Sie sind auf Seite 1von 28

Making the State Pay:

Mobilizing Public Resources for Victims of Human Rights Violations


By Camelia Doru
Edited by Liam Mahony

A Tactical Notebook Published by


the New Tactics Project
of the Center for Victims of Torture
Published by
The Center for Victims of Torture
New Tactics in Human Rights Project
717 East River Road
Minneapolis, MN 55455 USA
www.cvt.org, www.newtactics.org

Notebook Series Editor


Liam Mahony

2003 Center for Victims of Torture


This publication may be freely reproduced in print and in electronic form as long as
this copyright notice appears on all copies.

Support for the Tactical Notebook Series

The Tactical Notebook series was produced with the support of the following fun-
ders: the United States Institute of Peace, the National Philanthropic Trust, the Or-
ganization for Security and Cooperation in Europe, the United States Department
of State, the Sigrid Rausing Trust (formerly known as the Ruben and Elisabeth
Rausing Trust), the John D. and Catherine T. MacArthur Foundation and a founda-
tion and an individual donor who wish to remain anonymous.

Additionally, the King Baudouin Foundation provided grants to our partner the
ICAR in Romania to support the regional training workshop held there and the
production of tactical notebooks by workshop participants.

Disclaimer
The views expressed in this report do not necessarily reflect those of the New Tactics in Human Rights Project
or its funders. The project does not advocate specific tactics or policies.
Table of Contents
Introduction.......................................................... 7
The Problem and its History ................................ 7
Our Tactic: Mobilizing Public Resources ............. 9
Building the Primary Alliance............................ 11
Mobilizing Resources ......................................... 12
Obtaining Appropriate Premises....................... 15
Keeping Up With Increasing Caseloads, Costs.. 15
Seeking Reparation for Victims......................... 19
Discussion and Analysis...................................... 19
Transplanting the Tactic .................................... 22
Conclusion .......................................................... 24

Acknowledgements
For support during difficult work periods both before and after 1989, I am grateful to my family who backed
me unconditionally all the way long (especially to my brother Octav) and my close friends, to my colleagues
from the hospitals I worked with (Eugen Subtirica, Mihaela Enachescu and many others), as well as to the past
and present teams at ICAR Foundations rehabilitation centers.

I also feel grateful for and indeed proud of the trust that several thousand former political prisoners and their
leadership especially their president senator Ticu Dumitrescu have placed in me and my colleagues.

A very special, warm and deep thought is reserved for the most patient, loyal and loving man in my life, my
husband Erik.

The Center for Victims of Torture


New Tactics in Human Rights Project
717 East River Road
Minneapolis, MN 55455
newtactics@cvt.org
www.newtactics.org
April 2003

Dear Friend,

Welcome to the New Tactics in Human Rights Tactical Notebook Series! In each notebook a human
rights practitioner describes a tactical innovation that was successful in advancing human rights. The
authors are part of the broad and diverse human rights movement, including educators, librarians,
health care workers, law enforcement personnel, and womens rights advocates. They have devel-
oped tactics that not only have contributed to human rights in their home countries. In addition,
they have utilized tactics that when adapted can be applied in other countries and other situations
to address a variety of issues.

Each notebook contains detailed information on how the author and his or her organization
achieved what they did. We want to inspire human rights practitioners to think tactically to reflect
on the tactics they have chosen to implement their larger strategy and to broaden the realm of tac-
tics considered to effectively advance human rights.

In this notebook, we read about the efforts of the ICAR Foundation to mobilize public resources for
a socially marginalized group victims of torture. The Foundation recognized that many citizens
had suffered torture during the communist regime, and created an organization to provide treat-
ment and care to the thousands of torture survivors. While there was international support, the
Foundation knew that provision of this care was actually the responsibility of the state itself. The
notebook outlines ICARs effort to pressure the Romanian government to pay for rehabilitation of
torture survivors even though it was not willing to officially assume responsibility for past abuses. In
effect, ICAR forced the state to begin to fulfill its moral and legal responsibilities as laid out in in-
ternational and national laws. ICARs story provides ideas about how to pressure a state to carry out
its obligations to a socially marginalized group and compel it to take a step toward justice.

The entire Tactical Notebook Series will be available online at www.newtactics.org. Additional
notebooks will continue to be added over time. On our web site you will also find other tools, in-
cluding a searchable database of tactics, a discussion forum for human rights practitioners, and in-
formation about our workshops and symposium. To subscribe to the New Tactics e-newsletter,
please send an e-mail to newtactics@cvt.org.

The New Tactics in Human Rights Project is an international initiative led by a diverse group of or-
ganizations and practitioners from around the world. The project is coordinated by the Center for
Victims of Torture (CVT) and grew out of our experience as a creator of new tactics and a treatment
center that also advocates for the protection of human rights from a unique positionone of heal-
ing and reclaiming civic leadership.

We hope that you will find these notebooks informational and thought provoking.

Sincerely,

Kate Kelsch
New Tactics Project Manager
Camelia Doru, M.D.
Camelia Doru, M.D., graduated from the Faculty of Medicine at the University of Bucharest and is
licensed as a specialist in intensive care and anesthesiology. Camelia performed her clinical fellow-
ship at Regional Hospital Sion (Switzerland). From 1979 to 1991, Camelia was a general practitioner,
an anesthesiology and intensive care specialist in Bucharest and in Sion, Switzerland. She has par-
ticipated in international training seminars on the health professions and medical ethics as they re-
late to human rights.

While serving at the hospital, Camelia experienced the most brutal effects of the communist re-
gimes health policy, which required woman to bear five children. Many women, when faced
with the birth of a child they simply couldnt afford, chose the life-threatening option of an illegal
abortion. The disastrous consequences left an entire generation of women victimized by this crimi-
nal policy. Camelia did her best to help these women, trying to save their lives and diminish their
suffering.

After the overthrow of the communist regime in 1989, Camelia began to work with victims of the
old regime, helping obtain compensation for the survivors and their families and taking part in pro-
tests to stop former perpetrators from infiltrating the new government. She participated in the
marathon demonstration at the University Square, and for more than six weeks assisted the hunger
strikers. She was then targeted by a group of governmental paramilitary supporters clearly angry at
her opposition efforts, and had to flee her home, hide and ultimately leave the country.

After her return, she decided to dedicate her energies to those who had been in the forefront of
the fight against communismthose who had survived torture as political prisoners. In 1992, she
became the founder and medical director of the ICAR Foundation.

ICAR Foundation
The ICAR Foundation is a Romanian NGO, created in 1991 and legally registered in 1992. The first re-
habilitation center opened in Bucharest in 1993, the second in Iasi in 1995 and the third in Craiova in
1998.

ICAR is the first and currently the only institution providing qualified assistance to torture survivors in
Romaniapeople who fought in Romania for a democratic and open society during the political re-
pression of 19451989and in the process experienced torture, violence or other inhuman treat-
ment in the communist prisons. The foundations basic goals are to improve the health of these sur-
vivors, help them become integrated into a normal social life and prevent future acts of torture.
ICARs demonstration of respect for survivors also represents an important step toward healthy po-
litical reconciliation, which the organization considers the least a society can do when its torturers
often go unpunished.
Since the beginning of its activity ICAR has been very active in the field of human rights and has
taken part in allimportant human rights-related demonstrations at the national and international
level.

Contact Information
ICAR Foundation
70, Unirii Bd., Bl. J5, Sect. 3
74200 Bucharest, Romania
Tel/Fax: +40-1-321-22-21, +40-1-327-54-74

Mobilizing Public Resources for Victims of Human Rights Violations ____________5


Editors Preface This was much more than a struggle to pro-
vide services to torture survivors, or a search
In this tactical notebook Camelia Doru, foun- for government funding. The states reluc-
der and director of the ICAR Foundation in tance to support the needs of torture victims
Romania, describes how her organizations belies a much deeper problem of democracy,
tenacious efforts convinced the Romanian and illustrates that the post-communist politi-
state to accept significant steps toward fulfill- cal transition in Romania is still far from com-
ing its treaty obligations to former political plete. Torturers have escaped with impunity,
prisoners tortured under previous regimes. and many now occupy influential positions in
ICAR began this struggle at a time when, de- society. The people they tortured, in contrast,
spite an apparent political transition, torture face a society in which powerful forces would
survivors were still ignored and treated with prefer to forget the past and its victims
disdain by both the state and much of the rather than use its lessons to build a deeper
population. Survivors thus lacked adequate civil commitment to democracy and human
medical and psychological services. rights. ICARs tactic of mobilizing public re-
sources to provide treatment to former politi-
Through nearly a decades work, ICAR suc- cal prisoners is thus part of a larger strategy
ceeded in creating a political climate for the to encourage a nation to take responsibility
state to help fund torture treatment services. for its past in order to strengthen its future.
First local authorities provided physical prem- That ICAR recognizes this long-term strategic
ises for torture treatment centers, then the goal, even while immersed in the daily strug-
state gradually provided access to free medi- gle to find money for urgently needed medi-
cines and partial insurance coverage for the cines, gives its success even greater impor-
specialized care and services required by tor- tance.
ture survivors. It is a long and still unfinished This is a story of a grand tactic involving
effort, but ICARs success to date shows the many years of work, multiple strategic objec-
power of persistence and creativity, and the tives and smaller scale tactics, and numerous
importance of creating a political demand obstacles encountered along the way. It is
that is both believable and trustworthy. essential that we absorb not only the tactical
lessons Ms. Doru has to offer, but also the
Many human rights organizations believe story itself, which should both illustrate the
they can not accept money from the govern- nuances of this complex tactic and inspire us
ment particularly from those that were in- to replicate it.
volved in human rights abuses. ICAR demon-
strates how through advocacy and lobbying Liam Mahony, notebook series editor
they were able to gain public funding for tor-
ture treatment services, and help the gov-
ernment fulfill their treaty obligations, while
assuring that ICARs values, mission and inde-
pendence were strengthened rather than
compromised.

6_____________ Mobilizing Public Resources for Victims of Human Rights Violations


search for resources that would allow us to
Introduction provide services for the thousands of torture
In October 1991 the International Rehabilita- survivors in Romania.Throughout the subse-
tion Council for Torture Victims (IRCT) invited quent decade of work, we have found our in-
me to Budapest to take part in the first inter- ternational colleagues and donors to be crucial.
national symposium in Eastern Europe on The treatment and care of torture survivors,
Doctors, Ethics and Torture. During this sym- however, should not depend on the interna-
posium I met people from all over the world, tional community. We believe that this work is
people engaged in providing medical rehabili- the moral and political responsibility of the
tation to victims of torture under many differ- state itself. What I will describe in this note-
ent circumstances and often in politically ad- book is our long-term strategy to pressure and
verse conditions. This experience, along with persuade Romanian local and central govern-
the support I received from IRCT colleagues, ments to start accepting this responsibility.
encouraged me to create a non-governmental
organization in Romania to address the terrible We opened our first center in 1993 with only
problem of torture. I knew there would be po- three doctors, two supporting staff, and a
litical resistance, but I also saw that I could budget of $20,000 USD. We saw 85 clients, and
count on professional international training, our private and international supporters cov-
management and financial support. ered all expenses. In 1994 and 1995 our at-
tempts to mobilize public resources began to
The ICAR succeed as we convinced local government offi-
Foundation was cials to provide premises for our operations; we
registered in April now estimate the value of this local govern-
1992. Its name ment contribution at over $100,000 USD per
commemorates the year. More recently we also obtained govern-
Greek mythological ment support in prescribing free medicines for
figure Icarus, who our clients a public contribution worth over
needed help after $150,000 USD per year. By 2002, the ICAR
successfully Foundation had grown to three centers with a
escaping from long imprisonment and finding staff of more than 50. We provide services for
that his wings did not survive the heat of the 2,000 clients and receive annual international
sun. Our logo contains the wings as a symbolic contributions of $300,000 USD.
representation of the Icarus. We began to

tives or friends, and were suspicious of every-


The Problem and Its History one. Before 1989, it was forbidden even to talk
The communist regime in Romania between about political prisoners, opponents, or dissi-
1947 and 1989 is characterized by one of its dents.
most terrifying torturers, who stated that It
was a party of assassins, like me: thieves, ban- This political suppression was at its worst from
dits, vagabonds, outlaws.1 1947 to 1964 when communist rule was forcibly
established against the wish of the majority of
This unpopular regime survived by repression Romanians. After 1964 many political prisoners
and intimidation, and through methods that were released and political suppression became
inflicted a deep fear of and mistrust in human- less visible, but it was no less effective, and dis-
kind. People did not trust their children, rela- sidents were treated as common criminals. To
escape the gradual reforms introduced in the
USSR by Nikita Khrushchev and then by Mikhail
Gorbachev, the communist elite in Romania
1
Damascus Road, Confession of a Former Torturer. Doina began to play the sovereignty card against
Jela.
Moscow. While this earned some unjustified

Mobilizing Public Resources for Victims of Human Rights Violations ____________7


praise from the West, what it demonstrated a necessary start in the much needed repara-
was a shift toward the Chinese and North Ko- tion process.
rean models of totalitarianism complete with
increasing abuse of state power and glorifica- During this transition Romanian society became
tion of the leadership. polarized into two groups:. A majority of peo-
ple were cynical, indifferent, or naive support-
With the fall of the Berlin Wall and the dra- ers of the newly installed power, while a much
matic political changes in other countries be- smaller group opposed that power, recognizing
hind the Iron Curtain, the call for change in the old faces behind the new masks.
Romania became irresistible. This led to public
uprisings in December 1989, first in Timisoara The Survivors
and then in Bucharest, and to the subsequent
fall of Nicolae Ceausescu. But while the dictator The former political prisoners ICAR hoped to
was gone, the power structure remained intact. serve were but a small number of the more
The government installed after the revolution than three million Romanian citizens arrested
in December 1989 consisted of a second line of during 43 years of communist repression.2 An
communists, intimately connected with the estimated 300,000 died in captivity.3 All were
previous regime. Their approach was to main- victims of the Securitate, the secret police that
tain confusion about the past and distribute controlled every aspect of Romanian life on
the responsibility for past atrocities on every- behalf of the narrow political elite. Securitates
ones shoulders, implanting in the public mind powers were unlimited. Members worked
the convenient idea of widespread impunity. closely with the judicial system especially with
They wanted to make peace, to forget the past the military courts since all actions were justi-
but also to retain their privileges. fied on the basis of protecting national secu-
rity.
After the revolution in December 1989 the
open political suppression exercised by the Se- These courts handed down harsh sentences for
curitate the former secret political police even the smallest sign of opposition to the sys-
came to an end, but no one was punished for tem. Sentences included long prison terms un-
participating in systematic human rights viola- der inhumane conditions, years of slave labor,
tions under the communist regime. For a time, and loss of property the victims might own.
perpetrators kept a low profile, perhaps fear- Since many victims were young, their education
ing legal action against them. But such fear has was interrupted in most cases never to be re-
proven unfounded: these people still occupy sumed. If they survived, they were effectively
many important positions in the public sector, doomed after their release to live in very hum-
as well as in the new private business sector. ble conditions.
Some even enjoy the immunity earned by
members of parliament. Perpetrators of sys- Having endured long periods in prisons or la-
temic violations of human rights have thus bor camps, survivors were often forced to relo-
blended invisibly into society. They tend to live cate for an extended time to distant corners of
in better social and economic conditions than the country. Survivors and their families were
the majority of their victims. And they still con- constantly harassed by security police, and re-
trol many aspects of Romanian society. quired to report to police stations at frequent
intervals. When seeking employment or hous-
The basic rights promised by the democratic ing they were frequently victims of extortion or
transition were introduced to the public as if blackmail, and their children were denied ac-
they were privileges bestowed by the new cess to higher education and occupational op-
power, rather than rights earned by people portunities. The situation improved after 1989,
themselves. The partial restitution of land or
other property was presented as a gift from
the new power, not a right of the owners, 2
Golden Book of Romanian Resistance Against Commu-
while the minimal compensation to former po- nism. Cicerone Ionitoiu, p 3-5.
litical prisoners was a sign of generosity, not
3
The Red Holocaust. Florin Matrescu, p 79-86.

8_____________ Mobilizing Public Resources for Victims of Human Rights Violations


but the regimes more outspoken critics were fellow citizens bad conscience. Society as a
still subjected to surveillance. whole felt guilty for directly participating in or
cooperating with political oppression, or for
Because few marriages could survive this kind silence in the face of gross human rights viola-
of forced separation and socio-economic seg- tions committed in the name of the people.
regation, the former political prisoners often
ended up living alone. They were outcasts Our clients enemies of the former political
without family contacts or social networks. Any system had of course been systematically
interactions between them or with other citi- blacklisted, and their colleagues forced to pub-
zens were seen as new sabotage attempts, licly criticize them. People had thus been
and were very risky. taught that the political prisoners deserved
their fate. At the same time, however, most
After the 1989 revolution, these victims who also knew that injustices had been committed,
had survived prisons, camps, or deportation and after the revolution did not mind that
hoped to breathe freely in a democratic soci- something as uncontroversial as medical treat-
ety. Instead they were again isolated, marginal- ment was provided for victims in need.
ized, and seen as unpleasant reminders of their

sionalism was crucial in building supportive


Our Tactic: links with the medical establishment and in
Mobilizing Public Resources gaining the trust of our clients.
Our long-term strategic goal was to convince The chart below shows the strategic links be-
the state to take full responsibility for its ac- tween our objectives and the steps we took to
tions by acknowledging and treating former
political prisoners justly and humanely. The
process of mobilizing public resources for this Box 1:
goal was a long one, with small and large suc- Critical relationships and alliances
cesses along the way. As we tell this story, it
will become clear that we needed to pay con- Survivors, first and foremost
stant and careful attention to two closely inter- Local civil society organizations
twined strategic areas:
Members of political parties and elected officials
The building and strengthening of rela- International governmental organizations
tionships and/or alliances outside ICAR International nongovernmental organizations
needed to help us pressure the gov-
Re-emerging leaders of historic parties
ernment to provide resources (see Box
1). Civil servants and officials at city, municipal and
state agencies
The ICAR organization itself: its profes-
sional conduct, its political and eco- Health community in general, and specifically:
nomic survival, and its relationship with The General Medical Council
its clients (see Box 2) The Ministry of Health
The interaction between these areas is crucial. Medical professionals willing to provide services
We could not have built as strong an organiza- to clients
tion had we not succeeded in mobilizing exter- External laboratories and specialty clinics to
nal support. And we would not have gained guarantee the provision of necessary services
this support had we not paid careful attention
to the organization and its clients. The client
constituency, for instance, had political influ- achieve them. As it shows, our practical needs
ence of its own, which helped us achieve our and political goals coincided in this effort, with
goals. And our reputation for medical profes- the attainment of state support becoming a

Mobilizing Public Resources for Victims of Human Rights Violations _____________9


grand tactic that demanded a great deal of obligations, a process that eventually involved
our energy. The following pages describe how us in the proposal of new National Health In-
we constructed the alliances needed to per- surance Legislation.
suade the government to accept some of its

Box 2: Organizational factors


Maintaining an unassailable medical professionalism
Keeping a low profile, given the Romanian political context protecting ourselves from
sabotage, infiltration or harassment
Maintaining an open and transparent organization
Paying attention to internal organizational conflicts caused by secondary trauma

10 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


ICAR - Mobilizing State Resources: Strategy Chart

Goal: Confront impunity and the past; Get the State to fulfill International commitments by
taking moral and legal responsibility for torture victims.
Immediate practical goal: To provide the necessary professional services for survivors

Grand Tactic: Mobilize State resources for treatment of victims of torture, as a matter of
principle, and as a matter of practical necessity.
Prerequisites: a) trust between ICAR and the survivors, b) uncompromising medical profes-
sionalism; c) organizational survival;

Strategic sub-objectives:
y Obtain publicly-owned premises for treatment centers
y Secure the ability to prescribe free medicines for clients
y State support for full rehab and specialized services (future)

Tactics applied to obtain premises:


y Persuaded personal contacts to use their influence
y Mobilized political allies in the government and legisla-
ture
y Used recommendation of high-level political ally (from
client group)
y Nurtured allies in municipal government making them
visit a functioning center in Copenhagen
y Direct negotiation with City Hall
y Persuaded international allies to influence municipal
negotiation
y Applied Architectural creativity

New strategic sub-objective: Change National


Health Insurance Legislation to allow ICAR to
provide for the medical needs of its clients.

Tactics used:
y Gain support through personal contacts
y Gain support through political party and
client group allies

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 11


Building the Primary Alliance:
ICAR and the Survivors In view of the shortcomings of the Romanian
public health system, the ICAR Foundation
One of our first and most important tasks was committed itself to providing appropriate,
to gain the trust of the former prisoners them- qualified and free medical assistance for former
selves. They were disillusioned, isolated and political prisoners. To earn their confidence we
understandably suspicious of everyone. Earning needed to provide torture victims with consis-
this trust not only allowed us to provide medi- tently humane and professional treatment, and
cal support, but gave us, in the former prison- show that we understood the complexity of
ers themselves, an important political ally. their needs, with medical, psychological, and
societal efforts all required to overcome the
Our strategy in working with the survivors was damage inflicted by the past. Any variation in
to contribute to the the quality of this care would
reconciliation process on a have compromised the trust we
rather small scale, working to worked so diligently to earn.
build a solid bridge linking our
professional and social net- In the city of Iasi, in December
works to the former political 1995, at the the opening
prisoners, their families and ceremony of our second medical
their friends. This was our rehabilitation center, we
contribution to the larger goal experienced a special moment
of persuading the nation to demonstrating that trust. Several
take responsibility for its past hundred representatives of the
in order to build a better local branches of the Romanian
future. Our intervention was Association of Former Political
based on the professional Prisoners (AFDPR), from cities
medical knowledge and support we could of- and villages across the country, were gathered
fer. 4 for their annual meeting. For the first time they
had invited outside guests to join them, and we
Based on the experience of rehabilitation cen- were there representing the ICAR Foundation
ters in Western Europe and North America, we and the International Rehabilitation Council for
planned a center that would provide similar Torture Victims. In a very emotional moment
services to torture victims within the indige- one participant expressed his feelings in broken
nous population in Romania. In an attempt to German, his only means of international com-
learn which kinds of services were most needed munication: This is the first international rec-
among our clients, we decided to begin with ognition of the holocaust which the Romanian
part-time health professionals from various population has lived through under more than
professions and specialties. 40 years of communist terror.

It is a sentiment that the president of the


AFDPR, Ticu Dumitrescu, senator 1990-2000,
4
has often echoed in public statements: The
Ideally such a program should reach out to all torture international support for the medical rehabili-
victims among former political prisoners, but in practice we
needed to limit ourselves to the provision of outpatient tation centers of the ICAR Foundation has been
services in one location. It was natural to start in Bucharest, the only visible but all the more welcome -
which had the largest concentration of former political sign of international recognition of the suffer-
prisoners. We decided to first offer services only to primary ings of the hundreds of thousands of victims of
victims of torture, although international experience had
proven the need for services among secondary victims (i.e. the Stalinist regime in Romania between 1947
immediate relatives) as well. The Ministry of the Interior and 1989.
had issued identifying certificates to victims of political
persecution and punishment; this documentation, together
with membership in the Romanian Association of Former
Political Prisoners, made it easier for us to identify persons
eligible for admission to our program.

12 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


and a considerable amount of money.
Mobilizing Resources:
Initial Allies and Barriers We were not alone in our struggle. Our imme-
diate allies were a number of small civil society
Having secured our relationship with the survi- organizations created right after the revolu-
vors, we began the ambitious task of mobiliz- tion, foremost among them Alian a Civic .
ing all of the Romanian national resources that There was also the Association 21 December,
could help us provide services to this target the Group for Social Dialogue, and the Society
group. There was a national debt to be paid to for an Independent Television. Together they
the survivors. We kept a constant pressure on formed a network promoting various democ-
state and municipal authorities, especially ratic developments, including our initiative. We
those in a position to secure clinic sites such also had press support from Rom nia Liber
activities and those responsible for allocating and other independent media, such as Revista
funds for public health services. 22 and Radio Contact.
The problems we faced were both political and We had additional allies in the so-called histori-
practical. On the political side, we needed to cal (pre-communist) political parties, the PNT
circumvent the resistance or even outright (National Peasants Party) and the PNL (National
sabotage of our efforts from former oppres- Liberal Party), which re-emerged after the revo-
sors. We needed bridges of communication to lution. In the first elections after the revolu-
those in power who might choose to help us. tion, in May 1990, these parties gained admin-
And we needed allies. On the practical side, we istrative power in all major cities. Their moral
needed physical premises, professional experts support did not immediately produce visible

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 13


results, but it may to some extent have pro- We also had to protect the initiative against
tected our initiative from direct interference by infiltration by the former Securitate. At one
unsympathetic national powers. We also ob- point we noticed that a new colleague was dis-
tained the backing of the most prestigious cretely checking client files. When we asked
among the re-emerged leaders of the historical him for documentation of his background and
parties, Corneliu Coposu, who gave us his writ- work history, he left and never returned. After
ten recommendation. Once we started opera- this, the security police did not bother us. None
tion at our first center in Bucharest, several of our confidential information has ever been
other leading personalities from these parties revealed publicly, and we have never been tar-
became clients and close friends of the initia- geted for the sorts of scandalous attacks or in-
tive. ternal sabotage that had made Securitate so
notorious. We are of course as vulnerable to
The former political prisoners themselves were infiltration as any organization, and have made
some of our most important allies. Immediately sure to maintain a very clean and transparent
after the revolution 65,000 of the estimated operation.
100,000 survivors of political persecution
formed the AFDPR, and elected Ticu Dumi- Finally, we had to protect our initiative from
trescu as its president. A few months later he political in-fights within the AFDPR. This was
was also elected to the Senate of the Romanian accomplished by insisting on the professional
parliament on the ticket of one of the revived character of the initiative and the need for its
historical parties. complete independence from the AFDPR.

During the months following its creation the On the practical side, we had to be able to pro-
AFDPR obtained concessions from the new vide free medicine and medical care to our cli-
powers, including official papers documenting ents, not just for the direct medical conse-
their detention and political persecution, ex- quences of torture and ill treatment, but for all
emption from payment of income taxes, a few other kinds of medical problems our clients suf-
free railway passages per year, and on paper fered. Considering the relatively advanced age
the right to free medical care and medicine.5 of these survivors, this was a particularly large
The strength of the AFDPR helped break down task. The provision of medical care demands a
some of the political barriers we too were fac- costly investment in initial infrastructure, and
ing. Individually, the survivors were weak social significant daily costs for trained personnel,
players, but in force they exerted a certain po- medicines and much more. We initially ob-
litical influence, and gained discrete support tained international funding for our activities.
from the opposition parties. ICAR benefited But not only did we believe that the state was
from this acceptance and from the protection ethically obligated to fund these activities, we
afforded by our strong relations to the interna- also faced a very practical reality: the relative
tional governmental as well as non- shortage of international funding.
governmental organizations.
Targets for Pressure and Eventual Col-
The fact that we were tolerated at the begin- laboration
ning was also due, however, to the very low
public profile we maintained in the early years In order to achieve our long-term goal, we
a policy that received criticism from some needed to build and maintain collaborative
members of the European Union, who wanted relationships with many people and organiza-
publicity around the activities they supported. tions, starting with responsible political figures
Because we considered the initiatives survival at the city halls. The fact that the historical par-
and the protection of services for our clients ties conquered most city halls in the May 1990
more important than donor satisfaction, we did municipal elections greatly helped our initia-
not change our policy. tive.

Even with this political support it was some-


times difficult, however, to find civil servants in
5
Law 118/1990 the central administration who were suffi-

14 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


ciently motivated to help us and our clients.
Our initial approaches to the National Health
Authorities were unsuccessful, and improved
gradually only over time and with political
changes. The local health authorities were
more accessible, and personal relationships at
all levels proved useful.

We developed good relationships with key per-


sons close to the General Medical Council,6
which helped us attract a number of qualified
health professionals to our clinic as center staff
or external consultants. It must be understood
that those joining this initiative in its early
phase, even in a strictly professional medical "Founder of ICAR welcomed at the
capacity, bore the risk of being considered po- Danish Embassy"
litically suspicious, which could be unhelpful
to career prospects in the public health services.

The key international non-governmental or-


ganization working in support of medical re-
habilitation services for torture victims, the
IRCT in Copenhagen, also helped us maintain
and expand our support network. With their
advice we managed to obtain financial assis-
tance first from the European Union and later
from the United Nations. This also involved the
open support of the Danish Embassy in Roma-
nia, a level of diplomatic support that gave us
some protection against harassment from those
who might prefer to see our efforts frustrated.
IRCT also channeled private donations to the
ICAR Foundation, which eventually allowed us
to turn the premises made available by the
municipalities in Iasi, Bucharest and Craiova
into up-to-date clinical facilities.

6
The General Medical Council is the professional associa-
tion to which all doctors in Romania belong, and which
issues licenses for both private and public practice.

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 15


the municipality of District Four.7 The building
The First Hurdle: Obtaining was in a rather sad state, but required only a
Premises nominal rent and was fairly close to our origi-
nal location.
Bucharest I
We initially turned to Bucharest city hall, at Through private international donations, and
that time controlled by the political opposition. with the help of a local architect, we were able
We were well received by a civil servant whose to complete the most necessary external and
father had been a victim of political repression, internal repairs, and adapt these premises for
and we obtained a list of available, publicly our purpose. We were also able to buy basic
owned premises in Bucharest that might be put medical and office equipment to which we
at our disposal. Unfortunately, they had all were able to add a dental unit, donated by the
been too damaged by the great earthquake in School of Dentistry in Copenhagen. The prem-
1977. We eventually had to rent a centrally lo- ises were approved for use as a clinic by the
cated apartment on the private market a local health authorities. We had still, however,
large expense, but our only option. In the not found the ideal solution, since we had to
meantime we had obtained our first grant maintain certain functions in the original prem-
from the European Union, which allowed us to ises.
make the basic
investment in Iasi
office and Together with the president of the local branch
medical equip- of the AFDPR, we met in 1994 with the mayor
ment, hire the of Iasi, a city in northeastern Romania that has
core clinical and a large number of former political prisoners.
support staff, This mayor was also from the political opposi-
and pay for tion and very sympathetic to the idea of creat-
necessary sup- ing a center for the former political prisoners in
plies, especially his city. After a few months he offered us an
medicine. And empty department store on the ground floor of
so with one a relatively new building in a good location.
years delay mainly due to the lack of a clinic The city hall gave us a contract for 20 years at a
site we were able to start receiving clients in nominal rent and, again thanks to private in-
July 1993. Because the premises were not well ternational donations, our architect was able to
suited to our purposes and soon became too convert this space to an ideal setting for medi-
small, we continued to look for a more appro- cal rehabilitation activities. The center was offi-
priate and less expensive location. cially inaugurated in the late autumn 1995.
We next approached all the district mayors in
Back to Bucharest
Bucharest, working to convince them that ours
was an important service and that such activi- With this very positive experience we again
ties were well established in most Western turned to Bucharest city hall. Corneliu Coposu
European countries. To further encourage sup- died in the fall 1995, but had given his written
port we convinced the mayor of District Four to recommendation to the mayor of Bucharest
visit the IRCT treatment center in Copenhagen. that the initiative receive assistance. We now
After the visit he gave us his support, and in
1995 offered us a somewhat larger apartment
on the ground floor of a building owned by
7
This tactic of encouraging government officials to attend
international meetings and visit progressive international
organizations in order to open them up to ideas of reform
common in other countries is detailed in a separate tactical
notebook: Making Allies: Engaging Officials to Advance
Human Rights, by Boris Pustinsev.

16 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


the IRCT in Copenhagen accompany us in some
of these meetings, as their presence lent a level
of support and pressure to our case. The city
government eventually decided to support our

Evolution of total surface (sq.m)

1200 1092 1092 1092 1092


1000 978
800
623 623
600
400
118
200 100 100
0
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Evolution of total cost of premises


presented this document, and the mayor im-
mediately instructed the city administration to US$
14000

make a new effort to find larger premises for


13324
12000 11417

10000

the center. We were finally offered a larger 8000


7051

space in an unfinished building on the main 6000

4000 1072

Unirii Boulevard. With the generosity of our


1041 1060
1040
2000 504 1001
365
0

international private donors (particularly the 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Parker Family of the Oak Foundation) and the


vision of our able architect we were able to
bring all our activities (except our dental cabi-
net) under the same roof, and took residence effort by making premises available. After re-
in 1999. The city gave us a temporary contract pair and adaptation these became a good set-
at a nominal rent and indicated that this con- ting for clinical activities.
tract would be renewed as needed.
Between these three municipalities more than
Craiova 1000 sq. m. was put at our disposal at a nomi-
nal rent. The market value for such centrally
Finally, in 1998, we were able to establish our placed office space in these cities easily exceeds
third, but smaller center in Craiova, in the $100,000 USD per year, one-third of the annual
southwestern part of the country. This required operating costs of the three centers.
lengthy negotiations with the city hall. We
found it helpful to have representatives from

provide. When we approached the ministry of


Keeping Up With health soon after our official registration in the
Caseload and Costs spring of 1992, however, we received a com-
pletely negative response.
Our continuing challenge was now to provide
free medical care and medicine to a constantly We therefore began to build a network of
increasing number of clients. News of the cen- sympathetic colleagues willing to provide their
ters existence spread rapidly among former professional services at an affordable price. We
political prisoners, and our appointment books also made contracts with external laboratories
were always full. and specialty clinics, including geriatric hospi-
tals, to guarantee our clients free access to such
We had hoped to obtain practical assistance services. As a consequence, the cost of medical
from the public health services, especially diag- services and especially of medicine was rapidly
nostic and therapeutic services we could not increasing with the increase in the number of

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 17


clients, and soon created serious budgetary budget. This lowered our medicine costs per
problems for ICAR. client, but with an ever-increasing client load,
and because we still had to cover the differ-
After the revolution, recognized former politi- ence, medication costs continued to exceed our
cal prisoners became entitled by law to free budget.
medical care from the public health system. But
the capacity of the Romanian health care sys- In 1997 we managed to convince a sympathetic
tem was quite limited and access to care con- city hospital director to help. He obtained per-
tinued to be dependent on the patients ability mission to cover within his budget the cost of
to pay health care providers under the table. medicines prescribed by our physicians, as if
Since our clients had no money for such pay- they were on the hospital staff. This solved the
ments, they simply did not receive the services problem in Bucharest, but not in Iasi or Craiova.
they needed irrespective of the law.
Through these steps, we have largely suc-
ICARs commitment to securing appropriate ceeded in protecting the right to prescribe free
and qualified medical assistance at no cost to medicine to our clients. The value of this public
our clients was thus possible only through contribution to our work from the National
grants from our international donors. The staff Health Insurance exceeds $150,000 USD per
was paid a decent salary to attract qualified year, one-half of the annual operating costs of
professionals, but they were told never to ask the three centers.(graphic no.2)
for or accept supplementary payments from
our clients. Evolution of ICAR and state contributions to the cost of medecine

Although the law also gave former political


prisoners the right to free medicine, they were 160000
140000
150000

in fact not able to obtain it. Private pharmacies 120000 120000

refused to provide medication free of charge,


100000
90339
80000
68614

as they knew that high inflation and delays in 60000


40000 22458
42000

compensation from the ministry of health


12024 15551
32000
20000 11077
9500 14000 19000 13500 14000
0 6500

meant they were unlikely to recover the full 1994 1995 1996 1997 1998 1999 2000 2001

cost. To save face, the health system authorized


a few doctors to prescribe from state pharma- State contribution (USD)
cies a few medications free of charge. Not sur- ICAR contribution (USD)
prisingly, this system was immediately flooded
by clients and blocked.

Given these funding difficulties, and the in- Adjusting to National Health
creasing number of clients to whom free medi- Insurance Legislation
cation was provided, ICAR began to face seri-
To optimize the benefits that could be derived
ous budgetary problems. We intended, how-
from the public system, we needed to con-
ever, to make certain our clients could obtain
stantly adapt to changes in legislation or ad-
the medication to which they were legally enti-
ministrative rules. This sometimes required us
tled. We first invoked another law provision
to significantly reorient our tactic, and even
that allowed patients to choose their physi-
our organizational structure.
cians. The ministry of health initially rejected
our requests to allow ICARs physicians to pre-
scribe free medicines for our patients. But after In 1998, a new National Health Insurance Sys-
persistent efforts they were obliged to make tem was voted into law by the Romanian par-
some concessions. liament, and all previous arrangements had to
be reconsidered. Until now, ICAR had offered
its clients both general and specialized medical
In the first round we obtained permission for
care free of charge. Doctors who worked in
the physicians at the ICAR Foundation to pre-
consultation rooms at the center were paid
scribe partially subsidized medicine within a
monthly salaries, and were always able to pre-
limited per-person and per-prescription

18 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


scribe medicine according to clients needs and were now providing these people with optimal
refer them without charge to external special- medical care, and at no extra cost to the insur-
ists or treatment as needed. Regardless of ance. Fortunately I was able to convince the
changes to the national health care system, we insurance system of the logic of this argument.
needed to continue to provide our clients with
the same level of complete and free medical Pressing for New Legislation
care.
Because these solutions were not going to be
As a result of the new law, family doctors be- satisfactory in the long run, we began to push
came the cornerstone through which insurance for an amendment to the law allowing the
coverage was implemented for all medical care. ICAR centers to act as medical institutions pro-
In order to continue to provide free medicine, viding medical care through staff physicians.
we thus had to organize two distinct group ICAR clients would then be allowed to choose
practices within ICAR: one for the general prac- the Foundation as their provider of both gen-
titioners with whom our clients had to register, eral and specialized medical care within the
and another in fact a professional association National Health Insurance system.
for the specialists who before 1998 had
worked for us individually as staff members. Together with the AFDPR, we began lobbying
for amendments to the existing health insur-
Clients now became registered to individual ance legislation that would give foundations
doctors in their private capacity, a potential such as ours the right to provide family medical
threat to the centers cohesion. This problem services to clients. We had access through per-
was temporarily solved by contractual agree- sonal contacts to the Public Health Department
ments obliging ICARs family physicians to re- of Bucharest, to the ministry of health, and
lease their clients and turn them over to their through them to the parliament's commission
successors if they left the foundation. on health. Although we were not directly in-
volved in drafting the law, it was through these
An additional problem arose when the local pressures that the relevant amendments to the
branch of the National Health Insurance System existing health insurance legislation were for-
noticed that our physicians were prescribing mally introduced in parliament in 2000 by the
more costly medications, and more of them per secretary of state for health. This led to adop-
patient, than the average family physician. tion of the proposed changes by the outgoing
They tried to put a monthly ceiling on the parliament. The incoming government, a re-
amount of medicine each of our physicians was turn to power of the former communist politi-
allowed to prescribe. I had to explain that this cians, delayed publication of the implementa-
apparent over-prescribing was a simple conse- tion rules for a year, but did not try to annul
quence of the very special composition of the amendments.
ICARs clientele, patients with a high mean age
and poor health. If ICARs 1,000 clients in Bu- Today, ICAR centers are registered as health
charest were distributed among 50 family phy- care institutions that can provide general and
sicians they would need the same medicine at specialized care for patients choosing these
the same cost, but they would constitute only a centers for their primary medical care and the
small percentage of these physicians patients. centers have the right to prescribe free medi-
The insurance would not notice any excessive cine. Despite this gain, the detailed rules are
prescription of medicine by these physicians, written in such a way that it is not easy for us
and would simply pay the bills. ICAR centers to comply with their practical application.

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 19


amount of experience. Twenty years, however,
Seeking Reparation for is apparently not long enough to change the
Victims of Human Rights dominant attitudes of the broader medical pro-
fession, often still unaware of the complex
Violations needs of these special clients. The multidiscipli-
According to the UN Convention against tor- nary team working in a rehabilitation center
ture, which has been ratified by Romania, the tries to meet as many of the survivors needs as
state parties have an obligation to provide vic- possible, something that cannot be done in an
tims of torture not only with compensation, ordinary medical unit. We are aware that this
but also with as full rehabilitation as possible. very complex combination of services is not
Given that our clients are victims of deliberate likely to be supported completely by the public
state human rights violations, we hope to con- health system, but we want to obtain from the
vince the Romanian state that it should even- state the maximum support guaranteed by law,
tually take over the full cost of specialized care and work to amend the law when necessary.
for these victims all over the country.
The non-medical aspects of reparation to vic-
The torture survivor is a complex patient who tims of human rights violations like legal re-
needs comprehensive treatment for the physi- dress, restitution and compensation, as well as
cal, psychological and social consequences of moral reparation should also become part of
torture, and requires spiritual, legal and finan- Romanian judicial and political tradition. Fi-
cial assistance as well. The treatment of torture nally, there is an obligation for Romania to ef-
is a new chapter in medical education. In the 20 fectively pursue in court all perpetrators of
years since the first torture treatment center gross human rights violations. Pursuing these
was opened in Denmark, rehabilitation centers problems will be a natural extension of the
around the world have accumulated a vast strategies and tactics we have used thus far.

Discussion and Analysis ICARs ability to operate in complete


openness in spite of the lack of real
Factors Working in Our Favor public sympathy for its target group.
Our success was affected by the character of ICARs ability, after some initial set-
the prisoners as a group and by specific quali- backs, to establish and maintain direct
ties of ICAR as well: contact with relevant levels of govern-
ment and agencies as well as with pro-
fessional groups and individuals.
The immediate creation of a national
association of former political prisoners, ICARs international support from
the AFDPR. Their elected spokesmen Denmark, the European Union and the
were able to act effectively on their United Nations, as well as from the
behalf using the window of opportu- United Kingdom and later the United
nity created by the relatively fluid po- States. We are particularly grateful for
litical situation in the winter of 1989- the very generous grants from the
90. Parker family in Switzerland, and in
gratitude for their constant support
AFDPRs unconditional backing of our
named our center in Bucharest CASA
efforts provided both inspiration and
PARKER.
support with some behind-the-scenes
pressure at the political level. And indi- Skills and abilities of the ICAR staff, and
vidual sympathizers within the system their connections to the health system.
were helpful in a number of situations. Our medical staff was allowed to pro-
vide, free of charge, the diagnostic ex-
aminations and medical treatment they

20 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


felt were appropriate. This helped our political prisoners. Nor were they able
clients trust our commitment to provide to move ahead with any trials of the
them with optimal care, which in turn former torturers of our clients.)
restored some of the confidence in
people that they had lost during their Factors Complicating Our Efforts
years of political persecution.
Romanian society after 1989 was only a super-
There were broader contextual factors ficially reformed communist society. After 50
working in our favor as well: years of passive and responsibility-avoiding be-
There was a general political wish, even havior, there was considerable resistance to
among former communists, to help fa- change, and the Romanian population did not
cilitate Romanias integration into welcome independent initiatives or actions.
Western Europe by meeting European The majority of people retained paternalist at-
standards, including those related to titudes, and distrust was rampant, not only
human rights. During meetings with among the former prisoners, but in society as a
Romanian officials we constantly used whole. The relationship between the govern-
examples of how, in other democratic ment and civil society was particularly polar-
countries, rehabilitation centers func- ized. Former prisoners received no sympathy
tion in relation to the national health from either the general population or the po-
system and other local and national au- litical hierarchy.
thorities.
Romanian legislation is multifaceted, Impunity
and open for interpretation. Its imple-
Romanian society has shown little interest in
mentation tends not to be coordinated
bringing former perpetrators to justice or pro-
between sectors or administrative lev-
viding reparations to victims, and extreme de-
els. This lack of coherence was some-
lays in the judiciary system have frustrated
times to our advantage, as something
anyone trying to achieve justice for past crimes.
not acceptable to one institution might
Ten years after the massacre in Timioara, for
be acceptable to another. Though there
instance, the two generals responsible for giv-
was no great political commitment to
ing the order to use live ammunition on an un-
reparation for the sufferings of former
armed civilian demonstration were finally sen-
political prisoners, there was also reluc-
tenced to prison terms. Right after their sen-
tance to openly criticize what we were
tencing, however, they were somehow able
doing as long as we kept a low pro-
or enabled to leave the country unpunished.
file.
The law concerning the rights of former Senator Ticu Dumitrescu, the president of the
political prisoners ( Law 118/1990) gave AFDPR, fought a ten-year battle in the parlia-
us legal grounds for our effort. ment to open the extensive personal files of
Although the Securitate people were the former Securitate. But the majority of par-
still very much in control behind the liament members used every trick and every
scenes, they kept a low profile and did excuse for delay to frustrate his initiative,
not try to sabotage our activities. which finally ended in a much-diluted version
In 1996, the presidential election re- allowing candidates who stand for election to
sulted in the first non-communist presi- parliament to be screened for possible connec-
dent, Emil Constantinescu, and there tions with the Securitate. In the end, not sur-
was a change of government. This gave prisingly, many Securitate files were missing.
us an opportunity to have more access, Because the committee charged with examin-
and to raise our profile. The former po- ing the files had to fight with the authorities
litical prisoners were publicly recog- holding them for every scrap of paper, it was
nized as deserving of public gratitude unable to produce a report until after the elec-
and assistance for their fight against tions.
repression. (Even so, the center/right
governments during this presidency In November 2000, the former communists re-
were unable to make any serious effort gained the presidency as well as a working ma-
to improve the situation of the former jority in parliament. Fortunately they have

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 21


changed their style somewhat, in part due to Unity and Momentum
their desire to secure entry into North Atlantic
Treaty Organization (NATO) and the Euroepan ICAR management kept staff updated at regu-
Union. lar meetings, and involved everyone in finding
solutions to problems. Even when we were
The struggle against impunity is a new element temporarily unable to offer staff their full sala-
of our work, one we undertake as part of a ries, almost everyone was willing to accept a
comprehensive response to the needs of our temporary pay cut.
clients. A full psychosocial rehabilitation cannot
be separated from the question of justice. This In working with torture survivors it is not un-
work requires us to carefully prepare our strat- common for some of the burden of the trau-
egy and tactics, to understand the ways in matic experiences to be transferred from the
which the system resists any pressure for re- victim to the care provider, sometimes leading
form, and to invest time, money and determi- to provider burnout. This in turn may lead to
nation in our efforts to break the system.8 conflicts among the staff members over appar-
ently unrelated issues, or to a splitting of the
We are currently preparing a project with an staff into warring factions. ICAR Foundation
experienced organization in this field, Redress has experienced these situations, but they were
Trust, based in London. This shared project recognized and dealt with efficiently and did
seeks to contribute to the development of hu- not lead to the breakdown of the initiative.
man rights standards and the rule of law in
Romania through enforcement of appropriate We knew we had to seek out different kinds of
reparation to victims of torture including solutions for the work to survive, and this de-
cruel, inhuman or degrading treatment and manded a great deal of adaptability from the
punishment and by ensuring that perpetra- staff. The arrangements that helped us secure
tors of such human rights violations are free medicines, for instance, were sometimes
brought to justice. quite complicated. Sometimes the heavy bur-
den of medication costs led to discussions
Organizational Factors about whether a client should receive a par-
ticularly expensive or long-term therapy. In al-
Overcoming Our Own Fears most every case we decided to go ahead and
Each of us involved in this initiative was aware offer the best available treatment, irrespective
that the activity represented a challenge to the of the cost.
new powers, and might damage our profes-
sional careers. But most of us also had a per- Challenging and Sanctioning Officials
sonal motivation to help our clients, having
Our financial manager was not afraid to chal-
seen some form of political repression among
lenge government officials. In one situation the
our families or friends. Each of us, then, de-
ministry of finance refused to refund the VAT,
cided to take the risk of joining the staff, and
which we were not supposed to pay as a hu-
no one left because of pressure to do so. We
manitarian organization. ICAR had fulfilled all
developed strong relationships with our clients,
the legal conditions and still the payment had
and each of us has felt that helping these vic-
been delayed for more than a year. After we
tims was the most emotionally fulfilling profes-
threatened to take the ministry to courts, we
sional activity we could engage in.
finally received payment. In another case, a lo-
cal administration was charging the ICAR
Foundation unjustified taxes, and we took
them to court. This created some respect for
the foundation, and such actions did not have
to be repeated.
8
In fact in March, 2003 ICAR Foundation opened a trial
against the Romanian state asking them to recognise the
existence of the Communist Holocaust in Romania and to Results/Outcomes
present public excuses to the victims and their families .It is
also asked to be recognised that the Securitate was a We ultimately succeeded in mobilizing substan-
political secret service and had a terrorist character. tial contributions from public resources, which

22 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


has allowed us to provide continued quality European Union and the United Nations Volun-
medical care and rehabilitation to a substantial tary Fund for Victims of Torture. But the com-
number of former political prisoners in three bined estimated value of the premises that
Romanian cities. The centers have also provided Romanian city authorities have put at our dis-
social rehabilitation to their clients by showing posal and the contribution from the Romanian
them the respect they deserve and overcoming National Health Insurance System to cover
their isolation. As one client expressed it during medication costs now total $250,000 USD per
a visit of European Union evaluators to the year 45 percent of the total estimated cost of
center in Iasi, I often come here even when I operating the three centers in Bucharest, Iasi
am not in immediate need of medical services and Craiova.
just because this is the only place in this city
where I feel genuinely welcome. Looking back at ten years of activity, we can
fairly claim that our success was far beyond our
In financial terms the activity still depends expectation.
heavily on international donors especially the

viduals whose families had personal experience


Transplanting the Tactic with the problem.
It is our hope that this experience will be in-
structive for any group trying to convince the In other situations both avenues might be pos-
state to take responsibility for providing a le- sible: a campaign could create public sympathy
gally mandated service to a specific group of and broad-based political support while also
people. Although our experience is in the con- mobilizing individual allies inside the system
text of medical services there may be many through informal channels and direct personal
other areas where such pressure on and col- contact.
laboration with the state could have positive
results such as legal services or education. Our experiences reinforced time and again that
for the success of this tactic we had to a) take
Most specialized services for disadvantaged advantage of every conceivable opportunity for
groups have probably needed this kind of tacti- external support and governmental influence,
cal approach. The pioneers of such services and b) pay close attention to our internal or-
have had first to mobilize public sympathy for a ganizational situation and relationship with
group not previously recognized as being in clients. We had to continually research, evalu-
need of special attention, a group often the ate, adjust and adapt, depending on how situa-
object of public rejection and even insultsuch tions were supporting or hindering our pro-
as leprosy patients, the mentally handicapped, gress in mobilizing public resources for Roma-
the mentally ill and most recently patients with nias survivors of torture.
HIV/AIDS. Once public sympathy has been cre-
ated, these groups benefit from public health When transplanting this tactic into new con-
programs and socio-medical care financed texts, it is essential to pay close attention to
mainly by public funds. these areas on an ongoing basis. Take time to
research public resources that may already be
In the case of former political prisoners in a ba- available or could be expanded, and to develop
sically unreformed society, an appeal for public new resources. Evaluate the supports already in
sympathy was not really possible. Too many place and available. This will provide a good
individuals in the public system had direct or starting point from which to build relationships
indirect responsibility for the sufferings of and alliances, and will also show you what sys-
these prisoners and wanted to forget the past. tems, agencies and legal or legislative supports
Even those who had simply witnessed this hu- you may need to gain access to in order to
man rights disaster found it easier to assume move forward. Adjust and adapt each area to
that these people had somehow brought their keep pace with the new relationships, alliances
suffering onto themselves, or that their stories and support you create in the process of build-
were exaggerated. We thus had to rely on indi-

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 23


ing and strengthening the public resources for national support to sustain your efforts
your issue or constituency. while you try to persuade the state to
fulfill its responsibilities? Where would
We cannot emphasize enough the importance you need to begin building the finan-
of keeping a watchful eye on your own organ- cial and human support systems for the
izational conduct in all arenas. As organizations work you plan?
can all too easily take on the symptoms and What will be the states response to
conflicts of the people they serve. Particularly your demands? Will there be inertia, in-
when they are working with vulnerable and competence, or outright resistance?
victimized populations, it is especially impor- Can you analyze the nuances behind
tant to keep the pulse of the dynamics within these responses in order to overcome
the organization itself. These dynamics can each one?
greatly hinder progress if not attended to with
care. In addition, the mobilization of public Do you have allies inside the state sys-
resources is in part a question of political credi- tem, in the ministries or administrative
bility and reputation and your organizations units that are responsible for the ser-
political reputation will greatly benefit from vices you hope to mobilize? Do you
maintaining an impeccable professional repu- have avenues and contacts for improv-
tation. ing and expanding such alliances?
Do you have allies within the political
The following questions can help you reflect on system? If you need to put pressure on
your potential use of this tactic. a given administrative unit, can you do
so?
Key questions to consider before trying to im- Will your effort require a legislative
plement this kind of campaign strategy? Will changes in law make it
more feasible to obtain state support
Are members of your target group for services? Do you have the contacts
automatically or legally eligible for the and allies to develop and promote the
public (health) services you are seeking necessary legislation?
to provide for them?
Do the available public (health) services If you think the answers to these questions are
meet the standard of quality your tar- sufficiently positive, and you intend to imple-
get group requires, or do you need to ment such a tactic, consider how it would fit
establish your own service organization into your overall strategy. You may want to
to guarantee this quality? If they are consider some of the steps taken to implement
adequate, your task is to have your tar- this tactic:
get group accepted and treated by the
national system. If services are unac- Build trust and solidarity with the tar-
ceptable or non-existent, as was the get group. Based on your own skills and
case for torture survivors in Romania, expertise and the target groups needs,
the task might involve establishing a set goals regarding the services you in-
new institution to fill the gap, then tend to provide.
convincing the state to support this in- Start working for the priority needs of
stitutions work. your clients even on a volunteer basis if
What are the financial and human de- necessary.
mands you will face? Can the target Begin looking for allies within the ad-
group pay for such services, or will you ministration and the political bodies of
need to find funding? Will you be able the state.
to do this? Can you provide adequate
Study the legal opportunities and
services? Can you promise consistency
speculate on any lack of coherence or
and dedication in order to earn the
specificity within the law. Identify in-
trust and loyalty of the target group?
ternational human rights and humani-
Can you find enough private and inter-
tarian law that supports your claim.

24 ___________ Mobilizing Public Resources for Victims of Human Rights Violations


Find the legal framework that will al- Never forget that your target group it-
low you to bring together the different self will have its own political power
rights of the group under a coherent and connections. It may be useful to
formula that allows you to satisfy the think of analogous groups that may al-
needs you have identified. Find some ready receive the kind of attention you
smart lawyers sympathetic to your want to secure for your target group.
cause. Using existing legislation or leg- If your strategy involves a public cam-
islation under preparation makes it eas- paign to gain sympathy and support for
ier for sympathetic administrators at your clients, you will want to ally your-
various levels to provide for the special self with sympathetic journalists. Even
needs of a specific target group than if in a low-profile struggle such as ICARs,
they have to push through specific leg- media allies can be important when
islation for one group. you need certain kinds of pressure, or
Study the political system to identify when you need to protect yourself
the most effective place to focus your against attempts to delegitimize your
attention, pressure or search for allies. efforts.

changes made it impossible for us to make


Conclusion plans at all. I was, in fact, a little afraid of what
Fortunately, in all societies at all times there we were doing at times because the lack of an
are courageous, desperate or even crazy explicit legal framework required us to use so
people who are willing to speak out. There is many imaginative interpretations to reach our
no completely silent civil society. But there is goals. I believe that our tactic succeeded be-
also no recipe for how to make people break cause of the lack of precedent, our element of
the silence or decide to act. You should not surprise and the transparency of our organiza-
give up on a tactic before exhausting all possi- tion in our determined but always correct rela-
ble ways to adapt and implement it. We, for tions with the public authorities.
instance, realized that we needed to directly
approach the responsible agencies and use the If I had to do everything over there is not much
best possible legal arguments. We had to beat I would change. I dont think we missed any
them with their own methods. opportunity to mobilize private or public re-
sources in order to help the former political
It was extremely draining to have to invent prisoners, though it took both time and pa-
new solutions to constantly changing situations tience to transform our expectations into real-
and then to convince an unenthusiastic public ity.
system to support the implementation of such
solutions. Sometimes the speed of the political

Mobilizing Public Resources for Victims of Human Rights Violations ___________ 25


Notes
For a full list of publications available in the Tactical Notebook Series,
go to www.newtactics.org.
Online you will also find a searchable database of tactics and
forums for discussion with other human rights practitioners.

The Center for Victims of Torture


New Tactics in Human Rights Project
717 East River Road
Minneapolis, MN 55455
cvt@cvt.org

For a full list of publications available in the Tactical Notebook Series,

Das könnte Ihnen auch gefallen