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HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF MOLDOVA'S INITIAL REPORT
19 July 2002
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19.07.02
Report Contains a Wealth of Information on the Human Rights Situation in the country, Chairperson Says
The Human Rights Committee this morning concluded its consideration of the initial report of the Republic of Moldova, with the Chairperson saying that the report was excellent and contained a wealth of information regarding the human rights situation in that country.
Committee Chairperson Parfullachandra Natwarlal Bhagwati said that the Committee had had a most interesting and constructive dialogue with the Moldovan delegation. The report was excellent and contained a wealth of information regarding the human rights situation in Moldova. It reflected the deep commitment of Moldova to protect human rights.
Mr. Bhagwati said that Moldova had made considerable progress since independence in establishing and advancing a human rights regime by adopting its new Constitution and enacting new laws. He added that the Constitution contained a bill of human rights and fundamental freedoms and the laws sought to give effect to those human rights and fundamental freedoms.
The Moldovan delegation also concluded by saying that the Government of Moldova would continue to implement human rights in its daily activities and would continue to pursue the highest respect for human rights.
Moldova is among the 149 States parties to the International Covenant on Civil and Political Rights. According to article 40 of the Covenant, it has to submit periodic reports to the 18-member Committee which monitors the implementation of the Covenant in all States parties.
The Committee will release its concluding observations and recommendations on the report of the Republic of Moldova towards the end of its three-week session, which closes on 26 July.
When the Committee reconvenes at 3 p.m. this afternoon, it will deal in private with communications received from individuals or groups of individuals claiming to be victims of the violations of their rights under the Covenant by the State party. Only States parties that recognize the competence of the Committee to receive and consider communications are concerned by this procedure. The next public meeting is scheduled for Wednesday, 24 July at 3 p.m.
Response of Moldova
Concerning freedom of religion, the members of the Moldovan delegation said that the State could only interfere in the event of abuse of authority or influence by certain religious groups; otherwise, the right to freedom of religion and worship was guaranteed by the Constitution. Conscientious objection based on religious beliefs could exempt persons from military service.
The system of internal passports was dropped a long time ago, the delegation said. Now, citizens only needed to carry identity cards indicating their fixed place of residence.
Moldova had difficulties in establishing schools in various languages because of financial constraints, the delegation said. With regard to the Roma people, the Government had made efforts to provide them with educational facilities, in addition to the measures undertaken to integrate them into the Moldovan society.
A person who did not receive prompt redress to the injury inflicted upon him by a State agent had the right to appeal to higher authorities, the delegation said. In that case, those responsible for delaying the process of redress were penalized and the victim was compensated by the State for the prejudice he or she was subjected to.
The Parliamentary Lawyers were endeavouring to improve the human rights situation in the country through their activities, the delegation said. Petitions could be addressed to the Lawyers by citizens claiming to be victims of violations of their rights by State authorities. The Lawyers, if they found the claims or the complaints to be justified, could convey the cases to Parliament for its consideration. They were authorized to directly implement in their activity the norms of international law, when national legal acts contradicted them.
Judges could be subjected to disciplinary measures if they were found guilty of committing acts not compatible with their functions, the delegation said. Failure to adhere to confidentiality of a case or in the event of an infringement with regard to their functions could lead to disciplinary measures; and penalties could include reprimand or dismissal. Judges could not be brought to trial without the agreement of the higher judicial powers.
Political parties should be registered by the Ministry of Justice before they started their activities, the delegation said. If the legal prerequisites failed to be met by the political party, the Ministry could reject the registration of that party. A political party had the right to appeal against the decisions of the Ministry of Justice. The measure to reject any political party did not infringe on the principle of pluralism. Any party should have at least 5,000 members throughout the country.
Questions by Experts
An Expert asked if there were situations in which conscientious objection was motivated by pacifism. Other Experts also asked about the place of women in the Moldovan society; linguistic minorities and their participation in public affairs; the maximum period allowed by the law to detain someone under police custody before appearing in court; and the difference between the Parliamentary Lawyers and the Centre for Human Rights, among other things.
Delegation's Response
With regard to conscientious objectors, a one-year alternative service was offered to them, the delegation of Moldova said.
There were no statistics on the number of political parties whose registration forms had been rejected, the delegation said. Concerning the dissolution of a political party, it was the Ministry of Justice that decided on such matters.
The Government had recognized the problem of Tuberculosis in Molodvan prisons, the delegation said. In that connection, it had spent a large amount of money to fight the disease.
Moldovan was the official language of the State and any citizen wanting to enter into public service should know the official language, the delegation said. However, candidates were not required to fluently speak the language. The President of the Republic was required to speak Moldovan while regional governors should master the language of their respective regions, in addition to Moldovan.
With regard to the situation of women in Moldova, the delegation said that their rights were guaranteed by law.
The Government of Moldova had resolved the problem of vagrancy in the country, the delegation said.
Concerning the length of police detention, the delegation believed that it was only 24 hours. However, the members said they would check on the matter when they went back home.
The Centre for Human Rights was composed of a number of decision-making authorities and representatives of civil society, the delegation said, adding that the Parliamentary Lawyers were individuals appointed by Parliament to serve as Ombudsmen.
Chairperson's Statement
Committee Chairperson PARFULLACHANDRA NATWARLAL BHAGWATI said that the Committee had had a most interesting and constructive dialogue with the Moldovan delegation. The dialogue was characterized by frank and objective answers provided by the delegation. The report was excellent and contained a wealth of information regarding the human rights situation in Moldova. It reflected the deep commitment of Moldova to protect human rights.
Mr. Bhagwati continued to state that Moldova had made considerable progress since independence in establishing and advancing a human rights regime by adopting its new Constitution and enacting new laws. The Constitution contained a bill of human rights and fundamental freedoms and the laws sought to give effect to those human rights and fundamental freedoms. The report gave considerable information about the legal framework but what was lacking was detailed information with regard to practical implementation which the delegation had sought to make good on in its oral answers.
The Chairperson also said that the Moldovan mass media should be free and independent.
Delegation's Closing Remark
The delegation thanked the members of the Committee for their reception and the spirit of the dialogue; it had been a good experience for the delegation. The Government of Moldova would continue to implement human rights in its daily activities. It would also continue to persue the highest respect for human rights.
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