[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Extensions of Remarks]
[Page 10775]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        TAKING STOCK IN ROMANIA

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                         Wednesday, May 7, 2003

  Mr. SMITH of New Jersey. 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 
Romania's 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 as ``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and investigative journalism and should be repealed.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, Romania's 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 claims from the government's own records.
  Further, I am disappointed by the ineffective and inadequate attempts 
of the Romanian Government to register the Jehovah's 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 Romania's 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 Jehovah's 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 Antonescu's 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.

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