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COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORTS OF REPUBLIC OF MOLDOVA UNDER CONVENTION AND OPTIONAL PROTOCOL ON CHILDREN IN ARMED CONFLICT
20 January 2009
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Committee on the Rights of the Child
20 January 2009
The Committee on the Rights of the Child today reviewed the combined second and third periodic report of the Republic of Moldova on how that country is implementing the provisions of the Convention on the Rights of the Child. It also considered the Republic of Moldova’s initial report under the Optional Protocol on the involvement of children in armed conflict.
Galina Balmoº, Minister of Social Protection, Family and Child of the Republic of Moldova, introducing the periodic report, noted that, despite limited possibilities, great progress had been made in the implementation of the Convention on the Rights of the Child in the Republic of Moldova. In 2007, the Ministry of Social Protection, Family and Child had been established to protect the rights of families and children, including in the areas of adoption, the prevention and control of violence in families and trafficking of persons, including children. In terms of funding, social grants given to children had grown: there had been a 3.5-times increase in grants for children with disabilities and an eleven fold increase in assistance for families when a child was born. In 2008, the Republic of Moldova had adopted the Law on Social Grants, which made funds available to schoolchildren in need.
One of the priorities for the Republic of Moldova had been the reform of the boarding system and a focus on deinstitutionalization, Ms. Balmoº stressed. To that end, they had developed a strategy and plan of action on the reform of the boarding system for the period 2007-2012 and commissions on the protection of children in difficult situations had been set up in 36 administrative units. At the same time, the Government was developing alternative forms to the boarding system, including assistance to the family, day care, and foster homes. In another context, in 2008, the Law on the Prevention and Control of Domestic Violence had come into force, in which physical violence against children was specifically prohibited. Also in 2008, the law on the repatriation of persons and children victims of trafficking had been adopted, and recently a strategy for rehabilitating victims of trafficking, including children had been established. Areas for priority future action included preventing the social orphans phenomenon; increasing monitoring of tutelage bodies; consulting and enlisting local authorities in the combat against violence in the family; and introducing a mechanism to accredit and monitor child social workers.
Presenting the Republic of Moldova’s report under the Optional Protocol on the involvement of children in armed conflict, Igor Malai, the Deputy Minister of Defence of the Republic of Moldova, confirmed that the minimum age for recruitment and enlistment for military service was 18 years and that it was also prohibited by law to involve children in military activities. Moreover, considering that right now there were no military conflicts under way on the territory of the Republic, the possibility for children to be involved in armed conflict was ruled out.
In preliminary concluding observations, Committee Expert Nevena Vuckovic-Sahovic, who served as Rapporteur for the report of the Republic of Moldova under the Convention, said that the Committee's recommendations would probably centre on making the plans and programmes for children a reality on the ground, including through providing adequate financing. They would also address the painful issues related to the institutionalization of children, the reform of the quality of education and the further improvement of the already improved health system. The Republic of Moldova would have to work harder to protect children from violence in all settings.
In preliminary observations with regard to the Optional Protocol on the involvement of children in armed conflict, David Brent Parfitt, Committee Expert serving as Rapporteur for the initial report, noted that the Optional Protocol was being complied with in the main. There were just a few issues, surrounding the recruits between 16 and 18, and asylum-seekers affected by war, but they were basically minor issues.
The Committee will release its formal, written concluding observations and recommendations on the second and third periodic report of the Republic of Moldova, as well as its initial report under the Optional Protocol, towards the end of its three-week session, which will conclude on 30 January 2009.
The delegation of the Republic of Moldova included Tatiana Lapicus, Permanent Representative of the Republic of Moldova to the United Nations Office at Geneva, and other staff from the Permanent Mission, as well as representatives from the General Prosecutor's Office, the Ministry of Health, and the Ministry of Education and Youth of the Republic of Moldova.
As one of the 193 States parties to the Convention, and as a party to the Optional Protocol on the involvement of children in armed conflict, the Republic of Moldova is obliged to present reports to the Committee on its efforts to comply with the provisions of those instruments.
When the Committee reconvenes on Wednesday, 21 January, at 10 a.m., it will consider the second periodic report of the Democratic Republic of the Congo (CRC/C/COD/2).
Reports of the Republic of Moldova
According to the combined second and third periodic report of the Republic of Moldova (CRC/C/MDA/3), the Government of the Republic of Moldova implemented a number of projects financed by the European Union following the recommendations of the Committee on the Rights of the Child issued in 2002 on preventing institutionalization; improving social assistance for vulnerable families with children at risk; and reintegrating children into families and communities. As a result of the comments on the initial report, the Government undertook specific steps to involve non-governmental organizations (NGOs) in the implementation of the Convention and improved cooperation between State institutions and NGOs. Several NGOs supported by UNICEF Moldova organized training sessions on many issues in the Convention, including the participation of young people in decision-making, preventing high-risk behaviour among children and young people, social inclusion and juvenile justice. Children and specialists, i.e., teachers, people working with young people, psychologists, social assistants, doctors, lawyers, prosecutors and criminal prosecution officers, judges and employees of the penitentiary system all attended the training sessions.
With regard to children in care, according to data provided by Chisinau Municipality, the number of parents deprived of their parental rights is increasing, moving from 320 in 2004 to 505 in 2006. Children separated from their parents are usually cared for in residential institutions; however, given the development of alternative forms of institutionalization, during the reporting period the number of institutionalized children continued to decrease. As of 1 January 2007, the residential system was taking care of 11,096 children. The Republic of Moldova does not have a well-developed or well-defined national system for preventing institutionalization, but a model system for preventing institutionalization and redirecting children to foster care and modifications of the decision-making factors regarding the way children can be helped were tested in Moldova in three districts.
The initial report of the Republic of Moldova under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/MDA/1) begins by noting that the Moldovan authorities are unable to exercise effective control over the Transnistrian region, and therefore to present any relevant information on observance and implementation of the Optional Protocol in that region. The Law on the Preparation of Citizens for Homeland Defence states that only citizens of the Republic of Moldova between the ages of 18 to 27 may be conscripted into mandatory military service. The Republic of Moldova also does not permit voluntary recruitment into the armed forces under the age of 18 years and there is no provision authorizing the lowering of the age of conscription in exceptional circumstances. The Criminal Code establishes criminal liability for the recruitment of children for purpose of their use in hostilities, which entails criminal liability of 10 to 25 years imprisonment. The provisions of the Optional Protocol included in the Criminal Code also provide criminal liability for involving minors in military actions or propagation of war in their environment, which is punishable by 2 to 5 years in prison.
Presentation of Reports of the Republic of Moldova under the Convention and the Optional Protocol on the Involvement of Children in Armed Conflict
GALINA BALMOª, Minister of Social Protection, Family and Child of the Republic of Moldova, said that, despite limited possibilities great progress had been made in the implementation of the Convention on the Rights of the Child in the Republic of Moldova. In that connection, there had been many legislative measures taken, as well as programmes and activities undertaken in conjunction with other social actors.
In 2007, the Ministry of Social Protection, Family and Child had been established to protect the rights of families and children, including in the areas of adoption, the prevention and control of violence in families and trafficking of persons, including children, Ms. Balmoº said.
With regard to funding for children, Ms. Balmoº observed that, as compared with 2000, the social grants given to children had grown. There had been a doubling of the amount of compensation for the payment of utilities, a 3.5-times increase in grants for children with disabilities, and an eleven-fold increase in assistance for families when a child was born. In 2008, the Republic of Moldova had adopted the Law on Social Grants, which made funds available to schoolchildren in need.
In order to defend the right of the child to be brought up in a family, one of the priorities for the Republic of Moldova had been the reform of the boarding system and a focus on deinstitutionalization. To that end, they had developed a strategy and plan of action on the reform of the boarding system for the period 2007-2012. Commissions on the protection of children in difficult situations had been set up in 36 administrative units. At the same time, the Government was developing alternative forms to the boarding system, including assistance to the family, day care, and foster homes. In another context, in 2008, the Law on the Prevention and Control of Domestic Violence had come into force, in which physical violence against children was specifically prohibited. Also in 2008, the law on the repatriation of persons and children victims of trafficking had been established, and recently a strategy for rehabilitating victims of trafficking, including children, had been established.
With regard to social services and health, Ms. Balmoº said that, in 2007, the network for social assistance had been created, with 900 social workers to provide help to different victims. There had also been a wealth of programmes in the social services area that impacted on children, including the National Programme on Neonatal Health, the National Programme on Child Nutrition; the National Programme on HIV/AIDS; the National Programme on the Control of Tuberculosis; and the National Programme on Immunization and Childhood Diseases. As a result they had seen a constant fall in the rate of infant and maternal mortality.
Children under 18 were fully insured by the State and received free medical care, including medicines, Ms. Balmoº added, and the Government had strengthened medical care for children and adolescents, including screening and increased vaccination.
Turning to education, Ms. Balmoº noted that the new Code of Education of 20 December 2008 aimed to raise the standard of basic education by drawing up curricula, programmes, books and other pedagogical materials. Children received free textbooks, financed out of the State budget. In 2008 alone, over 3,000 computers were provided to schools. The Republic of Moldova took into account the religious, ethnic and cultural background of the schoolchildren and there was a possibility of studying in one's mother tongue, as well as learning about their culture.
With regard to juvenile justice, measures were being taken to provide alternative sentencing to deprivation of liberty for adolescents. And the numbers of children in detention were falling: as of 1 January 2008 there had been 143 adolescents in prison, as compared with just 24 adolescents on 1 January 2009. Another area where progress had been made was in the area of trafficking in children. In 2007, there had been 40 criminal convictions, and in 2008, 31.
Nevertheless the measures were insufficient to protect the rights of children in the Republic of Moldova, Ms. Balmoº recognized. Areas for priority future action included preventing the social orphans phenomenon; increasing monitoring of tutelage bodies; consulting and enlisting local authorities in the combat against violence in the family; introducing a mechanism to accredit and monitor child social workers; measures to prevent disabilities among children; measures to prevent alcoholism among children; and increasing measures to prevent morbidity rates among children and adolescents.
IGOR MALAI, the Deputy Minister of Defence of the Republic of Moldova, presenting the initial report under the Optional Protocol on the involvement of children in armed conflict, said that the Ministry of Defence was the responsible body for implementing the Protocol. The Republic of Moldova had a legislative base that corresponded with international standards.
The minimum age for recruitment and enlistment for military service was 18, Mr. Malai noted. It was also prohibited by law to involve children in military activities.
Moreover, considering that right now there were no military conflicts under way on the territory of the Republic, the possibility for children to be involved in armed conflict was ruled out, Mr. Malai observed.
Explaining the process of mandatory service, Mr. Malai said that, when they reached 18 years of age, male citizens were registered for military service. In the process of calling up citizens, the enlistment commission organized and carried out health, age and psychological inspections to ensure that they were acceptable for military service.
Regarding military schools, persons up to age 25 could be appointed as either observers or participants. Young persons enrolled in these institutions were considered to be enlisted in military services. Current enrolment in the military schools ranged from 18 year olds (7.9 per cent) to 25 (0.2 per cent), Mr. Malai noted.
With respect to asylum-seekers, those who were recognized as socially vulnerable by the United Nations Refugee Agency received grants from the Government, Mr. Malai said. At present there were approximately 65 refugee children from countries that were engaged in armed conflicts. National bodies, along with non-governmental organizations, were dealing with these children and were providing physical and psychological support to them, as well as needed medical assistance
As for the import and export of weapons, according to law, the Government was responsible for monitoring the purchase and sale of weapons, including to foreign States and foreign entities, Mr. Malai said. To sell weapons to foreign actors, a permit had to be obtained, following a verification of their credentials and other relevant information.
Mr. Malai concluded by observing that the laws of Republic of Moldova in this area had been brought into line with its international responsibilities, including under the Optional Protocol on the involvement of children in armed conflict.
Questions by Experts
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, commended the Republic of Moldova for all the efforts taken to implement the Convention; the previous recommendations of the Committee had been taken seriously and had been used as a tool by both the Government and national and international organizations working on children in the State party. Moldova was an example of a State party that had undertaken big legislative reform in the area of the rights of the child, in addition to the numerous plans and strategies for the child.
Turning to concerns, Ms. Vuckovic-Sahovic said the report did not provide the Committee with information that reflected the Republic of Moldova's readiness and capacity to address the root causes of certain problems. It had also admitted its ineffectiveness so far in collecting data, and that definitely presented an impediment to assessing, addressing, solving and evaluating solutions to children's rights issues.
Ms. Vuckovic-Sahovic was also very much concerned about the fact that the Republic of Moldova had declared in its report that it was unable to provide information on the situation of children in Transnistria, given the separatist movement in power there. That was a major concern as it meant that no one was reporting on the situation of children in that area. They needed to coordinate with other actors, such as the United Nations Children's Fund (UNICEF) and look at what could be done to facilitate reporting.
Other concerns expressed by Ms. Vuckovic-Sahovic included poverty; the real scope of the 1994 Law on the Rights of the Child; a lack of financing for implementation of the new legislation in the area of children's rights, in particular for the National Plan and Strategy for the Protection of Children against Violence; monitoring; and coordination of programmes and policies for children.
Finally, Ms. Vuckovic-Sahovic wondered what was happening with the National Council for Children, which had originally had a coordinating role in the area of children's issues but which had not been very efficient and had been inactive for years.
DAINIUS PURAS, the Committee Expert serving as co-Rapporteur for the report of the Republic of Moldova under the Convention, asked how the delegation would describe the quality of relations, including the level of trust, between governmental institutions and civil society, including non-governmental organizations (NGOs). Had NGOs, for example, been involved in programmes funded by foreign governmental and non-governmental organizations?
With regard to children's right to be heard and express their views, Mr. Puras also asked what was being done to implement the principle of participation, as a basic principle for protecting the rights of children and creating a strong civil society.
Other Experts then raised a series of questions pertaining to, among other things, the Children's Ombudsman's role and whether she would be able to report to the Committee during the next review; a lack of information on actual court cases brought under the new legislation enacted or in which the Convention had been invoked; and measures to ensure birth registration in rural areas, among asylum-seekers, refugees, and the Roma community.
Response by the Delegation
Responding to these questions and others, the delegation said, with regard to coordination on children's issues, since its establishment in 2007, the Ministry for Social Protection, Family and Child had been responsible for coordination of the efforts of all State structures with regard to children.
With regard to the involvement of NGOs, it was recalled that the National Strategy on Child and Family Protection had been developed in coordination with non-governmental organizations, as well as local government actors.
The 1994 Law on the Rights of Children, an umbrella law grouping together all aspects of children's law, was in full conformity with the Convention on the Rights of the Child, the delegation confirmed.
On poverty, the delegation recalled the adoption of the 2008 Law on Social Allowance, which had changed the rules for making social grants. Previously the granting of social benefits had been dependent on the category in which a particular person or family fell into. The main criterion under the new law was need.
As for Transnistria, that was not a region that the Republic of Moldova really governed or administered. Nevertheless, while it did not have full control, there had been attempts to try and work together, in particular at the local level certain structures were in place, and very good assistance had been received from UNICEF, the International Organization for Migration and the Organization for Security and Cooperation in Europe. Some six children had been repatriated to Transnistria with the help of those bodies, which had helped to assist dialogue between the Government and the authorities there. At the level of social services, including health and education, the Government had been able to cooperate with those in Transnistria to provide services.
As for coordination at the national level, the National Council for Protecting Children's Rights was a State Committee, headed by the Vice Prime Minister. It contained representatives of the Government ministries, trade unions, and non-governmental organizations. Last year, the Council had held hearings on the implementation of the Strategy on Child and Family Protection. The Council met at least once every three months to look at child protection issues, the delegation said.
In 2007, the Ministry of Social Protection, the Family and Child had worked together with international organizations such as UNICEF, as well as other ministries, signing memorandums of agreement in spheres such as child protection or trafficking. In that way, the Government was actively working to coordinate policy on children.
In the area of trafficking in persons, a memorandum had been signed with international organizations, the Ministry of Public Administration, and the Ministry of the Interior, and a district-level shelter had been established, the delegation said.
As for working with NGOs, there were more than 2,500 such organizations in the Republic of Moldova, some two thirds of which worked on social issues. There were both regional-level and national-level NGOs, which worked with public administrative structures. The Government did help to finance those NGOs, for example by providing buildings and paying salaries etc.
The Children's Ombudsman had been operational only since September. It was too early to talk about major achievements, but it was hoped that that institution would be an effective one, the delegation said, and it was not foreseen that any obstacle would be put to the Children's Ombudsman providing information to the Committee, just as NGOs had done in the past.
With regard to the right of children to be heard and their participation, at each school district level there was a children's committee via which children could participate in village-level decisions, the delegation said. There was the so-called Children's Parliament at the regional level. In addition the National Parliament expressed interest in children's views by holding dialogues with children's groups.
On the situation of Roma children, in 2006-2007, the Republic of Moldova had adopted a law setting up a partnership with the Roma in all areas. The Ministry of Education was carrying out action for the education of Roma children, which focused on ensuring that all Roma children attended schools, including through providing assistance to all Roma families, and free food, textbooks and school uniforms for the children and the provision of Roma language books and teachers. Achievements in that area included an improvement in attendance figures: on 1 November 2007 there had been 41 children that did not go to school, and that number fell to 14 as at 1 November 2008. A Roma school had been opened, and two social mediators had been engaged. Among challenges were the lack of interest on the part of the Roma in participating in the programme and the overall low level of education of the Roma in the country. In spite of that, the Roma were fairly well integrated into Moldovan society. For the most part, they did not want separate institutions and education in their native tongue, the delegation concluded.
Regarding birth registration, the delegation said that, to address a lack of registrations, a new programme whereby each maternity hospital contained a registry office had been established. Mothers were not allowed to leave the hospital until their children were registered. In the Republic of Moldova 99 per cent of children were born in such hospitals. For children born at home, they were still taken to hospital for check ups and were thereby also covered for registration. It was considered that those measures would fully take care of the problem of registration in the Republic of Moldova and the problem would disappear entirely.
Concerning adolescent health, a number of family planning centres had been opened in the Republic of Moldova and assistance for teenage mothers and counselling for teens covered the Transnistrian region as well, the delegation affirmed.
Regarding the more than 200,000 children in Transnistria and how their right to be educated in their own language was defended, the delegation said that funding for the education of those children, including for transportation, for refurbishing of school facilities, training of teachers and others was provided by the national budget.
Further Questions by Experts
During the second round of questions, DAINIUS PURAS, the Committee Expert serving as co-Rapporteur for the report of the Republic of Moldova under the Convention, noted that the Republic of Moldova had inherited from the Soviet era a system of human services which were good in quantity and sometimes in quality. In that connection, what was the current situation of integration of children with disabilities in the education system? For mentally disabled children, including the severely mentally disabled, could they expect to receive special education at home or would they automatically be recommended for institutionalization?
Mr. Puras asked if there was a national programme on children's mental health, and if not urged the Republic of Moldova to adopt one including the issues of prevention, promotion, treatment and rehabilitation, with a strong emphasis on the promotion of children's rights.
Other issues Mr. Puras focused on were the problem of children left behind when their parents emigrated for work; and issues of violence, including bullying and domestic violence, and what was being done to address the core reasons.
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, was concerned that child exploitation was widespread in the Republic of Moldova and protection from child exploitation appeared to be failing. Although the Republic of Moldova admitted that that was a problem, sufficient information had not been provided. Abuse of drugs and alcohol was also increasing, and the report acknowledged the other social problems, such as increased criminality, that that engendered. What was being done in the areas of prevention, including via awareness raising and the gathering of statistics in these areas?
Other Experts asked further questions on topics including long prison sentences for minors – as long as 12 years; detention limits; programmes for repeat offenders; statistics on Roma children in institutional facilities, and reports that they were over represented in the care system; and information in the report that almost 100 per cent of all children in the Republic of Moldova were subjected to physical and verbal abuse, and what prevention measures were being taken, including through training of parents and professionals working with children.
An Expert was concerned about regulations for foster families, including that such families host a minimum of seven children per family. That was to professionalize foster care and to turn it into a form of institutional group home.
On education, an Expert was concerned about extra, indirect costs that had to be borne by parents; groups of children that were not enrolled in schools, including disabled and Roma children; a lack of teachers – with a reported 2,000 vacancies; too many untrained teachers; and old fashioned rote-learning methods and a lack of child-centred learning.
Among other concerns expressed by Experts was further information on the involvement of children in economic activities; commercial sexual exploitation of children, and a lack of prosecutions; whether the Government had extraterritorial jurisdiction in child trafficking and child sexual exploitation cases; child poverty, and measures to address it; whether poverty was a reason for relegating children to institutional care; a formal guardianship system for children left behind by parents who had migrated for economic reasons; and adoption laws. With regard to adolescents, an Expert was concerned by reports of high levels of teenage pregnancies and of adolescent suicides and asked what programmes were specifically targeted to adolescents in the health area with a view to combating those high rates?
Response by Delegation
Responding to those and other questions, on the monitoring and control of legislation, the delegation said that each Ministry had a monitoring unit responsible for checking that legislation as implemented and to render an account. For the relevant ministries, including the Ministry of Health and the Ministry of Social Protection, Family and Child there was an advisory body, the Committee on the Protection of the Rights of the Child, which received monitoring reports in this area.
The Ministry of Social Protection, the Family and Child had drawn up a draft law on the automatization of the collection of data on children, the delegation said. In 2007, the Ministry had worked out a strategy for vulnerable children, and following the recently adopted law on social allowances, the World Bank had granted resources for the setting up of a database on social protection issues.
The delegation noted that the legal age for marriage had recently been brought into line with international standards, and had been set at 18 for boys and girls.
Turning to the issue of children with disabilities, the Ministry of Social Protection had drawn up a strategy to address the situation of such children. There were two centres under the Ministry for children with very serious disabilities, one for boys and one for girls, where the children were cared for full-time, for which the Government allocated considerable financing. For children who could study, but had certain handicaps, special programmes were available that did not require institutionalization.
To protect children of parents who worked abroad, the Government had recently signed into law, on 1 January 2009, a requirement that such parents sign a legal document setting up a legal guardian for such children. The social centres for children that had been established were also benefiting such families. To try and prevent such economic migration and to improve the socio-economic situation of Moldavians, in January 2009, one of the Government's first actions had been to increase the minimum wage by 50 per cent.
On trafficking, the delegation noted that the Republic of Moldova had ratified the United Nations Convention on Transnational Organized Crime and its two protocols, on trafficking in persons, especially women and children, and on the smuggling of migrants. Laws had also been enacted to increase penalties for such crimes, and more recently, a law on trafficking had been adopted which contained a separate chapter on the issue of trafficking in children. In terms of the reality on the ground, there had been a decline in trafficking, and in trafficking in children, over the past three years. Child traffickers were prosecuted, and there had been about 10 cases of prosecutions in this area. Extraterritorial jurisdiction for such crimes was applicable and had been used in several cases.
With regard to the sale of children, child prostitution and child pornography, the Republic of Moldova had ratified all the relevant international instruments in that area, including the Optional Protocol on the sale of children, child prostitution and child pornography, and was implementing them. In 2007, 140 cases of sexual exploitation of minors had been registered. The Government was now working on training personnel, including police officers and prosecutors, in this area.
The delegation did not consider child labour to be a significant issue in the Republic of Moldova as the cases were not widespread. A Committee Expert had cited the situation of rural children in particular, and perhaps the involvement of children in work was more prevalent in rural areas. However mechanisms had been established to inform parents about the law and the harms associated with child labour, as well as to prosecute those who did not abide by the law.
As for tough sentences for juvenile offenders, the delegation noted that whatever sentence was handed down, they were often reduced in the case of juveniles to one third of their original length. A special section in the Code of Criminal Procedure covered juvenile justice issues. The detention of juveniles was considered an exceptional measure, and was only used in cases involving serious matters concerning violence. Detention could be up to 72 hours for adults, but was only 24 hours for juveniles before being presented to a magistrate. Following a decision to continue detention, juveniles could be held for a maximum of four months.
Regarding the reform of the health sector, among others, starting from 2007, health insurance was provided free to children and pregnant mothers; a new rehabilitative care centre for children had opened with specialists in pedopsychiatry and others; and a follow-up unit had been established for premature children or children born with birth defects to follow their development to age two. In 2006 and 2007 a special office had been opened in maternity wards and clinics to promote healthy children. There had also been broad publicity campaigns to make known both the services available to mothers and children, and to raise awareness about childhood diseases and preventive measures. As a result, polio had been eradicated in Moldova and only isolated cases of measles occurred.
With regard to breastfeeding, the delegation said that last year about 75 per cent of children were being breastfed up to six months.
There were temporary centres for the reception and rehabilitation of children under age seven without parental care. Those centres also provided alternatives for institutional care, including a programme for teenage mothers who were unable to care for their children alone. They provided support and shelter for those mothers up to three months, and there was a high rate of those mothers subsequently keeping their children.
Adolescent heath was an urgent problem and they were trying to address that issue. It was recognized that confidentiality, as well as an integrated approach, were essential. At present 12 centres for young people had been opened and they were up and running.
Regarding enrolment, great progress had been made in ensuring all children were in school. In the 2001-2002 school year, some 3,980 children were not in school. That number had fallen every year, and by the beginning of the school year, in November 2008, only 42 children were not in school. More than 6,000 school children received material help to go to school last year. To prevent dropouts, closer connections had been forged with the educational management authorities and human rights defenders.
With regard to parents' associations working with schools, their number had increased in recent years. They were registered with the Ministry and the local authorities and they provided significant help to schoolchildren through, inter alia, the provision of teaching materials, building materials for school buildings, and providing support for gifted children and children from poor families.
Questions by Experts under the Optional Protocol on the Involvement of Children in Armed Conflict
DAVID BRENT PARFITT, Committee Expert serving as Rapporteur for the report under the Optional Protocol on the involvement of children in armed conflict, began by noting that the Republic of Moldova was more or less in complete compliance with the Optional Protocol on the involvement of children in armed conflict. However, with regard to recruitment, 16 year-olds were called up to register for the mandatory service. In addition, there was a provision whereby a 17 year old could go to military school. Was that child then listed as a military person and subject to military law, or did they retain their civil status?
On the issue of extraterritorial jurisdiction and criminal sanctions on recruitment, Mr. Parfitt asked if that applied to individuals that recruited not for national forces but for other armed groups.
In particular, was there active recruitment by the separatist forces in the Transnistrian Region out of Moldova and would the laws against child recruitment apply in that case? Also, could the Government prosecute a non-national present on the territory who had committed crimes of child recruitment abroad, or cases in which Moldavian children had been recruited abroad, Mr. Parfitt asked?
Finally, with regard to the sale of weapons, Mr. Parfitt wondered if the Ministry in charge of monitoring such sales was aware of the Optional Protocol and its provisions?
Other Experts asked questions on topics including whether children who had been affected by domestic uprisings in recent years had received rehabilitative care; whether professionals working with children were aware of the Optional Protocol; and whether peace education was part of the curricula for schoolchildren, as well as for the general population.
Responses by the Delegation
In response to questions by Experts with regard to the implementation of the Optional Protocol on the involvement of children in armed conflict, the delegation said, as regarded recruits, and those who were called up at 16, it should first be noted that "recruits" was perhaps not the right word. It was really a question of registering for recruitment rather than recruitment itself. Those called to register were not in any way under the control of the Military, subject to military law, or required to carry out military obligations. Those who had been registered were inspected by the Ministry of Defence and the Ministry of Health to ensure their fitness for service and received general training on the rules applicable to the military, including international conventions.
With regard to extraterritoriality, even if recruitment of children was carried out by a non-national on the territory of the Republic of Moldova or by a Moldavian on the territory of another state, that was a punishable offence under the law, the delegation said.
There were no cases of involving under age persons in the military in the Republic of Moldova. There were some paramilitary organizations, which were not State organizations that might try to do so, however, the delegation said.
On small arms, legislation said that citizens had the right to bear personal weapons only once they reached the age of 18. Under 18, no one was allowed to carry or use weapons. That was ensured via the bureau of licensing, which carried out periodic checks to ensure that the regulations were being respected.
The sale of weapons to States where child soldiers were presented on the territory was banned in national legislation, the delegation said, and the authorities involved in monitoring such weapons sales looked into those cases and those legal persons.
There was only one higher military establishment for teaching of military officers, for border guards and for the army, the delegation said. In the Institute persons 17 and over could be admitted. However, those who were admitted under the age of 18 were not subject to military service and could not under any circumstance therefore be involved in armed conflicts. Those under 18 were merely students or trainees and were not covered by military legislation. They were free not to continue with their military training and could return to a civilian school if they wished. Such students only became soldiers at the age of 18, after taking the military oath and signing a contract whereby they were subject to the law of the military and had the status of "contract soldiers".
Starting in 1990 a number of steps had been taken relating to the Constitution to ensure that children were not involved in armed conflicts and there was no data showing evidence of such children in the country. However, there was no record of how many children might have been affected by armed conflicts, the delegation noted.
Further Questions by Experts
In further questions Experts asked whether, despite protections, there had been any cases involving sale of weapons to territories where child soldiers were used; if the Optional Protocol was disseminated to children in the schools and to the general public; how intrusive the recruitment process was in a child's life, for example, how frequently were they required to submit to tests or training; whether the most vulnerable children were targeted for voluntary recruitment; and whether the Ombudsman had jurisdiction over the military.
Response by the Delegation
Responding to those questions and others, the delegation said there had been a case of the sale of MIG-29 planes which had been intended for another country but, following receipt of information that they might be used in armed conflicts, had been sold to the United States. Last year, there had been information that in the armed conflict in Georgia ammunition had been used that had been left by the Soviet Union in the Republic of Moldova. However, investigations carried out by Experts subsequently had determined that that information was false.
Regarding complaints against recruitment methods, the publicity provided was with regard to patriotic aims – the need to defend the homeland – and did not highlight financial aspects, the delegation said.
As for dissemination, by the age of 18, all children had learned about the Convention and the Protocol. Through courses in legal issues and children's rights, children had all learned that they had the right not to be involved in armed conflict under the laws of the Republic of Moldova.
Concerning the involvement of children between the age of 16 and 18 in the recruitment process, they were only called up once, when they had the principles of military service explained to them and to identify what type of troops they would like to participate in. They were also informed of alternative military service. They could not be called up more than three times for medical check ups or for the gathering of statistical information.
There was an institution known as the Inspectorate that dealt with monitoring and to which any citizen could lodge a complaint regarding the military. In addition, the unit had hotlines whereby any citizen could make anonymous complaints about his military service. The Ombudsman could also receive a complaint from any citizen, including children, regarding violations of their rights, including violations under the Optional Protocol, the delegation noted.
Preliminary Concluding Observations
DAVID BRENT PARFITT, Committee Expert serving as Rapporteur for the report under the Optional Protocol on the involvement of children in armed conflict, thanked the delegation on the Optional Protocol, which was being complied with in the main. There were just a few issues, surrounding the recruits between 16 and 18, and asylum-seekers affected by war, but they were basically minor issues
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, in preliminary concluding observations, said that by now the Republic of Moldova had undergone a huge process of changing its legislation, drafting a lots of plans and strategies. She believed that the next time the delegation came back to the Committee it would come with a lot of data and statistics on what was happening on the ground.
Ms. Vuckovic-Sahovic said the Committee's recommendations would probably centre on making the good plans and programmes a reality on the ground, including through providing adequate financing. They would also address the painful issues related to the institutionalization of children, the reform of the quality of education, and the further improvement of the already improved health system. And, again and again, together with the rest of Europe, the Republic of Moldova would have to work harder to protect children from violence in all settings.
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For use of the information media; not an official record
20 January 2009
The Committee on the Rights of the Child today reviewed the combined second and third periodic report of the Republic of Moldova on how that country is implementing the provisions of the Convention on the Rights of the Child. It also considered the Republic of Moldova’s initial report under the Optional Protocol on the involvement of children in armed conflict.
Galina Balmoº, Minister of Social Protection, Family and Child of the Republic of Moldova, introducing the periodic report, noted that, despite limited possibilities, great progress had been made in the implementation of the Convention on the Rights of the Child in the Republic of Moldova. In 2007, the Ministry of Social Protection, Family and Child had been established to protect the rights of families and children, including in the areas of adoption, the prevention and control of violence in families and trafficking of persons, including children. In terms of funding, social grants given to children had grown: there had been a 3.5-times increase in grants for children with disabilities and an eleven fold increase in assistance for families when a child was born. In 2008, the Republic of Moldova had adopted the Law on Social Grants, which made funds available to schoolchildren in need.
One of the priorities for the Republic of Moldova had been the reform of the boarding system and a focus on deinstitutionalization, Ms. Balmoº stressed. To that end, they had developed a strategy and plan of action on the reform of the boarding system for the period 2007-2012 and commissions on the protection of children in difficult situations had been set up in 36 administrative units. At the same time, the Government was developing alternative forms to the boarding system, including assistance to the family, day care, and foster homes. In another context, in 2008, the Law on the Prevention and Control of Domestic Violence had come into force, in which physical violence against children was specifically prohibited. Also in 2008, the law on the repatriation of persons and children victims of trafficking had been adopted, and recently a strategy for rehabilitating victims of trafficking, including children had been established. Areas for priority future action included preventing the social orphans phenomenon; increasing monitoring of tutelage bodies; consulting and enlisting local authorities in the combat against violence in the family; and introducing a mechanism to accredit and monitor child social workers.
Presenting the Republic of Moldova’s report under the Optional Protocol on the involvement of children in armed conflict, Igor Malai, the Deputy Minister of Defence of the Republic of Moldova, confirmed that the minimum age for recruitment and enlistment for military service was 18 years and that it was also prohibited by law to involve children in military activities. Moreover, considering that right now there were no military conflicts under way on the territory of the Republic, the possibility for children to be involved in armed conflict was ruled out.
In preliminary concluding observations, Committee Expert Nevena Vuckovic-Sahovic, who served as Rapporteur for the report of the Republic of Moldova under the Convention, said that the Committee's recommendations would probably centre on making the plans and programmes for children a reality on the ground, including through providing adequate financing. They would also address the painful issues related to the institutionalization of children, the reform of the quality of education and the further improvement of the already improved health system. The Republic of Moldova would have to work harder to protect children from violence in all settings.
In preliminary observations with regard to the Optional Protocol on the involvement of children in armed conflict, David Brent Parfitt, Committee Expert serving as Rapporteur for the initial report, noted that the Optional Protocol was being complied with in the main. There were just a few issues, surrounding the recruits between 16 and 18, and asylum-seekers affected by war, but they were basically minor issues.
The Committee will release its formal, written concluding observations and recommendations on the second and third periodic report of the Republic of Moldova, as well as its initial report under the Optional Protocol, towards the end of its three-week session, which will conclude on 30 January 2009.
The delegation of the Republic of Moldova included Tatiana Lapicus, Permanent Representative of the Republic of Moldova to the United Nations Office at Geneva, and other staff from the Permanent Mission, as well as representatives from the General Prosecutor's Office, the Ministry of Health, and the Ministry of Education and Youth of the Republic of Moldova.
As one of the 193 States parties to the Convention, and as a party to the Optional Protocol on the involvement of children in armed conflict, the Republic of Moldova is obliged to present reports to the Committee on its efforts to comply with the provisions of those instruments.
When the Committee reconvenes on Wednesday, 21 January, at 10 a.m., it will consider the second periodic report of the Democratic Republic of the Congo (CRC/C/COD/2).
Reports of the Republic of Moldova
According to the combined second and third periodic report of the Republic of Moldova (CRC/C/MDA/3), the Government of the Republic of Moldova implemented a number of projects financed by the European Union following the recommendations of the Committee on the Rights of the Child issued in 2002 on preventing institutionalization; improving social assistance for vulnerable families with children at risk; and reintegrating children into families and communities. As a result of the comments on the initial report, the Government undertook specific steps to involve non-governmental organizations (NGOs) in the implementation of the Convention and improved cooperation between State institutions and NGOs. Several NGOs supported by UNICEF Moldova organized training sessions on many issues in the Convention, including the participation of young people in decision-making, preventing high-risk behaviour among children and young people, social inclusion and juvenile justice. Children and specialists, i.e., teachers, people working with young people, psychologists, social assistants, doctors, lawyers, prosecutors and criminal prosecution officers, judges and employees of the penitentiary system all attended the training sessions.
With regard to children in care, according to data provided by Chisinau Municipality, the number of parents deprived of their parental rights is increasing, moving from 320 in 2004 to 505 in 2006. Children separated from their parents are usually cared for in residential institutions; however, given the development of alternative forms of institutionalization, during the reporting period the number of institutionalized children continued to decrease. As of 1 January 2007, the residential system was taking care of 11,096 children. The Republic of Moldova does not have a well-developed or well-defined national system for preventing institutionalization, but a model system for preventing institutionalization and redirecting children to foster care and modifications of the decision-making factors regarding the way children can be helped were tested in Moldova in three districts.
The initial report of the Republic of Moldova under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/MDA/1) begins by noting that the Moldovan authorities are unable to exercise effective control over the Transnistrian region, and therefore to present any relevant information on observance and implementation of the Optional Protocol in that region. The Law on the Preparation of Citizens for Homeland Defence states that only citizens of the Republic of Moldova between the ages of 18 to 27 may be conscripted into mandatory military service. The Republic of Moldova also does not permit voluntary recruitment into the armed forces under the age of 18 years and there is no provision authorizing the lowering of the age of conscription in exceptional circumstances. The Criminal Code establishes criminal liability for the recruitment of children for purpose of their use in hostilities, which entails criminal liability of 10 to 25 years imprisonment. The provisions of the Optional Protocol included in the Criminal Code also provide criminal liability for involving minors in military actions or propagation of war in their environment, which is punishable by 2 to 5 years in prison.
Presentation of Reports of the Republic of Moldova under the Convention and the Optional Protocol on the Involvement of Children in Armed Conflict
GALINA BALMOª, Minister of Social Protection, Family and Child of the Republic of Moldova, said that, despite limited possibilities great progress had been made in the implementation of the Convention on the Rights of the Child in the Republic of Moldova. In that connection, there had been many legislative measures taken, as well as programmes and activities undertaken in conjunction with other social actors.
In 2007, the Ministry of Social Protection, Family and Child had been established to protect the rights of families and children, including in the areas of adoption, the prevention and control of violence in families and trafficking of persons, including children, Ms. Balmoº said.
With regard to funding for children, Ms. Balmoº observed that, as compared with 2000, the social grants given to children had grown. There had been a doubling of the amount of compensation for the payment of utilities, a 3.5-times increase in grants for children with disabilities, and an eleven-fold increase in assistance for families when a child was born. In 2008, the Republic of Moldova had adopted the Law on Social Grants, which made funds available to schoolchildren in need.
In order to defend the right of the child to be brought up in a family, one of the priorities for the Republic of Moldova had been the reform of the boarding system and a focus on deinstitutionalization. To that end, they had developed a strategy and plan of action on the reform of the boarding system for the period 2007-2012. Commissions on the protection of children in difficult situations had been set up in 36 administrative units. At the same time, the Government was developing alternative forms to the boarding system, including assistance to the family, day care, and foster homes. In another context, in 2008, the Law on the Prevention and Control of Domestic Violence had come into force, in which physical violence against children was specifically prohibited. Also in 2008, the law on the repatriation of persons and children victims of trafficking had been established, and recently a strategy for rehabilitating victims of trafficking, including children, had been established.
With regard to social services and health, Ms. Balmoº said that, in 2007, the network for social assistance had been created, with 900 social workers to provide help to different victims. There had also been a wealth of programmes in the social services area that impacted on children, including the National Programme on Neonatal Health, the National Programme on Child Nutrition; the National Programme on HIV/AIDS; the National Programme on the Control of Tuberculosis; and the National Programme on Immunization and Childhood Diseases. As a result they had seen a constant fall in the rate of infant and maternal mortality.
Children under 18 were fully insured by the State and received free medical care, including medicines, Ms. Balmoº added, and the Government had strengthened medical care for children and adolescents, including screening and increased vaccination.
Turning to education, Ms. Balmoº noted that the new Code of Education of 20 December 2008 aimed to raise the standard of basic education by drawing up curricula, programmes, books and other pedagogical materials. Children received free textbooks, financed out of the State budget. In 2008 alone, over 3,000 computers were provided to schools. The Republic of Moldova took into account the religious, ethnic and cultural background of the schoolchildren and there was a possibility of studying in one's mother tongue, as well as learning about their culture.
With regard to juvenile justice, measures were being taken to provide alternative sentencing to deprivation of liberty for adolescents. And the numbers of children in detention were falling: as of 1 January 2008 there had been 143 adolescents in prison, as compared with just 24 adolescents on 1 January 2009. Another area where progress had been made was in the area of trafficking in children. In 2007, there had been 40 criminal convictions, and in 2008, 31.
Nevertheless the measures were insufficient to protect the rights of children in the Republic of Moldova, Ms. Balmoº recognized. Areas for priority future action included preventing the social orphans phenomenon; increasing monitoring of tutelage bodies; consulting and enlisting local authorities in the combat against violence in the family; introducing a mechanism to accredit and monitor child social workers; measures to prevent disabilities among children; measures to prevent alcoholism among children; and increasing measures to prevent morbidity rates among children and adolescents.
IGOR MALAI, the Deputy Minister of Defence of the Republic of Moldova, presenting the initial report under the Optional Protocol on the involvement of children in armed conflict, said that the Ministry of Defence was the responsible body for implementing the Protocol. The Republic of Moldova had a legislative base that corresponded with international standards.
The minimum age for recruitment and enlistment for military service was 18, Mr. Malai noted. It was also prohibited by law to involve children in military activities.
Moreover, considering that right now there were no military conflicts under way on the territory of the Republic, the possibility for children to be involved in armed conflict was ruled out, Mr. Malai observed.
Explaining the process of mandatory service, Mr. Malai said that, when they reached 18 years of age, male citizens were registered for military service. In the process of calling up citizens, the enlistment commission organized and carried out health, age and psychological inspections to ensure that they were acceptable for military service.
Regarding military schools, persons up to age 25 could be appointed as either observers or participants. Young persons enrolled in these institutions were considered to be enlisted in military services. Current enrolment in the military schools ranged from 18 year olds (7.9 per cent) to 25 (0.2 per cent), Mr. Malai noted.
With respect to asylum-seekers, those who were recognized as socially vulnerable by the United Nations Refugee Agency received grants from the Government, Mr. Malai said. At present there were approximately 65 refugee children from countries that were engaged in armed conflicts. National bodies, along with non-governmental organizations, were dealing with these children and were providing physical and psychological support to them, as well as needed medical assistance
As for the import and export of weapons, according to law, the Government was responsible for monitoring the purchase and sale of weapons, including to foreign States and foreign entities, Mr. Malai said. To sell weapons to foreign actors, a permit had to be obtained, following a verification of their credentials and other relevant information.
Mr. Malai concluded by observing that the laws of Republic of Moldova in this area had been brought into line with its international responsibilities, including under the Optional Protocol on the involvement of children in armed conflict.
Questions by Experts
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, commended the Republic of Moldova for all the efforts taken to implement the Convention; the previous recommendations of the Committee had been taken seriously and had been used as a tool by both the Government and national and international organizations working on children in the State party. Moldova was an example of a State party that had undertaken big legislative reform in the area of the rights of the child, in addition to the numerous plans and strategies for the child.
Turning to concerns, Ms. Vuckovic-Sahovic said the report did not provide the Committee with information that reflected the Republic of Moldova's readiness and capacity to address the root causes of certain problems. It had also admitted its ineffectiveness so far in collecting data, and that definitely presented an impediment to assessing, addressing, solving and evaluating solutions to children's rights issues.
Ms. Vuckovic-Sahovic was also very much concerned about the fact that the Republic of Moldova had declared in its report that it was unable to provide information on the situation of children in Transnistria, given the separatist movement in power there. That was a major concern as it meant that no one was reporting on the situation of children in that area. They needed to coordinate with other actors, such as the United Nations Children's Fund (UNICEF) and look at what could be done to facilitate reporting.
Other concerns expressed by Ms. Vuckovic-Sahovic included poverty; the real scope of the 1994 Law on the Rights of the Child; a lack of financing for implementation of the new legislation in the area of children's rights, in particular for the National Plan and Strategy for the Protection of Children against Violence; monitoring; and coordination of programmes and policies for children.
Finally, Ms. Vuckovic-Sahovic wondered what was happening with the National Council for Children, which had originally had a coordinating role in the area of children's issues but which had not been very efficient and had been inactive for years.
DAINIUS PURAS, the Committee Expert serving as co-Rapporteur for the report of the Republic of Moldova under the Convention, asked how the delegation would describe the quality of relations, including the level of trust, between governmental institutions and civil society, including non-governmental organizations (NGOs). Had NGOs, for example, been involved in programmes funded by foreign governmental and non-governmental organizations?
With regard to children's right to be heard and express their views, Mr. Puras also asked what was being done to implement the principle of participation, as a basic principle for protecting the rights of children and creating a strong civil society.
Other Experts then raised a series of questions pertaining to, among other things, the Children's Ombudsman's role and whether she would be able to report to the Committee during the next review; a lack of information on actual court cases brought under the new legislation enacted or in which the Convention had been invoked; and measures to ensure birth registration in rural areas, among asylum-seekers, refugees, and the Roma community.
Response by the Delegation
Responding to these questions and others, the delegation said, with regard to coordination on children's issues, since its establishment in 2007, the Ministry for Social Protection, Family and Child had been responsible for coordination of the efforts of all State structures with regard to children.
With regard to the involvement of NGOs, it was recalled that the National Strategy on Child and Family Protection had been developed in coordination with non-governmental organizations, as well as local government actors.
The 1994 Law on the Rights of Children, an umbrella law grouping together all aspects of children's law, was in full conformity with the Convention on the Rights of the Child, the delegation confirmed.
On poverty, the delegation recalled the adoption of the 2008 Law on Social Allowance, which had changed the rules for making social grants. Previously the granting of social benefits had been dependent on the category in which a particular person or family fell into. The main criterion under the new law was need.
As for Transnistria, that was not a region that the Republic of Moldova really governed or administered. Nevertheless, while it did not have full control, there had been attempts to try and work together, in particular at the local level certain structures were in place, and very good assistance had been received from UNICEF, the International Organization for Migration and the Organization for Security and Cooperation in Europe. Some six children had been repatriated to Transnistria with the help of those bodies, which had helped to assist dialogue between the Government and the authorities there. At the level of social services, including health and education, the Government had been able to cooperate with those in Transnistria to provide services.
As for coordination at the national level, the National Council for Protecting Children's Rights was a State Committee, headed by the Vice Prime Minister. It contained representatives of the Government ministries, trade unions, and non-governmental organizations. Last year, the Council had held hearings on the implementation of the Strategy on Child and Family Protection. The Council met at least once every three months to look at child protection issues, the delegation said.
In 2007, the Ministry of Social Protection, the Family and Child had worked together with international organizations such as UNICEF, as well as other ministries, signing memorandums of agreement in spheres such as child protection or trafficking. In that way, the Government was actively working to coordinate policy on children.
In the area of trafficking in persons, a memorandum had been signed with international organizations, the Ministry of Public Administration, and the Ministry of the Interior, and a district-level shelter had been established, the delegation said.
As for working with NGOs, there were more than 2,500 such organizations in the Republic of Moldova, some two thirds of which worked on social issues. There were both regional-level and national-level NGOs, which worked with public administrative structures. The Government did help to finance those NGOs, for example by providing buildings and paying salaries etc.
The Children's Ombudsman had been operational only since September. It was too early to talk about major achievements, but it was hoped that that institution would be an effective one, the delegation said, and it was not foreseen that any obstacle would be put to the Children's Ombudsman providing information to the Committee, just as NGOs had done in the past.
With regard to the right of children to be heard and their participation, at each school district level there was a children's committee via which children could participate in village-level decisions, the delegation said. There was the so-called Children's Parliament at the regional level. In addition the National Parliament expressed interest in children's views by holding dialogues with children's groups.
On the situation of Roma children, in 2006-2007, the Republic of Moldova had adopted a law setting up a partnership with the Roma in all areas. The Ministry of Education was carrying out action for the education of Roma children, which focused on ensuring that all Roma children attended schools, including through providing assistance to all Roma families, and free food, textbooks and school uniforms for the children and the provision of Roma language books and teachers. Achievements in that area included an improvement in attendance figures: on 1 November 2007 there had been 41 children that did not go to school, and that number fell to 14 as at 1 November 2008. A Roma school had been opened, and two social mediators had been engaged. Among challenges were the lack of interest on the part of the Roma in participating in the programme and the overall low level of education of the Roma in the country. In spite of that, the Roma were fairly well integrated into Moldovan society. For the most part, they did not want separate institutions and education in their native tongue, the delegation concluded.
Regarding birth registration, the delegation said that, to address a lack of registrations, a new programme whereby each maternity hospital contained a registry office had been established. Mothers were not allowed to leave the hospital until their children were registered. In the Republic of Moldova 99 per cent of children were born in such hospitals. For children born at home, they were still taken to hospital for check ups and were thereby also covered for registration. It was considered that those measures would fully take care of the problem of registration in the Republic of Moldova and the problem would disappear entirely.
Concerning adolescent health, a number of family planning centres had been opened in the Republic of Moldova and assistance for teenage mothers and counselling for teens covered the Transnistrian region as well, the delegation affirmed.
Regarding the more than 200,000 children in Transnistria and how their right to be educated in their own language was defended, the delegation said that funding for the education of those children, including for transportation, for refurbishing of school facilities, training of teachers and others was provided by the national budget.
Further Questions by Experts
During the second round of questions, DAINIUS PURAS, the Committee Expert serving as co-Rapporteur for the report of the Republic of Moldova under the Convention, noted that the Republic of Moldova had inherited from the Soviet era a system of human services which were good in quantity and sometimes in quality. In that connection, what was the current situation of integration of children with disabilities in the education system? For mentally disabled children, including the severely mentally disabled, could they expect to receive special education at home or would they automatically be recommended for institutionalization?
Mr. Puras asked if there was a national programme on children's mental health, and if not urged the Republic of Moldova to adopt one including the issues of prevention, promotion, treatment and rehabilitation, with a strong emphasis on the promotion of children's rights.
Other issues Mr. Puras focused on were the problem of children left behind when their parents emigrated for work; and issues of violence, including bullying and domestic violence, and what was being done to address the core reasons.
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, was concerned that child exploitation was widespread in the Republic of Moldova and protection from child exploitation appeared to be failing. Although the Republic of Moldova admitted that that was a problem, sufficient information had not been provided. Abuse of drugs and alcohol was also increasing, and the report acknowledged the other social problems, such as increased criminality, that that engendered. What was being done in the areas of prevention, including via awareness raising and the gathering of statistics in these areas?
Other Experts asked further questions on topics including long prison sentences for minors – as long as 12 years; detention limits; programmes for repeat offenders; statistics on Roma children in institutional facilities, and reports that they were over represented in the care system; and information in the report that almost 100 per cent of all children in the Republic of Moldova were subjected to physical and verbal abuse, and what prevention measures were being taken, including through training of parents and professionals working with children.
An Expert was concerned about regulations for foster families, including that such families host a minimum of seven children per family. That was to professionalize foster care and to turn it into a form of institutional group home.
On education, an Expert was concerned about extra, indirect costs that had to be borne by parents; groups of children that were not enrolled in schools, including disabled and Roma children; a lack of teachers – with a reported 2,000 vacancies; too many untrained teachers; and old fashioned rote-learning methods and a lack of child-centred learning.
Among other concerns expressed by Experts was further information on the involvement of children in economic activities; commercial sexual exploitation of children, and a lack of prosecutions; whether the Government had extraterritorial jurisdiction in child trafficking and child sexual exploitation cases; child poverty, and measures to address it; whether poverty was a reason for relegating children to institutional care; a formal guardianship system for children left behind by parents who had migrated for economic reasons; and adoption laws. With regard to adolescents, an Expert was concerned by reports of high levels of teenage pregnancies and of adolescent suicides and asked what programmes were specifically targeted to adolescents in the health area with a view to combating those high rates?
Response by Delegation
Responding to those and other questions, on the monitoring and control of legislation, the delegation said that each Ministry had a monitoring unit responsible for checking that legislation as implemented and to render an account. For the relevant ministries, including the Ministry of Health and the Ministry of Social Protection, Family and Child there was an advisory body, the Committee on the Protection of the Rights of the Child, which received monitoring reports in this area.
The Ministry of Social Protection, the Family and Child had drawn up a draft law on the automatization of the collection of data on children, the delegation said. In 2007, the Ministry had worked out a strategy for vulnerable children, and following the recently adopted law on social allowances, the World Bank had granted resources for the setting up of a database on social protection issues.
The delegation noted that the legal age for marriage had recently been brought into line with international standards, and had been set at 18 for boys and girls.
Turning to the issue of children with disabilities, the Ministry of Social Protection had drawn up a strategy to address the situation of such children. There were two centres under the Ministry for children with very serious disabilities, one for boys and one for girls, where the children were cared for full-time, for which the Government allocated considerable financing. For children who could study, but had certain handicaps, special programmes were available that did not require institutionalization.
To protect children of parents who worked abroad, the Government had recently signed into law, on 1 January 2009, a requirement that such parents sign a legal document setting up a legal guardian for such children. The social centres for children that had been established were also benefiting such families. To try and prevent such economic migration and to improve the socio-economic situation of Moldavians, in January 2009, one of the Government's first actions had been to increase the minimum wage by 50 per cent.
On trafficking, the delegation noted that the Republic of Moldova had ratified the United Nations Convention on Transnational Organized Crime and its two protocols, on trafficking in persons, especially women and children, and on the smuggling of migrants. Laws had also been enacted to increase penalties for such crimes, and more recently, a law on trafficking had been adopted which contained a separate chapter on the issue of trafficking in children. In terms of the reality on the ground, there had been a decline in trafficking, and in trafficking in children, over the past three years. Child traffickers were prosecuted, and there had been about 10 cases of prosecutions in this area. Extraterritorial jurisdiction for such crimes was applicable and had been used in several cases.
With regard to the sale of children, child prostitution and child pornography, the Republic of Moldova had ratified all the relevant international instruments in that area, including the Optional Protocol on the sale of children, child prostitution and child pornography, and was implementing them. In 2007, 140 cases of sexual exploitation of minors had been registered. The Government was now working on training personnel, including police officers and prosecutors, in this area.
The delegation did not consider child labour to be a significant issue in the Republic of Moldova as the cases were not widespread. A Committee Expert had cited the situation of rural children in particular, and perhaps the involvement of children in work was more prevalent in rural areas. However mechanisms had been established to inform parents about the law and the harms associated with child labour, as well as to prosecute those who did not abide by the law.
As for tough sentences for juvenile offenders, the delegation noted that whatever sentence was handed down, they were often reduced in the case of juveniles to one third of their original length. A special section in the Code of Criminal Procedure covered juvenile justice issues. The detention of juveniles was considered an exceptional measure, and was only used in cases involving serious matters concerning violence. Detention could be up to 72 hours for adults, but was only 24 hours for juveniles before being presented to a magistrate. Following a decision to continue detention, juveniles could be held for a maximum of four months.
Regarding the reform of the health sector, among others, starting from 2007, health insurance was provided free to children and pregnant mothers; a new rehabilitative care centre for children had opened with specialists in pedopsychiatry and others; and a follow-up unit had been established for premature children or children born with birth defects to follow their development to age two. In 2006 and 2007 a special office had been opened in maternity wards and clinics to promote healthy children. There had also been broad publicity campaigns to make known both the services available to mothers and children, and to raise awareness about childhood diseases and preventive measures. As a result, polio had been eradicated in Moldova and only isolated cases of measles occurred.
With regard to breastfeeding, the delegation said that last year about 75 per cent of children were being breastfed up to six months.
There were temporary centres for the reception and rehabilitation of children under age seven without parental care. Those centres also provided alternatives for institutional care, including a programme for teenage mothers who were unable to care for their children alone. They provided support and shelter for those mothers up to three months, and there was a high rate of those mothers subsequently keeping their children.
Adolescent heath was an urgent problem and they were trying to address that issue. It was recognized that confidentiality, as well as an integrated approach, were essential. At present 12 centres for young people had been opened and they were up and running.
Regarding enrolment, great progress had been made in ensuring all children were in school. In the 2001-2002 school year, some 3,980 children were not in school. That number had fallen every year, and by the beginning of the school year, in November 2008, only 42 children were not in school. More than 6,000 school children received material help to go to school last year. To prevent dropouts, closer connections had been forged with the educational management authorities and human rights defenders.
With regard to parents' associations working with schools, their number had increased in recent years. They were registered with the Ministry and the local authorities and they provided significant help to schoolchildren through, inter alia, the provision of teaching materials, building materials for school buildings, and providing support for gifted children and children from poor families.
Questions by Experts under the Optional Protocol on the Involvement of Children in Armed Conflict
DAVID BRENT PARFITT, Committee Expert serving as Rapporteur for the report under the Optional Protocol on the involvement of children in armed conflict, began by noting that the Republic of Moldova was more or less in complete compliance with the Optional Protocol on the involvement of children in armed conflict. However, with regard to recruitment, 16 year-olds were called up to register for the mandatory service. In addition, there was a provision whereby a 17 year old could go to military school. Was that child then listed as a military person and subject to military law, or did they retain their civil status?
On the issue of extraterritorial jurisdiction and criminal sanctions on recruitment, Mr. Parfitt asked if that applied to individuals that recruited not for national forces but for other armed groups.
In particular, was there active recruitment by the separatist forces in the Transnistrian Region out of Moldova and would the laws against child recruitment apply in that case? Also, could the Government prosecute a non-national present on the territory who had committed crimes of child recruitment abroad, or cases in which Moldavian children had been recruited abroad, Mr. Parfitt asked?
Finally, with regard to the sale of weapons, Mr. Parfitt wondered if the Ministry in charge of monitoring such sales was aware of the Optional Protocol and its provisions?
Other Experts asked questions on topics including whether children who had been affected by domestic uprisings in recent years had received rehabilitative care; whether professionals working with children were aware of the Optional Protocol; and whether peace education was part of the curricula for schoolchildren, as well as for the general population.
Responses by the Delegation
In response to questions by Experts with regard to the implementation of the Optional Protocol on the involvement of children in armed conflict, the delegation said, as regarded recruits, and those who were called up at 16, it should first be noted that "recruits" was perhaps not the right word. It was really a question of registering for recruitment rather than recruitment itself. Those called to register were not in any way under the control of the Military, subject to military law, or required to carry out military obligations. Those who had been registered were inspected by the Ministry of Defence and the Ministry of Health to ensure their fitness for service and received general training on the rules applicable to the military, including international conventions.
With regard to extraterritoriality, even if recruitment of children was carried out by a non-national on the territory of the Republic of Moldova or by a Moldavian on the territory of another state, that was a punishable offence under the law, the delegation said.
There were no cases of involving under age persons in the military in the Republic of Moldova. There were some paramilitary organizations, which were not State organizations that might try to do so, however, the delegation said.
On small arms, legislation said that citizens had the right to bear personal weapons only once they reached the age of 18. Under 18, no one was allowed to carry or use weapons. That was ensured via the bureau of licensing, which carried out periodic checks to ensure that the regulations were being respected.
The sale of weapons to States where child soldiers were presented on the territory was banned in national legislation, the delegation said, and the authorities involved in monitoring such weapons sales looked into those cases and those legal persons.
There was only one higher military establishment for teaching of military officers, for border guards and for the army, the delegation said. In the Institute persons 17 and over could be admitted. However, those who were admitted under the age of 18 were not subject to military service and could not under any circumstance therefore be involved in armed conflicts. Those under 18 were merely students or trainees and were not covered by military legislation. They were free not to continue with their military training and could return to a civilian school if they wished. Such students only became soldiers at the age of 18, after taking the military oath and signing a contract whereby they were subject to the law of the military and had the status of "contract soldiers".
Starting in 1990 a number of steps had been taken relating to the Constitution to ensure that children were not involved in armed conflicts and there was no data showing evidence of such children in the country. However, there was no record of how many children might have been affected by armed conflicts, the delegation noted.
Further Questions by Experts
In further questions Experts asked whether, despite protections, there had been any cases involving sale of weapons to territories where child soldiers were used; if the Optional Protocol was disseminated to children in the schools and to the general public; how intrusive the recruitment process was in a child's life, for example, how frequently were they required to submit to tests or training; whether the most vulnerable children were targeted for voluntary recruitment; and whether the Ombudsman had jurisdiction over the military.
Response by the Delegation
Responding to those questions and others, the delegation said there had been a case of the sale of MIG-29 planes which had been intended for another country but, following receipt of information that they might be used in armed conflicts, had been sold to the United States. Last year, there had been information that in the armed conflict in Georgia ammunition had been used that had been left by the Soviet Union in the Republic of Moldova. However, investigations carried out by Experts subsequently had determined that that information was false.
Regarding complaints against recruitment methods, the publicity provided was with regard to patriotic aims – the need to defend the homeland – and did not highlight financial aspects, the delegation said.
As for dissemination, by the age of 18, all children had learned about the Convention and the Protocol. Through courses in legal issues and children's rights, children had all learned that they had the right not to be involved in armed conflict under the laws of the Republic of Moldova.
Concerning the involvement of children between the age of 16 and 18 in the recruitment process, they were only called up once, when they had the principles of military service explained to them and to identify what type of troops they would like to participate in. They were also informed of alternative military service. They could not be called up more than three times for medical check ups or for the gathering of statistical information.
There was an institution known as the Inspectorate that dealt with monitoring and to which any citizen could lodge a complaint regarding the military. In addition, the unit had hotlines whereby any citizen could make anonymous complaints about his military service. The Ombudsman could also receive a complaint from any citizen, including children, regarding violations of their rights, including violations under the Optional Protocol, the delegation noted.
Preliminary Concluding Observations
DAVID BRENT PARFITT, Committee Expert serving as Rapporteur for the report under the Optional Protocol on the involvement of children in armed conflict, thanked the delegation on the Optional Protocol, which was being complied with in the main. There were just a few issues, surrounding the recruits between 16 and 18, and asylum-seekers affected by war, but they were basically minor issues
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of the Republic of Moldova under the Convention, in preliminary concluding observations, said that by now the Republic of Moldova had undergone a huge process of changing its legislation, drafting a lots of plans and strategies. She believed that the next time the delegation came back to the Committee it would come with a lot of data and statistics on what was happening on the ground.
Ms. Vuckovic-Sahovic said the Committee's recommendations would probably centre on making the good plans and programmes a reality on the ground, including through providing adequate financing. They would also address the painful issues related to the institutionalization of children, the reform of the quality of education, and the further improvement of the already improved health system. And, again and again, together with the rest of Europe, the Republic of Moldova would have to work harder to protect children from violence in all settings.
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