February 5, 2009
Mr. Traian Basescu
President of Romania
Mr. Emil Boc
Prime Minister of Romania
Dear Mr. President,
Dear Mr. Prime Minister,
I am writing about a matter of which you are already quite aware, namely the legislation now pending before Parliament known as PL 368/2007. I am the bishop of the Romanian Greek-Catholic Eparchy of St. George, whose see is located in Canton, Ohio, USA. As bishop, I have the pastoral care of all Romanian Greek-Catholics in the United States.
I am quite astonished and dismayed that this legislation, which received no positive recommendation and was defeated in the Senate when first introduced, has again seen the light of day. It is beyond my comprehension that, twenty years after the defeat of the tyrannical Ceausescu regime, a country now a part of NATO and the European Union could even consider passing a law that so brutally tramples fundamental human rights and freedoms. In its conception and intent, it is more worthy of a totalitarian dictatorship than of a free people. While purporting to offer fair and just treatment as regards the properties of (only) two of Romania’s several recognized religions, it relies upon the illegitimate application of the principles of majority rule and proportionality to settle disputed property claims by legislative fiat.
The law is unjust in that denies the right of Romanian citizens and their free institutions to own and keep property. It attempts to settle conflict by the granting of privilege to one group of citizens at the expense of the just demands of another group. It imposes the dictatorship of the majority while failing to secure the rights of the minority. It overlooks the just distinction between rightful ownership and unlawful possession.
The law is impractical as well. Even if its legitimate aims were clear (and they are not), I fail to see how it could achieve them. It does nothing to establish justice or strengthen the rule of law in your country. It will not result in anything more than the consternation and ridicule of the international community, despite the veneer of democratic process being pursued in its adoption. It will do nothing to promote harmony among the various elements of Romanian society; on the contrary, religious and ethnic minorities throughout the land will see the hand of totalitarianism behind it and, fearing for themselves and their own interests, are likely to react accordingly.
This law will do nothing whatsoever to make Romanians better and more engaged citizens of their own republic. It will instead spread a sense of cynicism and despair that will only make them more ripe for new despotism. It will subvert the judicial process, which is the proper forum for the resolution of disputed claims, with the raw exercise of legislative hubris.
Finally, the law is itself immoral. It is unmistakably, indeed rather brazenly, an act of religious persecution masquerading as democracy. It renders patent the heretofore subtle prejudice in Romanian society that sees Greek-Catholics as, at best, second-class citizens, if not actually traitors to their nation, whereas the Greek-Catholic church was the very cradle of Romanian national identity and the engine of Romanian national unity from its inception through the Great Union of 1918.
This legislation enshrines religious persecution in Romanian law and establishes Stalinist social engineering, seen in the unsuccessful attempt by the communist regime to exterminate the Greek-Catholic Church for 41 years, on a permanent footing in Romanian society. It exploits religious tension and disagreement for partisan political purposes. The very fact that the law was brought back for reconsideration after its initial defeat has already caused considerable fear and much heartbreak to loyal Romanians who now see their compatriots rejecting them and their country trying to force their church back into the catacombs into which they were forced by communist oppression in 1948.
Finally, PL 368/2007 belies the Constitution of Romania and its own text insofar as it takes away the very freedom of the Greek-Catholic Church of which both documents speak. Without the ability to own and keep rightful property, such claims to “freedom” are meaningless.
It is the duty of the state to secure justice for all of its citizens and to pursue the common good. Not only must it do its duty, it must be seen to be doing its duty. Passage of this law by Romania’s parliament would do neither, and to believe that this would escape the world’s attention is to engage in delusion. Moreover, since it does not even possess the appearance of justice, it would expose Romania to the critical judgment of other nations, and that judgment would be well deserved. I am absolutely certain that it will not enhance Romania’s prestige in the world as a land of freedom, tolerance, and justice.
PL 368/2007 is evil in its intent, evil in its design, and evil in its effects. Not only should it not be passed, it should not even see debate on the floor of the House of Deputies. It should be withdrawn. To subject the nation to a debate along the lines of this legislation would be to ignite passions that may prove to be quite difficult to contain.
I am sure members of Parliament can do better than that. My purpose in writing is to express my support for the request of His Beatitude, Archbishop Lucian of Alba Iulia and Fagaras, expressed in his letter (Nr. 6/28.01.2009) to you, that this law be withdrawn from consideration.
If passed, I am afraid that this law will bring shame upon the country of my ancestors for many years to come. It is a decisive step backward and an effort to revive the oppressive and hateful spirit of dictatorship. Future generations of Romanians will look back in wonder at how a country, having escaped totalitarianism once, would deliberately choose it again.
Respectfully,
(Most Reverend) John Michael Botean
Bishop, Eparchy of St. George in Canton for the Romanians