According to a 2001 document published by the Romanian Gay and Lesbian non-government organization ACCEPT, Romanian society was one where there was

no visibility of LGBT [lesbian, gay, bisexual and transvestite], these people are living in fear and with few opportunities to develop a positive self-identity.

... [H]uman rights are denied to LGBT, there are few opportunities to find correct information about homosexuality. LGBT youth have to face isolation and have hardly any chance to build a positive self-image.

... [Romania is a society] where one could hardly find correct information about homosexuality.... [It] was associated with pedophilia, promiscuity and passionate crimes, and the image of LGBT people on television restricted to gay pride parades in Western Europe and North America, since there are no local openly gay VIPs (22 Aug. 2001).

A second report entitled Equality for Lesbians and Gay Men: A Relevant Issue in the EU Accession Process and published by the International Lesbian and Gay Association (ILGA) in March 2001 includes a chapter written by ACCEPT specifically detailing societal responses to homosexuality. Please find a complete copy of this chapter attached to this Response.

In a summarizing statement forwarded to the Research Directorate by ACCEPT on 29 July 2002 concerning its May 2001 report entitled Sexual Orientation Discrimination in Romania, the organization noted that:

Any scientific endeavor to analyze the dimension of discrimination against Romanian LGBT is made difficult by the dimension of the discrimination itself. This is characteristic of Romania. Romania's recent history has been marked by actions meant to oppress and intimidate sexual minorities, which is why, even today, LGBT persons live in a social and political climate of generalized homophobia, that encourages and nurtures discrimination based on sexual orientation. As a consequence, two thirds of the participants in the study stated they must hide their sexual orientation to minimize the risk of discrimination and violence. Given the high degree of hostility towards homosexuality in Romania, it's not a surprise most victims didn't officially denounce the incidents.

Although from a legal point of view - the repeal of Article 200 from the Penal Code and the new anti-discrimination law - the situation can be considered to be a relatively satisfactory one, the new laws didn't have any impact on the population's mentality and on the public policies. On the other hand, the new anti-discrimination law cannot be put into practice because of the lack of the implementing institution, the National Council for the Prevention of Discrimination (NCPD).... Furthermore, the statements and practices of some representatives of state authorities have a discriminatory nature, thus perpetuating the tradition of social exclusion of LGBT in Romania....

The ratio of discriminatory incidents reported by the participants in ACCEPT's study is worrying per se. Almost 28% of those questioned had experienced violence, 41.5% had been harassed, 35.8% had negative experiences with their families and 29.3% had been discriminated [against] at work. If we attribute the same answer rate to persons who do not disclose their sexual orientation, we can reach the conclusion that any person who dissimulates their sexual orientation is at high risk to become a victim of discrimination and/or violence.

The authors of the discrimination and violence acts come from all walks of life - neighbors, acquaintances, those responsible with enforcing the law, co-workers, teachers and classmates. It is very worrying that in 20% of the violence cases registered by ACCEPT police officers were involved.

The recent police raids, systematically conducted by the Romanian Police, even after the repeal of Article 200 in the Opera Park area of Bucharest, for example, are classic examples of intimidating LGBT. The consequences vary from threatening and ridiculing to measures of abusive detention and fining - with exaggerated sums of money - the persons found in the area, considered to be homosexuals. The intimidation behavior that police officers have repeatedly demonstrated when in mission in this specific area, is proof of the mentality and discriminatory practice of the institution they represent regarding LGBT - supposed to be protected like any Romanian citizens, not considered "deviant" persons, "public danger", etc. This treatment also sheds light on the way the "private life" of LGBT is endangered when it is expressed "in public", in forms that have no sexual connotation.

...

In a context in which the public and local authorities must take measures to determine the Romanian society to become more tolerant and receptive towards LGBT, the Romanian Police must, in its turn, take responsibility for its persistent actions of intimidating and harassing LGBT. In this respect, it is necessary not only to take measures towards the efficient protection against discrimination and crimes caused by homophobia, but also to punish those public workers who, through their professional behavior, have contributed to the history of discrimination and violence against LGBT in Romania (n.d.).

According to its survey's results, ACCEPT found that 41.5 per cent of respondents "had experienced some type of harassment, a statistic that demonstrates the widespread nature of harassment against LGBT individuals" (May 2001, 17). In addition, of 123 respondents only seven stated that they reported incidents of harassment to "relevant authorities" where the "most typical reason provided for not reporting ... was the conviction that such an attempt would serve no purpose and might even be dangerous" (ibid., 20).

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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

ACCEPT. 22 August 2001. For a More Gay Romania. http://www.accept-romania.ro/foramoregayromania.html [Accessed 26 July 2002]

Although published online on 22 August 2001, this report specifies that it "presents the construction and work of the Romanian organization ACCEPT, in partnership with the Dutch organization NVIH/COC, between October 1997 and August 2000"....

_____. May 2001. Sexual Orientation Discrimination in Romania: A Survey of Violence, Harassment and Discrimination Against Romania's Lesbian, Gay, Bisexual and Transgender Community. http://www.ilga-europe.org/m3/equality_ac/disc-study_romania_eng.pdf [Accessed 29 July 2002]

_____. n.d. "Discrimination Based on Sexual Orientation in Romania." Statement received in correspondence from ACCEPT.

This document was forwarded to the Research Directorate by a representative of the Romanian non-governmental organization ACCEPT on 29 July 2002. ACCEPT is identified as "Romania's national organisation for lesbian, gay, bisexual and transgendered persons" (ILGA-Europe Feb. 2002) and is also referred to as the Bucharest Acceptance Group (ACCEPT May 2001).

International Lesbian and Gay Association (ILGA)- Europe. February 2002. "Romania Repeals Anti-Gay Law." http://www.ilga-europe.org/docs/newsletters/2002-1/Romania.htm [Accessed 29 July 2002]

International Lesbian and Gay Association (ILGA)- Europe. March 2001. Equality for Lesbians and Gay Men: A Relevant Isssue in the EU Accession Process. "Romania." http://www.ilga-europe.org/docs/reports/accession/Report.pdf [Accessed 26 July 2002]

IRB Databases

NEXIS

Internet sites including:

ACCEPT Romania

Amnesty International

European Commission Against Racism and Intolerance

European Country of Origin Information Network

International Gay and Lesbian Human Rights Commission

International Helsinki Federation for Human Rights

International Lesbian and Gay Association (ILGA)

International Lesbian and Gay Association (ILGA)- Europe

MINELRES