Vezi raport EN

68 2003 22 80 0 20 40 60 80 100 120 140 160 As certaining s Complaints 86. In 2003, discrimination was ascertained in 27.5% complaints, in 2004 in 13.23%, in 2005 in 21.25% and in 2006 in 12.90%, in 2007 in 6.25%, in 2008 in 17.32%, in 2009 in 19.04% and in 2010 in 15% complaints. 25 NCCD became operational in August 2002 by appointing the Steering Committee. In 2002, no decisions were adopted to ascertain discrimination. RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 29 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” IV. Discrimination criteria in ascertaining cases under Directive 2000/43/EC 87. As regards the criteria which underlined the 129 discrimination cases ascertained by NCCD, these can be followed in the table below: Figure 5 Discrimination criteria in ascertaining cases under Directive 2000/43/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Criterion Roma 22 5 18 9 8 13 13 9 Hungarian 0 1 2 1 0 0 2 0 Jews 0 1 1 0 0 3 2 0 Lipovan Russians 0 1 0 0 0 0 0 Lipovan Ukrainian 0 0 0 1 0 0 0 0 Tatars Turkish-Muslims 0 0 0 0 0 1 0 0 Romanians 0 1 2 0 0 2 0 0 Minorities’ language 0 1 2 0 1 3 3 0 Race/colour 0 0 1 1 0 0 0 0 Total 22 9 27 12 8 22 20 9 V. Forms of discrimination in cases ascertained by NCCD 88. In the 129 cases, NCCD ascertained various forms of discrimination, including direct, indirect, multiple discrimination, the instruction to discriminate and harassment. Also, according to national law it is found the active or passive behaviour by which a group of persons is unreasonably disfavoured or dignity is offended. Figure 6 Discrimination forms in cases under Directive 2000/43/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Form Direct discrimination 7 1 13 10 7 16 10 4 Indirect discrimination - 1 2 1 1 - 1 2 Instruction to discriminate 4 - 1 1 - 1 - - Multiple discrimination 7 - 2 - - - - - Harassment - - - - - 5 9 3 Victimization - - - - - - - - Active or passive behaviour which disfavours 4 7 9 - - - - - Total 22 9 27 12 8 22 20 9 RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 30 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” VI. Fields in which discrimination was manifested in cases ascertained by NCCD Figure 7 Fields of discrimination in cases under Directive 2000/43/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Fields Employment 7 1 3 - - 3 2 1 Private services (club, bar etc) 7 - 4 1 1 4 2 2 Real estate services 3 - 2 1 - - - - Public services - - 2 1 2 2 2 - Judicial services - - 1 - - - - - Religious services - - 1 - - - - - Education 1 - - 2 2 4 2 - Personal dignity 4 8 14 7 3 9 12 6 Total 22 9 27 12 8 22 20 9 89. As can be noted in Figure 7, most cases of discrimination concern the offence to personal dignity, due to ethnic or racial origin and discrimination in access to goods and services made available to the public by private and public providers. It relates to the access to restaurants, shops, clubs, cafes, bars and other issues which concern the rent, sale or purchase of a house. At the same time it is about cases which relate to public administrative services related to the leasing of pieces of land for commercial activities, the displacement of persons, the regime of some buildings or restricting the access to public interest information in Romanian. The field of employment and education distinguish discrimination manifestations as regards conditions of access and separation of Roma children in the school system. VII. Sanctions enforced in discrimination cases ascertained by NCCD Figure 8 Discrimination fields in cases under Directive 2000/43/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Fine 7 - 16 4 - 5 3 - Warning 13 9 12 6 4 11 5 6 Recommendation - - 2 4 5 5 13 4 Only ascertaining 2 - 1 1 - 1 - - 90. As can be noted in Figure 8 and table, most sanctions enforced by NCCD were contraventional warning, followed by contraventional fine and recommendations. RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 31 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” Sanctions in ascertaining cases under Directive 2000/43/CE 60 50 61 40 30 29 20 27 10 5 4 2 1 0 Fine Fine & warning Fine & Warning Warning & Recommendation Only ascertaining recommendation recommendation VIII. Ascertaining solutions issued in 2003 91. Statements. Ethnic origin. Roma. Personal dignity. I.G. complained about the statements of the President of the County Council published in the local press, referring to persons belonging to the Roma community, i.e. associations with the „characteristic misery”, „the effort of leaders (…) to seize water, soap, school (…) and in their transition to the civilized world", the use of the designations "he is either a Gypsy, or a Romanian". Through decision no. 9 of 04.02.2003, the Committee set down that the deeds notified are direct discrimination and offend the dignity of persons belonging to the Roma community. It was also decided to sanction the defendant by contraventional fine amounting to 20.000.000 lei (art. 2 par. 1, art. 19 of G.O. no. 137/2000). 92. Statements. Ethnical origin. Roma. Personal dignity. Romani CRISS complained about the public statements of the Prefect by which he stated his intention to allow future access in public institutions of Roma origin persons in groups „of maximum 5 persons”. Through decision no. 65/25.02.2003, the Committee set down that the notified deeds are direct discrimination and they offend the dignity of persons belonging to the Roma community. (art. 2 par. 1, art. 19 of G.O. no. 137/2000). 93. Press article. Ethnic origin. Roma. Personal dignity. Several persons and associations complained about a press article written by L.L.E. regarding the situation and behaviour of Romanian citizens of Roma origin abroad. Through decision no. 74/11.03.2003, the Committee set down that the notified deeds are direct discrimination and they offend the dignity of persons belonging to the Roma community and it decided to sanction the defendant by fine of 2.000.000 lei (art. 2 par. 1 and 2, art. 19 of G.O. no. 137/2000). 94. Access to goods and services. Ethnic origin. Roma. Personal dignity. County Police Inspectorate notified the fact that at the entry in the cafe-bar belonging to the company S.C. Beni-Carmen S.N.C. was posted a notice with the text „Roma access denied”. Through decision no. 96/08.04.2003, the Committee set down that the notified deeds are discrimination and they offend the dignity of persons belonging to the Roma community and it decided to sanction the defendant by contraventional fine amounting to 4.000.000 lei (art. 2 par. 2, art. 10 lett. f, art. 18. art. 19 of G.O. no. 137/2000). 95. Access to goods and services. Ethnical origin. Roma. Personal dignity. Romani Criss complained about the posting at the entry in the cafe-bar „Casablanca” of a notice with the text „Roma access denied” . Through decision no. 97/08.04.2003, the Committee set down that the notified deeds are discrimination and they offend the dignity of persons belonging to the Roma community. It decided to sanction the defendant by contraventional fine amounting to 2.000.000 lei (art. 2 par. 2, art. 10 lett. f, art. 18, art. 19 of G.O. no. 137/2000). 96. Access to goods and services. Prohibition. Ethnical origin. Roma. NCCD was self-notified regarding the banning of RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 32 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” access of certain persons of Roma origin inside the club „Karma”. Through decision no. 118/07.05.2003, the Committee set down that the notified deeds are discrimination and it decided to sanction the defendant by contraventional fine amounting to 5.000.000 lei (art. 2 par. 2, art. 10 lett. f, art. 18 of G.O. no. 137/2000). 97. Access to goods and services. Prohibition. Ethnic origin. Roma. NCCD and Romani Criss notified the banning of access of certain persons of Roma origin inside the Club „Vox. Through decision no. 126/13.05.2003, the Committee set down that the notified deeds are discrimination and it decided to sanction de defendant by warning. (art. 10 lett. f of G.O. no. 137/2000). 98. Announcements. Employment conditions. Ethnical origin. Roma. Romani Criss notified the publishing in the newspaper „România Liberă”, at the heading „Real estate announcements” – Rent offers” of an announcement with the following content: „Private person, I rent a furnished studio, 60$ per month, payment for 1 year, Roma excluded”. Through decision no. 146/23.04.2003, the Committee set down that the notified deeds are discrimination (art. 10 lett, c. of G.O. no. 137/2000). 99. Access to goods and services. Prohibition. Ethnical origin. Roma. Romani Criss notified the banning of access of certain persons of Roma origin inside the discotheque „Number One” whose control staff specified that „the owner disposed to refuse crows”. Through decision no. 155/15.05.2003, the Committee set down that the notified deeds are discrimination and it decided to sanction the defendant by warning (art. 10 lett. f of G.O. no. 137/2000, warning). 100. Access to goods and services. Ethnical origin. Roma. Personal dignity. Romani Criss notified the posting at the entry in the cafe-bar „Complex Moldova" of an announcement with the text: „We reserve the right choose our clients! and „We don't serve Roma!" . Through decision no. 165/27.05.2003, the Committee set down that the notified deeds are discrimination and they offend the dignity of persons belonging to the Roma community and it decided to sanction the defendant by contraventional fine amounting to 8.000.000 lei (art. 2 par. 2, art. 10 lett. f, art. 19 of G.O. no. 137/2000). 101. Classified ads. Employment condition. NCCD was self-notified regarding the announcements – job offers published in the newspaper „România Liberă” (during 1 - 23 June 2003) concerning the restraining of taking part in a contest on certain criteria (age, gender, affiliation with an ethnic group or a minority, etc). Through decision no. 188/10.06.2003, it set down that the notified deeds are discrimination and it decided to sanction the defendant by warning. (art. 2 par. 2, art. 7 par. 2 of G.O. no. 137/2000) 102. Classified ads. Employment condition. NCCD was self-notified regarding the ads – job offers published in the newspaper „National” (during 1 – 23 June 2003) related to restraining the participation in a contest on certain criteria (age, gender, affiliation with an ethnic group or a minority, etc). Through decision no. 189/10.06.2003 it set down that the notified deeds are discrimination and it decided to sanction the defendant by warning (art. 2 par. 2, art. 7 par. 2 of G.O. no. 137/2000). 103. Classified ads. Employment condition. NCCD was self-notified regarding the ads-job offers published in the newspaper „Evenimentul Zilei” (during 1 – 23 June 2003) related to restraining the participation in a contest on certain criteria (age, gender, affiliation with an ethnic group or a minority, etc). Through decision no. 190/10.06.2003 it set down that the notified deeds are discrimination and it decided to sanction the defendant by warning. (art. 2 par. 2, art. 7 par. 2 of G.O. no. 137/2000). 104. Classified ads. Employment condition. NCCD was self-notified regarding the ads-job offers published in the newspaper „Monitorul de Bucureşti” (during 1 – 23 June 2003) related to restraining the participation in a competition on certain criteria (age, gender, affiliation with an ethnic group or a minority, etc). Through decision no. 191/10.06.2003 it set down that the notified aspects are discrimination and it decided to sanction the defendant by warning (art. 2 par. 2, art. 7 par. 2 of G.O. no. 137/2000). 105. Classif