IPN analysis: Gagauzia is taking steps to strengthen its independence. The officials in Comrat say they are determined to go until the very end. How can Chisinau combat these contradictory tendencies?
State in a state
In the recent past, the legislature of the autonomous territorial unit Gagauzia prepared a series of decisions that can be interpreted only as creation of parallel state institutions. On December 17, the People’s Assembly intends to adopt a decision on the creation of the own prototype of the Constitutional Court. The court, called the Regulation Tribunal, will monitor the implementation of the autonomous unit’s main law – the Regulations of Gagauzia.
Currently, all the disputes concerning the functioning of the Regulations, and the legislation of Gagauzia in general, are examined by the Comrat District Court, while in case of appeals – by the Comrat Court of Appeals. These bodies are part of the national justice system. It is rather improbable that Chisinau will recognize the Regulation Tribunal or it will be at least included in the legal system of Moldova as an autonomous body.
Another symbolical step that the People’s Assembly of Gagauzia (PAG) intends to take on December 17 is to adopt the Electoral Code of Gagauzia, which will regulate the election of deputies in the People’s Assembly, the administration of Gagauzia and the local public authorities. It should be noted that the document provides that the Central Election Commission of Gagauzia will be a permanent body. Until now, the local electoral commission was instituted only for the election of deputies and the Governor.
This intention of the Gagauz deputies aroused criticism in Chisinau. The deputy chairman of the Central Election Commission of Moldova Stefan Uritu considers that Gagauzia does not need an own electoral code and a permanent election commission. All the relevant problems must be regulated by the Electoral Code of Moldova in which changes concerning Gagauzia can be made, if necessary.
The necessity of a Gagauz election commission was questioned also by the chairman of the Central Election Commission of Moldova Iurie Ciocan. This spring, when this idea was discussed, Ciocan stated for a TV channel that the organization of the election of the Governor and the deputies of the PAG is regulated by the existing legislation and there is no need to amend it.
Right to self-determination
Until the decisions on the own CEC and the Regulation Tribunal are adopted in the next session of the PAG, the main conflict between the Gagauz and Moldovan authorities remains that related to the local referendum on the priorities of Moldova’s foreign policy course set for February 2. Comrat continues to ignore the position of Chisinau and decided to formulate one more question for the plebiscite - about the so-called ‘deferred status’ of Gagauzia. The voters will be asked if Gagauzia has the right to external self-determination if Moldova loses its independence.
The decision to hold a referendum was challenged by the local office of the State Chancellery and was suspended by the Comrat court. However, the authorities of the autonomous unit intend to hold a plebiscite by all means, regardless of the court decision.
It should be noted that a part of the Gagauz authorities, especially the Governor and the Executive Committee, didn’t recognize the local office of the State Chancellery. In 2010-2011, the conflict between the Executive Committee and the Government’s representative Stanislav Maican had been widely disseminated. Then the official was simply forced to leave certain events. Furthermore, the Governor made an order by which Maican was banned access to the head office of the Executive Committee, on the pretext that the State Chancellery monitors the observance of the legislation in the country’s districts, while Gagauzia has a higher status and has its own inspection bodies.
“Clean before people and loyal to bosses”
However, the official representatives of Gagauzia in their speeches make effort not to worsen the relations with Chisinau, underlining that their actions are based on the wish to protect the region’s interests. Thus, deputy Ivan Burgudji, one of the authors of a series of bills who was accused of separatism, told the public TV channel of Gagauzia that the right to set the country’s foreign vector belongs to the Moldovan authorities. But, given that Gagauzia takes part in the implementation of the country’s internal and external policy, it must know where the people would like to go – towards the European Union or the Customs Union.
Other members of the People’s Assembly say the daring statements of the deputies and the challenge filed to court can be elements of a political game of the Democratic Party. PAG deputy Fiodor Gagauz has told IPN that the court’s decision to suspend the holding of a referendum can be advantageous for the democratic majority from the Gagauz legislature. “This is rather suitable for them - clean before the people and loyal to the bosses,” said Gagauz, underlining that the referendum must be held.
“We are just making noise?”
The Gagauz society has dissenting opinions about the referendum. Many people are confused as the plebiscite will not have consequences in law. Thus, its need is doubted. This idea is shared by the editor-in-chief of one of the largest regional newspapers ”United Gagauzia” Dmitri Popozoglo. He has told IPN that he is indifferent to a referendum on the country’s foreign course, but will state his opinion if a plebiscite takes place. “I do not like activities without effect. We are just making noise,” stated Popozoglo. However he added that a referendum on the ‘deferred status” of Gagauzia will be the most important political event after 1994.
“This will be a serious warning for the central authorities. That’s why it should take place, despite the bans.”
Dmitri Popozoglo considers the creation of the own ‘Constitutional Court’ is extremely important and necessary.
Gagauzia will go until the very end?
When assessing the prospects of holding a referendum and of creating the own court of Gagauzia, the attitude of Governor Mihail Formuzal should be taken into account. “In an interview for IPN, the Governor said the autonomous unit must go in this case until the very end. The administration of Gagauzia is fully aware of the fact that all these problems, besides the political aspect, have also financial-technical aspects and, consequently, is ready to assume responsibility for its decisions.
“We understand that the Regulation Tribunal will need financing and skilled personnel. We are ready to look for money and to create a body that will function efficiently,” said Formuzal, adding that the new court will work as an autonomous body as part of the legal system of Moldova. “Even if Chisinau refuses to accept the creation of the Tribunal, this body will work.”
Simple-difficult condition
The latest events in Gagauzia are differently interpreted in Chisinau and Comrat. The Moldovan authorities, experts and civil society, with small exceptions, interpret the actions of the Gagauz administration as misuse of power in the best case and as an open expression of separatism in the worst case. The Gagauz side invokes the law on the special legal status of Gagauzia, which contains many rules that aren’t applied.
The Gagauz officials lay emphasis on this law, which was passed by Moldova’s Parliament in 1994, not accidentally. The implementation of the law, in accordance with the popular ideological formula in Comrat, is a guarantee of the existence of Moldova as an independent state. Thus, by its acts Gagauzia is trying to present itself as an anchor of Moldova’s statehood. Assessing the chances of existence of the Gagauz people, many prefer the autonomous unit to exist as part of Moldova as they see serious risks as regards a possible union with Romania. The acts of the Gagauz authorities can be interpreted as uncertainty about the safety and durability of the state. “We are for strengthening the independence and statehood of Moldova, but, if something happens, we would like to have a reserve variant.”
Unfortunately, the Moldovan authorities do not have what to counter this Gagauz logic with. Only protests and threats come from Chisinau for now. Something else is needed for the idea concerning the independence of Gagauzia to lose popularity. The authorities must convince the Gagauz people that they want an independent, neutral and prosperous Moldova. This is a simple, but simultaneously difficult condition.
Veaceslav Craciun, IPN
