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diversity and
protection of human rights, coupled with those of traditional partners, have materialized
through a series of effective collaborations, hoping that they will continue in the years to
come.
„ The New Journal of Human Rights”
The collaboration between the Centre for International Studies and the National Council for
Combating Discrimination continued this year by quarterly publishing in the New Journal
of Human Rights materials on anti-discrimination, the promotion of the principle of equal
opportunities, the N.C.C.D. ’s jurisprudence, studies and other articles on the matter.
Continuing collaboration is due to the beneficial impact that the publication of these ma-
terials has been shown to have on society but also on our institution, thus highlighting our
experience in human rights, preventing and combating discrimination.
„Summer school 9th edition”
„ Risk Groups and Social Support Services. The right to non-discrimi-
nation”
The purpose of this annual project is to improve the lives of vulnerable and marginalized
groups by increasing the capacity of young professionals to provide support services and
Activity Report 2017 59
ensure the implementation of the right to non-discrimination. Among the objectives of the
project we count increasing students’ / master graduates’ ability to understand the dynam-
ics of vulnerable and marginalized groups in order to act accordingly and sensitize young
people to adopt a positive and active attitude to improve the quality of life of disadvantaged
people. The beneficiaries of the project were 40 people, both employees of N.C.C.D. as well
as students and master students in sociology, social sciences, psychology, journalism, com-
munication, public administration, law, biology, chemistry and theology.
The project ran from July 10 to July 16 in the Saturn resort, during which the participants
had the opportunity to join and work in informative workshops on: respect for human rights,
discrimination and anti-discrimination policies in Romania, drug use and commercial sex
(prostitution), HIV pre / post counselling and HIV testing, feminism, LGBTQ, social assistance
for homeless adults, the legal framework of social support services addressed to risk groups.
At the “Summer School”, the participants developed their understanding of vulnerable and
marginalized groups and managed to find ways to intervene in this area (support programs,
anti-discrimination campaigns, social reintegration programs).
Considering the feed-back received, it is desirable to continue the project in 2018, to develop
it on a larger scale by making permanent the informing-educating actions by strengthening
the partnership that will create a tradition in the relationship between the National Council
for Combating Discrimination, Carusel Association, Faculty of Sociology and Social Assis-
tance, National College of Social Assistance in Romania, APADOR-CH, Anti-drug Brigade,
ANA, National Council for Elimination of Discrimination and Equality Assurance - Moldova.
Contest of literary creation and drawing
„ Equality and non-discrimination” – 10th edition
There were 27 schools, 223 literary works and drawings, 84 winning works, 28 prizes, 25
type II awards, 26 type III awards and 55 mentions.
The Literary and Drawing Contest - “Equality and Non-Discrimination” by N.C.C.D. in part-
nership with the “Dimitrie Cantemir” Christian University of Bucharest and the School In-
spectorate of Bucharest under the research and development project “Promoting the right
to non-discrimination and equal opportunities at the pre-university education in Bucharest”
was aimed at:
1) Developing the ability to know and understand the principles of non-discrimination
and equal opportunities;
2) Developing the capacity to understand the notion of subjective right;
3) Developing the capacity to apply the principles of non-discrimination and equal
opportunities in all areas;
4) Stimulate interest in engaging in the process of promoting the principles of non-dis-
crimination and equal opportunities.
The contest took place in 6 stages and addressed pupils aged 6-19 years, encouraging them
to appreciate the artistic inspiration for promoting the right to non-discrimination and equal
opportunities. In the first stage the contest was popularized on the N.C.C.D. ’s and “Dimitrie
Cantemir” Christian University’s websites but also through interactive courses and semi-
nars within the participating schools. Then the stages of receiving and evaluating works and
drawings followed and the best works were finally awarded, with literary works being pub-
lished in the “Equality and Non-discrimination” paper and drawings in an office calendar for
2016, materials that will be distributed to participating students and not only.
All creations participating in the contest (except drawings) were published in a volume titled
“Buds of Hope ...”.
The award-winning drawings were published in an office calendar 2017-2018, engraved
with both the name of the project and the names of the partner institutions. Drawings that
have not been awarded have also been published in the calendar, and their authors have
received a degree certificate and a calendar.
Seminar on “Coordination of the National Response and Prevention
of Discrimination - Models of Good Practice” 2nd edition
Following the Partnership Agreement no. 23.380 dated 02.10.2017 concluded with the
Carusel Association, the National Council for Combating Discrimination held the seminar
on “Coordination of the National Response to Combating Discrimination - Good Practice
Models”, 2nd edition, project held between 08-10.12 .2017, within Eden Hotel Complex,
located in Predeal, Brasov County.
The purpose of the project was to exchange information and experience on policy-making
in the field.
Representatives of N.C.C.D. provided specialized information and practical examples on
preventing and combating discrimination, as well as exemplifying ways to address such sit-
uations. Representatives of the Carusel Association presented the measures implemented by
the Civil Society in support of disadvantaged and vulnerable groups, providing specialized
information and practical examples on preventing and combating discrimination, as well as
exemplifying ways to address such situations.
The objective of the project was to develop the capacity to improve the management of dis-
crimination cases in the counselling process of petitioners belonging to vulnerable groups
throughout the petitions process from the point of view of the victims of discrimination, and
the themes presented included: the evaluation of the cases regarding the discrimination of
the groups vulnerable (case study “Ferentari District”); case analysis on homelessness: stig-
ma and marginalization; support services for children from vulnerable groups. (case study:
“Obor Community Center”); Assessing cases of HIV / AIDS discrimination - a friendly ap-
proach; identifying public policies together with civil society to effectively combat discrimi-
nation.
Activity Report 2017 61
”15 years of non-discrimination in Romania. Jurisprudence and
developments”
Between 28 and 31 March 2017, the National Council for Combating Discrimination orga-
nized the Non-discrimination Training Seminar within the project “15 years of non-discrim-
ination in Romania. Jurisprudence and developments “.
The target group consisted of 25 magistrates from different courts, prosecutors, HCCJ, NIM,
SCM, Ministry of Justice and DIOCT.
During the 3 days of the seminar, topics such as stereotypes and prejudices, types of dis-
crimination and exceptions to discrimination, sanctions, hate speech and hate crimes, do-
mestic and international law, national jurisprudence, ECHR and CJEU, as well as procedure
complaint handling were approached.
The sessions took place in an interactive format during Power Point presentations, with the
participants having the opportunity to discuss the various real situations, giving examples
from the practice of the N.C.C.D. and the courts. After the session participants received
emails and other non-discrimination materials.
Between 23-26 May 2017, the National Council for Combating Discrimination organized the
second non-discrimination training seminar within the project “15 years of non-discrimina-
tion in Romania. Jurisprudence and developments “.
This time, the target group consisted of 25 persons from the General Inspectorate of the Ro-
manian Police (Public Order, Criminal Investigations, Crime Investigation and Crime Pre-
vention, IPJ), the General Anticorruption Directorate, the Gendarmerie and the Institute for
Studies for Public Order.
During the courses, the participants received information on stereotypes and prejudices,
types of discrimination and exceptions to discrimination, sanctions, complaints procedure,
domestic and international law, national jurisprudence, ECHR and CJEU. A distinct chapter
was the analysis of hate speech and hate crimes with concrete examples from the case law of
the Council and the courts. Participants asked questions about how to respect human rights
and non-discrimination in research, detention or arrest procedures.
”International Conference on Non-discrimination and Equal Opportu-
nities - N.E.D.E.S.” 11th edition
International Conference on Non-discrimination and Equal Opportunities - N.E.D.E.S. was
organized by the National Council for Combating Discrimination in partnership with the
“Dimitrie Cantemir” Christian University and the Commission for Human Rights, Cults and
Problems of National Minorities within the research and development project “Ways to Pro-
mote the Principles of Non-Discrimination and Equal Opportunities in the Current Society”.
The event, reached at the 11th edition, has set the right framework for the meeting and the
62
exchange of ideas of the specialists in the field, as well as the observation of the way in which
the principles of non-discrimination and of equal opportunities are respected in the Roma-
nian and international society.
Organized for the first time in 2007 on the occasion of the European Year of Equal Opportu-
nities for All, the conference has grown in popularity from year to year and has gained an in-
ternational name by making it possible to highlight interdisciplinary and multidisciplinary
research through the involvement of experts in the field human rights, but also students who
are keen to learn.
The Conference on Non-Discrimination and Equal Opportunities - NEDES 2017 has achieved
its goals, both by attracting a large number of works from all areas of activity and by an im-
pressive number of interested people. It should be noted that the Facebook page of the Con-
ference was visited by more than 5026 people, which proves an increased visibility of both
the conference itself and the project partners.
Activity Report 2017 63
The issue of discrimination
in Romania reflected
in the international reports
1. FRA – Second survey regarding minorities in the European Union
and discrimination (EU-MIDIS II) Roma –main4 results
In December 2017, the FRA published the second EU minority survey and Roma discrimi-
nation (EU-MIDIS II) - main outcomes. The results of the second FRA Survey on Migrants
and Minorities - EU-MIDIS II - published in December 2017, are striking and frustratingly
persistent. Seventeen years after the adoption of EU laws prohibiting discrimination, immi-
grants, descendants of immigrants and ethnic minority groups continue to face widespread
discrimination throughout the European Union and in all areas of life - most often looking
for a job.
The results show little progress compared to eight years ago when the first survey was con-
ducted: the proportions of those who face hatred and discrimination and those who do not
know the relevant legislation remain at a worrying level.
Harassment and hate violence
The Roma in Romania (40%) often indicated that the perpetrator had a different ethnic
minority than their own. A relatively large proportion of respondents who were stopped by
the police in the five years prior to the survey believe that this is due to their ethnicity (42%).
Frequency of discrimination experiences
The results regarding discrimination on access to health show that on average it is mostly
felt by Roma respondents (8%), in Romania (12%).
Reporting discrimination
A look at the Member States reveals some relatively prominent gender differences. In some
countries, women who are victims of discrimination report more often than men, but men
report more often in Romania (men: 14%, women: 8%) and the Czech Republic (men: 18%,
women: 13%).
Extending the perceived ethnic profile among those stopped by the police
A relatively large proportion of respondents who were stopped by the police in the five years
prior to the survey believe that this is because of their belonging to an ethnic minority or
being an immigrant. In Romania, among the Roma respondents who have been stopped, the
perceived ethnic profile rates are higher than the average of the aggregate group.
4
http://fra.europa.eu/en/publication/2017/eumidis-ii-main-results
Activity Report 2017 67
2. Opinion IV of the Advisory Committee of the CoE Framework
Convention for the Protection of National Minorities 5
The latest Council of Europe (CoE) GRECO (Group of States Against Corruption) report
was published on February 16, 2018.
GRECO is an anti-corruption body of the Council of Europe that seeks to improve the abil-
ity of Member States to fight corruption by monitoring their compliance with anti-corrup-
tion standards.
The findings are based on the information contained in the Fourth Statement submitted
by the authorities on 1 February 2016 and on the information obtained by the Advisory
Committee in governmental and non-governmental contacts during the visit to Bucharest,
Cluj-Napoca, Suceava and Constanta in April 3-7, 2017.
The reading of the IV Opinion shows that the Romanian authorities have made efforts to
promote minority culture and education, but the existing legislation regulating different as-
pects of the protection of national minorities is disjointed, fragmented, full of grey areas and
open to contradictory interpretations.
There isn’t yet a coherent policy guaranteeing access to minority rights, and respecting the
rights of persons belonging to national minorities varies according to local conditions and
the goodwill of municipal or regional authorities.
The report notes the persistence of negative attitudes and prejudices against Roma and an-
ti-Hungarian sentiment. Despite the ruling of the National Council for Combating Discrim-
ination, Judgments and Statements of Authorities, racist incidents continue to be reported.
Below are the findings and recommendations found in the GRECO report on N.C.C.D. ‘s
activity:
► Article 4 of the Framework Convention, the evolution of legislation and policies on na-
tional minorities, allocates space to preventing and combating discrimination by talking
about the National Council for Combating Discrimination (N.C.C.D. ), which it states
that it was founded in 2000, actively countered discrimination, initiating procedures on
their own initiative, as well as investigating complaints filed by natural and legal persons.
The principle of reversing the burden of proof in the courts and the N.C.C.D. was rein-
forced in March 2013 by a law stating that a petitioner “will have to submit facts” instead
5
https://rm.coe.int/fourth-opinion-on-romania-adopted-on-22-june-2017/168078af76
68
of “proof, indirect, and the defendant has to prove that the facts are not discrimination.”
► The Advisory Committee also notes that the amount of the fines the N.C.C.D. may
impose has increased significantly to 30,000 lei if the victim is an individual and up to
100,000 lei if the victims are a group or a community.
► The report notes that the N.C.C.D. continues to enjoy public support and receives a
substantial number of complaints each year. The number of individual complaints os-
cillated between 752 (in 2015) and 858 (in 2013) in the last five years. In 2016, the last
year for which figures are available, the N.C.C.D. received 842 complaints of discrim-
ination. Allegations of discrimination on the basis of ethnicity were formulated in 81
complaints, on the criterion of language in 25 cases and on the criterion of race in three
cases. N.C.C.D. issued 111 fines, 53 warnings and made 44 recommendations. The Advi-
sory Committee notes that approximately 86% of the N.C.C.D. ’s decisions, which were
challenged in 2016, were maintained by the competent courts (such as the Courts of Ap-
peal and HCCJ). In addition, it should be noted that the courts have asked the N.C.C.D.
to formulate points of view in approximately 750 cases, alleging breach of the principle
of non-discrimination.
► GRECO regrets that N.C.C.D. operates exclusively from its central office in Bucharest
and has no regional support to enable it to have a more meaningful vision in the country.
► However, the Advisory Committee notes with concern that the financing for the
N.C.C.D. has not increased since 2009, with the amount of 5,914,000 RON in 2016.
Limited state funding has forced the N.C.C.D. to rely on extra-budgetary funding, main-
ly from foreign donors, for awareness-raising activities and training that it carries out in
addition to its core activities. In addition, financial constraints have prevented N.C.C.D.
from employing key staff for its operation. Of the 89 N.C.C.D. posts, only 70 w
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