Romania Country Reports on Human Rights Practices - 2002 Released by the Bureau of Democracy, Human Rights, and Labor

arch !", 200!

Romania is a constitutional democracy #ith a multiparty, bicameral parliamentary system$ Prime inister %drian &astase is the Head of 'o(ernment and President )on )liescu is the Head of *tate+ &astase,s *ocial Democratic Party -P*D. and )liescu #on elections in &o(ember and December 2000 that #ere /udged to be generally free and fair$ 0nder the la# the /udiciary is to be independent of other go(ernment branches1 ho#e(er, in practice the e2ecuti(e branch e2ercises influence o(er the /udiciary$ 3he &ational Police #ere primarily responsible for la# enforcement, the gendarmerie for preser(ing public order, and the Border Police for maintaining border security$ 3he inistry of the )nterior super(ises these organi4ations$ Protection against e2ternal threats #as the primary responsibility of the military$ %n internal intelligence ser(ice assesses threats to national security but had no la# enforcement po#ers$ %ll security and intelligence organi4ations operated under the authority of ci(ilian leadership$ *ome police officers committed serious human rights abuses$ 3he country #as a middle-income, de(eloping country in transition from a centrally planned economy to a mar5et economy$ )ts population #as appro2imately 2"$6 million$ 3he pri(ate sector accounted for 76$" percent of gross domestic product -'DP. and employed 72$8 percent of the #or5 force, primarily in agriculture, commerce, and ser(ices$ During 200" "2" firms #ere pri(ati4ed, and an additional ""8 #ere pri(ati4ed in the first half of the year$ %ppro2imately ",200 firms #ere left in the *tate Pri(ati4ation 9und,s portfolio, including se(eral of the country,s largest firms$ 'DP gre# :$! percent in 200" and officially estimated 'DP gro#th during the year #as ;$: percent$ )nflation decreased from ;0$6 percent in 2000 to !0$! percent in 200" and #as estimated at 20 percent for the year$ <fficial statistics significantly understated economic acti(ity because of the si4e of the informal economy$ 3he 'o(ernment generally respected the human rights of its citi4ens1 ho#e(er, there #ere problems in some areas$ Police use of e2cessi(e force resulted in three deaths$ Police officers continued to beat detainees and reportedly harassed and used e2cessi(e force against Roma$ 3he 'o(ernment in(estigated some police officers suspected of abuse and suspended them from duty or indicted those accused of criminal acti(ities in military courts$ Ho#e(er, in(estigations of police abuses generally #ere lengthy and inconclusi(e and rarely resulted in prosecution or punishment$ 3he Parliament enacted legislation that transferred /urisdiction o(er prosecution of police abuses to the ci(ilian court system1 ho#e(er, the rest of the security forces, including the Border Police and the gendarmerie, remained part of the military court system$ =hile some progress #as made in reforming the police, cases of inhuman and degrading treatment continued to be reported$ Prison conditions remained harsh and o(ercro#ding remained a serious problem1 ho#e(er, conditions slightly impro(ed$ %t times authorities (iolated the prohibition against arbitrary arrest and detention$ 3he e2ecuti(e branch continued to influence the /udiciary, and #idespread corruption remained a problem$ 3he 'o(ernment at times restricted freedom of speech and of the press$ Religious groups not officially recogni4ed by the 'o(ernment complained that they recei(ed discriminatory treatment from the authorities$ *ocietal harassment of religious minorities, (iolence and discrimination against #omen, and restitution of property confiscated during the Communist regime remained problems$ 3here #ere large numbers of impo(erished homeless children in large cities$ Discrimination and instances of societal (iolence against Roma continued$ Child labor abuses continued$ 3here #ere reports of go(ernment interference in trade union acti(ity$ 3raffic5ing in #omen and girls for the purpose of prostitution #as a problem #hich the 'o(ernment too5 steps to address$ Romania #as in(ited by the Community of Democracies, -CD. Con(ening 'roup to attend the &o(ember 2002 second CD inisterial eeting in *eoul, Republic of >orea, as a participant$

R?*P?C3 9<R H0 %& R)'H3* *ection " Respect for the )ntegrity of the Person, )ncluding 9reedom 9rom+ a$ %rbitrary or 0nla#ful Depri(ation of Life 3here #ere no reports of political 5illings1 ho#e(er, police at times used e2cessi(e force that led to the deaths of citi4ens$ <n arch 2", ihai )orga died in Bucharest due to the beatings he sustained from trustees and police officers in prison$ 3hese beatings too5 place on arch "2 and arch "7, and included beating him on the head #ith a hammer, inducing a coma$ He #as ta5en to the hospital t#ice but recei(ed no treatment$ Police stated that )orga,s death #as due to an @alcoholic coma,@ but a arch 2: autopsy established that )orga had been beaten to death$ During the year, t#o officers #ere demoted and charged #ith criminal acts in the Auly 200" beating death of a detainee in Cugir, allegedly from beating by the officers attempting to obtain a confession$ 3he case remained pending at year,s end$ 3he *upreme Court acBuitted a police officer indicted in "CCC for illegal use of a #eapon in the "CC7 5illing of a Rom from Cemani, ircea uresul osor, #ho #as shot in the bac5 #hile in police custody$ % court ruled that the police officer #as /ustified in his use of lethal force against Radu arian, an unarmed Rom 5illed during a police raid on a group of cigarette smugglers$ )n Aune the nongo(ernmental organi4ation -&'<., Romani CR)**, reported that "8-year-old &elu Balasoiu, a Rom, #as found dead in Aila(a prison near Bucharest$ Balasoiu,s family maintained that he #as healthy before he entered prison and alleged that his death resulted from his detention$ Romani CR)** #as continuing the in(estigation into Balasoiu,s death at year,s end$ % military tribunal launched a penal in(estigation regarding the abusi(e conduct of t#o police officers in the beating death in Auly 200" of Dumitru 'rigoras #hile in custody in Bacau County$ <ne of the officers #as suspended from his /ob and arrested in <ctober 200"$ 3he other remained under in(estigation at year,s end$ b$ Disappearance 3here #ere no reports of politically moti(ated disappearances$ c$ 3orture and <ther Cruel, )nhuman, or Degrading 3reatment or Punishment 3he Constitution prohibits such practices1 ho#e(er, there #ere credible reports that police beat detainees and used e2cessi(e force$ Human rights organi4ations cited numerous reports of torture and mistreatment by police$ <n Aune "C, Chief of Police 9lorin *andu ac5no#ledged the e2istence of instances in #hich police officers committed abuses$ *andu stated that in 200", :,000 police officers had been sanctioned in (iolation of labor rules, and ;!; of those cases #ere pursued in court$ <f the ;!; cases, "6! #ere found to be @abuse of force@ cases$ % ne# Police <rgani4ation La#, #hich entered into force on ay C, allo#s the use of firearms against those fleeing police arrest or detention$ )n the (ie# of many obser(ers, this (iolated the #idely accepted principle that deadly force may be used only against indi(iduals #ho represent an imminent threat of death, or of grie(ous in/ury to others$ Romani &'<s claimed that police used e2cessi(e force against Roma and also sub/ected Roma to brutal treatment and harassment$ <n 9ebruary :, gendarmes beat a ";-year-old Romani child, Calin *terica, in a 'alati schoolyard$ 3he gendarmes #ere called in because of a disturbance1 despite not being in(ol(ed, *terica #as beaten #ith fists and clubs$ His mother, #ho had come to see #hat #as going on, #as fined D"20 -; million lei. for @disturbance of the public order$@ %ccording to the Romanian Helsin5i Committee -%P%D<R-CH., the Roma County Bureau discouraged the mother from filing a complaint$ <n arch "2, police beat *e(erius 3anase in *acele, in Braso( County, /ust outside of the police station$ 3anase #as then ta5en into the station, #here he allegedly #as beaten again$ 3anase #as then

urged to sign a report admitting he committed a petty offense$ %n in(estigation into this case #as initiated, but no further action #as ta5en by year,s end$ )n the *ilaghi beating case from %pril 200", in #hich police beat a ":-year-old girl, officials indicated their intention to ta5e disciplinary action by year,s end against the police officer in(ol(ed in the beating$ 3he ugurel *oare case brought about an in(estigation, and the case #ent to the ilitary court system, #here the police officer #as found to ha(e been /ustified in his use of force against *oare$ 3he courts e2onerated police in a case in(ol(ing police harassment of a gay indi(idual, %drian 'eorgescu$ % final appeal to the ?uropean Court for Human Rights #as under#ay at year,s end$ )n December 200", plainclothes police officers shot 9anica Dumitrache #hile he #as trying to steal gas from a car$ 3he t#o police officers told him not to run, or they #ould shoot$ Dumitrache, #ho claimed he did not 5no# the t#o #ere police officers, began to run$ <ne of the officers, )ulian Cristea, shot Dumitrache$ 3he police officers then too5 Dumitrache to the hospital$ Audicial cases in(ol(ing military personnel and the police #ere tried in military courts for most of the year -see *ection "$e$.$ %t times some military prosecutors bloc5ed proper in(estigation of alleged police abuses, or courts passed e2tremely light sentences$ 0nder the Police <fficer,s *tatus La#, #hich entered into force on Aune 2;, police officers #ill be in(estigated for crimes by ci(ilian prosecutors$ ilitary prosecutors #ill continue to try cases that in(ol(e @state security,@ and the gendarmerie and Border Police continue to fall under military /urisdiction$ Prison conditions #ere harsh1 ho#e(er, efforts to impro(e the prison system led to some gradual and positi(e changes$ 3here are a total of ;; penal units -an increase from ;! in 200"., !: prisons -an increase from !; in 200"., : prison hospitals, and ! /u(enile detention facilities$ <(ercro#ding remained a serious problem$ %s of %ugust 200", :0,:;C persons, including ",0:0 minors, #ere in detention, #hile the legal capacity of the system is !!,2;7$ 3he la# pro(ides alternati(e sentences, such as community ser(ice, for minor offenses, and is aimed at reducing the prison population$ )t has been moderately successful$ en and #omen, adults and /u(eniles, and pretrial detainees and con(icted criminals #ere held separately in the prison system$ Human rights organi4ations reported that the abuse of prisoners by other prisoners and prison authorities continued to be a problem$ Prisons continued to use the @cell boss@ system, in #hich some prisoners #ere designated to be in semiofficial charge of other prisoners in places #here there #ere "0 or more prisoners in the same room$ 3here #ere attempts to ameliorate this system by gi(ing the inmates the right to select these @cell bosses@ by (ote, #hich impro(ed the situation slightly$ Prison authorities introduced some (ocational training programs to assist inmates, future integration into society, #hich also led to some impro(ement$ 3he 'o(ernment permitted prison (isits by human rights obser(ers1 ho#e(er, authorities imposed more restricti(e conditions for prison (isits$ 3he ne# conditions, #hich are based on internal regulations that the inistry does not release to the public, reBuire that the (isit be reBuested by a prisoner and be announced ! to ; days in ad(ance$ 3he authorities ga(e access to the prisons to 80C representati(es of 26; ne#spapers and local or national 3E stations during the first si2 months of the year$ Prison units and minors, detention centers #ere (isited by 2,;C: persons, including 2:" foreign citi4ens, representing 2!C &'<s during the same period$ *ome &'<s, such as the )nternational Committee of the Red Cross -)CRC., obtained appro(al to meet #ee5ly, monthly, or bimonthly #ith prisoners #ithout the presence of third parties$ Eisits to se(eral penitentiaries by human rights organi4ations highlighted the problem of o(ercro#ding$ 9or e2ample, Ploiesti penitentiary held ",":0 detainees in a space designed for 670$ %ccording to %P%D<R-CH, o(ercro#ding has become less of a problem in other institutions$ )n a ay 2! (isit to Bistrita penitentiary, %P%D<R-CH found that there #ere C;8 beds for ",0!! detainees, an impro(ement o(er pre(ious years$ )n a similar (isit on arch "; to 'iurgiu Penitentiary, built in "CC;, %P%D<R-CH found the number of detainees only slightly e2ceeded the capacity of ",000$ d$ %rbitrary %rrest, Detention, or ?2ile

3he Constitution prohibits arbitrary arrest and detention1 ho#e(er, at times the authorities did not respect this right in practice$ 3he la# forbids the detention of anyone for more than 2; hours #ithout an arrest #arrant from a prosecutor, #ho may order detention for up to !0 days, and authorities generally respected this pro(ision in practice$ Detention can be e2tended past the !0-day limit only by a court ruling1 ho#e(er, courts and prosecutors often e2tended pretrial detention, to se(eral years in some cases$ Pretrial detention counts to#ards sentence time if a detainee is con(icted$ <ne out of e(ery three indi(iduals in the prison system in "CC: #as a pretrial detainee, compared #ith one in fi(e in 2000$ 3he la# reBuires the authorities to inform those arrested of the charges against them and of their right to an attorney at all stages of the legal process$ Police must notify defendants of this right in a language they understand before obtaining a statement1 ho#e(er, police often did not inform citi4ens of their rights$ )n addition, the prosecutor,s office may delay action on a reBuest for a la#yer for up to : days from the date of arrest$ Detainees ha(e the right to apply for bail, but in practice bail rarely #as granted$ Detainees may also as5 for a hearing before a /udge$ *uch a reBuest must be granted #ithin 2; hours$ Police often too5 ad(antage of a Police <rgani4ation La# pro(ision, #hich states that persons endangering the public, other persons, or social order and #hose identity cannot be established, may be ta5en to a police station$ Police used this pro(ision of the la# to detain persons for up to 2; hours at police stations$ 3he ne# Police <rgani4ation La# appears to e2tend this pro(ision$ )n %pril the *upreme Court ruled that such detention #as not arbitrary$ Roma #ere disproportionately affected by this detention pro(ision and often #ere (ie#ed suspiciously by police$ 3hey often lac5ed appropriate identity documents, #hich made it easier for police to apply this article$ 0nder the la#, minors detained by police and placed under guard in a center for the protection of minors are considered by /udicial authorities to be in detention or under arrest if they are older than "7, or, if bet#een the ages of "; and "7, if they ha(e committed a crime consciously$ Ho#e(er, since the Penal Code does not apply to minors in these centers until their cases are referred to a prosecutor, police #ere permitted to Buestion them #ithout restriction and could hold those suspected of criminal offenses for up to !0 days in such centers$ Local and international human rights groups called on the 'o(ernment to change this la#, #hich appears to be in conflict #ith the Constitution$ %ccording to %P%D<R-CH, the )nterior inistry issued ne# instructions on detention in "CCC that pro(ide for the confidentiality of discussions bet#een detainees and their la#yers1 this la# #as respected in practice$ 3he 'o(ernment detained asylum see5ers indefinitely in some cases -see *ection 2$d$.$ 3he la# prohibits forced e2ile, and the 'o(ernment did not employ it$ e$ Denial of 9air Public 3rial 0nder the la#, the /udicial branch is independent of other go(ernment branches1 ho#e(er, it remained sub/ect to influence by the e2ecuti(e branch$ embers of the *enior Council of agistrates -C* ., #hich controls the selection, promotion, transfer, and sanctioning of /udges, are appointed by Parliament from a list pro(ided by the courts and prosecutorial offices represented on the council$ Ho#e(er, the Austice inister chairs the C* as a non(oting member, pro(ides much of the staff #or5 for the C* , and controls its agenda$ 3he Austice inister also super(ises by la# the prosecutors #ho ma5e up a significant portion of the C* $ 3he /udicial system #as #idely regarded as #ea5, inefficient, and suffering from systemic corruption, although the inistry of Austice continued to in(estigate and bring prosecutions against corrupt /udges and officers$ )n Aune Parliament enacted a *eptember 200" emergency ordinance establishing a &ational %nti-Corruption Prosecutor,s <ffice$ 3his body is authori4ed to in(estigate charges of corruption by high officials and instances of corruption that ha(e generated more than D"00,000 -!$! billion lei. in damage or seriously disturbed the acti(ity of public authorities$ 3he la# establishes a four-tier legal system, including appellate courts$ Defendants ha(e final recourse to the *upreme Court or, for constitutional matters, to the Constitutional Court$ 3he /udicial system establishes a prosecutor,s office associated #ith each court$

Audicial cases in(ol(ing military personnel and the police are tried in military courts$ Local and international human rights groups ha(e critici4ed this system, claiming that the military prosecutor,s in(estigations #ere unnecessarily lengthy and often purposefully inconclusi(e -see *ection "$c$.$ %s a result of the Police <rgani4ation La#, #hich too5 effect in ay, ci(ilian courts and prosecutors began to try cases in(ol(ing the &ational Police but not other la# enforcement bodies$ 3he la# pro(ides for the right to a fair trial1 ho#e(er, the /udiciary suffered from systemic corruption$ Defendants are presumed innocent$ 3he Penal Code reBuires that an attorney be appointed for a defendant #ho cannot afford legal representation or is other#ise unable to select counsel$ )n practice the local bar association pro(ided attorneys to the indigent and #as compensated by the inistry of Austice$ ?ither a plaintiff or a defendant may appeal$ 3he la# pro(ides that confessions e2tracted as a result of police brutality may be #ithdra#n by the accused #hen brought before the court1 the practice of e2tracting confessions through beating occurred occasionally -see *ection "$c$.$ Due to a lac5 of a plea bargaining, the /udicial system tended to be inefficient and slo#$ %n a(erage case too5 four and a half years to complete$ 3here #ere no reports of political prisoners$ f$ %rbitrary )nterference #ith Pri(acy, 9amily, Home, or Correspondence 3he la# prohibits such actions1 ho#e(er, there #ere some restrictions$ 3he Constitution pro(ides for protection against the search of a residence #ithout a #arrant1 ho#e(er, this protection is subordinate to @national security or public order$@ 3he la# defines national security (ery broadly and lists as threats not only crimes such as terrorism, treason, espionage, assassination, and armed insurrection but also totalitarian, racist, and anti-*emitic actions or attempts to change the e2isting national borders$ *ecurity officials ha(e the authority to enter residences #ithout authori4ation from a prosecutor if they deem a threat to national security to be @imminent1@ ho#e(er, such actions #ere rare$ 3he Constitution states that the pri(acy of legal means of communication is in(iolable1 thus, the Romanian )nternal )ntelligence *er(ice -*R). is prohibited legally from engaging in political acts -for e2ample, #iretapping on behalf of the 'o(ernment for political reasons.$ Ho#e(er, the la# allo#s the security ser(ices to monitor communications on national security grounds after obtaining authori4ation$ 3he la# reBuires the *R) to obtain a #arrant from the @public prosecutor specially appointed by the 'eneral Public Prosecutor@ in order to carry out intelligence acti(ities in(ol(ing @threats to national security$@ )t may engage legally in a #ide (ariety of operations such as sur(eillance1 reBuesting official documents or information1 or consulting #ith technical e2perts, to determine if a situation meets the legal definition of a threat to national security or to pre(ent a crime$ 3he la# permits citi4ens access to secret police files 5ept by the Communist 'o(ernment$ 0nder the la#, any indi(idual #ho held Romanian citi4enship after "C;: is entitled to ha(e access to his file1 a council appro(ed by Parliament re(ie#s the files and releases the information unless it #as a state secret or could threaten national security$ 3he files remain in the custody of the intelligence ser(ices$ 3his la# has been critici4ed for e2empting files of current employees of the intelligence ser(ices from re(ie# and for restricting the definition of an informer to an indi(idual #ho recei(ed actual payment for ser(ices$ )n arch 200", Parliament passed legislation reBuiring indi(idual citi4ens to report foreign guests to the police if the guest remained in the country for more than 2 #ee5s1 this legislation #as critici4ed by human rights groups as infringing on pri(acy rights$ *ome minority groups, including ethnic Hungarians and 'ermans, also e2pressed concern o(er the la#, since they often ha(e family (isitors for e2tended periods of time$ 3#enty Roma li(ing in tents in the Eacaresti La5e area of Bucharest #ere gi(en notice to lea(e by ay ":$ =hen they failed to do so, city hall representati(es pulled do#n their tents, citing the lac5 of sanitary li(ing conditions as the reason for e(iction$ <bser(ers disputed the legal basis for this act and alleged it #as prompted by anti-Roma pre/udice$ *ection 2 Respect for Ci(il Liberties, )ncluding+

a$ 9reedom of *peech and Press 3he Constitution pro(ides for freedom of e2pression and of the press, and the 'o(ernment generally respected these rights in practice1 ho#e(er, the prohibitions against @defamation of the country@ and @offense to authority@ limited these rights$ )ndependent media continued to gro# in an increasingly competiti(e mar5et$ *e(eral hundred daily and #ee5ly ne#spapers #ere published$ 9oreign ne#s publications may be imported and distributed freely, but high costs, compared to domestic publications, limited their circulation$ *e(eral pri(ate tele(ision stations broadcast nation#ide, #ith the largest reaching appro2imately ;: percent of the rural and 8: percent of the urban mar5et$ 3here #ere ""6 pri(ate tele(ision stations and 270 pri(ate radio stations$ %ppro2imately !$; million households #ere #ired for cable, gi(ing significant portions of the population access to both pri(ate and foreign broadcasts$ *tate 3ele(ision -R3E., Radio Romania, and the ?uropa 9 radio net#or5 remained the only national broadcasters capable of reaching the bul5 of the rural population at year,s end$ )ndependent stations continued to enlarge their co(erage throughout the country by o(er-the-air, cable, and satellite transmissions$ Press and tele(ision co(erage generally reflected the political (ie#points of o#ners, #hich co(ered most of the political spectrum$ *tate-o#ned tele(ision and radio co(erage tended to be biased in fa(or of the 'o(ernment$ )n December 200", on a party line (ote, the ruling party forced out the go(erning board of the state o#ned radio net#or5, #hich had been appointed by a pre(ious 'o(ernment$ 3he ne# radio leadership reflected the ruling party,s (ie#s in its co(erage$ edia accuracy #as not high but has been impro(ing gradually$ 3he Penal Code has been critici4ed by human rights organi4ations and /ournalists for including /ail terms for those con(icted of libel or calumny$ )n ay the Chamber of Deputies replaced the prison term for insult #ith a fine$ Ho#e(er, the 'o(ernment retained a prison term -2 to 2; months. for libel$ 3he sentence #as increased to ! to !7 months for libel directed at go(ernment officials$ 3he mo(e #as #idely critici4ed by press and human rights organi4ations$ %lthough President )liescu stated that insult and calumny must be penali4ed in some form, in <ctober he returned the ordinance to Parliament, as5ing that the prison penalty for calumny be dropped$ 3he issue #as still pending at year,s end$ %rticle "78 of the Penal Code pro(ides criminal penalties for spreading false information aimed at attac5ing the country,s national security$ 0sing this article, in Aanuary the 'o(ernment briefly detained t#o indi(iduals suspected of publici4ing information o(er the )nternet about alleged corruption in(ol(ing the Prime inister$ 3he 'o(ernment also instituted proceedings against opposition ultranationalist politician Corneliu Eadim 3udor under article "78 after he asserted, shortly after *eptember "", 200", that the 'o(ernment had trained Hamas terrorists in the mid-"CC0s$ 3he 'o(ernment, responding that they had trained Palestinian %uthority security officers, stripped 3udor of his Parliamentary immunity and continued to prosecute him during the year on the grounds that he had disseminated false information #hich endangered state security or the country,s international relations$ &'<s defending freedom of the press and the media reported that /ournalists of the local Fiarul de Erancea ne#spaper #ere (ictims of (arious types of pressure and harassment allegedly orchestrated by the President of the Erancea County Council, a member of the ruling P*D party$ 9inancial regulators repeatedly harassed /ournalists #ho #ere critical of the local go(ernment, demolished the ne#spaper,s 5ios5s, and e(icted them from their offices, e(en though the rent had been paid in ad(ance$ Local officials, including the Erancea Prefect, also filed numerous court cases against Fiarul de Erancea /ournalists$ %ccess to the )nternet #as not restricted$ 3he 'o(ernment did not restrict academic freedom$ b$ 9reedom of Peaceful %ssembly and %ssociation 3he Constitution pro(ides for freedom of assembly, and the 'o(ernment generally respected that right in practice$ 3he la# on public assembly pro(ides for the right of citi4ens to assemble peacefully #hile unarmed but states that meetings must not interfere #ith other economic or social acti(ities and may

not be held near locations such as hospitals, airports, or military installations$ <rgani4ers of demonstrations must inform local authorities and police before the e(ent$ %uthorities may forbid a public gathering by notifying the organi4ers in #riting #ithin ;8 hours of receipt of the reBuest$ 3he la# prohibits the organi4ation of, or participation in, a counter demonstration held at the same time as a scheduled public gathering$ % la# passed in arch forbids fascist, communist, racist, or 2enophobic symbols -statues of #ar criminals are not permitted on public land., ideologies, or organi4ations$ 0nauthori4ed demonstrations or other (iolations #ere punished by imprisonment and fines$ 3he Constitution pro(ides for freedom of association, and the 'o(ernment generally respected this right in practice$ Political parties gain legal status if they ha(e at least "0,000 members$ c$ 9reedom of Religion 3he Constitution pro(ides for freedom of religion, and the 'o(ernment generally respected this right in practice1 ho#e(er, there #ere some restrictions, and se(eral minority religious groups continued to claim credibly that lo#-le(el go(ernment officials and Romanian <rthodo2 clergy impeded their efforts at proselyti4ing and interfered #ith other religious acti(ities$ 3he press reported se(eral instances #hen adherents of minority religions #ere pre(ented from practicing their faith, and local la# enforcement authorities did not protect them$ 3he Romanian <rthodo2 Church predominates1 appro2imately 87 percent of the population nominally adheres to it$ 3he 'o(ernment officially recogni4es ": religions1 only the clergy of these ": recogni4ed religions are eligible to recei(e state financial support$ Recogni4ed religions ha(e the right to establish schools, recei(e funds to build churches, pay clergy salaries #ith state funds, subsidi4e clergy,s housing e2penses, broadcast religious programming on radio and tele(ision, apply for broadcasting licenses for denominational freBuencies, and en/oy ta2-e2empt status$ 3he number of adherents each religion had in the "CC2 census determines the proportion of the budget that each recogni4ed religion recei(es$ Representati(es of minority religious groups disputed the "CC2 census results, claiming that census ta5ers in some cases argued #ith citi4ens o(er their religious affiliation or assigned an affiliation e(en #ithout inBuiring about religious affiliation$ % ne# census #as conducted in arch, but its final results #ill not be published until 200!$ Religious and ethnic groups complained that census ta5ers undercounted their numbers or misidentified their members as being in the ethnic Romanian <rthodo2 ma/ority during the census$ 3he 'o(ernment reBuires religious groups to register, and go(ernment registration and recognition reBuirements posed obstacles to minority religions$ Representati(es of religious groups that sought recognition after "CC0 alleged that the registration process #as arbitrary and unduly influenced by the Romanian <rthodo2 Church$ 3hey also complained that they did not recei(e clear instructions concerning the reBuirements, and that often the *tate *ecretary on Religions did not respect the time frame in #hich they had to ma5e a decision on their application$ During the year, the 'o(ernment failed to comply #ith a *upreme Court order to gi(e Aeho(ah,s =itnesses status as a religion$ 3he 'o(ernment has not granted any religious group status as a religion since "CC0$ 3he 'o(ernment registered religious groups that it did not recogni4e either as religious and charitable foundations or as non-profit cultural associations$ % ay 2000 la# simplified this registration process and remo(ed the minimum number of members reBuired to set up religious associations and foundations$ 3he la# does not prohibit or punish assembly for peaceful religious acti(ities1 ho#e(er, se(eral minority religious groups complained that on (arious occasions local authorities and <rthodo2 priests pre(ented religious acti(ities from ta5ing place, e(en #hen their organi4ers had been issued permits$ 3he ?(angelical %lliance reported difficulties in obtaining appro(al to use public halls for religious acti(ities follo#ing negati(e press campaigns that described neo-Protestant religions as @sects$@ <rthodo2 priests incited the local population against acti(ities sponsored by the %d(entist Church in Probata-)asi County, #here the situation stabili4ed only #hen the local authorities inter(ened$ &e# regulations regarding building permits for @places of #orship,@ issued by the 'o(ernment in ay

200", no longer differentiated bet#een recogni4ed and unrecogni4ed religions in terms of #hat they are allo#ed to build as places of #orship$ Prior to this, unrecogni4ed religions recei(ed building permits for @halls of prayer@ only and not for @places of #orship$@ %lthough most minority religious groups declared that they had recei(ed permits to build places of #orship #ithout any difficulty, some of them made credible complaints that these regulations generated delays in the process$ %lthough protected by la#, se(eral minority religious groups, #hich include both recogni4ed and unrecogni4ed religions, made credible complaints that lo#-le(el go(ernment officials and Romanian <rthodo2 clergy impeded their efforts to proselyti4e, interfered in religious acti(ities, and other#ise discriminated against them during the year$ )n some instances, local police and administrati(e authorities tacitly supported societal campaigns against proselyti4ing that at times #ere (iolent$ =hile there is no la# against proselyti4ing, in some localities proselyti4ing #as percei(ed as being directed at adherents of established churches, and conflicts occurred$ Recogni4ed religions also ha(e the right to teach religion in public schools1 ho#e(er, a number of religious groups, including the Baptists, reported that they had been unable to ha(e classes offered in their faiths in public schools because of the influence of the <rthodo2 Clergy$ )n at least one instance, a child #ho #as a member of Aeho(ah,s =itnesses #as threatened #ith not graduating unless she attended the <rthodo2 religious classes$ Pre(iously, a small number of religious and communal properties confiscated under the Communist regime #ere restituted by go(ernment decrees in lieu of a restitution la#$ )n Aune Parliament passed a la# restituting large numbers of religious properties confiscated by the Communist regime$ )n many cases religious minorities did not succeed in regaining actual possession of the properties despite the restitution by these decrees$ any properties returned by decree house state offices, schools, hospitals, or cultural institutions that #ould reBuire relocation, and la#suits and protests by current possessors delayed restitution of the property to the rightful o#ners$ 3he 'ree5 Catholic, or 0niate, Church made only limited progress in reco(ering its properties ta5en by the Romanian <rthodo2 Church after its forced merger in "C;8$ 3he return of places of #orship #as specifically e2cluded from the pro(isions of the Aune la#$ 3his e2clusion primarily affects the 'ree5 Catholics1 churches of other faiths generally #ere not sei4ed by the Communists$ <f the appro2imately 2,700 properties to #hich the 'ree5 Catholic Church has claim, only a handful ha(e been returned$ 3he 'ree5 Catholic Church had (ery fe# places of #orship$ any follo#ers still #ere compelled to hold ser(ices in public places or par5s -28C such cases, according to 'ree5 Catholic reports.$ )n order to a(oid restitution, the <rthodo2 Church demolished many 'ree5 Catholic churches under (arious prete2ts, including that the buildings #ere structurally unsafe$ )n 9ebruary the <rthodo2 Patriarch, in a letter to the inister of Austice, described court rulings in fa(or of the 'ree5 Catholic Church as @illegal@ and @abusi(e@ and stated that decisions on such cases should be made only by the /oint <rthodo2-'ree5 Catholic committee$ 3he inister of Austice distributed the letter to all Courts of %ppeal$ <n the night of arch ":, a group of <rthodo2 follo#ers, led by an <rthodo2 priest, occupied a recently restituted 'ree5-Catholic church in <cna ures, %lba County$ 'ree5 Catholic #itnesses say that armed police forces did nothing and e(en assisted #ith the occupation$ 3he church #as returned to the 'ree5 Catholic church by court ruling at the end of the year$ Restitution of the e2isting churches #as a critical factor to both sides, because local residents #ere li5ely to attend their local church #hether it #as 'ree5 Catholic or <rthodo21 thus the number of belie(ers and share of the state budget allocation for religions is at sta5e$ 3he historical Hungarian churches, including the Hungarian Roman Catholic and the Hungarian Protestant Reformed, ?(angelical, and 0nitarian churches, ha(e recei(ed only a small number of their properties bac5 from the 'o(ernment$ <ut of ",6C" buildings claimed by the Hungarian churches, ""! #ere restituted by go(ernment decrees1 ho#e(er, the churches in(ol(ed #ere permitted to ta5e actual possession of fe#er than 20$ 9ollo#ing discussions bet#een the ruling P*D and the Democratic 0nion of Hungarians

-0D R. at the beginning of ay, small steps #ere made to#ard speeding up the actual restitution of "! buildings -C of them belonging to the Hungarian churches. returned by pre(ious decrees$ 3he Ae#ish community has recei(ed ;2 buildings by go(ernment decree but has obtained actual possession of less than half of them$ )n Aune 200", members of the @&e# Right@ -&oua Dreapta. organi4ation -a small, e2treme-right group #ith nationalistic, 2enophobic (ie#s. beat four ormon missionaries #ho #ere riding on a streetcar in Bucharest$ &o measures #ere ta5en against the group$ any representati(es of minority religions credibly complained that pri(ate and go(ernmental organi4ations operating hospitals, children,s homes, and shelters for the elderly often permitted only <rthodo2 priests to grant religious assistance in them$ Charitable acti(ities carried out by other churches in children,s homes and shelters often ha(e been interpreted as proselyti4ing$ %ccording to the *e(enth-Day %d(entist Church, <rthodo2 priests ha(e not allo#ed %d(entist ministers to conduct burial rituals in localities, primarily in rural areas, #here the number of %d(entist members #as small$ embers of Aeho(ah,s =itnesses complain that the number of cases in #hich their ministers ha(e been abused (erbally and physically by persons incited by <rthodo2 priests -#ho often too5 an acti(e part in these actions. increased$ *uch cases #ere reported in *utesti and Dragasani -Ealcea County. and Budesti -Bistrita &asaud County.$ 3he far-right press continued to publish anti-*emitic articles$ 3he Legionnaires -)ron 'uard., an e2treme nationalist, anti-*emitic, pro-&a4i group, continued to republish inflammatory boo5s from the inter#ar period$ ?2tremist publicists made repeated attempts to deny that Holocaust acti(ities occurred in Romania or in Romanian administered territory$ %t the end of Aune, the local police confiscated 2,000 copies of an anti-*emitic boo5 published in %rad by a foreign-based )ron 'uard member$ Religious ser(ices to commemorate legionnaire leaders continued to be held in <rthodo2 churches$ During the year, Ae#ish cemeteries #ere desecrated in four localities$ 3#o synagogues #ere desecrated during the same period1 the perpetrators #ere not identified$ &o progress #as made on in(estigations into the desecration of Ae#ish synagogues and cemeteries in 200", 2000, and "CCC$ ost mainstream politicians publicly critici4ed anti-*emitism, racism, and 2enophobia as #ell as attempts to deny the Holocaust and to rehabilitate =orld =ar )) dictator arshal )on %ntonescu$ )n arch a course in the history of the Holocaust #as included among sub/ects to be studied at the &ational =ar College -directly subordinated to the inistry of Defense.$ During the same month, the 'o(ernment issued t#o emergency ordinances against fascist, racist, and 2enophobic organi4ations1 against the cult of #ar criminals -#hich refers to attempts to rehabilitate %ntonescu, #ho #as e2ecuted in "C;7 as a #ar criminal.1 and for the protection of Ae#ish cemeteries and synagogues$ )n accordance #ith the first ordinance, si2 statues of arshal %ntonescu -in Piatra &eamt, *lobo4ia, Letcani, Aila(a, Calarasi, and *armas. #ere ta5en do#n$ % arshal )on %ntonescu sBuare in Piatra &eamt #as renamed at the end of %pril$ %ccording to the Baha,i 9aith, a group of youths disrupted a sho# and an e2hibit sponsored by their association in Herestrau Par5 in Bucharest in Auly 2000$ 3he youths called the Baha,is a @sect,@ used a &a4i greeting, shouted @long li(e the <rthodo2 Church,@ and destroyed all the e2hibit materials$ 3he police cooperated #ith the Baha,is in in(estigating the incident, but it had not been resol(ed by year,s end, and there #as no sign that the in(estigation #as continuing$ 9or a more detailed discussion see the 2002 )nternational Religious 9reedom Report$ d$ 9reedom of o(ement =ithin the Country, 9oreign 3ra(el, ?migration, and Repatriation 3he la# pro(ides for these rights, and the 'o(ernment generally respected them in practice$ )n Auly the mayor,s office in Bucharest #or5ed #ith the @Roma Party of *ector 7@ -a district of the city. to con(ince Roma illegally li(ing on public land in *ector 7 to return to their original homes$ =hen the Roma Party and the mayor,s office failed to con(ince the Roma to lea(e the public land and return to their homes (oluntarily #ithin 62 hours, the Roma #ere remo(ed by force and returned to their localities of origin$

3he la# pro(ides for the granting of asylum and refugee status in accordance #ith the "C:" 0$&$ Con(ention Relating to the *tatus of Refugees and its "C76 Protocol$ 3he 'o(ernment cooperated #ith the 0$&$ High Commissioner for Refugees -0&HCR. and other humanitarian organi4ations in assisting refugees$ 3he 'o(ernment pro(ides first asylum$ %ccording to the &ational Refugee <ffice, bet#een Aanuary and Aune, :!2 indi(iduals submitted applications for asylum, and ;" #ere appro(ed$ 3here #ere no (oluntary repatriations$ 3he la# establishes a refugee office in the )nterior inistry to recei(e, process, and house asylum see5ers$ 3he )nterior inistry and the Labor inistry funded programs to assist asylum see5ers and refugees$ 9inancial support pro(ided by the 'o(ernment -reimbursable loans for a period of 7 to C months. #as minimal1 it usually #as not enough to co(er basic needs$ 3he 'o(ernment pro(ided temporary accommodation in a fe# locations1 ho#e(er, the facility in Bucharest operated #ell belo# its capacity$ Programs for integrating refugees into society de(eloped slo#ly$ %n increasing number of transiting illegal migrants regarded the country as a springboard to other countries$ 3here #ere no reports during the year of the forced return of persons to a country #here they feared persecution$ 3he 0&HCR e2pressed some concern o(er cases in #hich the 'o(ernment re(ersed an initial acceptance of an asylum claim on undefined @national security@ grounds$ *ection ! Respect for Political Rights+ 3he Right of Citi4ens to Change 3heir 'o(ernment 3he Constitution pro(ides citi4ens #ith the right to change their go(ernment peacefully, and citi4ens e2ercised this right in practice through periodic free and fair elections held on the basis of uni(ersal suffrage$ )n &o(ember and December 2000, in elections that #ere /udged to be generally free and fair, the center-left P*D #on a near ma/ority in the legislature and the P*D candidate, )on )liescu, #on the presidency$ 3he P*D go(erned as a minority 'o(ernment, #ith support from the Democratic 0nion of Hungarians in Romania -0D R.$ 3he e2tremist, 2enophobic 'reater Romania Party -PR . #on the ne2t largest share of parliamentary and presidential (otes$ %llegations of #idespread (oting fraud from the losing PR candidate, Corneliu Eadim 3udor, #ere not /udged to be credible$ &o legal restrictions hindered the participation of #omen in go(ernment or politics but societal attitudes #ere a significant impediment$ 3he Parliament #as composed of "0$! percent #omen, #ith "2 *enators and !8 Deputies$ =omen ministers constituted 20 percent of the cabinet, holding fi(e ministerial posts$ =omen in general (oted in the same proportion as men$ &one of the ;" county prefects, an appointed position to represent the central 'o(ernment at the county le(el, #ere #omen$ 3he Constitution and electoral legislation grant each recogni4ed ethnic minority one representati(e in the Chamber of Deputies, pro(ided that the minority,s political organi4ation obtains at least : percent of the a(erage number of (alid (otes needed to elect a deputy outright$ <rgani4ations representing "8 minority groups elected deputies under this pro(ision in 2000$ ?thnic Hungarians, represented by the 0D R, obtained parliamentary representation through the normal electoral process$ Roma #ere underrepresented in Parliament1 lo# Roma (oter turnout and internal di(isions #or5ed against the consolidation of (otes for one candidate, organi4ation, or party$ 3here #ere t#o Romani parliamentarians1 the former Romani minority representati(e /oined the P*D and sat in the legislature, and the Constitution and electoral legislation pro(ide for one seat for Roma$ During the year, the P*D signed protocols of cooperation #ith Hungarian, 'erman, and Roma minority parties$ *ection ; 'o(ernmental %ttitude Regarding )nternational and &ongo(ernmental )n(estigation of %lleged Eiolations of Human Rights % number of domestic and international human rights groups generally operated #ithout go(ernment restriction, in(estigating and publishing their findings on human rights cases$ Domestic human rights monitoring groups included %P%D<R-CH, the independent Romanian *ociety for Human Rights -*)RD<., the League for the Defense of Human Rights -L%D<., the Romanian )nstitute for Human Rights, and se(eral issue-specific groups, such as the Goung 'eneration of Roma and the Center for Crisis )nter(ention and *tudy, also a Romani &'<$ <ther groups, such as political parties and trade

unions, continued to maintain sections to monitor the obser(ance of human rights$ 3hese groups, as #ell as international human rights organi4ations, functioned freely #ithout go(ernment interference$ 'o(ernment officials #ere generally cooperati(e and responsi(e to &'<s, although some offices #ere slo# to respond to inBuiries$ Local human rights monitoring agencies found it difficult to obtain statistics concerning police abuses$ 3he inistry of the )nterior, #hich is responsible for in(estigating such abuses, responded une(enly to inBuiries from monitors$ <ften (ictims #ere reluctant to come for#ard, and the 'o(ernment did not promote transparency in this regard$ )n 9ebruary 2000, the inistry of the )nterior tightened conditions for prison (isits by human rights organi4ations -see *ection "$c$.$ %n <mbudsman,s <ffice #or5ed to protect citi4ens against abuses by public officers$ )n 200" the office recei(ed 7,886 complaints1 of these only ",76" #ere accepted as falling under the <mbudsman,s /urisdiction$ By ay !", 2,:0C complaints had been addressed to the <mbudsman,s office, only ;:6 of them #ere in its /urisdiction$ ore than half of them--",828--related to social, economic, and cultural rights$ 3he office registered these complaints and #as obliged by la# to pro(ide an initial response #ithin a year of the date that they #ere recorded$ 3he <mbudsman #as moderately effecti(e1 ho#e(er, the lac5 of e2ecuti(e po#ers limited the <mbudsman,s authority$ 3he office dealt not only #ith human rights but #ith all facets of citi4ens, interaction #ith the 'o(ernment$ 3he <mbudsman,s role still #as not fully clear to the public$ any complaints #ere re/ected because they related to problems #ith the /udiciary and not the administration$ *ection : Discrimination Based on Race, *e2, Disability, Language, or *ocial *tatus 3he Constitution forbids discrimination based on race, nationality, ethnic origin, language, se2, opinion and political allegiance, #ealth, or social bac5ground$ Ho#e(er, in practice the 'o(ernment did not enforce these pro(isions effecti(ely, and #omen, Roma, and other minorities #ere sub/ect to (arious forms of discrimination$ )n Aanuary Parliament ratified a *eptember 2000 emergency ordinance that outla#s discrimination based on a number of factors and introduces the ability to sue on the grounds of discrimination$ Ho#e(er, the ma/or tool--the &ational Council on Combating Discrimination--#as not established until Auly !"$ %t the end of %pril, a large number of &'<s acti(e in combating discrimination protested the 'o(ernment,s non-transparent manner of nominating the members of the Council,s board and its failure to consult human rights &'<s on this issue$ %ccording to 0&<P%, the principle of confidentiality and the right to #or5 #ere sometimes disregarded$ 9or e2ample, employees #ere hired and fired in certain situations according to their H)E status, although this (iolated the country,s labor rights legislation$ =omen Eiolence against #omen, including rape, continued to be a serious problem$ Both human and #omen,s rights groups credibly reported that domestic (iolence #as common, and a "CCC report by the 0$&$ Children,s 9und -0&)C?9. emphasi4ed that (iolence against #omen in the #or5place #as common$ %ccording to a 0$&$ population sur(ey conducted in the fall, ;: percent of Romanian #omen ha(e been (erbally abused, !0 percent physically abused, and 6 percent se2ually abused$ % complicated criminal process discouraged domestic (iolence (ictims from pressing charges against perpetrators$ Police often #ere reluctant to inter(ene in instances of domestic (iolence$ 3here #as no specific legislation dealing #ith spousal abuse or spousal rape$ 3he prosecution of rape #as difficult because it reBuired both a medical certificate and a #itness, and a rapist could a(oid punishment if he married the (ictim$ 3he successful prosecution of spousal rape #as almost impossible$ % la# passed in Aanuary mandated the same penalties for rape and se2ual abuse irrespecti(e of the (ictim,s gender$ 3here #ere reports of traffic5ing of #omen -see *ection 7$f$.$ 3he Constitution grants #omen and men eBual rights1 ho#e(er, in practice the 'o(ernment did not

enforce these pro(isions, nor did the authorities focus attention or resources on #omen,s issues$ <n ay 8, the 'o(ernment passed La# 202, ?Buality for both =omen and en, prohibiting any act of gender discrimination, including se2ual harassment$ 9e# resources #ere a(ailable for #omen #ho e2perienced economic discrimination$ Despite e2isting la#s and educational eBuality, #omen had a higher rate of unemployment than men, occupied fe# influential positions in the pri(ate sector, and earned lo#er #ages$ % department in the inistry of Labor and *ocial Protection ad(anced #omen,s concerns and family policies$ 3his department organi4ed programs for #omen, proposed ne# la#s, monitored legislation for se2ual bias, targeted resources to train #omen for s5illed professions, and addressed the problems of single mothers, especially in rural areas$ 3here is an <mbudsman #ithin the department for child, #oman, and family protection to resol(e complaints of discrimination$ Children 3he 'o(ernment administers health care and public education programs for children, despite scarce domestic resources #hich limited the a(ailability of these ser(ices$ )nternational agencies and &'<s supplemented go(ernment programs in these areas$ ?ducation #as free and compulsory through the eighth grade$ %fter the eighth grade, schools charged fees for schoolboo5s, #hich discouraged attendance for lo#er income children, particularly Roma children$ During the 200"-2002 school year, !,C:",:62 children -appro2imately C7 percent of primary school-age children. attended school, including 5indergarten$ Boys and girls generally recei(ed the same treatment in schools$ 3he inistry of ?ducation reported that the dropout rate in the 2000-200" school year, calculated by the &ational )nstitute for *tatistics, #as appro2imately 0$7 percent$ 3his figure represented a significant decrease in the dropout rate since "CC6-C8, #hen 20 percent of children under ": left school$ Li(ing conditions in all child care institutions seriously deteriorated in "CCC and ha(e not impro(ed substantially since that time$ )nspectors #ho (isited institutions and identified humanitarian needs at the reBuest of the ?uropean 0nion Commission reported that #hile conditions #ere not eBual in all institutions, the general situation #as unacceptable in terms of basic infrastructure as #ell as hygiene, medical care, nutrition, and general assistance$ %ccording to official statistics, there #ere appro2imately 70,000 children in state institutions$ Repeated treatment interruptions for %)D* patients, mostly children, #ere reported by the &ational 0nion of <rgani4ation of the Persons %ffected by H)EH%)D* -0&<P%.$ 3he unnecessary discontinuity of treatment #as more harmful than non-treatment and increased the potential of drug resistance de(elopment$ Large numbers of impo(erished and apparently homeless, but not necessarily orphaned, children #ere seen on the streets of the larger cities$ % "CC8-"CCC study by 0&)C?9 and *a(e the Children estimated that there #ere 2,:00 children li(ing on the streets of the capital in the summer #hen the number generally pea5s, but the 'o(ernment did not ha(e statistics defining the scope of the problem nation#ide$ % significant percentage had left large institutions #ith no s5ills and employment and no ability to earn a li(ing or obtain housing$ 3here #as no systematic pro(ision of labor mar5et information, s5ills training, or /ob placement ser(ices for these young persons, and there #as a high probability that they #ould gra(itate to the streets, engaging in prostitution or traffic5ing$ %lthough the 'o(ernment too5 some initiati(es, including the creation of emergency recei(ing facilities to address these problems, there has been no systematic effort to pre(ent ne# children from /oining the street population or to integrate children li(ing on the streets$ )n &o(ember 200" the *ocial %ssistance La# too5 effect1 it targets more assistance to children in po(erty$ Legal pro(isions to protect children from abuse and neglect #ere inadeBuate$ =hile there are criminal penalties, there #as no consistent policy and procedure for reporting child abuse and neglect and no

system to pro(ide treatment to families #ho abuse their children$ 3he &ational %uthority for Child Protection and %doption monitored abuse cases$ %s of the end of the year, a tas5 force coordinated by the &ational %uthority for Child Protection and %doption #as de(eloping standards, training, policies, and procedures for child abuse and neglect$ 3here #as no perceptible societal pattern of abuse against children1 ho#e(er, a sur(ey by a local polling firm conducted in 200" found that ;" percent of #omen and :C percent of men reported that they had e2perienced physical or (erbal abuse as children$ &'<s #or5ing #ith children remained particularly concerned about the number of minors detained in /ail and prison -see *ection "$c$.$ 3hese &'<s continued to see5 alternati(e solutions to sending /u(eniles to prison, such as parole$ Because time ser(ed #hile a#aiting trial counts as part of the prison sentence but does not count to#ards the time to be ser(ed in a /u(enile detention center, some minors actually reBuested prison sentences$ 3raffic5ing in girls for the purpose of prostitution #as a problem -see *ection 7$f$.$ Persons #ith Disabilities Difficult economic conditions and serious budgetary constraints contributed to (ery difficult li(ing conditions for those #ith physical or mental disabilities$ <utside of large institutions, social ser(ices for persons #ith disabilities #ere almost none2istent$ any persons #ith disabilities could not ma5e use of go(ernment-pro(ided transportation discounts because public transport did not ha(e facilitated access$ 3he la# does not mandate accessibility for persons #ith disabilities to buildings and public transportation$ %ccording to official statistics, there #ere !,:00 children #ith disabilities li(ing in state institutions1 conditions in these institutions ranged from adeBuate to harsh$ &ationalHRacialH?thnic inorities

%fter the 2000 election, the 'o(ernment reorgani4ed the Department for the Protection of inorities into an <ffice for )nterethnic Relations and a &ational <ffice for Roma and placed them under the inistry of Public )nformation$ 3hese offices are responsible for monitoring the specific problems of persons belonging to ethnic minorities, to maintain contacts #ith minority groups, to submit proposals for draft legislation and administrati(e measures, to maintain permanent lin5s #ith local authorities, and to in(estigate complaints$ 3he largest and most (ocal minority community consisted of ethnic Hungarians, #ho officially numbered more than "$; million according to preliminary results from the 2002 census$ 3heir 0D R party #as in de facto political alliance #ith the ruling minority P*D 'o(ernment during the year after signing a ne# protocol of cooperation #ith the P*D in Aanuary$ %lthough the local public administration act of 200" reBuires bilingual signs in areas #here a national minority represents more than 20 percent of the population, such signs ha(e ne(er been installed in Clu/ because of the mayor,s continual opposition$ During the year, he used the preliminary results of the population census as grounds for his refusal to install the signs$ % go(ernment decree permits students in state-funded primary and secondary schools to be taught in their o#n language, #ith the e2ception of secondary school courses on the history and geography of the country$ )n the olda(ia region, some in the Roman Catholic Csango community #ho spea5 an archaic form of Hungarian complained that there #as no schooling a(ailable in their language$ 3he Csango community, estimated by some to number se(eral tens of thousands, #as fractured, #ith a ma/ority of Csangos considering themsel(es ethnic Romanian and a minority ethnic Hungarian$ %ccording to the preliminary results of the arch census, the Romani population numbered appro2imately :!:,0001 ho#e(er, some obser(ers, including the ?uropean Commission, estimated that the Roma population #as bet#een "$" and "$: million$ Romani groups complained that police

brutality--including beatings, pre/udice, and racial harassment at the local le(el--#as routine -see *ection "$c$.$ 0nder a go(ernment program, Roma li(ing illegally in Bucharest on public lands #ere forced to relocate to their counties of origin -see *ection "$f$.$ %ccording to the 'o(ernment, only 26 percent of Roma had steady /obs, and only half of those /obs #ere considered s5illed$ )lliteracy among Roma older than ;: years of age #as appro2imately !0 percent$ <n Aune "!, a Protocol bet#een the ruling P*D party and the Roma party #as signed bet#een Prime inister &astase and Roma party leader &icolae Paun$ 3he Protocol calls for the continued monitoring of the Roma situation, the promotion of higher education among the Roma, and programs aimed at educating the public about racism and discrimination$ 3he &ational Council on Combating Discrimination #as established on Auly !"$ During the year, all necessary structures #ere established to implement the &ational *trategy for the )mpro(ement of the *ituation of the Roma -adopted in %pril 200"., e2cept for those at the local le(el and in the &ational Council on Combating Discrimination$ 0nder this &ational *trategy, !CC Roma e2perts and councilors #ere appointed in ministries, prefect,s offices, and in some mayor,s offices$ inisterial committees for Roma, subordinated to a /oint committee to monitor the implementation of the strategy, and /oint #or5ing groups -made up of Roma e2perts in the prefect,s office, &'<s, and elected representati(es of the Roma communities. at the local le(el ha(e been set up$ 3raining programs for Roma councilors, e2perts, and medical-social mediators ha(e been de(eloped by the 'o(ernment in cooperation #ith Roma &'<s$ 3he &ational <ffice for Roma established a database to store information regarding the li(ing conditions and needs of the Roma community$ 'i(en the large amount of #or5, the office #as understaffed$ )n addition, funding for the implementation of the strategy continued to be a problem, since the state budget did not include any amounts for this purpose$ 3he Roma population continued to be sub/ect to societal discrimination$ Roma often #ere denied access to shops, restaurants, and other places$ % complaint filed by the &'<, Romani CR)**, in 9ebruary 200" against the o#ner of a bar in Pitesti, #here t#o Roma had been denied access, #as re/ected on procedural grounds$ % partnership protocol, signed by the inister of Health and the representati(e for Roma in the Parliament in %pril 200", sets forth cooperati(e measures bet#een the Health inistry and the Roma Party in order to ensure that Roma ha(e access to health care$ 3his protocol helped resol(e most complaints of discrimination against Roma in the health system and sponsored se(eral (accination campaigns for Roma children$ Romani CR)** started a training program -#ith pri(ate funding. in cooperation #ith the inistry of Health for Roma medical-social mediators$ <n Aune 6, the Pro/ect on ?thnic Relations -sponsored by se(eral Roma rights &'<s. held a conference on ho# Roma are portrayed in the media$ % report done by Romani CR)**, presented at the conference, stated that the print media usually #as most discriminatory and found that :; percent of articles about Roma #ere negati(e$ 3he study #as done on "2 national ne#spapers and found that the se(eral of these articles still referred to Roma as @gypsies,@ a term Romani CR)** regarded as pe/orati(e$ )n ay the Bucharest city hall fined the daily Romania Libera and its publishing company for ha(ing published a discriminatory /ob announcement, #hich said, @no Roma accepted$@ 9our persons #ho #ere arrested, tried, and con(icted in a "CC! incident in Hadareni, in #hich three Roma died in a house burning, #ere released in 2000 after ser(ing their sentences$ 3he (ictims appealed to the ?uropean Court of Austice, arguing that the sentences of 2 to 7 years #ere too light$ 3he case #as pending before the ?uropean Court at year,s end$ %ccording to Human Rights =atch, the ?uropean Roma Rights Center -?RRC. lodged applications against the country #ith the ?uropean Court of Human Rights regarding cases of (iolence against Roma and destruction of Romani property in Casinul &ou -"CC0. and Plaiesii de *us -"CC".$ 3hese cases had been re/ected in Romanian courts in part because the statute of limitations had e2pired before the ?RRC could initiate final appeals$ Police in both cases failed to conduct onsite in(estigations$ 3hese cases #ere pending #ith the ?uropean

Court of Human Rights at year,s end$ *ection 7 =or5er Rights a$ 3he Right of %ssociation %ll #or5ers e2cept certain public employees ha(e the legal right to associate freely and to form and /oin labor unions #ithout pre(ious authori4ation1 ho#e(er, there #ere reports that the 'o(ernment restricted this right$ inistry of Defense, inistry of )nterior, and intelligence personnel are not allo#ed to unioni4e$ 3he ma/ority of #or5ers #ere members of appro2imately "8 nation#ide trade union confederations and smaller independent trade unions$ 3rade unions may acBuire property, support their members, e2ercise of their profession, establish mutual insurance funds, print publications, set up cultural, teaching, and research bodies, establish commercial enterprises and ban5s, and borro# money$ =or5ers may not be forced to /oin or #ithdra# from unions, and union officials #ho resign from elected positions and return to the regular #or5 force are protected against employer retaliation$ 3he right to form trade unions #as generally respected in practice$ Ho#e(er, some employers created enterprise-friendly @yello# unions@ in order to a(oid the pressures of independent trade unions$ %ntiunion employers--usually foreign companies--made employment conditional upon the #or5er agreeing not to create or /oin a union$ 3he unions reported that the 'o(ernment interfered in trade union acti(ities, collecti(e bargaining, and stri5es, and alleged that the reBuirements to register a union #ere e2cessi(e$ Past studies indicated that labor legislation adopted in "CC" fell short of )nternational Labor <rgani4ation -)L<. standards in se(eral areas, including the free election of union representati(es, binding arbitration, the financial liability of stri5e organi4ers, the restriction of eligibility for trade unions, and the restriction of eligibility for trade union membership and offices to @employees$@ 3he la# stipulates that labor unions should be free from go(ernment or political party control, a pro(ision that the 'o(ernment generally respected in practice$ 0nions #ere free to engage in political acti(ity and did so$ %ntiunion discrimination is prohibited by la#, and the 'o(ernment generally respected this prohibition in practice$ Labor unions may form or /oin federations and affiliate #ith international bodies$ 3he &ational Confederation of 3rade 0nions-9ratia and the &ational 0nion Bloc are affiliated #ith the )nternational Confederation of 9ree 3rade 0nions and the ?uropean 3rade 0nion Confederation$ 3he Confederation of Democratic 3rade 0nions of Romania and Cartel %lfa are affiliated #ith the =orld Labor Confederation$ Representati(es of foreign and international organi4ations freely (isited and ad(ised domestic trade unionists$ b$ 3he Right to <rgani4e and Bargain Collecti(ely =or5ers ha(e the legal right to bargain collecti(ely, but collecti(e bargaining efforts #ere complicated by continued state control of most industrial enterprises and the absence of independent management representati(es$ %lthough the la# supports collecti(e bargaining as an institution, the contracts that result #ere not al#ays enforceable in a consistent manner$ Basic #age scales for employees of stateo#ned enterprises are established through collecti(e bargaining #ith the 'o(ernment$ Public employees may bargain for e(erything e2cept salaries, #hich #ere set by the 'o(ernment$ 0nions claimed that do#nsi4ing decisions resulting from agreements #ith international financial institutions (iolated labor agreements$ 3he collecti(e labor dispute la# defines the conciliation, mediation, and arbitration procedures under #hich stri5es can be conducted$ 3he la# established tripartite arbitration panels, and the list of arbitrators must be appro(ed by the economic and social council #here trade unions and employers associations each ha(e one-third of the membership1 ho#e(er, mediation capability has not de(eloped full