The standing committee of the
Szekler National Council has met on Friday, September the 28th in Székelyudvarhely.
Among other issues, the repeated rejection of Szeklerland's autonomy statute by
the romanian senate was discussed. The committee decided to elaborate a
detailed analysis on the reasons of rejection, and the further steps made
necessary by it.
The draft law developed by the
Szekler National Council was presented to the Romanian Parliament by MP Becsek
Garda Dezső and Senator Sógor Csaba. Based on the reports of the Legislative Council
of the Parliament and the competent commissions, the draft was rejected by the House
of Representatives on the 12th of December, 2005, and on the 25th of September,
2012 by the Senate. According to the informations accessible on the official
website of the Senate, UDMR Senators Fekete-Szabó András Levente, Günthner
Tiberiu, Albert Álmos and Cseke Zoltán, and PSD senator Marcu Gheorghe
supported the draft, while PSD Senator Gheorghe Pop and PNL senator Luca
Raymond abstained.
From all the reports, only that of
the Legislative Council and the joint report of the Administrative and the Legal
Affairs Committee are the ones that contain any substantial justification, the
others simply communicate the recommendation for rejection.
The Legislative Council believes
that the goal described in the first article of the draft is the creation of an
independent state entity, separate from the unitary, national state of Romania. The
true goal however is to create an autonomous region endowed with additional
competencies, within the Romanian state, and in accordance with it's laws. The
deliberate and malicious distortions are so biased that the writers doesn’t
even notice that the quoted and criticized sections can be found in the
European Charter of Regional Self-government, which states: Regional self-government denotes the right
and the ability of the largest territorial authorities within each State,
having elected bodies, being administratively placed between central government
and local authorities and enjoying prerogatives either of self-organization or
of a type normally associated with the central authority, to manage, on their
own responsibility and in the interests of their populations, a substantial
share of public affairs, in accordance with the principle of subsidiarity.
After all this it is outright
cynical, that the Legislative Council refers to international law, quoting
irrelevant generalities from Recommendation 1334/2003 of the Council of Europe,
while conceals the most important detail, that this document recommends
regional autonomy as the democratic solution to resolve tensions between the
central government and the national communities.
In a similar manner, they reference
Recommendation 1201/1993 of the Council of Europe, while being willfully
ignorant to its 11'th article, which states clearly:
In the regions where they are
in a majority, the persons belonging to a national minority shall have the
right to have at their disposal appropriate local or autonomous authorities, or
to have a special status, matching the specific historical and territorial
situation and in accordance with the domestic legislation of the state.
Even more serious is what the
Legislative Council has done to article 12 of this Recommendation. According to
article 12, nothing in this protocol may be construed as limiting or restricting an
individual right of persons belonging to a national minority or a collective
right of a national minority embodied in the legislation of the contracting
state or in an international agreement to which that state is a party.
This disposition has been outright
falsified, being translated in a way that claims, that nothing in the protocol
may be construed as a collective right of a national minority, exactly the
opposite of what the original disposition states. 1
Beyond the fact that not a single
document of international law for the protection of minorities should be used
against minorities, this act constitutes a document forgery, and puts into
question the legitimacy of the legislative process.
It’s important to point out, that Romania made a
unilateral commitment to fulfill recommendation 1201/1993, and to this very
day, failed to do so. More than that, the authorities falsify these recommendations,
in order to use them against their original purpose and spirit during
legislative processes.
The Legislative Council's 15 page
long rejection notice is almost identical to the response written when the draft
was submitted on the 12th of March 2004. The claims of that response
were disproved one by one by Dr. Csapó József. This rebuttal was sent to the
Legislative Council, and was also published. In spite of this, the false arguments
and incorrect claims are repeated in this new text, as if this never even
happened.
The Standing Committee also decided that
the next meeting of the Szekler National Council will be held in this year's
November, in Marosvásárhely.
Izsák
Balázs
President
of the Szekler National Council
Marosvásárhely,
October 1, 2012.
______________________________________________________
1
The
text falsified by the Legislative Council of the Romanian Parliament: “…nici
o dispoziţiei a Protocolului nu poate fi interpretată ca limitând sau restrângând
un drept individual al unei persoane aparţinând unei minorităţi naţionale sau ca un drept colectiv
al unei minorităţi naţionale.”
The
English translation of the falsified text: Nothing
in this protocol may be construed as limiting or restricting an individual
right of persons belonging to a national minority or as a collective right of a
national minority.
The
official Romanian version of the same text: "Nici
una din dispoziţiile acestui protocol nu poate fi interpretată ca o limitare
sau restrângere a unui drept individual al persoanelor aparţinând unei minorităţi
naţionale, sau a unui drept colectiv al unei minorităţi naţionale cuprins în
legislaţia statului contractant sau într-un acord internaţional la care acest
stat este parte".
The
original English version: Nothing in this
protocol may be construed as limiting or restricting an individual right of
persons belonging to a national minority or a collective right of a national
minority embodied in the legislation of the contracting state or in an
international agreement to which that state is a party.
Nincsenek megjegyzések:
Megjegyzés küldése