Committee on the Elimination of Racial Discrimination considers Report of the Republic of Moldova

Committee on the Elimination
of Racial Discrimination

2 March 2011

The Committee on the Elimination of Racial Discrimination has considered the eighth and ninth periodic reports of the Republic of Moldova on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Presenting the report, Elena Beleacova, Director General of the Office of Interethnic Relations, said there had been some positive developments that demonstrated the Republic of Moldova’s constructive approach in implementing the Convention and in the prevention of human rights violations and discrimination against national minorities and all persons living within the territory of the Republic of Moldova. Ms. Beleacova said there had been no cases of racial discrimination in the Republic of Moldova given that this kind of behaviour was not a norm in Moldovan society. There were no political parties with such an agenda and the State system vehemently condemned any race related violence or its incitement. Inter-state and inter-agency agreements which directly regulated the respect and promotion of human rights were taken very seriously and were respected by the government.

Ms. Beleacova said the State had a comprehensive policy of interaction with representatives of national minorities. Based on their recommendations and comments and in view of the opinion of religious and minority representatives, the government recognised the need to ensure the effective registration and investigation by the police force of all forms of hatred or discrimination. The Plan of Action adopted in 2011 contained a range of specific measures to combat discrimination including human rights training courses for police officers and better implementation of the Convention and other international instruments for a greater impact. Ms. Baleacova said the ethno-cultural organisation set up with the assistance of the government consisted of all ethnic and social groups of various national minorities and served as an intermediary between the organisations. The main purpose of this organisation was to ensure peaceful coexistence, respect of human rights and the elimination of racial discrimination.

In preliminary concluding observations, Patrick Thornberry, the Committee Expert who served as country Rapporteur for the report of the Republic of Moldova, said the Committee had had a rich discussion with the delegation and the Committee would be very interested in the new developments with regards to the legal framework on discrimination. Mr. Thornberry underlined that the Convention did not only have a reactionary aspect, but was also very preventive and the full implementation of its recommendations could give the State a proper legal framework to further strengthen mechanisms to prevent racial discrimination and further the respect of human rights. The Rapporteur said the Republic of Moldova was a small and complex State, but he sensed a new kind of wind in the country with regard to developments in the realm of human rights and how the legal framework was developed, implemented and monitored.

Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, the use of the term “Tsigane” in reference to the Roma, the absence of reported cases of discrimination, the procedure and technical requirements for the registration of religious groups, the absence of data which could be helpful in combating disadvantage, exclusion and discrimination vis-à-vis minority groups on racial, ethnic or cultural precepts and the allocation of funds for the effective implementation of measures to enhance the improvement of human rights, especially for minorities in the State.

The delegation of the Republic of Moldova included representatives from the Office of Interethnic Relations, the Ministry of Justice, the Unit of Minors and Protection of Human Rights, the Parliament of the Republic of Moldova and the Permanent Mission of the Republic of Moldova to the United Nations at Geneva.

The Committee will present its written observations and recommendations on the eighth and ninth periodic reports of Moldova at the end of its session, which concludes on 11 March.

When the Committee reconvenes at 3 p.m. this afternoon it is scheduled to take up the fourth and fifth periodic reports of Lithuania (CERD/C/LTU/4-5).

Report of Moldova

The combined eighth and ninth periodic reports of the Republic of Moldova (CERD/C/MDA/8-9) say the Republic of Moldova is a State with a multi-ethnic and multilingual population. Moldovans – the nationality which created the State – together with members of other ethnic groups – inter alia, Ukrainians, Russians, Gagaouz, Bulgarians, Jews, Romanians, Belarusians, Gypsies (Roma) and Poles – constitute the single people of Moldova and have the Republic of Moldova as their country.

The Republic of Moldova achieved significant results with regard to the protection of human rights, paying considerable attention to buttressing those rights through legislation. Although at present the national legislation as a whole meets international human rights standards, the current human rights legislation is in the process of development and improvement. Under article 176 of the Criminal Code, any violation based on gender, race, skin colour, language, religion, political or other views, national or social origin, membership of an ethnic minority, or property, class or other status, against civil rights and freedoms enshrined in the Constitution or other legislation is a crime and entails criminal responsibility. The article currently stipulates responsibility for civil rights violations which may be considered as discriminatory against persons who are not Moldovan citizens or against stateless persons. In view of the lack of national legislation providing specifically for the elimination of discrimination, a draft Act on Preventing and Combating Discrimination is being prepared in order to strengthen the legislation in force and align it with international standards. The bill specifies such concepts as "(direct and indirect) discrimination", "oppression", "incitement to discrimination" and "affirmative measures", which are not clarified by the legislation in force.

According to the report, one of the priorities of the State regarding the elimination of all forms of racial discrimination is the promotion of the principle of cultural diversity on a universal basis and the implementation of the principles of human rights and equality. These principles are buttressed by a series of acts and practical measures embodied in long-term Government programmes, policies and strategies. Priority measures envisaged by the programme for achieving the tasks in question include the following: development of the legal framework for protecting and promoting the cultures and languages of ethnic minorities, formulation and implementation of a Government programme for the creation of the conditions necessary for studying and using the State language by citizens speaking only other languages, improvement of the existing legal framework governing relations between registered ethno-cultural organizations and the State, State support for social solidarity programmes through assistance for registered ethno-cultural organizations and the creation of necessary conditions and possibilities for instruction in the native language of ethnic minorities and preservation of the culture of such groups. A new draft National Action Plan for Human Rights (2009 to 2012), aimed at bringing about positive change in view of problems not yet resolved in that area, has been developed as a Government policy instrument in the area of human rights protection.

The report states that the existence of a separatist regime set up unconstitutionally in the early 1990s in the country's eastern or Transnistrian region, with a surface area of 4,163 square kilometers and a population of approximately 550,000, considerably impedes the implementation over the entire national territory of all international treaties to which the Republic of Moldova is a party, including the Convention. Under those circumstances, the Moldovan authorities, in close cooperation with international partners, namely the Organization for Security and Cooperation in Europe (OSCE), the Russian Federation, Ukraine, the European Union and the United States, took a number of positive steps in order to settle the Transnistrian dispute and ensure the country's unity, a prerequisite for the implementation of the instruments in question throughout the Moldovan territory. Despite the lack of visible results in terms of settling the dispute, a number of relevant changes occurred in recent years, notably the introduction in 2005 of the "5+2" negotiation format. Unfortunately, despite efforts, including the enlargement of the negotiation format, and reassuring initiatives, no progress towards settling the dispute has so far been noted. The principal cause of the failure to settle the dispute has been the obstructionist and inflexible attitude of the separatist leaders in Tiraspol, the administrative centre of the Transnistrian region.

The Moldovan authorities, together with the country's international partners, civil society and the international organizations concerned, namely the United Nations, OSCE and the Council of Europe, continue to seek the adoption of a comprehensive and lasting solution to the Transnistrian dispute and the exercise of human rights and fundamental freedoms enshrined in international treaties.

Presentation of Report

ELENA BELEACOVA, Director General of the Office of Interethnic Relations, in presenting the periodic report of the Republic of Moldova, said there had been some positive developments that demonstrated that the Republic of Moldova had a constructive approach in implementing the Convention and in the prevention of human rights violations and discrimination against national minorities and all persons living within the territory of the Republic. There were a good number of persons of different origin living in the country who considered the Republic of Moldova their home and country.

Ms. Beleacova said there had been no reported cases of racial discrimination in the Republic of Moldova and this kind of behaviour was not a norm in Moldovan society. There were no political parties with such an agenda and the State system vehemently condemned any race related violence or its incitement. There was no room in the Republic of Moldova for hatred, xenophobia and other racially motivated malpractices.

As part of the European dimension of Moldovan policy, Ms. Beleacova said the State continued to develop existing norms with the aim of aligning them with European Union norms. Inter-state and inter-agency agreements which directly regulated the respect and promotion of human rights were taken very seriously and were respected by the government. The Republic of Moldova had signed more than 40 international instruments to protect national minorities and authorities had taken necessary steps in order to ensure the full protection of national minorities as well as their full rights.

As part of the third cycle of monitoring, the Republic of Moldova had received members of the international community in order to evaluate the progress of the implementation of international recommendations for the protection of national minorities against discrimination.

Ms. Beleacova said the State had a comprehensive policy of interaction with representatives of national minorities. Based on the recommendations, comments and opinions of these religious and minority representatives, the government recognised the need to ensure the effective registration and investigation by the police force of all forms of hatred or discrimination with a view to improving and resolving the problems facing the State’s long term plan. There was also a new programme of action to prioritise the procedure for individual complaints in the Republic of Moldova and to improve normative and institutional measures so that they had a greater impact.

Ms. Beleacova said the Plan of Action adopted in 2011 included a range of specific measures including the organisation of training courses in human rights and freedoms and continuing work on the implementation of the Convention and other international instruments for greater impact. This plan was part of the country’s dialogue with the European Union and sought to improve the situation of foreigners including asylum seekers and refugees with regards to their status and integration. At the end of last week, through the Bureau of Migration and Refugees, the State had opened a special window for providing documents in partnership with the International Organization for Migration in order to eliminate discrimination among all persons living in the Republic of Moldova. Foreigners from 99 countries who lived in the Republic of Moldova were eventually registered and the State now had accurate data including the origin of these persons and the reason for their stay in the Republic of Moldova.

The new Plan of Action for 2010 to 2015 was under consideration and was aimed at preventing and fighting discrimination as well as ensuring the rights of minorities. It was also aimed at promoting the spirit of tolerance and mutual respect for the religious, ethnic and cultural heritage of others. The priority of the future action of the State was in line with the recommendations of the Committee on the Elimination of Racial Discrimination.

Regarding the daily life of Moldovan society, the delegation said the new Plan of Action provided for certain protections for access to education for Roma children, provision of healthcare and other social services and facilitation of access to employment. There had been some positive results as the number of Roma youth in school had increased and there had been more action and activities in the cultural arena. The Ministry of Education had taken various steps to meet the special needs of Roma children, especially those living in compact settlements.

Regarding health, the delegation said the Ministry of Health carried out effective awareness raising campaigns aimed at the Roma community about healthy ways of life in order to limit the spread of diseases; free medicines were also offered to those in need. There were national health programmes aimed at sensitising the Roma about sexually transmitted and other diseases and free screening tests were conducted to detect cases of diabetes and other illnesses.

Ms. Beleacova underlined that in order to reduce unemployment among the Roma they offered informational sessions on how to prepare for the job market. The Bureau of Interethnic Relations had developed a new programme to provide support for the Roma population and it had been allotted the necessary financial resources needed for effective implementation. Ms. Beleacova said there was no law in the Republic of Moldova that infringed on the rights of the Roma.

According to the 2004 census, 93 per cent of Moldovans were Orthodox but the right to religion and belief was guaranteed and citizens also enjoyed the right to freedom of conscience and belief. Persons were allowed to meet for prayers once a week and according to arrangements with the local authorities. All religious groups and their components were registered and had to provide the documents required for that purpose; 7 religions and 27 components had been registered.

At the State level, the government supported activities aimed at preventing anti-Semitism. The current government supported Jewish organisations that sought to preserve the memories and significance of the Holocaust and the aim was to ensure that such genocide never happened again. The Republic of Moldova and its political parties had strongly condemned an incident where a Jewish monument was vandalised by some groups.

Ms. Beleacova said the ethno-cultural organisation, set up with the assistance of the government, consisted of the ethnic and social groups of various national minorities and served as an intermediary between the organisations. The main purpose of this organisation was aimed at ensuring peaceful coexistence, the full respect of human rights and the elimination of racial discrimination.

Ms. Beleacova concluded by saying that the examples and comments given demonstrated the State’s commitment to preventing incidents of racial discrimination and also its willingness to abide by the recommendations of the Committee on the Elimination of Racial Discrimination and other international instruments.

Questions Raised by the Rapporteur and Experts

PATRICK THORNBERRY, the Committee Expert serving as country Rapporteur for the report of the Republic of Moldova, said the country had a good record respecting international conventions and was pleased to note that the State had no reservations to the Convention. Mr. Thornberry was also pleased that the Republic of Moldova was planning to study and then ratify Article 12 of the Convention. The Rapporteur commended the delegation for presenting their report only three years after their last dialogue with the Committee and for having structured their report in line with the recommendations of that dialogue. Mr. Thornberry noted that although the delegation talked at length about the Roma in the oral presentation this group was not mentioned in the statistics of the report and asked the delegation to provide more information about the methodology used in generating the data used. The delegation was asked to clarify the reference to the term Tsigane to mean Roma as used in the report.

The Rapporteur noted the problems that the Republic of Moldova faced with the province of Transnistrian and said it was a problematic case for the Committee to handle since it ran into other spheres. Mr. Thornberry asked for information on the law that could mitigate the protection of equality before the law.

The Rapporteur said the delegation should review and report on the absence of reported cases of discrimination because the lack of such cases did not necessarily mean they did not occur.

Mr. Thornberry noted that the legal framework of the State addressed the issue of sharing the burden of proof and asked the delegation to say which approach was best suited to apply the legal measures adopted.

Regarding the submission of individual complaints, the Rapporteur said he was interested in knowing how individuals were able to effectively use this procedure.

Mr. Thornberry noted that some Muslim religious groups still had problems registering and he asked the delegation to clarify the procedure and technical requirements for the registration of religious groups and whether these applied across the board to all religious groups. The Rapporteur also asked the delegation whether the status of the Orthodox Church as a State religion did not make for discrimination against other smaller religious groups.

The delegation was asked to provide data that could be helpful in determining disadvantage, exclusion and discrimination vis-à-vis minority groups on racial, ethnic or cultural precepts.

Mr. Thornberry applauded the increase in the number of Roma students in schools and university and asked the delegation for more information on other measures undertaken by the State to further encourage the Roma to embrace education, particularly measures that involved parents in the process.

The Rapporteur asked the delegation to clarify the issue of citizenship given that the Republic of Moldova seemed to be a country of migration with people from several backgrounds. Mr. Thornberry also asked for more information about legislation governing the testing of asylum seekers and refugees for HIV/AIDS.

Another Expert asked the delegation to explain its attitude to the amendment of Article 8 of the Convention and also to list the other conventions the State was party to. The delegation was also asked to give detailed figures regarding the actual situation of Roma children in schools given that the United States Department of State gave a figure 20 times higher than that provided by the Republic of Moldova. The Expert asked what was the specific language used by Roma in schools.

The delegation was further encouraged to inform the committee on allegations about the lack of transparency in the selection and appointment of candidates for the Interethnic Council. An Expert asked about the representation of minorities in civil service.

A Committee Expert raised concerns about the need for more funding for the effective implementation of measures to enhance the improvement of human rights, especially for minorities in the State. The delegation was also encouraged to continue efforts already undertaken to adopt legislation aimed at eliminating all forms of discrimination in the country. Another Expert highlighted acts of vandalism against particular groups and their categorisation as extremist acts and encouraged the delegation to review this approach.

Regarding the Plan of Action for the Roma, a Committee Expert asked the delegation to give some more information about whether the plan provided for greater participation by the Roma and if a budget would be provided for the effective implementation of the plan. The Expert also asked the delegation to give more details pertaining to the training methodology for law enforcement officials and whether they were given anti-discrimination and anti-racism training. The Expert drew the attention of the delegation to the scarcity of statistical data which could help with a better understanding of the situation in the Republic of Moldova.

Another Expert expressed concern about the Anti-Discrimination Act and asked for clarification as to whether it was adopted simply as a prerequisite to join the European Union or whether the adoption was independent of this. Another Expert asked the delegation to explain if the Gagaouz community effectively enjoyed the government’s full protection of their rights or if they were left to their own means.

A Committee Expert asked the delegation to say whether the figures provided in the present report also covered Transnistria or not, given that this territory had not been recognised by international bodies as an autonomous territory.

Response by Delegation

Regarding the legislation on non-discrimination, the delegation said there were various instruments in Moldovan legislation which contained provisions on non-discrimination. There was currently no legal framework to that effect, but the parliament was currently considering a bill and later this summer it would adopt a law on the prevention of discrimination. The bill in question had been harmonised and met all the requirements of European legislation. Civil society and other non-governmental organisations had participated in preliminary discussions prior to the submission of the bill to parliament. The bill provided for an independent committee which would receive and review complaints about discrimination and would also oversee the implementation process.

The delegation said that since 2007 registration of religious groups was fully entrusted to the care of the Ministry of Justice. The registration of religious groups related to their structures as entities and this was covered by the Civil Code of the Republic of Moldova. The legal requirements were quite clear and had been simplified for all interested religious groups. The law equally required the Ministry of Justice to give concrete reasons for refusing to register a group and there was a possibility to appeal the decision.

With regards to the 17 Islamic groups which had been de-registered, the delegation said these were mostly student organisations which ceased to exist once the students had left the Republic of Moldova at the end of their studies. The law required that registered non-governmental organisations submit simple information to the State to indicate whether they still existed. At present, only four such organisations were still operating. Regarding the refusal of registration to certain Muslim communities, the delegation said Moldovan law stipulated that a religious group needed to have at least 100 believers as a prerequisite. The groups whose registration was refused had submitted incomplete lists and not all the names on the list had been signed. These groups did not contest the decision because they realised that they had not complied with all the requirements.

The delegation informed the Committee that State authorities had met with European and other international authorities to review the process of the State’s implementation of the Council of Europe’s recommendations. The government had complied with the recommendations and had now fulfilled all the requirements for proper implementation of the European Council on Human rights.

Regarding the issue of the ombudsman and his operation, the delegation said the government currently had a more concrete view of the duties of this institution as opposed to a couple of years ago when this office was viewed as little more than a Christmas decoration. The government had created a working group which would comprise members of government and civil society to help strengthen the status and functions of the ombudsman. The government would fund the institution in such a way that its autonomy would be guaranteed. The delegation said there would be a number of specific legislative procedures to guide the appointment and selection of the ombudsman.

The new Plan of Action for Human Rights, which started in 2008, had been developed with input from civil society representatives, and last week the parliamentary Commission on Human Rights had begun its review of the plan. During its consideration, the parliament planned to hear opinions of non-governmental organisations in order to have a proper view of the issues at stake before final adoption.

Regarding measures aimed at preventing discrimination, the delegation said the State had obligations to ensure access to justice for everyone, including national minorities. There were established procedures to prevent the violation of human rights, and those who felt their rights had been violated on religious or other grounds could submit their complaints to competent authorities such as the police. The required mechanisms were in place, but the State needed to improve on their applicability both by the police and by citizens.

The government had organised a series of seminars for members of the Prosecutors’ Office in order to promote training and a better understanding of the concept of human rights and racial discrimination. The Attorney General had developed software to combat internet related crimes which touched on discrimination and the violation of human rights.

In the current law criminal responsibility was required for everyone and did not just concern citizens so the reference to “citizens” had been dropped. Any public calls for violent actions on grounds of race had also been addressed in the new legal provisions.

Regarding the case of a student who had lost his residence permit because he had tested positive for HIV, the delegation said the court had resolved the matter by applying the European Union norms and the student’s residence permit had been re-instated.

Regarding the issue of data on the Roma population in the Republic of Moldova, the delegation said that according to the 1989 census this group made up 0.3 per cent of the population and following recent estimates this figure stood at 0.4 per cent. The delegation said that the figures reported by non-governmental and other social organisations claiming that there were between 150,000 and 200,000 Roma in the Republic of Moldova was false and misleading. The delegation noted that an independent Roma women’s group had also revealed that in 2007 there were 25,000 Roma in Moldova.

The delegation emphasised that Roma elite were emerging in the State and Roma youth organisations were increasing their participation in public life. There were about 40 Roma children in institutions of higher learning and universities. The delegation further informed the Committee that one of the members of the Governing Council was a representative of the National Roma Council. There were also initiatives to increase contact between Roma parents and schools, with special social workers who ensured this contact between school administration and parents of Roma children. According to the delegation there were no special schools for Roma children as they attended regular schools and followed the same educational system with the rest of the children.

Concerning the use of the term Tsigane to refer to Roma, the delegation explained that during a census in one of the settlement schools, the children were asked to indicate whether there were any Roma children in class. None of the children actually raised their hands when Roma or Gypsy was mentioned, but did so when the census agents asked for Tsigans.

Further Questions Posed by Experts

Following up on the use of the term Tsigane, an Expert said that the Committee’s concern was to prevent situations where people felt discriminated against because of their identity and asked the delegation to take that into consideration when formulating their questions for the next census. The Expert further encouraged the delegation to provide more specific information about the registration of religious communities, especially whether Islam was registered as a religion. Regarding the Gagaouz, the Expert asked for more information about the use of the Russian language by this group and the State’s recognition of this choice.

Response by Delegation

The delegation said that in 1996 the region of Gagaouz was created as a part of the Republic of Moldova and the autonomous region had elected a legislative body which adopted laws that did not contradict Moldovan law. In 2010 the autonomous Republic of Gagaouz elected a new president and business in that territory was carried out in three languages: Russian, Gagaouz and Moldovan. Teaching up to the university level was carried out in Gagaouz and the authorities of the Republic of Moldova had no problems with that. There were about 150,000 people in the autonomous Republic of Gagaouz, 20 per cent of whom had a nationality other than Moldovan.

Further Questions by Experts

Following up on the question about the Gagaouz, an Expert asked the delegation to give more information as to whether a Gagaouzi had the possibility to integrate into Moldovan society if he/she so desired.

Response by Delegation

The delegation said the autonomy granted to Gagaouz was the most effective solution arrived at for the problems faced by its people. The Gagaouz were fully integrated in Moldovan political and social life as their elected authorities were full members of the Moldovan executive and legislative bodies. The delegation stated that there was no segregation in relation to the Gagaouzi.

Further Questions by Experts

An Expert followed up on the issue of registration of religious groups by asking the delegation to provide further information as to why the responsibility for this had been transferred to the Ministry of Justice. Regarding the non-application of Articles 3, 4, and 6 the Expert said it appeared to be narrower than the Convention and asked the delegation to explain what the actual scope of the law was. The Expert expressed concern that people may be inhibited by social pressure from properly identifying themselves and asked the delegation to further clarify its criticism of the data provided by non-governmental organisations as to the Roma population in the Republic of Moldova. The delegation was asked to explain what measures the government had undertaken to prevent a re-occurrence of the December 2009 incident with regards to the Jewish celebration of the menorah put up in the central park.

Response by Delegation

The delegation explained that according to the law, the responsibility of granting legal status to any entity in the Republic of Moldova had been entrusted to the Ministry of Justice and only that ministry was competent in that domain.

The delegation said there had not been a problem in 2010 with the placement of the menorah in the park, and such incidents no longer occurred.

Preliminary Concluding Observations

In preliminary concluding observations, PATRICK THORNBERRY, the Committee Expert who served as country Rapporteur for the report of the Republic of Moldova, said the Committee had had a rich discussion with the delegation and they were thankful for that. The Committee would be very interested in new developments with regards to the legal framework on discrimination and looked forward to the outcome of the parliament’s review process. The Rapporteur said the standard was that if matters were raised on the report of the State party, the Committee would focus on those matters and follow them up with the interactive discussion and this had been the case. Mr. Thornberry underlined that the Convention did not only have a reactionary aspect, but was also very preventive and the full implementation of its recommendations could give the State a proper legal framework to further strengthen mechanisms to prevent racial discrimination and further the respect of human rights.

Mr. Thornberry said with regards to public manifests of religious beliefs, it would be very important for the State to inform the Committee on how its implementation of the guidelines was carried out as set out in various international instruments. Mr. Thornberry said the Committee would reflect on the data received and would inform the delegation of its resolutions and recommendations. The Rapporteur said the Republic of Moldova was a small, compact and complex State, but he sensed a new kind of wind in the country with regards to new developments in the realm of human rights and how the legal framework was developed, implemented and monitored. The Committee looked forward to reports of how the State would achieve the goals it had set for itself in applying the recommendations of the Committee.

In concluding remarks, ELENA BELEACOVA, Director General of the Office of Interethnic Relations, thanked the members of the Committee for allowing the Republic of Moldova to participate in today’s discussion. She said the implementation of the Convention had produced a change in the mindset of the people of the Republic of Moldova. She stressed the need for everybody living in the country to work together in a peaceful way in order to achieve the full mutual respect for the rights of all peoples. Ms. Beleacova said the State would continue its work and increase the implementation of all the recommendations of the Committee. The government would avail itself of the necessary instruments in order to create a culture of human rights throughout the territory of the Republic of Moldova.

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