NGO warns of potential loss of land to foreigners because of legislative proposal

In several years, what is now classified as agricultural land in Moldova could be re-purposed and privatized by foreigners, if a legislative proposal seeking to amend the land legislation is adopted, warns the Center for Analysis and Corruption Prevention (CAPC). CAPC experts told a Friday press conference that an apparently innocent amendment could produce irreversible changes whose impact is difficult to predict and which could leave Moldova without agricultural land, Info-Prim Neo reports. Under the current legislation, agricultural land may be re-classified to a different status only if its fertility level is found to be below 60%. Otherwise, agricultural land enjoys state protection and its re-classification is forbidden except for a limited number of cases. While today only the Government is authorized to change the purpose of land, the bill in question simplifies the procedure, granting this function to local authorities as well, explained CAPC expert Domnita Pagoni. One issue identified by CAPC is the lack of control on the procedure of appraising a plot of land's fertility level. “There is one single agency that appraises the fertility level and I admit the possibility that abuses may be committed here, when a plot of land is artificially downgraded”, said Domnita Pagoni, adding: “Here is where we see an increased interest from foreigners in Moldovan land. Whereas the existing laws forbid foreign companies to own agricultural land in our country, after land is re-purposed, it may well be that soon most land owners will be foreigners”. Pavel Zamfir, land and environmental law expert, said the bill lacked adequate arguments and, instead of adopting it, a simpler solution would be to amend Chapter 5 of the Land Code, allowing farmers to use part of the lands to build facilities like warehouses, refrigerator rooms, processing units, etc. “The information note to the bill argues that these facilities which need to be built, and for which the re-classification is required, are necessary for agricultural production. Here is where I see a threat to environment, because you can't just place such facilities anywhere the owner wants, since there is a set of sanitary rules which require these facilities to be located in certain places that meet certain standards. You need to coordinate the construction of such facilities and subject them to environmental appraisal”, said Pavel Zamfir. CAPC head Galina Bostan suggested that the bill could open up a Pandora's box. “You never know what they are going to build on these re-classified lands, for example, casinos, fitness clubs or the like, because everything needed for farmer activity already exists and, in most cases, one can build farm facilities within the existing laws. We don't know which are the reasons that motivated the author (Liberal MP Valeriu Munteanu) to submit this legislative proposal, but obviously lobby activity was involved”, suggested Galina Bostan. CAPC has assessed this and other bills as part of the 5th Corruptibility Assessment of Legislative and Normative Proposals Project, which enjoys financial support from the Sweden-based organization Civil Rights Defenders and the Swedish International Development Cooperation Agency.