Human rights in Moldova

(Updated in October 2011)

Moldova is a country in political and constitutional crisis. Moldova held parliamentary elections twice in 2009 and once in November 2010. The results of the elections show a country that is almost evenly divided between the Communist Party, on the one hand, and pro-Western parties on the other.

The pro-Western parties managed in the end of 2010 to form a second Alliance for European Integration (AEI) to govern to country. Neither of the legislatures has been able to gather the three-fifths parliamentary majority needed to elect a president. As a consequence, early parliamentary elections might soon again be needed.

The results of the local elections held in June 2011 reconfirmed the political polarization in the country. International observers stated that the local elections met most commitments of the Organization of Security and Cooperation in Europe and Council of Europe; nevertheless, there are legal, administrative and regulatory issues that remain to be dealt with.

The local elections were seen as a crucial test for the AEI coalition to show that the three coalition parties are unified and capable of moving the country forward. However, as a result of divergent interests between leaders and parties there are continuous disagreements within AEI. Hence, political stability is lacking and hampers the implementation of some important reforms recently initiated by the AEI government (such as judicial reform, reform of the Ministry of Interior, of the General Prosecutor).

Moldova is continuing to strengthen its relationship with the European Union and the country is currently negotiating an Association Agreement. In June 2010 a visa dialogue was opened, with the final goal for Moldovan citizens to travel visa-free to the EU, and this summer negotiations on a deep and comprehensive Free Trade Area started.

Low levels of trust in the legal system
The legal system, with low levels of trust among citizens, does not meet European standards ensuring the rule of law and the respect for the human rights. According to a EU-funded justice sector assessment report the most ineffective sectors of the judicial and law enforcement system are the courts, the prosecutorial service and the investigation bodies. The lack of implementation of legislation continues to be a serious problem.

One of the prioritised matters of the new government is the reform of the judiciary, and a strategy has been drafted. According to the Freedom House Report Freedom in the World, Moldova remains partly free, but there was an improvement 2011 compared to 2010 as the civil liberties rating improved. The reasons are positive developments within the media sphere, a friendlier environment for civil society to work in and the lack of interventions with political gatherings in connection to the parliamentary elections in November 2010.

An independent, fair and efficient justice system capable of fighting corruption is a condition for a European membership as well as for visa liberalization. An independent judiciary is provided for in the Constitution but corruption within the police and judiciary remains endemic. Moldova was ranked 89 out of 180 countries surveyed in Transparency International’s 2009 Corruption Perceptions Index and fell to number 105 in 2010. The Parliament has adopted a new national anti-corruption strategy for 2011-2015, but an action plan on the implementation is yet to be worked out.

The problems within the judiciary and human rights problems in Moldova are clearly visible in the considerable amount of cases against Moldova before the European Court of Human Rights (ECtHR) in Strasbourg. Delay in executing judgments issued by ECtHR is also a major concern, which is frequently criticized by the Parliamentary Assembly of the Council of Europe. The critique is mostly related to lingering of enforcing domestic judicial decisions; ill treatment by law-enforcement officials, lack of effective investigations; unlawful detention; and excessive length of detention on remand.

In Transnistria the human rights situation continues to be serious with basic rights of the inhabitants being violated on a daily basis. The civil society is weak and access to information and freedom of expression continue to be limited.

Torture, arbitrary arrests and unlawful detentions are regularly reported, and Transnistrian authorities continue to harass independent media and opposition lawmakers. In December 2010 independent journalist Ernest Vardanyan was convicted in a closed trial to 15 years in prison for treason and espionage after having been arrested in April 2010. In May the president Smirnov suddenly pardoned him and he was released.

There are numerous cases like Vardanyan; people who have been imprisoned and sentenced without a fair trial. The arrests have a chilling effect on opponents to the current regime. The first official meeting in five years on the Transnistrian conflict settlement in the 5+2 format (Russia, Ukraine, OSCE, the United States, European Union, Chisinau, Tiraspol) took place in June in Moscow with disappointing results; the sides were unable to agree on the resumption of the negotiations process. Presidential elections will take place in December.

Two laws promoting freedom of expression
The Moldovan Constitution guarantees freedom of expression and media freedom, but the shortcomings in this field have been many throughout the years. In 2009 a decline in press freedom and democracy was recorded in Moldova, related to what happened in connection to the elections in April.

In 2010 the situation improved, something that all reports e.g. Freedom House, Reporters without Borders point out. The reasons being, among other things, that foreign investment in the media market has advanced competition and improved the quality. Two laws promoting freedom of expression have been adopted: the Law on Freedom of Expression and the Law on the Denationalization of Public Periodical Publications. Civil society was deeply involved in the development of both laws.

One major problem is the lack of self-regulation and observance of ethical codes. Encouragingly in 2011, 75% of all media outlets officially adopted a new “Code of Ethics of Moldovan Journalist,” thereby publicly committing to observe ethical and professional principles. The observance of the Code will be monitored by the Press Council, which was founded in 2009 as an independent self-regulatory institution.

Despite the progress made, violations against press freedom continue to occur and media continue to be subject of intimidations and threats. The right to access to information continues to be restricted and several cases are brought before the courts. The development of local media outlets is limited by interference from the authorities, insufficient professionalism of staff, and inadequate attention to selling advertising. Referring to media in Gagauzia there is however a positive development after years of targeted training. For instance, today private TV channels provide information about events in the autonomous region as well as in other parts of the country, and viewers can watch the Gagauzian public broadcaster online enabling everybody to be informed about the events there.

Discrimination a sensitive issue
According to a sociological study made by Soros Foundation Moldova, every third person believes that discrimination has increased the last five years. In May the UN Committee for Economic, Social, and Cultural Rights concluded that Moldova has systematic problems with discrimination of Roma, sexual minorities, HIV/AIDS patients and people with disabilities.

Moldova was also recommended to adopt the anti-discrimination law. An anti-discrimination law was adopted by the government in February 2011, but was later withdrawn from the parliament with the argument that the issue of discrimination is sensitive and that the law needs to be further examined.

The public debate preceding the parliamentary process did almost exclusively focus on the protection of sexual minorities and not on the fact that the law would ban discrimination on many grounds, thereby guaranteeing equal rights of all Moldovan citizens. Derogatory statements addressed at LGBT-persons were frequently used by public figures.

In June, when the UN Human Rights Council adopted its first ever resolution on human rights violations based on sexual orientation and gender identity, Russia and Moldova were the only European countries voting against the resolution. The decisions of withdrawing the anti-discrimination law and not voting for the HR Council resolution are not favourable to a future membership within the EU.

Adopting the anti-discrimination law is also one of the conditions for visa liberalisation. A positive step in protecting equal rights was however taken in March when the ministry of justice for the first time registered a Muslim organization in Moldova. Although the constitution guarantees religious freedom, earlier efforts to register Muslim groups have been rejected.

Roma people are underrepresented at all levels of the Moldovan political system and no Roma have reached high-level positions. Roma suffer from discrimination within the judicial system; they are treated differently and violations committed against them are seldom properly investigated nor are the persons responsible prosecuted.

The Governmental Roma Action Plan for 2007-2010 delivered meagre results. In July, a new Action Plan for 2011-2015 was adopted. The Roma civil society was involved in the discussions, however few of their proposals were included in the end. Some say that the Action Plan was swiftly adopted in order to fulfil requirements related to the liberalization of the visa regime.

In 2009, the April riots after the elections contributed to the avoiding of holding a public manifestation during Pride. Hopefully, the authorities will be more positive and pro-active in upholding the LGBT-groups freedom of assembly. As the ruling coalition is pro-EU, one of the needed improvements of government policy and situation relates to discrimination.

Discrimination of minorities is still present in Moldova and an adoption of a law on non-discrimination has not yet been seen. A draft exists but needs to tackle the issue of mechanisms in cases of discrimination. The adoption of an anti-discrimination law can be considered as a bold move in case of a new election being necessary in 2010, as the subject is not always popular among voters.

At the same time, as the new government seems determined to adjust legislation according to European standards, one of the prerequisites is the adoption of a law on non-discrimination. Positive signals have also been registered from relevant authorities. Moldovan legislation contains a few provisions, prohibiting discrimination in an explicit manner. However, most of them have severe deficiencies in terms of obtaining the rights. The adoption of an all-inclusive anti-discrimination law would represent a major leap forward for the protection of discriminated groups.

Many individuals in Moldova are consciously prejudiced against certain groups and knowingly discriminate while others are unaware that their conduct, behaviour and attitudes are discriminatory.

Male homosexuality was illegal during Soviet times, and was not de-criminalised in Moldova until 1995. The position of LGBT-persons has improved since then. However, this means in no way that the situation for LGBT-persons is satisfactory. The LGBT-community is actively and openly defending its rights, however it is not possible to be openly gay without risking violence.

During the latest years, the Orthodox Church in Moldova has together with various extremist organisations become more actively condemning and aggressive against the LGBT-community. This was clearly visible in the counter-demonstration during Pride 2008, the assault on the RFSL president Sören Juvas in 2009 and the counter-demonstrations during Pride in 2010.

Roma in Moldova are another vulnerable group facing discrimination within different areas. A governmental decree adopted in December 2006 contains an action plan to support Roma in Moldova but lacks in implementation and does not include specific measures in combating racism and discrimination against Roma.

Roma are often victims of abuse, arbitrary arrests, negative portrayal in media, and there are reportedly cases of Roma being denied medical assistance and facing difficulties in obtaining work. At the same time, there are only a few Roma organisations addressing Roma issues or providing information on the situation, leading to a lack of awareness among the public on the difficulties faced by Roma. Furthermore, Roma have little knowledge about their rights and even less access to legal assistance when needed.

Civil Rights Defenders in Moldova
Civil Rights Defenders is since 2004 empowering human rights defenders in Moldova. We have mainly been collaborating with human rights organisations that are working in the fields of Rule of Law, Freedom of Expression and Non-discrimination and are functioning as watchdogs of the government. After the governmental change in 2009 the cooperation between the government and the civil society has been more active and open. Still there are almost no funds available for the civil society domestically so the NGOs continue to be heavily dependent on foreign funds.

We are increasing the use of the European Convention of Human Rights and its practice through our partner Lawyers for Human Rights but also through our legal assistance partners, Independent Journalism Centre, the Anti-Discrimination Coalition (CAD) and Roma National Centre (partners within all of our three programmes). We are promoting and providing easy accessible information on the ECHR in Romanian, and thereby raises awareness on the ECHR and increase the use of the mechanism in the country.

As a way to combat corruption we are improving draft laws and increasing transparency of the parliament through our collaboration with Centre for the Analysis and Prevention of Corruption (CAPC). The human rights situation in Transnistria and in Moldova proper is being highlighted in a Human Rights report developed within our co-operation with Promo-LEX. We are involved in strengthening our partners through different capacity building efforts. CAD and Promo-LEX are among other things assisted in developing new strategies to guide their work and there are plans to strengthen RNC in different ways.

In efforts to improve legal and other mechanisms protecting independent media and journalists, and to improve professionalism of media, we are working with two of the major media associations, the Independent Journalism Center (IJC) and Association of Independent Press (API). IJC is offering legal assistance to media, setting precedents in the area of access to information, as well as working on improving the implementation of the Law on freedom of expression. The adoption of the Law in April 2010 is in part a result of our long-term cooperation with IJC, which started in 2006.

Within this years’ cooperation a Commentary on the Law on freedom of expression, a guide on how to interpret the law, is being produced, with an expert opinion provided by a senior Board member of Civil Rights Defenders. We are cooperating with API in order to increase the use of ethical standards. A clear outcome is the case involving two editors of API-member newspapers who decided to run in the local elections. In line with the Code of Ethics, the Board of Ethics recommended both editors to follow the Code and request suspension from office for the duration of the electoral campaign. As result one of editors decided to recall his candidature, and the second officially requested suspension from work during the electoral campaign.

We are combating discrimination through lobbying for the adoption of an all-inclusive anti-discrimination law, as well as trying to change discriminatory practices especially in regard to two of the most discriminated groups – Roma and LGBT. Since 2005, Civil Rights Defenders has created the momentum for promoting a law on non-discrimination and initiated a public discussion on this matter. Through our partner organisation Anti-Discrimination Coalition (CAD), we have been involved in applying pressure on adopting an acceptable law by for instance sending letters to the Prime Minister together with CAD about the matter. In May our partner GenderDoc-M organised the 10^th Pride in Moldova and as in previous years Civil Rights Defenders were present in Chisinau.

Human rights in Moldova

(Updated in October 2011)

Moldova is a country in political and constitutional crisis. Moldova held parliamentary elections twice in 2009 and once in November 2010. The results of the elections show a country that is almost evenly divided between the Communist Party, on the one hand, and pro-Western parties on the other.

The pro-Western parties managed in the end of 2010 to form a second Alliance for European Integration (AEI) to govern to country. Neither of the legislatures has been able to gather the three-fifths parliamentary majority needed to elect a president. As a consequence, early parliamentary elections might soon again be needed.

The results of the local elections held in June 2011 reconfirmed the political polarization in the country. International observers stated that the local elections met most commitments of the Organization of Security and Cooperation in Europe and Council of Europe; nevertheless, there are legal, administrative and regulatory issues that remain to be dealt with.

The local elections were seen as a crucial test for the AEI coalition to show that the three coalition parties are unified and capable of moving the country forward. However, as a result of divergent interests between leaders and parties there are continuous disagreements within AEI. Hence, political stability is lacking and hampers the implementation of some important reforms recently initiated by the AEI government (such as judicial reform, reform of the Ministry of Interior, of the General Prosecutor).

Moldova is continuing to strengthen its relationship with the European Union and the country is currently negotiating an Association Agreement. In June 2010 a visa dialogue was opened, with the final goal for Moldovan citizens to travel visa-free to the EU, and this summer negotiations on a deep and comprehensive Free Trade Area started.

Low levels of trust in the legal system
The legal system, with low levels of trust among citizens, does not meet European standards ensuring the rule of law and the respect for the human rights. According to a EU-funded justice sector assessment report the most ineffective sectors of the judicial and law enforcement system are the courts, the prosecutorial service and the investigation bodies. The lack of implementation of legislation continues to be a serious problem.

One of the prioritised matters of the new government is the reform of the judiciary, and a strategy has been drafted. According to the Freedom House Report Freedom in the World, Moldova remains partly free, but there was an improvement 2011 compared to 2010 as the civil liberties rating improved. The reasons are positive developments within the media sphere, a friendlier environment for civil society to work in and the lack of interventions with political gatherings in connection to the parliamentary elections in November 2010.

An independent, fair and efficient justice system capable of fighting corruption is a condition for a European membership as well as for visa liberalization. An independent judiciary is provided for in the Constitution but corruption within the police and judiciary remains endemic. Moldova was ranked 89 out of 180 countries surveyed in Transparency International’s 2009 Corruption Perceptions Index and fell to number 105 in 2010. The Parliament has adopted a new national anti-corruption strategy for 2011-2015, but an action plan on the implementation is yet to be worked out.

The problems within the judiciary and human rights problems in Moldova are clearly visible in the considerable amount of cases against Moldova before the European Court of Human Rights (ECtHR) in Strasbourg. Delay in executing judgments issued by ECtHR is also a major concern, which is frequently criticized by the Parliamentary Assembly of the Council of Europe. The critique is mostly related to lingering of enforcing domestic judicial decisions; ill treatment by law-enforcement officials, lack of effective investigations; unlawful detention; and excessive length of detention on remand.

In Transnistria the human rights situation continues to be serious with basic rights of the inhabitants being violated on a daily basis. The civil society is weak and access to information and freedom of expression continue to be limited.

Torture, arbitrary arrests and unlawful detentions are regularly reported, and Transnistrian authorities continue to harass independent media and opposition lawmakers. In December 2010 independent journalist Ernest Vardanyan was convicted in a closed trial to 15 years in prison for treason and espionage after having been arrested in April 2010. In May the president Smirnov suddenly pardoned him and he was released.

There are numerous cases like Vardanyan; people who have been imprisoned and sentenced without a fair trial. The arrests have a chilling effect on opponents to the current regime. The first official meeting in five years on the Transnistrian conflict settlement in the 5+2 format (Russia, Ukraine, OSCE, the United States, European Union, Chisinau, Tiraspol) took place in June in Moscow with disappointing results; the sides were unable to agree on the resumption of the negotiations process. Presidential elections will take place in December.

Two laws promoting freedom of expression
The Moldovan Constitution guarantees freedom of expression and media freedom, but the shortcomings in this field have been many throughout the years. In 2009 a decline in press freedom and democracy was recorded in Moldova, related to what happened in connection to the elections in April.

In 2010 the situation improved, something that all reports e.g. Freedom House, Reporters without Borders point out. The reasons being, among other things, that foreign investment in the media market has advanced competition and improved the quality. Two laws promoting freedom of expression have been adopted: the Law on Freedom of Expression and the Law on the Denationalization of Public Periodical Publications. Civil society was deeply involved in the development of both laws.

One major problem is the lack of self-regulation and observance of ethical codes. Encouragingly in 2011, 75% of all media outlets officially adopted a new “Code of Ethics of Moldovan Journalist,” thereby publicly committing to observe ethical and professional principles. The observance of the Code will be monitored by the Press Council, which was founded in 2009 as an independent self-regulatory institution.

Despite the progress made, violations against press freedom continue to occur and media continue to be subject of intimidations and threats. The right to access to information continues to be restricted and several cases are brought before the courts. The development of local media outlets is limited by interference from the authorities, insufficient professionalism of staff, and inadequate attention to selling advertising. Referring to media in Gagauzia there is however a positive development after years of targeted training. For instance, today private TV channels provide information about events in the autonomous region as well as in other parts of the country, and viewers can watch the Gagauzian public broadcaster online enabling everybody to be informed about the events there.

Discrimination a sensitive issue
According to a sociological study made by Soros Foundation Moldova, every third person believes that discrimination has increased the last five years. In May the UN Committee for Economic, Social, and Cultural Rights concluded that Moldova has systematic problems with discrimination of Roma, sexual minorities, HIV/AIDS patients and people with disabilities.

Moldova was also recommended to adopt the anti-discrimination law. An anti-discrimination law was adopted by the government in February 2011, but was later withdrawn from the parliament with the argument that the issue of discrimination is sensitive and that the law needs to be further examined.

The public debate preceding the parliamentary process did almost exclusively focus on the protection of sexual minorities and not on the fact that the law would ban discrimination on many grounds, thereby guaranteeing equal rights of all Moldovan citizens. Derogatory statements addressed at LGBT-persons were frequently used by public figures.

In June, when the UN Human Rights Council adopted its first ever resolution on human rights violations based on sexual orientation and gender identity, Russia and Moldova were the only European countries voting against the resolution. The decisions of withdrawing the anti-discrimination law and not voting for the HR Council resolution are not favourable to a future membership within the EU.

Adopting the anti-discrimination law is also one of the conditions for visa liberalisation. A positive step in protecting equal rights was however taken in March when the ministry of justice for the first time registered a Muslim organization in Moldova. Although the constitution guarantees religious freedom, earlier efforts to register Muslim groups have been rejected.

Roma people are underrepresented at all levels of the Moldovan political system and no Roma have reached high-level positions. Roma suffer from discrimination within the judicial system; they are treated differently and violations committed against them are seldom properly investigated nor are the persons responsible prosecuted.

The Governmental Roma Action Plan for 2007-2010 delivered meagre results. In July, a new Action Plan for 2011-2015 was adopted. The Roma civil society was involved in the discussions, however few of their proposals were included in the end. Some say that the Action Plan was swiftly adopted in order to fulfil requirements related to the liberalization of the visa regime.

In 2009, the April riots after the elections contributed to the avoiding of holding a public manifestation during Pride. Hopefully, the authorities will be more positive and pro-active in upholding the LGBT-groups freedom of assembly. As the ruling coalition is pro-EU, one of the needed improvements of government policy and situation relates to discrimination.

Discrimination of minorities is still present in Moldova and an adoption of a law on non-discrimination has not yet been seen. A draft exists but needs to tackle the issue of mechanisms in cases of discrimination. The adoption of an anti-discrimination law can be considered as a bold move in case of a new election being necessary in 2010, as the subject is not always popular among voters.

At the same time, as the new government seems determined to adjust legislation according to European standards, one of the prerequisites is the adoption of a law on non-discrimination. Positive signals have also been registered from relevant authorities. Moldovan legislation contains a few provisions, prohibiting discrimination in an explicit manner. However, most of them have severe deficiencies in terms of obtaining the rights. The adoption of an all-inclusive anti-discrimination law would represent a major leap forward for the protection of discriminated groups.

Many individuals in Moldova are consciously prejudiced against certain groups and knowingly discriminate while others are unaware that their conduct, behaviour and attitudes are discriminatory.

Male homosexuality was illegal during Soviet times, and was not de-criminalised in Moldova until 1995. The position of LGBT-persons has improved since then. However, this means in no way that the situation for LGBT-persons is satisfactory. The LGBT-community is actively and openly defending its rights, however it is not possible to be openly gay without risking violence.

During the latest years, the Orthodox Church in Moldova has together with various extremist organisations become more actively condemning and aggressive against the LGBT-community. This was clearly visible in the counter-demonstration during Pride 2008, the assault on the RFSL president Sören Juvas in 2009 and the counter-demonstrations during Pride in 2010.

Roma in Moldova are another vulnerable group facing discrimination within different areas. A governmental decree adopted in December 2006 contains an action plan to support Roma in Moldova but lacks in implementation and does not include specific measures in combating racism and discrimination against Roma.

Roma are often victims of abuse, arbitrary arrests, negative portrayal in media, and there are reportedly cases of Roma being denied medical assistance and facing difficulties in obtaining work. At the same time, there are only a few Roma organisations addressing Roma issues or providing information on the situation, leading to a lack of awareness among the public on the difficulties faced by Roma. Furthermore, Roma have little knowledge about their rights and even less access to legal assistance when needed.

Civil Rights Defenders in Moldova
Civil Rights Defenders is since 2004 empowering human rights defenders in Moldova. We have mainly been collaborating with human rights organisations that are working in the fields of Rule of Law, Freedom of Expression and Non-discrimination and are functioning as watchdogs of the government. After the governmental change in 2009 the cooperation between the government and the civil society has been more active and open. Still there are almost no funds available for the civil society domestically so the NGOs continue to be heavily dependent on foreign funds.

We are increasing the use of the European Convention of Human Rights and its practice through our partner Lawyers for Human Rights but also through our legal assistance partners, Independent Journalism Centre, the Anti-Discrimination Coalition (CAD) and Roma National Centre (partners within all of our three programmes). We are promoting and providing easy accessible information on the ECHR in Romanian, and thereby raises awareness on the ECHR and increase the use of the mechanism in the country.

As a way to combat corruption we are improving draft laws and increasing transparency of the parliament through our collaboration with Centre for the Analysis and Prevention of Corruption (CAPC). The human rights situation in Transnistria and in Moldova proper is being highlighted in a Human Rights report developed within our co-operation with Promo-LEX. We are involved in strengthening our partners through different capacity building efforts. CAD and Promo-LEX are among other things assisted in developing new strategies to guide their work and there are plans to strengthen RNC in different ways.

In efforts to improve legal and other mechanisms protecting independent media and journalists, and to improve professionalism of media, we are working with two of the major media associations, the Independent Journalism Center (IJC) and Association of Independent Press (API). IJC is offering legal assistance to media, setting precedents in the area of access to information, as well as working on improving the implementation of the Law on freedom of expression. The adoption of the Law in April 2010 is in part a result of our long-term cooperation with IJC, which started in 2006.

Within this years’ cooperation a Commentary on the Law on freedom of expression, a guide on how to interpret the law, is being produced, with an expert opinion provided by a senior Board member of Civil Rights Defenders. We are cooperating with API in order to increase the use of ethical standards. A clear outcome is the case involving two editors of API-member newspapers who decided to run in the local elections. In line with the Code of Ethics, the Board of Ethics recommended both editors to follow the Code and request suspension from office for the duration of the electoral campaign. As result one of editors decided to recall his candidature, and the second officially requested suspension from work during the electoral campaign.

We are combating discrimination through lobbying for the adoption of an all-inclusive anti-discrimination law, as well as trying to change discriminatory practices especially in regard to two of the most discriminated groups – Roma and LGBT. Since 2005, Civil Rights Defenders has created the momentum for promoting a law on non-discrimination and initiated a public discussion on this matter. Through our partner organisation Anti-Discrimination Coalition (CAD), we have been involved in applying pressure on adopting an acceptable law by for instance sending letters to the Prime Minister together with CAD about the matter. In May our partner GenderDoc-M organised the 10^th Pride in Moldova and as in previous years Civil Rights Defenders were present in Chisinau.