Country Report on Human Rights Practices for 1989
ROMANIA
After 24 years of highly centralized and personal rule,
Nicolae Ceausescu, President of the Socialist Republic of
Romania and Secretary General of the Romanian Communist Party,
was overthrown on December 22 by a spontaneous popular revolt,
and a group of reform Communists, dissidents, intellectuals,
students, and army generals called the National Salvation
Front (NSF) took power. Ceausescu and his wife, Elena, the
second most powerful figure in the country, were tried and
convicted of genocide and other crimes by a secret military
court and were executed on December 25. A provisional
government formed by members of the NSF renamed the country
Romania, declared its goal to be a pluralistic democracy, and
called for free elections in April 1990.
Under Ceausescu, the powerful Department of State Security,
known as the Securitate (organizationally under the Ministry
of Internal Affairs), had among its major functions providing
protection for the leadership and suppression of dissent and
opposition of any kind. The NSF decreed the dissolution of
the security services, which even after Ceausescu "s death
continued to battle the army and engage in acts of terror
against the population.
The State controls all means of production. Only vestiges of
private enterprise exist. In April the Government announced
that it had paid off Romania's foreign debt, but there was no
change in the stringent austerity program which has caused
great hardship for the population. Shortages of consumer
goods, rationed but often unavailable basic foodstuffs,
rationed electricity, periodic lack of cooking gas, and
breakdown of heating facilities characterized daily life. One
of the NSF's first actions was to cancel the restrictions on
heating and electricity and to divert food stocks reserved for
export sale to domestic consumption.
Human rights were tightly circumscribed under Ceausescu 's
rule, and their observance in 1989 showed no improvement prior
to the December revolution. Major problems included physical
and mental abuse of prisoners, arbitrary arrest and detention,
lack of fair trials, pervasive interference with privacy,
family, home, and correspondence, and oppressive restrictions
on freedom of speech, press, assembly, and association and
worker rights, strict controls on religious activities, and
denial of the right of citizens to change their government.
Constant harassment by security forces stifled the expression
of views different from those of the leadership. At least two
secret trials of dissidents or of those related to dissidents
occurred in 1989. Among the NSF's early decisions were those
permitting the formation of political parties, freedom of
speech, the press, assembly, association, and religion, and
authorizing the release of all political prisoners. The NSF
has also renounced the Communist Party's leading role in the
State. At year's end, however, there was concern about the
ability of other groups to mount effective opposition to the
reform Communists and dissident members of Ceausescu 's old
regime that continued to lead the NSF. Ceausescu' s severe
repression so stifled dissent that there was no organized
dissident activity to form a base of opposition.
Members of the Hungarian ethnic minority in Transylvania
continued in 1989 to object to government policies which, they
claim, erode their ethnic identity. The NSF promised full
rights and equality for the members of all ethnic minorities
Rural "systematization, " or the restructuring of rural Romania
to eliminate half of Romania's 13,000 villages and move their
inhabitants to regional "agroindustrial" centers, made little
headway in 1989. The systematization of urban areas,
including Bucharest, which had abruptly displaced thousands of
people from their homes and had destroyed many historic
buildings, homes, and churches, attracted international
criticism. The NSF disavowed both programs.
The Government under Ceausescu tightly controlled religious
practice. It did not approve longstanding applications for
church building permits or for expansion and renovation of
church premises, nor did it authorize a second printing of
5,000 Bibles which it had promised in 1988 to the Baptist
Union. At year's end, Christmas services were broadcast in
Romania for the first time in more than 40 years, and the NSF
undertook to end restrictions against religious freedom.
The Government approved more emigration applications of
Romanian citizens to the United States than in 1989 or 1988,
but the authorities, contrary to the 1985 bilateral agreement,
frequently denied jobs, housing, schooling, and medical care
to those who applied for emigration, even before they had
received U.S. entry documents. The NSF announced that it
would permit freedom of travel and simplify the issuance of
passports.
The following report primarily describes the human rights
situation as it existed before December 22 when Ceausescu was
overthrown. Some of the institutions and practices that led
to widespread human rights abuses apparently were being changed
at year's end, and the next annual report is likely to include
a significantly different assessment of human rights practices.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
In their futile effort to crush antigovernment demonstrations
in Timisoara, Bucharest, and other cities in mid-December,
security forces loyal to Ceausescu indiscriminately killed
hundreds, perhaps thousands, of unarmed civilians.
Under Ceausescu's rule, allegations continued to be made that
some prisoners are mistreated to the point of causing their
death. There are also credible reports that several priests
who allegedly showed too much independence were beaten and one
was killed in incidents which the Government attributed to
common criminals. No suspects had been arrested by year's end.
b. Disappearance
Under Ceausescu's rule, there were some politically motivated
temporary disappearances in 1989 but no confirmed, unresolved
cases. Family and friends of persons arrested on political
charges were frequently left unaware of their arrest, their
circumstances, and their location for long periods of time.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were numerous reports during Ceausescu's rule that
persons were mistreated while in Romanian prisons or police
custody and that police authorities acted brutally to obtain
information. Romanian authorities also used physical and
mental degradation to intimidate those suspected of
wrongdoing. Persons detained for questioning were often held
incommunicado and kept for long periods without sleep, food,
or access to toilet facilities. Those caught attempting to
leave the country illegally, for example, were reportedly
subject to physical and mental harassment, prior to being
tried and sentenced. Reliable witnesses also reported
incidents in which police administered severe beatings to
persons arrested for minor infractions.
The most common complaints about mistreatment cited long
periods of isolation, excessive use of force by guards, cells
which are badly ventilated and poorly heated, bad food in
inadequate quantities, difficult working conditions, and
segregation of prisoners deemed "dangerous to the State"
because of their religious beliefs or for other reasons.
Political prisoners who did not cooperate with their jailers
reportedly were treated with great cruelty. They were
generally kept apart from other offenders and restricted to
their cells. Prison guards are said to have engaged in
abusive behavior and allowed, and in some cases even
encouraged, favored prisoners to punish those less favored.
d. Arbitrary Arrest, Detention, Exile
Romanian law provides for either a judge or a prosecutor to
issue an arrest warrant. 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 the court may order further extensions
in 30-day increments. There is no limit set by law on the
total length of time a person may be iield prior to trial.
There is no provision for bail, although those accused of
minor or nonviolent offenses can be set free on their own
recognizance at the judge's discretion.
The law also provides for preventive detention. During
Ceausescu's rule, persons detained for investigation often
were held incommunicado. They were detained for varying
periods of time, sometimes as long as several days, and then
released without charge. Such arbitrary detention could be
repeated several times, and the person could be called back
repeatedly and threatened with further harassment or
punishment.
During Ceausescu's rule, four persons were arbitrarily
detained when they attempted to exercise their basic right to
freedom of movement within Romania. One activist pastor was
called in for questioning by police in order to make him miss
a U.S. Embassy reception. Three other persons were detained
(one on a charge of speeding) to prevent their attendance at a
trial, and one of the three missed his own sentencing. This
treatment was particularly common for religious activists and
former political prisoners.
The Ceausescu regime did not use exile as a form of punishment,
In many instances, it compelled persons to change their
residence and employment. This action effectively constituted
internal exile and was accompanied by extrajudicial house
arrest or forced domicile. In the case of such house arrest,
the detainee was severely restricted in his movements, and
contact with others, especially foreigners, was either
partially or completely shut off.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The judiciary is constitutionally charged with defending the
Socialist order and educating citizens to respect the law. No
court has the authority to review the constitutionality of the
laws. Theoretically, judges are independent and subject only
to the law, but the outcomes of politically sensitive cases
during Ceausescu's rule often appeared predetermined and at
times contradicted evidence offered during the trial.
Most trials were held in public, though secret trials were
common where state security was involved and could also be
permitted in certain other cases. The law states that a trial
may be held in secret if a public trial would be contrary to
the interests of the State, Socialist morals, or the dignity
of the individual. Under Ceausescu's rule, some former
prisoners reported they were tried in secret by military
courts on essentially political charges. Detailed sentences
or records of trials for political crimes were generally not
available, even to the accused. Four journalists who
attempted to print an antigovernment manifesto were apparently
tried in secret, convicted, and punished, and after release
kept from all foreign contact. A Foreign Ministry official,
who was arrested in January and charged v;ith espionage, was
tried and convicted in a secret trial before a military
court. After Ceausescu's overthrow, he was released.
In one trial of a religious dissident prosecuted on charges of
theft of state property, the authorities excluded all
observers from the first session and tried to pack the court
and exclude supporters of the defendants at the second session.
The ability of an accused person to defend himself or herself
effectively was severely limited during Ceausescu's rule,
especially in politically sensitive cases. The law in most
cases requires that a defendant be represented by counsel,
although some sources claimed that defendants did not always
have an opportunity to consult with their attorneys before
trial. The court may appoint an attorney to represent the
defendant. In theory, a defendant has the right to choose
another attorney, but in practice this right was severely
restricted. Privately hired attorneys often refused to accept
political cases. Acquittals in such cases were rare, and when
defendants pursued their right to appeal, they sometimes
received longer prison terms from the higher courts.
Many criminal laws are so worded that the authorities could
charge persons coming under official scrutiny with some kind
of offense. Examples of typical charges were "defaming the
Socialist order" for speaking frankly to a foreigner;
"disturbing the peace" or "illegal assembly" for private
prayer meetings in the home; "social parasitism" if unemployed
but technically guilty of no other offense; and "distributing
literature without a license"—a felony—if caught attempting
to transport or hand out free Bibles.
The authorities frequently used "punishment at the workplace"
as an alternative to incarceration. Those prosecuted and
convicted for nonpolitical crimes, including most prosecutions
motivated by the campaign against religion, were sometimes
released from prison to forced labor, v;hich allowed them to
serve their sentence at their usual job, with lesser
compensation, and live at home.
Prior to Ceausescu's overthrow, the number of political
prisoners, including those convicted of trying to leave the
country illegally and those tried with apparent political
motivation for common crimes, was estimated at about 1,000.
The NSF authorized the release of all political prisoners. On
Christmas Day, Ceausescu and his wife, Elena, were tried by a
secret military court and sentenced to death. The secret and
summary nature of the proceedings did not accord with
international norms of fair trial. Subsequent to the
execution of Ceausescu and his wife on December 25, the NSF
abolished the death penalty.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Under Ceausescu's rule, Romanian laws and regulations
governing the security apparatus sanctioned a high degree of
interference with the individual and the family, which was
somewhat mitigated by uneven enforcement, official corruption,
and limitations on resources. Through intimidation and
promises of material advantages, the security apparatus
developed an extensive network of informers.
Deliberate and arbitrary interference with the privacy of the
family, home, and correspondence was frequent. Searches were
made of private homes, persons, and personal effects without
search warrants or probable cause that a crime may have been
committed. The authorities occasionally entered homes on the
pretext of looking for building code violations, excessive
consumption of electricity, illegal use of electrical
applicances, etc. These searches facilitated the discovery of
forbidden books and publications, religious materials, or any
other evidence of "wrongdoing." Militiamen at checkpoints
located on roads leading out of cities and at major highway
intersections in the countryside randomly stopped and searched
vehicles as a matter of course.
Until Ceausescu's overthrow, there was continued concern about
the long-range plan to "systematize" or restructure rural
Romania by eliminating approximately 6,000-7,000 of the some
13,000 Romanian villages and concentrating the population in
over 500 towns to be redeveloped as "agroindustrial centers."
There was also international concern and criticism over urban
"systematization, " especially in Bucharest where entire
neighborhoods were torn down with a minimum of prior
notification to residents, and many historic buildings,
including churches, were destroyed. The NSF disavowed both
programs.
The authorities had the capability to monitor domestic and
international telephone calls and, under Ceausescu's rule,
appeared to do so regularly. Under the NSF, the practice of
monitoring calls appears to have been abandoned.
Romania's official policy during Ceausescu's regime was to
encourage a higher birthrate, and it was considered the duty
of every Romanian woman to produce five children. In order to
prevent abortion, the authorities could compel a woman to show
a doctor's certification as to whether she was pregnant or
not. The NSF restored the right of a woman to choose whether
to have an abortion or to carry the baby to term.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under Ceausescu's rule, these freedoms, while recognized in
principle, were severely restricted. Public expression of
viewpoints at variance with official policy was almost always
severely punished. While the Constitution provides for
freedom of speech and press, it prohibits their use for any
purpose "hostile to the Socialist system," as defined by the
State and party. Similarly, the penal code prohibits
"propaganda with a Fascist character," any action aimed at
changing the Socialist system, and acts endangering state
security. These offenses are punishable by prison terms of up
to 15 years. A 1971 law prohibits citizens from giving
interviews to foreign media which "defame Socialist reality."
Under Ceausescu's rule, all media were state owned, rigidly
controlled, and used primarily as vehicles for government and
party propaganda. Government control of all necessary
materials, such as newsprint, further limited the ability of
the press to act independently.
The unauthorized importation or distribution of foreign
publications was forbidden. In 1989 there were frequent
reports of confiscations of foreign, including religious,
materials at the border. Publications from the West or from
other Communist countries were not generally available,
although foreign cultural centers and libraries which are open
to the public were allowed to distribute limited quantities of
Western periodicals with government approval. Romanian
libraries carefully controlled access to "restricted"
materials, such as prewar historical texts. For live theater,
official boards had to approve all new productions before the
opening performance. Serial numbers and type-face samples of
all typewriters had to be registered with the authorities, and
the use of duplicating machines was strictly regulated.
Western radio broadcasts in the Romanian language were not
jammed and were a major source of both foreign and domestic
news for the Romanian people. Academic freedom did not
exist. Academics, writers, and journalists who dissented from
officially sanctioned views were dismissed from their
respective institutions.
The NSF restored freedom of speech and the press. While it
controlled the national television and radio stations and
their output of information, it did not interfere with the
establishment of independent newspapers.
b. Freedom of Peaceful Assembly and Association
Under Ceausescu's rule, the Government attempted to control
all group activity, and its permission was required for
holding public meetings and forming associations. Peaceful
assembly and association without permission were usually
short-lived and could bring severe penalties to those
involved. "Formation of a group" was a punishable offense
applicable to groups as small as three persons.EQOMIA
Citizens were required to obtain permission in advance to
attend functions hosted by non-Romanians. Secret decrees
promulgated late in 1985 and never officially published
further discouraged contacts with foreigners and strengthened
the requirement that all such contacts be reported to the
authorities within 24 hours. In particular, Romanian writers,
scientists, and professionals were reportedly forbidden to
speak with their foreign counterparts without government
permission.
The NSF has not interfered in any activities by independent
interest groups. Political parties are in the process of
being established with the NSF's consent.
For a discussion of freedom of association as it applies to
labor unions see Section 6. a.
c. Freedom of Religion
The Constitution provides for freedom of conscience, and the
penal code prescribes a penalty of up to 6 months'
imprisonment or a fine for anyone who impedes or disrupts any
recognized religious sect. However, the Communist Party under
Ceausescu's leadership officially promoted atheism, and the
Government exercised broad control over religious practice.
Although many Romanians feared that open exercise of their
beliefs damaged their chances of social or professional
advancement, religious practice remained very active.
There are 14 recognized religions, by far the largest being
the Romanian Orthodox Church, to which about 80 percent of the
population belongs. During Ceausescu's regime, most other
denominations were of the opinion that the Orthodox Church
received favored treatment from the Government, especially in
the realm of finances and education. The Government
subsidized clerical salaries (which some denominations did not
accept), issued licenses to preach, controlled permits for
church construction or renovation, severely limited the number
of new admissions to seminaries, and controlled the
importation and printing of religious materials, including
Bibles. Government restrictions were usually directed against
groups whose beliefs, in the Government's view, inspired
"antisocial" or "antigovernment" behavior. Several of these
were unrecognized religious groups, such as the Nazarenes and
Jehovah's Witnesses. In 1989 there were no reports of
significant restrictions on meetings held by these groups.
The Ceausescu regime remained in disagreement with the Roman
Catholic Church, a majority of whose members are ethnic
Hungarians, on a number of issues, and the Church technically
remained without a government-approved charter. However, the
church enjoyed de facto recognition and operated as if it were
fully recognized.
The Government under Ceausescu did not recognize the Uniate
Church, also known as the Catholic Church of the Byzantine
Rite. This denomination was outlawed in 1948, and many of its
leaders were imprisoned. Despite its unrecognized status,
there remain adherents to this faith throughout the country.
The Government also took active measures to suppress a revival
movement within the Romanian Orthodox Church known as "The
Lord's Army." Members of this group often met in small
gatherings for prayer and Bible study, and they reported being
fined for holding illegal assemblies. They also reported
being subject to other harassment, such as loss of jobs or
surveillance.
The rapid growth of evangelical denominations has led to
pressures for more religious training, more printing of
religious materials, and the expansion and construction of
more churches. Conflicts between evangelical groups and the
authorities arose frequently, and the Government's response
was at times harsh. Activists who were vocal were kept under
surveillance and often were subject to loss of jobs and social
benefits, police intimidation or arrest, and in some cases,
beatings.
Many religious denominations were able to publish a newspaper
or newsletter on a regular basis. They were also permitted
from time to time to publish other religous materials,
although usually in small quantities. A second printing of
5,000 Protestant Bibles, under negotiation since 1987 between
the Government and the Baptist Church, has still not taken
place. The shortage of religious materials overall led some
Romanians to risk severe penalties for smuggling Bibles and
other religious literature.
Religious groups continued to be concerned over issues of
maintenance, repair, and construction of church buildings.
Extensive urban renewal projects, undertaken in Bucharest and
other cities, continued to threaten churches of various
faiths. The Government was often slow to approve the purchase
or construction of replacement buildings for the affected
congregations, for example, the second Baptist Church in
Oradea. There is still no replacement for the large
Seventh-Day Adventist Church in Bucharest, demolished in
August 1985, although the denomination recently purchased a
site. The congregation continues to meet in a temporary,
tent-like structure inadequate to its needs. A replacement
was finally found for the seminary demolished in 1988, and
classes began in the fall of 1989.
Any repair or addition to a church building requires a
building permit approved by both the local city council and
the Government's Department of Religious Affairs. Church
members state there were unreasonable delays in obtaining
these approvals. A church could be demolished, or the
congregation fined large sums, for infractions of the building
codes. In past years, churches of various denominations were
demolished or threatened with demolition under these
regulations. The Comanesti Baptist Church was demolished in
May, and four members of the church building committee were
tried and convicted of theft of construction materials. The
congregation was finally allowed to resume services in
December in a private home but did not receive authorization
to remodel the house to suit their needs. Their pastor was
still not allowed to officiate at their services.
There is an active Jewish community organization which
provides religious education to its members and enjoys
relatively unrestricted freedom of emigration. Jewish leaders
emphasize that, due to the level of emigration to Israel
permitted by the Romanian Government, their numbers are
declining, and they are permitted to maintain enough
synagogues to meet their needs.
Leaders of religious denominations generally received
permission to travel abroad on official business without
difficulty. Foreign visitors preached occasionally in
Romanian churches. There were three reported cases in 1989 of
unofficially invited clergymen who were either told or asked
to leave Romania by the authorities after their visits to
Romanian churches.
After the NSF took power, the Romanian Orthodox Church had its
Christmas service broadcast over nationwide television. The
NSF plans to eliminate restrictions on religious freedom.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Except for certain very limited military or other restricted
areas (access prohibited) and border areas (access limited to
residents of the areas and those with economic need to travel
there), there are no official restrictions placed on travel
within Romania. Most foreigners, including Western diplomats,
are permitted to travel freely but often were kept under
surveillance.
The right of citizens to change their place of residence is
restricted. All citizens are required to have residence
permits and may not legally move from one town to another, or
between districts within a city, without official permission.
Workers are technically free to change jobs, although
antiunemployment laws and governmental controls may limit this
freedom in practice.
Under Ceausescu's rule, travel outside Romania was treated as
a privilege, frequently arbitrarily withheld, even for those
who could "guarantee" their return by leaving a close family
member behind. Employees generally had to obtain the approval
of their "workers' committee" to apply for tourist passports.
The NSF announced freedom of travel for all Romanians and the
issuance of passports without delay.
In principle, the Government under Ceausescu continued to
oppose emigration for any purpose but family reunification and
sought to discourage those wishing to emigrate. The
authorities sometimes refused arbitrarily to accept emigration
applications from some Romanians. Romanians who applied for
emigration or who held emigration approval were frequently
harassed and discriminated against.
In February 1988, Romania renounced U.S. most-favored-nation
tariff status, which was tied to Romania's emigration
performance by U.S. trade legislation. The Government pledged
to continue approving emigration applications for the purpose
of family reunification, and the rate of approvals for
emigration to the United States during 1989 was higher than
either in 1987 or 1988.
A Romanian citizen who emigrates abroad must obtain the
approval of the Government before resuming residence in
Romania. Such approval was not always granted by the
Ceausescu regime, but the NSF stated it would permit the
repatriation of Romanians who had emigrated or sought asylum
abroad. Several political exiles returned to Romania without
incident by year's end.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although the Constitution assures the right of Romanians to
change their government and leaders, in practice they were
unable to exercise this right under Ceausescu's rule. The
Romanian Communist Party, led by Ceausescu, his wife, and a
few advisers, ruled the country, tolerating no opposition and
suppressing public criticism and dissent from their policies.
Officially, the Communist Party comprised about 16 percent of
the total population or about one-third of the adult
population. The Grand National Assembly (parliament) met for
two short sessions every year and approved the President's
decisions by unanimous vote. There is universal, compulsory
suffrage for those over the age of 18.
Street demonstrations protesting e ^usescu's rule erupted in
Timisoara in western Romania on December 17. Despite the
intervention of the army and security forces, which caused
many deaths, the protests continued in Timisoara and spread to
other cities. Army units in many instances refused to fire on
demonstrators, joining them instead. In Bucharest, thousands
of people attending a large public meeting on December 21
shouted down Ceausescu instead of applauding him, and the
security forces attempted unsuccessfully to suppress the
protests by force, causing many casualties. When Ceausescu
fled the city on December 22, a group of reform-minded
Communists, dissidents, intellectuals, students, and generals
assumed authority, calling itself the National Salvation Front.
The NSF, numbering 29 members at first and expanding to 145
members later, rules by decree through an 11-member executive
committee. It promised free elections in April 1990 in which
all political parties may participate. With the overthrow of
Ceausescu and his execution, and the arrest of all members of
the party's Political Executive Committee, the Communist Party
was deprived of its leading role in the State, but members (or
former members) of the Communist Party appear to be dominant
in the NSF.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
.
There are no human rights monitoring organizations operating
in Romania. No outside groups were permitted to visit Romania
to investigate alleged violation of human rights during
Ceausescu's rule. The Government under Ceausescu did not
comment officially on reports issued by governmental or
nongovernmental organizations such as the Council of Europe,
Amnesty International, or Freedom House, all of which were
harshly critical.
Romania continued officially to proclaim that discussion and
examination of its human rights situation was "unwarranted
interference in domestic affairs," despite its professed
support for human rights standards embodied in the United
Nations Charter and the Final Act of the Conference on
Security and Cooperation in Europe (CSCE).
After Romania signed the Vienna Concluding Document of the
CSCE, it announced that it did not consider itself bound by
those parts of the document related to the human dimension
(human rights), which it had tried but failed to amend.
Romania consistently refused to respond to any request related
to human rights. The NSF has pledged that Romania will
faithfully observe its CSCE human rights commitments.
The November 14-17 session of the International Labor
Organization (ILO) Governing Body established a commission of
inquiry to look into a compJ.aint against Romania for
employment discrimination against ethnic minorities. The
Government rejected the decision as null and void, despite
reminders of Romania's obligation as an ILO member to
cooperate. The complaint refers to employment discrimination
against the Hungarian minority.
In 1989 the Government sought to isrevent a Romanian citizen,
Dumitru Mazilu, from carrying out his responsibilities as
special rapporteur to the U.N. Human Rights Commission, a
position to which he had been named in 1985. Romanian
representatives stated that Mazilu was too ill to prepare his
report; Mazilu wrote U.N. officials that it was only the
actions of his Government that impeded him. In spite of
attempts to cut Mazilu off from all contact with the United
Nations, he was somehow able to transmit his report, which was
published in August. The Romanian authorities then
intensified their surveillance and harassment of Mazilu and
his family and blocked efforts by -foreign diplomats to gain
access to him. After Ceausescu's overthrow, Mazilu became
First Vice Chairman of the NSF.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
.
According to official figures, about 12 percent (2.7 million)
of Romania's 23 million citizens are members of ethnic
minorities, including Hungarians, Germans, Gypsies, and many
smaller groups. Based on a 1977 census utilizing
self-declaration, the Government under Ceausescu stated that
ethnic Hungarians make up the largest minority with some 1.7
million members. Some Hungarian sources claim the true figure
for the ethnic Hungarian population is over 2 million.
Most minority groups are concentrated in Transylvania, the
central and northwestern part of Romania. In recent years,
Ceausescu's regime reduced the opportunities for minorities to
have periodicals, theaters, and schools in their native
language. The ability of members of minority groups to visit
friends and relatives in neighboring countries was limited.
Minority groups protested that government controls and
restrictions constituted discrimination. Many observers
maintained the Government under Ceausescu was pursuing a
program of "Romanianization" in order gradually to absorb the
minority groups into a unified Romanian culture. The
Government denied discriminating against minority cultures.
There are no longer any television or radio broadcasts in the
Hungarian language. Most Hungarian-language theaters now have
a Romanian-language section. Hungarian- and German-language
newspapers continue to be printed.
In the field of education, primary schooling is still
available in Hungarian and German, and even in the native
language of tiny minorities, such as Czechs in western
Romania, although opportunities are shrinking. Under
Ceausescu's rule, the number of ethnic Hungarian children
being educated in Hungarian declined significantly. Several
German-language high schools still operate, although they face
declining enrollment of native German speakers because of the
emigration of members of the ethnic German community. Several
sources report that Hungarian-language sections in high
schools have replaced what were formerly entirely Hungarian1239
language high schools. Except in a few departments, students
can no longer take university entrance examinations in
minority languages, and opportunities for university study in
Hungarian have also decreased. Babes-Bolyai University in
Cluj , formerly two universities, one conducting its courses in
the Romanian language, the other in Hungarian, has increased
its intake of ethnic Romanian students over the years and made
Romanian the language of instruction in most subjects. All
publications, including those in the languages of minority
groups, must use the Romanian place names, not the Hungarian
or German equivalents.
Ethnic Hungarians point to other government policies under
Ceausescu they believe were designed to erode their cultural
identity. Under a 1989 regulation, parents were no longer
permitted to give their children Hungarian names which do not
have Romanian equivalents. Members of the Hungarian minority
claim that the Government used its controls over residence
permits, employment, and study opportunities to dilute the
concentration of the Hungarian population in its traditional
centers. The Government maintained that demographic changes
in Transylvania are natural and result in part from increased
industrialization which has drawn ethnic Romanian workers into
urban areas formerly inhabited predominantly by ethnic
Hungarians.
Women are constitutionally accorded the same rights and
privileges as men. The Government under Ceausescu sought to
upgrade the role of women in society with specific policies in
the areas of education, access to employment, and comparable
wages.
There is no information available on the extent to which
violence against women, including wife beating, may occur.
The Government during Ceausescu 's rule gave no indication
through the controlled press or through legislation that it
perceived a problem, and neither the Communist-controlled
women's organization nor independent human rights activists
addressed this subject.
Section 6 Worker Rights
a. The Right of Association
Although the Constitution stipulates the right to join a
union, the labor code states that the primary function of the
trade unions is to "mobilize the masses for the fulfillment of
the Communist Party's program," and trade unions independent
of the party were prohibited. Romania's single trade union
system is imposed by law. The Labor Code entrusts the
party-controlled General Confederation of Trade Unions (UGSR)
with exclusive responsibility to represent the workers before
the Government. Under Ceausescu 's rule, workers did not have
the right to form their own associations, elect
representatives, or affiliate with international organizations
except through the official unions. Attempts to form
independent groups or unions were quickly suppressed.
Romania's labor code is silent on the right to strike, except
to elaborate procedures by which the union leadership is
required to mediate disputes between the workers and
management, with recourse to the courts when the dispute
cannot be settled. In practice, sanctions available to the
party and the union made it unlikely that such disputes would
reach the courts or be settled in a manner favorable to the
24-900 O—90 40
worker rather than to the Government. Individual workers who
have been dismissed from their jobs may sometimes take their
case to civil court. Under Ceausescu's rule, the Government's
reaction to actual strikes, or to advocacy of the worker's
right to strike, was harsh repression. Worker demonstrations
in Brasov in 1987 were swiftly suppressed by the Government.
There were no confirmed reports of strikes or protests since
then—until the dramatic wave of political protests in
December 1989.
In 1987 Romania lost its eligibility for the U.S. Generalized
System of Preferences (GSP) tariff treatment after the U.S.
Government found that Romania was not taking steps to afford
its workers internationalally recognized worker rights.
In 1989 the International Confederation of Free Trade Unions
(ICFTU) lodged a complaint in the ILO alleging that the
Government resorted to acts of reprisal and repression
(discriminatory measures, imprisonment, violence, dismissals,
and demotions, as well as forced labor) against individuals
who attempted to form trade unions outside the official labor
central or who participated in protest movements or strikes.
The ICFTU cited the June 1988 arrest of 34 workers from an
armaments factory who had met to discuss the creation of an
independent union. It also charged that between 50 and 80
workers had been reported missing since the demonstrations
which took place in Brasov in November 1987 and that several
dozen workers were still under detention in 1989 despite an
amnesty decreed in 1988. These charges were extensively aired
by several ILO supervisory bodies in 1989. In addition, the
ILO's Governing Body, in November 1989, established a
Commission of Inquiry to look into another complaint against
Romania for employment discrimination against ethnic
minorities.
b. The Right to Organize and Bargain Collectively
Workers do not have the right to organize or bargain
collectively. Wages are set in Romania by central planning
boards. While workers nominally have a direct voice in the
management of the workplace through the unions that all must
join, in most factories during Ceausescu's regime the union's
chief executive was also the senior party official, and a
primary function of the unions was to channel party doctrine
and directives to the workers. Unions also dispensed social
benefits, such as vacations at union-owned hotels (for which
the member pays only a fraction of the real cost),
low-interest loans, and access to cultural, educational, and
other leisure activities.
The institution of unrealistic production and sales quotas
during Ceausescu's rule and penalties in the form of salary
deductions for failure to meet them increased worker
dissatisfaction. No mechanism existed by which the workers
could protest such arbitrary reductions in pay. The worker
demonstrations in Brasov in 1987, which were suppressed by the
Government, were called to protests pay cuts and poor living
conditions.
There are no export processing zones in Romania.
c. Prohibition of Forced or Compulsory Labor
The labor code stipulates that each citizen over the age of 16
has the right and the duty to work. Unemployment is a crime
("social parasitism"). With certain exceptions, such as
housewives, full-time students, and private farmers, any
unemployed able-bodied citizen must report to a government
employment bureau for placement in a job. A 1976 law states
that persons who refuse to take up gainful employment may be
fined or assigned to positions in the construction,
agricultural, or other sectors of the economy where they are
required to complete 1 year of service.
Since 1985 the Committee of Experts of the ILO has observed
that these provisions of Romanian law appear to constitute
forced labor in that they are an obligation to work under the
menace of penalties. At the 1988 ILO Conference of the
Committee on the Application of Conventions and
Recommendations, the Romanian Government took the position
that these laws served to encourage able-bodied citizens to
contribute productively to society and that the sanctions
provided for by law had never been applied. Other sources
note, however, that individuals were frequently convicted for
"social parasitism" under a 1968 law which provides
imprisonment as a sanction for persons not gainfully employed.
d. Minimum Age for Employment of Children
There is no specific minimum employment age, although Romanian
law requires schooling to age 16. According to the employment
code, children over 16 not enrolled in full-time schooling are
expected to work. Youths 14 years of age may be employed in
temporary jobs, and youths of 15 may be employed in industrial
work, so long as the employer provides continuing educational
opportunities and shows that the work being performed is
"appropriate for the age and condition" of the employee. In
such cases, the law limits work to 6 hours per day. Children
from age 11 may work in the fields or in other "patriotic
labor," usually as part of a school or other group activity.
b. Acceptable Conditions of Work
The Constitution provides for an 8-hour workday (a 6-hour day
for arduous occupations), a 24-hour rest period each week,
paid vacations, and the "right to leisure." The monthly
minimum wage is equivalent to $220 at the official exchange
rate. It is diffocult if not impossible to maintain an
adequate standard of living at average wage levels. Labor law
elaborates further on these standards but allows employers to
override them "if conditions warrant." In 1989 there were
widespread reports of workers required to perform extra,
uncompensated labor to make up for lagging production or for
official holidays. Workers also reported that wages and
salaries were cut when an enterprise failed to meet its
production quota, even though production shortfalls were often
due to the lack of raw materials or insufficient electric
power.
The labor code promises Romanian workers a safe environment,
and the Ministry of Labor has established safety standards for
most industries and is responsible for enforcing them. In
practice, however, observers report that conditions in many
factories present substantial health and safety hazards.
Unions theoretically also have a responsibility to protect
worker health and safety. Although management and unions are
reportedly aware of these deficiencies in most cases, the
Ceausescu regime's emphasis on meeting production goals took
precedence over safety and health factors in light of
Ceausescu's insistence on rapidly paying off the foreign debtand on pursuing industrial and economic development at all
cost. A government-run institute devoted to worker safety and
health concerns has existed since 1968. It is relatively
small and does not appear capable of challenging unrealistic
government production targets or eliminating hazardous working
conditions, but it does work to ameliorate extreme conditions
in some factories (workers receive supplementary benefits in
some hazardous occupations)
