in the Protection of Minorities:
International Legal Developments 7
purpose of this essay is to consider how international law addresses three
problems that bedevil political and legal discourse in the field. The first is
of how to reconcile the demand for the provision of special rights for members
minority groups with respect to the rights of others, that is, with the
nondiscrimination and equality under the law. The second is how to reconcile
arrangements for minority groups with respect to the individual human rights of
members of the minority. The third is how to reconcile such arrangements with
to the rights of minorities within the minority. The notion of minority rights
Rodley — is and should be treated as a conceptual
diversion. The issues at stake are
essentially those of equality under the law, nondiscrimination (direct or
and respect for substantive human rights, read either independently or
Demarcation disputes would remain to be resolved by the reasonable and
The Rights to „Otherness” as Group Rights 30
According to the
author, the right to collective identity can be a result of the right to
self-determination, and viceversa: both these
universal liberties being subject of
continuous application. Biró notices that the
international treaties may be inforced
only if the minorities’ situation is the focus of a multiple juridical
activity. Only in
these circumstances one can expect the international standards to be used in
practice, and also that the various requests of the minorities will be considered
the mediation of an indisputable reference point, while the internal guaranties
would be closely associated with the international monitoring system. As the
experience proves, both the reliable inter-ethnic conflict resolution and its
towards the legal and political instruments may only be achieved in a highly
The Romanian-Hungarian Treaty
and the issue of collective rights 53
The author compares H.D.U.R.’s (Hungarian Democratic Union of Romania) program
and Romania’s official statement in the field of local autonomy with a special
The signing of the Romanian-Hungarian Treaty is delayed as a result of the
contoversies regarding the autonomy and the Recommendation
1201 of the Council
of Europe, which includes the possibility to grant a special status local
Stan reaches the conclusion that the collective rights problem raised by the
Recommendation 1201, if this document would be included in the Romanian-
Hungarian Treaty it is not an issue.
of Minorities 62
The Modern, pluralist
society, as Kusy sees it, is made of groups or
whose rights must be respected by the State. The author states that the very
of the self identification process is the practical use of the collective
rights. This self-
identification should be a multiple one, since the same person belongs to
groups. When a person considers oneself as belonging to a single group, this mentality
is a totalitarian one. Therefore, the collective rights enriche the human being only in
their plurality, many-sidedness and complementarity.
of Intolerance 68
A debate organised by the Intercultural Center of the Pro Europe League
occasion of the „Week of Tolerance” in Tîrgu-Mureş.
The participants — Gabriel
Andreescu, Magda Cârneci, Smaranda Enache, Rudolf Herbert, Andor Horváth,
Claude Karnoouh — discussed the problem of
intolerance in Central and Eastern
Europe, with a special focus on Romania.
The meanings of a
In 1921, Octavian Goga, the Romanian Ministry of Cults and Arts, had launched
idea of organizing a General Conference of Arts. A group of artists of the
minority have expressed their wish to participate at this meeting. The large majoritv
of the Romanian writers have attacked vehemently this intention. Maliţa studies the
tremendous debate around this issue, presenting also the outstanding views of
who have decided not to follow the collective mentality patterns of the time.
The Law on the
Special Juridical Status of Gagauzia 102
Special Juridical Status of Gagauzia 110
A short commentary
which concludes that the special juridical status for the
Gagauzians would provide them with a legal instrument
which would allow the
foundation of a state within the stale, which could always separate itself from
Republic of Moldavia.
Gagauzians in the Republic of Moldavia 117
The author explains
the reasons behind the gagauz leaders wish to selfdetermination.
Tulbure sees the autonomy as a wayout in the regional crisis.
A description of
the Armenian history in Transylvania from its beginning (the Roman
period) until their partial assimilation in the second half of the XIXth century.
FACES OF EUROPE
The Crimean Labirinth 147
The Crimean Tartar Movement & Ucrainian Strategy
in the Crimea: a Chronology of Defeat 160
Both authors are
presenting the delicate situation of the autonomy in Crimea, and
the problems of Tartars who were deported from Crimea in the communist era and
who returned in this territory.
Christianism and Democracy 166
Analysing the situation in the light of post-communist events,
Father Novik is
dismantling the theories refering to the
incompatibility between Eastern Orthodoxy
and the democratic values.
According to the
author, during the last six years the hook market has been invaded
by chauvinistic-oriented editorial products, based on the historic revisionism
Tolok suggests that the end in view for this invasion
is to induce a psychosis to the
politically confused, and innocent readers, making them to believe that Romania
perpetual victim of the hostile powers plot.
La Multination. L’avenir des minorités en Europe
Centrale et Orientale. 191
Via Europa No. 2 194
Human Rights —The New Concensus 196
PRO EUROPE League
The PRO EUROPE League (Liga PRO EUROPA) is one
of the most well-
known civic NGOs in Romania, founded in the Transylvanian town of Tîrgu-Mureş,
on December 30, 1989, immediately after the fall of Ceauşescu’s dictatorial regime.
The PEL has become respected due to its involvment in promoting human
rights, pluralism and multicultural values. From the very begining of the transi-
tion the PEL has played a significant role in the
political reality of Romania,
joining different civic movements and alliances committed to mobilize public
opinion against the restauration of the former
communist structures. In the spe-
cific area of the multicultural society of
Transylvania, the PEL has had a remarcable
role in monitoring discriminatory policies against minorities and in promoting
tolerance between Romanians and Hungarians, as a key issue for peace and demo-
cratic progress in Central Europe.
For more than six years, the PEL has organized an impressive number of
workshops, seminars, round-table debates, summer camps, conflict resolution
missions and meetings for teachers, local authorities, judges, prosecutors, stu-
dents, local, political and civic leaders.
The PEL is actively networking with other Romanian NGOs committed to
rebuilding the civil society and collaborates with European and American insti-
tutions and foundations.
The PEL has over 500 members, is mainly based in the Transylvanian area,
and has a branch in the town of Satu Mare. The PEL
consists of five departments:
• The Human Rights
Office, monitoring mainly minority rights abuses;
• The Center for
Pluralism, promoting civic education at local and regional
• The Intercultural
Center, initiating research on multiculturalism and prac-
tical approaches of this issue; it is also the
department that publishes pro-democ-
racy brochures, the PEL newsletter and the ALTERA quarterly.
• The Women’s Group,
aiming to promote women in the Romanian public
• The Environmental
Group, aiming to stimulate a responsible attitude to-
These departments aim to mobilise local public
opinion and authorities for
implementing democratic values.
Between 1991 and 1993, the PEL edited the „Gazeta de Mureş” weekly,
supporting democratic and pluralist ideas.
The PEL is member of the Centers for Pluralism network (initiated by
Washington, DC), having permanent connections with other NGOs from the
former communist block.
• Acest număr a fost realizat cu sprijinul Fundaţiilor Heinrich Böll
(Germania) şi BILANCE (Olanda), cărora editorii le adresează mulţumiri.
• Opţiunile exprimate în articolele pubicate aparţin autorilor.
• Articolele nepublicate nu se restituie.
• Drepturile de publicare sînt rezervate.
Grafica: Mana Bucur
Tehnoredactare: László Zsolt Pápai
Culegere: Mihaela Ignat, Judit-Andrea Kacsó
Tipărit la S.C. MEDIAPRINT S.R.L.
(c) Fundaţia Jakabffy Elemér, Asociaţia Media Index 1999-2006