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C a s e   S t u d y   o n   R a c i  a l   D i s c r i m i n a t i o n
in Mureş County, Romania

Pro Europa League
Human Rights Office
 TÓrgu-Mureş
Piaţa Trandafirilor nr. 5, et. III.
P.O. Box: 1-154
Tel./Fax: 40-265-250182
www.proeuropa.ro
office@proeuropa.ro

Prepared by: Haller IstvŠn
 
Realised by the support of the Council of Europe
  
CONTENTS
Abstract

1. Background
    1.1. Geographic situation
    1.2. Demographic structure of Mureş County and city of TÓrgu-Mureş
    1.3. Political situation
    1.4. Major ethnic and religious conflicts in Mureş County after December 1989
        1.4.1. Conflicts between Roma and non-Roma
        1.4.2. Conflicts between Romanians and Hungarians
        1.4.3. Conflicts between Orthodox and Greek Catholic communities
2. Case study of the PEL�s Human Rights Office
    2.1. Equality in education
    2.2. Equal access to social services, jobs and public places
    2.3. Equal treatment before tribunals, by law enforcement officials and in prison
3. Sociological research on discrimination
    3.1. Discussions with experts
        3.1.1. Equality in education
        3.1.2. Equal access to social services, jobs and public places
        3.1.3. Equal treatment before tribunals, by law enforcement officials, in prison
    3.2. Method used
        3.2.1. Questionnaires
        3.2.2. Interviews
        3.2.3. Statistics
    3.3. Results of the research
        3.3.1. Equality in education
          Mureş County School Inspectorate
           Teachers
           Romanian community of TÓrgu-Mureş
          Hungarian community of TÓrgu-Mureş
           Valea Rece Roma community
           Dealului Street Roma community
          Hungarian community from TÓrnăveni
          German community from Sighişoara
        3.3.2. Equal access to social services, jobs and public places
          Mureş County Prefecture
          Mureş County Council
          Mureş County Agency for Workplaces
          TÓrgu-Mureş Territorial Labour Inspectorate
          Mureş Labour and Social Solidarity Department
           Mayor's Office of TÓrgu-Mureş
          Romanian community of TÓrgu-Mureş
          Hungarian community of TÓrgu-Mureş
           Dealului Street Roma community
           Valea Rece Roma community
           Other Roma communities
           Mayor�s Office of TÓrnăveni
          Hungarian community from TÓrnăveni
           Mayor's Office of Sovata
        3.3.3. Equal treatment before tribunals, by law enforcement officials, in prison
           Prosecutor�s Office near TÓrgu-Mureş Justice Court
           Prosecutor�s Office near Mureş Tribunal
           TÓrgu-Mureş Justice Court
           The TÓrgu-Mureş Prison
           Hungarian community of TÓrgu-Mureş
           Dealului Street Roma community
           Valea Rece Roma community
           Jewish community
          Hungarian community from TÓrnăveni
           Hungarian community from Sovata
          German community from Sighişoara
4. Summary of results
    4.1. Situation in education
        4.1.1. Legislation and good practices
        4.1.2. Problems remaining
    4.2. Situation in the domain of equal access to public services
        4.2.1. Legislation and good practices
        4.2.2. Problems remaining
    4.3. Situation in the judicial system
        4.3.1. Legislation and good practices
        4.3.2. Problems remaining
5. Conclusions
6. Recommendations

Annex 1. Demographic structure of Mureş county and city of TÓrgu-Mureş, other relevant statistics
Annex 2. Votes obtained by political parties and minority organisations in 2000 elections
Annex 3. List of questioned institutions and communities
Annex 4. Relevant legislative provisions

Abstract

The study, made in the framework of the Case study and Awareness Raising Project on Racial Discrimination in Mureş County, Romania (1 March - 31 May 2003), financed by the Council of Europe, is a part of the Non-Discrimination Review project, launched by Secretariat of the Framework Convention for the Protection of National Minorities.

Goals:
    � to assess the implementation of the national and international legislation on the prevention of racial discrimination at local level;
    � to inventory good practices and problems at local level;
    � to recommend measures to overcome racial discrimination, where identified.

Topics:

The Romanian Non-Discrimination Review country group experts, consulting an important number of experts in non-discrimination policies and minority representatives, decided to focus his activity on the fields of:
    � equality in education;
    � equal access to social services, jobs and public places;
    � equal treatment before tribunals, by law enforcement officials, in prison.

These three domains are also the topics of the study.

Target:

As target of the study, Mureş county has been selected because:
    � it is one of the most diversified regions of Romania by ethnicity, language and religion;
    � it has been in the past the scene for interethnic and interreligiouse conflicts;
    � the public discourse of officials and political parties goes in opposition with the legislative provisions.

The target ethnic groups are the Hungarians, the Roma, the Germans and the Jews.

Instruments of research:
    � statistics at national and local level;
    � interviews (50);
    � questionnairs (applied on 400 persons);
    � round table discussions (5);
    � field visits (6);
    � press monitoring (3 local and 2 regional newspapers, for a periode of 3 months).

Structure of the study:
� the first part (chapter 1 and 2) presents the background information (geographic situation, demographic structure, political situation, major ethnic and religious conflicts in Mureş county) and a case study of the PEL's Human Rights Office;

� the second part (chapter 3) is the sociological research on discrimination, realised in the three fields, using questionnaires, interviews and statistics;

� the third part (chapter 4, 5, 6) summarises the results of the research and presents the conclusions and recommendations;

� the fourth part (annexes) offers additional information for a better understanding of the situation.
Equality in education:

Legislation:
- by the Law on Education no. 151/1999,
� in each locality, if necessary, education in languages of national minorities must be provided in public school system (art. 8);
� persons belonging to national minorities have the right to study and receive instruction in their native language, at all levels and forms of education with appropriate request (art. 118);
- by ordinances of the Ministry of National Education and Research, special places should be offered for Roma students in highschools and universities.
Findings by the study:
- good practices:
� Hungarians have mother tongue education from kindergarten to university level;
� Germans have mother tongue education from kindergarten to highschool (until 12 grades)1;
� Romani language was introduced in curricula, according to possibilities;
� to prepare minority language teachers, special places are offered for minorities in several universities with pedagogical profile;
� for Roma youth, special places are offered in highschools, pedagogical schools and universities;
� the policy in the domain of minority education include also publishing of schoolbooks in minority languages;
� in the County School Inspectorate2 and school managing boards Hungarian, Roma and German teachers are present;
� measures to combat poverty and offering aid in the schoolsystem exists, they help to reduce school abandon.
- problems remaining:
� teachers are not familiar with the therms and phenomena connected to discrimination;
� laws regarding discrimination, use of mother tongue, minority education are not well knowen by teachers;
� the number of qualified teachers for minorities is low;
� in highschools, in several profiles, minority language education does not exists;
� in some fields, minority language schoolbooks does not exists;
� in school curricula the culture of minorities and intercultural dimension is almost absent;
� the multiculturalism in multilingual schools is not a general practice;
� feelings of minority teachers and students to be "second class citizens" is not taken in consideration;
� the evaluation procedure of teachers is based on obtained results without any connection to the social background of children;
� lack of experience of young teachers to work in Roma (or other disadvantaged) communities;
� the overload of those who choose for a minority language education;
� it need more measures to combat poverty and offering aid in the schoolsystem;
� seriouse direct and indirect discrimination of Roma children by not registering them in some schools, placing children in specially created classes for Roma, ignoring Roma children in the class, using public humiliation, transforming school for mentally retarded children in a Roma school.
- recommendations:
§ The National Council to Combat Discrimination should:
� inform school authorities that they must apply the non-discrimination legislation;
� offer training, in partnership with NGO's in the domain, for teachers, to know legislation, to understood the effects of discrimination and how to prevent it;
§ The Ministry of National Education and Research should:
� introduce in the school curricula more information regarding minorities in Romania (in history and geography textbooks), and also regarding the question of discrimination (in civic education textbooks);
� create an inventory of deficiencies in the area of minority language teaching, offering special places in universities where the number of minority teachers is not adequate;
� offer more special places for minorities in the field of law, to balance the lack of minority persons in the judicial system;
� develop the school curricula in a manner to not overload the students who learn in their mother tongue; teaching of the mother tongue and exams in the mother tongue should be not classified as extracurricular education;
� offer mother tongue education, where important minority communities exist, in every profile and domain;
� develop new strategies for evaluation of teachers, taking into consideration not only the results of children, but more the social background of children, to promote those who obtain results in educating disadvantaged communities and persons; this evaluation should have real effects in increasing salaries;
� avoid religious discrimination in schools recommending the controll of the equal representation of minority symbols in the public schools and preventing the transformation of state schools in places of Orthodox worship.
§ The County School Inspectorates should
� verify the multicultural and multilingual character of the schools, multiculturalism and multilingualism should be present not only in minority language classes, but also in the common spaces, such as corridors of the building or during different celebrations;
� intervene to prevent 'elite' state schools from excluding Roma students; any direct or indirect discrimination (including separation of students in Roma and non-Roma classes, if it is not on grounds of Romani language education) has to be stopped, with consequences for headmasters;
� the practice of special schools has to be revised;
� change the policies on nominating headmasters and assistant headmasters primarly from majority persons, in order to offer minority persons also the possibility of reaching high positions;
� to employ administrative staff familiar with minority languages.
§ The universities with graduates who will become teachers should
� introduce in curricula corresponding methodology to work in disadvantaged communities;
� organise practical exercises, pedagogical practice in this communities
� provide for multicultural courses.
Equal access to social services, jobs and public places

Legislation:
- Ordinance On Preventing and Sanctioning All Forms of Discrimination (as modified and approved by Law 48/2002) guarantees:
� the right to equal treatment before courts and any other jurisdictional bodies;
� economic, social and cultural rights;
� the right of access to all public places and services;
in the fields of:
� employment conditions, criteria and conditions of recruitment, selection and promotion, access to all forms and levels of professional orientation, professional training;
� social protection and social security;
� public services or other services, access to goods and facilities;
� the educational system;
� other fields of social life.
- by the Law 188/1999 on the Statute of Public Servants,
� in administrative-territorial units in which the percentage of persons belonging to a national minority is more than 20%, public servants in direct contact with citizens should also know the language of that national minority (art. 99);
- according to Local Public Administration Law, no. 215/2001,
� in administrative-territorial units in which the percentage of persons belonging to a national minority is more than 20%, the local public administration authorities have to use in the relations with minorities their mother tongue (art. 17);
� minority persons will receive the written answer to their problem both in Romanian and their mother tongue (art. 90);
� persons that speaks the minorities mother tongue should be hired in the public relations offices (art. 90);
- the Strategy of the Government of Romania for Improving the Condition of the Roma (issued in 2001) establish lines of action in the domains of:
� community development and administration;
� housing;
� social security;
� health care;
� economy;
� justice and public order;
� education;
- according to the Law on Guaranteed Minimal Income no. 416/2001
� every Romanian citizen, has the right to a guaranteed minimal income as a form of social aid.
Findings by the study:
- good practices:
� County Office for Roma was established and local experts in Roma affairs operate under some mayoralties;
� the Mureş County Office for Roma realised a number of studies to improve the condition of the Roma, which could be an important base for future policies;
� measures was taken in 2002 to solve the problem of identity cards for Roma;
� multilingualism started to be introduced in the work of local authorities.
- problems remaining:
� public servants are not familiar with the terms and phenomena connected to discrimination or minorities in general;
� public servants do not know the legislation in the domain of public administration, first of all provisions on use of minority languages;
� legislative measures on use of minority languages are not fully implemented;
� the structural discrimination in public administration is relevant;
� the knowledge of minority languages by public servants is not encouraged by administrative rewards (salary);
� existence of Roma experts in local authorities is not well knowen by public servants;
� unemployment among Roma is still very large, specific measures are not takren or are not efficient;
� the housing situation of Roma is critical, there is no strategy to solve the problem;
� legislation regarding social aid is not respected by governmental bodies;
� Roma are several times victims of direct discrimination, by refusal of free access in public places or to services;
- recommendations:
§ The National Council to Combat Discrimination should:
� inform local authorities that they must apply the non-discrimination legislation;
� offer training, in partnership with NGO's in the domain, for public servants, help them to know legislation, to understood the effects of discrimination and how to prevent it;
� open branches at the county or regional level and set up partnership with minority associations and NGOs active in the field of non-discrimination, to solve the various situations;
§ The Ministry on Public Administration should:
� find ways to make public servants interested in obtaining knowledge regarding minorities and discrimination (salary increase, etc);
� verify, from time to time, the knowledge of public servants in the area of specific legislation.
§ The Government and the local authorities should:
� allocate special funds in their budget to create normal living conditions for Roma communities;
� provide integrally the aids stipulated by laws for disadvantaged groups.
§ The local authorities should:
� create internal control bodies to verify the legality of different acts, in order to respect legislative measures on use of the mother tongue, implement special measures and combat discrimination
� report problems, needs or proposals for new special measures to the National Council to Combat Discrimination to find solutions at national level.
Equal treatment before tribunals, by law enforcement officials, in prison

Legislation
Romanian Constitution guarantees
� equality before law (art. 16)
� use of mother tongue during penal investigation and before tribunals by citizens belonging to national minorities, as well as persons who cannot understand or speak Romanian (art. 127).
Romanian Penal Code punishes
� the abuse in duty by restriction of rights (art. 247);
� nationalist chauvinistic propaganda (art. 317).
Emergency Ordinance to Prohibit Fascist, Racist or Xenophob Organisations and Promote of Personal Cult of those who are Guilty with some Crimes against Peace and Humanity no. 31/2002
� prohibit fascist, racist or xenophob organisations.
Law 48/202 On Preventing and Sanctioning All Forms of Discrimination
� punish all forms of discrimination, incuding racial discrimination.
By Law no. 178/1997 to Approval and Payment of Interpreters and Translators Used by Penal Investigation Authorities, Courts, Notaries Offices, Attorney and by Ministry of Justice
� the translation in Romanian during penal investigation and before tribunals has to be offered by authorised interpreters.
Strategy of the Government of Romania for Improving the Condition of the Roma (2001) prescribes
� the necessity of hiring citizens of Roma origin in the public order services and the police force.
Findings by the study
- good practices:
� it is expressed the need to hire minority persons in the judicial system;
� mother tongue, even in a limited way, is used during penal investigation and before tribunals;
- problems remaining:
� a jurisprudence on punishing abuse in duty by restriction of rights, nationalist chauvinistic propaganda, to prohibit fascist, racist or xenophob organisations also to promote of personal cult of those who are guilty with crimes against humanity, to punish all forms of discrimination, incuding racial discrimination, does not exists;
� the refuse to retrocede the community properties of ethnic or religious minorities, confiscated by the communist regime, creates suspitions among minority leaders regarding the implementation of the constitutional provisions regarding equality before laws;
� translations, even in penal cases, during investigation and trial, are offered by non-qualified persons;
� structural discrimination in the judicial system is substantial;
� there exist serious signes of direct discrimination of Roma, indicating that they become the first victims of law enforcement official abuses;
� the low number of prosecutors and judges creates the possibility for a situation in which prejudices could be more effective than clear evidences.
- recommendations:
§ The National Council to Combat Discrimination should:
� inform judiciar authorities regarding the application of the non-discrimination legislation;
� offer training, in partnership with NGO's in the domain, for police officers, prosecutors and judges, to understood the effects of discrimination in the society and the importance of punish it;
§ The Ministry of National Education and Research should:
� offer more special places for minorities in the field of law, to balance the lack of minority persons in the judicial system;
� provide for places and opportunities for translators in the field of legislation;
§ The Ministry of Interior should:
� find positive measures to increase the number of minority persons employed as police officers.
§ The Ministry of Justice should:
� review policies regarding the penal investigation, creating a larger structure of prosecutors and judges.
1. Background

1.1. Geographic situation

Situated in the central part of Romania, in the historical region of Transylvania, with 3 municipalities (TÓrgu-Mureş, the capital of the county, Sighişoara, Reghin), 4 towns (TÓrnăveni, Sovata, Luduş, Iernut), 90 communes and 487 villages, Mureş county has 6,696 km2.

1.2. Demographic structure of Mureş County and city of TÓrgu-Mureş

Mureş County is one of the most diversified regions of Romania by ethnicity and religion (see Annex 1).

A century ago, the region was under Austro-Hungarian rule, with a Hungarian majority population. This changed after the First World War, when Transylvania became part of the Romanian Kingdom. Gradually the percentage of Romanians increased. The changes of rule (Mureş region became a part of Hungary again between 1940-1944), the sensitive majority situation (the number of Romanians and Hungarians was almost equal, with a changing balance, in favour of Romanians after 1920 for Mureş county, but only in the last few years in the capital of the county, TÓrgu-Mureş) creates tensions between the two communities and a competition for political, economic and cultural dominance. Discrimination has been used as a tool in this competition. Other traditional communities, such as the Jews (affected by the Holocaust) and Germans (affected by the massive emigration due to the economical and political situation), almost disappeared. The most important Roma community in Romania was registered in Mureş County, but statistical data did not give a clear view regarding the real size of the Roma population. Because of an attitude based on historical stereotypes and fear, many of them (estimated to be as many as 2/3) did not recognise their ethnic background.

By religion, Romanians are first of all Orthodox and Greek Catholics3, Hungarians are Calvinist Reformed, Roman Catholics and Unitarians4, Germans are Lutherans and Jews are Mosaic. The religions of the Roma population generally follow that of the majority populations, but a high percentage of Roma are found in Neo-protestant (Adventist, Pentecostal) churches.

The national-communist regime that lasted almost a half-century, implemented severe assimilation policies. After the democratic changes in December 1989 there was hope for a substantial improvement of the minority rights. However, bloody interethnic crashes occured in early 1990, instrumentalized by the former beneficiaries of the communist regime. It has reactiveted tensions between Romanians and Hungarians. Despite the adoption by Romania of all relevant documents of minority protection, in the public policies and everyday life, discrimination on ethnic, linguistic, religious basis still exists.

1.3. Political situation

After the fall of the totalitarian regime, Romania had free multiparty elections in 1990, 1992, 1996 and 2000.

As a result of the last local elections, organised in June 2000, of the 41 seats on the County Council, the Democratic Alliance of Hungarians in Romania obtained 17, the Party of National Unity of Romanians 6, the Romanian Social Democratic Party 5, the Democratic Convention 4, the Great Romania Party 3, the National Liberal Party 2, the Alliance for Romania 2, the Democratic Party 2 (see Annex 2). A representative of the Democratic Alliance of Hungarians in Romania became the president of the County Council.

Since the Parliamentary election in November 2000, there are 9 Deputies from Mureş county (4 from Democratic Alliance of Hungarians in Romania, 2 from Romanian Social Democrat Party, 2 from Great Romania Party, 1 from National Liberal Party) and 4 Senators (2 from Democratic Alliance of Hungarians in Romania, 1 from Romanian Social Democrat Party, 1 from Great Romania Party).

1.4. Major ethnic and religious conflicts in Mureş County after December 1989

1.4.1. Conflicts between Roma and non-Roma

Reghin case

On 29 January 1990, after a scandal in a pub, 20-30 non-Roma people went to the street where the Roma where living. The non-Roma set on fire 5 Roma houses. The penal investigation of non-Roma ended without indictment. A ruling was made that it could be amnestied as a "revolutionary act"5. Four Roma, participants at the scandal in the pub, were sentenced to imprisonment between 6 months and 2 years for offences against morality.

Hădăreni case

After a Romanian young man was killed on 20 September 1993, in Hădăreni village by a Roma person, the angry non-Roma inhabitants lynched 3 Roma and set on fire 14 of their houses. Three Romanians were sentenced to 5 years imprisonment for homicide and were released after 3 years and 6 months. At this time, Roma victims did not obtain any civilian reparations.

1.4.2. Conflicts between Romanians and Hungarians

TÓrgu-Mureş case

On 19 March 1990 a group of Romanians, called on to come to TÓrgu-Mureş by obscure political forces from the Reghin region, devastated the local headquarters of the Democratic Alliance of Hungarians in Romania, injuring several persons who were in a meeting of DAHR6.

The next day, thousands of Hungarians gathered in the centre of the town, asking for punishment of the perpetrators. The same political forces called again the Romanians from the Reghin region. In the clash in the centre of the town of TÓrgu-Mureş dozens were injured and 4 people died. In a moment of the clash, Roma persons arrived helping the Hungarians.

After the events, 14 Hungarians were sentenced to imprisonment (between 6 months and 10 years) and 20 Roma (between 6 months and 1 year 6 month). No Romanian suffered condemnation to imprisonment.

1.4.3. Conflicts between Orthodox and Greek Catholic communities

In several villages the Greek Catholic churches, confiscated in 1948 by the communist state and transfered afterwards to the Orthodox Church, have not been restituted to the legal owners. In several cases, the Orthodox Church decided to transform or to demolish the old churches, some of whom are part of the national cultural heritage, and to build new ones. In Mureş County this happened in Valea Largă (the church, built in 1695, was destroyed in 1994) and Ungheni (a new church is now under construction around the church built in 1858, incorporating completely the old one).
 
 

2. Case study7 of the PEL�s Human Rights Office

2.1. Equality in education

Reported problems are:

    � discrimination of Roma
         - by sending Roma children to special schools (for pupils with mental illness);
         - by refusing equal treatment by teachers;
    � lower number of Hungarian classes in higher education;
    � non-equality in teaching religion in state schools.

Case of K. K.

In 1995 K. K. refused religious education because she considered that the curricula, prepared by the Roman Catholic Church8, is not in concordance with her faith. The school required K. K. to continue to follow the religious lessons.

Case of M. V. School

Children from M. V. School considered it discriminatory that in their school only the symbols of the Orthodox Church are present (side by side with the Romanian flag and the coat of arms of the nation). Minority church symbols are missing even in the classroom where religious education is offered for all denominations.

Case of L. B.

Ş. R., a Roma girl from H. village, did not obtain schoolbooks, because the number of schoolbooks available was lower than the number of students and the teacher claimed that Roma did not want to learn.

2.2. Equal access to social services, jobs and public places

Reported problems are:

    � high percentage of Roma jobless;
    � refusal of access to public places for Roma persons.

Case of B. restaurant

In 1995, the announcement in the window of B. restaurant read: "We do not serve loud and dirty Gypsies". In short time the announcement was changed: "We do not serve loud and dirty persons", but the practice was to refuse to serve any Roma persons.

Case of Roma from D.

Before 1989, almost all the adult Roma from D. had jobs. Now all of them are jobless. The people questioned stated that they lost their jobs because of their ethnicity. People with the same education level, who are non-Roma remain employed.

2.3. Equal treatment before tribunals, by law enforcement officials and in prison

Reported problems are:

    � police abuse against Roma persons;
    � severe sentences for Roma perpetrators;
    � refusal of prosecution if victims are Roma;
    � non equal-treatment of minority persons in judging cases.

Case of N.G.

N.G., Roma minor, was arrested and detained by police officers 5 days, without warrant. During this time, he was interrogated several times, without the presence of parents or a lawyer. N.G. maintained that he was beaten to recognise facts of a crime that was not committed by him. Finally he was found not guilty.

Case of judge V.O.

In two murder cases, committed under similar conditions (by a group, during a fight, with a difference of 10 days between the two events) judge V. O. has given very different sentences.

In the first case victims and perpetrators were Roma. One person died in the hospital (not from injuries but from pneumonia). Three perpetrators were sentenced to imprisonment between 12 and 16 years.

In the second case, the victims were Roma and the perpetrators were Romanian. Three Roma persons died. Four perpetrators were sentenced to imprisonment between 3 and 5 years.

In both sentences the ethnicity of victims and perpetrators is mentioned.

Case of judge G. S.

In a case where the houses of Roma were set on fire with all of their goods, persons were forced to live several years in the forest or in the houses of relatives. The judge decided not to offer moral damages. Motivating this decision, "this kind of event does not constitute a source of income, but jobs"; "moral reparations to civil parties who suffered material damages is not required to be offered".

3. Sociological research on discrimination

3.1. Discussions with experts

To find the best methodology for each domain, the PEL organised meetings with experts. After the three meetings with experts, one for each domain, another meeting was organised with sociologists.

3.1.1. Equality in education

At the meeting held on 11 March 20039, the following was proposed:

    � to obtain statistical data on

        - number of students by language of education;
        - number of teachers by language of teaching;
        - possibilities for higher education in mother tongue;
        - mono- and multilingual schools;
        - classes under regular number of students;
        - possibilities for transport of students;
        - special places for Roma students;
        - number of students leaving school prior to completion;
        - success in graduation exam after 8 classes, success of graduating with a bachelor�s degree;

    � to question teachers in the following schools: General School no. 10, Special School of TÓrgu-Mureş no. 1, General School of SÓnpaul, General School of Reghin no. 4, General School of Miercurea Nirajului, Joseph Haltrich High School.

    � questionnaires are to follow:

        - attitudes of teachers regarding minorities;
        - acceptance of mother tongue education;
        - acceptance of segregation;
        - acceptance of multiculturalism in the schools
        - acceptance of positive measures for marginalized groups.

3.1.2. Equal access to social services, jobs and public places

The following was proposed by the participants10 at the meeting held on 25 March 2003:

    � to monitor how the Strategy of the Government of Romania for improving the Roma's condition is implemented in Mureş County in the domain of social services;

    � to obtain statistical data on:

        - job possibilities;
        - unemployment situation;
        - type of reported problems, claims;

    � to question public servants in the Prefecture, County Council, mayor's offices in Mureş county, Mureş Labor and Social Solidarity Department, Territorial Labor Inspectorate, Mureş County Agency for Workplaces.

    � questionnaires will follow:

        - attitudes of public servants regarding minorities;
        - acceptance of use of mother tongue in relation to the population;
        - acceptance of positive measures for marginalized groups.

3.1.3. Equal treatment before tribunals, by law enforcement officials, in prison

Because of the absence of important invited persons, the meeting organised on 8 April 200311 did not fully achieve the expectations. In this situation, the expertise of the Human Rights Office was used to establish the priorities. In this instance, the questionnaires were designed to determine:

    - attitudes of police officers, prosecutors and judges regarding minorities;
    - use of the mother tongue during penal procedures;
    - jurisprudence on non-discrimination legislation.

3.2. Method used

3.2.1. Questionnaires

The research was completed � respecting the scientific criteria for representative questioning12 � in different institutions (list of institutions in Annex 3) and among citizens of TÓrgu-Mureş.

Citizens questioned (two Roma communities were selected; Valea Rece and Dealului Street, and citizens of TÓrgu-Mureş), responded to the following:

    - attitudes regarding minorities;
    - scholar situation (drop-outs, segregation possibilities, use of mother tongue, multiculturalism in education, experiences on discrimination);
    - attitude of authorities regarding minority persons (use of mother tongue, experiences of discrimination).

Persons detained at the TÓrgu-Mureş Penitentiary were selected as a special group to be questioned. The study sought to obtain information regarding use of the mother tongue during penal procedures and experiences of discrimination.

3.2.2. Interviews

To complete the questionnaires, interviews were completed in all institutions and fields involved in the research, following the same issues, but trying to obtain more information regarding cases, personal situations, opinions, feelings and possible recommendations for actions needed to improve the situation.

3.2.3. Statistics

Statistics were needed to compare with the obtained information and to follow positive measures and structural discrimination.

3.3. Results of the research

3.3.1. Equality in education

Access to the schools to complete the questionnaires was promised by Ştefan Someşan, inspector chief of Mureş County School Inspectorate, but further discussions and obtaining approval was obstructed by different excuses.

Mureş County School Inspectorate

In the corridors of this institution information is available only in Romanian.

By statistics, in school year 1996-1997, in Mureş county, the percentage of the students in Hungarian mother tongue education at different levels of education was: 37.4% (kindergarten), 33.0% (primary school), 33.4% (V-VIII grades), 26.0% (high school), 0% (professional education), 7.9% (post graduate), 6.1% (apprentice), 0% (foreman school). The German mother tongue education exists at the level of kindergarten (1.2% of pupils learned in German), primary school (1.2%), grades V-VIII (1.0%), high school (0.7%).

In school year 2002-2003, the same statistics show the following: the percentage of the students in Hungarian mother tongue education in kindergarten: 37.2%, primary school: 34.0%, V-VIII grades: 32.4%, high school: 26.4%, professional education: 18.6%, post graduate: 6.2%. Positive steps were taken in the domain of professional education. The German mother tongue education exists at the level of kindergarten (1.2% of pupils learned in German), primary school (1.1%), grades V-VIII (0.9%), high school (1.7%). The percentage of those who learn in high school in German increased, but by non-Germans. The number of students who learn Romani language: 24 (kindergarten), 913 (primary school, 3.4% of all students), 364 (grades V-VIII, 1.2%), 16 (high school). Number of students who learn in Romanian and chose to learn the Hungarian language is insignificant (28 in V-VIII grades and 8 in high schools).

For the school year 1997-199813, in high schools and professional schools, 38 places were offered, 15 of them only in Romanian, 22 in Romanian and Hungarian and 1 in Romanian and German. German education exists in the domains of mathematics-physics and language. Hungarian language education was not offered in the fields of administrative services, finance-accounting, trades, public alimentation-tourism, agriculture, and sanitation. Also Hungarian language education does not exist in form without attendance. Of 5620 places, 4585 were in the Romanian language (81.6%), 1005 in Hungarian (17.9%), 40 in German (0.7%)14. From 70 profiles, 20 (28.6%) are available in Romanian and Hungarian (two of them are also available in German), 46 only in Romanian (65.7%), 4 only in Hungarian (5.7%). In TÓrgu-Mureş, from 126 classes, 89 were in the Romanian language (70.6%), 27 in Hungarian (29.4%).

The primary classes enrolling fewer than the regular number of students are in the Hungarian language in 40% of the total classes, in German in 0.8%; for grades V-VIII, 31.7% are in Hungarian and 1.1% in German. The percentage of students learning in their mother tongue, as reported indicates that preferential treatment of neither majority nor minority students exist in creating classes enrolling fewer than the regular number of students.

The number of unqualified teachers is very high among minority language teachers. From 87 unqualified teachers in the kindergarten, 76 are for Hungarian language education (87.4%), from 97 unqualified schoolmistress�, 52 are for Hungarian language education (53.6%).

Among qualified teachers 34.0% are for Hungarian language education, among substitute teachers 20.5%, among unqualified teachers 36.3%.

In the field of teaching Romani language, in kindergarten there are 4 unqualified persons, at primary level 12 qualified and 19 unqualified persons (15 also teach grades V-VIII), at the high school level, there is 1 qualified teacher.

For German language education there are 11 qualified and 3 unqualified persons in kindergarten, 15 qualified and 5 unqualified persons in primary education, 25 qualified and 2 unqualified persons in V-VIII grades and 25 qualified persons in higher education.

Schools are monolingual Romanian (42.9%), monolingual Hungarian (22.3%), bilingual Romanian-Hungarian (26.5%), bilingual Romanian-Romani (3.9%), bilingual Romanian-German (2.1%) and bilingual Hungarian-Romani (2.1%).

The exam results obtained by Hungarians and Germans are slightly below the general results: after 8th grade final exams with 0.5% for Hungarian students and 1.8% for German students, bachelor�s degree with 1.7% for Hungarian students and 1.1% for German students.

Ştefan Someşan, inspector chief of Mureş County School Inspectorate declared that the administrative language in the schools is Romanian. Meetings of the council of teachers could be in Hungarian in Hungarian schools, by mutual agreement, but official papers could be completed only in Romanian.

At events like opening ceremonies or speech-day, Romanian and also Hungarian language is used. Multiculturalism in schools is generally respected, depending on the director of the schools. In two schools in the county, there exist lecture rooms for Orthodox religion classes, the future is to have ecumenical lecture rooms everywhere and lay teachers, not priests, to teach religion in the schools.

In the opening period, mayors were contacted to mobilise them to offer school supplies for children from disadvantaged groups.

The scholarship system does not offer real possibilities for poor families. The solution is to offer scholarships by communities, through mayor�s offices.

Some elite general schools have a policy to convince parents to not enrol children unless they are highly qualified.

The mechanism of opening new domains of education in high schools, including mother tongue education, begins with the expression of need by the schools. Schools try to protect the jobs of teachers, so do not agree to open new domains where new teachers have to be engaged.

Olga Markus, Roma inspector is the only person charged with problems of Roma education. She declared that from Mureş county 2 Roma are in Petru Maior University (students of public administration) one in the Medical University (not in special placement for Roma), 18 in Bucharest, students of CREDIS (to become instructors in Romani language). In high schools there is a Roma class with 16 students in the Mihai Eminescu Pedagogical High School, 12 others are learning (most of them studying the humanities) in high schools of the county. At the beginning some of the best high schools considered that it is not timely to offer special places for Roma students, because if they are not at the same level as other students, the other students could lose. Discussions were needed to explain the reasons for special placements. Other high schools understood the situation from the start.

In 25 schools, 23 persons teach the Romani language. There are 12 qualified schoolmistresses. It depends on the school directors to obtain workplaces for these Roma teachers. Some of the directors refuse to declare vacant places. Ogra and Band are positive examples, where important Roma communities exist and the directors needed Roma instructors and teachers.

The number of students leaving school prior to completion, fortunately decreased in the last year, as a result of the government program called "Croissant and Milk" (offering croissant and milk for every pupil between first and fourth grades). The primary reason for leaving school before completion is poverty. Several children need to work to help support their families. Another issue influencing this situation is that in traditional Roma families, because of early marriage, girls leave school after four grades, and boys after six or seven grades. Despite these problems, around 80% of Roma are finishing the obligatory 8 classes. In several traditional communities adults want to continue their studies, but funds to organise adult education are not adequate.

Discriminatory attitudes exist in educational institutions, but the problem could be managed by discussions. In some schools Roma are not allowed to attend. The explanation is that there are not enough places or classes. In several schools separate classes are formed for Roma (for example in village P. where the director refused to understand that this is a discrimination against Roma children). The most general form of discrimination is passive discrimination. Roma children are not given special consideration in the classroom by teachers. For the teachers, the children do not exist and they are not asked.

A high number of Roma attend Special School no. 1, for mentally retarded children. (Almost 90% of the students are Roma). The explanation is that some Roma children have learning difficulties. Some parents send their children to this form of education believing it is easier, but it is also because of the lack of involvement by the teachers who are not willing to work with groups in a different way.

The future of Roma children depends very much on the personal involvement of the teachers. If they tried to help the disadvantaged children, offering a motivation to learn, very good results could be obtained. But it is almost impossible for a pupil from a poor Roma family, because of social gaps, to become an educated person.

Teachers

Interviews found that teachers are not familiar with the themes and phenomenons in the area of discrimination, and also that legislation is not known.

Romanian teachers refuse to consider that discrimination could happen in the education system. There are some difficulties in the field of education that also affect minority communities, but are not limited to minority communities. Few teachers considered that higher education in the mother tongue is an advantage for minorities, because without perfect Romanian language they will lose the chance to succeed in Romanian society. Regarding education in the Romani language, the majority of the interviewed teachers considered that it is useful, but there were also those who considered that it is not in the best interest of Roma children, because they have to be detached from Roma culture, otherwise they will remain self-marginalised.

Hungarian teachers considered that the Hungarian students are overloaded because they have more hours and exams than their collegues in Romanian language education (at the same time, Romanian students are not offered knowledge of the minority culture). In mixed (Romanian-Hungarian) schools, multiculturalism does not exist. Only in Hungarian classes are inscriptions in Hungarian and in different events organised in the schools, there are only in few cases where Hungarian language is used or Hungarian culture is present in dances or singing. In answer to the question if discrimination exists in schools, many Hungarian teachers considered that the practice in naming Romanian headmasters and Hungarian assistant headmasters, a general practice in Mureş county with few exceptions, creates the image that Hungarians must always be in second place. This feeling is strengthened by an other practices: Romanian classes are noted by the first letters of the alphabet (for example if there are two Romanian and two Hungarian classes, classes A and B are in Romanian, C and D are Hungarian). It was also mentioned that there is a lack of Hungarian teachers in many domains. Regarding Roma education, the same attitude was observed among Romanian teachers.

Roma teachers explain that they were helped, near the family, by very generous teachers. Without this help, they would be lost. In their careers they meet a lot of opposition to Romani language education or training, Roma teachers, (because by social integration some persons understand assimilation), and Romani language or Roma teachers are not offering this solution.

Teachers from TÓrgu-Mureş Special School no. 1 stated that more than 90% of students are Roma, and only around 25% of all the students are mentally handicapped. It is observed that among Roma dyslexia and dysgraphia is higher than among the general population, acalculia does not exist. Some students are categorised as having "modifications of behaviour", meaning aggressive attitudes. In this way the school for mentally retarded children became at the same time a school for Roma and a reformatory school. At the present time, the school has around 300 students. Last year a committee from Cluj found the 1/4 of the students were able to learn in other schools if sent through the normal education system. Those followed were unfortunately found to be completely lost in other schools, because of the carelessness of teachers in integrating them in the schools. Because other schools do not accept them, the system of special schools could become the way to offer minimum education for Roma children. In 8 classes the students are learning to read and write, also to use the basic mathematic operations. Parents are satisfied not only because it is easier for children to learn, but also because lunch is offered for every student. In primary classes after lunch education continues to help students learn (in normal education system this is not offered). Teachers of the school report that this education form is better for Roma than nothing.

Romanian community of TÓrgu-Mureş

As reported in 50 questionnaires, the first priority is to be nearby15 when selecting a school. 22% of those questioned did not have children, 54% select the nearest school, 24% select the school where teachers are well prepared. All school-aged children are students.

Education in the mother tongue is considered to be important: 98% considered that education in the mother tongue is an advantage to the students. The community is quite open to multiculturalism: 40% considered that more languages should be used during school celebrations, on posters and and in teaching aids, only 8% responded that other languages should not be used (62% reported that they are used during school celebrations � 12% that they are not used; 54% that they are used on posters and in teaching aids � 14% that they are not used). Regarding Hungarian language schools, the Romanian community is not so open to acceptance: 58% considered that Hungarian language schools are an obstacle to mutual understanding of Romanian and Hungarian communities, 20% considered that they are not.

Regarding Roma, the attitudes are different. 20% considered that it is good to avoid schools with Roma children, 60% that it is not good. 76% agree with special places for Roma students. If they are informed that their child is in the same class with a Roma child, 72.7% will speak with the child to accept the situation, 22.7% will ask to move the child to another class, 4.5% offered another answer ("my child will be not irritated in this situation").

Hungarian community of TÓrgu-Mureş

DŠnť KŠroly, expert on education of the Democratic Alliance of Hungarians in Romania reports that classes enrolling fewer than the regular number of students are created more frequently in the case of a Romanian class than in the case of a Hungarian class.

In the 8 grades the percentage of students who learn in the Romanian language is 68% (31% of those who learn in Hungarian), in the 9 grades, the figure is 74% (only 25% learn in Hungarian). After 8 grades, when students must choose different profiles, in some domains (for example in the agricultural domain) Hungarian language higher education does not exist, due to a vicious circle: students at grade 8 are given forms with the existing domains to choose classes for the next four years; because nobody chooses Hungarian language education in that particular domain (non-existent in the forms), it is considered that a need does not exist. Because the option for a profile is strong, for a large number of Hungarian students, learning in the mother tongue is not assured. Sometimes parents planning ahead for directing their child to a particular profile and finding that profile is not available in Hungarian education, send the child, beginning in the first grade, to Romanian language education so the child will not have problems later.

Subjects exist where there are not enough Hungarian language teachers, for example in the domain of computer science several Hungarian classes are learning in Romanian.

Until now the subjects for a bachelor�s degree were sent in Romanian, and locally were translated in Hungarian. This affected the students, because the quality of translations was not the same, and if it was not a problem in mathematics, it was in philosophy. Not every teacher is able to translate properly, every detail, a text from Hegel or other philosopher. This year the Ministry of Education promised centralised translation.

On different structural levels, in second place (assistant inspector chief, assistant headmaster) are Hungarians, but in their duties and responsibility for Hungarian language education in their institutions is not mentioned.

At the present time, there is a procedure to reduce the number of schools. Unfortunately, it appears that the schools that will be closed are where Hungarian language students are in the majority.

48 questionnaires reported, that the first priority in selecting a school is the quality of the teachers. 60.4% of those questioned did not have children16, 22.9% select the school where teachers are well prepared, 14.6% select the nearest school, 2.1% select a school for other reason ("because I like it"). All school-aged children are students.

Education in the mother tongue is considered to be important: 97.9% considered that education in the mother tongue is an advantage to the students. The community is open to multiculturalism: 89.6% considered that more languages should be used during school celebrations, on posters and in teaching aids (60.4% considered that they are used during school celebrations � 20.8% that they are not used; 62.5% that they are used on posters and in teaching aids � 16.7% that they are not used17). 52.1% considered that Hungarian language schools are not an obstacle in mutual knowledge of Romanian and Hungarian communities, but 31.5% considered that they are.

Regarding Roma, the attitudes are very different. 25.0% considered that it is good to avoid schools with Roma children, 37.5% that it is not good. 79.2% agree with special places for Roma students, 2,1% do not agree. If they are informed that their child is in the same class with a Roma child, 64.6% will speak with the child to accept the situation, 12.5% will ask to move the child to another class, 6.2% offered another answer ("I will speak with the Roma child to watch his behavior regarding my child"; "I will speak with my child to help the Roma child"; "it is a very normal situation").

31.2% expressed the opinion that their child was not a subject of discrimination, two persons considered that it was, only one for ethnic reasons ("the child�s Romanian language and literature in school books from grade 5 to 8 is identical with the school books of Romanian children").

During interviews, parents considered that in multilingual schools the minority children feel they are second class citizens. When they are in secondary positions in Romanian classes, many times there are conflicts between a Romanian child and a Hungarian child, Hungarian teachers tell students to not make complaints, to accept the situation, instead of solving the conflict. This wrong attitude of teahers affects the attitudes of students and at times they feel they are a victim of "Romanians", not simply a victim of other student�s attitudes. Ethnicity could become a source of conflict between classes18.

Valea Rece community

Lengyel Lazar, leader of the Valea Rece community, reports that Roma children are put in the last rows in the class all the time and teachers do not care what is happening to the Roma students. Parents can not help their children because many of them are illiterate. Several times Roma children received the most used books. In some schools Roma children are not accepted. In these conditions, several parents choose special school for their children.

Community children from Valea Rece are going to General School no. 18 and General School no. 10 (because these are close to the community and Roma are accepted, but with some difficulties), Special School no. 1 (not because they are retarded, but because there they are not humiliated and it is easy to finish the 8 grades). In General School no. 17 Roma students were called "Gypsy" by teachers, humiliating them in public (saying that they are stinking even if they are washed daily). For this reason, parents refused to send their children there.

The 20 questionnaires show the following:

    - mother tongue is important in education (90%, not important: 5%);
    - it is good to offer special places for Roma in high schools and universities (90%);
    - 15% considered that multiculturalism does not exist in schools, 10% considered that it exists;
    - the existence of multiculturalism in the schools was considered to be important (75%, 15% considered that it is not important).

55% of those questioned have school-aged children, from 26 school-aged children, 23 (88.5%) are students. All parents whose children are not in school declared that the cause is poverty. 14 are in Special School no.1 (61%), 2 in General School no. 10 (9%), 2 in special school for blind children (9%), 1 in General School no. 18 (4%). A school is selected because it offers a daily meal (80%), it is easy for pupils to learn (70%), because of illness (10%), it is the nearest (10%).

The mother tongue of the questioned persons was Hungarian (90%), Romani (30%), Romanian (20%)19. 35% do not speak Romanian, 10% Romani, 5% Hungarian. No one speaks international languages.

Level of education:

    15% without any education;
    20% 2-4 classes;
    45% 6-8 classes;
    20% 9-12 classes.

Many parents considered that at Special School no. 1 the children do not have any discrimination problems. One parent, with a pupil at the General School no. 1, considered that the teacher is very good. Another reported that her blind children are very well treated by teachers and there is also medical assistance.

Some discriminative actions were presented. Parents considered that at the different general schools Roma children are not helped to learn, and at home it is impossible for parents without education to help the children learn. Roma children are placed in the last row in the class, and teachers suggest that parents move their children to the special school. It was reported that a child started school at Special School no. 1, where he was considered to be too good and was sent to General School no. 10, but because of the indifference of teachers, the child did not succeed. In one case, parents told that their children were called "Gypsy" by teachers and in one case that teachers were good but other children had beaten her child and harrassed the child by calling the child "Gypsy".

Dealul Street Roma community20

The leader of the community, Balog Pťter, declared that 20-25 children are going to the General School no. 1 (the nearest school), 24 children to Rozmarin Center21 (because there children receive social aid and meals), around 10 children attend Special school no. 1 (because they have problems with learning). He does not claim major discrimination committed in schools.

Interviewed persons, among them children, considered that in their schools discrimination against Roma does not exist. A few times it was mentioned that some teachers did not use proper behaviour.

The 14 questionnaires show the following:

    - mother tongue is important in education (100%);
    - it is good to offer special places for Roma in high schools and universities (93%, one person totally disagreed);
    - people did not know exactly whether or not multiculturalism exists in schools (all parents were confused when answering questions regarding the language of school celebrations, posters, and teaching aids in the corridors of schools);
    - the existence of multiculturalism in the schools was considered to be important (100%).

50% of the questioned persons have school-aged children, of 16 school-aged children, 6 (37.5%) attend school. All parents of children not in school declared the cause was poverty. The school selected is the nearest (100%). One person declared that he will choose a school where social aid and a free meal is offered after next year. The mother tongue of the questioned persons was Hungarian (93%, only one has the Romanian mother tongue). Only 46% of Hungarian mother tongue persons speak Romanian, one person speaks Romani, one person speaks international languages; the Romanian mother tongue person speaks Hungarian.

Level of education:

    43% without any education;
    14% 4-5 classes;
    28% 8 classes;
    14% 10-11 classes.

No one claims discrimination.

Hungarian Community from TÓrnăveni

Kakassy SŠndor, district president of the Democratic Alliance of Hungarians in Romania, reports that students are guided to choose, after the 8th grade, a Romanian language high school education. At the 8th grade, Hungarian language education is offered for 8 classes, but only two continue in Hungarian at the 9th grade. In the high school, there are Hungarian language teachers only for Hungarian, mathematics, physics and geography. For other subjects the teachers are Romanian who do not speak Hungarian.

German Community from Sighişoara

According to Bruno FrŲhlich, leader of the German Lutheran Church from Sighişoara, in 1930 half of the population of the town was German. At the present time Sighisoara has 35,000 residents and approximately 1,000 are Germans, many of them living in mixed marriages with Hungarians and Romanians22. During the communist period Germans left Romania.

In the past Sighişoara was an important German education center, where teachers held Master's Degrees obtained in important German universities. Boarding schools were permitted to have students from all regions of Romania.

German language education is available from kindergarten (3 state and 2 private kindergartens) until high school (two classes). Several Romanian and Hungarian parents choose this form of education for their children. However in the classes there are not more than 1-2 students who are Germans.

Near Sighişoara, in Saschiz, MălÓncrav and Noul Săsesc there are important German communities and from these communities, students are transported by busses to Sighişoara. In two of these villages there are about 30 families who came from the former East Germany, to settle there.

Teachers also left Romania, and now there are not enough German language teachers in the domains of mathematics, physics and other subjects. At the present time, due to good relations with Germany, teachers from Germany are coming to Romania. German foundations offer their support to renovate the buildings.

3.3.2. Equal access to social services, jobs and public places

Mureş County Prefecture

In the corridors of the institution information is available only in Romanian. The website is in Romanian and English.

According to Cornel Brişcaru, director of the Prefect's cabinet, among 40 employees of the Prefecture, around 10-15 are Hungarians; 10-15 persons are working directly with the public, 75% of them know Hungarian. The Roma counselor, Nicolae Turcata is very appreciative because all of his proposals were accepted, and to him it was offered letters of sustainability or partnerships where needed.

Letters in Hungarian were sent by citizens in the last year to Mureş County Prefecture, to see if they would be accepted. After it was determined that the right to write letters in the mother tongue was respected, this year all of the letters were sent in Romanian.

It is reported that ethnic discrimination could not happen in the Prefecture. Several times petitions have been refused, not because the Prefecture is unable to solve the substance of the petition (for example a person asked to obtain a bass clarinet, because this was his dream from childhood). It happens that in these situations those filing complaints feel they have suffered discrimination because the situation was not resolved to their satisfaction when it is actually something that is not connected with the activity of the institution.

Positive discrimination is more dangerous than negative discrimination. Creating jobs for Roma or disco for Roma are actions promoting negative attitudes. Like in the USA, the target of positive measures has to be not ethnic groups, but disadvantaged groups, for example poor people, and indirectly this creates positive effects on Roma, who are poor.

Nicolae Turcata, the Roma counselor of the Prefect, reports that at the level of Mureş County a working group exists to evaluate the needs of the Roma community, formed by Mureş Police, Mureş County Agency for Workplaces, Department of Health, Mureş County Council, Mureş School Inspectorate, Mureş Prefecture, co-ordinated by the Prefecture; representing the Roma are members including the presidents of the Roma Party, the Roma Christian Center, the CASROM and the Speranţa Association. Elected Roma local counselors are not members, because in Mureş county their number is high, 19, but they are from Roma Party and Roma Christian Center, represented in the working group. Monthly meetings are organised with Roma leaders.

Created at the level of the Mureş Prefecture was the County Office for Roma, with 3 persons, the Roma counselor and two other (non-Roma) persons.

Monitoring bodies in the domain of discrimination (in the framework of authorities) do not exist. In the Mureş Prefecture discrimination of Roma does not exist. In some authorities abuses and illegalities could exist. Some mayors expelled Roma from their offices calling them "Gypsies" or "crow" and many public servants do not know the antidiscrimination legislation. It has happened that Roma were not accepted in bars, pubs or discos. This kind of case was resolved by discussions with authorities or private companies and complaints were not made.

Roma experts are engaged in the TÓrgu-Mureş and TÓrnăveni Mayor's Offices. In Sighişoara, Reghin, and Luduş persons are considered to be Roma counselors, but they are not employed. In Iernut a person will be engaged.

Experience shows that mayors are consulting Roma leaders in making decisions regarding Roma communities. Several positive examples exist and there are also a few negative examples. In one village more than 1000 Roma exist, but they declared themselves to be Romanian at the census. In this case, any letter or request sent by me is not taken into consideration, explaining that "in my community Roma do not exist".

The situation of dwellings is very critical in Mureş County. Some external foundations, for example with Swedish funds, built houses for Roma. The problem is solved step by step, needing a partnership between the Mayor's Offices and Police. It happened that non-Roma opposed the construction, and the situation could only be managed with the help of police. To do not sell the houses, property rights are not offered to Roma families for this construction. At the present time, 2013 houses need to be built and 3062 require reconditioning. These numbers do not include families who will lose their rentals in the next years because the former owners obtained the right to the property. The Mayor's Office of TÓrnăveni resolved similar cases for 25 families.

In the field of basic needs, electricity is available where it is paid, water generally exists; natural gas is generally not available (not only in Roma communities, but in many rural areas). In some Roma communities, connection to these services stop at the Roma houses, but this is not a general situation. Several times these services were created before Roma moved there. Actions are taken to introduce these services, for example, in Luduş electricity will be introduced this summer to a Roma quarter.

At the qualifying programs of Mureş County Agency for Workplaces, Roma did not usually participate because the effect could not be seen. Even with qualifications, Roma could not obtain workplaces. In rural areas, small enterprises do not exist to offer work places. Prejudice also exists against Roma among the employers. Employers will be organised to gather information on the job market for Roma because programs are not functioning as result of those prejudices. It was planned to gather Roma employers, but in Mureş County, there are very few.

In 2002 only 50% of the legal social aid was paid. In 2003 are needed 250 billion lei for Mureş County, but only 35.5 billion lei (14%) was assured23. By law, part of the salaries are paid from the national budget if services are provided to disenfranchised categories of people. Hundreds of Roma were engaged, but because of the lack of money from the budget, they lost their jobs. Disenfranchised persons are engaged only if their salaries are covered by the Government and not by employers.

An action was started in 2002 to solve the problem of identity cards and more than 300 persons obtained these cards, with the condition they be introduced to their fields in the agricultural registries.

Roma police officers, gendarme�s were not employed. Conditions to engage persons in these structures are too strict.

The most frequent problems reported to Roma counselors of the Prefect are related to abuse of power by local authorities (several times the problems and complaints of Roma citizens are not taken seriously).

Mureş County Council

In the corridors of the institution information is available in Romanian and Hungarian. The website is only in Romanian with some information available in English.

VirŠg GyŲrgy, president of the Mureş County Council, reports that at the institution there are 125 employees (14% of them are Hungarian), 20 of them work with the public. Of the 20, 8 speak Hungarian (40%). There is not a Roma specialist. It needs to engage more persons who speak the minority language. The percentage of Hungarians shows that there exists a huge disproportion between the composition of public servants and the composition of the population. This was partially inherited, but also there is now opposition to employing Hungarian public servants.

Very few of the letters are written in Hungarian (one or two times in a month). The County Council is able to answer these letters in Hungarian, but it does not often happen. In the direct contacts between the president and the citizens, during consulting hours, Hungarian is used (around 80% of the citizens are Hungarian and Hungarians prefer consultations with the Hungarian president � because of trust and the possibility of using the mother tongue �, Romanians prefer the Romanian vice-presidents). During this, nobody considered that he was discriminated against because of his ethnicity. Complaints are in social domains (problems of dwellings, jobs, aids). Also Roma NGO�s or Roma groups ask the help of the County Council, to help in the dialogue with mayors.

In strategies elaborated for Mureş County, by Mureş Prefectura, Mureş County Council and other authorities, the cultural diversity of the county does not appear, and the project does not account for this fact. In the field of culture, Hungarian institutions or departments are present in the strategies.

The cultural institutions financed by the County Council show different aspects. For example, at the Ethnographic Museum of TÓrgu-Mureş, it was very hard to exhibit a Hungarian traditional costume, and there is no Roma costume. There are very few Hungarian museologists and librarians. In the domain of cultural reviews, there are no problems. County Council could fund Romanian and Hungarian reviews, and at the Theatre there is a Romanian and a Hungarian section. At the Puppet Theatre the situation is the same. At the Mureş Folk Ensemble there is a Romanian and Hungarian section. There was an unsuccessful initiative to create a Roma section, but Roma folk ensembles were helped to get costumes.

10 public servants were questioned24, 4 of them have worked from 9-10 years as public servants, 4 persons worked 3-7 years, and the other two worked less than 2 years.

50% of the questioned persons declared their mother tongue is Romanian, 40% Hungarian, 10% did not declare.

80% of the Romanians are working with the public, 20% speak Hungarian, 80% speak international languages. All are highly educated, with university diplomas.

75% of Hungarians are working with the public, 50% declared that they speak Romanian25 and 50% international languages. Level of education: 75% with university education, 25% did not declare.

To questions regarding use of the mother tongue, 60% of the Romanians considered that there is a need to use the mother tongue of the minorities (40% disagreed with using the mother tongue because minorities do not speak Romanian well, 40% disagreed with using the language of minorities because public servants are serving the community, 60% disagreed that public employees are required by law to know the language of minorities). 10% considered that public servants know the language of minorities, 60% considered that they did not know. 80% considered that very few persons address the institution in their mother tongue, to which the answer is in the mother tongue in very few cases (60%), all of the cases (20%).

Among Hungarians, all considered that there exists a need to use the mother tongue of the minorities. 75% considered that public servants know the language of minorities while 25% considered that they did not know. Experiences are very different. 25% considered that very few persons address the authorities in their mother tongue, 25% that few persons in comparison with the percentage of minority in the locality, 25% that almost all minority persons, to which the answer is in the mother tongue in very few cases (50%), all of the cases (25%).

Regarding the acceptance of minorities as public servants, the result was negative among Romanians. 20% considered that it is normal to have the percentage of minority persons working as public servants approximate the level of minority from the locality (60% considered that it is not normal), but 60% considered that it is useful to have a Roma expert who knows the problems of the community (40% considered it not useful). At the same time, 60% considered that the percentage of minority persons working as public servants is approximately at the level of the minority population from the locality (20% considered that it is not), 60% know that there is not a Roma expert in the Mureş County Council (20% considerd that such a person exists).

All of the Hungarian public servants considered that it is normal to have the percentage of minority persons working as public servants approximate the level of minority from the locality, 75% considered that it is useful to have a Roma expert who knows the problems of the community. All considered that the percentage of minority persons working as public servants is not at the level of minority persons from the locality, 50% know that there is not a Roma expert, 25% considered that an expert exists.

Answering the question about special measures, 40% of Romanians considered that minorities do not need special measures to promote normal development (60% considered that special measures are needed), 80% considered that special measures are required to integrate the Roma community into Romanian society (20% considered that they are not needed). 60% answered that special measures do not exist for the Hungarian minority (20% considered that they do exist), 40% that special measures do not exist for Roma.

All of the Hungarian public servants declare that it requires special measures for minorities to achieve a normal development and to integrate the Roma community into the Romanian society. 50% answered that special measures do not exist for Hungarian minorities (50% considered that they do exist), 25% that special measures exist for Roma (75% considered that they do not exist).

To the question "For what reason do Roma communities need special measures?", Romanian mother tongue public servants answered:

    20% - do not need special measures;
    40% - because they have been disenfranchised for centuries;
    0% - because of lack of communication with other communities, self-marginalisation;
    60% - because of poverty;
    60% - because of lack of education;
    10% - because of their traditions, which do not permit the development of modern society;
    10% - others.

To the same question, Hungarian mother tongue public servants answered:

    0% - do not need to apply special measures;
    25% - because of their disenfranchised situation for centuries;
    50% - because of lack of communication with other communities, self-marginalisation;
    75% - because of poverty;
    75% - because of lack of education;
    50% - because of their traditions which do not permit the development of modern society;
    0% - others.

Law on public servants and articles regarding minorities are not known. Among Romanians, 40% refused to answer the legislative question, 40% offered the correct answer, 20% the wrong answer, Among Hungarians the percentage is better: 75% offered the correct answer, 25% the wrong answer.

Regarding the possibilities that discrimination exists in the institution, all of the Romanians expressed the opinion that it does not exist; 75% of Hungarians considered that the situation is not ideal: "in our institution, not all public servants speak the language of minorities, because of this, they could not answer the public who address problems in one of these languages"; "persons belonging to minority groups could not obtain leading positions".

By interviews, Hungarian public servants considered that during the hiring, the Romanian majority hiring commissions take into consideration the ethnicity of candidates and if the vacant post was occupied by a Romanian, the new person has to be a Romanian and if he was Hungarian, a Hungarian person could be hired, to not change the existing percentages. After the president of the County Council became a Hungarian, the fiscal authorities are more active in the institution, if accidentally a public bid for a service is won by a Hungarian led company, it tries to apply pressure to consider the auction illegal.

Mureş County Agency for Workplaces

Reghina Fărcaş, executive director of Mureş County Agency for Workplaces declared there are not statistics on Roma unemployment (even the Mureş County Statistical Department does not have them), but action is now being taken to determine the scope of the . A database of Roma communities will be created with the help of the mayor�s office.

Funds exist to offer qualification in different domains to disadvantaged persons.

According to interviews and articles in the mass media26, on 9 May 2003 the first job fair for Roma took place. 227 workplaces in the county were offered27. Jobs were offered first of all by authorities and only a few were offered by private companies. For more than 100 jobs, the job description was not specified. Roma considered that those were only fictitious listings, to create the impression that jobs were being offered. Even if the promise was to offer jobs for persons without education and to provide training in the workplace, the requirements actually were 8 or 12 years of education. From more than 400 interested Roma, only 153 were employed for a probation period: 86 in Sighişoara, 31 in TÓrgu-Mureş, 6 in Reghin and 30 in Eremitu.

TÓrgu-Mureş Territorial Labour Inspectorate

Carmen Vamanu, inspector chief, reports that every law prohibits discrimination, but the fact is that Roma do not have workplaces. Those who are registered as unemployed, are happy because they had a workplace and they obtain unemployment aids, but others, who did not have a job, are missing from the statistics. In Romania the problems are very serious in this domain.

Traditionally, every community has specific occupations, and this could be followed by small entrepreneurial authorizations. Hungarians were good in construction, tailoring, bootmaking and Roma were specialists in processing metals. In one part of the county, Roma are rich, they are administrators of limited companies, but in other communities Roma are very poor. A middle class does not exist.

First of all opportunities have to be explained for communities, because without information, they will not succeed. If a new law appears, first the Hungarians try to implement it. In Roma communities, laws and initiatives are not known.

Mureş Labour and Social Solidarity Department

In the corridors of the institution information is available only in Romanian.

Győrfi MŠria, general director declared that of 50 positions, only 39 are occupied, because for the other positions a university degree is required and long-term work experience; until now they have not found adequate persons. From 39 employees, 3 are Hungarian, and around 25-30% of them speak Hungarian, none of them is Roma or speaks Romani; 5 persons are working with the public, and one of them speaks Hungarian. They need to have more people who speak Hungarian and also who speak Romani. Usually Hungarian language letters or complaints are sent to the institution and all of them are resolved.

A policy does not exist to create job placements for minority persons.

During interviews, employees recognised tensions between Romanians and Hungarians. Hungarians declared that they feel a nationalistic attitude against them in the institution.

13 persons were questioned, 2 of them have worked more than 15 years as public servants, 3 persons 5-6 years, others 3 years or less.

All of the questioned persons declare Romanian as their mother tongue28. 85% of them are working with the public, 15% speak Hungarian, 46% speak international languages. Level of education: 54% with university education, 46% with a bachelor's degree.

Answering questions regarding use of the mother tongue, not one of them considered that a need exists to use the mother tongue of the minorities (62% disagreed with using the mother tongue because minorities do not speak Romanian well, 69% disagreed with using the language of minorities because public servants are serving the community, 77% disagreed that public employees are required by law to know the language of minorities). Only 15% considered that public servants know the language of minorities, 38% considered that they did not know. The experiences of public servants are very different. 38% considered that very few persons address the institution in their mother tongue, 15% that there are few persons in comparison with the percentage of minorities in the locality, 15% that almost all minority persons, to which the answer is in the mother tongue in very few cases (38%), many cases (8%), all of the cases (8%).

Regarding the acceptance of minorities as public servants, the result was also negative. 77% considered that it is not normal to have the percentage of minority persons employed as public servants approximate the number of minority from the locality (15% considered that it is normal), 46% considered that it is not useful to have a Roma expert who knows the problems of the community (15% considered it useful). At the same time 15% considered that the percentage of minority persons working as public servants is approximately at the same level of minority from the locality, 8% considered that a Roma expert exists.

In the question of special measures, 69% considered that special measures are not required for minorities to achieve normal development (15% considered it a need), 54% considered that special measures are required to integrate the Roma community into the Romanian society (23% considered that they are not needed). 38% answered that special measures not exist for Hungarian minorities (15% considered that it exists), 46% that special measures do not exist for Roma (8% considered that they exist).

To the question "For what reason do Roma communities need special measures?", the answers were:

    31% - do not need to apply special measures;
    8% - because they were disenfranchised for centuries;
    31% - because of lack of communication with other communities, automatic marginalisation;
    31% - because of poverty;
    31% - because of lack of education;
    23% - because of their traditions, which do not permit the development of modern society;
    0% - others.

Law on public servants and articles regarding minorities are not known. 46% refuse to answer the legislative question, 31% offered the correct answer, 23% the wrong answer. At the same time, despite the law, 77% disagreed that the law requires public employees to know the language of minorities, not one of the questioned persons agree.

Finally, regarding the possibility that discrimination exists in the institution, 62% expressed his opinion that it does not exist, and others did not complete the questionnaire29.

Mayor's Office of TÓrgu-Mureş

In the corridors of the institution information is available in Romanian and Hungarian. The website is in Romanian, Hungarian and English.

Marius Emil Paşcan, the vice-director of the Department for Strategy, Communication and Human Resources and spokesman of the TÓrgu-Mureş Mayor's Office declared that 200 persons are working as public servants in the office, around 70% of them are in contact with the public. 80% of those who are working with the public speak Hungarian. There are 2 Roma employees, working specially for Roma communities in the city30.The number of Hungarian public servants is not known, this kind of statistic does not exist31.

A policy to engage minority persons does not exist, but because of the legislation requiring exams for the jobs in the field of public service, persons are preferred who speak not only Romanian, but also Hungarian. Indemnities could not be offered for persons who speak minority languages.

There needs to be a department in the TÓrgu-Mureş Mayor's Office working in the field of Roma, to find better and more direct solutions to all problems, but Roma experts do not exist who could become employees of this department. At the present, the responsabilities are dissipated to different departments or services.

A structure exists in the Mayor's Office to define strategies and projects, this department consults with the two Roma employees on projects in Roma communities.

A real partnership does not exist between the Mayor's Office, other authorities and NGO�s to develop common projects and to involve Roma comminities in solving their problems. Central authorities do not ask local authorities what they need, what are their problems or how these problems could be solved. The Mayor's Office would like to invite NGO�s working with Roma to create partnerships.

First discussions with the Roma expert of the Prefecture have just begun.

The Mayor's Office finances different kinds of projects through the Department of Relations with NGO�s, but unfortunately Roma NGO�s did not apply.

The Mayor's Office launched a project in Valea Rece to resolve the problems of dwellings. In this area, Roma are in a completely illegal situation, without any notification. A topographical map was created, with the delineation of territories and it is to be introduced in the land registers. When this work is completed, Roma will be legal and they could obtain identity cards and other official documents. A new step will be the construction of houses and that requires large amounts of funding. The TÓrgu-Mureş Mayor's Office developed a project, but finances were not obtained. Even without external funds, the mayor decided to develop the first construction step by step, to show that his intentions are real and perhaps in this way funds can be obtained.

22 Roma families (90 persons) live in Rovinari which is legally established. The Mayor's Office bought buildings in another place and now these buildings are reconditioned. The Roma families will move here while their apartments are being reconditioned and after that they will be moved back to Rovinari. In the rent contract will be a rider that if the lodgers do not maintain the apartments in good condition, the contract will be cancelled.

In Beşa there is now a project to introduce water, methane gas and other utilities.

At the present time Roma are not involved in this work because they are not qualified in construction, but there exists a Roma class in the Constructional High School and if they complete their classes, they will participate in the work.

The Mayor's Office must work tactfully, because among several disadvantaged groups � pensioners, jobless persons and poor persons � the positive measures for Roma creates negative attitudes.

Programs to train public servants on non-discrimination practices did not begin until now, because the Mayor's Office did not find a way to motivate the public servants to participate in this kind of training.

A monitoring system does not exist to identify discrimination. The Mayor's Office has too many obligations, there is not any person who could follow this important problem, but it could be accomplished through partnerships with NGO�s to monitor the situation.

Lengyel Lazar, community mediator with Roma from the Mayor's Office is presently working with half-time (recently full-time) staff, having responsabilities in the Roma communities. A half-time Roma inspector is also recently working there.32

This team is working with the following communities and problems:

In Valea Rece, where around 250 families, 1400 persons live, the most pressing problem is unemployment. 95% of adult's do not have a job. Until 2000, traditionally the Roma from Valea Rece worked in the sanitation service, but the Mayor's Office decided to offer this work to the Penitentiary of TÓrgu-Mureş. Because this caused social problems, now around 400 persons receive social aid from the Mayor's Office. Houses are built generally of adobe, without water or natural gas. The Mayor's Office created two wells (one at each end of town and in this way it will be possible to connect houses to water in the future) with water from the town�s water pipe-system. Electricity and natural gas were introduced, but because of the costs, natural gas could not be supported and electricity was only affordable for a few families. The problem of identity cards was solved with the help of the Mayor's Office and the Police (officially the land is considered to be pasture). The Mayor's Office gave certificates to persons living in Valea Rece and Police issued identity cards without addresses. The field is listed in the agricultural registry and until now it was not entered in the land register (topographic map, the first step for this was recently realised). Taxi drivers refuse to enter the community but emergency vehicles are entering. In the vicinity there are not bars or pubs where Roma are not served. Medical assistance is assured (in the community, a health unit exists). Problems in access to hospitals are not known.

In Rovinari, important unemployment exists (adults of this quarter also worked in sanitation services until 2000) and the problem of housing is pressing. 22 families are officially living here in apartment houses; another 50 families are without a contract (living from 10 to 20 years in this apartment). Now the Mayor's Office will renovate these apartment houses, offering other apartments during the work, but only for 22 families. It is not clear what will happen with the other 50 families.

Roma are very poor in Remetea also. In the central zone of Remetea, houses are quite normal, but until now the legal situation was not clear. In FÓnaţe Street there are only hovels, without any water. Until they have jobs and natural gas is not so expensive, the gas will not be introduced.

In Dealul Street the problem of identity cards was solved with the help of the Mayor's Office and the Police (officially the land is considered to be pasture). The Mayor's Office helped to repair the road.

Around 30 families live in Călăraşilor Street some of them with a contract, others without.

Roma families have lived in Revoluţiei Street for 30 years and now the former owners (who lost their property in the communist era) got back their houses and the law requires that the rental arrangement continue for 5 years. After this, the Roma families will be without a home. Promises exist to solve the problems, but no construction has begun.

The Mayor's Office has offered social aid several times. The budget of the Mayor's Office is not enough for important activities and it will try to obtain external funds.

Office of Strategy and Development for Roma is consulted by the Mayor of TÓrgu-Mureş. Other departments of the Mayor's Office are in partnership with Roma NGO�s and collaborate with the Prefecture.

The Roma class in the Constructional High School does not exist. There is only a planned project to offer qualification courses for Roma in partnership with the Constructional High School.

27 public servants were questioned, 8 of them working more than 10 years as public servants, 15 persons had worked 4-9 years, others 3 years or fewer.

63% of the questioned persons declared Romanian as their mother tongue33, 37% Hungarian.

All Romanians are working with the public, 29% speak Hungarian, 71% speak international languages. Level of education: 59% with a university education, 29% with a bachelor's degree, 12% refused to answer.

70% of Hungarians are working with the public, 40% say they speak Romanian34, 70% international languages. Level of education: 70% with a university education, 30% with a bachelor's degree.

To questions regarding use of mother tongue, 24% of the Romanians considered that there exists a need to use the mother tongue of the minorities (71% disagreed with using the mother tongue because minorities do not speak Romanian well, 47% were in disagreement with the use of minority language because public servants are serving the community, 35% disagreed that public employees have to know the language of minorities according to the law). 29% considered that public servants know the language of minorities, 12% considered that they did not. The experiences are very different. 41% considered that very few persons address the institution in their mother tongue, 24% believe that there are few persons in comparison to the percentage of minority people in the locality, 18% thought that the answer, in very few cases, is given to minority persons in the mother tongue (35%), many cases (29%), all of the cases (17%).

Among Hungarians, all considered that a need exists to use the mother tongue of the minorities (10% were in disagreement with using the mother tongue because minorities do not speak Romanian well). 50% considered that public servants know the language of minorities, 30% considered that they did not. 60% considered that few persons in comparison with the percentage of minority in the locality address authorities in their mother tongue, 20% believe that answers in the mother tongue are given very few times to almost all minority persons (10%), many cases (30%), all of the cases (40%).

Regarding the acceptance of minorities as public servants, the result was negative among Romanians. 47% considered that it is normal to employ the same percentage of minority persons working as public servants at approximately the same level as minority persons from the locality (29% considered that it is not normal), but only 18% considered that it is not useful to have a Roma expert who knows the problems of the community (59% considered it useful). At the same time 65% considered that the percentage of minority persons working as public servants is approximately at the level of minority persons from the locality and only 53% know that a Roma expert works in the Mayor's Office of TÓrgu-Mureş.

80% of Hungarian public servants considered that it is normal to employ the percentage of minority persons working as public servants at approximately the same level as minority from the locality (20% considered that it is not normal), 90% considered that it is useful to have a Roma expert who knows the problems of the community. 20% considered that the percentage of minority persons working as public servants is approximately at the level of minority from the locality (40% considered that it is not), 60% know that Roma experts exist.

In the question of special measures, 35% of Romanians considered that they are not needed for minorities to assure a normal development (35% considered that special measures are needed), 59% considered that special measures are needed to integrate the Roma community into the Romanian society (18% considered that they are not needed). 29% answered that special measures do not exist for the Hungarian minority (29% considered that they do exist), 29% that special measures do not exist for Roma (24% considered that they do exist).

All of the Hungarian public servants declare that special measures are needed by minorities for a normal development, 80% considered that it requires special measures to integrate the Roma community into the Romanian society (10% considered that they are not needed). 40% answered that special measures do not exist for the Hungarian minority (40% considered that they exist), 50% that special measures exist for Roma (30% considered that they do not exist).

To the question "For what reason do Roma communities need special measures?", Romanian mother tongue public servants answered:

    12% - do not need to apply special measures;
    12% - because they were disenfranchised for centuries;
    18% - because of lack of communication with other communities, automatic marginalisation;
    24% - because of poverty;
    71% - because of lack of education;
    29% - because of their traditions, which do not permit the development of modern society;
    12% - others (mentioning: "they did not want to integrate into a civilized society"; "because they do not work").

To the same question, Hungarian mother tongue public servants answered:

    0% - do not need to apply special measures;
    40% - because they were disenfranchised for centuries;
    20% - because of lack of communication with other communities, automatic marginalisation;
    50% - because of poverty;
    90% - because of lack of education;
    40% - because of their traditions, which do not permit the development of modern society;
    0% - others.

Law on public servants and articles regarding minorities are unknown. Among Romanians, 47% refuse to answer the legislative question, 35% offered the correct answer, 18% the wrong answer, among Hungarians 60% offered the correct answer, 40% the wrong answer.

Regarding the possibility that discrimination exists in the institution, 12% of Romanians expressed the opinion that it does not exist, others did not respond; 30% of Hungarians considered that discrimination does not exist, 20% that it does exist (there are not enough persons who speak Hungarian; bids for public services are made to be won by companies with Romanian majority capital and in this way, companies where minorities have interests could not apply or did not obtain funds).

Romanian community of TÓrgu-Mureş

Responses to questionnaires indicated that 12% sent letters of complaint to the Mayor�s Office, 8% to the Police, 4% to the Prefecture, 2% to the County Council. 20% had a positive experience with authorities, 24% had a negative experience and 16% had both positive and negative experiences35.

64% considered that employees of the Mayor�s Office, working with the public, have to know Hungarian (12% considered that they did not have to know Hungarian, 58% considered that they know Hungarian and 8% that they do not know). 34% considered that it is normal (40% that it is not) to have half of the employees Romanian and half Hungarian in the Mayor�s Office.

Regarding the existence of a Roma expert, 52% agree, 16% do not agree.

16% declared that they were not discriminated against by authorities, 4% considered that they were (one of them considering that the discrimination was not based on ethnicity).

Hungarian community of TÓrgu-Mureş

Responses to the questionnaires reported 20.8% sent letters of complaint to the Mayor�s Office, 10.4% to the Police, 6.3% to the County Council, 4.2% to the Prefecture. All declared (22.9%) that the letters were written in Romanian and the response was also in Romanian. This shows that legal provisions are not known and are not used.36 Only 8.3% had a positive experience with the authorities, 31.2% had negative experience and 50% both negative and positive.

All considered that employees of the Mayor�s Office, working with the public, have to know Hungarian (75% considered that they know, 20.8% that they do not know). 77.1% considered that it is normal (6.2% that it is not) to have half of the employees Romanian and half Hungarian in the Mayor�s Office.

Regarding the existence of a Roma expert, 72.9% agree, 4.2% do not agree.

22.9% declared that they were not discriminated against by authorities, 12.5% considered that they were ("cases are not solved if the complainant is Hungarian", "the mayor of TÓrgu-Mureş also represents the Hungarian community and has never used Hungarian in speeches", "I was not discriminated against but my family members were", "the questionnaires for obtaining driver�s licenses are only in Romanian", "I was treated like an animal").

Dealul Street Roma community

Balog Pťter, the leader of the community, tried to solve all of the problems with the authorities. He considered that the Mayor's Office could help them if it does not cost them to do so, but several times the official answer is: "we do not have money". Some of the public servants are very kind, they even postpone other tasks to try to help, but others, a few of them, make racist remarks.

In past years the road was repaired, a public phone was introduced as well as electricity (paid exclusively by the leader of the community).

The most important problem of the community is that they have only one well. In summertime this well is often drained and the community remains without water. The water pipe is stopped at the level of the first Roma house in Dealul Street. Until now, the Mayor's Office did not find resources to create a new well with water from the town�s water pipe-system.

Another problem, not solved until now, is that the field is not entered in the land register. It was promised, but other priorities exist.

With the help of the Mayor's Office and the Police, the problem of identity cards was resolved, even without the land registers.

Another plan in Dealul Street is to create a consultation room, discussions are now being held with the Prefecture to realise this project.

Medical services are assured by a family doctor. In case of emergency, the ambulance arrives. The experiences with doctors in hospitals are not negative.

Taxi drivers also assure services for the community.

Entrance to the nearest bars, pubs and discos is prohibited for Roma. The employees try to explain to Roma that if they serve Roma, the employer will fire them.

Almost half of the adult persons are pensioners. Only 3 persons have a job, 25 persons get social aid.

During interviews, persons declared that public servants have to be paid to resolve a problem; also they confirm that their access to some public places (bars and pubs) is prohibited. Women claim that in one of the Maternity Hospitals the Roma are segregated from non-Roma and that they have to be on a separate floor, on the ground37. Some of the persons considered that declarations of public servants, like the mayor of the city, regarding "Gypsies" with negative attitudes has a menacing effect.

The results of questionnaires show that persons did not have contact with authorities, the leader of the community resolves their problems.

Until 1992, the men worked, first for the Brick Factory, then they became pensioners (25%) are jobless (37%), one person has a job, one has his own limited company, one lost his job because of a penal sentence. All of the women are jobless; many of them (86%) never had a workplace.

Valea Rece community

In response to the questionnaires, 30% of the people had been to the TÓrgu-Mureş Mayor's Office to solve a problem, 5% at the Mureş County Council, 10% at the Mureş Prefectura, 50% at the Police (primarily for identity cards). Only one person stated that he could use the Hungarian mother tongue at the Mayor's Office and the others had to use Romanian.

40% of the questioned persons did not have any contacts with authorities in the last 2 years, 10% had a positive experience and 25% negative ("only promises are made", "authorities did not have time for us", "they are not helping people", "I asked to be heard but I was not allowed to go upstairs, being threatened that the police would be called", "I do not speak Romanian and they refused to speak with me in Hungarian"), 25% both.

95% considered that public servants should speak Hungarian (10% considered that they do speak Hungarian, 15% that they do not speak Hungarian), 95% considered that it is normal to have Hungarians employed as public servants in the same percentage as in the population, 90% that it is good to have Roma experts in the authorities offices (one considered that it is not good).

35% felt they had been discriminated against by authorities (from those who had experience, 58%) "our complaints are not resolved", "we were told that if one person from the family has a job, another person did not have the right to work"), 5% (one person) did not considered to be discriminated.

20% of those questioned are working (15% as cleaners), 15% did not ever have a job, 65% lost their jobs for different reasons after 1989 (the company closed, the company did not pay for 3 months, others were engaged, in one case because the employee delayed once). One person lost his job after 20 years of work, in 1997.

In interviews, Roma from Valea Rece stated that in a medical emergency, emergency crews will enter in the community when called. In pubs Roma are allowed to enter, in some discos, they are now allowed. Taxi drivers, with few exception, do not enter the community.

Other Roma communities

During interviews, members of Roma communities where a leader is not recognised to solve all the problems of the community, stated that several times public servants have refused to speak with them or to register them for a hearing. Several restaurants, bars, and discos are known where Roma are not allowed access.

Mayor�s Office of TÓrnăveni

According to vice mayor Dan Blăjan, official statistics show the number of Roma living in the town is around 2.500, almost 10% of the population, but that number is higher, between 5-7,000, live in four different parts of TÓrnăveni38. The Mayor's Office collaborates well with the two Roma organizations, Roma Christian Center and Roma Party. A Roma councilor helps with the work of the Mayor, obtaining indemnity for this. Now the councilor is from the Roma Party and before the councilor was from the Roma Christian Center.

The most important action in the Roma community is to offer social apartments. Because of the large number of complaints, even with very limited funds, the Mayor�s Office decided to get involved in solving the problem. Buildings not currently in use are renovated for this purpose.There is also a project to build apartments. Last year, 19 apartments were made available, also 7 families were offered materials for construction. The water supply is assured, now and work is being done to introduce electricity and natural gas in the communities. When possible, members of the Roma community are involved in the work.

There are around 750 files requesting social aid, around 90% of them are Roma. In this year, 7 billion lei was needed, but the government offered only 1.7 billion.

It was a partnership between the Mayor�s Office, other authorities and the Roma community to solve the problem of identity cards. Several persons were living from 10-15 years in TÓrnăveni. The decision was not to expel them, a situation that happened in many places, but to offer them identity cards in TÓrnăveni.

The Mayor�s Office offers support for Roma projects that need a partnership with authorities.

In the town there are 3 kindergartens where meals are offered for Roma pupils, the most important is financed by a Dutch foundation.

Hungarian Community from TÓrnăveni

Kakassy SŠndor, district president of the Democratic Alliance of Hungarians in Romania, states that the expectations of Hungarians are not satisfied. The percentage of Hungarians in the town is above 20%, but because a village was added to the city, that number dropped below 20%, and in this case the use of the mother tongue by authorities is not obligatory. In the Mayor's Office of TÓrnăveni information is not offered in Hungarian and public servants do not speak Hungarian. Among 110 employees in the Mayor's office, only one is Hungarian. In 1990 the Mayor's Office had 40 employees, during expansion of the office, the ethnic composition of the town was not taken into consideration.

In the schools where Hungarian language education exists (one for V-VIII grades and a high school), there are no Hungarians among the administrative staff, with the exception of one librarian. At the Cultural House, only the fireman is Hungarian, those who are deciding on cultural events are Romanian. In the museum of the town, Hungarian folk art is missing. In libraries, there is not a Hungarian librarian and in the last 10 years very few Hungarian books were bought. None of the streets are named for a Hungarian personality. The 725th anniversary of the town's existence was celebrated and not one of the events involved the Hungarian community39 (a Hungarian choral event was refused).

There are different situations in the two biggest factories of the city. In one, where the director was a member of the National Unity Party of Romanians, Hungarians are not in leading positions. In the other, where the director is a tolerant person, Hungarians could be in a lead position.

Mayor's Office of Sovata

In the corridors of this institution, information is available in Romanian and Hungarian.

Hegyi MihŠly, vice-mayor of Sovata reports, a Hungarian majority, 10% of the population is Romanian and 8% Roma.40

At the Sovata Mayor's Office, there are 35 public servants working, 3 are Romanian (8.6%), and the others are Hungarian. Hungarians, who work with public know Romanian and of the 3 Romanians, 2 know Hungarian. The majority (around 80%) of the letters and complaints are written in Romanian, because citizens are not familiar with the new legislation on public administration. Answers to all of these letters are in Hungarian, except in cases where the answers have to be used by other authorities, for example where translation costs would be involved (an example would be when documents are requested by individuals but will be used in courts; these documents are written in Romanian).

The Roma population lives in the former village of Sărăţeni (now part of the city). Around 400 families need social aid. In most cases, women are the beneficiaries of aid, in order to protect their child. To solve the social problems of the Roma population, 3 buildings were offered for 20-30 families. New subsidized apartments need to be built, but government funds are not available.

3.3.3. Equal treatment before tribunals, by law enforcement officials, in prison

According to unofficial data, in Mureş county, the percentage of Hungarians among prosecutors is 2%, among judges 10% and among attorneys 25%.

Pro Europa League and other human rights organisations experience indicates that the Roma become the first victims of law enforcement officials. Several times they have been beaten by police officers41 to force them to claim responsibility for crimes, even if is clear that they were not the perpetrators. This allows the police to obtain better statistics in solving cases. Complaints of victims against abuses were not finalized with indictments against police officers, even if clear evidence exists.

Courts refused to implement the new legislation on use of the mother tongue by authorities or punishment of racist organisations and personally promote those who committed crimes against humanity. Sentences are proving that decisions of local councils, laws, international treaties (such as the Framework Convention on National Minorities) are not enough if personal impressions of judges regarding these questions are different.

Prosecutor�s Office at the TÓrgu-Mureş Justice Court

Vasile Costea, prime prosecutor of the Prosecutor's Office near TÓrgu-Mureş, reports that among 12 prosecutors, one is Hungarian. The 12 prosecutors have to solve around 2500 cases in a year42. Only in about 10 cases in a year is the indictment of prosecutors not well founded and the court decides the absolution. Until now, complaints were not accepted by the court against the decisions of prosecutors if the penal investigations were not finalised by indictment. Even if somebody could be found to work this kind of case, prosecutors would not be obliged to prosecute against his conscience.

In some rural areas of Mureş county, Hungarians do not speak Romanian well. For those who do not speak or understand Romanian well, translation by translators is offered by collegues or court clerks. The declarations are written only in Romanian, and are signed in this form by those who do not speak Romanian.

In this year nobody reported racial discrimination by other prosecutors to the prime prosecutor. In the last years there were no citizen complaints based on non-discrimination laws.

In interviews, prosecutors expressed their opinions that delinquency is higher in the Roma communities than in others. This is caused not only by poverty, but also by the negative cultural attitude of these communities. The way to change these attitudes is through education.

Prosecutor�s Office at the Mureş Tribunal

Ioan Blaj, prime prosecutor of the Prosecutor's Office near Mureş Tribunal, reports that at this level there are 9 prosecutors (not one Hungarian), working annually with 9000 files and participating in the court, resulting in around 2000 indictments43. Last year in the case of only 16 indictments, the Mureş Tribunal acquitted the accused.

Hungarian prosecutors are needed, because those who do not understand the language of the declaration, even with the best translation, are disadvantaged. Unfortunately Hungarian lawyers choose to become attornies and not prosecutors.

Cases of complaints of discrimination, extremist organizations, propaganda for a totalitarian state or nationalist-chauvinistic propaganda are not known.

In the last period, nobody complained to the prime prosecutor of racial discrimination by other prosecutors.

TÓrgu-Mureş Justice Court

Ilie Verza, president of the TÓrgu-Mureş Justice Court declared that there are 22 judges in the framework of the institution, 2 of them are Hungarian. In the year 2002, there were almost 12.000 files in work.44

Around 10-15% of the cases involved persons who did not speak Romanian well and who needed translation. Because Hungarian translation fees are very low, authorised translators gave up on the statute.45 The translation is provided by independent persons or attorneys.

Cases of discrimination, extremist organizations, propaganda for a totalitarian state or nationalist-chauvinistic propaganda are not known.

Nobody reported racial discrimination by other judges to the president of the TÓrgu-Mureş Justice Court .

The TÓrgu-Mureş Prison

By the declaration of the commander, SzŲllősy Gťza, in the Prison of TÓrgu-Mureş around 20% of the officers (3) are Hungarian (the commander and two psychologists) the other 4 know the Hungarian language very well; 50% of non-commissioned officers know the Hungarian language, around 15-20 of them are Hungarian, 3 know the Romani language. It needs to have persons who speak the minority languages for two reasons: security is better assured if they understand the prisoners, but also detained persons could be helped in a better way. For example it was first observed that suicide attempts exist among Hungarians, so Hungarian speaking psychologists could be more efficient.

A policy does not exist to create job placements for minority persons, as a positive measure. Discrimination does not exist; the present situation appears because, according to the commander, few Hungarians choose to work in the penitentiary. They do not often look for a military career (all of the available jobs in the penitentiary are published in the local Romanian and Hungarian newspapers). For Roma persons the requirement to participate in the exam for the job creates problems: to become a non-commissioned officer, a bachelor's degree is required, organised family and without a criminal record, be under the age of 35 years, physically and psychologically healthy, and have satisfied military service.

Questionnaires completed by detained persons show the following crimes: among Romanians46, 50.0% aggravated larceny, 19.6% larceny, 10.7% robbery, 7.1% aggravated murder, 5.4% fraud, 3.6% assault; among Hungarians: 50.0% aggravated larceny, 16.6% larceny, 16.6% robbery, 16.6% fraud; among Roma: 42.1% aggravated larceny, 31.6% robbery, 21.1% larceny, 5.3% fraud.

The percentage of pretrial detained persons is highest among Hungarians (25.0% of all Hungarian detained persons; among Romanians 16.1% and among Roma 15.8%).

26.8% of the Romanians declared that during investigation they have an attorney engaged (among Hungarians 20.8%, among Roma 15.8%), 5.4% did not have an attorney at all (among Hungarians 8.3%, among Roma 15.8%), 25.0% have an attorney engaged during the trial (among Hungarians 8.3%, among Roma 15.8%), 1.8% did not have an attorney at all (among Hungarians 4.2%). It could be observed that minority persons have a less adequate legal defence.

The average level of education is 10.9 classes for Romanians, 9.3 classes for Hungarians and 7.0 classes for Roma (higher than in the studied Roma communities!).

To the question "at the time you committed the crime, did you have a workplace?", a "yes" answer was given by 33.9% of Romanians, 37.5% of Hungarians and 26.3% of Roma.

Of those sentenced for aggravated larceny, the punishment was an average of 3.12 years for Romanians (65.2% recidivists), 3.11 years for Hungarians (58.3% recidivists) and 3.72 years for Roma (66.7% recidivists), for larceny 2.91 years for Romanians (88.9% recidivists), 2.96 years for Hungarians (50.0% recidivists) and 3.28 years for Roma (100% recidivists). It could be observed that sentences are longer for Roma, but to obtain a clear picture if this result is the consequence of discrimination and not incidental, more questionnaires would be required and different prisons surveyed.

Regarding the use of Hungarian language in the judiciary system47, one Hungarian person who considered that he speaks Romanian very well, asked for Hungarian translation and it was refused at every level (police, prosecution, trial), two declared that they speak poor Romanian and when they asked for translation, it was refused, one person reported that he does not speak Romanian at all. He did not ask for translation and translation was not offered. Five persons asked for Hungarian translation by the Police and translation was offered, one similar case was during prosecution and one during trial. One Hungarian speaking Roma declared that they asked during trial to speak Hungarian and translation was offered.

Hungarian community of TÓrgu-Mureş48

Of the questioned persons, 35.4% had an experience in court. Of those, only 29.4% heard used other language than Romanian, in 80% of those responding, language was translated by a person who happened to be in the courtroom, in 60% by an attorney, in 20% the quality of translation was not known.

Dealul Street community

Balog Pťter, leader of the community, reports that a protocol exists with the Police and Gendarmerie and because of this, raids are not organised to identify and punish persons because of lack of official papers. Before this protocol, periodic raids were organised; persons found without identity cards (all inhabitants, because at that time the problem was not solved) were punished with monetary fines.

The protocol between Police and Roma leaders was the "price" to stop raids in Roma communities. By this protocol, Roma leaders are obliged to report crimes committed by Roma to the police, and appearance of foreign persons in the Roma community.

The interviewed persons declared that usually police officers beat accused persons, if they do not recognise them to be the perpetrators. Prosecutors try to convince persons that it is in their best interest to acknowledge a crime, because in this way the punishment will be more lenient. They considered that in the penitentiary discrimination by guardians or other detained persons does not exist.

Only two questioned persons who had contact with a tribunal reported that their mother tongue was not used.

Valea Rece community

Lengyel Lazar, leader of the Valea Rece community, reports that police raids ended after a protocol with the Police and Gendarmerie was signed. Before this, raids were organised almost monthly.

The questionnaires indicate that 30% were in tribunal during the last two years, only one heard the Hungarian language used (translated by an attorney, in a penal case), two stated that the accused person did not speak Romanian well, but translation was not offered.

Jewish Community

The leaders of the Jewish Community of Mureş County stated that in the last 13 years (after the fall of communism), Jewish cemeteries have suffered damage three times. After the revolution, in the DÓmbul Pietros cemetery (TÓrgu-Mureş) more than 20 gravestones were knocked down. Two years ago, in SÓngeorgiu de Pădure gravestones and an important marble memorial table were also damaged. In both cases the police considered that children playing committed the damages, involuntarily. Four years ago, in the cemetery garden of the DÓmbul Pietros cemetery a couple of swasticas were drawn and antisemitic slogans written. The police have not offered any information regarding the perpetrators. Once, in the case of a racist article in a newspaper the police were contacted, but the Jewish Community was not informed regarding the consequences.

The Jewish Community asked local authorities to protect the DÓmbul Pietros cemetery, because there is a playground with a football field in the neighbourhood. From time to time a circus is erected 10 m from the cemetery. 10 years following the first complaint, the problem was solved by the mayor, Dorin Florea.

By law, there must be restitution of properties of the Jewish Community. Not one of the almost 20 properties were given back to the community.

Hungarian Community from TÓrnăveni

Kakassy SŠndor, district president of the Democratic Alliance of Hungarians in Romania reports that in the police of TÓrnăveni or in the judicial system there are no Hungarians working. Around TÓrnăveni there are several villages where Hungarians are in the majority, but they could not use their mother tongue in the tribunal. If someone needs translation, it is offered by people who happen to be in the courtroom, not by lawyers or translators.

The procedure to create a regional Hungarian NGO was, instead of the 3 days allowed by law, extended to 6 months by the Justice Court of TÓrnăveni. Finally the applicants decided to move the case to another justice court, to obtain the ruling.

Hungarian community from Sovata

Interviews of the Hungarian citizens of Sovata found that of 30 police officers in Sovata, only one is Hungarian, and that other officers did not know Hungarian or refused to speak in Hungarian. In court, they have to speak Romanian and translation is not assured unless a lawyer or court clerk offers his services.

German community from Sighişoara

Bruno FrŲhlich, leader of the German Lutheran Church in Sighişoara, reports that the situation of real estate in the community taken illegally by the communist regime was not solved. Trials opened by the German Community were suspended in 2000, because of the new legislation permitting residents to obtain the properties through administrative processes At this time, not one of the buildings has been given back. In one case , the illegal nationalization took place in 1948, and based on the abrogated law, was tabulated as state property in 1995. Not only the property of the German Community was stolen, but also the history of those properties. What was once an old-age home in the community, built in the 17th century, is now presented as the birthplace of Dracula in the 15th century.

The attitude of the committee on re-establishing the properties is not positive, for example the land register of the real estate was sent to the committee. Because of the historical background of the region, it was in German and Hungarian. This was not taken into account and the committee considered that the land register was not presented.

Authorities were not open to asking the German Community if they were aware of the project of Dracula Park near the city, affecting the UNESCO-protected monuments. Leaders who tried to stop the projects were threatened or it was declared in the mass-media that they were engaged by international secret services. Fortunately, the population who were in the favour of the project (the Government promised jobs and economic prosperity) did not make a direct connection between the German Community and those who opposed the park. Community relations between the Germans and the Romanians, the Germans and the Hungarians remain good.

4. Summary of results

4.1. Situation in education

4.1.1. Legislation and good practices

By the Law on Education no. 151/1999 (for relevant legislative provisions see Annex 4.), in each locality, if necessary, education in languages of national minorities must be provided in public school system (art. 8), persons belonging to national minorities have the right to study and receive instruction in their native language, at all levels and forms of education with appropriate request (art. 118). The benefits of this legislation in Mureş county is that Hungarians have mother tongue education from kindergarten to university level and Germans from kindergarten to high education (until 12 grades)49. Romani language was intorduced in curricula in 25 schools, where 23 persons teach the mother tongue of non-assimilated Roma.

The legislative provisions regarding the possibility to create classes under regular number help minority communities for mother tongue education also in regions where the communities are smaller. The primary classes enrolling fewer than the regular number of students are in the Hungarian language in 40% of the total classes, in German in 0.8%; for grades V-VIII, 31.7% are in Hungarian and 1.1% in German. These statistics shows that it not exists a preferential treatment of Romanians or minority communities.

To prepare minority language teachers, special places are offered for minorities in several universities with pedagogical profile. The policy in the domain of minority education include also publishing of schoolbooks in minority languages.

For Roma youth, special places are offered in highschools, pedagogical schools and universities. This creates opportunities, at the level of Mureş county, for 20 Roma who follow university education, 16 Roma who follow the Mihai Eminescu Pedagogical High School and other 12 Roma who are students in different highschools (most of them studying the humanities).

In the County School Inspectorate and school managing boards Hungarian, Roma and German teachers are present.

Measures to combat poverty and offering aid in the schoolsystem exists, they help to reduce school abandon.

4.1.2. Problems remaining

According to interviews with teachers, they are not familiar with the therms and phenomena connected to discrimination. Laws regarding discrimination, use of mother tongue, minority education are not well knowen by teachers.

The statistical data shows that in Mureş county the number of qualified teachers for minorities is low. From 87 unqualified teachers in the kindergarten, 76 are for Hungarian language education (87.4%), from 97 unqualified schoolmistress�, 52 are for Hungarian language education (53.6%). In some important domains (for example informatics), are not enough Hungarian language teachers. The situation is worst in little cities or rural are. In the high education in TÓrnăveni, a city with 30.000 inhabitants, there are Hungarian language teachers only for Hungarian, mathematics, physics and geography. For other subjects the teachers are Romanian who do not speak Hungarian. In the field of teaching Romani language, in kindergarten there are 4 unqualified persons, at primary level 12 qualified and 19 unqualified persons (15 also teach grades V-VIII), at the high school level, there is 1 qualified teacher. For German language education there are 11 qualified and 3 unqualified persons in kindergarten, 15 qualified and 5 unqualified persons in primary education, 25 qualified and 2 unqualified persons in V-VIII grades and 25 qualified persons in higher education.

By statistics from schoolyear 1997-1998, in highschools (grades 9-12) German education exists in the domains of mathematics-physics and language; Hungarian language education was not offered in the fields of administrative services, finance-accounting, trades, public alimentation-tourism, agriculture, and sanitation. Also Hungarian language education does not exist in form without attendance. More than 80% of places were in the Romanian language, almost 18% in Hungarian 0.7% in German. From 70 profiles, 20 are available in Romanian and Hungarian (two of them are also available in German), 46 only in Romanian, 4 only in Hungarian. In TÓrgu-Mureş, from 126 classes, 89 were in the Romanian language (70.6%), 27 in Hungarian (29.4%).

Minority language teachers also reported that in some fields, minority language school books do not exist. In school curricula, the culture of minorities is almost totally absent. The Law on Education requires that the educational system must offer the possibility to learn about their culture only to minority persons. Learning about other cultures is not assured. The History of Romanians is taught (not the History of Romania, including minorities). In this situation in school curricula minority culture is almost totally absent or information is not in concordance with scientific data50.

By questionnaires and interviews, the multiculturalism in multilingual schools is not a general practice. Only arround 60% of the questionned persons has a positive experience of using minority languages during school celebrations or by posters on the corridors.

The interviewed teachers and parrents considered that to minorities is created a "second class citizen" feeling, offering for Hungarian teachers, usually, only the assistant headmaster position and noting Romanian classes by the first letters of the alphabet.

In Romania, the evaluation procedure of teachers is based on obtained results, without any connection to the social background of children. Is more easy to obtain good results in an elite school in a city than in a rural school, where parrents are not able to sustain the children in learning, but difficulties are not appreciate. Because of this sitation, several teachers try to separate Roma children from non-Roma, considering that with a non-Roma class results will be better.

Interviewed young teachers explained that students who graduated from pedagogical universities did not have any experience working in Roma (or other disadvantaged) communities. It is very difficult for those who have to teach in these communities without prior experience, without knowledge regarding the Roma culture and who are influenced only by negative stereotypes.

A specific and difficult problem is the overload on those who choose a minority language education. Learning their mother tongue, they have up to 20%51 more class hours and more exams (4 instead of 3 after the 8th grade and also more at the bachelor's level). To learn their mother tongue and to have exams benefits minority students, but to be overloaded is a disadvantage. A solution to balance this situation was not found.

Interviews shows that Roma community are faced with seriouse direct and indirect discrimination. Roma children are not registered in some schools or are placed in specially created classes for Roma (not to have Romani education, only to "protect" non-Roma). Passive discrimination is practised by many teachers, Roma children are simply ignored in the class. The most typical example of the effect of discrimination is Special School no. 1 from TÓrgu-Mureş, which became, instead of a school for mentally retarded children, a Roma school.

By interviews with Roma parrents, public humiliation of Roma children is still in practice in some schools.

4.2. Situation in the domain of equal access to public services

4.2.1. Legislation and good practices

According to the Ordinance On Preventing and Sanctioning All Forms of Discrimination (as modified and approved by Law 48/2002), are guaranteed: the right to equal treatment before courts and any other jurisdictional bodies; economic, social and cultural rights; the right of access to all public places and services (art. 1) in the fields of employment conditions, criteria and conditions of recruitment, selection and promotion, access to all forms and levels of professional orientation, professional training; social protection and social security; public services or other services, access to goods and facilities; the educational system; other fields of social life (art. 3).

By the Law 188/1999 on the Statute of Public Servants, in administrative-territorial units in which the percentage of persons belonging to a national minority is more than 20%, some of the public servants in direct contact with citizens should also know the language of that national minority (art. 99). According to Local Public Administration Law, no. 215/2001, in this units, the local public administration authorities have to use in the relations with minorities their mother tongue (art. 17), minority persons will receive the written answer to their problem both in Romanian and their mother tongue (art. 90), in the public relations offices must be hired persons that speaks the minorities mother tongue (art. 90).

By the Strategy of the Government of Romania for Improving the Condition of the Roma (issued in 2001), County Offices for Roma was established and local experts in Roma affairs operate under the mayoralties, mediating between the public authorities and the Roma communities. In Mureş county one Roma expert is working at the County Office for Roma near the Prefecture, Roma experts are engaged in the TÓrgu-Mureş and TÓrnăveni Mayor's Offices. In Sighişoara, Reghin, and Luduş persons are considered to be Roma counselors, but they are not employed. By the Roma expert of the Prefecture, experience shows that mayors are consulting Roma leaders in making decisions regarding Roma communities.

According to the Law on Guaranteed Minimal Income no. 416/2001, every Romanian citizen, has the right to a guaranteed minimal income as a form of social aid. This law is due to solve the social situation of those who did not have any income.

The Mureş County Office for Roma realised a number of studies to improve the condition of the Roma, which could be an important base for future policies.

Measures was taken in 2002 to solve the problem of identity cards for Roma. In this way more than 300 persons obtained these cards. Without identity cards, Roma could not benefit on helth and social services.

4.2.2. Problems remaining

The questionairs shows that public servants are not familiar with the terms and phenomena connected to discrimination or minorities in general (to the question �yours ethnicity�, several times Romanians answered: �I am not ethnic. I am majority�). Also they do not know the legislations in the domain of public administration, first of all provisions on use of minority languages. Among the Romanian public servants of the Mureş County Council, 40% refused to answer the legislative question, 40% offered the correct answer, 20% the wrong answer; among Hungarians52 at the same institution, the percentage is better: 75% offered the correct answer, 25% the wrong answer. At the TÓrgu-Mureş Mayor Office, among Romanians, 47% refuse to answer the legislative question, 35% offered the correct answer, 18% the wrong answer, among Hungarians 60% offered the correct answer, 40% the wrong answer.

Generally are problems with the respect of law. For example at the TÓrgu-Mureş Mayor Office only 17% of the questionned Romanian public servants considered that for a letter written in Hungarian the answer is in all cases in Hungarian. Hungarian public servants has a better practice: 40% of them considered that the aswer will respect legislative provisions.

With a seriouse structural discrimination (arround 20% of public servants are Hungarian, half of the percentage at the Hungarians in Mureş county), only a low number of Romanian public servants declared that speaks Hungarian (20-25%). Those who speaks the language of minorities not beneficiate by a better salary. Arround 40% of the Romanian public servants oppose to use minority languages in public administration and 30-80%53 oppose recrute minority public servants (opposition to Roma experts is lower, 20-45%54).

The existence of Roma experts are not knowen by public servants. At the TÓrgu-Mureş Mayor Office more than half of the public servants did not know about this existence, in the same time, at the Mureş County Council only 60% know that there does not exists.

According to interviews, monitoring bodies in the domain of discrimination (in the framework of different authorities, to follow the treatment of clients) do not exist.

According to interviews and questionnairs, unemployment is general among Roma. In Valea Rece community only 20% has a job. They loosed the jobs after 1989, 65% of jobless worked before. Now they existence is assured only by collecting papers, metals or snails. Chances to obtain a workplace are minimum.

By the study of the Prefecture, the situation of dwellings in Roma community is very critical in Mureş County. 2013 houses need to be built and 3062 require reconditioning. The best practice is in TÓrnăveni where it was resolved the situation for 25 families. The experience of the PEL is that basic needs like water, electricity, natural gas is generally not available in Roma dwellings. In many Roma communities, connection to these services stop at the Roma houses. Officials declared that it is an interest to solve this problems, but founds are not available.

Legislation regarding social aid is not respected by governmental bodies. In Mureş county, in 2002, only 50% of the legal social aid was paid. In 2003 are needed 250 billion lei, but only 35.5 billion lei (14%) was assured. This affects first of all Roma communities.

In the domain of several services, Roma are discriminated. They access in restaurants, bars, discos, taxis is limited.

4.3. Situation in the judicial system

4.3.1. Legislation and good practices

Romanian Penal Code punish the abuse in duty by restriction of rights (art. 247) and nationalist chauvinistic propaganda (art. 317), are legislativ measures to prohibit fascist, racist or xenophob organisations (Emergency Ordinance to Prohibit Fascist, Racist or Xenophob Organisations and Promote of Personal Cult of those who are Guilty with some Crimes against Peace and Humanity no. 31/2002) and to punish all forms of discrimination, incuding racial discrimination (Law 48/202 On Preventing and Sanctioning All Forms of Discrimination).

Equality before law is also guarenteed by the Constitution (art. 16).

Romanian Constitution should represent a guarantee of the right to take cognizance of all acts and files of the case, to speak before the Court and formulate conclusions, through an interpreter, in mother tongue by citizens belonging to national minorities, as well as persons who cannot understand or speak Romanian. In criminal trials this right shall be ensured free of charge (art. 127). By Law no. 178/1997 to Approval and Payment of Interpreters and Translators Used by Penal Investigation Authorities, Courts, Notaries Offices, Attorney and by Ministry of Justice, the translation has to be offered by authorised interpreters.

Representatives of different judicial authorities expressed they need to hire minority persons in the judicial system.

Strategy of the Government of Romania for Improving the Condition of the Roma (2001) prescribe the necessity of hiring citizens of Roma origin in the public order services and the police force.

4.3.2. Problems remaining

By interviews with prosecutors and judges, a jurisprudence on punishing abuse in duty by restriction of rights, nationalist chauvinistic propaganda, on prohibition of fascist, racist or xenophob organisations, on promote of personal cult of those who are guilty with crimes against humanity, on punishing all forms of discrimination, incuding racial discrimination, does not exists. Leaders of Jewish community and the Pro Europa League sent complaints to police and prosecutors in this type of cases, but they was not resolved. Chief-prosecutors refused even to know that complaints exists.

Representatives of minority organisations (Hungarians, Jews, Germans) considered that community properties, confiscated by the communist regime have not been retroceded (as the legislation prescribed), because equality before the law is not fully functioning in these cases. The situation with the properties of the Greek Catholic Church is similiar, they are also affected by a limitation of the law pertaining to churches which could not be retroceded.

Translations, even in important penal cases, are offered � according to the declarations of the prosecutors and judges � by non-qualified persons. Questionnaires and experiences of the PEL shows that several time translations are offered by persons who are accidentally in the courtrooms.

Structural discrimination in the judicial system in Mureş county is substantial. According to unofficial data, the percentage of Hungarians among prosecutors is 2%, among judges 10% and among attorneys 25%.

Pro Europa League and other human rights organisations experience indicates that the Roma become the first victims of law enforcement officials. Several times they have been beaten by police officers to force them to claim responsability for crimes, even if is clear that they were not the perpetrators. This allows the police to obtain better statistics in solving cases. Complaints of victims against abuses were not finalized with indictments against police officers, even if clear evidence exists.

In a system where 12 prosecutors have to solve around 2500 cases in a year or 9 prosecutors annually work with 9000 files and also participate in court, producing around 2000 indictments, and in a very few cases the courts (where there could be 22 judges solving 12,000 cases in a year) consider that the accusation is not well founded, stereotypes and prejudices against some groups, for example Roma, could have more effect than clear evidence (for prosecutors collecting and analising these cases there is not adequate time, and practically the penal sentences resulting from the indictment issued in these conditions).

The study tried to compare punishments to observe whether there is or is not discrimination against some groups in the quality of sentences. According to responses to questionnaires applied in the penitenciary, of those sentenced for aggravated larceny, the punishment was an average of 3.12 years for Romanians, 3.11 years for Hungarians and 3.72 years for Roma; for larceny 2.91 years for Romanians, 2.96 years for Hungarians and 3.28 years for Roma. It was observed that sentences are longer for Roma, but to obtain a clear picture of whether this result is the consequence of discrimination and not incidental, would require more questionnaires and surveys completed in different prisons.
 

5. Conclusions

5.1. Misunderstanding terms and phenomena

Not only ordinary citizens, but also officials in the education system, public servants, police officers, prosecutors and judges do not understand terms like 'discrimination', 'racial discrimination', 'special measures', 'indirect discrimination', 'social integration' and related phenomena. For example, a large percentage of high level Romanian public servants recognised that the number of Hungarians or Hungarian speaking persons employed as public servants is very low, but considered that this is normal, rejecting the possibility to have discriminatory situations in their institutions. It has been recognaized that special measures are needed to empower Roma communities and to facilitate their social integration into Romanian society, but the special measures are not seen as necessary to enable minority communities to have equal chances to develop and maintain their identity.

5.2. Lack of legislative knowledge

Current Romanian legislation on discrimination or protection of minorities is not known by officials and public servants. For example public servants did not know that in their relations with the public, minority languages must be known or that letters submitted in minority languages must be answered in the same language, if that minority reaches 20% of the local population.

5.3. Legislative provisions are not fully respected

Due in part to a lack of knowledge and partially because of inertia, new laws do not use the mother tongue introducing special measures to combat discrimination so the law is not fully respected. For example even when the law requires that during legal procedures, translation must be provided by official translators, instead of using professionals, the translation is provided ad-hoc by persons such as court clerks or private citizens who happen to be in the courtroom.

5.4. Importance of special measures

New legal provisions on special measures are gradually implemented, creating better conditions for disadvantaged groups in several domains (such as offering special places for Roma in high schools and universities proved to be very useful in the development of Roma intelligentsia).

5.5. Lack of resources

In general, the institutions do not have resources allocated to implementation of the special measures. If there is a need to solve a problem in a Roma community, officials try to obtain external funds, motivating that the specific authority that had to be involved in the solution did not have adequate funds. This shows that this problems are not considered to have priority in the shaping of the local budgets.

5.6. Transition period

In several areas of the study the situation is improving. The effect of some of the steps taken is producing or will produce improvements in the near future.
 

6. Recommendations

1. The National Council to Combat Discrimination should:

    � inform authorities that they must apply the non-discrimination legislation;

    � offer training, in partnership with NGO's in the domain, for teachers, public servants, police officers, prosecutors and judges, help them to know legislation, to understood the effects of discrimination, how to prevent it, the importance of punish all forms of discrimination;

    � open branches at the county or regional level and should set up partnership with minority associations and NGOs active in the field of non-discrimination, to solve the various situations.

2. The Ministry of National Education and Research should:
� introduce in the school curricula more information regarding minorities in Romania (in history and geography textbooks), and also regarding the question of discrimination (in civic education textbooks);

� create an inventory of deficiencies in the area of minority language teaching, offering special places in universities where the number of minority teachers is not adequate;

� offer more special places for minorities in the field of law, to balance the lack of minority persons in the judicial system;

� provide for places and opportunities for translators in the field of legislation;

� develop the school curricula in a manner to not overload the students who learn in their mother tongue; teaching of the mother tongue and exams in the mother tongue should be not classified as extracurricular education;

� offer mother tongue education, where important minority communities exist, in every profile and domain;

� develop new strategies for evaluation of teachers, taking into consideration not only the results for children, but more the social background of children, to promote those who obtain results in educating disadvantaged communities and persons; this evaluation should have real effects in increasing salaries;

� avoid religious discrimination in schools recommending the controll of the equal representation of minority symbols in the public schools and preventing the transformation of state schools in places of Orthodox worship.
3. The County School Inspectorates should:
� verify the multicultural and multilingual character of the schools, multiculturalism and multilingualism should be present not only in minority language classes, but also in the common spaces, such as corridors of the building or during different celebrations;

� intervene to prevent 'elite' state schools from excluding Roma students; any direct or indirect discrimination (including separation of students in Roma and non-Roma classes, if it is not on grounds of Romani language education) has to be stopped, with consequences for headmasters;

� the practice of special schools has to be revised;

� change the policies on nominating headmasters and assistant headmasters primarly from majority persons in order to offer minority persons also the possibility of reaching high positions.
4. The universities with graduates who will become teachers should:
� introduce in curricula corresponding methodology to work in disadvantaged communities;

� organise practical exercises, pedagogical practice in this communities;

� provide for multicultural courses.
5. The Ministry on Public Administration should:
� find ways to make public servants interested in obtaining knowledge regarding minorities and discrimination (salary increase, etc);

� verify, from time to time, the knowledge of public servants in the area of specific legislation.
6. The Ministry of Interior should:
� find positive measures to increase the number of minority persons employed as police officers.
7. The Ministry of Justice should:
� review policies regarding the penal investigation, creating a larger structure of prosecutors and judges.
8. The Government and local authorities should:
� allocate special funds in their budget to create normal living conditions for Roma communities;

� provide integrally the aids stipulated by laws for disadvantaged groups.
9. The local authorities should:
� create internal control bodies to verify the legality of different acts, in order to respect legislative measures on use of the mother tongue, implement special measures and combat discrimination;

� report problems, needs or proposals for new special measures to the National Council to Combat Discrimination to find solutions at national level.
10. Case studies on the situation of Roma have to be conducted to inform international funders of the real situation of this community.
 
 

Annex 1

Demographic structure of Mureş county and city of TÓrgu-Mureş, other relevant statistics






Table 1. Demographic structure of Mureş county by ethnic origin (1930-2002)
 
     
1930
   
1956
   
1966
   
1977
   
1992
   
2002
Romanian    
185.367

43,54%
   
243.720

47,78%
   
278.386

49,57%
   
297.205

49,10%
   
317.541

52,05%
   
308.628

53,22%
Hungarian    
176.990

41,57%
   
231.875

45,18%
   
249.675

44,46%
   
268.251

44,31%
   
252.651

41,41%
   
227.673

39,26%
German    
33.379

7,84%
   
20.074

3,91%
   
20.625

3,67%
   
18.807

3,11%
   
4.588

0,75%
   
2.002

0,35%
Roma    
17.444

4,10%
   
13.804

2,69%
   
11.402

2,03%
   
20.019

3,31%
   
34.798

5,70%
   
40.83455

7,04%
Jew    
11.405

2,68%
   
3.241

0,63%
   
1.053

0,19%
   
646

0,11%
   
199

0,03%
   
148

0,03%
Others    
1.136
   
547
   
457
   
417
   
276
   
577
Total    
425.721
   
513.261
   
561.598
   
605.345
   
610.053
   
579.862

Table 2. Demographic structure of Mureş county by ethnic origin and religion (1992)
 
     
Romanian
   
Hungarian
   
German
   
Roma
   
Jew
   
Others
Orthodox    
288.393
   
2.293
   
296
   
21.422
   
4
   
106
Roman catholic    
2.091
   
57.592
   
431
   
3.742
   
3
   
74
Calvinist reformed    
1.818
   
165.983
   
220
   
6.566
   
1
   
28
Greek catholic    
13.704
   
958
   
23
   
527
   
0
   
16
Pentecostal    
3.374
   
429
   
3
   
514
   
1
   
0
Baptist    
943
   
324
   
4
   
54
   
0
   
0
Adventist    
2.582
   
3.299
   
46
   
698
   
0
   
4
Unitarian    
160
   
15.948
   
37
   
309
   
0
   
0
Lutheran    
153
   
432
   
2951
   
143
   
2
   
8
Other    
4.323
   
5.393
   
577
   
823
   
18856
     

Table 3. Demographic structure of TÓrgu-Mureş by ethnic origin (1930-2002)
 
     
1930
   
1956
   
1966
   
1977
   
1992
   
2002
Romanian    
10.751

26,84%
   
14.669

22,41%
   
24.638

28,50%
   
45.639

35,09%
   
75.851

46,13%
   
75.317

50,35%
Hungarian    
22.898

57,16%
   
48.290

73,78%
   
60.211

69,64%
   
82.200

63,19%
   
84.493

51,38%
   
69.825

46,68%
German    
667

1,67%
   
263

0,40%
   
456

0,53%
   
773

0,59%
   
558

0,34%
   
275

0,18%
Roma    
431

1,08%
   
209

0,32%
   
195

0,23%
   
783

0,60%
   
3.259

1,98%
   
3.759

2,51%
Jew    
4851

12,11%
   
1.844

2,82%
   
776

0,90%
   
514

0,40%
   
156

0,09%
   
114

0,08%
Others    
460

1,15%
   
180

0,27%
   
188

0,22%
   
167

0,13%
   
128

0,08%
   
287

0,19%
Total    
40.058
   
65.455
   
86.464
   
130.076
   
164.445
   
149.577

Table 4. National statistics on studied ethnic communities, data in percentage among community, 1992
 
     
Romanians
   
Hungarians
   
Roma
   
Jew
   
German
Area
     urban
     rural      

54.5
45.5
     

56.3
43.7
     

41.3
58.7
     

98.3
1.7
     

67.2
32.8
Age
     under 14
     15-59
     over 60      

22.7
61.0
16.3
     

19.1
61.2
19.7
     

41.4
53.5
5.1
     

3.8
31.7
64.5
     

14.6
57.0
28.4
Education
     university
     middle
     primary
     without or non-declared      

5.3
66.5
23.7
4.5
     

3.6
74.6
19.8
2.0
     

0.1
35.6
37.5
26.8
     

34.5
52.7
10.6
2.2
     

6.8
74.3
17.1
1.8
Working domains
     never worked
     agriculture
     industry
     trade and public services      

4.2
23.5
44.3
28.0
     

4.8
16.2
52.7
26.3
     

17.3
28.0
37.4
17.5
     





     

4.1
14.5
49.7
31.7
Habitable surface
     under 8 square meter
     8-11,9 square meter
     12-15,9 square meter
     over 16 square meter      

24.4
27.1
19.0
29.5
     

20.5
26.9
17.2
34.9
     

64.7
18.2
7.3
9.8
     

3.0
10.7
23.7
62.6
     

11.0
19.2
18.4
51.4
Household with
     water
     electricity
     central heat      

52.3
97.5
40.7
     

61.5
98.5
36.0
     

23.1
91.0
14.4
     

96.9
99.8
78.1
     

68.9
99.5
37.0

Table 5. National statistics on studied ethnic communities regarding some working domains, 1992
 
     
Total
   
Romanians
   
Hungarians
   
Roma
   
Jew
   
German
Public administration    
299,757
   
284,141

94.79%
   
11,299

3.77%
   
1,369

0.46%
   
40

0.01%
   
687

0.23%
Foreign affairs, public order, justice    
19,628
   
18,829

95.93%
   
601

3.06%
   
15

0.08%
   
22

0.11%
   
57

0.29%
Pre-schooler and primary education    
122,346
   
111,061

90.78%
   
9,218

7.53%
   
89

0.07%
   
17

0.01%
   
826

0.68%
Secondary education    
232,271
   
211,490

91.05%
   
16,469

7.09%
   
330

0.14%
   
151

0.07%
   
1,545

0.67%
High and university education    
29,123
   
27,443

94.23%
   
1,070

3.5%
   
63

0.22%
   
64

0.22%
   
257

0.84%
Health and social services    
305,823
   
277,938

90.88%
   
23,003

7.52%
   
507

0.17%
   
291

0.10%
   
1,696

0.55%
Total population    
22,810,035
   
20,408,542

89.5%
   
1,624,959

7.1%
   
401,087

1.8%
   
8,955

0.04%
   
119,462

0.5%

 

Annex 2

Votes obtained by political parties and minority organisations in 2000 elections

June 2000, local election for county councillors, Mureş county

Party                                                                  Votes        %
Democratic Alliance of Hungarians in Romania     102.242      39,59
Party of National Unity for Romanians                    31.274      12,11
Romanian Social Democrat Party                           29.149      11,29
Democratic Convention                                         17.678        6,84
Great Romania Party                                             16.790        6,50
National Liberal Party                                           10.092        3,91
Alliance for Romania                                               9.362         3,63
Democratic Party                                                    8.647         3,35

November 2000, election for Senate of Romania, Mureş county

Party                                                                  Votes        %
Democratic Alliance of Hungarians in Romania     127.423     40,05
Great Romania Party                                             70.620    22,20
Romanian Social Democrat Party                           52.205     16,41
National Liberal Party                                            14.048       4,42
National Alliance                                                   12.525       3,94
Alliance for Romania                                             11.323       3,56
Democratic Party 9.958 3,13

November 2000, election for Deputy House of Romania, Mureş county

Party                                                                  Votes        %
Democratic Alliance of Hungarians in Romania     122.474     38,84
Great Romania Party                                            66.611      21,12
Romanian Social Democrat Party                           50.994     16,17
National Alliance                                                   17.516       5,55
National Liberal Party                                            15.627       4,96
Democratic Party                                                    7.800       2,47
Alliance for Romania                                               6.820       2,16
Roma Party                                                            3.857       1,22
Democratic Convention 2000                                   3.851       1,22
...
German Democratic Forum                                     1.170
Association of Bulgarians from Banat                         972
League of Albanians in Romania                                970
Cultural Community of Ruthenians in Romania            484
Jew Community in Romania                                       479
Italian Community in Romania                                    475
Cultural Alliance of Albanians in Romania                  192

Annex 3

List of questioned institutions and communities


Institution or community
   
Number
   
Step used
   
Data
Dealului Street Roma community     60 families     every 5th house57     15 April 2003
Mureş Labour and Social Solidarity Department     39 employees     every 2nd employees     18 April 2003
Mayor�s Office of TÓrgu-Mureş     177 employees     every 5th employees     18 April 2003
Mureş County Councill     125 employees     every 4th employees     6 May 2003
Valea Rece Roma Community     250 families     every 10th house     16 May 2003
The TÓrgu-Mureş Prison     arround 800 persons     every 8th     24 May 2003
Romanian and Hungarian community of TÓrgu-Mureş     145.142 persons     98 persons58     15-30 May 2003

Annex 4

Relevant legislative provisions

Constitution of Romania (official translation)

Article 4. Unity of the people and equality among citizens
(1) The State foundation is laid on the unity of the Romanian people.
(2) Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property or social origin.

...

Article 6. Right to identity
(1) The State recognises and guarantees the right of persons belonging to national minorities, to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity.
(2) The protecting measures taken by the Romanian State for the preservation, development and expression of identity of the persons belonging to national minorities shall conform to the principles of equality and non-discrimination in relation to the other Romanian citizens.

...

Article 16. Equality of rights
(1) Citizens are equal before the law and public authorities, without any privilege or discrimination.
(2) No one is above the law.
(3) Access to a public office or dignity, civil or military, is granted to persons whose citizenship is only and exclusively Romanian, and whose domicile is in Romania.

...

Article 23. Personal freedom
...
(5) Any person detained or arrested shall be promptly informed, in a language he understands, of the grounds for his detention or arrest, and notified of the charges against him, as soon as practicable; the notification of the charges shall be made only in the presence of a lawyer of his own choosing or appointed "ex officio".

...

Article 32. Right to education
...
2) Education of all grades shall be in Romanian. Education may also be conducted in a foreign language of international use, under the terms laid down by law.
(3) The right of persons belonging to national minorities to learn their mother tongue, and their right to be educated in this language are guaranteed; the ways to exercise these rights shall be regulated by law.
...
(7) The State shall ensure the freedom of religious education, in accordance with the specific requirements of each religious cult. In public schools, religious education is organized and guaranteed by law.

...

Article 59. Election of the Chambers
...
(2) Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament, have the right to one Deputy seat each, under the terms of the electoral law. Citizens of a national minority are entitled to be represented by one organization only.

...

Article 127. Right to have an interpreter
(1) Procedure shall be conducted in Romanian.
(2) Citizens belonging to national minorities, as well as persons who cannot understand or speak Romanian have the right to take cognizance of all acts and files of the case, to speak before the Court and formulate conclusions, through an interpreter; in criminal trials, this right shall be ensured free of charge.

Ordinance On Preventing and Sanctioning All Forms of Discrimination (as modified and approved by Law 48/2002, official translation)

Chapter I � Principles and Definitions

Art. 1 - (1) In Romania, as a democratic and social state governed by the rule of law, human dignity, citizens� rights and freedoms, free development of human personality represent supreme values and shall be guaranteed.
(2) The principle of equality among citizens, the elimination of all privilege and discrimination shall be guaranteed, in particular with regard to the exercise of the following rights:

    a) the right to equal treatment before courts and any other jurisdictional bodies;
    b) the right to personal security and the right to be granted state protection against violence and mistreatment perpetrated by any individual, group or institution;
    c) political rights, namely electoral rights, the right to take part in public life and the right to access to public positions;
    d) other civil rights, in particular:

        i) the right to freedom of movement and of choosing one�s residence;
        ii) the right to leave and return to one�s country;
        iii) the right to obtain and renounce to the Romanian citizenship;
        iv) the right to marry and to choose one�s partner;
        v) the right to property;
        vi) the right to inheritance;
        vii) the right to freedom of thought, conscience and religion;
        viii) the right to freedom of opinion and expression;
        ix) the right to freedom of peaceful meeting and association;

    e) economic, social and cultural rights, in particular:

        i) the right to work, to choose freely one�s occupation, to fair and satisfactory working conditions, to protection against unemployment, to equal pay for equal work, to fair and satisfactory wages;
        ii) the right to establish and to join trade unions;
        iii) the right to housing;
        iv) the right to health, medical assistance, social security and social services;
        v) the right to education and to professional training;
        vi) the right to take part in cultural activities in conditions of equality;

    f) the right of access to all public places and services.

(3) The exercise of the rights stated in the present article concerns persons that are in comparable situations.
(4) Any natural or legal entity shall be under the obligation to comply with the principles stated in paragraph (2).

Art. 2 - (1) According to the present ordinance, the term "discrimination" shall comprise any difference, exclusion, restriction or preference based on race, nationality, ethnic belonging, language, religion, social status, beliefs, sex or sexual orientation, belonging to a disadvantaged category or any other criterion, aiming to or resulting in a restriction or prevention of the equal recognition, use or exercise of human rights and fundamental freedoms in the political, economic, social and cultural field or in any other fields of public life.
(2) Any active or passive behaviour that generates effects liable to favour or disadvantage, in an unjustified manner, a person, a group of persons or a community, or that subjects them to an unjust or degrading treatment, in comparison to other persons, groups of persons or communities, shall trigger contraventional liability, unless it falls under the incidence of criminal law.
(3) Measures taken by public authorities or by legal entities under private law in favour of a person, a group of persons or a community, aiming to ensure their natural development and the effective achievement of their right to equal opportunities as opposed to other persons, groups of persons or communities, as well as positive measures aiming to protect disadvantaged groups, shall not be regarded as discrimination under the present ordinance.
(4) In accordance with the present ordinance, the elimination of all forms of discrimination shall be achieved by means of:

    a) special measures for the protection of persons in a minority situation, when they do not enjoy equal opportunities;
    b) sanctions instituted against the discriminatory behaviour provided under paragraphs (2) and (3) of the present article.

Art. 3.- The provisions of the present ordinance shall be applicable to all public and private natural or legal entities as well as to public institutions with competencies in the following fields:

    a) employment conditions, criteria and conditions of recruitment, selection and promotion, access to all forms and levels of professional orientation, professional training, and refresher courses;
    b) social protection and social security;
    c) public services or other services, access to goods and facilities;
    d) the educational system;
    e) freedom of movement;
    f) enforcement of public peace and order;
    g) other fields of social life.

Art. 4.- In the meaning of the present ordinance, the term "disadvantaged category" is the category of persons that is either placed in a position of inequality as opposed to the majority of citizens due to its social origin or to a handicap or is faced with rejection and marginalisation due to specific circumstances, such as a chronic non-infectious disease, HIV infection or the status of refugee or asylum-seeker.

Chapter II � Special Provisions

Section I. Equality in the economic activity, in terms of employment and profession

Art. 5 � According to the present ordinance, conditioning the participation of a person in an economic activity or one�s free choice and exercise of a profession on one�s belonging to a race, nationality, ethnic group, religion, social status, on one�s beliefs, sex or sexual orientation, respectively, or on one�s belonging to a disadvantaged category shall constitute an offence.

Art. 6 � The following shall constitute offences: discrimination on account of the race, nationality, ethnic group, religion, social status, disadvantaged category one belongs to, respectively on account of one�s beliefs, age, sex or sexual orientation in a labour and social protection relation, with respect to:

    a) The conclusion, suspension, modification or cessation of the labour relation;
    b) The establishment and modification of job-related duties, of the work place or of the wages;
    c) The granting of social rights other than the wages;
    d) The professional training, refreshment, conversion or promotion;
    e) The enforcement of disciplinary measures;
    f) The right to join a trade union and to access to the facilities it ensures;
    g) Any other conditions related to the carrying out of a job, in accordance with the law in force.

Art. 7 - (1) In accordance with the present ordinance, the refusal of any legal or natural entity to hire a person on account of the applicant�s race, nationality, ethnic belonging, religion, social status or disadvantaged category one belongs to, beliefs, age, sex or sexual orientation shall constitute an offence, with the exception of the cases provided under the law.
(2) If, in any job advertisement or interview, the employer or employer�s representative set conditions related to the belonging to a race, nationality, ethnic group, religion, social status or disadvantaged category one belongs to, age, sex or sexual orientation, or the applicant�s beliefs, for filling in a position, except for the situation provided under Art. 2 paragraph 4, this deed shall constitute an offence.
(3) Natural or legal entities involved in mediating and distributing work places shall ensure the equal treatment of all applicants, their free and equal access to opportunities to consult the supply and demand of the labour market, to consulting on opportunities to obtain a job or a qualification, and shall refuse to support the employers� discriminatory requirements. All information related to the race, nationality, ethnic belonging, religion, sex or sexual orientation of applicants for a job or any other private information shall be confidential.

Art. 8 - Discrimination perpetrated by employers against their employees with regard to the social facilities they grant their employees on account of the employees� belonging to a race, nationality, ethnic background, religion, social status or disadvantaged category one belongs to, sex, sexual orientation or beliefs shall constitute an offence.

Art. 9 - None of the provisions of articles 5-8 shall be interpreted as a restriction of the employer�s right to refuse to hire a person that does not comply with the usual requirements and standards in the field, as long as the refusal does not constitute an act of discrimination under the present ordinance.

Section II. Access to legal, administrative and health public services, to other services, goods and facilities

Art. 10 � Under the present ordinance, discrimination of a natural entity or of a group of persons on account of their belonging or to the belonging of the management to a race, nationality, ethnic group, religion, social category or disadvantaged category, on account of their beliefs, age, sex or sexual orientation, if the deed does not fall under the incidence of criminal law, shall constitute an offence, with respect to:

    a) denying the access to public administrative and legal services
    b) denying the access of a person or of a group of persons to public health services - choice of a family doctor, medical assistance, health insurance, first aid and rescue services or other health services;
    c) the refusal to sell or rent a plot of land or building for housing purposes;
    d) the refusal to grant a bank credit or to conclude any other kind of contract;
    e) denying the access of a person or group of persons to the services provided by theatres, cinemas, libraries, museums and exhibitions;
    f) denying the access of a person or group of persons to the services provided by shops, hotels, restaurants, bars, discotheques or any other service providers, whether they are public or private property;
    g) denying the access of a person or group of persons to the services provided by public transportation companies - by plane, ship, train, subway, bus, trolley-bus, tram car, taxi or by any other means of transport;
    h) the refusal to grant a person or a group of persons certain rights or facilities

Section III. Access to education

Art. 11 - (1) Under the present ordinance, denying the access of a person or of a group of persons to the state-owned or private education system of any kind, degree or level, on account of their belonging to a race, nationality, ethnic group, religion, social category or to a disadavntaged category, on account of their beliefs, age, sex or sexual orientation, shall constitute an offence.
(2) The provisions of the paragraph above shall be applicable to all stages and levels of education, including admission or enrolment in education institutions and the assessment and examination of students� knowledge.
(3) Under the present ordinance, requiring a declaration to prove a person�s or group�s belonging to an ethnic group as a condition for access to education in their mother tongue shall constitute an offence. The exception to the rule is the situation when the candidates apply in the secondary and higher education system for places allotted specifically to a certain minority, in which case they must prove their belonging to that minority by means of a document issued by a legally established organisation of the respective minority.
(4) The provisions under paragraphs (1), (2) and (3) shall not be interpreted as a restriction of the right of an education institution to deny the application of a person whose knowledge and/or prior results do not meet the required admission standards of that institution, as long as the refusal is not determined by the person�s belonging to a race, nationality, ethnic group, religion, social category or to a disadvantaged category, by his/her beliefs, age, sex or sexual orientation.
(5) The provisions under paragraphs (1) and (2) shall not be interpreted as a restriction of the right of education institutions that train personnel employed in worship places to deny the application of a person whose religious status does not meet the requirements established for access to the respective institution.
(6) According to the present ordinance, any restrictions based on belonging to a race, nationality, ethnic group, religion, social category or to a disadvantaged category in the establishment and licensing of education institutions set up in accordance with the legal framework in force shall constitute an offence.

Section IV. Freedom of movement, choice of residence and access to public places

Art. 12 - (1) Any threats, constraints, use of force or any other means of assimilation, colonisation or forced movement of persons with a view to modify the ethnic, racial or social composition of a region or of a locality shall constitute an offence.
(2) According to the present ordinance, any behaviour consisting in forcing a person belonging to a race, nationality, ethnic group or religion, or a community, respectively, to unwillingly leave their residence, deportation or lowering their living standards with a view to determine them to leave their traditional residence shall constitute an offence. Forcing a group of persons belonging to a minority to leave the area or regions where they live or a group belonging to the majority population to settle in areas or regions inhabited by a population belonging to national minorities shall both represent violations of the present ordinance.

Art. 13 - (1) Any behaviour aiming to determine a persons or group of persons to move away from a building or neighbourhood or aiming to drive them away on account of their belonging to a race, nationality, ethnic group, religion, social category or to a disadvantaged category, on account of their beliefs, age, sex or sexual orientation, shall constitute an offence.
(2) The provision above shall not be interpreted as a restriction of the authorities� right to enforce urbanism plans, as long as the movement is effected under the law, and the measure is not determined by the person�s or group�s belonging to a race, nationality, ethnic group, religion, social category or to a disadvantaged category, by their beliefs, age, sex or sexual orientation.

Art. 14 - Under the present ordinance, denying the access of a person or of a group of persons to public places on account of their belonging to a race, nationality, ethnic group, religion, social category or to a disadvantaged category, to their beliefs, age, sex or sexual orientation shall constitute an offence.

Section V. The right to personal dignity

Art. 15 - Under the present ordinance, any public behaviour with a nationalistic-chauvinist character, any instigation to racial or national hatred, or any behaviour aiming to prejudice a person�s dignity or to create an intimidating, hostile, degrading, humiliating or offending atmosphere, perpetrated against a person, a group of persons or a community on account of race, nationality, ethnic group, religion, social category or belonging to a disadvantaged category, on account of beliefs, sex or sexual orientation shall constitute an offence, unless the deed falls under the incidence of criminal law.

Chapter III. Sanctions

Art. 16 - (1) The offences provided under articles 5-8, 10, 11 paragraphs (1), (2), (3), (6), 12, 13 paragraph (1), 14 and 15 of the present ordinance shall be sanctioned with a lei 1,000,000 to lei 10,000,000 fine if perpetrated against a natural entity or with a lei 2,000,000 to lei 20,000,000 fine if perpetrated against a group of persons.
(2) The sanctions shall also be applicable to legal entities.
(3) The offences provided under Chapter II shall be found and sanctioned by the members of the National Council for the Prevention of Discrimination. The provisions of Law 32/1968 on Establishing and Sanctioning Offences, with its subsequent modifications and completions, shall be enforced accordingly.
(4) The fines provided in the present ordinance shall be updated in accordance with the provisions of article 7š of Law 32/1968 on Establishing and Sanctioning Offences, with its subsequent modifications and completions.

Art. 17 - (1) In all cases of discrimination provided by the present ordinance, the persons discriminated against shall be entitled to claim damages, proportionally with the prejudice, as well as to the re-establishment of the situation prior to the discrimination or to the annulment of the situation created by discrimination, in accordance with common law.
(2) The claim for damages shall be exempted from judicial taxes.
(3) Upon request, the court can order that the competent authorities withdraw the licence of legal entities that significantly prejudice society by means of a discriminatory action or, although have caused a minor prejudice, repeatedly violate the provisions of the present law.

Art. 18 - (1) Non-governmental organisations with activities in the field of human rights can appear in court as parties in cases involving discriminations pertaining to their field of activity and which prejudice a community or a group of persons.
(2) The organisations provided in the above paragraph can also appear in court as parties in cases involving discrimination that prejudice a natural entity, if the latter delegates the organisation to that effect.

Law on Education no. 151/1999 (official translation)

Art. 5. � (1) The Romanian citizens have equal rights of access to all levels and forms of education, irrespective of their social or material background, sex, race, nationality, political or religious belonging.

(...)

Art. 8. (...)
(2) In each locality units, forms or study groups are organized and function with tuition in Romanian language and, if necessary, in the languages of national minorities, or their schooling in native language is ensured in the nearest possible locality.
(3) The learning of the Romanian language in school, as the official language of the State, is compulsory for all Romanian citizens irrespective of their nationality. The curricula must include the necessary number of hours and, at the same time, shall ensure the conditions to grant the mastering of the official language of the state.

Art. 118. � Persons belonging to national minorities have the right to study and receive instruction in their native language, at all levels and forms of education with appropriate request, according to the present law.

Art. 119. � (1) Taking into account local needs, groups, classes, sections or school units with teaching in the languages of national minorities may be established, at request and in accordance with the provisions of this law.
(2) Paragraph (1) of this article shall be implemented without prejudice to the learning of the official language and the teaching in this language.

Art. 120. � (1) In primary schools Romanian Language and Literature is taught according to curricula and textbooks specially conceived for the respective minority. In middle schools Romanian Language and Literature is taught according to identical curricula as for grades with tuition in Romanian, but from special textbooks. In secondary schools Romanian Language and Literature curricula and textbooks are identical as for grades with tuition in Romanian.
(2) In primary schools with tuition in the languages of national minorities, the History of the Romanians and the Geography of Romania are taught in these languages, according to identical curricula and textbooks as for the grades with tuition in Romanian; it is compulsory to transcribed and acquired the toponymy and Romanian proper names. In middle schools and in secondary schools, the History of the Romanians and the Geography of Romania are taught in Romanian, according to the same curricula and the same textbooks as for the grades with tuition in Romanian. Examination in the History of the Romanians and the Geography of Romania shall be taken in the language in which it was studied.
(3) In curricula and textbooks of world history and the History of the Romanians the history and the traditions of national minorities in Romania shall be also reflected.
(4) In middle school the subject of study the History and the traditions of national minorities shall be introduced, at request, in the native language.

Art. 121. � Pupils belonging to national minorities that attend schools with tuition in Romanian shall be granted, at request and according to the present law, the study of the Language and the literature of the native language as well as the history and traditions of the respective national minority, as school subjects.

Art. 122. � In public vocational, secondary, and specialized post-secondary education where specialist training is provided in the native language, at request and according to the present law, it is compulsory to acquire the special terminology in Romanian language as well.

Art. 123. � (1) Within higher educational institutions run by the state, groups, sections, colleges, faculties teaching in native language may be organized, according to the law, at request. In this case, the acquiring of the specialized terminology in Romanian language shall be assured. At request and according to law, multicultural higher educational institutions can be established. The languages of teaching shall be determined in the foundation law.
(2) Persons belonging to national minorities shall have the right to set up and manage their own private higher educational institutions according to the law.
(3) Institutions of higher education with multicultural structures and activities shall be encouraged for promotion of harmonious inter-ethnic relations and of integration both at national and European level.
(4) All Romanian citizens can register and study at all educational forms teaching in Romanian or in the languages of national minorities irrespective to his native language or to the language in which they studied previously.

Art. 124. � In education at all levels entrance and graduation (school leaving) examinations can be taken in the language in which the respective subject matters have been studied, according to the present law.

Art. 125. � The Ministry of National Education provides the training and the further training of the teaching staff, as well as the school textbooks and other didactic material.

Art. 126. � The teaching staff belonging to national minorities shall be proportionally represented in the managing boards of educational units and institutions with classes, sections and groups providing tuition in the languages of national minorities, in compliance with their professional competence.

Law 188/1999 on the Statute of Public Servants

Art. 99. - In administrative-territorial units in which the percentage of persons belong to a national minority is more than 20%, some of the public servants in direct contact with citizens should also know the language of that national minority.

Local Public Administration Law, no. 215/2001 (translation from the website of The Romanian Urban Planners Association)

Article 17
In the administrative-territorial units where more than 20% from the inhabitants number are citizens belonging to a national minority, the local public administration authorities have to use in the relations with them their mother tongue, according to the Constitution, to the present law and to the international conventions signed by Romania.

...

Article 40
...
7. In the communes or cities where more than 20% from the inhabitants� number are citizens belonging to a national minority, the local council session�s agenda have to be also publish in their mother tongue.

...

Article 43
...
3. In the session�s workings is used Romanian language. In those local councils where at least 1/3 from the total councilors� number are persons belonging to a national minority, in the local council�s workings will be used their mother tongue. In those cases the Romanian translation must be ensured through the mayor� care.

...

Article 51
In the administrative-territorial units where more than 20% from the inhabitants number are citizens belonging to a national minority, the normative character decisions have to be published and the individual character decisions have to be communicated in the minorities mother tongue.

...

Article 90
1. In the relations between the citizens and the local public administration authorities it is used the Romanian language.
2. In the administrative-territorial units where more than 20% from the inhabitants number are citizens belonging to a national minority they can use in their relations with the local public administration authorities and their specialists body the citizens mother tongue, oral or in writing. They will receive the answer to their problem both in Romanian and their mother tongue.
3. In the cases stipulated in paragraph 2 in the public relations offices must be hired persons that speaks the minorities mother tongue.
4. In the situations stipulated in paragraph 2 the local public administration authorities have to ensure the inscription of the localities� name and the subordinated public institutions� name as well as the publishing of the public interest announcements in the minorities mother tongue.
5. The official deeds are always and compulsorily elaborated in Romanian language.

...

Article 106.
...
8. In that counties where more than 20% from the inhabitants number are citizens belonging to a national minority the county council�s session agenda have to be also communicated to them in their mother tongue.

Penal Code of Romania (official translation)

Art. 247 - Abuse in duty by restriction of rights
Offence committed in the course of duties by a civil servant who restricts employment or the exercise of the rights of an individual or who places an individual in a situation of inferiority for reasons of nationality, race, sex or religion shall be punished by a term of imprisonment of between 6 months and 5 years.

...

Art. 317 - Nationalist chauvinistic propaganda
Any nationalist chauvinistic propaganda or incitement to racial or national hatred which does not constitute an offense under Article 166shall be punishable by a term of imprisonment of between 6 months and 5 years.

Penal Procedure Code of Romania

The language of penal proceedings
Art. 7. - During the legal proceedings is used the Romanian language. In the judiciary authorities from administrative-territorial units inhabited also by other ethnic groups than Romanian, is assured the use of mother tongue of that population.

Use of official language by translator
Art. 8. - party�s who did not speak the language of penal proceedings are assured the possibility to know the documents of file to speak to the court at to conclude by translator.

Law no. 178/1997 to Approval and Payment of Interpreters and Translators Used by Penal Investigation Authorities, Courts, Notaries Offices, Attorney and by Ministry of Justice

Art. 1. - (1) Ministry of Justice and Prosecutor Office Near Supreme Court of Justice are authorised to engage, by civil convention, according to Law no 83/1995 Regarding Some Measures to Protect Engaged Persons, interpreters and translators to effect translations in and from foreign languages.
(2) Courts, Prosecutor�s Offices and penal investigation authorities use interpreters and translators, in condition of Penal Procedure Code and Civil Procedure Code, by case.
(3) Notaries offices use interpreters and translators in condition of Law on Notaries and Notarial Activities no. 36/1995.
(4) Attorney could engage and use interpreters and translators with purpose of exercise they profession, in conditions of law.

Art. 2. - Interpeter and/or translator activities to courts, prosecutor offices, penal investigation authorities, notaries offices, attorneys and to Ministry of Justice are offered by persons certifed in profession and authorised by Ministry of Justice.

Art. 3. - Authorisation as interpeter and/or translator, who could offer translation to authorities stipulate in art. 1, could be obtain, by application, by persons who cumulative fulfil the following conditions:
a) is Romanian citizen;
b) do not have penal record and enjoy a good professional and social reputation;
c) posses a licence or equivalent diploma, from which result the specialisation in foreign language or languages for it solicit authorisation or is certified as translator by the Ministry of Culture.

Emergency Ordinance to Prohibit Fascist, Racist or Xenophob Organisations and Promote of Personal Cult of those who are Guilty with some Crimes against Peace and Humanity no. 31/2002

Chapter I
General dispositions

Art. 1. - To prevent and combat incitment to national, racial, and religious heat, to discrimination and to commit crimes against peace and humanity, this emergency ordinance regulate the prohibition of fascist, racist or xenophob organisations and of personal cult of those who are guilty with some crimes against peace and humanity.

Art. 2. - This emergency ordinance:
a) by fascist, racist or xenophob organisations mean any group formed by three or more persons, who activate temporary or permanent to promote fascist, racist or xenophob ideology, concepts or doctrines, also ethnic, racial, religious motivated heat and violence, superiority of some races and inferiority of others, antisemitism, incitement to xenophobia, use of violence to change constitutional order or democratic institutions, extremist nationalism. In this cathegory could be included organisations, being legal entity or not, parties and political movements, associations and foundations, commercial firms, also other legal entities;
b) by fascist, racist, xenophob symbols mean flags, badges, coats, uniforms, slogans, greetings, also other similar signs, which promote ideology, concepts, doctrines from letter a);
c) by persons guilty to commit some crimes against peace and humanity mean any person who was sentenced by a Romanian or foreign court for one or more crimes against peace and humanity, also any person sentenced by an international penal court for warcrimes or crimes against humantity.

Chapter II
Delinquencies and contraventions

Art. 3. - (1) The constitute of a fascist, racist or xenophobic organisation is punished by imprisonment between 5 and 15 years and interdiciton of some rights.
(2) The same punishment is for the join to fascist, racist or xenophobic organisation, also for the support in any way of those organisations.
(3) Attept is punished.

Art. 4. - (1) Distribution, sale or preparation of fascist, racist or xenophobic symbols, intention to distribute these symbols is punished by imprisonment between 6 months and 5 years and interdiction of some rights.
(2) The same punishment is applied for the use in public of fascist, racist or xenophobic symbols.
(3) Provisions of para. (1) or (2) are not illegal if they are committed in the interest of art or science, research or education.

Art. 5. � The promotion of devotion to persons guilty to commit crimes against peace, humanity or promoting fascist, racist or xenophobic ideologies, by propaganda, comitted in any way, in public, is punished by imprisonment between 6 months and 5 years and interdiciton of some rights.

Art. 6. � Contest or negation in public of the Holocaust or his effects , is punished by imprisonment between 6 months and 5 years and interdiciton of some rights.

Art. 7. - In case of delinquencies from art. 3-6 the penal investigation is carried out, obligatory, by prosecutor.

Art. 8. - (1) Are contravention and punished by fine from 25.000.000 Lei to 250.000.000 Lei:
a) distribution, sail or prepare of fascist, racist or xenophobic symbols, detain to distribution of this symbols by legal entities;
b) use in public of fascist, racist or xenophobic symbols symbols by legal entities;
c) the promote of the cult of persons guilty to commit crimes against peace, humanity or promoting fascist, racist or xenophobic ideologies, by propaganda, comitted in any way, in public, by legal entities;
(2) Provisions of para. (1) a) or b) are not contraventions if are comitted in the interest of art or science, research or education.
(3) Establishing of contraventions and apply of fines are made by persons authorised by the Ministry of Culture, also by special authorised persons of the Ministry of Internal Affairs.

...

Chapter IV
Duties of public administration

Art. 12. � Is prohibited to erect or mentain, in public places, excepting museums, of statues, memorials referring to persons guilty to commit crimes against peace and humanity.

Art. 13. - (1) Is prohibited to accord to streets, squares, parcs and other public places the names of persons guilty to commit crimes against peace and humanity.
(2) Is prohibited also to accord to organisations, with or without to be legal entities, the names of persons guilty to commit crimes against peace and humanity.

Strategy of the Government of Romania for Improving the Condition of the Roma, the Government of Romania, Ministry of Public Information, 2001 (official translation)

VII. Lines of action

A. Community development and administration

1. Organizing, at local/county levels, mixed working groups, made up of elected representatives of that community, of decentralized structures of the central administration, of NGOs of the Roma and the Roma minority, in order to evaluate the main needs of the Roma community and to apply the programs for their support.

2. Creating the legal frame by which the ministries and central/local agencies, their decentralized structures are able to finance proje cts and sectorial programs to improve the situation of the Roma.

3. Setting up the National Council Against Discrimination and including Roma representatives in this structure.

4. Setting up structures for implementing the strategy at the level of ministries, prefectures and town halls.

5. Initiating and developing some educational actions regarding the fight against discrimination targeted at civil servants in the central and local public administration.

6. Monitoring the application of Emergency Ordinance No. 137/2000 and punishing the civil servants who have committed discriminative actions against citizens.

7. Conditioning the civil servants recruitment and promotion of civil servants on the "non-discrimination" criterion in dealing with other people.

8. Developing collaboration between public administration structures and Roma NGOs on a partnership basis; including the Roma community leaders in the local administrative decision-making which affects the Roma.

9. Implementing positive discrimination programs for Roma regarding employment in the structures of central/local public administration.

B. Housing

1. Solving the issues relating to the right of ownership on the Roma dwellings and lands, the issues related to application of laws and regulations concerning the constitution a nd reconstitution of the land ownership right, including promotion of legislative initiative in this area.

2. Conceiving and implementing programs to rehabilitate housing and the environment in inhabited by Roma.

3. Developing certain financing programs, ensure d by the government or in partnership, in order to ensure the minimum conditions of housing in the areas inhabited by Roma (power, drinking water, sewerage, gas and sanitation services).

4. Developing the welfare housing program for the families with many members and without any living support.

5. The direct involvement of the Roma in the government programs for building and restoration of dwellings.

C. Social security

1. Improving Roma access to public services.

2. Conceiving and implementing specific programs for the professional training and reorientation of the Roma.

3. Training the personnel of professional formation and occupation services regarding the employment in the labor market for the Roma minority.

4. Supporting the young Roma graduates in order to get jobs and monitoring the professional evolution of the university-educated young Roma, according to the legislation in force.

5. Providing subsidies to the non-governmental organizations of the Roma that function and manage certain units of social assistance.

6. Increasing the fiscal incentives for enterprises that hire persons from the families with many children and without any living support.

7. Increasing the welfare allowances for families with many members and without any living support.

D. Health care

1. Improving Roma access to the public medical services, preventive and curative, by creating a system of health visitors, conceiving and implementing specific prophylactic and treatment programs.

2. Training Roma health visitors, nurses and physicians, within the Roma communities.

3. Identifying solutions for including the Roma in the Health Insurance system, registering with the family doctor, compensation for prescription charges etc.

4. Conceiving and implementing health care information programs, medical consulting and family planning for Roma women, emphasizing the protection of mother and child.

5. Organizing vaccination campaigns in the communities of Roma through some joint commissions formed of the local and DSP (Epidemiological and Communicable Diseases Department) medical staff and the Roma representatives.

6. Organizing campaigns in order to trace the TB, HIV/AIDS, dermatological affections, sexually communicable diseases etc.

7. Accomplishing certain epidemiological studies regarding the general state of health.

8. Increasing the number of medical staff originating in the Roma community by setting aside special openings for the Roma students in the state medical universities.

E. Economic steps

1. Starting and carrying out projects of training and profesional reorientation for the Roma.

2. Ensuring incentives for the practice and revival of traditional handicrafts with demand in the market.

3. Devising and implementing specific financing programs for lucrative activities and small businesses for the Roma families and communities, including Roma women.

4. Curbing the unemployment rate of the Roma by creating certain incentives for the entrepreneurs that hire persons from the Roma minority and fighting against any forms of discrimination in hiring the Roma.

5. Drafting programs for getting land ownership and stimulating the agricultural activities for the Roma communities.

6. Supporting under the legislation in force the Small and Medium Enterprises (SMEs) owned by persons from the Roma community through the soft credit system.

7. Including the disadvantaged Rom communities in the selection criteria for the disadvantaged regions; devising and implementing programs for their rehabilitation.

8. Encouraging projects for creating jobs for the women of Roma origin.

F. Justice and public order

1. Analyzing and estimating the discriminating effects of the regulations in force and improving the current legal system.

2. Observing the basic human rights, the political and social civil rights and also the ethnic minorities� rights according to the international norms and obligations assumed by Romania.

3. Solving the cases of the stateless Roma in Romania.

4. Developing local programs with the help of the Roma organiz ations in order to get identification cards for the Roma with no living support.

5. Developing information programs for the Roma leaders, the executive board of the public institutions and non-governmental organizations (NGOs) in order to trace and correctly solve the discrimination cases.

6. Identifying, preventing and operative solving of conflicts likely to generate family, community or interethnic violence.

7. Initiating programs of legal education and delinquency prevention together with the members of the Roma communities.

8. Hiring citizens of Roma origin in the public order services and the police force.

...

H. Education

1. Drafting a program for encouraging school attendance and cutting down dropping out, particulary with the poor segments of the Roma population.

2. Analyzing the possibility of organizing secondary and vocational school institution for the Roma (arts and trades, vocational education, formation and professional reorientation).

3. Drafting and implementing programs for school mediators� training, as well as improvement programs for teachers within the intercultural educational system.

4. Introducing the themes for preventing and fighting discrimination within the general school programs.

5. Introducing teaching modules for the Roma social and economical problems into the training programs of the specialists in public administration, social assistance, health, police and education.

6. Drafting and implementing programs for encouraging Roma parents to participate in school and extra curricular educational process.

7. Adopting legislative measures for Roma support, in order to pro vide them with incentives as far as education is concerned and in order to promote the Roma for jobs within schools administration (principals and school inspectors).

8. Further granting incentives and subsidized places especially for young Roma who wish to attend universities or colleges.

9. Obligation of the school units and county school-inspectorates to organize permanent catch-up courses for Roma, throughout all the approved forms of education, upon individual or Roma organizations� request.

10. Drawing the attention of the young Roma towards institutions that form civil servants and the staff for public institutions (faculties of social assistance, public administration, medicine, military academies and schools for officers and non-commissioned officers for Police Departments, Ministry of National Defense, RSS etc.).

11. Stimulating the access to education by offering a free lunch to all the pupils in primary and secondary schools.

...

VIII. Structures:

The following structures are established for the purpose of a proper organization and coordination of the Master Plan of measures for the application of the Strategy of improvement of the Roma condition:

1. The Joint Committee of Implementation and Monitoring

2. Inter-ministerial commissions on Roma

3. County offices on Roma

4. Local experts on Roma affairs

...

3. County Offices on Roma

The county offices on Roma are structures organized at a county level, within the prefect�s offices and they are subordinated to the Ministerial Commission on Roma under the Ministry of Local Public Administration.

The offices� main responsibilities are the organization, planning and coordination of the activities conducted at a county level for the implementation of the targets and tasks in the Master Plan of measures for the implementation of the Strategy.

The county offices on Roma are subordinated to the Joint Committee of Implementation and Monitoring of the Strategy of improvement of the Roma condition. The county offices on Roma will include 3-4 experts, one of whom must be a member of the Roma community.

4. Local experts on Roma affairs

The local experts on Roma affairs operate under the mayoralties and are responsible for the unfoling at as local level of the actions for the improvement of the Roma condition. They are subordinated both to the county offices on Roma and to the mayor. The local experts are the chief mediators between the public authorities and the Roma communities.

At the communes� level, the office of expert on Roma affairs is performed by a mayoralty official, as a cumulated function.

To the end of concerting the efforts toward the implementation of the targets of the Strategy of improvement of the Roma condition, under the partnership between the public administration and the civil society, a foundation of public interest on Roma affairs will be established.

Its purpose will be to attract and administrate extra-budgetary funds from the country and abroad, in view of financing programs and projects seeking the implementation of the targets of the Strategy of improvement of the Roma condition.

With a view to evaluating and selecting the projects of implementation of the Stategy, a Comission of Project Evaluation will be set up, consisting of representatives of the public administration, leaders of the Roma community and representatives of the foundation of public interest on Roma affairs.

The setting up of the structures for the implementation and monitoring of the strategy of improvement of the Roma condition will proceed consistent with the schedule of activities included in the Master Plan of measures for the application of the Strategy of improvement of the Roma condition.

Law on Guaranteed Minimal Income no. 416/2001

Art. 1. - (1) Families and single persons, Romanian citizens, have the right to a guaranteed minimal income as a form of social aid.
(2) Guaranteed minimal income is assured by awarding a monthly social aid, in conditions of this law.

...

Art. 4. - (1) The level of guaranteed minimal income is:
a) 1.134.000 Lei for families of 2 persons;
b) 1.575.000 Lei for families of 3 persons;
c) 1.953.000 Lei for families of 4 persons;
d) 2.331.000 Lei for families of 5 persons;
e) 157.500 Lei for each additional family member for families with more than 5 persons;
(2) In the situation of single persons, the level of guaranteed minimal income is 630.000 lei.59
(3) The level of guaranteed minimal income is annually mandated by government decrees, consideringchanges in the price of consumer goods.

Art. 5. - (1) The quantity of social aid is established as a difference between incomes stipulated in art. 4 and monthly income of the family or single person.
...

Art. 6. - ...
(2) Persons able to work from beneficiary families will work monthly up to 72 hours, at the request of the mayor, in local interest, respecting the normal requirements of the job, security and hygiene norms.
 
 

NOTES

1. In Mureş county not, but in Babeş-Bolyai University of Cluj exists German language university education.

2. Subordinated to the Ministry of National Education and Research.

3. Under the communist regime, the Greek Catholic Church was prohibited and its� properties were given to the Orthodox Church. After 1989, because the Romanian Government refused to solve the situation, the property problems created tensions between the two churches.

4. Because of tolerance decrees issued in the 16th century, in Transylvania did not take place religious wars between Catholics and Protestants.

5. In January 1990 acts committed during the revolution of December 1989 were amnestied. The prosecutor considered that burning of Roma houses in January was part of the revolution.

6. SŁtő AndrŠs, Hungarian � Herder priced � writer, lost one eye during the events.

7. Only a few typical cases are presented.

8. Groups of children learn using curricula prepared by churches chosen by their parents. Minor (i.e. Neo-protestant) churches, because there are a fewer pupils, do not have the same possibility.

9. Those invited included: Ştefan Someşan (inspector chief of the Mureş County School Inspectorate), Olga Markus (Roma inspector), Cristina Drescan (German inspector), DŠnť KŠroly (expert of Democratic Alliance of Hungarians in Romania), Nicolae Turcata (Roma expert of Mureş Prefecture), Balog Pťter (leader of Dealului Roma community). Cristina Drescan did not participate.

10. Also invited were: Ovidiu Natea (Prefect), Nicolae Turcata (Roma expert of Mureş Prefecture), VirŠg GyŲrgy (president of Mureş County Council), Dorin Florea (mayor of TÓrgu-Mureş), Lengyel Lazar (Roma expert of the Mayor's Office, TÓrgu-Mureş), Győrfi MŠria (general director of Mureş Labour and Social Solidarity Department), Carmen Vamanu (inspector chief of TÓrgu-Mureş Teritorial Labour Inspectorate), Reghina Fărcaş (executive director of Mureş County Agency for Workplaces). Cornel Brişcaru (Director of Prefecture) participated instead of Ovidiu Natea. VirŠg GyŲrgy, Dorin Florea and Lengyel Lazar did not participate.

11. The following were invited to participate: Vasile Cotoară (chief of the Mureş County Police Inspectorate), Vasile Costea (first prosecutor, Prosecutor Office near Court of TÓrgu-Mureş), Ilie Verza (president, Court of TÓrgu-Mureş), SzŲllősy Gťza (commandant of TÓrgu-Mureş Penitentiary), Nicolae Turcata (Roma expert of Mureş Prefecture), Frunda GyŲrgy (lawyer, senator, Democratic Alliance of Hungarians in Romania), Petre Zelariu (leader of the Roma Party, Mureş branch), Sauber Bernath (leader of the Mureş county Jewish Community). Participating were SzŲllősy Gťza and Nicolae Turcata.

12. This was decided at the meeting with sociologists, on 10 April 2003. Participants included: Laura Ardelean, Dťzsi Jůzsef and Andreia Moraru.

13. For the current situation, information was considered to be confidencial and it was not communicated. The positive changes from school year 2002-2003 was to accept the request of the Hungarian community to restrore the situation of Bolyai Farkas High School, becoming a Hungarian language high school.

14. Only for high schools and regular students: 3940 places, 2905 in Romanian (73.7%), 1005 in Hungarian (25.5%), 40 in German (1.0%).

15. The results could be not considered to be representative.

16. In majority they was youth. The results could be not considered to be representative.

17. The need exists, experiences are different.

18. Conflicts between classes exists also in monolingual schools, because teachers creates competition situation between different classes, in multilingual schools this conflicts gain also an ethnic aspect.

19. Some are considered to be bilingual and also by mother tongue, speaking fluent Romani at home and Hungarian or Romani and Romanian.

20. Some are considered to be bilingual and also by mother tongue, speaking fluent Romani at home and Hungarian or Romani and Romanian.

21. The Rozmarin Center is working under the Mureş County Council.

22. The census in 1992 in Sighişoara found 76.3% Romanian, 19.7% Hungarian, 3.6% German, 0.4% Roma. Total population: 36,170.

23. The number of persons who need the aid is around 14,000.

24. Because of the low number of persons questioned; the results have only an informative role.

25. The questionnaires were in Romanian, all of the questioned persons know Romanian, but only 50% of those questioned did not consider Romanian as "other spoken language".

26. A meeting with Reghina Fărcaş, executive director of Mureş County Agency for Workplaces was asked after 9 May, but, by different excuses of the representative of the authority, did not took place.

27. Generally, if the jobfairs are not for Roma, arround 1000 workplaces are in the county.

28. To the question regarding ethnicity, 31% refused to answer. One of them explained that Romanians are the majority, not an ethnic group.

29. No answer was considered that the public servant believes that discrimination does not exist.

30. Mayor of TÓrgu-Mureş declared, "We do not need perfumed Gypsies". Regarding this declaration Marius Emil Paşcan considered that the mayor wanted only to express that he needs Roma persons who are able to work at the grassroots level.

31. By non-official information, 25% of public servants are Hungarian.

32. In the very small office, called since 1 April 2003 Office of Strategy and Development for Roma, where Roma are working in the Mayor's Office of TÓrgu-Mureş, there exists only a typewriter, without a phone or a fax.

33. To the question regarding ethnicity, 24% of Romanians refused to answer. One mentioned: "ethnicity?? Romanian citizenship". One Hungarian mother tongue person considered himself to be, by ethnicity, catholic, others declared to be Hungarians.

34. The questionnaires were in Romanian, all of the questioned persons know Romanian, but 60% of the questioned persons did not consider that "other spoken language" could include the Romanian language. Similar stereotype existed as between Romanians regarding ethnicity.

35. To this question asnwered also persons who did not have a direct experience.

36. During interviews, persons declared that they are not shure if the letter is sent in Hungarian, they will obtain an answer in time. Others declared that, because the usage, is easier to formulate an official letter in Romanian.

37. Other Roma communities or investigations did not confirm this information.

38. According to the census in 1992, the ethnic composition of TÓrnăveni was as follows: 77.9% Romanian, 19.6% Hungarian, 1.9% Roma, 0.6% German. Total population: 30,520.

39. The town was founded by the Hungarian community, named DicsőszentmŠrton and called in Romanian DiceusÓnmartin.

40. In 1992, the census in Sovata showed 90.9% Hungarian, 8.4% Romanian, 0.6% Roma. Total population: 12,112.

41. Police of Mureş County obstructioned the study, not by a direct refusal, but by excuses motivated by lack of time, very busy schedual, etc.

42. Represents almost 1 case in a workday for a prosecutor.

43. An average of one penal investigation and indictment in a workday, participation in 1000 cases in the court in a year.

44. Around 550 cases for a judge in a year.

45. Generally authorized translators are teachers or persons working in other domains, they are not employees of the prosecutor�s offices or justice courts.

46. For Germans, because the low number of questionned persons, statistics are not representative.

47. In the most of the cases, detained persons did not aswered to this questions. One mentioned: "we are asking, but translations are not offered, but it is unconfortable to answer this".

48. Members of Romanian community did not have experiences of use of minority languages in legal proceedings.

49. In Mureş county not, but in Babeş-Bolyai University of Cluj exists German language university education.

50. For example one school book states that  Hungarians have their origin in Central Asia and not in the zone of the Ural mountains. Hungarian personalities, with translated names, are transformed to Romanians. An example is GyŲrgy Důzsa, a rebel paisant who was sentenced to death is named Gheorghe Doja and tranformed into a Romanian hero who was killed by the Hungarians.

51. In primary education, the percentage is less than in higher education.

52. Hungarians could be more interested in know of legislation regarding use of mother tongue in public administration.

53. Percentage is higher where Hungarian public servants does not exists, lower where they number is important.

54. Lower percentage where Roma expert still exists.

55. Only 23.412 with Romani mother tongue.

56. Among them, 156 Mosaic.

57. Between number of questionned persons and number of persons counted differences are shown. Some persons refused to aswer the questionnaires, others were not at home or in the workplace.

58. Not representative for Romanian and Hungarian community. The reason was to obtain some information from the communities regarding feelings, attitudes.

59. By Decree 1037/1992, the level of guaranted minimal income is: 1.328.000 Lei for families formed by 2 persons; 1.845.000 Lei for families formed by 3 persons; 2.285.000 Lei for families formed by 4 persons; 2.728.000 Lei for families formed by 5 persons; 184.500 Lei for each family member for families with more than 5 persons; 740.000 Lei for lonely persons.