Preamble

The undersigned, parliamentary representatives and elected local government officials in the Szekler Land (Transylvania, Romania), in full awareness of our responsibilities concerning the prosperity of our region and community, intend through this Memorandum to call all those issues to the attention of public opinion both in Romania and the European Union, which hinder the organic development of Szekler Land. At the same time, these issues endanger the survival and welfare of the Hungarians as national community, who have been living in this particular region accounting for the absolute majority population for centuries.

The historical Szekler Land geographically takes a center position in Romania. It is 12,000 square kilometers and almost one million people inhabit it, three-quarters of which are Hungarians. Although throughout history it emerges as a unified region from the specific geographical, historical, economic, cultural, and political points of view, in the 20th century it underwent major changes. The entire territory of Harghita County and Covasna County has been chopped up. This region, as well as, part of Mures County is inhabited by the Szeklers, while some other Hungarian settlements were excluded from these counties. The Szekler society organized itself into the so-called “Szekler Seats” starting from the 1200s. It included Marosszék, Udvarhelyszék, Csíkszék, Gyergyószék, Kászonok, Sepsiszék, Kézdiszék, Orbaiszék and Bardocz-Miklósvárszék; all these belonging to the aforementioned region. Similar to the Transylvanian Saxon Seats, the autonomy of the Szekler Seats functioned as a local territorial government with an administration of its own, specific social and economic structure, well-defined laws and a patent status.

Though the system of the Seats had been discontinued, and a half century-long communist totalitarian regime exerted an emphatic oppression on the region, the emblematic Szekler identity has not been broken and the endeavours for autonomy of the endless lines of generations have not been quenched. Today, according to the European international law, an opportunity arises, which can secure special legal status for Szekler Land. The determination to do away with the Szekler identity, however, still lingers on either in straightforward or concealed political machinations.

Since the change of regime in 1989, the Hungarian national community in Romania has continuously been fighting for achieving complete equal rights similar to those the Romanian majority enjoys. Our means have always been democratic and exclusively legal.

The leaders of the Hungarian community consider that a solution should be reached in anchoring the lawful means of community autonomy based on the principle of regional autonomy. The most important steps of the process of reaching autonomy in the last 20 years of slow democratisation are the following:

• Since its foundation in 1990, the Democratic Alliance of Hungarians in Romania (DAHR), the political party representing the Hungarian community in the Romanian legislation, expressed the Hungarian claim for autonomy, as well as, the legal forms of this state and the various types of community self-government. The Kolozsvar / Cluj Napoca Declaration is the concretization of this demand (24 October 1992).
• On the occasion of Romania’s accession in the Council of Europe (26 August 1993) the DAHR presented a memorandum to the Council of Europe Parliamentary Assembly, wherein the party repeatedly declared the lawful right of the Hungarian community in Romania to self-governance and requested the acknowledgment of Hungarians as state founders. On this occasion, a Council of Europe Recommendation was compiled (No. 176/1993), which Romania pledged full responsibility for. Nonetheless, the creation of a legal framework designed for the social institution in charge of organizing the autonomy has been ignored ever since.
• In autumn 1993 (November 14), the DAHR passed its bill on national minorities and autonomous communities. In it, the model of the three-level self-government is defined; namely the cultural one, for settlements of specific status and the third one, the territorial autonomy. The Romanian majority in the legislative body overrules the bill justifying their vote with the unconstitutional character of the document.
• During the amendment of the Romanian Constitution (2003), the legislation to include the rights of minorities to cultural and territorial autonomy remained unsuccessful.
• The Hungarian National Council of Transylvania (HNCT) is a public and political organization that was founded on 15 December 2003, in order to represent the forms of autonomy for the Hungarian community to achieve widespread social support.
• The Romanian Parliament rejected the ‘statute’ draft on territorial autonomy designed for Szekler Land declaring it unconstitutional (2004). A second rejection was the reaction to the bill submitted in the following parliamentary session (2005).
• The DAHR compiled the bill on the Legal Status of National Minorities (2004) which was acclaimed even by the Venice Commission. The Romanian government passed the bill, which at the same time outlined the legal framework for cultural autonomy for minority communities. Later on, the bill was submitted to the Parliament (2005). Once received, due to the commissions’ ‘work’ on the bill, the document review came to a deadlock and no report has been filed on it ever since.
• Thirty Szekler local governments initiated a regional referendum pertaining to joining the administrative territory of Szekler Land with specific political status. The resolutions on the announcement of the day of the referendum were nullified one-by-one, by the prefects (2006-2007).
• In 2007, there were more than 210,000 Szekler electors who voted ‘yes’ to territorial autonomy of Szekler Land.
• Due to the last few years’ parliamentary and governmental work, education in the Hungarian language took root and the use of the Hungarian mother tongue spread within the local administration. Although there is legal framework for the use of one’s first language in the judicial system, judges make this impossible at several places.

The most significant objective for the upcoming years will be the formation of collective rights and their implementation.

The present memorandum aims at taking another resolute step in achieving this process. It highlights that the Hungarian community of one and one-half million souls living in Romania, and the Szeklers (or Szekelys), who form part of the aforementioned minority, yet are an absolute regional majority population in Szekler Land, are not willing to renounce either their native soil, nor their specific community identity.

Problems in Szekler Land – factors endangering the regional organic development and the specific identity of its inhabitants

20 years after the change of regime, which implied the implementation of democracy and the social institutions of a constitutional state, there are still numerous factors hindering the economic, social, and political blossoming of Szekler Land and the emancipation of its inhabitants.

Official delimitations in the use of the mother tongue

Although the laws in effect enable the use of the first language for minorities in the various areas of the public sphere, the mother tongue of the Hungarians accounting for the majority population in the Szekler Land is still considered second-class. Here are some random examples:

• Official documents published by state authorities (such as local governments and educational institutions) are solely written in Romanian.
• In the so-called ‘de-concentrated institutions’ of central administration, clerks speak only Romanian.

The postponement of the decentralization of administration is the direct follow up to the principle of ‘the central national state’.

Romania’s administrative system is still unduly centralized. In the case of several public services, for instance education, employment, social benefits, public order, control over economic activities, the lion’s share of the administrative jurisdiction is not in the hands of the elected bodies, but the de-concentrated institutions led by executives who were appointed by the state. In their approved resolutions and management practices, these high-level executives and officials represent state interests and implement them even if they work against local interests.

Disproportionate ethnic representation at the regional branch-offices of the central administration

The Romanian national state interest can best be observed in the case of appointing executives formerly belonging to de-concentrated institutions. While the proportion of the Hungarian community in the region is 80%, the ratio of appointed Hungarian executives is less than 20%.

Discrimination in economy and state budget

It can be proved that when the DAHR is part of the coalition government; the financial support and budget allocations for the Szekler counties increase. Once, however, the DAHR party is the opposition of the Romanian government, which has been the case for several decades, budget allocations are vetoed and reduced, understating the equitable economic Szekler Land share. Further, the Szekler cultural and social institution system is poorly financed. In addition, the budget allocations for investments in process continue to steadily diminish.

The retardation of the infrastructure development

Szekler Land’s deliberately poor paced infrastructure development or in some cases their entire neglect creates social hardship. In contrast, the country’s other regions, especially Moldova or the southern part of Romania enjoy aggressive development. According to the traditional political practice, the state budget allocations for infrastructural development are designed exclusively as a reward for “correct” political behavior, while their reduction or elimination implies punishment for “incorrect” political behavior, as determined by local officials. The newly formed government in 2008 promised emphatic attention to the development of Szekler Land, as part of their own publicity. As a result of the DAHR’s presence in the coalition, infrastructural innovations of great number have been initiated. The rhythm gradually slowed down to the point, where their continuation was doubted.

The exploitation and the sell of natural resources belong to state monopoly

Generally, the exploitation of natural resources in Romania is in the hands of the state monopoly. In the case of the Szekler strategic reserves, first and foremost salt and mineral water, state intervention has ethnic connotations, taking into account the specific situation. In addition, the exploitation of natural resources is under state control and, as such, it entirely neglects local interests. All the ambiguous regulations and laws render the accomplishment of real investments more difficult for the owners. Simultaneously, the exploitation duty will be part of state budget. The situation pertaining to forestry is not much better either. State control characterizes this branch too: the labor of private forestry’s gets hindered through bureaucratic means.

Issues of environmental protection

Szekler Land is again defenseless before the state, since the protection of the environment and monitoring the potentially hazardous activities is not in the jurisdiction of the elected bodies, but the ones appointed and controlled by the state. This environmental protection practice, which often goes against regional interests, has a negative impact not only upon the quality of life, but, in the long run, it exerts a pernicious effect on the beneficial economic branches of Szekler Land, namely tourism and logging.

The return of confiscated private properties is overdue

Though the process of restituting the real estates confiscated by the communist regime remains on hold throughout the whole country, its ‘practice’ in the Szekler Land is fairly suggestive, especially when it comes to the former assets of the historical Hungarian churches and the so-called Csiki Private Property.

The communist regime seized 2,140 properties from the historical Transylvanian churches. Without the return of the illegally confiscated sites and facilities belonging to the four historical religious denominations, the Roman Catholic, Reformed, Lutheran and Unitarian, the churches cannot fulfill the spiritual and charitable work that they undertook for many centuries in order to preserve the Hungarian community in Transylvania and support its prosperity. Laws of restitution were passed a decade ago. Still, more than one-third of the former assets of the Hungarian churches in Szekler Land have not been rightfully returned. Furthermore, the compensation for the value-in-kind has not been initiated either.

The lack of a Hungarian university

After the change of regime, the Hungarian community, several times expressed its unwavering intent to re-establish the Bolyai University, the existence of which came into question, during the communist era. The Hungarian political body of representation compiled numerous official statements, communiques, bills, and orders. In order to secure education in the mother tongue, the DAHR proposed a bill of education which was signed by 500.000 Romanian civilians of Hungarian origin, at the party’s initiative. This bill was later submitted to the Romanian Parliament, which, however, overruled it. Only in 1999 did the DAHR succeed in passing some major rulings of the education bill in the Parliament. However, since these were only for the re-establishment of the Hungarian university, they could not be carried out, elsewhere. Despite the human rights guaranteed by the Constitution and the education law, the international treaties signed by Romania and its European Union membership, not a single tangible arrangement was put into effect for the implementation of this request. The establishment of an independent Hungarian university is supported by the fact that 6,6% of the Romanian population is Hungarian, while the number of the Hungarian students is only 4,4%. It is also a disadvantage that the faculties dealing with the most important branches of economy (polytechnic and agriculture) are not taught in their mother tongue. The justness of the Hungarian request is highlighted by the positive European practice: the Swedes in Finland, the Lapplanders in Norway, the Gagauz in Moldova, the Albanians in Macedonia all have one or more universities of their own. The re-establishment of an independent Hungarian university for the Szekler Land is quintessential, since the multi-centered structure designed for mass education would remain consistent with higher education.

The hazard and practice of artificial change in ethnic proportions

Although the Convention for the Protection of National Minorities ratified by Romania prohibits the artificial change in the ethnic composition of those regions, where minorities live in significant numbers, in the case of Szekler Land, the totalitarian practice and policy continues decades later. The fact that “the Romanian majority” lives in a minority region (Szekler Land), remains incomprehensible for a layer of Romanian politicians. For them, it is incompatible with the idea of a national state. This fact is clearly proven by the example of the DAHR opposing the Romanian Parliament and the number of Hungarian civil servants being reduced. Today, contrary to ethnic proportions, the Hungarian representation in official institutions is less than the number of Romanian.

Legal solution for problems: granting territorial autonomy for Szekler Land, thus transforming it into an independent development region with specific legal status

The major obstacle of the Szekler Land’s organic development, as well as, its most important impediment that blocks the experience of regional and national identity and its preservation, is the historical desire to centralize; a characteristic of the Romanian administration.

The solution for the aforementioned difficulties is the consistent implementation of the European traditions of subsidiary and self-government. In other words, taking into account the region’s geographical, political, historical, economic and social characteristics, as well as, the cultural and national distinctness of the majority living here, the sole key should be granting autonomy to Szekler Land, a specific administrative and organizational political design.

The community autonomy of a minority is generally defined as the territorial form of self government of a historical region, where a community within a state lives in smaller absolute numbers. Nonetheless, it constitutes an indigenous majority in the proper region that is their homeland. The implementation of autonomy led to the normalization of the majority-minority relations in the European administrative system of states, regions, and national communities (see Resolution 1334 (2003) based upon the Gross Report compiled by the European Council).

Szekler Land complies with the criteria of an autonomous administrative region both from an economic perspective and its historical-geographical distinctiveness. These traits are embedded with a community awareness that is politically and regionally defined.

A state’s territorial and administrative organization pertains to home affairs. Nevertheless, respect shown to the European Union citizens’ human and community rights, including the protection of self identity, self-governance, and the right to autonomy within a state, is an issue that concerns the EU from the perspectives of human rights, stability, and security policy.

A specific administrative and legal status

Szekler Land’s citizens claim a region defined by a specific legal status for themselves, which, on the one hand, is safeguarded by the Constitution, and, on the other hand, where resolutions concerning their everyday existence are passed on a local level by such bodies that have been appointed, by democratic elections organized by the inhabitants of the region.

The criteria for justifying specific regional administrative legal status claimed by the Szekelys include the following:

• Szekler Land should become a single, unified administrative entity (i.e., an autonomous administrative region based upon Szekler Land’s organic development accomplished throughout centuries).
• The region should have its own decision-making and executive bodies established, after democratic elections organized by its citizens. These officers would fulfill the role of administrative authorities, by exerting their power by the demand of the voters. In addition, they would operate within the state’s administrative system, but would not function in parallel with the latter.
• These bodies would exercise their jurisdictional decision-making authority, as enumerated by the law in force per the legal status of the region. Only based on these types of jurisdiction can one properly and legitimately remedy the difficulties summed up in the previous chapter. In other words, only these independent authorities can take into account local interests in issues pertaining to education, preserving traditions and national monuments, society and employment, exploitation of and processing natural resources, environmental protection, and public order.
• The free use of one’s mother tongue in private life and the public sphere is a collective right, which protects national identity and warrants that it will be passed on to the succeeding generations. It is a common European practice, which was assessed even by the European Charter for Regional or Minority Languages, to pronounce the language of the community which forms the majority in a particular region (though they live as a minority in a state) an official regional language.
• The use of Hungarian national symbols, as well as, the free usage of the Szeklers’ specific emblems is also an integral part of the national and regional identity, as is the mother tongue.
• The extra expenses which result from multiculturalism and the specific legal state presumes that the lion’s share of the generated taxes and dues shall remain within the region. The broader economic independence and larger budget are one of the most important conditions of territorial autonomy.

Szekler Land, seen as independent development region

The development regions created in 1998, by neglecting economic, geographical, environmental, cultural and historical perspectives, do not promote economic and social progress, and higher employment. Furthermore, they do not achieve a balanced and sustainable growth either. Data on the utilization of the pre-accession funds and programs (e.g., PHARE, SAPARD, and ISPA) show that in these artificially created development regions the more developed and populated counties procure the greatest share of capital, while the smaller and poorer counties remain disadvantaged.

The operation of regional institutions in charge of creating developmental policy is heavy-handed and bureaucratic. They submissively execute the orders of the state. The particular agency offices do not adopt either the principle of partnership or subsidiarity. That is the reason why the local governments representing the interests of the primary party (i.e., the local community) seeking development funds become more vulnerable and defenseless. For covering the requisites designed for collecting funds which task later will be given to local communities and local governments, it is imperative that the competences of the particular developmental agencies should be reconsidered based on territorial geography in the near future.

For the prosperity of Szekler Land, it is crucial that both the development regions and their institutions should thoroughly be reconstituted and reorganized.

At the present moment, the administrative units (Mures, Harghita and Covasna) forming Szekler Land belong to the Central Development Region, along with three other counties (Brasov, Sibiu, and Alba Iulia). Thus, the Hungarian local governments’ efficiency and executive power are severely restricted. Subsequently, this state of affairs and the ensuing executive orders exert undue influence over the Hungarian community. It is telling that Alba Iulia county, which does not have direct charge over the daily activities of those counties that belong to its jurisdiction, hosts the governmental body in charge of distributing the European community development funds and choosing the programs deemed worthy of funding.

Szekler Land confirms all the criteria of an independent development region. In addition, it fulfills all of the EU’s specifications regarding this matter. The aspects demanded by the EU, thrift and efficient use of development funds to be more precise, will essentially modify the terms and conditions defining the development regions. Szekler Land’s elected officials upon the initiation of an independent Szekler development region propose nothing else but the acknowledgment of the borders defining the organically developed regions and the appropriate modification of the social institutions in charge of the region’s development.

About the Romanians’ rights in Szekler Land

From a political point of view and inter-ethnic peace, the situation of those Romanians who are living in the region as a minority, still, on the larger scale, form the majority within the state, is a delicate issue. This sets the standard for the democratic organization of an administrative region with specific status. The matter can reassuringly be settled only by securing equal rights and paying emphatic attention to the situation of the Romanian community.

Summary

The Hungarian community of Szekler Land, during the last 20 years, expressed its resolute claim for the creation of territorial autonomy by law, which would warrant the special legal status of the region. Their efforts have always been democratic, peaceful, and lawful: political manifestos, petitions, memorandums, and bills.

We, Szekler Land’s elected local government officials, express the following once more: the sole legal guarantee for our community and the future of our region is Szekler Land’s territorial autonomy.

We, in full awareness of our responsibility for the Hungarian community’s past, present, and future, resolutely claim self-governance, and take a firm stand in achieving our goals by using every single legal means.