PERIODICALLY UPDATED REPORT
ENSURING OF THE NATIONAL MINORITIES’ RIGHTS IN THE REPUBLIC OF MOLDOVA: EXISTING PROBLEMS
I. GENERAL INFORMATION
Interethnic relations in the Republic of Moldova are characterised as stable. Cases of ethnic discrimination do not occur often. Also the cases of ill-treatment based on ethnicity are rare.
The reported cases relate mainly to certain ethnic communities – Roma, ethnic groups professing Islam, and originates from Africa and Asia (migrants). As indicated in the Third Opinion on Moldova of the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC/OP/III(2009)003, adopted on 26 June 2009), some persons belonging to national minorities, notably immigrants and persons belonging to non-traditional religious groups, as well as Roma, allege that they continue to be confronted with verbal and physical ill-treatment, excessive use of force, abusive stop and search on the street and other forms of intimidation and harassment by the police. Muslim organisations have repeatedly submitted requests for Islam to be recognised as a religious denomination in Moldova. All of these requests have been unsuccessful so far. Furthermore, representatives of the Muslim communities complain about allegedly disproportionate scrutiny by the police and other forms of harassment.
USING OF LANGUAGES
Using of languages in relations with authorities
According to the provisions of the Law on the Functioning of Languages Spoken on the Territory of the Republic of Moldova and the Law on the Rights of Persons Belonging to National Minorities and the Legal Status of Their Organisations, the citizens have the right to appeal to public institutions verbally and in written form both in Russian and Moldavian (Romanian) and to receive the reply in the language of the appeal (Moldavian or Russian). There have been registered cases when persons, who appeal to public institutions verbally and in written form in Russian receive replies in Romanian, which limit the rights of respective persons.
The Law on Function of Languages on the Territory of the Republic of Moldova from 1989, foreseen the legal possibility of minorities languages using, especially Ukrainian and Bulgarian, in relations with local public authorities only in localities were national minorities constitute majority of population (this threshold is very high) and possibility of minorities languages using in relations with local public authorities only in verbal form. These legal provisions essentially limit frameworks of national minorities’ languages using at local level.
Courts:
According to the Moldovan legislation, the person who does not know the state language has the right to familiarise with all materials of the case, to express before juridical instances with participation of the translator paid due to the state. In practice, there are situations when translators are not professional and do not present the qualified translation.
Visual information
The problem concerning visual information remains critical. Visual information, especially in social institutions (medical institutions, social welfare institutions, transport stations, ministries, other state institutions) is shown, in majority cases, in Romanian language only, without translation in Russian language (still now the main language of interethnic communication for absolute majority of national minorities) and other languages. There were no local authorities’ decisions concerning making of visual information in Russian and other languages, especially in regions with compact population of national minorities.
According to the Law on consumerism, adopted on March 2003, all information, including verbal one, about produces, services proposed to consumers, has to be presented in Moldovan language or Moldovan and one of international communication languages. This provision excluded obligatory presentation of information about products in also Russian language (still now the main language of interethnic communication for absolute majority of national minorities) along with the State language.
Doubling of social information in Russian language remains actual in Moldova, because only 30% of national minorities know fluent Romanian language (40% – Ukrainians, 35% – Russians, 12% – Gagauz, 35% – Bulgarians).
CULTURE
The problem of implementation of legislation on the state financial support of cultural activities organised by national minorities’ organisations became very actual. Legislation foreseen the possibility of national minorities’ nongovernmental organisations to elaborate projects in the field of culture, education and to present them to the Bureau of Interethnic Relations for financing. Laws on the budget for the relevant years provide for the Bureau of Ethnic Relations funds to support social and cultural activities. At the same time, special regulations, which would provide organisation of the competition for the selection of projects and their funding do not exist. There is a need of adoption of the Regulations on Financial Support of the Programs and Projects of Organisations of the Persons Belonging to National Minorities, which have to foreseen open and transparent assign and expense of financial resources for support of cultural programs of national minorities’ organisations.
EDUCATION
Secondary education
Existing system of education needs future development. The following problems remain unsolved today:
- only pupils who study in schools with Russian languages of training have possibility to study the Ukrainian, Gagauz and Bulgarian languages. Pupils belonging to national minorities (Ukrainians, Gagauz, Bulgarians) who prefer studying in Romanian language have not possibility to study their native language;
- the total number of schools where the Ukrainian language is studying is insufficient. There are 55 schools in which the Ukrainian language is studying, 2 – with Ukrainian language of studying. But, the number of settlements where Ukrainians constitute majority of population is about 100. Now only 1/4 of Ukrainian children have possibility to study Ukrainian language and literature in schools;
- in settlements compact populated by Ukrainians, where Ukrainian language is not studied, the subject “History, culture and traditions of Russian people” is taught. This fact influences very negative the ethnic identity of Ukrainians from Moldova;
- the system of multilingual education (in native, Romanian, Russian and foreign language) does not exist in Moldova;
- there are no practice of the Roma history, culture and traditions, Romani language studying.
Higher education
At present, in different universities the process of education for some disciplines is effectuated only in Romanian language. This fact limits access of national minorities, who don’t speak Romanian, to high education.
During 2009 – 2010 the problem of closing or reducing of groups in Russian language in universities appeared.
In 2008 the new Education Code was elaborated. According to this, “the State guarantees the Constitutional right of a person to chose the language of education at training at all levels of education, forms and types of education, except for medical education, military, law, order and public security”. The code wasn’t adopted, but the situation of excluding of Russian language (still now the main language of interethnic communication for absolute majority of national minorities) from the education system can be repeated in future.
Studying of the State language
One of the most problematic is the issue of Romanian language studying in schools and universities. Young people from the settlements compact populated by national minorities after leaving schools do not speak the State language on the high level. Thus, only 30% of national minorities know fluent Moldovan / Romanian language (40% – Ukrainians, 35% – Russians, 12% – Gagauz, 35% – Bulgarians). The State language practically is not studying in the higher education institutions (practically only during of first year of education). Methods of the State language teaching in schools are very imperfect. In schools with Russian language of studying the State language is taught as native language and not as foreign one (being de facto foreign language for national minorities).
MASS MEDIA
There are no special mechanisms for supporting of printed mass media in national minorities’ languages in Moldova. So, periodical editions in Ukrainian and Bulgarian languages appear accidentally in dependence of financial and organisational possibilities of ethno-cultural organisations.
One of the problematic issues is language of TV and radio broadcasting.
Before 2006 the Law on TV and radio acted in Moldova. The law stipulated that no less than 65% of programs, broadcasting on the territory of the republic, had to be transmitted in the State language. At the same time, these provisions did not apply to the stations broadcasting on the territories compact populated by national minorities. This provision covered Chisinau, Balti towns, some districts of Moldova.
After adoption on 2006 of the TV and radio Code of the Republic of Moldova, the special provision came into force. According to this, on 1 January 2007 no less than 70% of emissions, prepared on the territory of the Republic of Moldova, have to be in the State language. In 2010 their rate has to be 80%. This provision is not applied to the regions where national minorities constitute majority of population. Now, for example, TV and radio companies broadcasting majority of their programs in national minorities’ languages can not be created in Chisinau (national minorities constitute about 200,000 pers. – 25%) and, even, Balti town (national minorities constitute about 58,000 pers. – 47%).
PARTICIPATION IN THE DECISION MAKING PROCESS
Representation in public authorities
There are no special mechanisms ensuring real representation of national minorities in the public authorities, which reduce to zero guarantees foreseen by the legislation.
Parliament and local councils
Persons belonging to national minorities are represented in the Parliament of the Republic of Moldova (their number permanent varies and constitute about 20%). However, representation of national minorities in the Parliament depends exclusive on decisions of political parties concerning including of minorities in the electoral lists. National minorities represented in the Parliament are constraint in their action by their parties’ programs. Moreover, they have not responsibility before ethnic communities, because they are not delegated by these communities.
According to the Law on Political Parties and Socio-Political Organisations (December 2007), in order for a party to be registered, it must have 4,000 active members residing in no less than half of administrative districts (32 districts, Chisinau, Balti, Gaguzia and Transnistria), with no less than 120 members in each of these districts. Creating and registration of regional parties is not permitted.
These provisions limit possibility of the persons belonging to national minorities, who live mainly in a certain region, to create a party. Especially it is not possible to create parties of Gagauz and Bulgarians.
Executive bodies
No special mechanisms ensuring real representation of national minorities are foreseen by the legislation. Moreover the mechanism of competitive engaging of government personnel, provided by the law, does not work in practice. According to the evaluation data, the percentage of national minorities in central public authorities is very low.
Advisory and consultative organs
Existing mechanisms of national minorities’ participation in the decision making process are permanent declining. In the period 2001 – 2009 the following consultative bodies were abolished: Commission for interethnic relations by the President of the Republic of Moldova, guaranteed representation of national minorities in the “Teleradio-Moldova” Company Supervisory board. The function of the vice-minister of education – representative of national minorities responsible for education of minorities, Division of National Minorities Education by the Ministry of Education and Youth were liquidated.
Now the Coordinating council of ethno-cultural organisations activates by the Bureau of Interethnic Relations as an advisory body. Members of the Council are leaders of republican ethno-cultural nongovernmental associations of national minorities.
The mechanism of consultations with the Coordinating council does not exist. There is no real consideration of national minorities’ opinion by the state bodies and the mechanism of influence on decisions taking by authorities. Because of lack of real consultation mechanism, this advisory body does not work effective.
II. CONCRETE ETHNIC OR RELIGIOUS GROUPS
Roma
Roma population in Moldova has been identified as a particularly vulnerable group by a number of international and European bodies. According to the “Roma in the Republic of Moldova” Report, published by UNDP Moldova in 2007, majority of Roma families live in poverty or extreme poverty. Roma population permanently struggle while accessing quality education, health and other public services. There have been no systemic formal efforts on ensuring equal chance opportunities and Roma participation in decision making processes.
The major policy document for improvement of Roma situation in Moldova is the Government Action Plan for support of Roma in the Republic of Moldova for the Period 2007-2010, adopted in December 2006. The Government Action Plan does not take a comprehensive and detailed approach to the problems facing Roma in Moldova. It does not contain a narrative section explaining what the problems are and providing justification for the measures elaborated in the plan. The areas covered by the Government Action Plan, present a list of activities which are neither comprehensive, nor articulated in clear terms. The Plan does not foreseen financial resources necessary for its implementation. Four years after the adoption of the governmental Roma Action Plan the situation of Roma in the Republic of Moldova raises concerns for Moldovan civil society representatives and human rights international bodies. Last CERD report of March 2011/78 session and the Third Opinion on Moldova of the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC/OP/III(2009)003, adopted on 26 June 2009)concluded clearly on the need to improve the situation of Roma in Moldova.
The new Plan of Actions to support Roma from the Republic of Moldova for 2011 – 2015 is being elaborated by the Government and some Roma NGOs. Nevertheless, the new draft document as presented by Moldovan authorities in December 2010 does not present significant improvements from the previous Action Plan for Roma.
Profile NGOs are looking forward to contribute with their expertise in the elaboration/improvement of the proposed document while hoping that the new Action Plan for the support of Roma for 2011-2015 which will be elaborated will be more specific, more efficient, and will also include comprehensive management measures on preventing and combating discrimination, as well as functional implementation mechanism.
Jews
Jewish cemeteries, synagogues and symbols are often vandalised.
The most contemptible case was in December 2009, when an Orthodox priest led a demonstration of about 100 persons on Sunday in the afternoon, during which a Chanukah Menorah, installed by the members of the Jewish community during the Hanukah celebration, was pulled down from the Central Park in Chisinau. In the place of the Menorah, the protesters placed an Orthodox cross. The pries made anti-Semitic public statements during the process, inciting to hatred, speaking disrespectfully. The police was present during the incident, but no actions to stop the protesters have been undertaken. Later the priest was punished only with an administrative sanction (about 50 USD) for “hooliganism” and not for a crime.
Muslims
Many years the Islamic cult wasn’t registered in the Republic of Moldova. It seems that the authorities didn’t permit registration of the Muslim confession. According to the citizens who profess Islam, the Ministry of Justice of the Republic of Moldova in fact refused to register the religious cult or a religious community of Muslims.
On 11 May 2007, the Parliament has adopted the Law on religious cults and religious societies. The law provides new procedure of registration of religious cults, which the Ministry of Justice effects. According to article 19 for registration of religious cults it is necessary to present the following documents: application for registration; statute, authorised by founders; proceedings of the constituent assembly; list of founders with signatures not less than 100 citizens of the Republic of Moldova; main principles of belief.
The main problem consists in the need to present a list of founders, containing signatures of at least a hundred people (according to the citizens, this figure is unreasonably overrated in comparison with the number of founders for other non-commercial organisations). The citizens professing Islam, point to the fact that after the filing of the corresponding list to the Ministry of Justice, containing the personal details of founders, the last are suffered the mental pressure from law enforcement authorities. After these actions, the founders were forced to withdraw their signatures, and state authorities would have formal reason for refusal of registration of the Islam cult on the territory of the Republic of Moldova.
Refusal in registration of the Islam cult prevents persons professing Islam, conduct collective divine services. Muslim worship, in particular, is daily Friday prayer, which traditionally takes place collectively, very often accompanied by violent acts from the part of the Police. Many cases are registered where during the prayers in the room, where such prayers take place; the policemen burst into and begin to check documents, to impact mentally and physically on citizens, to commit other illegal acts (insults, humiliations). Often the policemen acted in special wear, and namely, masks, guns, bullet-proof vests. According to the citizens professing Islam, the purpose of these actions is to intimidate them, to pressure them psychologically in order to cancel the worship attendance.
Islamic cult was officially registered by the Moldovan Ministry of Justice in March 2011.
Originates from Africa and Asia
On the territory of the Republic of Moldova, in addition to so namely “traditional” ethnic communities also the expatriates from countries Africa and Asia live. A minor part of them has the citizenship of Moldova; the majority of them are foreigners or stateless persons permanently residing on the territory of Moldova (10 years and more).
As indicated in the Third Opinion on Moldova of the Advisory Committee on the Framework Convention for the Protection of National Minorities, the persons belonging to certain minority groups, and namely Roma, persons belonging to certain minorities, notably Roma, non-European immigrants and persons belonging to non-traditional religious groups, continue to be confronted on occasions with verbal and physical ill-treatment, excessive use of force, abusive stop and search on the street and other forms of intimidation and harassment by the police. Racially-motivated insults are allegedly not uncommon.
Also the cases of inadequate behavior of the police officers during address to them of the expatriates from African countries. In particular, in cases of address to law enforcement authorities to protect their rights, the police officers relate frivolously to such appeals, ignore or unwillingly react to them.
The originates from Africa and Asia, as other foreign citizens, have limited access to the labour market due to a complicated procedure of registration. Only in December 2010 this procedure was simplified by introducing a unique registration procedure. Having a distinguishable physical aspect, they draw attention of the police, and there are cases when police officers check documents not only of the foreigners but of the employers as well, finding small irregularities, thus making potential employers discriminate the foreigners of the right to labour.
III. LEGISLATION
National legislation
The issue of the legislation in force observance remains problematic. Especially, the Parliament, the Government permit themselves neglect of the Law on the Functioning of Languages on the Territory of the Republic of Moldova when adopting juridical acts, in their daily activity.
The acts regulating interethnic relations and function of languages contains discrepancies and gaps.
Acceding to international acts
Republic of Moldova has to make additional efforts concerning acceding to some international acts:
- ratification of the European Charter for Regional or Minority Languages;
- ratification of the Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms;
- ratification of the Amendment to the art. 8 of the International Convention on the Elimination of all Forms of Racial Discrimination;
- adoption of the declaration on recognising the competence of the Committee on the Elimination of Racial Discrimination according to the art. 14 of the International Convention on the Elimination of all Forms of Racial Discrimination;
- signing of bilateral intergovernmental or interstate agreements on ensuring of the persons belonging to national minorities’ rights with Ukraine, Russia and other states.
