political rights – UAB Institute for Human Rights Blog

The Romanian November presidential elections have prompted many questions about democracy and election integrity within the nation. After the elections were conducted, it was reported that independent and wildcard candidate Calin Georgescu garnered 22.94% of votes and won by plurality; however, this outcome has since been annulled and the second round of voting has been canceled. Romanian courts and intelligence have cited alleged Russian interference, questionable campaign finance practices, and inappropriate use of the social-media app TikTok as reasons for rejection. While the elections have been rescheduled, many Romanian citizens remain concerned about their country’s ability to conduct free and fair elections going forward, thus leading to apprehension regarding Romanian democracy. Similarly, the suspected Russian involvement in the election warrants further examination.

Romanian voters cast their ballot during the 2024 elections. They are in a classroom set up to turn in ballots. — Image 1: Romanian citizens cast their ballots. Source: Yahoo Images

Presidential Elections

The Romanian presidential elections were held on November 24, 2024. While many well-established candidates ran for this position, the winner, having achieved 22.94% of the votes, was Calin Georgescu, an independent candidate. Prior to the election, polls estimated a 5th-place finish for Georgescu, resulting in greater shock at his victory. Similarly, his policies are at odds with many of the other candidates, as he vowed to distance the country from global organizations such as the European Union and the North Atlantic Treaty Organization. Georgescu gained much of his notoriety from TikTok, where he gained popularity by attracting young voters, targeting voters’ frustrations, and spreading misinformation. He also encouraged his supporters to share his content and allegedly paid users to promote his campaign without disclosing the partnership. Since Georgescu gained a plurality, he was moved into the second round of voting, competing against second-place and popular candidate Elena Lasconi.

On December 2nd, the Romanian courts requested that the votes be recounted; however, the reason for this was not made public. Even though a recount was underway, the courts insisted that second-round voting would continue and that no evidence suggested that Georgescu’s victory was invalid. Many citizens question the conduct used to carry out the recount, as no guidelines were publicly declared regarding how this analysis would occur.

Calin Georgescu is surrounded by reporters and microphones, being interviewed following his first place win in the recent elections — Image 2: Calin Georgescu is interviewed following his first-place victory. Source: Yahoo Images

Annulled Results

On December 6th, two days before the runoff election, the initial results were annulled and the second round of voting was canceled after Romanian intelligence declared that the election was undermined. Interference was found through cyber activities, most notably through TikTok, where authorities allege that the social media app gave Georgescu “preferential treatment.” Furthermore, officials suggest that fake, Russian-made accounts bolstered Georgescu’s page into popularity as it led to increased engagement and content circulation. With Romanian courts arguing that citizens have an inherent right to access accurate information about candidates, this rampant sharing of misinformation, allegedly encouraged by foreign influences, meant that this right was undermined, and thus warranted the results be annulled. Other sources of online Russian collusion were cited as reasons to cancel the election and reject its results. However, evidence and further explanation have not been revealed to the public. While Russia has ultimately rejected these claims, it has since led the European Union to enact stricter social media campaign regulations.

Campaign finance issues were also uncovered, with authorities finding that candidates reported receiving and spending zero dollars throughout the course of the campaign trail. Officials imply the use of third-party financing, where money is sent through various accounts so that its origin remains unknown. This goes against standards set out by domestic Romanian law and the European Union, where campaign funding sources are expected to be disclosed. With these standards in place, Romanian courts argue that annulling the election results further signals its desire to uphold democratic principles along with domestic and regional legislation.

New elections will be held on May 4th and 18th. Regardless, many citizens continue to protest for free and fair elections, as the annulment has led many citizens to question the nation’s electoral capabilities. In the meantime, President Klaus Iohannis will remain in power. As of now, it is unclear if Georgescu will be allowed to partake.

Countless protestors rally outside government building, carrying Romanian flags — Image 3: Romanian citizens protest for free and fair elections. Source: Yahoo Images

Geopolitical Incentives

While there isn’t enough evidence to prove that Russian sources interfered in the Romanian elections, there are reasons to explain why Russia might have an interest in influencing the outcome. For starters, under a parliamentary system, the president plays a significant role in foreign policy, as they ratify international treaties, initiate or disband diplomatic missions, and communicate with foreign leaders. If Russia were to want to create warmer relations with Romania, influencing who becomes president would play an important role in achieving this goal. Another objective could be to distance the country from Western institutions, such as the European Union and the North Atlantic Trade Organization. By promoting Georgescu, a candidate who openly blames such organizations for the country’s problems, Russia can undermine trust in these institutions, ones that shame Moscow for its imperialist and authoritarian actions. Furthermore, Romania is home to critical NATO infrastructure, such as the largest NATO military base in Europe. This base strengthens NATO’s position on the Black Sea, an area where Russia poses military dominance.

These reasons also tie into the Russia-Ukraine War. Throughout the course of this conflict, Romania has made great military contributions to support Ukraine. To achieve a victory in its imperialist conquest of Ukraine, Russia might find it beneficial to undermine Romania’s support for its neighboring country.

Impacts on Democracy

The recent election annulment could have a great impact on the state of democracy in Romania. Though much consolidation has occurred since its commitment to democracy in 1991, the nation is still working on strengthening its democratic institutions. Because of this, the choices made by the Romanian government going forward could have long-lasting ramifications, such as weakening trust in such institutions. The Romanian courts argue that its decision was meant to align the nation further with the EU and to restore trust in its electoral process, but this has clearly not been the case. However, democracy could be further consolidated if this issue begins to be handled with transparency. By showcasing to Romanian citizens that Russian or other foreign involvement was found and terminated, it can indicate that the government had the ability to identify and remove election collusion. Furthermore, releasing intelligent reports and investigations provides necessary transparency during a political crisis that can reinforce trust in democracy and the government. Lastly, directing more resources to civil society groups can lead to the creation of safeguards against further interference. While it seems that Romania is on the cusp of democratic backsliding, by moving forward with transparency, the government can demonstrate its self-declared commitment to democracy.

Conclusion

The recent annulment of the Romanian election results has triggered many questions regarding electoral integrity within the country. Campaign finance inconsistencies, the sharing of misinformation, and alleged Russian involvement, through both TikTok and other undisclosed sources are at the root of this political crisis. While this prompts many questions regarding the validity of other elections and overall national security, by moving forward with transparency, the government can further strengthen its democratic institutions and regain its citizens’ trust. If not, the nation could risk democratic backsliding, which is being seen in various European countries. Similarly, given its proximity to Ukraine, Romania is at risk of being caught in the crossfire if this alleged Russian collusion is found to be accurate and nothing is done to prevent it. Overall, to ensure Romania remains committed to democracy, international attention is warranted.

In a move that enraged the international community, the Indian government arrested a Kashmiri human rights activist, Khurram Parvez, under the Unlawful Activities Prevention Act (UAPA) in late November 2021. Parvez, a native of the disputed Jammu Kashmir region that borders India and Pakistan, worked extensively on covering suspicious disappearances and investigating the stories behind unmarked graves in Kashmir. His family reports that authorities ransacked his belongings and confiscated all electronics while threatening their lives, an example of India’s growing role in squeezing the soul out of human rights advocacy using the UAPA.

#Human rights banner from a protest — “Human Rights for Future” Banner from Amnesty International Source: Unsplash

The Unlawful Activities Prevention Act (UAPA) is an anti-terrorism law that was originally enacted in 1967 to expand Indian authorities’ powers to address individuals that were or were suspected to be a threat to national or economic security. Despite its supposed justified intent, the controversial law has given the federal Indian government unprecedented power over the criminal justice system. In 2019, a new tenet permitting the categorization of individuals rather than organizations as terrorists was added to the law. People could be jailed without clear evidence or bail for months and even decades. A trial is not guaranteed, and if one trial is granted, but the case fails, there is no provision that allows the incarcerated person to be released. According to the Ministry of Home Affairs (MHA), since 2015, arrests made under this provision have increased by 72% in 2019.

The most widely covered injustice of the UAPA occurred in Bhima Koregaon, a town a few hours south of Mumbai, India. Annually, on January 1st, Dalits in Bhima Koregaon celebrate the victory of their ancestors over an upper-caste ruler as part of the British Army. In 2018, they clashed with Hindu residents during the celebration which resulted in 16 activists jailed under the UAPA for inciting violence at the deadly event. 3 years later, no official charges have been brought up against the 16. All the 16 activists were advocates for historically marginalized groups such as Dalits to protect their rights and elevate their status in society. One of the accused was released in early December 2021 on bail, and another was only released under a temporary medical release after concerns arose about his deteriorating health in July.

Rv. Stan Swamy, an 84-year-old Jesuit priest and activist from the state of Tamil Nādu was another one of the 16 jailed in connection with the riots that occurred in Bhima-Koregaon, despite never having visited the town. He suffered from Parkinson’s Disease, was infected with Covid-19, and experienced multiple falls and injuries while detained. His requests for accommodations considering the spasms and locked muscles caused by Parkinson’s were also denied by the NIA. No requests for bail were granted even when his health began declining in the spring. Swamy died in jail on July 5th, 2021, because of what the Jamshedpur Jesuit Province calls inadequate health facilities and a lack of regard for human life in dire prison conditions.

Similar caste violence prefaced the 2020 Delhi Riots in which Hindus and Muslims fought over a new unconstitutional citizenship law. Three student activists were implicated in the violence and were arrested under the UAPA, despite fervently denying the allegations. The three were released after one year on bail, although a fourth student activist is still behind bars for other charges under the UAPA.  

The same pattern repeats in every arrest made under this law: circumstantial detainment then extended detention with no promise for bail or trial. In fact, less than 3% of those brought in by the National Intelligence Agency (NIA) are convicted while many others have died waiting for trial. The right to due process with a fair and speedy trial is a key part of democracy, neither of which is given to those arrested under the UAPA, further suffocating human rights advocacy and discouraging potential activists. Human rights organizations including Frontline Defenders, International Federation for Human Rights, Amnesty International, and the Human Rights Watch fear for the health of free speech in India.

Gavel on a court surface representing law and justice Source: Unsplash

Lawmakers in the congressional houses of India’s federal administration control all of the UAPA provisions, but the judiciary of India, including the Supreme Court, has expressed its frustration and opposition to the anti-terrorism law. Not only is it unconstitutional, but the UAPA also infringes on broadly accepted ethical boundaries and totalitarian behavior. Academic experts, lawyers, journalists, teachers, and activists of all ages step into their shoes every day preparing to face the UAPA when they give voice to marginalized communities.

This should not be brushed under the rug as a rare occurrence, because the UAPA is another dangerous tactic utilized by the ruling party in India to limit dissent. Akin to determined vultures, over the last couple of years, the government has circled closer to limiting basic freedoms including privacy, speech, assembly, and press. The law was initially aimed to combat terrorism but is now used as a legal tool to silence opposition, tightening the fist around minority populations. As the walls continue to close in, there is a very real possibility for the UAPA to become a harbinger of stifling, authoritative power in India, drastically shifting the definition of terrorism to encompass nonviolent political activity, otherwise known as activism.

"Human Rights Violated by Modi Government in India" Protest Banner — “Human Rights Violated by Modi Government in India” Protest Banner Source: Unsplash

The UAPA is only a small part of a growing tsunami of problems seen around the globe. According to the Economist Intelligence Unit (EIU), India has fallen to 53rd place in the Democracy Index – evident of a growing trend of backsliding democracy. The EIU has attributed India’s shortcomings to the increasing focus of religious sentiment in what is supposed to be a secular state, reinforcing harmful traditional stereotypes about wealth, race, and caste, while preventing social mobility for the less fortunate. Last year, India unveiled a new citizenship plan that hinders persecuted Muslims from becoming naturalized Indian citizens, a proposal that inflamed religious tensions already encouraged by India’s national Prime Minister.

Human rights advocates and activists are the light in the dark for millions of people around the world, not only in India. Similarly, more than a few countries are seeking ways to funnel away basic rights that they see as disruptive to their goals of obtaining more control over their people and thus an iota of more power in the global discourse. If India succeeds with this violation of human rights and human rights defenders, it will set an irreversible precedent that countries similar to India in their ideological associations will follow. The international community must call for action and consequences for India’s actions. More support and funding from the international community should flow into the judicial system to question the legislation passed by Congress as well as organizations defending human rights activists to ensure the marginalized in India stand a fighting chance.

Tag: political rights

Election Integrity in Romania