Extension of Remarks
The Honorable Christopher H. Smith
May 7, 2003
TAKING STOCK IN ROMANIA
Mr. Speaker, I rise today to discuss the consolidation of democracy in
Romania. As Co-Chairman of the Commission on Security and Cooperation in
Europe the Helsinki Commission I have followed events in Romania for
many years. The Romanian people have survived the repression of a brutal
communist dictatorship and, in the years since the fall of that regime,
have made great strides in building democratic institutions and the rule
of law. However, much remains to be done to overcome the legacy of the
past.
Romania is a good friend and strong ally of the United States. I
appreciate and thank the Government of Romania for its steadfast support
of Operation Enduring Freedom in Afghanistan, where a battalion serves on
the ground, and for its support of the U.S.-led military action in Iraq.
Romania has been offered the much sought after admission to NATO, and
today the Senate began debate on the Protocols of Accession. Romania is
also an accession candidate to the EU.
It is in the spirit of friendship that I continue to follow the human
rights issues there, based on a belief that Romania will be a stronger
democracy, and therefore a stronger partner, when respect for human rights
is strengthened. Frankly, I am concerned that, following Romanias
invitation to join NATO, the reform momentum in Bucharest may have
dissipated.
Mr. Speaker, I believe that there is no greater barometer of democracy
than free speech and freedom of the press. While there is no doubt that
the Romanian people have access to a broad range of print and electronic
media, 13 years after the fall of Ceausescu, Romanian law still includes
communist-era criminal defamation provisions which impose prison terms for
offenses such insult or offense against authority. These laws cause a
chilling effect on independent and investigative journalism and should be
repealed.
Today, I received a letter from Foreign Minister Geoana, informing me that
a new draft Penal Code would do exactly that. This is encouraging news,
and I will follow this process closely with the hope that articles 205,
206, 236, 236 (1), 238, and 239 of the Romanian Penal Code will actually
be repealed and not just modified.
Mr. Speaker, there is no international requirement that countries must
make property restitution or provide compensation for confiscated
properties. However, if a legal process for property restitution or
compensation is established, international law requires that it be
nondiscriminatory and be implemented under the rule of law. Property
restitution in Romania since the fall of communism has been slow and
ineffective, and the laws which the government has enacted to address the
problem lack transparency, are complex, and have not been effectively
implemented.
Restitution of communal property for example, churches or synagogues is
especially difficult. In 1948, Romanias communist government banned the
Greek Catholic (Uniate) Church and ordered the incorporation of the Greek
Catholic Church into the Orthodox Church. More than 2,500 churches and
other buildings seized from the Uniates were given to Orthodox parishes.
The government decree that dismantled the Greek Catholic Church was
abrogated in 1989, however, of the thousands of properties confiscated
from Greek Catholics, fewer than 200 have been returned nearly 15 years
later. The status of thousands of properties belonging to the historic
Hungarian faiths (Roman Catholic, Reformed, Lutheran and Unitarian), and
the Jewish community, as well as other non-traditional religions has not
been resolved, despite the enactment of a communal property restitution
law in July of 2002.
The restitution of private property in Romania is equally as murky. In
February 2001, the Romanian Parliament enacted Law 10/2001, the express
purpose of which, according to Article 1 (1) of the Law, is to make
restitution in-kind of nationalized real property and, whenever such
in-kind restitution is not possible, to make restitution in an equivalent
consisting of cash for residential properties and vouchers to be used in
exchange for shares of state-owned companies or services. This clearly
stated principle has been undermined by so many exceptions that it
becomes virtually meaningless. Those claimants who have overcome the
numerous exceptions contained in the law have then been stymied by
government recalcitrance when they have attempted to obtain the necessary
documentation to support their claims. Many title deeds were purposely
destroyed by the former communist regime. State archives, having been
deluged with a significant volume of requests, complicate the process with
chronic bureaucratic delays in processing property records, and seeming
indifference to the urgency of those requests. The Government of Romania
cannot expect claimants to file within prescribed deadlines, and then not
provide them with the means to obtain the proof of their clams from the
governments own records.
Further, I am disappointed by the ineffective and inadequate attempts of
the Romanian Government to register the Jehovahs Witnesses as an official
religion. The inability of the government to make this happen is a
serious concern, as it is more than an issue of legal personality, but
also of rule of law, religious freedom and discrimination. In October
2001, I received personal assurances from Foreign Minister Geoana that
this longstanding matter would be resolved; it has not despite a ruling by
Romanias highest court dating back to 2000. The Ministry of Culture and
Religious Affairs seemed to provide a fix in October of last year, but it
proved faulty and failed to bring closure to this matter. Mr. Speaker, I
urge the competent Romanian authorities to remove this issue from the
agenda by facilitating the recognition of the Jehovahs Witnesses as an
official religion without further delay.
Another matter which I hope the Government of Romania will bring to
closure is the rehabilitation and honoring of World War II dictator,
Marshall Ion Antonescu, Hitler ally and war criminal condemned for the
mass murder of Jews. Last year government officials publicly condemned
efforts to honor Antonescu and removed from public land three statues that
had been erected in his honor. One statue remains on public land in
Jilava, the site of Antonescus execution, and important streets in the
cities of Timisoara and Oradea continue to be named after him. I urge the
Government of Romania to remove these remaining vestiges honoring the
former dictator.
Finally, Mr. Speaker, I want to express my continuing concern about the
Romani minority in Romania. I appreciate that Romania was the first
country in Central Europe to adopt comprehensive anti-discrimination
legislation. This was an extremely important and positive step. But
there appears to be a rising tide of intolerance against Roma, manifested
by scapegoating of Roma in the media and in the statements of some public
officials. In all likelihood, this climate contributed to the tragic
events in Buhusi last December, when a number of Roma were shot during a
police raid, including a 14-year-old boy who was reportedly shot in the
back. I hope the Romanian Government will play a leadership role in
countering prejudice against Roma and will continue to implement programs
to address discrimination against them.
Protection and promotion of fundamental freedoms and human rights, as well
as commitment to the Helsinki Final Act and respect for Organization for
Security and Cooperation in Europe norms and principles, are requirements
for NATO membership. As a participating State of the OSCE, and as a
candidate for admission to NATO, Romania has made that commitment. It is
my hope, Mr. Speaker, that the Government of Romania will use this
opportunity to strengthen its democracy, not retreat from it.
Thank you, Mr. Speaker.
