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20 March 2003
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Geneva, 20 of March, 2003
Statement
By Mr. Nicolae DUDAU,
Minister of Foreign Affairs of the Republic of Moldova
to the UN Commission on Human Rights
Fifty-ninth Session
Dear Madam Chairwoman,
Dear High Commissioner,
Your Excellencies,
Ladies and Gentlemen,
It is a great honor for the Republic of Moldova and for me personally to address the present audience. On this occasion, from the behalf of our Government, I would like to congratulate Mrs. Chairwoman and the entire Bureau, as well as Mr. Sergio Vieira de Mello with his designation as High Commissioner for Human Rights especially considering the fact that human rights, in particular, and the UN System, generally, are going through a very rough period. We wish Mr. Sergio Vieira de Mello a lot of luck for the future and want to assure him of our support.
Dear Madam Chairwoman,
Above all, I would like to mention the tragic event that shocked us all, namely the assassination of the Prime-Minister of Serbia, Zoran Djindjic. On this sad occasion I would like to express sincere condolences of the Moldavian Government to Mr. Djindjici family and to the people of Serbia, which, certainly, will strengthen its cohesion in the further promotion of democratic reforms.
1. For my country, as a new independent state that have chosen a democratic development, observing human rights is the key-premise that determines the consolidation of the democratic political system, based on the rule of law and the supremacy of law. The Republic of Moldova, as a country with aspirations on its integration to the European Union, did undertake considerable efforts in this view. This measures has been increased especially after its adherence to the Council of Europe in 1995. They consisted in establishing a correlation between national legal framework, namely its practical accomplishments in the human rights area within our state, and the international standards and rules adopted by the relevant international treaties.
Herewith I would like to emphasize that the Moldavian Constitution itself stipulates that its provisions on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights and other international agreements that the Republic of Moldova joined. Thus, our Constitution establishes that international rules on human rights take priority over the national ones.
The Republic of Moldova is a party to the six main UN conventions and international agreements in the field of human rights. It has submitted to the respective UN Committees reports regarding all six conventions. Four of them have already been examined by the expert committees that sent to the Government of the Republic of Moldova their recommendations, to which a very much prominence is given.
Besides it, in order to eliminate gradually the incompatibility between the national and international laws on human rights, the legislative reform has been launched in Moldova. The new Penal Code, which was adopted in 2002, contains chapters that provide responsibility for:
crimes against life and health of a person,
against freedom, honor and dignity of a person,
against political, social and other constitutional rights of a person,
against family and minors,
for crimes against justice, that stipulate the responsibility of investigation and judicial authorities for making attempts on constitutional rights and freedoms of an individual.
Important guaranties of human rights and freedoms and of the protection of a person’s dignity are provided by the new Civil Code of the Republic of Moldova. Currently, the Parliament of the Republic of Moldova is finishing the work on the project of the new Code of Criminal Procedure, which is due to be adopted in the near future.
2. As a result of the efforts undertaken, our state has actually fulfilled its obligation to create and develop a certain mechanism of human rights protection and an adequate system of relevant national institutions. Thus, within the Parliament of the Republic of Moldova acts the permanent Commission on human rights and minorities.
However, the main human rights protection mechanism is the judicial system – a third independent link of the state power. A positive influence on this situation would have granting to the common citizens of the right to appeal directly to the Constitutional Court. A proposal of the Government in this sense is under consideration now in the national Parliament. In the meantime, after the adherence of the Republic of Moldova to the Council of Europe and ratification of the European Convention for protection of human rights and fundamental freedoms, our citizens have been granted the possibility to appeal directly to the European Court for Human Rights.
An important non-judicial mechanism of human rights protection has become the creation of the institution of parliamentary attorneys (ombudsman) and of the National Center for Human Rights – an independent institution for human rights protection and promotion. Only during last year the parliamentary attorneys has examined over 1.200 petitions and more than 3 thousands complaints.
Also in the field of human rights protection and promotion in Moldova act a big number of non-governmental organizations that are specialized in dealing with problems related to the rights of the child, the youth, women, minorities, pensioners, prisoners, refugees, and of other categories. The Government is promoting the dialog and co-operation with them, particularly in the field of informing and educating the population on human rights and fundamental freedoms.
It is also necessary to mention that the judicial culture of the population needs to be improved frequently, the citizens not being aware of their rights and of the rights protection mechanisms. That is why the studying of human rights was recently included in the programs of all educational and training institutions. Also, special human rights training programs for different categories of population were created in order to spread information on human rights and on the human rights protection mechanisms.
3. For further improvement of this situation the Parliament of the Republic of Moldova initiated the development of the National Plan of actions in the human rights area, acting in compliance with the recommendations of the World Conference for Human Rights. This initiative came together with the launching by the UNDP and the Office of the UN High Commissioner for Human Rights of the Global Common Program “Human Rights Strengthening” (“HURIST”). The mere fact that our country has been selected, along with other nine states from different parts of the world, as a pilot-state within this program, is a proof of international community’s trustiness to Moldova.
According to international recommendations and considering the experience of other states, the first step in fulfillment of the national Plan of actions in the human rights area is carrying out a research on the current situation in this field in the country. Today, I can state that the working out of this research has recently come to an end and till the end of March the National Conference dedicated to the official launch of this research is going to be held in Moldova. A great number of state representatives, scientists, well known independent experts, as well as trade-unions, NGO and mass-media representatives took part in the process of elaboration and discussion of the Study.
Thus, the objective of the President of the Republic of Moldova, Mr. Vladimir Voronin’s initiative on social agreement as a long-term instrument of interaction between the state and the civil society was achieved. The collaboration of the state institutions and the non-governmental sector within the National Plan of actions in the human rights area confirms the desire of the state to participate in an open dialogue. This dialogue is conducted with the purpose of solving current problems related to the consolidation of the state and to the identification of the means of fulfillment of human rights and freedoms, for the benefit of the whole society.
Here I would like to emphasize that these activities and achievements towards human rights consolidation in the Republic of Moldova would have been impossible without the support lent to my country during the last years. In this view, I would like to express my gratitude to the Office of the UN High Commissioner for Human Rights, United Nations Development Program, to the International Organization for Migration, as well as other international organizations and agencies.
Ms. Chairwoman,
4. Speaking on the achievements we, however, acknowledge that if the letter of law is, generally, corresponding to the international standards on human rights and a good legislative and institutional framework for their observance has been created, but the mechanism on their implementation and observance is far from to be perfect.
In this sense, I would like to draw your attention to the issue of human beings trafficking, that became a real social plague in my country. This phenomenon was also mentioned by Mr. Sergio Vieira de Mello in his Report. The state authorities, supported by the International Organization for Migration and the UN Commission for Human Rights, have launched a number of activities destined to deal with this issue. Thus, a governmental commission for combating human traffic was created. The new Penal Code provides more severe punishment for procuring, prostitution and human beings trafficking. At the same time, as a result of the Government’s decision, the National Plan of actions for prevention of human beings trafficking was adopted and included in the Anti-trafficking Plan for South-Eastern Europe. This Plan is the priority task within the Stability Pact for South-Eastern Europe.
Taking this opportunity, I would like to draw your attention, especially of the representatives of the donor countries, on the IOM project in this view, asking your kind support for its financing. The description of the project one can find in the last edition of the IOM Journal “Migration initiatives. Appeal for 2003”. I hope that the implementation of the project will constitute an important impact on combating human beings trafficking in South-Eastern Europe.
5. Another serious problem for Moldova is the issue of separatism, which besides its negative economical and political-military features is also characterized by the gross violations of human rights. Within the so called “transdniestrian region”, controlled by separatists, for a long period of time a discrimination policy is being promoted against the Moldavian population, that constitutes 41 per cent from the total of 600.000 persons. This policy directly affects the right of the native population to be educated in the mother tongue, it also bans social and political plurality, creates different restrictions regarding freedom of association. The separatist regime applies ex-soviet legislation, refusing to make adaptations to international standards; local authorities persevere in applying torture, inhuman and degrading treatment towards political prisoners.
In this regard I would like to mention the latest initiatives of Mr. Vladimir Voronin, President of the Republic of Moldova, aimed on the elaboration of the new Constitution of the Republic of Moldova. The main goal of the new Constitution is the final settlement of the old conflict between the official Chisinau and separatist leaders through the federalization of the Republic of Moldova.
However, in my opinion the maintenance in the center of Europe of such an "island" of outlaws and gross violations of all fundamental human rights and freedoms must disturb not only us, but other states and international organizations. I am convinced that the adoption of a more severe attitude towards the separatist regime, especially by the countries-members of the UN Commission for Human Rights, would be more than welcomed.
Ms. Chairwoman,
6. The delegation of the Republic of Moldova considers the new initiatives to reform and modernize the activity of the UN Commission for Human Rights, presented at this session by the UN High Commissioner for Human Rights in his first annual report, as being very important. We think that it would be appropriate to pay special attention to the initiative of transforming the reactive approach of the UN Commission on Human Rights in cases of gross violation of human rights into the preventive one. We also consider that the UN High Commissioner’s initiative to analyze at every three years the governments’ reports on the structure and activity of national human rights protection systems worth attention in view of its positive impact it could have on the improvement of the human rights situation on all continents.
In conclusion, I would like to wish success to the participants of this session and members of the UN Commission for Human Rights.
Thank you for attention.
* *** *
Statement
By Mr. Nicolae DUDAU,
Minister of Foreign Affairs of the Republic of Moldova
to the UN Commission on Human Rights
Fifty-ninth Session
Dear Madam Chairwoman,
Dear High Commissioner,
Your Excellencies,
Ladies and Gentlemen,
It is a great honor for the Republic of Moldova and for me personally to address the present audience. On this occasion, from the behalf of our Government, I would like to congratulate Mrs. Chairwoman and the entire Bureau, as well as Mr. Sergio Vieira de Mello with his designation as High Commissioner for Human Rights especially considering the fact that human rights, in particular, and the UN System, generally, are going through a very rough period. We wish Mr. Sergio Vieira de Mello a lot of luck for the future and want to assure him of our support.
Dear Madam Chairwoman,
Above all, I would like to mention the tragic event that shocked us all, namely the assassination of the Prime-Minister of Serbia, Zoran Djindjic. On this sad occasion I would like to express sincere condolences of the Moldavian Government to Mr. Djindjici family and to the people of Serbia, which, certainly, will strengthen its cohesion in the further promotion of democratic reforms.
1. For my country, as a new independent state that have chosen a democratic development, observing human rights is the key-premise that determines the consolidation of the democratic political system, based on the rule of law and the supremacy of law. The Republic of Moldova, as a country with aspirations on its integration to the European Union, did undertake considerable efforts in this view. This measures has been increased especially after its adherence to the Council of Europe in 1995. They consisted in establishing a correlation between national legal framework, namely its practical accomplishments in the human rights area within our state, and the international standards and rules adopted by the relevant international treaties.
Herewith I would like to emphasize that the Moldavian Constitution itself stipulates that its provisions on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights and other international agreements that the Republic of Moldova joined. Thus, our Constitution establishes that international rules on human rights take priority over the national ones.
The Republic of Moldova is a party to the six main UN conventions and international agreements in the field of human rights. It has submitted to the respective UN Committees reports regarding all six conventions. Four of them have already been examined by the expert committees that sent to the Government of the Republic of Moldova their recommendations, to which a very much prominence is given.
Besides it, in order to eliminate gradually the incompatibility between the national and international laws on human rights, the legislative reform has been launched in Moldova. The new Penal Code, which was adopted in 2002, contains chapters that provide responsibility for:
crimes against life and health of a person,
against freedom, honor and dignity of a person,
against political, social and other constitutional rights of a person,
against family and minors,
for crimes against justice, that stipulate the responsibility of investigation and judicial authorities for making attempts on constitutional rights and freedoms of an individual.
Important guaranties of human rights and freedoms and of the protection of a person’s dignity are provided by the new Civil Code of the Republic of Moldova. Currently, the Parliament of the Republic of Moldova is finishing the work on the project of the new Code of Criminal Procedure, which is due to be adopted in the near future.
2. As a result of the efforts undertaken, our state has actually fulfilled its obligation to create and develop a certain mechanism of human rights protection and an adequate system of relevant national institutions. Thus, within the Parliament of the Republic of Moldova acts the permanent Commission on human rights and minorities.
However, the main human rights protection mechanism is the judicial system – a third independent link of the state power. A positive influence on this situation would have granting to the common citizens of the right to appeal directly to the Constitutional Court. A proposal of the Government in this sense is under consideration now in the national Parliament. In the meantime, after the adherence of the Republic of Moldova to the Council of Europe and ratification of the European Convention for protection of human rights and fundamental freedoms, our citizens have been granted the possibility to appeal directly to the European Court for Human Rights.
An important non-judicial mechanism of human rights protection has become the creation of the institution of parliamentary attorneys (ombudsman) and of the National Center for Human Rights – an independent institution for human rights protection and promotion. Only during last year the parliamentary attorneys has examined over 1.200 petitions and more than 3 thousands complaints.
Also in the field of human rights protection and promotion in Moldova act a big number of non-governmental organizations that are specialized in dealing with problems related to the rights of the child, the youth, women, minorities, pensioners, prisoners, refugees, and of other categories. The Government is promoting the dialog and co-operation with them, particularly in the field of informing and educating the population on human rights and fundamental freedoms.
It is also necessary to mention that the judicial culture of the population needs to be improved frequently, the citizens not being aware of their rights and of the rights protection mechanisms. That is why the studying of human rights was recently included in the programs of all educational and training institutions. Also, special human rights training programs for different categories of population were created in order to spread information on human rights and on the human rights protection mechanisms.
3. For further improvement of this situation the Parliament of the Republic of Moldova initiated the development of the National Plan of actions in the human rights area, acting in compliance with the recommendations of the World Conference for Human Rights. This initiative came together with the launching by the UNDP and the Office of the UN High Commissioner for Human Rights of the Global Common Program “Human Rights Strengthening” (“HURIST”). The mere fact that our country has been selected, along with other nine states from different parts of the world, as a pilot-state within this program, is a proof of international community’s trustiness to Moldova.
According to international recommendations and considering the experience of other states, the first step in fulfillment of the national Plan of actions in the human rights area is carrying out a research on the current situation in this field in the country. Today, I can state that the working out of this research has recently come to an end and till the end of March the National Conference dedicated to the official launch of this research is going to be held in Moldova. A great number of state representatives, scientists, well known independent experts, as well as trade-unions, NGO and mass-media representatives took part in the process of elaboration and discussion of the Study.
Thus, the objective of the President of the Republic of Moldova, Mr. Vladimir Voronin’s initiative on social agreement as a long-term instrument of interaction between the state and the civil society was achieved. The collaboration of the state institutions and the non-governmental sector within the National Plan of actions in the human rights area confirms the desire of the state to participate in an open dialogue. This dialogue is conducted with the purpose of solving current problems related to the consolidation of the state and to the identification of the means of fulfillment of human rights and freedoms, for the benefit of the whole society.
Here I would like to emphasize that these activities and achievements towards human rights consolidation in the Republic of Moldova would have been impossible without the support lent to my country during the last years. In this view, I would like to express my gratitude to the Office of the UN High Commissioner for Human Rights, United Nations Development Program, to the International Organization for Migration, as well as other international organizations and agencies.
Ms. Chairwoman,
4. Speaking on the achievements we, however, acknowledge that if the letter of law is, generally, corresponding to the international standards on human rights and a good legislative and institutional framework for their observance has been created, but the mechanism on their implementation and observance is far from to be perfect.
In this sense, I would like to draw your attention to the issue of human beings trafficking, that became a real social plague in my country. This phenomenon was also mentioned by Mr. Sergio Vieira de Mello in his Report. The state authorities, supported by the International Organization for Migration and the UN Commission for Human Rights, have launched a number of activities destined to deal with this issue. Thus, a governmental commission for combating human traffic was created. The new Penal Code provides more severe punishment for procuring, prostitution and human beings trafficking. At the same time, as a result of the Government’s decision, the National Plan of actions for prevention of human beings trafficking was adopted and included in the Anti-trafficking Plan for South-Eastern Europe. This Plan is the priority task within the Stability Pact for South-Eastern Europe.
Taking this opportunity, I would like to draw your attention, especially of the representatives of the donor countries, on the IOM project in this view, asking your kind support for its financing. The description of the project one can find in the last edition of the IOM Journal “Migration initiatives. Appeal for 2003”. I hope that the implementation of the project will constitute an important impact on combating human beings trafficking in South-Eastern Europe.
5. Another serious problem for Moldova is the issue of separatism, which besides its negative economical and political-military features is also characterized by the gross violations of human rights. Within the so called “transdniestrian region”, controlled by separatists, for a long period of time a discrimination policy is being promoted against the Moldavian population, that constitutes 41 per cent from the total of 600.000 persons. This policy directly affects the right of the native population to be educated in the mother tongue, it also bans social and political plurality, creates different restrictions regarding freedom of association. The separatist regime applies ex-soviet legislation, refusing to make adaptations to international standards; local authorities persevere in applying torture, inhuman and degrading treatment towards political prisoners.
In this regard I would like to mention the latest initiatives of Mr. Vladimir Voronin, President of the Republic of Moldova, aimed on the elaboration of the new Constitution of the Republic of Moldova. The main goal of the new Constitution is the final settlement of the old conflict between the official Chisinau and separatist leaders through the federalization of the Republic of Moldova.
However, in my opinion the maintenance in the center of Europe of such an "island" of outlaws and gross violations of all fundamental human rights and freedoms must disturb not only us, but other states and international organizations. I am convinced that the adoption of a more severe attitude towards the separatist regime, especially by the countries-members of the UN Commission for Human Rights, would be more than welcomed.
Ms. Chairwoman,
6. The delegation of the Republic of Moldova considers the new initiatives to reform and modernize the activity of the UN Commission for Human Rights, presented at this session by the UN High Commissioner for Human Rights in his first annual report, as being very important. We think that it would be appropriate to pay special attention to the initiative of transforming the reactive approach of the UN Commission on Human Rights in cases of gross violation of human rights into the preventive one. We also consider that the UN High Commissioner’s initiative to analyze at every three years the governments’ reports on the structure and activity of national human rights protection systems worth attention in view of its positive impact it could have on the improvement of the human rights situation on all continents.
In conclusion, I would like to wish success to the participants of this session and members of the UN Commission for Human Rights.
Thank you for attention.
* *** *