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ANUL I

Contents

Editorial                                                                                                                          5

AUTONOMY AND SELF-DETERMINATION

Dennis Deletant

Minorities and Autonomy in Contemporary Eastern Europe: Changes in International Perception                                                                      7

In a response to the rapidity and effectiveness of secession in some cases, and to violence in others, the international community has been forced to re-appraise the principles upon which it regulates its relations with emerging states, and this process has also entrained a change in its attitude towards minority or group rights. The author, professor at University of London, offers a quasi- exhaustive list of questions and problems – a genuine collection of milestones for the researchers and activists in this field.

Rosalyn Higgins

Self-Determination                                                                                               18

The article is a fragment of the book Problems and Process: International Law and how we use it, written by Rosalyn Higgins, professor of international law in the University of London. Its guidelines are related to the phases of the evolution of the concept of self-determination; its connection with the independence from colonial rule, its development toward a human right status. In this context, the author suggests that the role of the international lawyer is to eschew current fashion when it is intellectually unsound and to provide the analysis that shows how, properly understood, this important principle of international law can serve common values.

Pierre Kende

Self-Determination in Eastern Europe

Yesterday and Today                                                                                                                            36

Proceeding from István Bibó’s views on self-determination, the author analyses the prospects and limits of self-determination in Eastern Europe

198

after 1989. In theory, the principle of self-determination applies to every community, regardless of the size of the community or the territory it inhabits. Self-determination has not been and is not the same as secession. Rather, it has led to aspirations for greater self-government and territorial and cultural autonomy. Limits to the self-determination, the interests of neighbouring ethnic groups, and the needs created by the existing state structure. In light of the various means of implementing self-determination and the problems of multi-ethnic territories, the author voices the conviction that lasting peace in Eastern-Central Europe will be achieved only if the logic of self determination is realised. The author is the Research Director of C. N. R. S. of Paris.

Christoph Pan

The Autonomy Rights of the Ethnical Groups in Europe                                     49

President of FUEV (the Federal Union of European Ethnic Communities), the author offers a thoroughly study of the dinamics manifested by the ethnic european groups, their rights at autonomy and the inner characteristics of the various forms of autonomy: the territorial and the cultural autonomy, the local self-administration, as they were established by interstatal communities like UNO and the European Union.

Natalie Belitser

Peoples, Nations, National Minorities, Ethnical Groups and

the Right of Self-Determination

(The Case of Ukraine and Crimea)                                                                       63

A summary review of the main concepts used in international practice, and their reflection in the particular situations recorded in Ukraine and Crimea, after 1989. The author is Coordinator of the Ukrainean Helsinki Citizens Assembly.

DIALOGUE

Gabriel Andreescu

Atlanta: Real Topics and Abstract Judgements                                                   69

Gabriel Andreescu, co-president of the Romanian Helsinki Comitee, is reviewing the main guidelines of the February meeting in Atlanta, USA , between representatives of the Hungarian minority of Romania and personalities representing the Romanian political and civil society. The former USA president, Jimmy Carter, and Harry Barnes, former ambassador of USA in Romania , were present at this meeting, organized by Allen Kassof director of Project on Ethnic Relations.

CASE STUDY

Bodó Zoltán – Marins Cosmeanu – Mátétffy Csaba – Paul Mărginean The Alter/Ego status in Tîrgu-Mureş                                                                   77

The authors are members of the Students in Sociology Association of Timişoara. Their analyse is based on a careful consideration of the information contained in the articles published between January and March 1990 by the two daily magazines (Romanian and Hungarian) of Tîrgu-Mureş, about issues concerning both the community life and the interaction between the Romanians and Hungarians, shortly before the March violent inter-ethnic conflict in this Transylvanian town.

DOCUMENT

Council of Europe

Framework Convention for the

Protection of National Minorities                                                                    97

Comments

FUEV

The Spiritual Shortcoming Proved by the

Protection of Minorities                                                                                   120

ChristophPan

European Parliament's 1201/1993 Recommendation

compared to the Framework Convention for the

Protection of National Minorities                                                                   121

Valentin Stan

The Framework Convention - Result of a Compromise                                122

Varujan Vosganian

The Framework Convention can not be applied in the internal Judiciary Practice                                                                     124

TRANSYLVANIAN CONVERGENCES

Paul Philippi

Ecclesia Theutonicorum Ultrasilvanorum                                                      125

Proposing a historical approach to the evolution of the Ecclesia Theutonicorum Ultrasilvanorum, established in 1191, Dr. Paul Philippi, historian and theologian, president of the German Democratic Forum of Romania, offers an interesting review of the spiritual evolution of the Saxon community in Transylvania, during over 800 years of existence.

FACES OF EUROPE

This section includes three articles, out of a collection of six, originally published in 1986, under the title Co-existence in some Plural European Societies, is reprinted here with the permission of its editor, The Minority Rights Group (UK), using the 1991 edition. Produced to provide some constructive lessons of successful plural societies for those working to resolve the recurrent problems of Northern Ireland, this revised and updated Report has relevance, today, for the new plural democracies that are emerging in Eastern Europe and the former USSR, and also for the growing numbers of pan-European institutions. Dr. Jonathan Steinberg is University Lecturer in History and Vice Master of Trinity College, Cambridge, UK. Professor Marc Bossuyt is Belgian Commissioner-General for Refugees and Stateless Persons. Dick Leonard is EC/Brussels correspondent for The Observer.

Jonathan Steinberg

Switzerland                                                                                                153

Marc J. Bossuyt şi  Dick Leonard

Belgium                                                                                                      163

Fred Grünfeld

Holland                                                                                                       173

THEOLOGY AND SOCIETY

Alan W. Black

The Ironies of Ecumenism                                                                       182

A valuable approach to the major paradoxes, incompatibilities and incongruences recorded during nearly 30 years of interdenominational dialogue experience. The author is professor of Sociology at University of Armingdale, Australia.

Pro Europa League

The Pro Europa League (Liga Pro Europa) is one of the most well-known civic NGO's in Romania, founded in the Transylvanian city of Tîrgu-Mureş, on December 30, 1989, immediately after the fail of Ceauşescu's dictatorial regime.

The PEL became respected due to its involvement in promoting human rights, pluralism and multicultural values. From the very beginning of the transitional period, the PEL played a significant role in the political reality of Romania, joining different civic movements and alliances committed to mobilise public opinion against restauration of the former communist structures. In the specific area of the multicultural society of Transylvania, the PEL had remarkable role in monitoring discriminatory policies against minorities and in promoting tolerance between Romanians and Hungarians, as a key issue for peace and democratic progress in Central Europe.

In its activity of more than five years, the PEL organised an impressive number of workshops, seminars, round-table debates, summer camps, conflict resolution missions and meetings for teachers, local authorities, judges, prosecutors, students, local political and civic leaders.

The PEL is actively networking with other Romanian NGO's committed to rebuild civil society and collaborates with European and American institutions and foundations.

The PEL has over 500 members, ' based mainly in the Transylvanian area and a branch in the city of Satu Mare. The PEL is structured in five departments:

• The Human Rights Office, monitoring mainly minority rights abuses;

• The Center for Pluralism, promoting civic education at local and regional level;

• The Intercultural Center, initiating research on multiculturalism and practical approaches of this issue;

• The Women's Group, aiming to promote women in the Romanian public life;

• The Environmental Group, aiming to stimulate a responsible attitude towards environment.

These departments aim to mobilise local public opinion and authorities for implementing democratic values.

Between November 1991 and September 1993, the PEL edited the „Gazeta de Mureş” weekly, supporting democratic and pluralist ideas. Actually, the PEL is editing a monthly newsletter: „Pro Europa”.

The PEL is member of the Centers for Pluralism network (initiated by IDEE, Washington), having permanent connections with other NGO's from the former communist block.

Acest număr a fost realizat cu sprijinul Fundaţiilor Heinrich Böll (Germania), CEBEMO (Olanda) şi National Endowment for Democracy (U. S. A. ). cărora editorii le adresează mulţumiri.

•  Opţiunile exprimate în articolele publicate aparţin autorilor. Drepturile de publicare sînt rezervate.

Grafica: Mana Bucur

Tehnoredactare: Gabriel Niculae, Culegere: Judit-Andrea Kacsó

Tipărit la S. C. LYRA S. R. L., tel. 065-165373

ISSN 1224-0338

   

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(c) Fundaţia Jakabffy Elemér, Asociaţia Media Index 1999-2006