receive them.
Recommendations
119.
The authorities should show
greater determination in their efforts to deal with the imbalance, already
highlighted in the past by the Advisory Committee, between the different
minorities as regards access to the public media. Further efforts are necessary
to increase Roma access to
local radio, both through licencing measures and by providing material support
for the production of Roma programmes.
120.
In
order to facilitate mutual understanding and dialogue and to increase public
awareness about minorities, the public television service should find ways to
provide more convenient time-slots for minority programmes. The authorities should also examine the reported shortcomings
concerning the geographical coverage of certain radio programmes.
Article 10 of the Framework Convention
Use of minority languages in dealings with local administrative
authorities
Findings of the first cycle
121.
In its first Opinion on
Romania, the Advisory Committee welcomed the passing in 2001 of the Law on
Local Public Administration which provided a number of legal clarifications as
to the use of minority languages in dealings with local authorities and which
encouraged the authorities to take all the necessary steps to ensure its full
implementation.
Current situation
a)
Positive developments
122.
The passing of Law No. 215/2001
on local public administration provided Romania with a clearer legal framework
for the use of minority languages in the public sphere at local level, spelling
out the way in which the guarantees set out in the Constitution in this
connection (see Article 120 (2) of the Constitution) should be applied.
123.
Under this 2001 law, minority
languages may be used orally and in writing in the local administrative units
where citizens belonging to a national minority represent over 20% of the
population, in dealings between those citizens and the local authorities and in
the replies given by the latter. In addition, minority languages should be used
to inform persons belonging to national minorities of the agenda of and
decisions taken at local authority meetings and, where one third of the local
councils is comprised of representatives of minorities, during the council
meetings themselves. The law also provides that local authorities should
recruit persons with a good knowledge of the languages concerned to posts
involving relations with the public.
124.
In practice, according to data
provided by the last population census, a list of localities fulfilling the
conditions set out in Law No. 215/2001 has been drawn up and forwarded to the
authorities concerned. According to the detailed information provided in the
State Report, these provisions of the law on Local Public Administration are
applied, depending on demand, in numerous localities in the 23 counties
concerned in the country. The Advisory Committee also notes that a Government
decision adopted in
2002[16] now allows minorities to use their own symbols in
official acts/ceremonies.
125.
The Advisory Committee welcomes
the fact that the Romanian Constitution, revised in October 2003[17],
introduces a significant guarantee for the use of one’s mother tongue in the
judicial system, stipulating in Article 128 (2), that “Romanian citizens
belonging to national minorities have the right to express themselves in their
mother tongue before the courts of law, under the terms of the organic law.”[18]
126.
The Advisory Committee notes
with satisfaction that the scope of this right is not limited in Romania to
criminal proceedings alone (as referred to in Article 10 of the Framework
Convention) and hopes that all the necessary measures to ensure its
implementation in practice have been taken by the competent authorities.
b) Outstanding issues
127.
The Advisory Committee notes
that implementation of the legislative provisions concerning the use of
minority languages in dealings with local public administration has encountered
resistance on the part of certain local authorities.
Recommendations
128.
The authorities should pursue,
in co-operation with representatives of national minorities, their efforts to
ensure the practical application of the legislative provisions on the use of
minority languages in dealings with local public administration.
129.
The authorities are encouraged
to ensure that the necessary conditions exist for the application of the new
legislative provisions regarding the use of minority languages before the
courts.
Article 11 of the Framework Convention
Use of minority languages to indicate place names
Findings of the first cycle
130.
In its first Opinion on
Romania, the Advisory Committee welcomed the passing in 2001 of the Law on
Local Public Administration which introduced new guarantees for the use of
minority languages to indicate place names and encouraged the Romanian
authorities to implement fully these new legal provisions.
Current situation
a)
Positive developments
131.
Romania has made significant
progress in applying Article 11, paragraph 3 of the Framework Convention
through the implementation of Law No. 215/2001 on Local Public Administration. Article
90 (4) of this law authorises the use of minority languages for signs
indicating the names of localities and local public institutions, in
administrative-territorial units in which people belonging to a national
minority represent over 20% of the local population.
132.
In practical terms, it appears
that these provisions have been implemented in more than 20 counties, in
localities where the conditions required by the law have been met, and also in
some cases - according to non-governmental sources - in localities where the
20% requirement has not been reached.
b) Outstanding issues
133.
Despite the above-mentioned positive
developments, a number of shortcomings in the implementation of Law No. 215/2001
have been reported by representatives of certain groups, such as the Ukrainians,
who mention difficulties encountered in applying the provisions although the
statutory 20% threshold had been reached.
Recommendation
134.
The authorities should pursue
their efforts to ensure the effective implementation of Section 90 (4) of the
Law on Local Public Administration, making additional efforts to examine, in
consultation with those concerned, the existing needs in this field.
Article 12 of the Framework Convention
Multicultural and intercultural dimension of education
Findings of the first cycle
135.
In its first Opinion on
Romania, the Advisory Committee welcomed the efforts made to improve the
situation of national minorities in the educational field, and the numerous improvements
noted, particularly in the teaching of minority languages. The Advisory
Committee called on the authorities to review their approach to history
teaching in order to reflect more fully the ethnic diversity of the country and
to encourage mutual awareness and understanding.
Current situation
a)
Positive developments
136.
The Advisory Committee notes
with satisfaction that aspects of the history, culture and traditions of
persons belonging to national minorities are now offered as optional subjects
to pupils belonging to the minorities concerned, in their mother tongue.
Religion may also be taught as an optional subject in the mother tongue. A
textbook on Roma history, culture and traditions has been elaborated and is
available for the use of Roma children. Training courses for working with Roma
children have been organised for non-Roma teachers (420 in 2004.
137.
The Advisory Committee also
appreciates the many out-of-school activities run at central level and given
financial support by the Department for Interethnic Relations as well as by
schools, activities meant to encourage dialogue between pupils and teachers
belonging to different communities.
b) Outstanding issues
138.
Nonetheless, the Advisory
Committee remains concerned about the limited presence in the common school
curricula, and in the textbooks and educational material designed for pupils
belonging to the majority population, of information regarding the history and
culture of the country’s national minorities, even though the Education Act
provides for such topics to be covered[19].
However, the competent authorities point to recent initiatives aiming at promoting
ethnic diversity more fully in history textbooks (for the current school year,
for pupils in grade 10 and with effect from 2006, for those in grade 12).
According to the Ministry of Education and Research, such initiatives will also
apply to literature textbooks.
139.
The Advisory Committee also
notes that the Draft Law on the Status of National Minorities makes several
references in Article 17 to the state’s obligation to guarantee teaching of or
in minority languages in separate groups, or in kindergarten, schools, separate
sections or classes. The Advisory Committee is aware that teaching for national
minorities has its own specific features and may involve separate teaching. However,
it hopes that in the legislative process, the most appropriate approach and
wording will be identified in order to promote multicultural education and to offer
such forms of separate education as one possible option, and not as the only
option provided for in the legislation.
Recommendation
140.
The authorities should review
the curriculum and syllabi of schools so as to adequately incorporate aspects
which will enhance the country’s ethnic and cultural diversity and ensure that
the majority are more aware of the history and cultural identity of minorities.
At the legislative level, the authorities are encouraged to promote an
integrated and multicultural approach to education when addressing the right to
education of persons belonging to national minorities.
Equality of opportunity in access to education – textbooks
and teacher training
Findings of the first cycle
141. In its first Opinion on Romania, the Advisory Committee noted that the number of textbooks in minority languages and qualified teachers from certain smaller minorities continued to be insufficient. The authorities were encouraged to redouble their efforts to address this situation.
Current situation
a)
Positive developments
142.
The Advisory Committee notes
that Romania has a generous legal basis which has given rise to an elaborate
system of education for national minorities. It welcomes the commitment shown
by the authorities to improve and consolidate this system under difficult financial
circumstances, bearing in mind the rather limited proportion (around 4%)
allocated to education in the national budget.
143.
The Advisory Committee further
notes that the recently introduced decentralised system of funding education[20], based on a standard amount per pupil, takes into
consideration the fact that the costs for pupils belonging to minorities are
necessarily higher. This new system, which is supposed to take better account
of existing needs, is currently being introduced on an experimental basis in a
number of counties in Romania.
144.
In order to overcome the
shortage of appropriate textbooks, in recent years the authorities have
translated new textbooks for subjects such as maths, civics, biology, etc into
minority languages. Also in preparation or under consideration are literary
anthologies (in Serbian and Slovak) and textbooks covering the history of the
Czech, Bulgarian, German, Hungarian, Serbian and Slovak minorities in the
language of the community concerned.
145. The Advisory Committee notes with satisfaction that the Ministry of Education and Research is paying priority attention to the quality of education. This includes the adoption of specific regulatory provisions[21] incorporating education quality criteria and mechanisms to monitor implementation. Although additional efforts are required to meet existing needs, it notes the training measures taken to reduce the number of unqualified or under-qualified teachers in the sector of education for national minorities.
146.
The Draft Law on the Status of
National Minorities reasserts the right to education, already acknowledged in
Romanian legislation, of persons belonging to national minorities and
significantly enhances participation by such persons in the taking of decisions
in this field. The Advisory Committee further notes that the draft law contains
very favourable provisions in the field of education, such as the obligation
for the State to guarantee education in the minority language at all levels and
in all forms and types of education. In view of the financial difficulties
mentioned above, the Advisory Committee hopes that impact and feasibility
studies have been carried out prior to the introduction of such ambitious
provisions (see also relevant comments under Article 5 above).
b) Outstanding issues
147.
Although Romanian legislation
offers persons belonging to national minorities broad opportunities in access
to education and in receiving an education tailored to their specific needs, a
number of shortcomings remain, particularly at local level, in the
implementation of this legislation.
148.
The authorities continue to
experience difficulties in providing the requisite number of textbooks in the
various subjects concerned, especially for the smaller minorities. In addition,
minority languages continue in some cases to be taught by unqualified staff. Over
and above the high costs of producing adequate textbooks, the authorities also
seem to find it difficult to motivate young people - whether they belong to
national minorities or to the majority - to consider a career in teaching. The
Advisory Committee is concerned by the fact that, due to the economic situation
of the country, severe financial restrictions affect Romania’s education
system, including the policies and measures specifically devised for national
minorities. It notes that too often laudable initiatives launched in the
education field depend on the existence of external financial support. More
generally, the Advisory Committee notes that the plans as well as the
legislation in force do not correspond to the resources available (see also
comments in paragraph 142 above).
149. Nevertheless, the Advisory Committee has taken note of a recent Order from the Ministry of Education and Research, adopted in April 2005, authorising minorities to prepare their own textbooks in their mother tongue for various subjects, in line with the common curriculum. The Advisory Committee believes that such a solution, while it might address the problems in the short term, should not mean in the long term that the State does not have to fulfil its responsibilities and obligations in this field.
150. The Advisory Committee notes with concern the information provided by representatives of the Turkish minority as well as by the National Institute for Statistics regarding the high level of illiteracy among young people belonging to this community.
Recommendation
151.
The authorities should redouble
their efforts to ensure, particularly for the numerically smaller minorities,
an adequate number of textbooks and qualified teachers to teach minority
languages or in these languages.
Situation of the Roma
Findings of the first cycle
152.
In its first Opinion on
Romania, the Advisory Committee, noting the difficulties encountered by the
Roma in the field of education, particularly absenteeism, called on the
authorities to take additional measures, including socio-economic support, in
order to improve the situation.
Current situation
a)
Positive developments
153.
The Advisory Committee notes
with satisfaction that the Romanian authorities continue to view education of
the Roma as a priority area of action. It appreciates the fact that the Ministry
of Education and Research is focusing on an integrated approach for Roma
children and that efforts are being made to involve Roma representatives in
education programmes and projects of direct relevance to them.
154.
At the institutional level,
inspectors for Roma education have been appointed in all county school
inspectorates, and Roma mediators have been appointed in schools. A Roma
specialist, acknowledged by his own community, now works in the Ministry of
Education and Research.
155.
In practical terms, significant
resources have been allocated to the production of textbooks for the teaching
of the Roma language, culture and history, and to train an adequate number of
qualified teachers from among the Roma community to teach these subjects (see
observations under Article 14 below). To address the problem of absenteeism and
improve conditions enabling Roma children to achieve better school results, the
authorities have also made provision for socio-economic support (including the
distribution of snacks at school) and taken a number of initiatives to encourage
Roma families realise to pay increased attention to education.
156. The Advisory Committee also welcomes the active measures taken to promote Roma access to university and, more recently, upper secondary school, through the allocation of specific places reserved for the Roma (398 in over 40 universities for the 2005-2006 academic year). Despite the fact that certain failings have been reported in the practical application of these measures, designed by the authorities as a means of forming an elite among the Roma, significant results have already been noted.
157.
Specific measures have also
been taken to promote vocational education for Roma, with places reserved for
them in professional training establishments. Vocational training projects,
linked to traditional handicraft occupations of the Roma, have also been
developed at local level.
b) Outstanding issues
158.
Despite the above efforts, a
large proportion of Roma children continue to fail at school and drop out,
often as early as primary school level, or to remain outside the school system
altogether. Roma representatives and other sources, while appreciating the
specific education measures introduced by the authorities, consider that
insufficient steps have been taken to address the socio-economic factors
contributing to this situation (poverty, poor health, parents’ educational
level, traditions etc.). The stereotypes and negative attitudes vis-à-vis the
Roma among pupils’ parents and in schools are other factors limiting the
effectiveness and impact of the measures adopted.
159.
In this context, the Advisory
Committee notes with concern reported attempts and occasional cases of
isolation of Roma children within the education system. Nonetheless, it notes
that the authorities are fully aware of this problem and it welcomes the steps
already taken by the Ministry of Education and Research to tackle this
phenomenon. For example, a special committee has been set up within the
Ministry and a Notification[22],
has been issued to all staff and schools concerned, defining and prohibiting
segregation in its different forms and setting out specific measures to address
the problem.
160.
While pursuing the positive
measures taken in respect of the Roma in the field of education, the
authorities should step up their efforts to provide socio-economic support and raise
awareness among Roma families and the rest of the population. The measures and
projects launched in the sphere of vocational training should be pursued and
developed further, in constant co-operation with the Roma and the local
authorities concerned.
161.
Priority attention should be
given to the implementation of the measures agreed upon to put an end to the
separation of Roma children in the education system and to ensure ongoing
monitoring of the situation in this field.
Article 14 of the Framework Convention
Teaching of minority languages and in these languages
Findings of the first cycle
162.
In its first Opinion on
Romania, the Advisory Committee noted that Romania had a system of teaching
minority languages and providing instruction in those languages. The
authorities were encouraged to ensure the effective implementation of this
system with regard to certain numerically smaller minorities, in line with existing
needs, and to examine the shortcomings identified in this respect.
Current situation
a)
Positive developments
163.
The Advisory Committee notes
that Romania has an elaborate and dynamic system of teaching minority languages
and providing instruction in those languages. This system ranges from
pre-school to upper secondary school and, for a growing number of pupils[23], technical vocational education.
164.
According to official figures
for pre-university education, in the 2004-2005 academic year, teaching was
provided in Hungarian, German, Ukrainian, Serbian, Slovak, Czech, Croatian and
Bulgarian. In all, this involved 204,191 pupils in 1,772 classes or groups. The
Advisory Committee observes that the teaching of Hungarian (88.29%) and the
number of pupils belonging to the Hungarian minority (181,887) represent a
significant proportion of teaching in the mother tongue. For the same academic
year (2004-2005), pupils belonging to the Croatian and Turkish minority were
taught in their mother tongue for part of their course.
165.
In addition, minority languages
were taught as separate subjects for children whose mother tongue was Armenian,
Bulgarian, Greek, Polish, Romani, Russian, Czech, Croatian, German, Hungarian,
Serbian, Slovak, Turkish and Ukrainian.
166.
In higher education, sections
for the study of minority languages have been introduced in several
universities in regions where minorities live. For students of Hungarian or
German origin, there are also sections or courses in their respective language.
The Advisory Committee notes in particular the opportunities available for
higher education at the Babes-Bolyai University in Cluj-Napoca, a
multi-cultural institution offering teaching in Romanian, Hungarian and German.
In addition, a private Hungarian-language university, supported financially by
Hungary, has been in operation for several years in Cluj-Napoca, with sections
in a number of other towns. Nevertheless, representatives of the Hungarian
minority consider insufficient the opportunities available at the Babes-Bolyai
University in Cluj-Napoca and require the setting up of a state funded
university in Hungarian as an issue of particular importance for the Hungarian
minority.
b) Outstanding issues
167.
The Advisory Committee notes
that despite the above positive developments, certain numerically smaller
minorities or those which cannot benefit from the support of a kin-state
maintain that there are too few opportunities available to them as things
currently stand. The representatives of the Ukrainian minority, for example,
consider that there are too few classes available to them and point out that
for some pupils the schools in question are too far away from where they live.
Recommendation
168.
The authorities should review
the situation, in consultation with the representatives of minorities, to see
whether the opportunities for learning the minority languages in question
correspond to actual needs and, where appropriate, take the necessary steps to address
any shortcomings.
Study of the Roma language
Findings of the first cycle
169.
In its first Opinion on
Romania, the Advisory Committee noted the very limited opportunities for
learning the Roma language and the lack of any teaching in this language in
Romania. The authorities were urged to examine the situation in conjunction
with the Roma and take the requisite steps to make the necessary improvements.
Current situation
a)
Positive developments
170.
Following the involvement of
the Ministry of Education and Research, there has been significant progress in
the teaching of the Roma language in Romania. The Roma now have textbooks (for
both children and adults) for learning their language and additional classes for
this purpose are included in the curriculum at the parents’ request.
171.
Roma language and literature
studies have been introduced in the University of Bucharest with a special
section which has 10 places per year. Short-duration and distance learning
courses (45-60 participants each year) are run for unqualified teachers, and it
has been possible to co-opt young Roma who have completed their secondary
school studies to augment the ranks of language teachers. Other courses have
been set up to train teachers of Roma history and traditions and to train
inspectors for the education given to Roma.
172.
Considerable attention has also
been focused on producing teaching material. This includes the preparation and
publication of dictionaries, a handbook on positive practices for teaching Roma
children, audio cassettes comprising a selection of Roma tales and proverbs and
also a textbook to teach reading to young and adult Roma.
173.
As a result of these measures
there has been an increase in the number of Roma pupils studying their mother
tongue and heightened interest in studying the language among the Roma
community. According to official figures, approximately 25,000 Roma children
are studying the Roma language, history and traditions. Over 390 of the
teachers involved are of Roma origin. Other initiatives, such as Roma language
and culture summer camps, are designed to promote the use of the Roma language
in out-of-school activities.
b) Outstanding issues
174.
The Advisory Committee notes
that, for the moment, the teaching of the Roma language covers only a limited
proportion of the Roma population who could potentially be interested. In order
to develop and consolidate the system, constant efforts alongside appropriate
financial resources are required, and this should include placing a greater
emphasis on informing families about the opportunities that exist.
Recommendation
175.
The authorities should pursue their
efforts to develop further the opportunities for teaching the Roma language, in
co-operation with Roma representatives, and ensure that there is ongoing
assessment of actual needs.
Article 15 of the Framework Convention
Participation of persons belonging to national minorities
in public affairs
Findings of the first cycle
176.
In its first Opinion on
Romania, the Advisory Committee, while welcoming the opportunities created to promote
the participation of persons belonging to national minorities in public life,
noted certain shortcomings in this field and encouraged the authorities to take
appropriate action.
177.
The Advisory Committee noted in
particular that there was insufficient consultation of the Council of National
Minorities and that this Council had limited impact in the decision-making
process. It also noted the preferential treatment accorded to organisations of
national minorities which were represented in Parliament and which were members
of the Council. The authorities were encouraged to step up their efforts to support
participation of the Roma in economic and social life.
Current situation
a)
Positive developments
178.
The Advisory Committee welcomes
the legislative and institutional measures taken in Romania to enable persons
belonging to national minorities to play a full part in public life. Above and
beyond the right to parliamentary representation, guaranteed by the
Constitution and set out in the electoral legislation, persons belonging to
national minorities can make their voice heard through the Council of National
Minorities, a consultative body to the Government.
179.
Following the last
parliamentary elections, minorities are represented in both houses of Parliament
by two political groups: one formed by the Democratic Union of the Hungarians
of Romania (UDMR), the main organisation of the Hungarian minority, and a
parliamentary group of other national minorities, comprising members of the 18
other organisations of national minorities (19 minorities in all, the Slovaks
and the Czechs being represented by one and the same organisation). The
Advisory Committee has been informed that the two parliamentary groups
co-operate well and with increasing effectiveness. It has also been informed
that, in the current configuration of the Parliament, the national minorities
also have considerable influence in the different parliamentary committees,
where minority representatives are particularly active.
180.
The UDMR is currently part of
the Government coalition and holds important positions in the executive, such
as deputy Prime Minister, positions of state secretary in the ministries and
other key bodies for the protection of minorities (including the direction of
the Department for Interethnic Relations) and a number of positions of Prefect
and Sub-Prefect.
181. Although to a much lesser extent, other minorities also have representatives in other public bodies. The Advisory Committee notes that under the new Justice System Act which came into force on 25 July 2005 (Law No. 247/2005), graduates from the National Judicial Institute belonging to national minorities are given preference, provided that their abilities are equivalent to other candidates, for recruitment in areas where the population using the same language represents at least 50% of the total number of inhabitants.
182.
Following the last local
elections, representatives of minorities also hold numerous positions as mayors
and local and county councillors[24].
Although virtually absent in elected county councils, the Roma hold 189 seats as
local councillors and are present in a consultative capacity in the local and
county authorities, through specific structures set up in recent years: the
Roma offices in prefectures, the Roma experts in municipal authorities, health
mediators (primarily Roma women) and school inspectors for the Roma (recruited
among Roma, but also among Romanians or Hungarians).
183.
The Advisory Committee notes
that the Roma are represented on important bodies such as the National Agency
for the Roma and the National Council for the Fight against Discrimination. It
also welcomes the initiatives launched by the Ministry of the Interior to
promote the training and recruitment of members of the Roma community into the
police force.
184.
At the institutional level, the
Advisory Committee welcomes the reinforcement of the status of the Department
for Interethnic Relations as a governmental body responsible for matters
relating to the protection of minorities, directly subordinate to the Prime
Minister since July 2003. It welcomes the active role played by the Department
for Interethnic Relations in initiating and promoting projects aimed at
preserving the identities of minorities, and the priority it attaches to
enhancing diversity.
185.
The Advisory Committee notes
that the Draft Law on the Status of National Minorities seeks to introduce,
alongside the concept of cultural autonomy, new mechanisms for the
participation of minorities in public life and, in particular, in the
decision-making process in areas such as culture, education and the media. The
Advisory Committee notes that the different national minorities have been
consulted on this draft law, initiated and promoted by the UDMR, and notes that
a consensus has emerged among the member organisations of the Council on
National Minorities on the need for such a law (see also comments under Article
5 above) .
b) Outstanding issues
186.
The Advisory Committee is
concerned about the low level of participation by the Roma in local public
affairs. It notes that, although there are Roma local councillors following the
last local elections, in numerous communities where there is a significant
proportion of Roma, the latter remain absent from the local administration and
that the effectiveness of the recently introduced consultation structures,
mentioned above in paragraph 182 has so far been limited.
187.
In addition, national
minorities, particularly the numerically smaller ones, continue to be
inadequately represented in certain sectors of the public administration, such
as the judiciary and the police. The Advisory Committee hopes that efforts made
by the authorities to encourage the recruitment of such persons in the sectors
in question will soon begin to produce visible results.
188.
The Advisory Committee notes
that the Council of National Minorities has relatively limited impact on
decisions taken by the executive. As it has no legal personality and the bare
minimum of human and material resources to organise its meetings effectively,
its influence on the political choices made derives more from the presence of
well-known figures among its members than from its institutional authority.
More generally, the Advisory Committee notes that, among the different national
minorities, the Hungarian minority is the one which has a particularly
prominent and effective presence in public life, whereas the presence and
influence of the other communities are much more subdued.
189.
The Advisory Committee is
further concerned that only the organisations which are members of the Council
of National Minorities are considered the legitimate representatives of
minorities vis-à-vis the authorities and are the only ones entitled to the
funds specifically earmarked for national minorities in the state budget.
190.
It also notes that the
electoral legislation in force, both for local[25]
and parliamentary[26]
elections, grants the member organisations of this Council which are also
represented in Parliament, preferential treatment over other minority
organisations wishing to represent the interests of national minorities in
elections. Under this legislation, organisations set up within a single
minority but which are not represented in Parliament must, in order to take
part in the elections, satisfy much more restrictive conditions, particularly
with regard to participation in local elections.
191.
The Advisory Committee regrets
that similar provisions have been included in the current Draft Law on the
Status of National Minorities, particularly since the Romanian authorities were
well aware of the observations of the Venice Commission, which had considered
these conditions to be at odds with the principles of equality, proportional
representation and pluralism within minorities[27]
(see also observations under Article 7 above).
192.
With regard to the envisaged
cultural autonomy, the Advisory Committee notes that the procedures for
becoming a member of the National Council of Cultural Autonomy of each minority
are more open, enabling the various types of minority organisations to put
forward candidates. At the same time, the Advisory Committee hopes that the
current parliamentary debate will provide all the necessary clarifications
concerning the institutions, procedures and mechanisms introduced by the draft
law, including with regard to the situation of national minorities not willing
or not able to use the cultural autonomy mechanism as a means of participating
in public affairs (see also the
observations under Article 5 above).
Recommendations
193.
The Advisory Committee encourages
the authorities to pursue and develop measures to promote Roma participation in
local public life, in particular, by finding ways of making the consultative structures
set up at that level more effective.
194. The authorities should also identify ways to clarify the institutional position of the Council of National Minorities and make its action more effective, while at the same time providing the opportunity for organisations of national minorities other than those that are members of the Council to be involved in the taking of decisions and to have access to the resources allocated by the State for the protection of national minorities.
195.
The authorities should monitor
the implementation of the new Justice System Act in order to facilitate the
recruitment within the justice system, of persons belonging to numerically
smaller minorities.
196. The authorities should ensure, in the interests of persons belonging to minorities, that the Draft Law on the Status of National Minorities complies with the principles of equal opportunities and pluralism both within minorities and between their representative organisations. In addition, legal clarity should be provided with regard to the cultural autonomy institutions and procedures envisaged by the draft law.
Concl-Remarks
197.
The Advisory Committee considers that the present concluding remarks
could serve as a basis for the conclusions and recommendations to be adopted by
the Committee of Ministers with respect to Romania.
198. Since the adoption of the Opinion of the Advisory Committee in April 2001 and the Resolution of the Committee of Ministers in March 2002, Romania has continued to pay particular attention to the protection of national minorities. Important steps have been taken to consolidate and build upon Romania’s existing legislation and practice in the field of minority protection, while constantly involving the representatives of national minorities in this process.
199. On the legislative level, these steps have resulted in new constitutional and legislative provisions in areas of direct concern to persons belonging to national minorities. Increased efforts have also been made to develop an adequate legal and institutional basis for preventing and combating manifestations of discrimination, intolerance and hostility based on ethnicity. In addition, a Draft Law on the Status of National Minorities is currently being examined by Parliament.
200. Special measures adopted in order to promote the full and effective equality of persons belonging to national minorities have produced results in various fields, including education, the use of minority languages in the public sphere, and participation in decision-making. Representatives of national minorities acknowledge the existence of a social climate favourable to tolerance and intercultural dialogue and agree that progress has taken place in this regard.
201. The situation of the Roma continues to remain a priority for the authorities. Numerous sectoral measures have been adopted in recent years aimed at combating the social exclusion of the Roma, and reducing the serious disparities which continue to separate them from the rest of the population in most areas. Moreover, significant efforts have been made to improve the public image of the Roma as well as their relations with the police.
202. Although Romania has a developed legal and institutional framework for the protection of national minorities, shortcomings continue to be reported with regard to the implementation of certain legislative provisions, particularly at local level. The financial difficulties affecting many fields of relevance to the protection of national minorities, such as education, also have an impact on the effective implementation of measures adopted by the Government. Further efforts must be made to redress imbalances in the state support provided to the different national minorities in various fields. The ongoing restitution of property is likely to increase the resources of more prosperous groups and to leave persons belonging to other groups, such as the Roma, in a disadvantaged position. However, no assessment of the impact of this process on the various groups has been made.
203. Similarly, the authorities should adopt a more open approach, in their dialogue with the national minorities, towards organisations other than those represented in the Council of National Minorities and, in a more general way, towards other groups that have expressed an interest in receiving the protection afforded by the Framework Convention.
204. In spite of the many initiatives taken by the Government, the majority of the Roma continue to confront serious difficulties and manifestations of discrimination in different fields, including employment, housing, health and education.
205. Moreover, the impact of the awareness-raising measures taken to improve the public image of the Roma and to encourage more positive attitudes towards them within society remains limited. Public manifestations of hostility and intolerance are still reported in certain media, as well as in the statements made by certain members of public authorities and, in spite of improvements in this area, in the conduct of certain members of the police.
206. In addition to the measures to be taken to implement the detailed recommendations contained in chapters I and II of the Advisory Committee's Opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:
- increase
awareness-raising measures among the public, politicians and the media
regarding the importance of tolerance and respect for diversity and ensure that
educational curricula reflect, in an appropriate manner, the diversity of
Romanian society; take effective measures to strengthen interethnic dialogue
and mutual understanding in areas where persons belonging to the majority are
in a minority position;
- take
more resolute action to prevent and combat discrimination and social exclusion
of the Roma and address, as a matter of priority, the difficulties they face in
employment, housing, health and education; evaluate the effects of the process
of restitution of property on the situation of persons belonging to the Roma
minority;
- find
ways to provide more convenient time-slots for minority television programmes
and promote better access of the Roma to the local radio;
- pursue
and strengthen the initiatives taken in order to improve the situation of the Roma
in the field of education and to develop the teaching of their language; pursue
and monitor the measures taken to prevent and combat the isolation of Roma
children within the educational system;
- increase
efforts, which require also an increase of the general budget for education, to
ensure the availability of sufficient and qualified teachers and textbooks for
education of or in minority languages, in particular for numerically smaller
minorities;
- promote
further the participation of persons belonging to national minorities in public
affairs at central and local levels, in particular as regards the Roma and the
numerically smaller minorities; encourage pluralism within minorities and
develop contacts with organizations which are not represented in the Council
for National Minorities, in order to avoid unnecessary politicization of
minority organizations;
- make
an assessment of the legal and institutional effects as well as the budgetary
implications of the Draft Law on the Status of National Minorities and ensure
compliance of the draft law with the principles embodied in the Framework
Convention.