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Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

Code:
RED24
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
23/12/2011 - 15:03
Short Answer

YES

Qualitative Info

Emergency Government Ordinance No.31/2002 forbidding organizations and symbols having a fascist, racist or xenophobic nature and the promotion of adoration of persons guilty of committing crimes against peace and humanity approved with amendments by Law No.107 of 27 April 2006 adds to the Penal Code other offences of instigation to hatred.

The statute punishes with imprisonment from 3 to 15 years the acts of establishing, adhering or supporting an organization having a fascist, racist or xenophobic nature (Art.3).

It also sanctions with imprisonment from 3 months to 3 years the public dissemination or distribution of tracts, pictures or other material having a fascist, racist or xenophobic nature, as well as producing or possessing with the aim of disseminating this kind of material (Art.4). The person is exempted when the acts are committed in the interest of art, science, research or education (Art.4.(3)).

The statute also punishes  with imprisonment from 3 months to 3 years the use in public of symbols having a fascist, racist or xenophobic nature (Art.5). The person is exempted when the acts are committed in the interest of art, science, research or education (Art.4.(3)).

The same penalty is stated for the promotion of fascist, racist or xenophobic ideology done through propaganda, by any means, committed in public (Art.5). For the denial of the Holocaust or its effects, the penalty is higher - imprisonment from 6 months to 5 years (Art.6).

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Nationalism
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
External Url http://www.dri.gov.ro/documents/oug%2031-2002.pdf
Situation(s)
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