ROMANIA
1. The
Committee considered the third periodic report of Romania (CCPR/C/58/Add.15)
at its 1284th, 1285th and 1286th meetings, held on 1 and 2 November
1993, and adopted 1/ the following comments:
A. Introduction
2. The
Committee welcomes the third periodic report of Romania and expresses
its appreciation for the detailed and comprehensive information
contained therein, particularly with regard to the many legislative
developments which have recently taken place. In particular, the
Committee expresses its appreciation to the delegation for the additional
detailed information it presented to the members of the Committee
in response to their questions and comments. The frankness of the
report and the openness displayed by the delegation facilitated
a most constructive and encouraging dialogue with the State party.
B. Factors and difficulties affecting the
application of the Covenant
3. The
Committee notes with concern the legacy of the totalitarian past
in Romania, during which time serious and systemic violations of
human rights occurred. In this respect, the Committee notes, in
particular, that some political and social attitudes still prevalent
and generally tolerated in the country are not conducive to the
promotion and protection of human rights.
C. Positive
aspects
4. The
Committee welcomes the many recent developments in Romania which
represent significant progress in the transition toward democracy
and pluralism. In general, the Committee is encouraged by the provisions
of the new Constitution and the firm legal basis it provides for
a democratic order. In particular, the Committee expresses satisfaction
that the Covenant and other international human rights instruments
have been incorporated into domestic law and that they appear to
occupy a superior position within the legal hierarchy.
5. The
Committee notes with appreciation the political reforms undertaken
in Romania and the establishment of democratic institutions. The
efforts to undertake a thorough legal reform have already yielded
many accomplishments, particularly with respect to the new law on
the judiciary, reforms in the Penal Code and Penal Procedure and
the prospective repeal of certain discriminatory laws such as those
which had victimized homosexuals.
6. The
Committee welcomes the abolition of the death penalty and the adherence
of Romania to the Second Optional Protocol. It also appreciates
Romania's recent accession to the First Optional Protocol recognizing
the competence of the Committee to receive complaints from individuals
alleging a violation of their rights under the Covenant.
7. The
Committee also welcomes the openness of the Government in affirming
the multicultural nature of Romanian society and the efforts that
have been made to engage the participation of minorities in public
life.
D. Principal subjects of concern
8. The
Committee is concerned that the legal framework may not be in full
conformity with the Covenant, particularly in that the general restriction
of rights under article 49 of the Constitution is much broader than
what is allowed under the Covenant.
9. The
Committee expresses concern at the continuing problems in Romania
regarding discrimination against persons belonging to minorities
and, in particular, offences committed as a result of incitement
to ethnic or religious intolerance. This situation is especially
threatening to vulnerable groups, such as the Roma (gypsies). The
Committee is concerned that the Government has not been sufficiently
active in combating such discrimination or effectively countering
incidents of violence committed against members of minority groups.
10. The
Committee is concerned over abuses committed by the police, such
as forcible entry into homes, failure to inform detainees of their
rights and ill-treatment of prisoners. In this regard, the Committee
notes that the number of investigations, charges and convictions
are extremely few compared with the number of complaints received
or abuses reported; that penalties prescribed by law are not commensurate
with the gravity of the crimes committed; and that compensation
to the victims of abuses is not always forthcoming, all of which
contribute to an atmosphere of impunity. This situation is particularly
alarming in view of the way it undermines harmonious relations with
minorities, thus leading to ethnic marginalization and escalation
of violence.
11. The
Committee notes with regret the decrease in the participation of
women in public life and in their employment and opportunities in
recent years. The increasing rate of infant mortality is also a
matter for concern.
12. The
Committee also expresses concern that the full independence of the
judiciary has been not yet been ensured. In this connection, the
continuing powers of the Ministry of Justice over judicial decisions
and the power to remove judges creates a situation which greatly
undermines the independence of the judiciary.
E. Suggestions and recommendations
13. The
Committee emphasizes that continuing review is needed to ensure
that all relevant laws, regulations and administrative procedures
conform to the provisions of the Covenant. In this regard, relevant
draft legislation under active consideration should also be in strict
compliance with the obligations of Romania under the Covenant. This
is especially important in regard to the exercise of freedom of
expression since restrictions under article 49 of the Constitution
are significantly wider in scope than those permitted under article
19 of the Covenant. The Committee recommends that legal reforms
be closely followed by effective changes in practice, particularly
in regard to administrative regulations and procedures.
14. The
Committee recommends that further measures be taken to protect persons
belonging to minority groups and to enable them to exercise their
rights under the Covenant, including participation at all levels
in public institutions. The Committee also recommends that the Government
take more active steps to combat racist and xenophobic attitudes
and promote tolerance and understanding among the various ethnic,
religious and national groups in Romania. In this connection, a
positive approach should be taken to counter negative attitudes
in the media which are likely to reinforce racist attitudes among
the public, particularly in regard to the Roma.
15. The
Committee emphasizes the need for greater control over the police,
particularly in the context of the recent authoritarian past from
which Romanian society is emerging. Determined and continuing efforts
need to be undertaken to ensure that there is no element of racism
in law enforcement, either in practice or in public perception.
Further progress should be achieved in fully returning the police
to civilian control. There should be intensive training and education
programmes aimed at law enforcement officials as well as a determined
effort to ensure adequate minority representation in the police
force. Steps should also be taken to strengthen recourse procedures
for victims of police abuse and ensure adequate follow-up to reports
of abuse by thorough investigation and by applying criminal rather
than merely administrative sanctions against offenders.
16. The
Committee emphasizes the need for the Government to take positive
measures to strengthen the situation of women and children, particularly
with respect to participation in public life, equal opportunities
to employment and remuneration and equal rights and responsibilities
in the family. The Committee also recommends that measures be taken
to reduce infant mortality.
17. With
regard to the independence of the judiciary, the Committee recommends
that steps be taken to speed up the reform process and end the present
monitoring powers of the Ministry of Justice. Further vigorous efforts
should be made to encourage a culture of independence among the
judiciary itself.
18. The
Committee underlines the need for the Government to take a more
active approach in overcoming public attitudes which hamper the
effective implementation of human rights standards. Public information
and education activities need to be strengthened so that the general
public may be better acquainted with the provisions of the Covenant
and the steps taken to apply it in practice. In this connection,
greater use could be made of non-governmental organizations and
the media.
1/ At its
1289th meeting, held on 4 November 1993