Hungarian American Coalition News, 2006 (15. évfolyam, 1. szám)

2006 / 1. szám

• The law for the ratification of the European Chart of regional and minority languages

Draft Law on the Status of National Minorities in Romania (Written by the DAHR)

Prior to 2005, several versions of the law on the status of national minorities prepared by different minority groups did not receive sufficient political support, and there was little progress in reconciling the views of various minority organizations.

Based on consultations with Hungarian organizations, public personalities from Transylvania, minority organizations in Romania and international experts, the DAHR elaborated

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the draft law on minorities and released it for debate at the beginning of 2005. This version was then submitted for to the National Minority Council for review and finally to the Romanian government on March 30, 2005.

Aside from the provisions of principle, the law defines those national minorities that can be regarded as traditional and historical minorities in Romania due to their long-lasting co-existence with the Romanian majority. These are defined as communities which have lived in Romania for at least a century, have their own national, ethnic, cultural, linguistic and religious identity and wish to preserve, express and promote that identity13. The introduction of the national community concept constitutes a breakthrough since it is the first time that the draft declares national minorities to be state-forming factors.

The draft law also defines the status of the minority organizations, more in particular, the fact that a minority organization participates in political life, local and parliamentary elections based on specific criteria14.

The most important element of the draft law on minorities is the establishment of the legal framework for the practice of cultural autonomy15. Thus, it not only stipulates that national minority groups have the right to independent cultural,

education and media institutions, but also specifies how the community can decide on the supervision and functioning of these institutions. These administrative bodies would be elected internally and would be invested with the appropriate authority by a government resolution. The establishment of cultural autonomy does not differentiate between political, civil or church institutions.

Cultural autonomy is a means by which the state gives power over personal rights such as religion, language or culture to a group within the state. Cultural autonomy allows for selfgovernment in cultural and educational matters. Minority community members are able to study in their native language and to influence the central and local decision-making bodies in matters concerning their cultural needs. For this purpose, the minority community is represented in the central and local governments but does not have self-government (or general autonomy) in political and economic matters. However, regarding cultural issues, the minority institution’s authority is independent of the central government. Furthermore, cultural autonomy is not secession from the state, nor does it mean regional autonomy.

The Council of Cultural Autonomy would be established according to the principle of equal representation in the civic sphere for church and community organizations through internal elections16. The establishment of cultural autonomy does not exclude the establishment of other forms of autonomy in any political or legal way.

The Venice Commission’s Opinion on the Draft Law on the Statute of National Minorities Living in Romania17

The Venice Commission, or the European Commission for Democracy through Law, is an advisory board to the Council of Europe which deals mainly with constitutional matters, and is affiliated with an internationally recognized independent think-tank.

4 - June 2006 - Hungarian American Coalition