FUTURE CONSIDER TREASONOUS AND IS A CLEAR INFRINGMENT OF THE RANGE OF CIVIL LIBERTIES DESCRIBED IN PRINCIPLE VII. FORMERLY, ONLY DISSEMINATION OF CLASSIFIED MATERIAL AND INFORMATION WAS JUDGED TREASONOUS; THE NEW LAW STIPULATED THAT THE PROMULGATION OF ANY NEWS AND INFORMATION DEEMED DETRIMENTAL TO THE INTERESTS, REPUTATION AND DIGNITY OF THE STATE AND/OR SOCIALIST SOCIETY COULD BE SO CONSIDERED. TREASONOUS ACTIVITIES NOW INCLUDE THE TRANSFER OF NOTES, MANUSCRIPTS, AND RECORDINGS TO THE WEST; INTERFERENCE WITH THE ACTIVITIES OF STATE ORGANS OR SOCIAL ORGANIZATIONS; AND IMPUGNING THE MOTIVES AND ACTS OF THE REGIME. So VAGUE IS THE DEFINITION OF "DETRIMENTAL" ACTIVITY THAT THE GOVERNMENT CAN INTERPRET THE AMENDMENT AS IT PLEASES. CONCEIVABLY, "TREASON" COULD BE CONSIDERED CASUAL VERBAL EXCHANGES WITH FOREIGNERS OR COMPLAINTS ADDRESSED TO LOCAL FUNCTIONARIES. EXTREMELY HARSH PUNISHMENTS ARE MANDATED BY THIS NEW LEGISLATION. THE AMENDMENT ALSO RESTRICTS THE FREEDOM TO ASSEMBLE, RAISES THE PENALTY FOR ORGANIZING AND TAKING PART IN ANTI-GOVERNMENT DEMONSTRATIONS, AND PERMITS POLICE AND SECURITY FORCES TO TAP ANY PHONE AT THEIR DISCRETION. POLITICAL PRISONERS WESTERN HUMAN-RIGHTS ORGANIZATIONS, SUCH AS AMNESTY INTERNATIONAL AND THE GESELLSCHAFT FUER MENSCHENRECHTE ESTIMATE THAT BEFORE THE AMNESTY OF LATE 1979 THERE WERE FIVE TO SEVEN THOUSAND POLITICAL PRISONERS IN THE G.D.R. MORE THAN HALF SUCH PRISONERS ARE THOUGHT TO HAVE BEEN IMPRISONED FOR ATTEMPTING TO EMIGRATE WITHOUT GOVERNMENTAL PERMISSION, AN ACT THE G.D.R. JUDGES A SERIOUS CRIME. TRIALS FOR POLITICAL CRIMES ARE GENERALLY CLOSED TO THE PUBLIC. OFTEN THE CHARGES ARE NOT SPECIFIED UNTIL TOO NEAR THE TRIAL DATE FOR THE DEFENSE TO PREPARE AN ADEQUATE CASE, AND DETAINEES ARE FREQUENTLY BARRED FROM ACCESS TO THEIR LAWYERS. THERE HAS BEEN NO SIGN OF IMPROVEMENT IN THIS AREA DURING THE PAST THREE YEARS. CONDITIONS IN G.D.R. PRISONS HAVE ALSO CHANGED LITTLE, IF ANY, SINCE 1977. FORMER PRISONERS CONTINUE TO DESCRIBE MISTREATMENT, INCLUDING CHRONIC INSUFFICIENCY OF FOOD, HEAT, MEDICAL CARE AND BRUTAL TREATMENT BY PRISON PERSONNEL. BEFORE THE AMNESTY IN 1979, PRISONS WERE OFTEN OVERCROWDED. POLITICAL PRISONERS ALSO COMPLAIN THAT THEY ARE OFTEN SUBJECT TO LONG PERIODS IN ISOLATION CELLS AND LACK ACCESS TO VISITORS. ALTHOUGH REFORMS WERE PASSED IN MAY 1977 WHICH WERE SUPPOSED TO ALLEVIATE THE WORST ABUSES, THEY DO NOT SEEM TO HAVE HAD MUCH EFFECT ON THE GENERAL SITUATION. TO CELEBRATE THE 30TH ANNIVERSARY OF THE REPUBLIC, THE G.D.R. PERMITTED AN AMNESTY OF PRISONERS IN THE FALL OF 1979. DURING A TWO-MONTH PERIOD, ABOUT 22,000 OF THE ESTIMATED 30,000 PRISONERS IN THE G.D.R. WERE RELEASED. ALTHOUGH THIS AMNESTY COMPARES FAVORABLY WITH PREVIOUS ONES IN TERMS OF TOTAL NUMBER OF PRISONERS RELEASED, ONLY ABOUT 1,500 POLITICAL PRISONERS WERE AMNESTIED AND ALMOST NONE OF THESE HAVE BEEN PERMITTED TO EMIGRATE. FORMER POLITICAL PRISONERS WHO MUST CONTINUE TO RESIDE IN THE G.D.R. LIVE UNDER RIGID CONTROLS ON MOVEMENT, INCLUDING CURFEW HOURS AND LIMITED ACCESS TO PEOPLE AND PLACES, AND WITH CIRCUMSCRIBED CHOICE OF JOBS. SEVERAL POLITICAL PRISONERS PARDONED DURING THE AMNESTY HAVE SINCE BEEN REARRESTED WITH LITTLE CAUSE. IN 1979, THE FEDERAL REPUBLIC OF GERMANY STATED THAT SINCE 1962, ABOUT 16,000 PRISONERS HAVE BEEN "BOUGHT" FROM THE G.D.R. FOR AN UNOFFICIAL ESTIMATED PRICE OF $500 MILLION IN CASH AND GOODS. THE 1,500 PRISONERS WHO ARE BOUGHT FREE IN THIS ANNUAL TRAFFIC VARY IN PRICE ACCORDING TO SCHOOLING, PROFESSION, AND OTHER INVESTMENT COSTS OF THE G.D.R. ALTHOUGH RUMORS CIRCULATED DURING LATE 1979 AND EARLY 1980 THAT THE PUBLICITY GIVEN TO THESE TRANSACTIONS WOULD INDUCE THE G.D.R. TO HALT THEM, PRESENT AVAILABLE EVIDENCE INDICATES THAT THE EXCHANGES ARE STILL BEING MADE AS BEFORE. THE CONTINUATION OF THIS "PRISONER RELEASE PROGRAM" SPEAKS VOLUMES ABOUT THE ACTUAL STATE OF CIVIL AND POLITICAL RIGHTS IN THE G.D.R. RELIGIOUS RIGHTS IN TESTIMONY BEFORE THE COMMISSION ON MAY 21, 1980, PROFESSOR BOHDAN BOCIURKIW MADE THE FOLLOWING COMMENTS ON THE RELATIVELY FAVORABLE STATUS OF RELIGION IN THE G.D.R. HE SAID THAT THE G.D.R. GOVERNMENT ALLOWS A RELATIVELY HIGH DEGREE OF INTERNAL INDEPENDENCE TO ITS RELIGIOUS COMMUNITY. RELIGIOUS DENOMINATIONS, MOSTLY PROTESTANT (82 PERCENT), ARE PERMITTED TO OWN THEIR HOUSES OF PRAYER, ARE NOT DENIED THE RIGHTS OF THE JURIDICIAL PERSON (PROVIDED THEY ARE LICENSED BY THE STATE), RETAIN CONSIDERABLE LAND HOLDINGS AND ARE GIVEN SUBSIDIES BY THE G.D.R. ANOTHER VEHICLE FOR STATE CONTROL. ALTHOUGH PAROCHIAL SCHOOLS WERE PROHIBITED UNTIL 1968, OPTIONAL AFTER-HOURS RELIGIOUS INSTRUCTION WAS PERMITTED IN THE SCHOOLS. UNDER PRESENT G.D.R. LAW, RELIGIOUS TEACHING OF CHILDREN MUST TAKE PLACE IN CHURCHES. THERE ARE SCHOOLS FOR THE TRAINING OF CLERGY IN THE G.D.R. AND CHURCHES HAVE A MEASURE OF LEGAL INDEPENDENCE IN CHURCH APPOINTMENTS. THE BISHOP OF A G.D.R. DIOCESE, DR. JOACHIM MEISNER, WAS INSTALLED AS THE NEW ROMAN CATHOLIC BISHOP OF BERLIN, AN UNDIVIDED BISHOPRIC THAT INCLUDES BOTH EAST AND WEST, ON MAY 17, 1980. IN ADDITION, SIX TRADITIONAL G.D.R. UNIVERSITIES HAVE STATE-MAINTAINED THEOLOGICAL FACULTIES. THE G.D.R. GOVERNMENT ALSO PERMITS REGULAR RELIGIOUS BROADCASTS OVER THE STATE RADIO. ECCLESIASTICAL PUBLICATIONS, HOWEVER, ARE SUBJECT TO GENERAL G.D.R. CENSORSHIP REGULATIONS. ROMANIA THE ROMANIAN GOVERNMENT CONTINUES TO SEVERELY CIRCUMSCRIBE THE INDIVIDUAL AND COLLECTIVE LIBERTIES OF CITIZENS IN CONTRADICTION OF PRINCIPLE VII OF THE HELSINKI FINAL ACT. AT THE SAME TIME, ROMANIA RESERVES THE RIGHT TO ASSUME AN INDEPENDENT POSITION FROM THAT TAKEN BY THE SOVIET UNION AND OTHER WARSAW PACT STATES ON CERTAIN FOREIGN POLICY ISSUES. ROMANIA'S WILLINGNESS TO ACCEPT DISCUSSION OF HUMAN RIGHTS IMPLEMENTATION AS AN APPROPRIATE AND LEGITIMATE PART OF THE HELSINKI PROCESS IS A MANIFESTATION OF ROMANIA'S INDEPENDENT POLICIES. ROMANIA IS THE ONLY WARSAW PACT STATE TO HAVE PERMITTED AN AMNESTY INTERNATIONAL DELEGATION ONTO ITS SOIL. IN FEBRUARY 1979, AMNESTY REPRESENTATIVES ACQUAINTED ROMANIAN GOVERNMENT OFFICIALS, RELIGIOUS LEADERS AD PROFESSIONAL PEOPLE - UNDENIABLY, THE ROMANIAN GOVERNMENT DESERVES CREDIT FOR SHOWING RECEPTIVITY TO DISCUSSION OF SENSITIVE HUMAN RIGHTS CONCERNS. HOWEVER, DISTURBING EVIDENCE OF HUMAN-RIGHTS VIOLATIONS COMMITTED BY ROMANIAN AUTHORITIES HAS DONE MUCH TO OFFSET THE POSITIVE IMPRESSION OF SUCH RECEPTIVITY. NOTWITHSTANDING AMNESTY'S TRIP TO ROMANIA IN FEBRUARY 1979, THE ORGANIZATION RELIABLE REPORTS ATTESTING TO THE HARASSMENT OF CHRISTIAN ACTIVISTS IN TIMISOARA, CLUJ AND CARANSEBES AT THE VERY TIME THAT THE HUMAN-RIGHTS ROUNDTABLE DISCUSSIONS WERE UNDERWAY IN BUCHAREST DID MUCH TO DISCREDIT THE POSITIVE IMPACT OF THE ROUNDTABLE. NEVERTHELESS, THE OPPORTUNITIES PROVIDED BY ROMANIA FOR FRANK AND DETAILED EXCHANGES ON HUMAN RIGHTS ARE WELCOME NEW STEPS IN THE RIGHT DIRECTION. ROMANIAN CIVIL AND POLITICAL RIGHTS - WRITER PAUL GOMA'S FEBRUARY 1977 OPEN LETTER TO THE BELGRADE REVIEW CONFERENCE IN WHICH HE WAS INITIALLY JOINED BY SEVEN PERSONS AND LATER BY MORE THAN 200 SIGNATORIES -- REPRESENTS THE FIRST INSTANCE OF PUBLICLY ARTICULATED DISSENT ON ISSUES OTHER THAN MINORITY RIGHTS AND EMIGRATION IN CONTEMPORARY ROMANIA. BASING HIS CRITICISM ON ROMANIAN LAW, GOMA ACCUSED THE ROMANIAN GOVERNMENT OF VIOLATING ITS OWN CONSTITUTIONAL GUARANTEES. THE CIVIL RIGHTS-RELATED ACTIVITY CENTERED IN GOMA'S SMALL GROUP WAS KNOWN AS THE "GOMA MOVEMENT". THIS TERM IS SOMEWHAT MISLEADING, HOWEVER, IN THAT IT IMPUTES A LEVEL OF ORGANIZATIONAL AND POPULAR SUPPORT SIMILAR TO THAT FOUND IN POLAND, CZECHOSLOVAKIA AND THE SOVIET UNION. GOMA AND HIS ASSOCIATES WERE SUBJECTED TO CONSIDERABLE HARASSMENT BY THE AUTHORITIES, ATTACKS IN THE MEDIA, ARREST, PHYSICAL ABUSE AND IMPRISONMENT. BY THE END OF 1977, HOWEVER, THEY HAD BEEN ALLOWED TO EMIGRATE TO THE WEST,18 WITH GOMA'S DEPARTURE, THE MOVEMENT LOST ITS FOCUS AND FORCE. SUCH HAS BEEN THE PATTERN OF DISSENT AND REGIME RESPONSE TO IT IN ROMANIA EVER SINCE. IN THE YEARS FOLLOWING GOMA'S DEPARTURE, OTHER FORMS OF PROTEST HAVE BEEN TRIED AND NEW DISSIDENT GROUPS HAVE ARISEN. SUCH DISSIDENT AFFILIATIONS ARE NOT SO MUCH "GROUPS" IN THE WESTERN SENSE OF THE WORD, BUT ARE LOOSELY FORMED COALITIONS OF INDIVIDUALS LINKED BY COMMON CONCERNS. BECAUSE THE MORE ACTIVE AFFILIATES ARE CONSTANTLY HARASSED, ARRESTED, IMPRISONED AND FREQUENTLY FORCED OUT OF THE COUNTRY, IT IS EXTREMELY DIFFICULT FOR THE GROUPS TO FUNCTION IN A CONTINUOUS MANNER. SUCH GROUPS RECENTLY HAVE SURFACED IN THE INTELLIGENTSIA, THE RELIGIOUS COMMUNITY, WORKERS' AND MINORITY CIRCLES. RELIGIOUS RIGHTS FREEDOM OF RELIGIOUS BELIEF IS GUARANTEED UNDER ROMANIAN LAW, BUT ITS PRACTICE IS CONFINED BY THE ROMANIAN GOVERNMENT, WHICH ACTIVELY PROMOTES ATHEISM. THERE ARE 14 RELIGIOUS GROUPS OFFICIALLY REGISTERED IN ROMANIA, INCLUDING THE ROMANIAN ORTHODOX CHURCH (THE MAJORITY RELIGION IN THE COUNTRY), THE ROMAN CATHOLIC CHURCH, THE JEWISH AND ISLAMIC RELIGIONS, BAPTIST, UNITARIAN, LUTHERAN, AS WELL AS OTHER CHURCHES. THE OFFICIALLY RECOGNIZED GROUPS RECEIVE FROM THE STATE: FINANCIAL SUPPORT, PERMISSION FOR PRIESTS AND PASTORS TO BUILD NEW CHURCH BUILDINGS, WITH THEOLOGICAL TRAINING AND PERMISSION TO MAINTAIN CONTACTS CO-RELIGIONISTS ABROAD. THESE ALLOWANCES ARE GIVEN IN RETURN FOR THE GROUPS' ACCEPTANCE OF TIGHT GOVERNMENT SUPERVISION OVER THEIR INSTITUTIONAL AFFAIRS, INCLUDING CONTROL OVER THE ELECTION OR APPOINTMENT OF THE CHURCH LEADERSHIP, DIRECTION OF CHURCH FINANCES AND THE REGULATION OF INTER-AND-INTRA-DENOMINATIONAL RELATIONS. RECOGNIZED RELIGIOUS GROUPS HAVE BEEN GIVEN A GREATER DEGREE OF FREEDOM IN RECENT YEARS THAN THEY HAVE AT ANY TIME SINCE 1947; PARTICULARLY THE SMALLER RECOGNIZED DENOMINATIONS HAVE MADE GAINS SINCE THE PRE-1947 PERIOD WHEN ROMANIAN ORTHODOXY WAS THE STATE RELIGION. ON THE OTHER HAND, THE ROMANIAN GOVERNMENT HAS BEEN CONSISTENTLY REPRESSIVE IN ITS TREATMENT OF UNREGISTERED DENOMINATIONS SUCH AS NEO-PROTESTANT NAZRENES AND JEHOVAH'S WITNESSES -- AND INDEPENDENT FACTIONS WITHIN THE REGISTERED CHURCHES WHICH RESIST STATE CONTROL OVER CHURCH AFFAIRS AND OPPOSE THE CHURCH LEADERSHIP FOR COOPERATING WITH THE AUTHORITIES. THE EASTERN-RITE CATHOLIC CHURCH, OFFICIALLY DISBANDED IN 1948, IS NOT RECOGNIZED BY THE GOVERNMENT, ALTHOUGH ITS EXISTENCE AND MEMBERSHIP TEND TO BE IGNORED BY THE STATE. STATE FAVORITISM TOWARDS REGISTERED RELIGIOUS GROUPS IN CONTRAST TO THE HARSH TREATMENT OF UNREGISTERED DENOMINATIONS AS WELL AS THE INTERNAL CHURCH DISPUTES OVER THE PROPER COURSE OF CHURCH-STATE RELATIONS -- HAS GENERATED RELIGIOUS DISSENT IN 19 ROMANIA. IN FACT, DISSIDENT ACTIVITY SINCE GOMA'S DEPARTURE MAINLY HAS REVOLVED AROUND TWO GROUPS: ONE, A CHRISTIAN COMMITTEE DEDICATED TO THE PROMOTION OF RELIGIOUS LIBERTY IN ROMANIA; THE OTHER, A LABOR UNION, MANY OF WHOSE ADHERENTS ARE SYMPATHETIC TO THE AIMS OF THE CHRISTIAN COMMITTEE. THE ROMANIAN GOVERNMENT HAS MOVED TO SUPPRESS RELIGIOUS DISSENT BY FOSTERING SPLITS AMONG ACTIVIST BELIEVERS AND BY SUBJECTING THEM TO THE USUAL PATTERN OF HARASSMENT, ARREST, IMPRISONMENT AND FORCED EMIGRATION. |