>From iglhrc@igc.apc.org Thu Nov 25 02:02:26 1993 22 November 1993 URGENT ACTION NEEDED ROMANIAN SENATE MOVES TO INCREASE PENALITIES FOR SAME-SEX RELATIONS In a disturbing turnabout which openly defies the Council of Europe (CoE), the Juridical Commission of the Romanian Senate has recently proposed a tightening of that country's already draconian anti-gay law. Draft legislation now being considered clearly violates the understanding under which Romania was granted admission into the CoE. Rather then heed official CoE recommendations, Romania seems determined to further restrict the rights of its lesbian and gay citizens, in particular the rights to speech, privacy, and assembly. 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. The modified version which is expected to go before the full Senate this week leaves unchanged the core provisions of that law and adds a number of new penalties. Paragraph 2 provides an additional 2 to 7 years imprisonment if the accused causes "a public scandal". Paragraphs 4 & 5, adds a new punishment -- "deprivation of certain rights" -- in addition to prison sentences ranging from 5 to 20 years for encounters involving the use of force, "damage to health", or "causing death or suicide". Paragraph 6 retains and expands far reaching restrictions to the right to freedom of speech and of assembly by prohibiting the "public incitement or enticement" of homosexuality under penalty of one to five years in prison. IGLHRC is alarmed that such an expansion of this vaguely worded clause could be used to outlaw homosexual organizations, publications or any other sympathetic public discussion of homosexuality. A September 1993 resolution which unanimously passed the Parliamentary Assembly of the CoE states quite clearly that the CoE "expects that Romania will shortly change its legislation in such a way that ... Article 200 of the Penal Code will no longer consider as a criminal offense homosexual acts perpetuated in private between consenting adults". Nationalist sentiment is being utilized by politicians to resist what some are calling an infringement on Romania's sovereignty, and the Orthodox Church has played an active role in calling for penalties against same sex relations even more stringent then those currently being considered. It now appears that the proposal will pass the Senate this week after which it will proceed to the Chamber of Deputies. Urgent appeals are needed immediately to the following members of the Chamber of Deputies and to the President of the CoE's Parliamentary Assembly. Communications should stress that this is the first test of Romania's willingness to comply with CoE standards of human rights, and that Romania is failing that test. Romania's respect for and tolerance of its vulnerable minority populations is seriously called into question by the current proposal and Gypsies, Hungarians and other minorities have ample cause to be very concerned. Urge members of the Chamber of Deputies to eliminate to all legal penalties for consensual homosexual acts and in this way bring Romania into compliance with current European standards of human rights. Demand from the President of the Parliamentary Assembly of the CoE that he immediately take preventive measures to uphold the rights and freedoms of gays and lesbians in Romania, and actively work with the Romanian government officials to abolish Article 200 Appeals to: The Honorable Adrian Nastase President, Chamber of Deputies Parliament of Romania Palatul din Dealul Mitropoliei Bucharest, ROMANIA The Honorable Petru Tanase President of the Juridical Commission Chamber of Deputies Parliament of Romania Palatul din Dealul Mitropoliei Bucharest, ROMANIA The Honorable Eberhard Wiitstock President, Human Rights Commission Chamber of Deputies Parliament of Romania Palatul din Dealul Mitropoliei Bucharest, ROMANIA Mr.Miguel Angel Martinez President of the Assembly Council of Europe Parliamentary Assembly B.P. 431 R6 F-67006 Strasbourg Cedex FRANCE fax: +38-88-41-27-81 Please send copies of your communications to IGLHRC for forwarding to human rights activists in Bucharest. IGLHRC can be reached at the following addresses: IGLHRC 514 Castro Street San Francisco, CA 94114 U.S.A. tel: 415-255-8680 fax: 415-255-8662 e-mail: iglhrc@igc.apc.org