Romania: Legal Reform Faces Uncertain Fate
05/01/1998
After five years of struggle, Article 200 of the Romanian penal code remains on the books virtually unchanged. The first and last paragraphs of the law still punish homosexual acts "which cause public scandal"--along with "encouraging a person" to commit homosexual acts and "propaganda or association or any act of proselytism"--with 1-5 years' imprisonment.
Representatives of IGLHRC and Human Rights Watch met with Romanian President Emil Constantinescu in January, and extracted promises to pardon all persons then imprisoned under the offending paragraphs. As a result, Mariana Cetiner--jailed since 1994 for asking another woman to have sexual relations with her--was released from prison in March, along with a reported seven other inmates. However, the president's action, while a strong symbolic statement, has no effect on future enforcement of the law.
The Ministry of Justice has reportedly submitted a new draft of Article 200 to the Parliament. However, Romanian authorities have declined to reveal what the new proposal contains. The National Peasants-Christian Democratic Party, the largest party in the coalition government, has previously expressed vociferous opposition to any change in the legislation. Strong opposition is also expected from the Romanian Orthodox Church, which has gained new influence under Constantinescu's administration.
(More detailed information on the Romanian situation can be found in Public Scandals: Sexual Orientation and Criminal Law in Romania, a publication of Human Rights Watch and IGLHRC, available from IGLHRC for $10.00.)
The Romanian human rights organization ACCEPT, which works primarily on sexual-orientation issues, has also presented Parliament with a draft law proposal. This proposal would eliminate Article 200 entirely. Paragraphs of the article which punish same-sex rape and sexual relations with minors would be integrated with similar provisions covering heterosexual offenses, usual gender-neutral language. Thus all specific mention of homosexuality or "sexual relations between persons of the same sex" would at last be eliminated from the Romanian penal code.
ACCEPT also proposes other amendments to rationalize and normalize Romanian legislation on sexual behavior. Article 201 of the penal code, a nebulous provision which criminalizes "sexual perversion," would also be repealed. Article 197, criminalizing rape, would be modified to include a definition of the crime, and to eliminate the present exemption from punishment for rapists who marry their victims. Articles 197 and 198 would be changed to establish an equal age of consent for heterosexual and same-sex relations. Other legal provisions which have been used to harass homosexuals, including Article 321--punishing "outrage against decency and disturbance of the peace"--would also be modified to ensure that acts thus penalized are clearly defined.
ACCEPT asks urgently for letters to officials in the Government and Parliament to support their proposals. Letters should be sent to (all postal addresses end in Bucharest, Romania):
- The Honorable Radu Vasile
Prime Minister of Romania - Palatul Guvernului
Piata Victoriei nr. 1
fax no.: 401 223 1868 or 401 222 5814 - The Honorable Valeriu Stoica
Minister of Justice - Ministerul Justitiei
Bulevardul Mihail Kogalniceanu nr. 33
fax no. 401 315 5389 - The Honorable Petre Roman
President, Senate of Romania - Senatul Romaniei
Piata Revolutiei nr. 1
fax no. 401 312 7277 - Senator Razvan Dobrescu
President, Juridical Commission - Senatul Romaniei
Piata Revolutiei nr. 1
fax no. 401 312 1087 - The Honorable Ion Diaconescu
President, Chamber of Deputies - Camera Deputatilor
Palatul Parlamentului
Calea 13 Septembrie nr. 5
fax no. 401 336 6622 - Deputy Emil Teodor Popescu
President, Juridical Commission - Camera Deputatilor
Palatul Parlamentului
Calea 13 Septembrie nr. 5
fax no. 401 613 3492
A sample letter might read:
I am writing to express support for the draft law that the Romanian non-governmental organization ACCEPT has submitted to you and to the Parliament of Romania on March 6.
I believe that this law would finally bring Romania's legislation on sexual behavior into accordance with existing human-rights standards, and with Romania's commitments undertaken on joining the Council of Europe in 1993.
Romania's penal code provisions affecting sexual behavior are riddled by express inequities and dangerously vague language. These deficiencies include not only the notorious Articles 200 and 201, but inequalities in age of consent between homosexual and heterosexual relations; laws on rape which fail clearly to define the crime, and which include antiquated protections for rapists who marry their victims; and ill-written and elastic provisions in a number of other articles against acts which "create public scandal" or "disturb the public peace." Such problematic provisions have been documented in a recent report by Human Rights Watch and the International Gay and Lesbian Human Rights Commission, and have been expressly pointed out to your President and Government by representatives of these and other organizations. All these must be eliminated if Romania wishes to ensure that its criminal code cannot become a tool for discriminating against minorities, or infringing on their legitimate rights.
I hope you will weigh the proposals of ACCEPT seriously in considering revisions to the penal code during the present Parliament. In particular I hope that you will do whatever lies within your power in promoting a rational debate within the Romanian Parliament, in order to achieve much-needed and much-demanded changes. In the past, the Parliament's rejection of adequate reform has seriously damaged Romania's international reputation. I strongly hope that the present Government will pursue such reforms with the vigor they merit, and that Romania's population deserves.
Sincerely,
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