NATIONAL MINORITIES’ RIGHTS IN THE REPUBLIC OF MOLDOVA: EXISTING PROBLEMS
I. GENERAL INFORMATION
The reported cases of ethnic discrimination and ill-treatment based on ethnicity are rare and relate mainly to certain ethnic communities: Roma, people of African and Asian descent (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.
USE OF LANGUAGES
Use of languages in relations with authorities
According to the Law on the Use of Languages 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, 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 in Russian receive replies in Romanian.
The Law on Languages from 1989 foresees the legal possibility of minority languages use, especially Ukrainian and Bulgarian, in relations with local public authorities only in the localities where national minorities constitute majority of population (this limit is too high) and the possibility to use minority languages in relations with local public authorities in verbal form only. These legal provisions essentially limit the possibilities of minority languages use at local level.
Courts:
According to the Moldovan legislation, those persons who do not know or are unable to speak Moldovan have the right to take knowledge of all documents and items on file and to talk to the court through an interpreter. In practice, there are cases when interpreters are not provided or are unprofessional and do not present the qualified interpretation and translation.
Visual information
The problem of visual information remains critical. Visual information, especially in social institutions (medical institutions, transport stations, ministries, other state institutions) is presented, in majority cases, only in Romanian language without translation in Russian (the main language of interethnic communication for absolute majority of national minorities) and other languages. There are no local authorities’ decisions on presenting visual information in Russian and other languages, especially in the regions compact populated by national minorities.
According to the Law on Consumerism, adopted in 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 the obligatory presenting of information on products in Russian language (the main language of interethnic communication for the majority of national minorities) along with the State language.
Duplication of social information in Russian language remains actual in Moldova, taking into account the fact that only 30% of national minorities speak Romanian (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 is very actual. Legislation foresees the possibility of national minorities’ NGOs to elaborate projects in the areas of culture, education and to present them to the Bureau of Interethnic Relations for financing. Annual laws on budget provide the Bureau of Ethnic Relations with funds to support social and cultural activities. At the same time, there are no regulations on projects’ selection and funding. The Regulations on Financial Support of the Programs and Projects of Organisations of the Persons Belonging to National Minorities should be elaborated and adopted.
EDUCATION
Secondary education
Existing education system needs future development. The following problems should be mentioned:
– only students from the schools with Russian languages of training have the possibility to learn the languages of their ethnic groups, especially Ukrainian, Gagauz and Bulgarian. Pupils belonging to national minorities (Ukrainians, Gagauz, Bulgarians) who prefer to attend Romanian language schools have not possibility to learn their native language;
– the number of schools where Ukrainian language is studied is insufficient. There are 55 schools in which the Ukrainian language is studied and 2 with Ukrainian language of teaching. At the same time, the number of localities where Ukrainians constitute majority of population is about 100. Now only 1/4 of Ukrainian children have the possibility to learn Ukrainian language and literature at schools;
– in the localities compact populated by Ukrainians, where Ukrainian language is not studied, the subject “History, Culture and Traditions of Russian People” is included in the school programme. This has a negative impact on the ethnic identity of Ukrainians in Moldova;
– the system of multilingual education (in native, Romanian, Russian and foreign language) is not developed in Moldova;
– there are no practice of Roma history, culture and traditions, Romani language teaching.
Higher education
At present, Romanian is the sole language of instruction for some specialties at universities. This fact limits access to higher education of national minorities who do not speak Romanian.
During 2009 – 2010 the problem of closing or reducing of groups in Russian language in universities appeared.
In 2008 the draft of the 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 was not adopted, but the situation of excluding of Russian language (the main language of interethnic communication for absolute majority of national minorities) from the education system could be repeated in future.
Teaching of Romanian language
The problem of Romanian language teaching in schools and universities is critical. Young people from the localities compact populated by national minorities do not speak fluent Romanian after leaving schools. According to the official data, only 30% of national minorities speak Romanian (40% – Ukrainians, 35% – Russians, 12% – Gagauz, 35% – Bulgarians). The state language is not practically taught in the higher education institutions (practically, only within the first year of education). It seems that the methodologies of the state language teaching in schools are imperfect (Romanian language, being de facto the foreign language for national minorities, is taught as a native language and not as a foreign one).
MASS MEDIA
There are no special mechanisms to support printed mass media in minority languages in Moldova. The periodicals in Ukrainian and Bulgarian languages appear accidentally, depending on the financial and organisational possibilities of ethno-cultural organisations.
The issue of TV and radio broadcast is also problematic. Before 2006 the Law on TV and Radio had been in force. According to that law, no less than 65% of programs broadcasting on the territory of Moldova had to be broadcasted 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 the cities of Chisinau and Balti, as well as some other districts in Moldova.
After adoption of the Audiovisual Code of the Republic of Moldova in 2006, another provisions came into force. According to them, the volume of the own and domestic production of informative and analytical nature broadcast in the official language shall make up not less than 65% until January 01, 2007. Starting with January 01, 2007 this production shall make up not less than 70%, and from January 01, 2010 – not less than 80%. These provisions are not applied to the regions where national minorities constitute the majority of population. Now, for example, TV and radio companies broadcasting most of their programs in national minorities’ languages can not be created in Chisinau (the number of national minorities is about 200,000 pers. – 25%) and, even, Balti (about 58,000 pers. – 47%).
PARTICIPATION IN THE DECISION-MAKING PROCESS
Representation in public authorities
There are no special mechanisms to ensure the real representation of national minorities in the public authorities, which reduce to zero guarantees foreseen by law.
Parliament and local councils
Persons belonging to national minorities are represented in the Parliament of the Republic of Moldova (their number permanently varies and constitute about 20%). However, representation of national minorities in the Parliament depends exclusively on the decisions of political parties to include minorities or not in the electoral lists. National minorities represented in the Parliament are constrained in their actions by the programs and priorities of parties. They are not responsible before ethnic communities, not being delegated by these groups of population.
According to the Law on Political Parties and Socio-Political Organisations (December 2007), in order to be registered, a party must have 4,000 active members in no less than half of administrative districts (32 districts, Chisinau, Balti, Gaguzia and Transnistria) and no less than 120 members in each district. Creation of regional parties is not permitted.
These provisions limit the possibility of national minorities from certain region to create their parties. For example, it is practically not possible to create parties of Gagauz and Bulgarians.
Executive authorities
No special mechanisms ensuring the real representation of national minorities are foreseen by the legislation. Moreover, the mechanism of competitive selection of public servants set forth in the legislation, 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 in decline. In the period 2001 – 2009 the following consultative bodies were liquidated: the Commission for Interethnic Relations by the President of the Republic of Moldova, guaranteed representation of national minorities in the Board of the “Teleradio-Moldova” Company. Also, the post of the Vice-Minister of Education – representative of national minorities responsible for education of minorities, as well as the Department for National Minorities Education by the Ministry of Education were liquidated.
Now the Coordinating Council of Ethno-Cultural Organisations functions by the Bureau of Interethnic Relations as an advisory body. Members of the Council are leaders of ethno-cultural nongovernmental associations of national minorities. The mechanisms of consultations with the Coordinating council do not exist. There is no real consideration of national minorities’ opinion by the state bodies and the mechanism of influence on the decisions taking by authorities.
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 provide 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 provide a significant improvements from the previous Action Plan for Roma.
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 being vandalised.
There are cases of ill-treatment. 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 priest 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.
Persons of African and Asian descent
Some persons of African and Asian descent have the citizenship of Moldova, but the majority of them are foreign citizens 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.
There are also cases of inadequate behavior of the police officers when people from Africa apply to them for protection. The police officers relate frivolously to such appeals, ignore or unwillingly react to them.
These persons 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 implementing the legislation is problematic. There are cases when the Parliament, the Government do not take into consideration the Moldovan Law on Languages when elaborating and adopting new legal acts.
Legal acts regulating interethnic relations and use of languages contain many discrepancies and gaps.
International acts
The Republic of Moldova should make additional efforts for:
– 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.
Interethnic relations in Moldova 