Although homosexuality was decriminalized in 2001 in Romania (ILGA Europe 1 Aug. 2006; AI 1 May 2006; BBC 4 June 2006), it is still not accepted by large segments of society (ibid.; ILGA Europe 1 Aug. 2006; Reuters 3 June 2006; Balkan Insight 8 June 2006). Amnesty International (AI) states that "more than 40 percent of the population is reported to believe that homosexuals should be removed from the country" (1 May 2006). Several sources report that homosexuals face discrimination (AI 1 May 2006; ibid. 1 Dec. 2005; ILGA 1 Aug. 2006) and abuse (US 8 Mar. 2006, Sec. 5) and that they hide their sexual orientation (Xinhua News Agency 4 June 2006; 365Gay.com 4 June 2006).

In July 2006, two homosexual men were reportedly assaulted by police in a public park in Bucharest for "cuddling, holding hands and kissing" (ILGA Europe 1 Aug. 2006; UK Gay News 29 July 2006). They were then both fined for "disturbing the public peace" (ibid.; ILGA Europe 1 Aug. 2006).

In June 2006, a gay rights march took place in Bucharest (Xinhua News Agency 4 June 2006; 365Gay.com 4 June 2006; BBC 4 June 2006). Some anti-gay protesters disrupted the march throwing eggs, stones and plastic bottles at the participants and engaging in a clash with the riot police (ibid.; Xinhua News Agency 4 June 2006; 365Gay.com 4 June 2006; Reuters 3 June 2006). News sources indicate that ten people were injured (ibid.; BBC 4 June 2006; 365Gay.com 4 June 2006) and several were detained (ibid.; Reuters 3 June 2006; Xinhua News Agency 4 June 2006).

In 2000, the government enacted anti-discrimination legislation that established the National Council for Combating Discrimination, a body responsible for applying Romanian anti-discrimination policies (COE n.d.; National Council for Combating Discrimination: Romania 9 June 2005; MPG n.d.), including provisions related to discrimination based on sexual orientation (ibid.; National Council for Combating Discrimination: Romania 9 June 2005). Part of the mandate of the Council is to receive complaints of discrimination, to analyze such complaints and to adopt suitable measures as allowed under the law (ibid.; MPG n.d.). However, in its 2005 comprehensive monitoring report on Romania, the European Commission (EC) indicates that amendments to anti-discrimination legislation are still necessary (EU 25 Oct. 2005, 55). The EC also recommends that Romania improve the administrative capacity of the Council by increasing its funding and transparency and ensuring its independence (ibid.). In addition, although no information on the effectiveness of the Council in addressing discrimination based on sexual orientation could be found among the sources consulted by the Research Directorate, a 2006 annual report by the International Helsinki Federation (IHF) provides the following information on the effectiveness of the Council:

Under Romanian anti-discrimination law, access to justice in cases of discrimination was arbitrarily limited since a decision by the ... National Council on Combating Discrimination ... was final and no appeal on the merits of the case was possible. Further, access to the [Council] was difficult as there was only one office in the capital city. Finally, the [Council] was not able to award damages to victims; victims had to take a finding from the body to a court in order to receive compensation. (8 June 2006, 322)

Additional information as to the treatment of homosexuals and the legal recourse and state protection available to them could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

365Gay.com. 4 June 2006. Malcolm Thornberry. "Brawls, Arrests Mar Romanian Gay Pride." http://www.365gay.com/Newscon06/06/060406romania.htm [Accessed 13 Feb. 2007]

Amnesty International (AI). 1 May 2006. "Romania." 2006 Elections to the Human Rights Council: Background Information on Candidate Countries. (IOR 41/006/2006) http://web.amnesty.org/library/Index/ENGIOR410062006?open&of=ENG-ROM [Accessed 13 Feb. 2007]

_____. 1 December 2005. "Romania." Europe and Central Asia: Summary of Amnesty International's Concerns in the Region: January - June 2005. (EUR 01/012/2005) http://web.amnesty.org/library/Index/ENGEUR010122005?open&of=ENG-ROM [Accessed 13 Feb. 2007]

Balkan Insight [Bucharest]. 8 June 2006. Vlad Telibasa. "Gay Pride Divides Romanians." http://www.iwpr.net/?p=brn&s=f&o=321593&apc_state=henpbrn [Accessed 13 Feb. 2007]

British Broadcasting Corporation (BBC). 4 June 2006. "Clashes Mark Romanian Gay Pride." http://news.bbc.co.uk/2/hi/europe/5045352.stm [Accessed 13 Feb. 2007]

Council of Europe (COE). N.d. "National Council for Combating Discrimination: Romania." http://www.coe.int/t/e/human_rights/ecri/1-ecri/3-general_themes/2-examples_of_good_practices/1-specialised_bodies/SB_Romania.asp [Accessed 27 Feb. 2007]

European Union (EU). 25 October 2005. European Commission (EC). Romania: 2005 Comprehensive Monitoring Report. http://delegatie.infoeuropa.ro/ROMR2005.pdf [Accessed 27 Feb. 2007]

International Helsinki Federation for Human Rights (IHF). 8 June 2006. "Romania." Human Rights in the OSCE Region: Europe, Central Asia and North America. http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=4255 [Accessed 27 Feb. 2007]

International Lesbian and Gay Association Europe (ILGA Europe). 1 August 2006. Mihai Bucur. "Gay Teens Assaulted and Fined by Police in Romania." http://www.ilga-europe.org/europe/guide/country_by_country/romania/gay_teens_assaulted_and_fined_by_police_in_romania [Accessed 13 Feb. 2007]

Migration Policy Group (MPG). N.d. "Profile of Partner Equality Body." http://www.migpolgroup.com/multiattachments/2913/DocumentName/Equinet_Romania_en.pdf [Accessed 27 Feb. 2007]

National Council for Combating Discrimination: Romania. 9 June 2005. Document presented at the Organization for Security and Co-operation in Europe (OSCE) Conference on Anti-Semitism and Other Forms of Intolerance, Cordoba, Spain, 8-9 June 2005. http://www.osce.org/documents/cio/2005/06/15083_en.pdf [Accessed 27 Feb. 2007]

Reuters. 3 June 2006. "Romanian Anti-Gay Protesters Clash with Police." (Factiva)

UK Gay News. 29 July 2006. Razvan. "Discrimination: Gays Fined for Cuddling in Park While Straight Couple Ignored for Having Sex." http://ukgaynews.org.uk/Archive/2006july/2901.htm [Accessed 13 Feb. 2007]

United States (US). 8 March 2006. Department of State. "Romania." Country Reports on Human Rights Practices for 2005. http://www.state.gov/g/drl/rls/hrrpt/2005/61670.htm [Accessed 13 Feb. 2007]

Xinhua News Agency [Beijing]. 4 June 2006. "Anti-Gay Protestors Clash with Gay Marchers in Romania." (Factiva)

Additional Sources Consulted

Internet sites, including: Accept Romania, Advocate.com, Association for the Defence of Human Rights in Romania - The Helsinki Committee (APADOR-CH), Balkan Investigative Reporting Network, eumap.org, Freedom House, Gay Times, GlobalGayz.com, Government of Romania, Human Rights Watch (HRW), International Gay and Lesbian Human Rights Commission (IGLHRC), Nine O'Clock [Bucharest], Office of the United Nations High Commissioner for Human Rights (OHCHR), PlanetOut.com, Radio Free Europe/Radio Liberty.