Human Rights Committee begins consideration of initial report of Moldova

18.07.02

Experts Question Delegation on Trafficking in Persons, Spread of Tuberculosis in Prisons, Situation in Transnistria

The Human Rights Committee this afternoon began its consideration of the initial report of the Republic of Moldova on how that country was implementing the provisions of the International Covenant on Civil and Political Rights.
The report was presented by the Deputy Foreign Minister of Moldova, Vitalie Slonovschi, who told the Committee that a new Constitution had been adopted in 1994 as an important measure for the construction of a state of law and a democratic society. The democratic process also aimed to uphold human dignity and to provide justice to all, he said.
The Deputy Minister said that the situation in Transnistria, which was not under the Government's control, remained a problem for the central authorities. The issue of the principle of the right to self-determination, which was article 1 of the Covenant, should not be applied to that territory, he said. A solution to the problem should be found within the context of the territorial indivisibility of the Republic of Moldova, he added.
The members of the Committee raised a number of questions on issues pertaining to the independence of the judiciary; conscientious objectors; the right to freedom of religion and thought; the violation of individual privacy through electronic taping; the practice of censorship; trafficking in persons for the purpose of extracting organs; and the training and educating of judges, among other things.
Also representing Moldova were Eugen Revenco, Director of the Law and International Treaties Department of the Ministry of Foreign Affairs; Adrian Calmac, Charge d'affaires and Deputy Permanent Representative of the Republic of Moldova to the United Nations Office at Geneva; Stela Pavlov, Head of the Law Application Division of the Ministry of Justice; and Victor Maxim, Third Secretary at the Permanent Mission of the Republic of Moldova in Geneva.
The Republic of Moldova is among the 149 States parties to the International Covenant. According to article 40 of the Covenant, the State party must submit periodic reports to the Committee for its monitoring of the implementation of the provisions of the treaty.
The Committee will continue its consideration of the report of Moldova when it reconvenes at 10 a.m. on Friday, 19 July.
Report of Republic of Moldova
The initial report of Moldova is contained in document CCPR/C/MDA/2000/1. It provides detailed information on the legislative, judicial and administrative measures undertaken by the State party, on an article-by-article basis, in order to comply with the provisions of the International Covenant on Civil and Political Rights. It says that Moldova is a parliamentary Republic; the one-chamber Parliament is the supreme representative body of the people and the sole legislative authority of the State, and it consists of 101 members.
The report notes that according to the Constitution, the dignity of people, their rights and freedoms, the open development of human personality, justice and political pluralism represent supreme values that shall be guaranteed. The citizens of Moldova have the right of participating in the administration of public affairs, either directly or through their representatives. Access to a public office or position is guaranteed by law to all citizens of the Republic. Moldova's legislation guarantees equal legal rights of men and women.
According to the report, Moldova lost control over the territory on the left bank of the river Nistru as a result of the armed conflict in 1992. The regime, established in Transnistria, persecutes citizens for manifesting certain political positions by using means not compatible with mechanisms of a state based on law. Taking into account the general situation, it is possible to affirm that fundamental human rights are often breached in Transnistia, and the situation concerning personal security is much more serious than that on the remaining territory of the Republic of Moldova. The Constitution of the Republic guarantees individual freedom and personal security.
On the protection of persons belonging to ethnic minorities, the report says that it does not differ in the Republic from the protection granted to all citizens of the country and thus they all have the same rights and duties. The principles of equality and non-discrimination of the citizens are present within all legislative and institutional systems of the Republic, and the "respect and protection of the human person is the foremost duty of the State" (article 16 of the Constitution).
Presentation of Moldova's Report
VITALIE SLONOVSCHI, Deputy Foreign Minister of the Republic of Moldova, said that his country had ratified 27 international conventions on human rights. This adhesion to international conventions had been accompanied during the last ten years with a series of legal reforms and measures of improvement of the juridical and political system. In that connection, a new Constitution was adopted in 1994 as an important measure for the construction of a state of law and a democratic society. The democratic process also aimed at upholding human dignity and providing justice to all.
Mr. Slonovschi said that the efforts to consolidate human rights in his country had been strengthened by Moldova's accession to the Council of Europe. A series of laws had been amended to made them compatible with the State's international obligations. Capital punishment had been abolished; measures had been taken to reform the judiciary; and the role of the procurator had been reinforced. The new Family Code had entered into force in 2000 while the new Civil and Criminal Codes would enter into force in January 2003. On 28 December 2001, the country's parliament had enacted a law on the creation of a coordinating committee for the realization of a plan of action relating to human rights. The committee should coordinate the activities of the central and local authorities as well as those of civil society in human rights. At present, domestic legislation was being made compatible with Moldova's international obligations.
The Deputy Minister said that the situation in Transnistria, which was not under the Government's control, remained a problem for the central authorities. The issue of the principle of the right to self-determination, which was article 1 of the Covenant, should not be applied to that territory. In that region, the provisions of the Covenant had been violated by the local authorities. The solution to the problem should be found within the context of the territorial indivisibility of the Republic of Moldova.
Response of Moldova to Written Questions
The members of the Moldovan delegation provided answers to the first part of the written questions prepared by Committee Experts in advance on the main subjects of the implementation of the Covenant; equality of the sexes, non-discrimination and rights of minorities; prevention of torture; rights of persons deprived of their liberty; and prohibition of slavery or forced or compulsory labour.
The delegation said that Moldovan courts often invoked provisions of international treaties while formulating their decisions. The Government was also taking measures to modify legislation relating to constitutional jurisdiction in order to allow the Constitutional Court to examine in advance the compatibility of international treaties with the Constitution.
With regard to the role of the "Parliamentary Lawyers", the delegation said that the institution was introduced in 1997 with the three members appointed by the parliament. The institution was part of the Centre for Human Rights of Moldova. The members received complaints from private individuals and monitored respect for human rights.
On the issue of equality of the sexes, non-discrimination and rights of minorities, the delegation said that measures for women's accession to public offices were guided by the principle of non-discrimination. In addition, the Constitution prohibited all forms of discrimination against women and guaranteed equality for all citizens. Women had the right to practice any profession of their choice. The law relating to political parties indicated that the parties should ensure the respect of the principle of non-discrimination between men and women.
Women deputies in the parliament constituted 14 per cent, the delegation said. The President of the parliament, who was the second most important personality next to the President of the Republic, was a woman. In addition, a woman held the presidency of the Supreme Court of Justice.
The delegation said that Moldovan legislation did not contain provisions for less pay for women than for men. Legislation guaranteed equal rights of men and women in all aspects, including in employment. The Criminal Code had established criminal punishment for refusal to employ or dismissal of a pregnant woman. The new law on salaries provided for, without making any distinction between men and women, salaries for all workers. Salaries should not be determined on grounds of race, nationality, political position or opinion.
The problem of domestic violence was considered a human violation, the delegation said. In that connection, the Ministry of Labour and Social Protection had created an inter-ministerial network to fight that phenomenon. A national plan of action on the issue had also been designed for the period of 2002-2005. The priority was given to the search for a means to eliminate domestic violence
In order to reduce the phenomenon of trafficking in persons, the Government of Moldova had taken a series of measures, both legal and administrative, the delegation said. The legal measures provided for the protection of victims.
Oral Questions by Experts
An Expert said that although women deputies made up 14 per cent of parliament, that did not mean that this percentage was satisfactory. Half of the total population was composed of women. The report also said that the percentage of women in business was small -- only 5 per cent; and women's wages constituted only 70-80 per cent of men's wages. Turning to the situation of minorities, the Expert asked the delegation how Moldova was balancing the languages and cultures of the various minorities. The delegation should tell the Committee more about the situation of the Roma people.
Referring to the United Nations Security Council resolution on the establishment of a counter terrorism committee by each Member State, an Expert asked what were Moldova's criteria for acts to be considered as acts of terrorism. Did the definition of terrorism allude to the separatist authorities in Transnistria?
The same Expert said that there was a provision providing for the police to detain vagabonds, beggars and vagrants. That was arbitrary detention. In addition, like the former USSR, internal passports -- "propiska" -- were still in use in Moldova, which was against the right to freedom of movement. Turning to prison conditions, the Expert said that one out of 10 of the 12,000 prisoners in the country was suffering from Tuberculosis. Many of them were infected with the disease in prison. The poor conditions of Moldovan prisons, the lack of medicine and an inadequate supply of food were the cause for the flaring up of the disease.
Another Expert said that international organizations, such as Amnesty International, had reported a series of cases of ill-treatment of individuals, involving torture. The delegation was asked to comment on the report. In the report it was mentioned that hooliganism was considered as a crime, which was similar to the former Soviet system. How many complaints of human rights violations had been registered?
Like the previous speaker, an Expert asked about the number of complaints by citizens lodged against public authorities. What mechanism was available to lodge complaints and what were the results of the complaints?
Another Expert said he was disturbed by the situation of Tuberculosis in prisons. The detention of vagrants was also another cause for concern. The Expert asked the delegation to provide information on the activities of persons held in different institutions and to indicate if forced labour was employed. The deportation of a large number of people was also a concern to the Committee.
An Expert, associating himself with the question raised by another Expert on the issue of terrorism, asked if terrorists were prosecuted in accordance with the Terrorism Act of 12 December 2001. The country had known acts of terrorism before the adoption of the Act but it was not mentioned in the report.
Continuation of Response to Written Questions
The delegation continued to answer questions relating to the main subjects of fair trial and the independence of the judiciary; freedom of religion or belief; freedom of expression; freedom of association and the right to form trade unions; the rights of the child; and the right to participate in public affairs.
The delegation said that article 1 of the law on the judicial system of 1999 stipulated that judicial power was independent and separate from legislative and executive powers. The judges were appointed for the first time for five years and then could be extended for 10 or 15 years. The allegations of interference with the independence and impartiality of the judiciary by State officials were untrue.
With regard to freedom of expression, the delegation said that article 32 of the Constitution guaranteed the right to freedom of opinion and thought. In addition, article 34 of the same law provided for the right to accession to information.
On freedom of association, the delegation said that any inhabitant could join or form a trade union. Trade unions were independent, but they were still strongly influenced by the State structures, and they did not enjoy mass adherence and support of the population or their trust.
Additional Questions by Experts
The Members of the Committee raised a number of questions on issues pertaining to the independence of the judiciary; conscientious objectors; the right to freedom of religion and thought; violation of individual privacy through electronic taping; the practice of censorship; trafficking in persons for the purpose of extracting organs; and the training and educating of judges.
* *** *