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Romania's
Poor State of Preparedness for Membership
Will Bring Unresolved Minority Issues into the EU
With
the European Commission's September 26 decision to admit Romania
into the European Union on January 1, 2007, it is clear that the
Commission has chosen to sidestep the needs and aspirations of entire
segments of the country's population, notably those of the 1.5 million-strong
Hungarian minority. The deficiencies facing Romania's Hungarians
were glaringly disregarded in the EC's 52 page Report
(which does not even name the country's largest national
minority), just as they were in the Commission's May 16 Report.
Inexplicably, thousands of citizen letters in the Spring alerting
Enlargement Commissioner Olli Rehn to longstanding
human rights shortcomings were simply ignored. By failing to address
the legitimate human rights concerns of the Hungarian minority,
the Commission is pursuing a precarious course. It is sending the
wrong message to the government of Romania, future aspirant countries
and, most importantly, the very peoples EU membership is intended
to serve. As the recent escalation of anti-minority sentiments hostilities
in member-state Slovakia shows, avoidance of issues does not eliminate
them. Instead, ongoing and substantive action is necessary to bring
genuine, lasting reform.
The
New York-based Hungarian Human Rights Foundation welcomes the European
Commission's decision to monitor human rights related issues in
Romania and Bulgaria through its qualified agency, the Vienna-based
Monitoring Centre on Racism and Xenophobia (EUMC),
which -- according to a 2005 European Parliament resolution -- will
be replaced in 2007 gives by the newly established Fundamental
Rights Agency (FRA). It is important that FRA's mandate
include all issues brought to its attention by national minority
organizations and the international human rights community. In addition
to incidents of physical harassment, the Agency' should monitor
those rights critical to the survival of minority communities: equal
and full access to native-language education, restitution of properties
confiscated from minority churches and civic organizations, and
protection of national minorities in accordance with the principles
of subsidiarity and cultural autonomy.
Before the EP Resolution on the extent of Romania's readiness for
accession to the European Union is adopted at the December 11-14,
2006 Strasbourg Plenary, MEPs still have a small window of opportunity
to effect positive change in Romania’s minority policies by
setting specific benchmarks. By raising awareness through discussion
of issues with fellow MEPs drafting the resolution in AFET and other
delegated committees (Civil Liberties, Justice and Home Affairs,
Budgets and Women's Rights and Gender Equality), all members can
take an effective stand to promote human and minority rights.
HHRF's
EU Enlargement Watch - Romania strives to independently
analyze and report on developments in this critical component of
Romania's EU integration process. HHRF has monitored the human rights
situation of Hungarian minorities in East Central Europe since 1976.
With offices in Budapest, Hungary and Kolozsvár/Cluj, Romania, the
Foundation has closely tracked Romania's implementation of international
human rights norms since the fall of communism. Unfortunately, since
the first
issue of HHRF's EU Enlargement Watch - Romania
in March 2006, throughout the Spring and Summer we can report only
very limited positive developments.

Enlargement
Commissioner Olli Rehn Ignores
Requests by 5,000 Petitioners from Romania
Although
urged by groups of MEPs, numerous Hungarian civic organizations
and 5,000 letter-writing individuals, Enlargement Commissioner
Olli Rehn completely ignored the lack of progress on three
of four major, long-standing deficiencies identified in
the European Parliament's Resolution on the extent of Romania's
readiness for accession to the European Union, adopted December
15, 2005:
1.
To adopt a law on minorities;
2.
To remove discriminatory measures from the electoral laws;
3. To take measures to protect the Hungarian minority in
accordance with the principles of subsidiarity and cultural
autonomy; and
4.
To fully sustain higher education for the Hungarian minority
by providing the financial means needed.
Even
Romania's yearlong, deliberate obstruction of
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a law on minorities is mentioned as if progress were imminent:
the bill, according to the September 26 Rehn report, “is
still being discussed in parliament.”" In fact,
the draft law submitted by the government on May 19, 2005,
has been held up (to this day!) through endless bureaucratic
delays in various parliamentary committees.
Already
at the April 3, 2006 Foreign Affairs Committee (AFET) hearing
with the Enlargement Commissioner, concerned Members of the
European Parliament raised the lack of progress, but Mr. Rehn
dodged their questions.
In
late April, 17 civic organizations in Romania were joined
by 5,000 individual letter writers, petitioning the Commissioner
to make human rights an integral component of his discussions
with the Romanian government. Though moderate and well-grounded,
the letters went unanswered, and the requests were roundly
ignored in Commissioner Rehn's apparent haste to curry favor
with the Romanian leadership.
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Civil
Society in Romania Petitions
Enlargement Commissioner Olli Rehn
April 6, 2006
The Honorable Olli
REHN
Commisioner for Enlargement
and
The Honorable Michael LEIGH
Director General for Enlargement
European Commission
Dear Commissioner Rehn,
Dear Director Leigh,
According to recent reports, it is your belief
that the situation of Hungarians living in Romania
is completely satisfactory, that the human and
minority rights abuses facing the Hungarian community
are basically resolved. We Hungarians, who actually
live, work and pay taxes in Romania, know that
this belief is inaccurate and misguided. The following
are major deficiencies we find discriminatory
and unacceptable:
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Failure to adopt a Law on Minorities.
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Limitations on the possibility to study in the
Hungarian language in the public school system;
prohibition on teaching Geography and Romanian
History in the native tongue; denial of minority-language
entrance examinations.
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Refusal to address the Hungarian Székelyland's
aspirations for autonomy.
- Obstructing
native language rights for the Csángó
Hungarians.
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Inadequate possibilities to pursue studies in
the Hungarian language at the university level.
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Refusal to restore the publicly-funded Hungarian
university.
- Failure
to return 2,140 illegally confiscated church
and properties.
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Arbitrary re-districting into development regions
to ignore natural evolution of regions throughout
history.
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Failures to implement bilingualism in Hungarian-inhabited
communities.
We respectfully request that you highlight the
importance of resolving these longstanding deficiencies
as Romania prepares for accession to the European
Union.
Very
truly yours,
| Bolyai
Initiative Committee
Christian Youth Association of Transylvania
Transylvanian Hungarian Youth
Hungarian National Council of Transylvania
Hungarian Human Rights Foundation
Federation of Hungarian Youth Associations
Federation of Hungarian Civic Associations
in Transylvania
Hungarian
Youth Council
Union of Hungarian High-School Students
of Romania
Hungarian Civic Association |
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László Mikecs Friends of Csángó
Association
Francis David Youth Association of Romania
Hungarian Student Association of Romania
Politea Association
Hungarian
Scout Association of Romania
Reform Association of Sepsi
Székely
National Council
Reform Foundation
Csaba
Sógor, Senator
Tibor
T. Toró, Deputy |
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Unedited
Excerpts from Letters
by Concerned Future Citizens
of the European Union
"... if by
some miracle you can visit us here in the small
town of Mikháza, Romania (Tg-Mures and Sovata),
then please do so, so you can see how these places
have been neglected, so you can see the Hungarian
populations here. There are thousands upon thousands
of us here. " (Zsolt J., Mikháza,
Romania)
"I am a Hungarian
Associate Professor born in Transylvania... Last
year I visited Finland, spending some time in
a Mökki by a lake, and I was fascinated from the
way of thinking and living of Finnish people.
And being born as a national minority in Romania,
I was extremely positively impressed of the bilingual
signs all over the country, in Finnish, and Swedish.
That is the real democracy, fraternity and respect
for other nations. A country to live in comfortably.
My surprise and question is, that how can somebody,
who knows well the Western European practice,
first of all the Finnish one, claim that in Romania
and Transylvania all the minority problems are
settled?" (Tibor T. Ph.D.)
"I've read
with certain amount of dismay in your Apr 3, 2006
English-language report on the situation of Romania
and Bulgaria that you have not wasted one word
on the Hungarian minority living in Romania...However
as you MUST know, being in charge of enlargement
for both Romania and Bulgaria, that Romania had
a brutal regime until the end of 1989 during which
the Hungarian minorities were treated with utter
discrimination by Ceausescu and his henchmen.
What is more, there were many underhanded and
overt attempts to entirely abolish the 1.5 million
Hungarian minority population. I HOPE, along with
many concerned Hungarian citizens of the EU and
the world at large that you will RECTIFY this
and will pay special attention to the special
situation of this large Hungarian minority. Otherwise
we cannot see how the EU is REALLY committed to
all its stated values. " (Hedi H.,
Ph.D.)
"I am a PhD
student on the Physics Faculty of the Babes-Bolyai
University, Cluj, Romania... When I was a 4th
year student on the Physics Faculty of the Babes-Bolyai
University, there was a possibility of obtaining
a scholarship for high performance research activity.
In that time I had my first publication in the
"NATURE" international journal (with highest impact
factor from all scientific journals)... Still
the council of the Faculty decided that another
Romanian girl should obtain that scholarship,
not me the only Hungarian student, with the best
research results...This is a small example which
illustrates why we feel discriminated and we would
like to have our own independent faculties, our
own university and generally all the rights we
deserve as an important minority of this country."
(Mária E-R., Cluj-Napoca)
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| HHRF
Recommends: Rights denials facing the Hungarian
minority should have been included in the European Commission's
September 26 Report. The EC and EP now need to find other
avenues to protect the rights of Romania's 18 national
minority groups. In the future European institutions should
be attentive and responsive to the expressed needs of
current and future EU citizens, the actual constituency
of the Union. |
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Law
on National Minorities Obstructed
in Romanian Parliament
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EP Criterion:
"[the European Parliament] reiterates that additional
measures need to be taken to ensure the protection of the
Hungarian minority in accordance with the principles of subsidiary
and cultural autonomy. " |
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Article 27, European
Parliament Resolution on Romania, December 15, 2005 |
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The
Romanian Parliament building |
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"In
the field of protection of minorities, only limited progress
can be reported. The draft law on the statute of national
minorities and setting up the principles of equality and
non-discrimination and multi-culturalism, is still being
discussed in parliament. This legislative process needs
to be followed closely." Page 39, September 26,
2006 EC Report on Romania.
Closely follow
this “legislative process” is precisely what
HHRF has done for the past 19 months. During this period,
the Romanian Parliament has had more than ample time to
discuss and adopt the bill on national minorities. Instead,
it has posed every bureaucratic obstacle and legal maneuver
to avoid this result. Early on, opposition forces and certain
Romanian government coalition MPs formed an unlikely alliance
to obstruct this long-awaited law. The latest ploy by this
contemporary "monstrous coalition" occurred on
October 4, when Deputies again boycotted the relevant joint
committees rendering them inoperative.
The bill was
submitted to Parliament by the government on May 19, 2005.
Almost immediately, two of the dominant parties in the governing
coalition turned against their own government's proposal.
Thus, for more than one-and-half years, less than a quarter,
or only 18 non-controversial articles of the bill's 78 total,
have been “discussed.”
In its original
form, the bill would grant the country's 18 recognized minority
communities limited competence in areas that directly impact
on their ability to preserve their cultural identities.
One component of the bill under assault is the transfer
of narrow powers to National Minority Councils,
which the law would establish, and which exist in several
other countries in the region.
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Transylvanian
Autonomy Manifesto Adopted,
Self-Determination Initiatives Criminalized
| 20,000
people called for "Autonomy for Székelyland, freedom for
the Székelys" at a March 15, 2006 Grand Assembly held
in Székelyudvarhely/Odorheiu Secuiesc, which adopted a Székely
Manifesto by public acclamation, demanding internal
self-determination, local democracy and self-administration
for the region. 74 percent of the 1 million people who live
in the traditional region of the Székelys [the counties of
Hargita/Harghita, Kovászna/Covasna and Maros/ Mures], belong
to this indigenous Hungarian population. Jointly organized
by the Székely National Council and Transylvanian
Hungarian National Council, the gathering came under
unprecedented assault by all Romanian parties and the Romanian
President himself, whose denunciations spread unsubstantiated
fears of the region's secession, a scenario never contemplated
by the Hungarian community. Romanian President Traian
Basescu summoned local mayor Jenõ
Szász to Bucharest and warned him not to proclaim
the region's autonomy as it contravenes with the Romanian
constitution. Even more troubling is the fact that up until
the evening before the Grand Székely Assembly, the President
continued to negotiate with ultra-nationalist Greater Romania
Party President Corneliu Vadim Tudor on modalities
of "obstructing the harmful meeting." |
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20,000
people demand self-administration for the region inhabited
by the Székely population |
Corneliu
Vadim Tudor offered to organize a counter-demonstration in
the town "bringing 100,000 true Romanian patriots to defend
the motherland from the barbaric Hungarian hordes," an
offer which President Băsescu ultimately declined. Béla
Markó, President of the Democratic Alliance of Hungarians
in Romania (DAHR) warned "it is very distressing that
in 2006 someone is threatening the rights of free speech and
public assembly through the planned deployment of aggressive
crowds." |

Attempts to Thwart Freedom of the Press and Expression
In
addition to misinforming the public and fostering panic,
Romanian authorities took steps to intimidate and criminalize
pro-autonomy supporters. On March 8, 2006 policemen confiscated
the latest issue of the Hungarian language Európai
Idõ biweekly on sale in Marosvásárhely/Targu-Mures.
Ioan Nicolae Cabulea, Head of Mures County
Police Department claimed the action was "ordered" to investigate
reports that the paper's editorial "What the
Székely Nation Wants - The 12 Demands of the Székelys"
infringed on Romanian national security. Smaranda
Enache, President of the civic organization Pro
Europa League and the Romanian Journalists' Association,
exposed the move as a patent violation of freedom of the
press and demanded a public explanation. Days later, the
copies of the biweekly were back on the streets but no explanation
was given.
Organizations
in Transylvania promoting greater self-administration are
exercising their constitutionally guaranteed right to free
speech in line with Resolution 1334/2003 of the Council
of Europe Parliamentary Assembly on Positive Experiences
of Autonomous Regions as a Source of Inspiration for Conflict
Resolution in Europe.
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| HHRF
Recommends: Official harassment of autonomy
movement leaders must be terminated; the Chamber of Deputies
of the Romanian Parliament should immediately adopt the
proposed Law on National Minorities. |
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Church and Private Property Restitution
at a Near Standstill
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EP Criterion:
"[the European Parliament] emphasizes the need to speed
up implementation of the law on the restitution of property." |
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Article 21, European
Parliament Resolution on Romania, December 15, 2005 |
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"As
regards property restitution, some progress has been made.
The legislation has been modified to streamline the regime
of establishment and payments of compensations. However, the
processing of claims remains slow." — EC
Report on Romania, September 26, 2006, page
39 .
On
March 9, 2006 Romanian Prime Minister Calin Popescu-Tariceanu
officially launched the Property Fund set up to compensate
the victims of Communist expropriation. Essentially a public
relations ploy rather than the long-overdue and genuine reparation,
half of the 114 companies in the Property Fund are not listed
on the Romanian Stock Exchange and therefore cannot be traded.
Thus, for all intents and purposes, the Property Fund is non-functional
and unable to adequately compensate former owners of previously
demolished and therefore non-returnable properties. Serious
doubts exist as to how and when the Property Fund, with a
proposed portfolio of 14.4 Billion RON (approx. 3.9 Billion
EUR), will actually compensate the approximately 180,000 former
owners.
One
of Romania's
most serious shortcomings in implementing
EU norms continues to be in the critical area of property
restitution, mentioned in Article 21
of the EP's December 15, 2005 resolution. The near-total failure
to return 7,500 properties confiscated from religious denominations
between 1945 and 1989 by the
Communist regime continues 16 years after the Romanian revolution.
2,140 of these properties were taken illegally
from the four traditional Hungarian churches (Roman Catholic,
Reformed, Unitarian and Lutheran). Despite various government
ordinances, two laws (501/2002 and 247/2005) |
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and
countless deadlines for implementation, the Hungarian denominations
have regained actual possession of only 59 buildings, or less
than 3 percent of the properties rightfully belonging to them.
Since
January 2004, HHRF closely monitors the status of the 2,140
properties confiscated from the Hungarian community through
a Restitution Working Group, which includes
legal representatives of the affected Hungarian churches.
Results are recorded in a regularly updated Database
of Confiscated Church Properties, available on the Internet.
The
international community has clearly and repeatedly called
on Romania to remedy this flagrant human rights violation,
notably in Opinion
No. 176 (1993) on the application by Romania for membership
of the Council of Europe and Parliamentary Assembly Resolution
1123 (1997) on the honoring of obligations and commitments
by Romania.
H.
Res. 191, unanimously adopted by the United States House
of Representatives on May 23, 2005, identified eight specific
steps the Romanian government needs to take for genuine restitution
to occur, but only two of these have been realized within
the past year.
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| HHRF
Recommends: Romanian authorities must
rapidly overcome the extensive delays created by local
authorities who refuse to cooperate with the government's
Special Restitution Committee, withhold essential documents
and attack the Committee's decisions in courts of law
to obstruct implementation. |
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Hungarian Professors at Babes-Bolyai University in Cluj Threatened
with Sanctions
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EP Criterion:
"[the European Parliament] calls on the Romanian authorities
to fully sustain higher education for the Hungarian minority
by providing the financial means needed." |
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Article 27, European
Parliament Resolution on Romania, December 15, 2005 |
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BBU
wants to intimidate us and potential supporters, says
Hantz, but we will not give up. |
Three
Hungarian instructors at the university have been threatened
and intimidated by Rector Nicolae Bocsan
because of their efforts, at home and abroad, to promote
an independent Hungarian-language institution. On July 21,
Barna Bodó, Péter Hantz
and Lehel Kovács were reprimanded by the
University's Disciplinary Committee for "continuously
propagating false information on the University, severely
harming its international fame." Barna Bodó, President
of the Bolyai Initiative Committee was
reproached; Vice-President Péter Hantz got a written warning
for being the driving force behind an international petition:
Dozens of renowned academicians, including Nobel Prize Laureates
Elie Wiesel, George A. Oláh
and Imre Kertész have urged the re-establishment
of a state-funded Hungarian Bolyai University. The petition
was printed in March in The Times of
London and reported on in a feature article in the Frankfurter
Allgemeine Zeitung on February 22, 2006. Upon
learning of these statements, former rector and acting President
of the Academic Council of the Babes-Bolyai University Andrei
Marga threatened in the Romanian media to sue Kertész,
but subsequently withdrew.
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Misinformation
and Falsehoods Propagated
on the Babes-Bolyai University Website
| Meanwhile,
even a cursory examination of the Kolozsvár/Cluj-based
Babes-Bolyai
University homepage reveals that it is University itself
that propagates false information on the availability of Hungarian
education at this public institution and misrepresents the
school’s history. Here are only four of the falsehoods
we found:
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Under "About UBB - the multicultural character"
the website claims that "starting with 1995, Babes-Bolyai
University has received no complaints whatsoever concerning
instances of ethnic discrimination or disruptions in the multicultural
system..."
This
is untrue. There have been countless complaints about
discrimination against Hungarians by not granting three autonomous
faculties within the institution where the language of instruction
is Hungarian. The aspiration for departments in Natural Sciences,
Humanities and Social Sciences has been promoted by both ethnic
Hungarian instructors and students within the university,
the ethnic Hungarian political party DAHR, and international
human rights groups like HHRF. In fact, the university website
goes on to say that:
2)
"...it has introduced separate lines of study, enjoying
distinct representation and decision-making autonomy at any
level (department, faculty, university)."
This
statement is untrue considering that the Babes-Bolyai
University Senate has repeatedly denied permission to create
the above-mentioned three faculties. There are, in fact, only
two Hungarian-run faculties at the university. Ethnic Romanians
heads all others, and the ethnic Romanian majority administration
consistently vetoes all Hungarian initiatives.
3)
The website also says that the "Babes-Bolyai University
provides complete studies in the mother tongue of the minorities,
being, in this respect multilingual."
This
is patently not true. In fact, it is precisely the
lack of adequate Hungarian-language education that propels
the Hungarian community to insist on its own public institution.
First, about 30 per cent of ethnic Hungarians have to attend
Romanian courses at various institutions around the country
because their majors are not available anywhere in Romania
in the Hungarian language. |
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Although
their numbers would clearly warrant a separate institution
(the 1.4 million Hungarians make up 6.6 percent of the country
and 20 percent of Transylvania's population), for example,
engineering and dentistry cannot be studied anywhere in Hungarian,
in Romania. At the Babes-Bolyai University, Hungarians cannot
study Business Administration, Law, European or American Studies
in their native language either.
4)
The homepage states that: "The Babes-Bolyai University
is the oldest academic institution in Romania, which embodies
the entire academic tradition in Transylvania, inaugurated
with the Jesuit College founded by Prince Stephan Bathory
in 1581."
This
sentence is a telling example of how official Romanian history
distorts and conceals the facts. On the website there is no
reference at all to the fact that "the oldest academic
institution in Romania" was founded and supported by
ethnic Hungarian princes for over 400 years. In the Middle
Ages the language of tuition was Latin, which in the early
1800s changed to Hungarian. The Hungarian-language University
itself was founded by Austro-Hungarian Emperor Franz Josef
in 1872 and after World War I in was taken over by the Romanian
authorities. Following World War II two separate universities
coexisted in the city, the Romanian-language Babes University
and the Hungarian-language Bolyai University. In 1959, the
two institutions were forcibly merged, and studies in Hungarian
were gradually eliminated in most areas.
The
current Hungarian-language version of the website makes no
reference to the Hungarian tradition of the university. In
fact, the history link is blank. Questioned by HHRF's
Enlargement Watch -
Romania in May 2006 the university administration
answered "it is being prepared." It is November,
yet the link promised since the Summer is still blank. |
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| HHRF
Recommends: University authorities must correct
the punitive action taken against advocates of equal opportunity
education. At minimum, the Romanian government should
finally take the long-promised steps necessary to establish
autonomous Hungarian faculties within the existing structure
of the Babes-Bolyai University. |
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