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(7) It is important to mention that the request for the organization of the Iasi Pride March had been for 100 participants in accordance with the national legal provisions regarding the fight against the COVID-19 pandemic. However, that on September 30, one day before the Iaşi PRIDE March, the Youth March of the Romanian Orthodox Youth Association was approved, as well as The Color Run Romania, on October 2, which gathered hundreds of participants.
(6) Considering that this Commission rejected RISE OUT's request to organize the public assembly Ride for Pride, without a prior discussion with the organizer of the event, on September 10, 2021, the organization sent a return to Iasi City Hall, supported by the Association I ACCEPT. Through it, the organization of a new commission was requested. Iaşi City Hall did not offer any answer to this request, so RISE OUT sent a new notification on September 20, 2021, for the organization of the Iaşi Pride March on October 1, 2021. After RISE OUT together with the Approval Commission reached an agreement on the route and the way of organizing the Iasi Pride March on September 23, 2021, after 6 days the Disposition regarding the approval of the Rise OUT request regarding the public assembly was sent, but Mayor Mihai Chirica signed «Refusal. Changing the incidence level of Iasi Municipality, as opposed to 500 people ».
(5) . The discriminatory speech against the LGBTIQ+ community that Mihai Chirica manifested in the public space led to the interruption of the public assembly, as a result of aggressive counter-manifestations.
On August 31, 2021, RISE OUT Association, a LGBTIQ+ non-governmental organization from Iasi, sent the first notification to Iaşi City Hall, in order to organize the Ride for Pride event for September 30, an event in which members of the LGBTIQ + community and its supporters wanted to bike rides. On September 08, 2021, the Commission for approving the requests for organizing public meetings in Iaşi Municipality rejected the request of the LGBTIQ + organization, on the grounds that between September 11 and October 1, 2021, several events are taking place on the route indicated by the organizers.
(4) This argument came in the context in which the pilgrimage from Nicula Monastery received approval from the City Hall, a public assembly that finally gathered over 10,000 people who moved from a point A to a point B, like the march desired by the LGBTIQ + community in Cluj. Following the advocacy activities by PRIDE Romania and the ACCEPT Association, the City Hall of Cluj Napoca authorized the Cluj Pride March. However, PRIDE Romania received a contravention fine in the amount of 2000 lei because approximately 1000 people attended the organized public meeting, while the pilgrims from Nicula Monastery were able to exercise their right to freedom of association without any restriction with 10.000 participants. There were also major difficulties on the occasion of the organization of the first Iasi Pride march. Based on the prejudice against LGBTIQ+ people, the Mayor of Iasi refused to exercise his duties in office and to authorize Iasi Pride March, according to the legal provisions.
(3) Atthe same time, the counter-demonstration organized by the New Right did not receive a fine, although the participants did not respect social distance and did not wear protective mask according to the national legislation, but also despite the fact that they carried offensive placards against LGBTIQ+ people or against their allies, inciting to hatred and discrimination. The conflict with the national authorities for organizing the Bucharest Pride March was not an isolated one. PRIDE Romania, a non-governmental organization that defends the rights of LGBTIQ + people in Cluj-Napoca encountered the same difficulties in organizating the Cluj Pride March. Initially, the City Hall of Cluj-Napoca did not want to authorize the public meeting organized by PRIDE Romania under the pretext that the Government Decision 826 / 05.08.2021 prohibit the marches, being allowed only the static public meetings.
(2) Moreover, in the context of these public assemblies, national authorities either allow counter-manifestations of far-right groups or ultra-conservative anti-gender groups without applying the same strict conditions as for LGBTIQ+ organizations. the legal framework adopting restrictions in the context of the COVID-19 pandemic had a negative impact on the organization of LGBTI pride marches amounting to violations of freedom of expression and freedom of association and peaceful assembly. The Romanian Gendarmerie punished ACCEPT with an administrative fine of approximately EUR 1,500 (RON 7,000) for having more than 500 persons attending the march. At this moment, there are two related lawsuits pending before the courts, one regarding the unconstitutionality of Law no.55/2020 and annulment of the Government Decision no.826/05.08.2021 before the Bucharest Court of Appel and the other one for the effective contestation of the fine at the District 3 Court.
(1) The LGBTI community is facing serious barriers to ensuring its freedom of assembly, an essential element of ensuring that a potential OECD member is committed to its civic space and ensure its protection and sustainability. In 2021, for the organization of the Bucharest Pride March, the freedom of association and assembly could be exercised only after numerous conflicts with the local authorities. This situation is not a singular one, the LGBTIQ+ non-governmental organizations from Cluj and Iasi have encountered numerous oppositions in order to organize their events in the public space and their public assemblies. The bias of the authorities is hidden under pretexts related either to the national legislation in order to combat the COVID-19 pandemic, or to the lacunar legislation regarding the public assemblies (Law no.60/1991 regarding the organization of public meetings).
» Asigurarea de fonduri (de la bugetul statului) parțiale pentru implementarea proiectelor de educație comunitară sau de rezolvare a problemelor comunității pe care instituțiile publice și societatea le așteaptă de la ONG-uri (aceste componente sunt costisitoare, dacă sunt realizate adecvat)
» Asigurarea posibilității mai largi, pentru ONG (de către instituțiile publice), de a accesa Granturi (nu doar prin depunerea de proiecte pe fonduri structurale).
» Organizarea, la nivelul Parlamentului și Guvernului, de întâlniri periodice (la 3 luni) pentru a:
1. identifica: problemele/soluțiile de la nivelul societății (înregistrate de ONG-uri), pentru a realiza programe de ”bune-practici” care să fie implementate de instituții publice
2. a aduce propuneri (dacă este cazul și se dovedește necesar) pe legislația privind: adunări publice, acces la informații de interes public (aplicată doar formal, fără a oferi răspunsurile reale la solicitări), transparență decizională, organizarea asociațiilor și fundațiilor (aplicată doar formal, fără a oferi răspunsurile reale la solicitări).
One of the hardest struggles for CSOs are administrative in nature as requirements for these organizations are modified quite often and then poorly communicated. The time commitment to keep CSOs' documents and administrative and fiscal practices updated and in good order is costly for small organizations. Civic groups are quite active in Romania but many fail to grow into sustainable organizations especially due to the high administrative costs.