Country Report on Human Rights Practices for 1990
ROMANIA
The National Salvation Front (NSF), a group of former
Communists, dissidents, intellectuals, students, and army
generals who took power after the violent overthrow of
Communist dictator Nicolae Ceausescu on December 22, 1989,
proclaimed Romania a parliamentary democracy based on the
institutional separation of executive, legislative, and
judicial powers. The NSF ruled as the Provisional Governinent
until February 9, 1990, when it joined with representatives of
political parties, many of them newly formed, to become the
Provisional Council for National Unity (CPUN) . On May 20,
Romania held its first multiparty elections since 1946. Ion
Iliescu and the NSF, transformed into a political party with
most of the former Communist party membership as its base, won
elections in which the overwhelming majority of voters were
able, freely and without visible coercion, to cast their
ballots. However, serious distortions and irregularities
marred the electoral process, which unfairly favored the NSF
to the disadvantage of its competitors.
After the fall of Ceausescu, the NSF decreed the dissolution
of the powerful Department of State Security, known as the
Securitate. The Securitate had among its major functions the
suppression of all forms of dissent and opposition to
Ceausescu 's rule. On March 26, the Government created a new
security organization, the Romanian Intelligence Service
(SRI). Many Romanians continue to believe that a number of
the Securitate 's former officers retained positions inside the
Government. The army, which played a major role in the
overthrow of Ceausescu, refrained from active participation in
the election campaign. Although the Minister of Defense is an
army general, the army remains nominally under the civilian
control of the Prime Minister.
The Government has stated its commitment to economic reform
and the establishment of a free market system, and laws
permitting the establishment of small private enterprises,
calling for the privatization of most public enterprises and
agricultural land, and encouraging foreign investment were
proposed or enacted. In November Prime Minister Petre Roman
removed price controls on all but certain basic goods, such as
fuel, electric power, food, and housing, as part of his
economic reform program. Later, faced with labor strikes and
potential widespread unrest, the Government postponed further
price liberalization until April 1991.
Observance of human rights and civil liberties improved
significantly in 1990, including in the areas of freedom of
speech, press, assembly, association, religion, and travel.
Reform of the criminal procedures code and the labor code was
in progress at year's end. However, there were abuses, for
example, the failure to deal effectively with ethnic violence
in Tirgu Mures in March, the use of excessive force during the-
June events (see Sections 2.b. and i.e.), the mistreatment of
the June detainees, and the inadequacy of procedural
safeguards at the time of arrest. Some issues pertaining to
the rights of minorities remain to be resolved, especially the
rights of the ethnic Hungarian minority.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings by government forces. However, five people were
killed on March 20 in clashes between ethnic Romanians and
Hungarians in Tirgu Mures, in part instigated by elements of a
Romanian nationalist organization, Vatra Romaneasca. Although
the riots were not the result of deliberate actions by
government forces, the Government was late in responding
effectively and unable to maintain order. No one was charged
with these deaths. A commission to investigate these events
was established by the Government but had not released its
report as of year's end.
Six people were killed—three by gunshot wounds—on June 13 in
Bucharest during rioting and attacks on the buildings housing
the Interior Ministry and the former Securitate archives. In
addition to the deaths, more than 500 persons were injured.
No one has been charged or is under investigation in these
deaths. A parliamentary commission that includes members of
the opposition is investigating the incidents. Its report had
not been released as of year's end.
b. Disappearance
According to the Bucharest-based League for the Defense of
Human Rights, two people, Viorel Horia and Popiolus Ursu,
disappeared during the events of June 13-15. In addition,
Stefan Dumitrescu was allegedly arrested on August 15 for his
participation in the violent street demonstrations of February
18. The League has made repeated requests to the Interior
Ministry and the Bucharest police on behalf of their families,
but to date has received no information regarding their
whereabouts.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
During the June 13-15 disturbances in Bucharest, vigilante
miners severely beat many persons, and more than 1,000 were
detained, most of them temporarily. As was widely shown on
international television, many of the more than 1,000 persons
taken into custody by vigilante groups were subjected to
severe beatings. There were credible reports that some of
those detained were beaten and denied medical treatment while
in police custody. There were also reports that female
arrestees were forced partially to disrobe in front of male
jailers and other prisoners, and there was one report of rape
by progovernment vigilantes.
The Government in 1990 took some steps to eradicate torture
and other degrading punishments that characterized the
Ceausescu regime. International and domestic human rights
organizations were granted the right to visit detainees and
question them about abuses. In September the Parliament
ratified the U.N. Convention Against Torture.
d. Arbitrary Arrest, Detention, or Exile
Romanian law provides for either a judge or a prosecutor to
issue an arrest warrant. Warrants may be issued at any time
up to 24 hours after a person has been detained. Once
arrested, a person may be held without trial for up to 1 month
before a hearing, but the prosecutor may obtain an extension
for an additional 3 months. Thereafter, a court may order
further extensions in 30-day increments. There is no legal
limit on the time a person may be held prior to trial. There
is no provision for bail.
The Government proposed a number of changes to the criminal
code which at year's end were being debated in Parlieiment.
These include: the right to inform family or friends of one's
arrest within 24 hours; the right to legal counsel after
arrest; limitation on the detention period prior to a hearing;
the right to protest an arrest to a court within 24 hours and
to receive the court's ruling within an additional 24 hours;
the right to bail, except for recidivists and in the case of
capital crimes; and the right to be informed of these rights
by the arresting authorities.
Anticipating adoption of these reforms, the Prosecutor
General's office began to implement some of them, e.g.,
granting prisoners access to attorneys before the criminal
investigation is complete. Prior to these changes, many of
those arrested in June had complained that they were not
allowed to contact their families until days or weeks after
they were arrested. Eventually, all the persons on trial or
still facing charges had access to their families and had
retained attorneys.
The Government no longer employs preventive detention or
internal or external exile.
e. Denial of Fair Public Trial
The judicial system consists of local courts, county courts,
and a Supreme Court. In addition, there are military courts
which have jurisdiction in cases involving military personnel,
both active duty and reserve, and civilians who commit crimes
with military personnel, and cases involving military premises
or objectives, including police stations. The Office of the
Prosecutor General is independent of the Ministry of Justice
and supervises both civilian and military prosecutors.
Civilians and military personnel are subject to the same laws
and penalties. The judiciary is no longer charged with
defending the Socialist order as it was under the previous
regime. Pending adoption of a new constitution, there is no
court charged with reviewing the constitutionality of laws or
decrees implemented since December 1989.
Most trials since December 1989, except that of Nicolae and
Elena Ceausescu, were public, although the Government reserves
the right to hold secret trials in national security cases.
The trials of the youngest son of the former dictator and four
members of the former Communist Political Executive Committee
were televised live, and other trials of former ranking
government officials were open. Trials of persons arrested in
the wake of demonstrations in Bucharest in February and June
and in Tirgu Mures in March were also open.
Most of the limitations imposed by the former regime on the
ability of an accused person to present a defense were lifted
in law or in fact. A defendant now has the right to defense
counsel, and, if indigent or otherwise unable to select
counsel, an attorney is appointed for him. Complaints are
made by defendants of their attorneys' passivity or failure
aggressively to construct a reasonable defense, but there is
no evidence that defense attorneys are operating out of a fear
of political or criminal repercussions from government
agencies.
There were press allegations that persons who were committed
to medical institutions during the Ceausescu era for the
expression of views unacceptable to that regime are still
confined. The four cases reported in the press were
investigated by a team including a Western physician and were
found to be legitimate mental cases. At year's end, there
were no known political prisoners.
f . Arbitrary Interference with Privacy, Family, Home, or Correspondence
Pending the drafting of a new constitution and the revision of
criminal laws and regulations, the Government still has wide
discretionary powers to interfere with privacy and the family
and appears to do so when it perceives a threat to it.
Following the restructuring of the security apparatus, the SRI
is required to obtain a judicial warrant prior to engaging in
surveillance activities. Whether or not this requirement is
met in practice, the SRI monitors the activities of the
regime's political opponents through reading private mail,
physical surveillance, and wiretapping.
The contacts of Romanian citizens with foreigners are no
longer restricted, but the law requiring citizens to report
overnight visits by foreigners within 24 hours has not been
repealed.
The Government terminated Ceausescu 's coercive population
growth program and the regular compulsory medical examinations
for women of child-bearing age to determine if they were
pregnant or had had an abortion.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is generally respected.
Freedom of the press is also respected, but the exceptions to
the rule are significant. Censorship of the press was lifted,
as was the requirement that all newspapers be state owned, and
the law prohibiting "propaganda against the Socialist order"
was abrogated in January. The Government did not restrict the
licensing of new publications, and dozens of privately
sponsored newspapers and periodicals were started in 1990.
Nevertheless, there were allegations that the authorities
manipulated the supply of newsprint to the disadvantage of
opposition newspapers. During and after the election
campaign, the authorities were accused of interfering with the
distribution of independent and opposition newspapers outside
Bucharest. Vigilante groups, guided by persons believed to be
current or former intelligence officers, ransacked the offices
of the independent Romania Libera and two opposition
newspapers during the June 13-15 disturbances and threatened
their editors. Within a few days, the newspapers were able to
resume publication, but no one was charged with any offense
except theft in these attacks.
There is no law regulating the press at present. A
government-sponsored draft press law, which would facilitate
government restrictions on the content of the press, was
sharply criticized and subsec[uently withdrawn for revision.
The parliamentary committee on mass media and culture is
considering a new draft press law. No indication has been
given when this proposal will be submitted for open
parliamentary debate.
The sole television station with nationwide broadcasting
capabilities remains under state control. During the violent
events in Tirgu Mures in March and Bucharest in June,
television coverage was one-sided in favor of the Government.
A few independent stations began operating in provincial
cities, such as Oradea and Timisoara, which are permitted to
use the national system only on a limited regional basis and
only after regular programming hours, i.e., after 1 a.m. The
Government allowed political parties very limited access to
television broadcasts during the election campaign. In
October it initiated a policy of giving two 40-minute prime
time programs a week on a rotating basis to all political
parties represented in Parliament.
There are no longer any restrictions on the importation and
distribution of foreign publications or on the operation of
foreign news agencies. Academic freedom is generally
respected. Students took an active part in reviewing the
professional qualifications of faculty members during 1990,
and some Communist professors with inadequate professional
qualifications were dismissed or retired. Three universities
not owned by the State were opened in 1990: Atheneum,
Ecological University, and University 90. Licensing and
accreditation remain a problem, and it is not certain whether
the Government will recognize the degrees awarded by these
private institutions.
b. Freedom of Peaceful Assembly
The Government recognizes in law and in fact the rights of its
citizens freely to associate and to form political parties.
These rights in the main were observed. Except for the
crackdown on demonstrators in mid-June, the right to peaceful
assembly was also respected.
According to the decrees of January 3 and January 24, mayors
and local police authorities must be notified at least 48
hours in advance of any assemblies. Assemblies may not
interfere with other economic or social activities, are
limited to holidays or nonworking hours, and may not be held
near various types of institutions such as hospitals,
airports, or military installations. In some instances, the
Mayor of Bucharest denied organizations the right to hold
assemblies, although he is not empowered by law to do so.
Nonetheless, a number of demonstrations were held without
authorization in Bucharest and other cities. The Government
did not prosecute organizers and participants in those
demonstrations, although the law provides for short jail terms
or fines for failure to register.
On June 13, the Government forcefully broke up a 7-week-old
demonstration in Bucharest's University Square. To protest
what they felt was the continued presence of Communist
officials and structures in the Government, demonstrators had
gathered daily at an encampment of opponents of the Government
blocking one of the city's major thoroughfares. Following
police action on June 13 against the demonstrators, violence
erupted, with demonstrators attacking police stations and
television headquarters. Six persons were killed and over 100
injured. President-elect Iliescu appealed on radio and
television for citizens to defend the Government. In response
to the appeal, thousands of coal miners and others rampaged
through the streets of Bucharest on June 14-15. They beat up
many people in the streets who looked to them like opponents
of the Government. Altogether, some 500 persons were injured,
about 1,000 were initially taken into custody by miners or
police, and 191 were arrested. Among those arrested were
Marian Munteanu, President of the Students' League, and Leon
Nica, President of the Free Democratic Party. Both had made
ant i government speeches at University Square. After almost 2
months of detention without charges, they were released
pending trial. Six persons (miners and others) were arrested
later for their part in the June 14-15 rampage.
A decree of December 31, 1989, permits the formation of all
types of political parties except those that are Fascist or
that "spread conceptions contrary to the state order and law
of Romania." Despite these rather ambiguous exceptions, there
appear to be no political organizations that were denied the
right to form a party. The decree stipulates that all
political parties and social organizations must provide a list
of at least 251 members in order to be granted juridical
status. It further provides that any political party denied
registration rights may appeal to the Supreme Court. There
are now over 100 legally recognized political parties in
Romania. Political parties and other social organizations are
permitted to maintain relations with international bodies.
c. Freedom of Religion
The Government no longer impedes the free observance of
religious belief. In September the Government instituted
religious instruction in public schools. Religious education
courses are offered in grades 1 through 8 for 2 hours a
month. These classes are taught by representatives of the
respective religions, and attendance is not obligatory.
There are 15 officially recognized religions and no bars to
the organization of other religions. The Romanian Orthodox
Church, to which approximately 70-80 percent of the population
belongs, is the predominant religion. Each religion must be
licensed by the State Secretariat for Religious Affairs, a
nonminister ial-level institution. This confers juridical
status and exemptions from income and customs taxes.
Restrictions on the importation and dissemination of religious
materials, on the printing of Bibles and denominational
newsletters, and on the ability of Romanian citizens to meet
with coreligionists from abroad were eliminated.
The 1948 ban on the Uniate Church was lifted in December
1989. The disposition of approximately 1,800 Uniate churches
and other properties nationalized in 1948, most of which
eventually became the property of the Romanian Orthodox
Church, remains in question. The Government proposed the
creation of mixed commissions of Romanian Orthodox and Uniate
representatives to resolve this question in individual cities
and towns and stated that the two religious groups should
resolve the question without government interference. The
Uniate Church is dissatisfied with this arrangement, however,
believing that, since the State seized the properties in 1948,
the State has the obligation to guarantee their return.
Under Ceausescu's program of urban and rural systematization,
a number of churches throughout the country were destroyed.
An effort is now under way to rebuild or renovate destroyed or
damaged churches.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no official restrictions on travel within Romania,
except in very limited areas restricted for military purposes,
nor on Romanian citizens who wish to change their places of
work or residence.
The right to travel abroad is no longer restricted. In 1990
the Government issued 3,635,369 tourist passports, more than
four times the number issued in all of 1989.
The right to emigrate freely is no longer denied, and
emigration has increased markedly since 1989. The official
number of emigrant passports issued in 1990 was 129,714. All
requests to emigrate by Romanians with ties to American
citizens (spouses, fiancees, and adopted children), who were
eligible to enter the United States but whose emigration had
been blocked by the Ceausescu regime, were granted in 1990.
Romania recognizes de facto dual citizenship and no longer
revokes citizenship.
All who lost Romanian citizenship may apply to regain it. In
principle, all former Romanian citizens seeking to return are
entitled to do so. A Romanian citizen who emigrates must
obtain the approval of the Government before resuming
residence in Romania. This approval was not withheld in
1990.
In April Romania's ex-King Michael, who was forced by the
Communists to abdicate in 1947 and now resides in Switzerland,
was denied permission to enter the country. On December 25,
he entered Romania on a Danish diplomatic passport but was
expelled about 12 hours later, ostensibly for lack of a proper
visa.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
In lieu of a new constitution, which is still being written,
the Romanian people's right and ability peacefully to change
their government is governed by a decree issued on March 14
which provides for the direct election of the President and
the Members of Parliament by universal suffrage (18 years of
age and above). The President, who appoints the Prime
Minister, the members of the Supreme Court, and the Prosecutor
General, is elected by a nationwide vote, while 387 members of
the Chamber of Deputies and 119 senators are elected by
proportional voting in electoral districts.
More than 80 political parties and organizations contested the
first multiparty pluralistic elections since 1946. NSF
candidates, many of them former members of the Romanian
Communist Party, which disappeared as an organization in 1989,
won about two-thirds of the seats in Parliament. Seventeen
other parties elected representatives and senators. The NSF '
s
presidential candidate. Ion Iliescu, won 86 percent of the
vote. New national elections are to be called by the
President not later than 1 year after the ratification of the
new constitution.
The opposition and the U.S. Government sharply criticized the
NSF for unfair election campaign practices, including using
government resources, interfering with opposition rallies and
meetings, impeding the distribution of opposition newspapers
and literature, threatening and harassing opposition
candidates, and unfairly dominating television. Election day
activity was monitored by several hundred international
observers, who concluded that the voting was essentially free
and fair, although this was not true of the campaign.
A serious setback to the effort to open the political process
was administered by the coal miners and others who, responding
to an appeal by President-elect Iliescu to defend the
Government, rampaged through Bucharest on June 14-15,
destroyed the headquarters of two opposition parties and some
university property, and ransacked the home of an opposition
leader, the offices of various nongovernmental organizations,
and the editorial offices of several newspapers. These events
raised questions about the Government's commitment to genuine
pluralism and democratic procedures and goals, which the
Government sought to address.
Since the fall of the Ceausescu regime, no local elections
have been held at the county or municipal level, where
prefects appointed by the Prime Minister and mayors appointed
by those prefects now run local affairs.
Political parties are free to organize, publish, recruit
members, and criticize the Government. The parties and
individuals who were targets of the vigilantes in June
continued to function.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of domestic human rights monitoring groups were
established after December 1989, including the Association for
the Defense of Human Rights, the League for the Defense of
Human Rights, a local chapter of Helsinki Watch, the
Independent Romanian Society for Human Rights, and the
Association of Former Political Prisoners. All of these
groups are based in Bucharest; some have local branches.
Similar groups may be found in most of Romania's largest
cities.
Two international organizations, Helsinki Watch and the
International Committee of the Red Cross, now maintain
observers in Romania. Other international groups such as
Amnesty International, the International Human Rights Law
Group, and the United Nations Human Rights Commission sent
representatives to Romania during 1990. The elections in May
were actively monitored by international observer groups from
the United States and Western Europe.
International groups encountered no impediments in meeting
with the Government and Romanian human rights organizations
and were able, albeit with delays in some instances, to meet
with arrested individuals and to visit prisons. The
Government was often slow to respond to requests for
information on alleged human rights violations. The Romanian
human rights organizations lack the means or the public
profile to compel responses.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Government repudiated the efforts undertaken by the
Ceausescu regime at forced assimilation of ethnic minorities
and took steps to improve their situation. For example, the
forced resettlement of members of ethnic minorities and
restrictions on the ability of minority group members to visit
relatives and friends in neighboring countries were ended in
1990. Foreign language radio and television broadcasts are no
longer banned.
Ethnic Hungarians are the largest of Romania's more than 10
ethnic minorities. Although no reliable statistics exist,
between 1.7 and 2.2 million people are believed to be ethnic
Hungarians. They are concentrated in Transylvania, the
central and northwestern part of Romania, but more than
200,000 ethnic Hungarians are estimated to live in Bucharest.
The bases for many of the Hungarian claims of government
discrimination were removed in 1990, including restrictions on
language use and on the ability to organize politically and
travel freely. The Government emphasized that its policy is
to guarantee and protect the rights of all citizens regardless
of ethnic, cultural, or religious background. However, it
regards Romania as a unitary state and not, as the Hungarians
claim, a multinational state.
Shortly after the revolution, the Government relaxed policies
of the Ceausescu regime restricting education in the Hungarian
language. Ethnic Hungarians, particularly in the parts of
Transylvania where they compose a majority or near-majority of
the population, reassumed control of numerous schools. Some
schools were turned into separate Hungarian- language schools,
and Romanian students were required to find other facilities.
The Hungarian community continues to press for the reopening
of a formerly Hungarian- language university in Cluj , but the
Government has not agreed to this.
They staged protests and on occasion, for example in Bucharest's High
School 33, intimidated Hungarian students and teachers and
forced lockouts and temporary suspension of classes.
Another manifestation of Romanian nationalist sentiment was
the rise of Vatra Romaneasca (Romanian Hearth), a
chauvinistic, anti-Hungarian organization. Local elements of
Vatra Romaneasca are widely believed to have been the leading
instigators of the Tirgu Mures violence in March, in which 5
persons were killed and more than 300 were injured from both
ethnic communities, but legal charges stemming from the
violence targeted predominantly ethnic Hungarians and
Gypsies. After the Tirgu Mures violence, ethnic Hungarian
leaders alleged that the Government conspired with
ultranationalist Romanian organizations, such as Vatra
Romaneasca, against the interests of the Hungarian minority.
Societal prejudices fueled by historical ethnic animosities
persist
.
Hungarians, Germans, Gypsies, and other minorities established
political organizations, and the Government set aside seats in
the Chamber of Deputies for those minorities (nine of them)
that did not gain seats on the basis of either individual
candidacies or party lists.
Gypsies, whose estimated population ranges from 220,000 to
perhaps as many as 2 million, continue to suffer
discrimination. Public opinion about Gypsies is nearly
universally negative, and they are frequently portrayed as
shiftless beggars and thieves with no fixed domiciles. They
are cited in newspapers as generic "suspects" in the rising
incidence of crime and black marketeering. A large majority
of those investigated following the riots in Tirgu Mures were
Gypsies; of a reported 39 persons sentenced to prison terms or
correctional labor by the end of the year, 28 were Gypsies.
During the June 13-15 events, Gypsy neighborhoods in Bucharest
were singled out by vigilante coal miners; many Gypsy homes
were ransacked and looted, and several persons were beaten.
Latent anti-Semitism rose to the surface in 1990 as evidenced
by the publication of the "Protocols of Zion" and by the
appearance of anti-Semitic articles in the National Peasant
Party newspaper Dreptatea and in other papers. In February
the synagogue in Oradea was desecrated, apparently by vandals,
and the Government launched an investigation of the incident.
No incidents of anti-Semitic violence were reported.
Women are accorded the same legal rights and privileges as
men, and the Government has not altered those policies
designed to upgrade the role of women in society with specific
attention to the areas of education, access to employment, and
comparable wages.
There is no evidence of extensive violence against women,
including wife beating. There has been no significant
interest in the subject to date shown by the Government, the
political parties, the press, or the few women's organizations
that have arisen since the revolution.
Section 6 Worker Rights
a. The Right of Association
Prior to the December 1989 revolution, the only legal
nationwide trade union confederation was the General
Confederation of Trade Unions (UGSR) . The UGSR was under
Communist Party control, and all Romanian workers were forced
to belong to it. The UGSR was dissolved as a result of the
revolution and succeeded by the NSF-sponsored National
Confederation of Free Trade Unions (CNSLR).
After Ceausescu's fall, Romanian workers began to form and
join free trade unions. As of October 1, roughly 75 percent
of the approximately 10 million working people in Romania were
affiliated with the CNSLR and five new nationwide trade union
organizations, including the Fraternity Confederation of
Independent Trade Unions ("Fratia"). An additional 10 percent
of the work force is organized in local trade unions which are
not affiliated with any national federation or confederation.
Independent trade unions were organized by factory, by
industry, and on a territorial basis. There is no longer a
requirement for a single trade union structure, no significant
restrictions on who may be a union official, and no cumbersome
registration recjuirements that limit the formation of trade
unions.
While the Ceausescu-era labor code and other labor legislation
are being extensively rewritten, the legal status of the new
unions is unclear. In 1990 some independent unions were
alleged to be under surveillance, had their documents or
correspondence interfered with, or received threatening calls.
At present there is no law on the right to strike. In April
the Government put forward a draft law that would have limited
the right of most Romanian workers to strike but quickly
withdrew it after sharp criticism from the trade unions. In
July the Government, under the pressure of a deteriorating
economy, proposed a 6-month moratorium on strikes for wage and
salary increases and promised to consult the unions on all
future labor legislation, to abstain from banning strikes, to
draft a law on trade union organization and recognition, and
to create a commission to settle the disposition of UGSR
assets. Most of the trade unions agreed to this moratorium.
Nonetheless, there were major strikes in Brasov and Constanta
and many smaller ones. Both major strikes were settled
peacefully with government mediation. In mid-December,
strikes by unions of teamsters, health care workers, and
teachers ended quickly after government negotiators, including
the President and Prime Minister, promised to meet the
strikers' demands.
Whereas the UGSR was affiliated with the Communist-controlled
World Federation of Trade Unions, its successor, the CNSLR, is
not affiliated internationally. Romanian trade unions are
attempting to affiliate with international organizations but
are often constrained by their lack of hard currency. One of
the labor confederations, Fratia, is preparing to apply for
membership in the International Confederation of Free Trade
Unions (ICFTU) , and a number of its members have already been
accepted as members of international trade secretariats. The
Government does not deny the trade unions the right to
affiliate internationally, and representatives of foreign and
international labor organizations freely visit and advise
Romanian trade unionists.
In November 1989, the Governing Body of the International
Labor Organization ( ILO) established a Commission of Inquiry
to look into a complaint filed by the ICFTU against Romania
for employment discrimination against its ethnic minorities,
primarily the Hungarian minority. Denied access by the
Ceausescu regime, the Commission after December 1989 was
allowed to continue its investigation and to interview
witnesses. The plaintiff expressed the desire to widen the
scope of the inquiry to include events since the fall of
Ceausescu, allegations of employment discrimination against
Gypsies, and allegations of discrimination based on political
views. No report is expected from the Commission of Inquiry
before mid-1991.
As an outgrowth of the ICFTU complaint, an ILO direct contacts
mission visited Romania in April and issued a report on, among
other things, the status of former detainees, the repeal of
legislation imposing the single trade union system,
disposition of the UGSR's assets, and the state of new
legislation. In June the Committee on Freedom of Association
reached definitive conclusions regarding the ICFTU complaint,
welcoming the Government's cooperation with the ILO mission
and expressing satisfaction with the release of detained
unionists and the reinstatement of dismissed workers, but
noting outstanding problems regarding the reinstatement of
seniority rights and expressing hope that the Government would
consult with unions and management as well as with the ILO
before adopting proposed legislation on trade unions,
collective labor disputes, and the right to strike.
b. The Right to Organize and Bargain Collectively
No law currently exists allowing Romanian workers to bargain
collectively. The Ministry for Labor and Social Protection
has drafted such a law for introduction in the Parliament.
Wages, meanwhile, continue to be set by central planning
boards.
There are no export processing zones in Romania.
c. Prohibition of Forced or Compulsory Labor
There is currently no legal prohibition of forced or
compulsory labor, but the new constitution being drawn up is
expected to prohibit forced labor. A 1976 law requiring all
Romanian citizens to do "useful work," which was used as a
basis for compulsory labor, was abrogated by the new
Government in January. According to a Romanian report to the
ILO's Conference Committee on the Application of Standards,
laws which effectively bound a worker to his workplace have
been repealed. For example, the Government abrogated a 1976
law that required all workers to register with the Ministry of
Labor and Social Protection for assignment to a workplace.
Also repealed was a law that required a worker who desired to
leave a job to apply first to the administration of the
enterprise he was leaving as well as to the enterprise's local
trade union organization. University graduates are no longer
assigned by the Government to workplaces following graduation,
and the Government has lifted the requirement that soldiers
and retired career military personnel report for work "for the
national economy" (usually agricultural harvesting or building
construction) as needed. Noting these changes, the ILO's
Committee of Experts in early 1990 judged Romania to be a
"case of progress"; the Committee on the Application of
Standards likewise welcomed the changes in the legislation but
stressed the need to apply the new legislation in practice.
d. Minimum Age for Employment of Children
According to a decree of May 11, the minimum age for
employment is 16. Children as young as 14 and 15 may work in
industrial enterprises but only with the consent of their
parents or guardians and only "according to their physical
development, aptitude, and knowledge." Children under 16 who
are working have the right to continue their schooling, and
enterprises that employ them are obliged to assist them in
this endeavor. The Ministry of Labor's Directorate for Labor
and Social Protection, which employs an average of 50
inspectors in each of Romania's 40 counties, imposes fines and
has the right to close sections of factories to enforce
compliance with the law. Given the presence of hidden
unemployment and the good enforcement of minimum wage laws, it
is doubtful that enterprises have the economic incentive to
employ children.
e. Acceptable Conditions of Work
Following the Government's November 1 decree that all workers
receive a supplement to their monthly wage to offset price
increases, the effective minimum wage is approximately $80 per
month. Wages are set according to a complex scale by
profession, taking into account experience, time on the job,
age, and education; the lowest wage on this scale, including
the Government subvention, is approximately $80 per month.
The average wage of Romanian workers is approximately $115 per
month, according to official figures for July 1990. The
lowest wage offered was not changed in 1990. Basic living
necessities are heavily subsidized, but it is unlikely that
this lowest wage provides for a decent living for a worker and
his family. The Government has decreed that as of January 1,
1991, all wages will be indexed to prices.
The 1985 Labor Code is the basic document concerning working
conditions, but it is being rewritten. The standard legal
workweek of 48 hours under the old code has been reduced to 40
hours. Obligatory work on Saturdays has not been reinstated.
Those who work on Saturdays or Sundays are now paid double
time. Paid holidays range from 15 to 24 days annually.
Workers may not work more than 120 hours of overtime annually,
although the Labor Code allows for up to 360 annual hours of
overtime in special cases. This additional overtime, however,
is legally permissible only with the consent of the UGSR,
which no longer exists.
The labor code promises Romanian workers a safe working
environment, and the Ministry of Labor and Social Protection
has established safety standards for most industries and is
responsible for enforcing them. The new independent trade
unions now also offer a means by which workers can act to
improve health and safety standards. Enforcement of these
standards is not good. The Government lacks trained personnel
for inspection and enforcement; industry, which remains almost
entirely state-owned, lacks the resources necessary to improve
significantly health and safety conditions in the workplace.
Industrial accident rates reportedly declined compared to
previous years, but without accurate data from the Ceausescu
era this conclusion cannot be verified. Workers receive
supplementary benefits (higher wages and longer vacations) in
some hazardous occupations.
