The Republic of Moldova reached the 22nd year of independence. The IPN Agency decided to present the accomplishments and failures in the country’s development in a number of articles. Representatives of the current government, experts, former and current politicians stated their views on the steps taken by Moldova after August 27, 1991.
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Article No. 9 of the IPN series “Moldova-22. Steps forward and steps backward”, on the occasion of the Independence Day
The social rights, together with the right to decent living and the right to property, are most frequently violated in Moldova. However, in the 22 years of interdependence, Moldova managed to make certain progress in ensuring the observance of the human rights. But the authorities must take real steps and perceive these rights as a reality, which should become a part of life.
Moldova saw both progress and regression in human rights sector
Ombudsman Anatolie Munteanu believes that in 22 years of the proclamation of independence, there have been done many things to show that Moldova does not want to have the same fate as before 1991. Moldova joined important international conventions on human rights. “I would like the rights included in Chapter 2 of the Constitution of the Republic of Moldova and the provisions of the European Convention on Human Rights and of the Magna Carta to become a reality in Moldova. I think that the officials should first of all take real steps and perceive these rights as a truth or reality, which should become a part of life,” said the ombudsman.
Anatolie Munteanu stated they continue to say that we have good laws, but they are not implemented. He considers that it is not enough to have clear laws as we must also have an attitude and intelligence in implementing them. “No matter how good a law is, it remains a text on paper if it is not appropriately interpreted by the functionary,” he stated.
He also said that despite the progress made in certain areas, Moldova also sees regression in guaranteeing the constitutional rights, including as regards access to medical services. Anatolie Munteanu expressed his conviction that if Moldova does not have intentions to reform the medical system, the people will protest against the system with a wave of information about acts of corruption and the inappropriate organization of the health system.
Natalia Mardari, program coordinator at the Moldova Humans Rights Institute (IDOM), said that after 22 years of independence, Moldova didn’t yet establish an efficient system for monitoring the respect for the human rights in mental health institutions. As a result, the persons held in these institutions are exposed to an increased risk of exploitation and violence, violation of their basic rights and fundamentals freedoms. Moreover, these persons have slim chances of reporting the human rights violations and of seeking damages.
According to Natalia Mardari, there are cases when the given persons spend their entire life in psycho-neurological institutions. The sanitary-medical conditions are often inappropriate there. There are cases when women held in these institutions are sexually abused and forced to have an abortion, are subject to inhuman and degrading treatment, including beaten, insulted and confined to bed. “The legal framework on the legal capacity of the persons with mental disabilities should be reformed and the rights of these persons should be observed in accordance with the UN Convention on the Rights of Persons with Disabilities,” said Natalia Mardari.
Moldova must coupe with challenges in the area of human rights
Minister of Justice Oleg Efrim underlined that since the proclamation of independence in 1991, Moldova has taken a series of important measures to ensure the observance and protection of the human rights, committing also itself to respecting them. Thus, the Republic of Moldova ratified most of the basic UN Conventions on human rights, accepting the obligations deriving from them and presenting periodically national implementation reports. There were ratified many conventions of the International Labor Organization, including as regards forced labor and child labor, and international treaties on the humanitarian right.
Oleg Efrim said there are yet challenges that require new approaches and initiatives as regards the observance of the human rights, including the ratification of the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the recognition of the UN Committee on Migrant Workers.
Results achieved in the area of human rights protection
Oleg Efrim said that Moldova achieved significant results in the human rights protection in the process of implementing International and European Conventions, paying increased attention to the legislative strengthening of these rights confirmed in the government policies and in the framework-convention of the National Plan of Action on Human Rights. The first such plan covered the period between 2004 and 2008, while the second plan, for 2011-2014, is a continuation of the policies, with emphasis on the joining of international human rights instruments, adjustment of the national legislation to the international standards, ensuring of free access to justice, and improvement of the national human rights protection mechanisms.
“Moldova reasserts its intention to make use of all the possibilities of the international organizations to improve the human rights situation. I want to note the UN initiative to designate a foreign expert responsible for human rights to work in the Transnistrian region. This expert produced a report that includes a set of recommendations for improving the observance of the basic human rights and fundamental freedoms in Transnistrian as well as the measures that the competent authorities from both banks of the Nistru River should take,” stated the minister.
Oleg Efrim said that as a member of the Council of Europe, Moldova ratified the European Convention on Human Rights and most of its protocols, including Protocols No. 6 and No. 13 that provide for the abolition of capital punishment. Moldova was the first state that ratified the European Convention on Action against Trafficking in Human Beings. It also ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatments, based on which the Committee for the Prevention of Torture is paying regular visits to Moldova.
The minister underlined that a trend appeared in Moldova to create mechanisms and instruments for implementing a national system for promoting and respecting the human rights based on international legal instruments. Thus, by ratifying international and regional treaties on human rights, Moldova laid the foundations of a new legal and social system that developed vertiginously.
Anatolie Munteanu considers that Moldova made progress in ensuring the observance of the human rights owing to the country’s development pace. “We have a good dynamic in such areas as civil rights, political rights as regards the freedom of expression, the right to opinion. But we lag behind in the area of social rights,” said the ombudsman.
Submission of complaints to ECHR became a ‘trend’ among Moldovans
Asked about the large number of complaints to the ECHR filed by Moldovans, the minister of justice said that after the proclamation of independence the submission of complaints to the ECHR became a ‘trend’ among Moldovans rather than a necessity of recognizing a violation of the human rights by the national authorities. “Even now, most of the complaints concern not the imperfection of the legislation, which mainly complies with the international standards, but its incorrect and non-uniform implementation,” said Oleg Efrim.
He also said that in order to avoid new condemnations over the non-implementation or late implementation of definitive court decisions and over the non-observance of the right to a trial within a reasonable timeframe, the Government introduced a national remedy by a law adopted in 2011. For the judicial system to be fully functional, the legislation must be respected.
Oleg Efrim said it is absolutely necessary to change the mentality and the deep-rooted practices.
Anatolie Munteanu believes that things can be changed if society becomes more involved in state affairs, while the governments must ensure maximum convenience in this process. “We need a certain level of intelligence in the adoption of the approach. In the 22 years of independence, society has involved insufficiently and the state of affairs is as it is,” said the ombudsman.
Alina Marin, IPN
August, 2013
