[ALBSA-Info] Council of Europe on Minorities

[Agron Alibali]

COE & RFE/RL: VENICE COMMISSION RECOMMENDATION ON HUNGARIAN STATUS LAW AND REACTIONS IN HUNGARY AND ROMANIA


VENICE COMMISSION754a(2001)Venice Commission report on preferential treatment of national minoritiesby their kin-Statehttp://press.coe.int/cp/2001/754a(2001).htm Strasbourg, 23.10.2001 - At the request of the Romanian and HungarianGovernments, the Council of Europe Commission for Democracy Through Law(Venice Commission) has just made public a report concerning thepreferential treatment of national minorities by their kin-State.The report examines a recent practice in a number of European States oftaking unilateral legislative or administrative measures conferring onpersons belonging to their kin-minorities abroad certain preferences andassistance. These measures range from scholarships and training forteachers to travelling benefits and exemption from permits of stay. Certainkin-States issue documents proving the national background of the holderand the latter's entitlement to the preferential treatment and assistance.The questions raised by this practice have been subject to heated debateswithin different international organisations such as the Council of Europe,the European Union and the OSCE. The report of the Venice Commission is thefirst to address the question with a view to issuing guidelines whichStates are expected to follow in this field.The Commission has found that the adoption by kin-States of such unilateralmeasures is legitimate. However, the principles of territorial sovereigntyof States, respect of agreements in force, friendly relations amongstStates and human rights and fundamental freedoms must be upheld.The States concerned are expected to amend their practice on a number ofpoints. In particular, they will have to avoid taking measures withextraterritorial effects without prior consent of the affected countries,unless such consent can be assumed in the light of an international customor such measures are authorised under a bilateral treaty. When such treatyexists, it must be enforced and interpreted in good faith, and unilateralmeasures on kin-minorities should not touch upon areas excluded by the treaty.Documents issued by kin-states may only certify the entitlement to thebenefits provided for under the law. Preferential treatment may be grantedin the fields of culture and education and , under exceptionalcircumstances, in other fields, as long as it pursues a legitimate aim andis proportionate.The full text of the report will appear shortly on the Commission's website: www.venice.coe.int/ Press ContactPhilippe Potentini, Council of Europe Press ServiceTel. +33 3 88 41 28 95  - Fax. +33 3 88 41 27 90E-mail: PressUnit at c...RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC___________________________________________________________RFE/RL NEWSLINE Vol. 5, No. 200, Part II, 22 October 2001MARTONYI REACTS TO VENICE COMMISSION RECOMMENDATION ON STATUSLAW. Foreign Minister Janos Martonyi said on 19 October in Venice thatHungary is content that the Venice Commission of EU experts hasconcluded that other European countries also have legislation aimed atencouraging ties with kinfolk living in neighboring countries, Mediafaxreported. Martonyi emphasized that the commission considers legislationaimed at encouraging minorities to preserve their national identity as"positive" and that states have the right to approve such legislation.He said the commission's recommendations (see Romanian item below) willenable the sides to consult on the implementation on the Status Law inHungary, adding that the "interpretation of the recommendations can, ofcourse, be still divergent," but the consultations should help "closegaps." Martonyi also said it has never been the Hungarian intention tohave the Status Law apply elsewhere than in Hungary proper. MSROMANIA HAILS 'VICTORY' OVER VENICE COMMISSIONRECOMMENDATIONS. Prime Minister Adrian Nastase and Foreign MinisterMircea Geoana on 19 and 20 October said the recommendations of theVenice Commission of EU experts have vindicated the Romanian positionover the Status Law passed by the Hungarian parliament earlier thisyear. The nonbinding recommendations said that, while legislationencouraging ties with kinfolk in neighboring countries and intended topreserve their national identity is "positive," no state can "transferjurisdiction" over a part of its territory to another state, nor canlegislation affecting national minorities living abroad be implementedwithout the acquiescence of the state in question. It also said that astate whose citizens are members of national minorities must assumeresponsibility for those minorities' welfare. The commission also saidthat minority organizations in neighboring countries cannot fulfilltasks that are the prerogative of the state by definition, such asissuing identification documents. It said such documents can be issuedby consulates in the neighboring country, but in order to avoiddiscrimination must not specify ethnic origin. MSRADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC___________________________________________________________RFE/RL NEWSLINE Vol. 5, No. 201, Part II, 23 October 2001HUNGARY HAS NO INTENTION OF RENOUNCING STATUS LAW. Foreign Ministry State Secretary Zsolt Nemeth told Hungarian radio on 22 October that Budapest has no reason to renounce the implementation of the Status Law, Mediafax reported. Nemeth said the Council of Europe's Venice Commission "positively" evaluated the law and that "not even Romania can possibly doubt that" (see "RFE/RL Newsline," 22 October 2001). He said Romania "celebrated victory just because it would otherwise be very difficult to convince domestic public opinion" that negotiations must now start with Hungary on the law's implementation. He said Romanian Premier Adrian Nastase has been invited to visit Hungary and "if he does not harbor the intention to amplify the conflict, he is welcome any time in Budapest -- the sooner, the better." Nemeth said Hungary forwarded proposals a few weeks earlier to Romania regarding the Status Law, but has not received a response. "If Romania does not want to discuss the matter, we shall consider that it has accepted our proposals and go ahead with the implementation," Nemeth said. MSRADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC___________________________________________________________RFE/RL NEWSLINE Vol. 5, No. 203, Part II, 25 October 2001OFFICIAL REJECTS ROMANIAN PROPOSAL FOR HUNGARIAN ID CARDS.Hungarian Foreign Ministry spokesman Gabor Horvath on 24 October saidmembership in the Hungarian Democratic Federation of Romania (UDMR)cannot be the equivalent of membership in the Hungarian minority,"Mediafax" reported, quoting a BBC report. Rejecting Romanian PrimeMinister Adrian Nastase's recent proposal (see "RFE/RL Newsline," 24October 2001), Horvath said the Hungarian Status Law will not be appliedon ethnic criteria, but will be based on individuals' declaration oftheir Hungarian identity. The number of Romanian citizens of Hungariannationality is much larger than the number of those who are members ofthe UDMR, Horvath concluded. MSZHUNGARIAN PARTY IN ROMANIA AGREES TO NASTASE'S SUGGESTION ONSTATUS LAW. The Hungarian Democratic Federation of Romania (UDMR)agrees with the proposal made by Premier Nastase that UDMR party cardsshould be used to register members of Romania's Hungarian nationalminority for the purpose of meeting Status Law conditions, UDMR ChairmanBela Marko told journalists on 24 October. Marko said Nastase'ssuggestion "would simplify procedure" for implementing the Status Law,RFE/RL's Bucharest bureau reported. He also said the suggestion may leadto "reaching consensus" over the law between Bucharest and Budapest.However, Marko was criticized from within the UDMR's own ranks the sameday. UDMR Honorary Chairman Bishop Laszlo Toekes said Nastase's proposalis "unacceptable," and the UDMR leadership should have rejected it, asnot all members of the Hungarian minority in Romania are also members ofthe UDMR. He added that the proposal is reminiscent of the communistera, "when membership of the Communist Party" carried with it somespecial benefits, Mediafax reported. The proposal was also dismissed byUDMR Deputy Konya Hamar Sandor and by PNL Chairman Stoica, who saidNastase is "sacrificing national interests on the altar of partyinterests," as well as by officials in Hungary itself (see Hungarianitem above). MSRADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC___________________________________________________________RFE/RL NEWSLINE Vol. 5, No. 204, Part II, 26 October 2001HUNGARIAN PREMIER CLAIMS TRIUMPH OVER STATUS LAW. In a speech to leaders of Hungary's parliamentary parties and those of ethnic Hungarian organizations abroad attending the Hungarian Standing Conference in Budapest, Viktor Orban said on 25 October that the recent recommendations by the Venice Commission of the Council of Europe vindicate the Hungarian position on the Status Law. "It was a victory for Hungarian foreign policy that the commission recognized the protection of ethnic minorities by the mother country as a positive trend in European law," he said. Orban also said he sees no obstacles to making the Hungarian Status Law a joint success of Hungary and its neighboring countries, and said Budapest wants to continue consultations on implementing the law. Economy Minister Gyorgy Matolcsy discussed ways of extending the government's economic investment and development program, the Szechenyi Plan, across its borders, "Magyar Hirlap" reported. MSZROMANIAN PREMIER SAYS HE WILL PROPOSE TO BUDAPEST A 'PACKAGE DEAL' ON STATUS LAW. Adrian Nastase said on 26 October that the Venice Commission recommendations "by and large" confirmed that the Romanian positions on the Hungarian Status Law are just, and he emphasized that the commission concluded that the preservation of rights safeguarding national minorities' culture and identity can by no means be extended to the economic realm, Romanian radio reported. He said that he intends to propose to Hungary a "package formula" that will take into account "the basic philosophy" of the recommendations. The previous day, Nastase detailed his plan: the elimination from the Hungarian-Romanian accord of the stipulation limiting the number of Romanians who can work in Hungary to 8,000; involving Hungarian consulates in Romania in the issuance of ID cards attesting to membership of the Hungarian national minority on the basis of a recommendation from the Hungarian Democratic Federation of Romania; and allowing any Romanian citizen who wishes to study in Hungary at the state's expense to do so. MS



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