Protest and Freedom of Expression

 

1.   INTRODUCTION

In 1990, governments throughout Eastern Europe began the process of democratization and the establishment of free market economies. A recent newspaper article points out, however, that Romania remains the odd man out in the region:

The ideal of democracy, the goal of liberation, is alive and well. Only in Romania does the wolf of the old system, now in sheep's clothing, present a direct menace (The Christian Science Monitor 24 Jan. 1991).

The article's assertion is corroborated by numerous statements from international human rights groups and governmental institutions. In 1990, Romania's human rights record was sharply criticized by both Amnesty International and Helsinki Watch. In addition, the Council of Europe, the European Parliament, and the U.S. Congress, as well as a number of individual countries, withheld economic assistance and diplomatic concessions from Romania, for what were perceived as serious incidents of human rights abuse (RFE 9 Nov. 1990, 43; RFE 12 Oct. 1990, 50; The Christian Science Monitor 4 Oct. 1990). In this respect, the two events of the greatest consequence occurred in Tirgu Mures in mid-March 1990 and Bucharest in mid-June 1990.

Clashes between ethnic Hungarians and ethnic Romanians in Tirgu Mures on 19-20 March, which left five dead and over 300 injured, were the culmination of increasing tensions over ethnic Hungarian demonstrations for separate Hungarian language schools and other cultural rights (Amnesty International, AI Index: EUR 39/09/90, 2-3; Helsinki Watch May 1990, 2). Human rights groups were highly critical of the national government's and local officials' handling of the incident. Two reports document eyewitness accounts that the local security forces cooperated with armed Romanians who attacked ethnic Hungarians (Helsinki Watch May 1990, 2-4; Amnesty International, AI Index: EUR 39/09/90, 2-4). The government's response to the violence in Tirgu Mures was twofold. First, it was critical of ethnic Hungarians, who it said had "offended the national feelings of Romanians," and it accused the Hungarian government of inciting unrest in Transylvania. Secondly, it created a parliamentary commission to investigate the incident (Helsinki Watch May 1990, 6; FBIS-EEU-90-056 22 Mar. 1990, 63-65).

On 13 June 1990, soldiers and police ended a two-month long anti-government demonstration in Bucharest's University Square. Demonstrators, at times numbering over 10,000, had demanded the banning of former Communists and Securitate officials from running in the May 1990 elections, and the independence of the country's main television station. When protests continued throughout the city, the government appealed to "workers and conscientious citizens" to come to the capital and help restore order. In response, an estimated 10,000 miners arrived in Bucharest on 14 June and attacked people they believed to be demonstrators, students, or opposition supporters. They also attacked opposition headquarters and newspaper buildings. The violence left six dead and hundreds injured, while over 1000 people were detained and/or arrested (Helsinki Watch July 1990, 8-18).

Subsequent reports quote eyewitness accounts that the security forces cooperated with and sometimes even coordinated the activities of the miners. A recent Radio Free Europe report provides evidence that those organizing the miners were former Securitate officials, some of whom are now working for the organization's successor, the Romanian Information Service (RFE 11 Jan. 1991, 28-32).

The government initially thanked the miners for their response but once they had left Bucharest, it issued a statement admitting that the miners had committed abuses. It also announced the creation of a parliamentary commission to investigate the events of 13-15 June.

2.      LEGAL RIGHTS

The current government has maintained a number of the legal provisions of the Ceausescu regime and used them to detain, arrest and imprison people throughout 1990. Most notable of these provisions are Decree 153 and laws covering preventive detention.

Decree 153, promulgated in April 1970, deals with "parasitism" and effectively makes unemployment illegal. According to Helsinki Watch, sections of the decree "are extremely vague...inviting arbitrary and discriminatory enforcement." For instance, one part forbids "illegal disturbance of the peace of residents, by producing noise with any apparatus or object, or through screaming or making noise" (Abrash 11 Feb. 91).

3.            FREEDOM OF EXPRESSION: DEMONSTRATIONS SINCE JUNE 1990

A survey of 15 demonstrations throughout Romania between late June and mid-January reveals an ambiguous picture with respect to freedom of expression. In most cases, the sources consulted did not report violence or police intervention. In a few cases, demonstrators were ordered to disperse by police and did so without incident. On four occasions, police intervened and clashed with demonstrators.

Between 22 and 26 August 1990, there was a series of demonstrations in Bucharest. Those demonstrations organized by opposition groups remained peaceful. Others, staged by people claiming no political affiliation, deteriorated into violence and clashes with police. According to Interior Minister Doru Viorel Ursu, by late evening of 24 August, 21 protesters had been arrested, while a report from a Western news agency states that by 26 August, 80 people had been detained (FBIS-EEU-90-166, 27 Aug. 1990a, b). On 27 August, the mayor of Bucharest issued a decree banning demonstrations in certain parts of the city. This decree is no longer in force (Poulton 30 Jan. 1991).

According to a spokesman for the Democratic Alliance of Hungarians in Romania (RMDSz), on 12 December 1990, "police attacked...peaceful demonstrations [in Bucharest] during a two-hour street fight" (FBIS-EEU-90-244 19 Dec. 1990, 47). The RMDSz is the second strongest party in Romania's parliament.

A number of sources provide information on clashes between police and demonstrators on 12 and 13 January 1991 in Bucharest. Documentation-Réfugiés reports that the security forces "brutally repressed" the protesters, while The Associated Press describes "club-swinging police [who] waded into a crowd of about 200 demonstrators." A number of foreign journalists were hospitalized as a result (Documentation-Réfugiés 8-17 Jan. 1991; The Associated Press 13 Jan. 1991). Radio Free Europe reports that about 600 people, mostly teenagers who may not have been part of the demonstration, threw Molotov cocktails at police (RFE 25 Jan. 1991, 50). A 13 January report from Rompres emphasizes the "special violence" of that group (FBIS-EEU-91-009 14 Jan. 1991, 43-4).

4.           THE SECURITATE: LIFE AFTER DEATH

Regardless of whether the Securitate still exists or not, the organization has left a legacy of fear which will remain imbedded in the psyche of Romanians for some time to come. To a great extent, the Securitate fostered a perception of omnipotence among the population, a necessary tool since, in this way, it could rely on a majority to remain obedient to the state. As a recent article in Freedom at Issue points out, this perception cannot be wiped out overnight and many people in Romania will continue to act as if nothing has changed (Sept.-Oct. 1990, 6-7).

The Securitate was officially abolished in late December 1989 and a new intelligence organization, the Romanian Information Service (RIS), replaced it on 24 April 1990. A report of 11 January 1991 by Radio Free Europe states that the RIS "is generally suspected of being the old Securitate under a different name" (FBIS-EEU-91-005 8 Jan. 1991, 39; RFE 11 Jan. 1991, 32).

Various statements made by the head of the RIS, Virgil Magureanu, and the Defence Minister, Victor Stanculescu, indicate that of the Securitate's 15,000 employees, 6,000 have been dismissed, while 6,000 more are currently working for the army and in counter-intelligence as "specialists" after having been "carefully screened" (FBIS-EEU-91-005 8 Jan. 1991, 39; RFE 26 Oct. 1990b).

Romanian opposition activists are categorical in voicing their concerns about the continuing power of former Securitate agents (The Christian Science Monitor 4 Oct. 1990; FBIS-EEU-90-210 30 Oct. 1990, 43). A recent report by Radio Free Europe on the June 1990 unrest in Bucharest lends credence to their concerns. It documents how former Securitate officers, some of whom now work for the RIS, disguised themselves and organized groups of miners to attack and arrest anti-government demonstrators. They are also reported to have been behind a staged attack on the headquarters of Romanian Television on 13 June 1990, which led to Iliescu's call for help against what he claimed was a coup attempt (RFE 11 Jan. 1991, 28-30).

On 1 October 1990, a five-member parliamentary commission was established to oversee the activities of the Interior Ministry. One of its tasks was reportedly to examine whether former Securitate employees are currently in the Ministry (FBIS-EEU-90-191 2 Oct. 1990, 36). Sources consulted could not provide further information on the activities or findings of this commission at this time.

5.     EXIT AND RETURN

A decree of 1 January 1990 guarantees all Romanian citizens the right to a passport and abolishes entry-exit visas. Passports are to be issued within 20 days of application. The decree sets out certain conditions under which a passport can be denied, such as if the applicant has been sentenced to a prison term, is under penal prosecution, or is known to have committed acts "that upset public order and stability or [cause] moral offense" (Embassy of Romania 19 Jan. 1990).

A report of 10 January 1990 from Bucharest Domestic Service, a government radio network, indicates that there is still a penalty for "leaving the country by illegally crossing a border." Those found guilty are subject to 15-30 days imprisonment or a fine of 1,000-5,000 lei (FBIS-EEU-90-008 11 Jan. 1990, 71). The average monthly wage in Romania is 3,000 lei. The report did not elaborate upon what specific action would constitute illegal crossing of a border. Reports consulted do not indicate whether or not the government is currently using the above provisions to prevent people from leaving the country.

On 8 February 1990, a Romanian passport official stated that no passports had thus far been denied to applicants because of "public order or stability" offences (FBIS-EEU-90-028 9 Feb. 1990, 77). On 4 September 1990, however, the Romanian Journalists Association protested to the Foreign Ministry that a number of journalists had been denied passports (FBIS-EEU-90-175 10 Sept. 1990, 56).

Passport reforms will mean little in terms of freedom of movement abroad if currency controls remain unchanged. According to Rompres, on 24 April 1990 the Romanian government proposed a draft decree-law which would amend restrictions on the amount of hard currency Romanian citizens could take abroad, but the report does not provide further details. On 28 April 1990, the government announced that citizens could use lei to buy one round-trip train ticket per year, to anywhere in Europe. In exceptional circumstances, such a purchase would be allowed twice in a given year (FBIS-EEU-90-084 1 May 1990, 33). Throughout 1990, the Romanian government encouraged Romanian emigrés to return. A decree-law of 31 December 1989 states that all emigrés have a right to return and, if applicable, to have their citizenship restored. They are also guaranteed equal political, economic and social rights. According to a report of November 1990 by Radio Free Europe, however, the government immediately began to discourage political activity by returning citizens (RFE 26 Oct. 1990a, 29-30).

In September, the government announced that fewer than 2,200 emigrés had returned. At the same time, conservative estimates by the government put the number of people who left the country in the first eight months of 1990 at just over 118,000 (RFE 26 Oct. 1990a, 30).

6.                ANTI-GOVERNMENT DISSENT

The government's ambiguous response to dissent since June 1990 makes it difficult to ascertain which groups or types of individuals could be at risk in Romania. There is no straightforward answer to this question. The problem is compounded by what is currently a chaotic administrative situation. As two human rights observers point out, government officials often do not know what laws are still in force or who is currently being detained, tried, or convicted (Abrash 11 Feb. 1991; Abrash 11 Feb. 1991). It can, for instance, capitalize on people's fears that the Securitate is still operative, albeit under a new name. Given reports which deal with the role of former Securitate agents during the violent events in Bucharest last June, such fears are, at the very least, plausible. The government's reluctance to allow public access to Securitate files has also done little to alleviate its citizens' concerns.

The treatment of anti-government activists depends to a great extent on who is in control at the local level. A recent article in Current History states that despite changes in Romania's top leadership, "regional supporters of the Ceausescus...still retain control at various levels throughout much of Romania." The central government, it continues, cannot control these "local bosses, [which] limits any possibility of reform." A number of other reports support this view (Current History Dec. 1990, 412, 433; Freedom at Issue Sept.-Oct. 1990, 31).

On 16 January 1991, the Romanian government submitted to the Council of Europe the findings of parliamentary commissions investigating the disturbances of March 1990 in Tirgu Mures and of June 1990 in Bucharest. The government was sharply criticized for what many groups saw as an inordinate delay in releasing those reports (BBC Summary 26 Jan. 1991, B1; RFE 11 Jan. 1991, 32). The reports do not appear to have alleviated the concerns of some human rights and government organizations. In the case of the June violence, members of the commission could not reach a consensus conclusion and two "draft reports" were submitted, one by opposition members and one by members of the governing National Salvation Front (NSF) and parties allied with it (BBC Summary 26 Jan. 1991, B1).

The NSF submission attributes the violence to anti-government protesters who "wanted to ascend to power by means other than democratic." It concedes that the security forces and the miners used inordinate force in dealing with the situation but also alleges, in its conclusion, that foreign interests were behind the demonstrators. The opposition report criticizes Iliescu for inciting the miners to intervene and then thanking them for their actions. Neither report goes as far as others, such as one from Radio Free Europe, in discerning a pattern of official complicity in the incident (BBC Summary 26 Jan. 1991, B1; RFE 11 Jan. 1991, 32).

The submission of the reports had an immediate effect on Romania's international image. On 30 January, a group of 24 Western aid donors announced that Romania would be offered economic assistance. That programme had been previously blocked due to the June violence (The Financial Times 31 Jan. 1991).

On 1 February 1991, the Council of Europe followed suit by granting Romania special guest status. The council's secretary general, Catherine Lalumière, noted that Romania had made "major progress to democracy over the past few months" (Reuters 7 Feb. 1991). A February 1991 report from Radio Free Europe states, however, that Romania's guest status will be subject to periodic review and that the Council's rules on guest status were amended to provide for such a review. According to a member of the Council, the decision was made because "Romania was not up to the Council's mark when it came to democratic reform and the implementation of human rights" (RFE 22 Feb. 1991, 27).

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