ANOTHER LIBERALIZATION INVOLVED PASSPORTS FOR HUNGARIAN CITIZENS LIVING ABROAD LEGALLY. PREVIOUSLY, A "CONSULAR" PASSPORT WAS ISSUED, AND A VISA WAS REQUIRED FOR ANY SUBSEQUENT VISIT TO HUNGARY. UNDER THE NEW LAW, THE "CONSULAR" PASSPORT AND THE VISA REQUIREMENT HAVE BEEN ABOLISHED. HUNGARIAN RESIDENTS ABROAD NOW CAN RECEIVE A "BLUE" PASSPORT REGULARLY ISSUED FOR WESTERN VISITS. VISAS ARE NO LONGER REQUIRED FOR RETURN

VISITS.

PRACTICES AND PROCESS

HUNGARY'S PERFORMANCE PERFORMANCE IN RESOLVING FAMILY REUNIFICATION CASES CONTINUES TO BE RELATIVELY GOOD. ACCORDING TO THE DEPARTMENT OF STATE, AT THE END OF JULY 1980, FIVE CASES REMAINED ON THE AMERICAN EMBASSY'S DIVIDED FAMILY LIST. THE LONGESTSTANDING UNRESOLVED CASE DATES BACK TO AUGUST 1977. ALTHOUGH THE NUMBER OF DIVIDED-FAMILY CASES ARE NEVER LARGE, NEW CASES CONSISTENTLY HAVE ARISEN AS OLD ONES ARE RESOLVED.

OVERALL HOWEVER, HUNGARY'S POLICY ON FAMILY REUNIFICATION HAS BEEN POSITIVE SINCE HELSINKI. BOTH THE HELSINKI FINAL ACT AND THE ASSURANCES OF LIBERALIZED EMIGRATION REQUIRED FOR RENEWAL OF MOST-FAVORED-NATION (MFN) TRADING STATUS (UNDER THE TERMS OF THE JACKSON-VANIK AMENDMENT), HAS HAD A BENEFICIAL EFFECT ON WOULD-BE HUNGARIAN EMIGRANTS. THE HUNGARIAN GOVERN

MENT DOES NOT PENALIZE ITS CITIZENS WHO APPLY FOR EMIGRATION AND ONLY REFUSES ABOUT 10 PERCENT OF APPLICATIONS FOR PERMISSION TO EMIGRATE. HOWEVER, APPLICANTS WHO PERSIST USUALLY OBTAIN PERMISSION EVENTUALLY.

RELIGIOUS CONTACTS, TRAVEL AND TOURISM

IN FEBRUARY 1978, THE UNITED STATES AND HUNGARY AGREED TO FACILITATE, ON A RECIPROCAL BASIS, THE ISSUANCE OF VISAS TO DIPLOMATS AND OFFICIALS. MULTIPLE ENTRY VISAS WERE GRANTED FOR THE DURATION OF STAYS UP TO 48 MONTHS. HUNGARY STILL REMAINS THE EXCEPTION TO THE RULE FOR EASTERN RESTRICTIONS ON OVERSEAS TRAVEL. ABOUT FOUR AND ONE-HALF MILLION HUNGARIANS TRAVEL ABROAD ANNUALLY. NEARLY 400,000 TRAVEL TO THE WEST EACH YEAR AND THE GOVERNMENT HAS A FLEXIBLE POLICY ON ALLOWING WHOLE FAMILIES TO LEAVE TOGETHER. GOING ONE STEP FURTHER, HUNGARY EVEN HAS ALLOWED FOR PAYMENT IN ITS OWN CURRENCY FOR TRAVEL DESTINED FOR AREAS OUTSIDE EUROPE, INCLUDING THE UNITED STATES. IN 1979, 10,671 HUNGARIANS VISITED THE UNITED STATES; OF THESE, 8,884 CAME FOR THE PURPOSES OF TOURISM AND FAMILY VISITS.

HUNGARY HAS BEEN AT THE FOREFRONT OF TOURISM ACTIVITY DURING THE PAST THREE YEARS. TOURS HAVE BEEN ORGANIZED FROM HUNGARY TO THE UNITED STATES WITH COSTS PAYABLE IN FORINT. TOURISM FROM THE NON-SOCIALIST COUNTRIES GREW CONSIDERABLY LAST YEAR -- BY 15 PERCENT. THIS YEAR, HOTEL ACCOMMODATIONS ARE BEING INCREASED, ALONG WITH EXCURSIONS ARRANGED THROUGH TRAVEL AGENCIES, FOR CONVERTIBLE-CURRENCY COUNTRIES.

42

41

TOURISTS FROM HUNGARY TO THE WEST ALSO INCREASED IN 1979. FROM 1978 TO 1979, AN ADDITIONAL 51,000 HUNGARIANS VISITED NONSOCIALIST COUNTRIES. THE HOPE IS THAT WITH TOURISM PLAYING SUCH AN INCREASING ROLE IN GENERATING HARD CURRENCY, IT WILL AT LEAST PRESERVE CURRENT HUNGARIAN TRAVEL OPPORTUNITIES, IF NOT IMPROVE THEM.

RELIGIOUS CONTACTS AND INFORMATION EXCHANGE HAVE BROUGHT LEADERS OF THE VARIOUS FAITHS PRACTICED IN HUNGARY TOGETHER WITH THEIR WESTERN COLLEAGUES. HUNGARY PARTICIPATED IN AN EASTERN TOUR OF THE APPEAL OF CONSCIENCE FOUNDATION IN 1979 AND SENT AN INTERFAITH DELEGATION OF HUNGARIAN RELIGIOUS LEADERS TO THE UNITED STATES FOR TWO WEEKS IN OCTOBER AND NOVEMBER 1979. IN FEBRUARY 1979, AMERICAN JEWISH REPRESENTATIVES HELD PRODUCTIVE DISCUSSIONS IN BUDAPEST WITH HUNGARIAN GOVERNMENT AND JEWISH COMMUNITY OFFICIALS ON THE FACILITATION OF FINANCIAL AID TO HUNGARIAN JEWS FROM ABROAD. LATER THAT SAME YEAR, THE APPEAL OF CONSCIENCE FOUNDATION PRESENTED THEIR MAN-OF-THE-YEAR AWARD TO THE CATHOLIC PRIMATE OF HUNGARY, LASZLO CARDINAL LEKAI, FOR HIS CONTRIBUTION TO THE IMPROVED ECUMENICAL CLIMATE IN HUNGARY.

POLAND

REUNIFICATION OF FAMILIES, BINATIONAL MARRIAGES
AND FAMILY VISITS

PROCEDURES AND PRACTICES

POLISH PERFORMANCE IN THE AREA OF HUMAN CONTACTS HAS BEEN MIXED. FOR EXAMPLE, PERFORMANCE ON THE MATTER OF DIVIDED FAMILIES HAS BEEN POOR, WHILE ITS RECORD IN THE AREA OF BINATIONAL MARRIAGES HAS BEEN QUITE GOOD.

THE POLISH APPROACH TO HUMAN CONTACT ISSUES HAS NOT CHANGED SINCE THE COMMISSION'S 1977 REPORT. THE POLISH GOVERNMENT

REFUSES TO ACCEPT THE PRINCIPLE OF FREE EMIGRATION, APPARENTLY BECAUSE IT FEARS THE DETRIMENTAL EFFECTS THAT SUCH A POLICY MIGHT HAVE ON POLISH SOCIETY. THUS, POLAND CONTINUES TO CONTROL CLOSELY THE NUMBER AND TYPE OF PERSONS PERMITTED TO LEAVE. HOW

EVER, POLAND HAS BEEN RELATIVELY LIBERAL ABOUT THE NUMBER OF PERSONS PERMITTED TO TRAVEL TO THE WEST FOR BUSINESS OR AS TOURISTS.

POLISH VISAS HAVE BEEN AVAILABLE TO ALMOST ALL U.S. CITIZENS. IN RECENT MONTHS, POLISH POLICIES TOWARD THOSE FEW AMERICANS WHO HAD ROUTINELY BEEN DENIED VISAS HAS ALSO IMPROVED. WHETHER COUNTED BY CASES OR BY INDIVIDUALS INVOLVED, POLAND CONTINUES TO HAVE, BY FAR, THE WORST DIVIDED FAMILY FIGURES OF ANY EASTERN COUNTRY. THIS IS PARTLY DUE TO THE LARGE NUMBER OF PERSONS OF POLISH HERITAGE WHO NOW LIVE IN THE UNITED STATES AND TO POLAND'S RELATIVELY LIBERAL TRAVEL POLICIES. POLISH OFFICIALS SOMETIMES COMPLAIN THAT ALMOST EVERY POLISH CITIZEN HAS A RELATIVE IN THE UNITED STATES, AND THAT WHENEVER A POLISH CITIZEN IS ALLOWED TO LEAVE FOR FAMILY REUNIFICATION PURPOSE,

A NEW DIVIDED FAMILY CASE MAY BE CREATED. NEVERTHELESS, IT IS CLEAR THAT POLAND'S POLICY ON EMIGRATION FOR THE PURPOSE FAMILY REUNIFICATION FALLS FAR SHORT OF THE IDEAL ENVISIONED IN THE FINAL ACT.

THE AMERICAN EMBASSY IN WARSAW MAKES FREQUENT REPRESENTATIONS TO THE POLISH GOVERNMENT ON BEHALF OF THE PERSONS ON ITS DIVIDED FAMILY LIST. REPRESENTATIONS ALSO ARE MADE BY OTHER U.S. GOVERNMENT OFFICIALS AND BY MEMBERS OF CONGRESS. UNFORTUNATELY, THE POLISH RESPONSE TO THESE REPRESENTATIONS HAS BEEN DISAPPOINTING.

THE POLISH AUTHORITIES HAVE ISSUED PASSPORTS IN ONLY ABOUT ONE-THIRD OF THE CASES RAISED BY THE U.S. GOVERNMENT. BETWEEN OCTOBER 1, 1979 AND MARCH 31, 1980, THE AMERICAN EMBASSY ISSUED 844 VISAS TO POLISH CITIZENS FOR FAMIY REUNIFICATION PURPOSES. DURING THAT SAME PERIOD, THE EMBASSY ADDED 516 PERSONS TO ITS LIST OF DIVIDED FAMILIES. THE EMBASSY ALSO REVIEWED THE LIST CAREFULLY IN APRIL 1980 AND ELIMINATED THE NAMES OF POLISH CITIZENS WHO WERE NO LONGER ACTIVELY INTERESTED IN EMIGRATING. THE LIST AT THE END OF APRIL 1980 CONSISTED OF 842 CASES AND INVOLVED 2,343 INDIVIDUALS.

ONE PARTICULARLY DISTURBING FAMILY REUNIFICATION CASE IS THAT OF THE KENNEDY-STROJEK FAMILY WHICH HAS BEEN PRESSED BY THE U.S. GOVERNMENT WITHOUT SUCCESS FOR ABOUT FIVE YEARS. THE POLISH GOVERNMENT MAINTAINS THAT STROJEK CANNOT BE ALLOWED TO LEAVE THE COUNTRY BECAUSE HE HAD ACCESS TO CLASSIFIED INFORMATION WHILE SERVING WITH THE POLISH MILITARY MORE THAN FIVE YEARS AGO.

MORE POSITIVE RESULTS HAVE BEEN ACHIEVED UNDER A 1976 F.R.G.-POLISH AGREEMENT IN WHICH THE POLES AGREED TO ALLOW THE EMIGRATION OF 125,000 ETHNIC GERMANS DURING THE SUCCEEDING FOUR

43

YEARS. THE POLES HAVE FULFILLED THIS AGREEMENT ON SCHEDULE. SOME 36,274 ETHNIC GERMANS EMIGRATED FROM POLAND TO THE FEDERAL REPUBLIC OF GERMANY IN 1979. HOWEVER, THE ECONOMIST MAGAZINE HAS REPORTED THAT THERE MAY BE AS MANY AS ANOTHER 100,000 ETHNIC GERMANS WHO WOULD LIKE TO EMIGRATE FROM POLAND. 44

POLISH PERFORMANCE IN OTHER AREAS OF HUMAN CONTACTS HAS BEEN MIXED. UNTIL A FEW MONTHS AGO, THERE WERE FORTY CASES IN WHICH VISAS HAD BEEN DENIED TO AMERICAN CITIZENS WHO WISHED TO RETURN TO POLAND TO VISIT RELATIVES. MOST OF THE PERSONS WHO WERE DENIED WERE JEWISH AND HAD LEFT POLAND IN 1968 OR 1969. IN THE PAST FEW MONTHS, HOWEVER, OVER HALF OF THESE CASES HAVE BEEN RESOLVED.

THE POLISH RECORD IN RESOLVING BINATIONAL MARRIAGES HAS BEEN GOOD. SINCE THE BELGRADE CONFERENCE IN 1977, THERE HAVE BEEN NO OUTSTANDING UNRESOLVED MARRIAGE CASES.

TRAVEL, TOURISM AND RELIGIOUS CONTACTS

THE POLISH GOVERNMENT HAS RESTRICTED THE TRAVEL OF CERTAIN POLISH SCHOLARS WHO DO NOT CONFORM TO THE OFFICIAL VIEWS OF THE POLISH COMMUNIST PARTY. THE POLISH GOVERNMENT HAS REFUSED TO ISSUE EXIT VISAS TO SEVEN INTELLECTUALS INVITED BY THE U.S. GOVERNMENT OR BY PRESTIGIOUS U.S. INSTITUTIONS DURING THE LAST FEW YEARS. THESE INCLUDE STANISLAW BARANCZAK, A POET AND LECTURER ON POLISH LITERATURE WHO WAS INVITED BY HARVARD TO ACCEPT A CHAIR IN SLAVIC LITERATURE; ANDRZEJ MICEWSKI, A WRITER FOR THE CATHOLIC WEEKLY TYGODNIK POWSZECHNY WHO WAS DENIED PERMISSION TO VISIT THE UNITED STATES ON A GRANT FROM THE U.S. GOVERNMENT; WLADYSLAW BARTOSZEWSKI, A LUBLIN UNIVERSITY EXPERT ON POLISH-JEWISH RELATIONS WHO WAS INVITED TO LECTURE BY THE KOSCIUSZKO FOUNDATION AND BY B'NAI B'RITH. PROFESSOR BARTOSZEWSKI, A SURVIVOR OF AUSCHWITZ, WAS ALSO DENIED PERMISSION IN JANUARY OF 1980 TO SPEAK IN VIENNA.

POLAND IS OTHERWISE RELATIVELY LENIENT IN PERMITTING ITS CITIZENS TO TRAVEL TO NON-COMMUNIST COUNTRIES. BETWEEN OCTOBER 1979 AND MARCH 1980, THE AMERICAN EMBASSY ISSUED 16,488 NONIMMIGRANT VISAS. THE POLISH PRESS HAS REPORTED THAT THE NUMBER OF POLISH CITIZENS WHO TRAVELED TO CAPITALIST COUNTRIES INCREASED BY 10 PERCENT IN 1979 TO 635,000, WHILE THE NUMBER OF VISITORS FROM CAPITALIST COUNTRIES EXCEEDED ONE MILLION FOR THE 45 FIRST TIMET

POLAND HAS TAKEN A NUMBER OF POSITIVE STEPS WITH REGARD TO RELIGIOUS CONTACTS AND INFORMATION SINCE THE CSCE REVIEW MEETING IN BELGRADE. THE PRINCIPAL STEP WAS THE ACCEPTANCE OF A VISIT

66-219 O 80 - 16

BY POPE JOHN PAUL
INCLUDED THE VISIT
BER 1978, AND AN

II IN JUNE 1979. OTHER SIGNIFICANT ACTIONS OF AMERICAN EVANGELIST BILLY GRAHAM IN OCTOINVITATION FROM INVITATION FROM POLISH LEADERS TO JEWISH LEADERS, INCLUDING MANY FROM ISRAEL, TO PARTICIPATE IN THE COMMEMORATION OF THE 35TH ANNIVERSARY OF THE WARSAW GHETTO UPRISING. THE PRESIDENT'S COMMISSION ON THE HOLOCAUST WAS GIVEN AN EXCELLENT RECEPTION BY POLISH OFFICIALS IN JULY 1979.

ROMANIA

REUNIFICATION OF FAMILIES AND BINATIONAL MARRIAGES

LAWS AND REGULATIONS

ONE OF DISHAS REMAINED UNCHANGED

ROMANIA'S BASIC ATTITUDE TOWARD EMIGRATION COURAGEMENT BORDERING ON HOSTILITY DURING THE PAST THREE YEARS. THE ROMANIAN STATE DOES NOT RECOGNIZE THE RIGHT TO FREE MOVEMENT, RATHER IT CLAIMS THE RIGHT TO CONTROL THE MOVEMENT OF CITIZENS. ROMANIA REGARDS EMIGRATION AND FOREIGN TRAVEL AS PRIVILEGES THE STATE BESTOWS AND ASSERTS THAT IT IS EACH CITIZEN'S DUTY TO REMAIN IN HIS OR HER HOMELAND AND CONTRIBUTE TO ITS DEVELOPMENT. CONSEQUENTLY, THE LAWS AND REGULATIONS GOVERNING THE MOVEMENT OF CITIZENS OUT OF ROMANIA ARE DESIGNED TO RESTRICT, RATHER THAN FACILITATE, TRAVEL ACROSS THE BORDERS. LEAVING OR ATTEMPTING TO LEAVE THE COUNTRY WITHOUT OFFICIAL PERMISSION IS REGARDED AS A CRIME AGAINST THE STATE.

PROCEDURES AND PRACTICES

AS A GENERAL RULE, THESE RESTRICTIVE LAWS AND REGULATIONS ARE INTERPRETED NARROWLY AND APPLIED STRICTLY BY THE AUTHOR

ITIES. HOWEVER, THE ROMANIAN GOVERNMENT HAS BEEN RESPONSIVE TO OFFICIAL FOREIGN INTERCESSIONS IN BEHALF OF SPECIFIC EXIT VISA CASES.

THE WOULD-BE EMIGRANT FROM FROM ROMANIA MUST FACE SEEMINGLY INSURMOUNTABLE PROCEDURAL DIFFICULTIES AND ENDURE PSYCHOLOGIAL AND MATERIAL PRESSURES IMPOSED BY THE GOVERNMENT TO DETER HIM OR HER FROM ATTEMPTING TO LEAVE THE COUNTRY. IF A ROMANIAN PERSISTS IN HIS HER DETERMINATION TO EMIGRATE DESPITE THE CONSIDERABLE OBSTACLES PLACED IN HIS OR HER PATH -- NO SMALL FEAT -- AND CAN COUNT ON PERSISTENT EXPRESSIONS OF HIGH-LEVEL SUPPORT FROM THE WEST, CHANCES ARE GOOD THAT HE OR SHE WILL EVENTUALLY RECEIVE PERMISSION TO EMIGRATE.