Romania: Information on the situation of teachers in Romania, specifically with respect to unionization, freedom of political expression outside the classroom, and recourse for teachers dismissed for expressing political opinions

Until the ouster of President Nicolae Ceausescu in late December 1989, there was a single, official trade union federation in Romania. It was replaced by the "Provisional Committee for the Formation of Free Trade Unions in Romania" a few days after Ceausescu's fall from power (Trade Unions of the World 1992-93 1991, 388). That committee soon became Romania's largest umbrella union, the National Confederation of Free Trade Unions of Romania (CNSRL), which included as one of its member organizations, the federation that covered teachers (ibid.). In mid-June 1993, the CNSRL merged with a number of other trade union federations, including Fratia, to become CNSRL-Fratia (Rompres 15 June 1993; Tineretul Liber 31 May 1993; Country Reports 1993 1994, 1021). The leader of the CNSRL, Victor Ciorbea, became the chairman of the CNSRL-Fratia (ibid.). According to a representative of the CNSRL-Fratia, Ciorbea is also the president of the main federation of teachers unions

(11 May 1994).

According to Country Reports 1993, Romania approved labour legislation in 1991 that "stipulates that labor unions are independent bodies, free from government or political party control" (1994, 1021).

A few reports provide information on the issue of unionization of teachers. In March 1991 the "Education Free Trade Union Federation" met in Bucharest under the theme "democratization, salaries, liberalization," to protest the failure of the Ministry of Education and Science, as well as two other ministries involved in educational issues, to create "proper social and professional conditions" for teachers (Rompres 23 Mar. 1991). In May 1992 Rompres reported on a meeting between government officials and representatives of the "teachers' union," but the report did not indicate what specific issues were discussed (Rompres 22 May 1992). Sources of information currently available to the DIRB do not provide or have information specifically on the political perspective (pro-government, pro-communist) of the current leaders of the federation of teachers unions.

Sources consulted do not provide specific information on issues related to political expression by teachers outside the classroom, such as, for instance, whether teachers are prohibited from being members of certain political parties. The issue of school instruction in a minority language has become heavily politicized, particularly in the Transylvania region (Helsinki Watch Sept. 1993, 19-22). In this respect, ethnic Hungarian language teachers have reported cases where local authorities have hindered instruction in Hungarian and tried to reintroduce classes taught in Romanian into Hungarian schools (ibid., 32-33).

In May 1993, the Ministry of Education issued a directive (No. 29633) stipulating that all "persons employed in the field of education" would have to receive the authorization of the ministry to travel abroad (ibid., 37).

In June 1993, two ethnic Hungarian school officials lost their jobs for reasons related to the above-mentioned issues. First, the principal of a lyceum in Bihor county was fired after he travelled to Belgium without the approval of the Ministry of Education, despite the fact that Directive No. 29633 went into effect after his departure (ibid., 37). Then Attila B lint Kelemen, the principal of Brassai S muel Lyceum in Cluj, was dismissed by the county school board for, inter alia:

having conducted a teachers meeting in Hungarian, as opposed to Romanian, and for having held two separate graduations, one for Hungarian pupils and one for Romanian pupils, although this solution had apparently been approved by the teachers and pupils of the school (ibid., 34).

In the case of B lint, the Ministry of Education conceded that the county school board wrongfully dismissed him, but Helsinki Watch reports that as of September 1993, the authorities had not enforced the law in order that he be reinstated (ibid., 35). Additional information on the mechanisms available to teachers who may have been dismissed for political reasons is currently unavailable among the sources consulted.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

CNSRL-Fratia, Bucharest. 11 May 1994. Telephone interview with representative.

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office. Helsinki Watch. September 1993. Struggling for Ethnic Identity: Ethnic Hungarians in Post-Ceausescu Romania. New York: Human Rights Watch.

Rompres [Bucharest, in English]. 15 June 1993. "Iliescu Sees Union Merger as Positive." (FBIS-EEU-93-115 17 June 1993,

p. 21)

. 22 May 1992. "Government Spokesman Holds Weekly News Conference." (FBIS-EEU-92-101 26 May 1992, p. 28)

. 23 March 1991. "Education TU Meeting Demands Decent Conditions." (FBIS-EEU-91-057 25 Mar. 1991, p. 36)

Tineretul Liber [Bucharest, in Romanian]. 31 May 1993. "Union Leader Discusses New Confederation." (FBIS-EEU-93-107 7 June 1993, pp. 30-31)

Trade Unions of the World 1992-93. 1991. Revised and updated by Martin Upham. Harlow, Essex, UK: Longman Group UK Ltd.