Date: Sat, 25 Nov 1995 14:31:05 EST From: slong@osiris.elte.hu CALL FOR ACTION: ROMANIAN PENAL CODE REFORM REJECTED The Romanian Chamber of Deputies has rejected a package of revisions to the Romanian penal code, a package which would have included amendments to Article 200--Romania's notorious law criminalizing consensual homosexual acts between adults. The amendments would have represented a partial but not complete decriminalization of homosexuality. Article 200, paragraph 1 of the penal code currently punishes any adult, consensual homosexual act with one to five years' imprisonment. The proposed revisions would have reserved the same punishment for homosexual acts "committed in public or which cause public scandal." An additional provision would have imposed one to five years' imprisonment for "organizing, associating, or any act of proselytism" for homosexuality. The proposed revisions had been widely criticized by Amnesty International and other human rights organizations for their vagueness and for potential threats to freedoms of speech, assembly, and association. However, the possibility of even a partial liberalization of laws affecting homosexuality had roused a storm of controversy in Romania. The Orthodox Church spearheaded a year-long petition campaign calling for increased penalties for gay and lesbian sex. In the November 21 Chamber of Deputies vote, three extremist parties --the Party of Romanian National Unity, the Greater Romania Party, and the Socialist Workers' Party--cast the deciding votes against the penal code package. All three cited the alleged easing of sanctions against homosexuality as a crucial reason behind their opposition. The Government must now introduce new proposals for penal code reform in the next parliamentary session. The International Gay and Lesbian Human Rights Commission has helped lead a four-year campaign for repeal of Romania's draconian laws against homosexuality. We urge the Romanian government to end its intolerable delays, and to move quickly to meet international human- rights norms as well as its own treaty commitments. We urge *you* to help pressure the Romanian government to act now. SAMPLE LETTER TO ROMANIAN GOVERNMENT OFFICIALS Dear In its 1993 resolution recommending the admission of Romania, the Parliamentary Assembly of the Council of Europe declared that it "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 perpetrated in private between consenting adults." I am writing to express my outrage that, two years later, Romania has still failed to meet its commitments. In failing to pass adequate reforms to the Penal Code, the Parliament of Romania has flagrantly rejected its international human-rights commitments. Moreover, even the proposed revision fell flagrantly short of the expectations expressed by the Council of Europe. References to homosexual acts "which cause public scandal" would have left the way open for continued prosecution, blackmail, and police harassment of homosexuals in Romania. Moreover, new provisions against "organizing, associating, or any act of proselytism" would have constitued a severe violation of the freedoms of speech, assembly, and association guaranteed to all Romanian citizens. Romania's record of broken promises on this issue must be brought to an end. The persecution and torture of gays and lesbians in Romania has been strongly criticized not only by the Council of Europe but by many other international organizations. In rejecting penal code reforms in its November 21 vote, the Romanian parliament has paved the way for further isolation and condemnation of Romania by the international community. We urge you to press for quick passage of an alternative revision of Article 200, which will eliminate *all* legal penalties for consensual homosexual acts, and which will honorably and finally fulfil Romania's obligations. Sincerely SEND TO: The Honorable Petru Tanase TAVALA Chairman, Committee for Human Rights Senate of Romania Palatul Parlamentului Bucharest, ROMANIA The Honorable Oliviu Gherman Chairman, Permanent Bureau of the Senate Senate of Romania (etc.) The Honorable Adrian Nastase Presidinte Camera Deputatilor Palatul Parlamentului (etc.) for more information, contact: Scott Long tel. 361-131-2589 fax 361-112-4982 email: slong@osiris.elte.hu