Date: Fri, 11 Feb 1994 09:57:57 -0500 From: "David B. O'Donnell" Subject: Romania:ERN Update, Chamber of Deputies [From the International Gay and Lesbian Human Rights Commission Mailing List, IGLHRC@igc.apc.org; contact them for further information.] Update (April '92; & July / August '93 Action Alerts) Romanian Senate Fails to Satisfy Human Rights Groups -- Campaign Against Article 200 Shifts to Chamber of Deputies The Romanian Senate failed to dispel criticisms of its draconian anti-gay laws when it moved last week to legalize only those gay and lesbian relations that do not cause "public scandal". IGLHRC is concerned that this much touted reform is only a cosmetic change that will not end or lessen the Romanian government's ongoing juridical persecution of gays and lesbians. It is crucial that international pressure now shift to the Chamber of Deputies who still must approve the final legislation. Under the current Romanian penal code, Article 200, paragraph 1, imposes a total ban on lesbian and gay relations with a prison sentence of 1 to 5 years for any gay or lesbian sexual relationship. The modified version passed by the Senate last week outlaws sexual relations between persons of the same gender "if they cause public scandal." Paragraph 5 punishes with 1-5 years in prison any attempt to publicly or privately promote homosexuality, a new prohibition that could lead to prison terms for those involved in gay publications and organizations. The arrest, prosecution, torture and harassment of gay Romanians has continued unabated since President Ceausescu's regime. At least 57 persons are thought to be currently incarcerated for reportedly engaging in consensual sex acts with adults of the same gender. Following is sample text for a letter of protest. Your organization should feel free to make modifications. Dear Mr. ________: The Romanian Senate, as part of its revision of the Penal Code, has passed a modification of Article 200 -- punishing consensual homosexual relations -- which fails to meet human rights standards and offers serious threats to democratic standards. I urge you to work in the Chamber of Deputies to eliminate the problematic aspects of the SenateUs proposed bill. Two features of the Romanian Senate's version of the Penal Code are of particular concern to us. Paragraph 1 punishes consensual homosexual acts "which cause public scandal" with 1-5 years imprisonment. The reference to "public scandal", a term left undefined, is dangerously vague, giving the authorities almost unrestricted latitude to initiate prosecutions. "Public scandal" could be any behavior, no matter how private, which is discovered by another party and reported to the police. Certainly, there is no guarantee that the new law will reduce the extensive imprisonment and police harassment of homosexuals which has earned Romania the condemnation of human rights organizations, as well as the Council of Europe. Secondly, the Senate added to Paragraph 5 of Article 200 language which would also punish "propaganda or associations or any act of proselytism" which "encourage or entice" people to the commission of homosexual acts. This language, blatantly aimed at suppressing gay and lesbian organizations and public speech, is simply anti-democratic. Freedoms of speech and assembly are basic to democratic society. They are also indivisible: they can not be reserved for favored groups and denied to minorities. If Romania wishes to be seen as a democracy, it must allow these freedoms equally to all its citizens. I urge you, as a matter of urgency, to press in the Chamber of Deputies for a revision of Article 200 which will eliminate these disturbing provisions and which allow Romania to fully meet the stipulations of the Council of Europe. Thank you fro your attention. The favor of a reply is requested. Sincerely, Write to: Adrian Nastase, Presedinte, Camera Deputatilor, Palatul Parlamentului, Bucuresti Radu Berceanu, Vicepresidente - Biroul Permanent, Camera Deputatilor, Palatul Parlamentului, Bucuresti Dan Martian, Vicepresidente - Biroul Permanent, Camera Deputatilor, Palatul Parlamentului, Bucuresti Ioan Gavra, Vicepresidente - Biroul Permanent, Camera Deputatilor, Palatul Parlamentului, Bucuresti