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| Veaceslav Craciun | |
Last week a number of media outlets informed about Gagauzia’s wish to have its right to self-determination stipulated in the Constitution of the Republic of Moldova, in case Moldova loses the status of independent state. The news generated enough fuss, but this does not yet show the seriousness of the autonomous unit’s intentions. The text that was published on the website of the People’s Assembly of Gagauzia (APG-Y) and provoked scandalous debates cannot be classed as a legal document. For their part, experts admit that the real intentions of the initiative’s authors could bear no relation to the constitutional reform.
Contest for best reform
Most of the media outlets presented the news as an initiative of the People’s Assembly of Gagauzia. Things stand differently yet. Indeed, the document with the given proposals was published on the website of the APG-Y, but this cannot be called a bill or somehow else.
Besides the right to self-determination, the amendment text contains the proposal to make changes to the Constitution so as to give the APG-Y the status of body of the legislative power that adopts local laws; to raise the status of the law on the legal status of Gagauz-Yeri to the level of a special organic law; to allow assessing the legality of the decisions taken by the Executive Committee of Gagauzia in the Constitutional Court of the Republic of Moldova, not in common law courts, and also a series of norms that guarantee the rights of the autonomous unit.
All these ideas that derive from the explanations provided by the APG-Y were sent to the official website as part of the examination of amendments to Moldova’s Constitution that was initiated at the start of this year.
“A call was made to the interested persons to formulate proposals for amending the Constitution of the Republic of Moldova and strengthening important powers of Gagauzia,” says the press release issued by the APG-Y.
It should be noted that the form of the given document differs from the form of the legislative proposals adopted by the APG-Y. It does not contain the argued side, does not have the usual structure and the authors of the “amendments” are not mentioned.
In fact, we can speak about an idea to amend the Constitution based on a contest of letters of anonymous authors. It is rather hard to imagine how the given situation can be presented in Moldova’s Parliament. Pleading formally for strengthening the powers of Gagauzia, the People’s Assembly found itself involved in a situation that can discredit the bodies of power of the autonomous unit.
Does it has this right or not?
The idea that Gagauzia can ask for independence if Moldova stops existing as an independent state generated a heated debate in society.
Former Constitutional Court member Nicolae Osmochescu stated for Radio Chisinau that the initiative of the People’s Assembly of Gagauzia is rather political than legal in character. According to him, the APG-Y does not have the right to propose changes to the Constitution and the matter of self-determination can be introduced in the main law only as a result of a referendum.
President Igor Dodon, in a program on PRO TV channel, assured everyone that he frequently communicates with the people of Gagauzia and knows these as real advocates for statehood.
“They do not want separation and independence,” stated Dodon.
For his part, director of the Comrat-based public association “Piligrim-Demo” Mihail Sirkeli expressed his skepticism about the importance of the right to self-determination for Gagauzia, which does not solve somehow the problem of powers of the autonomous unit.
“I don’t understand why someone in Gagauzia would insist on this moment as there is no possibility for putting it into practice. We tried in the 1990s, but didn’t manage to. Sincerely speaking, Gagauzia does not have potential to supply itself,” Sirkeli told Nokta.md.
Useless polemics
It is highly improbable that the eventual separation of Gagauzia is key in this situation. The given norm is already stipulated in the Moldovan legislation. Article 1, paragraph (4) of the law on the special legal status of Gagauzia says that if the Republic of Moldova’s status of independent state changes, the people of Gagauzia have the right to external self-determination.
In 1995, MP of the bloc of peasants and intellectuals Vasile Nedelchuk requested the Constitutional Court to class this norm as unconstitutional. But the Court led by Pavel Barbalat rejected the request. “The provisions of Article 1, paragraph (4) of Law No. 334-XIII of December 23, 1994 concerning the special legal status of Gagauzia (Gagauz-Yeri) do not run counter to the Constitution of the Republic of Moldova,” says the CC judgement.
Thus, the subject of Gagauzia’s right to self-determination is not topical in practical terms and as regards the recognition of the legality of this right. The discussion between Chisinau and Comrat on other initiatives published by the People’s Assembly will most probably continue, but in a more serious format. The publication of anonymous constitutional amendment proposals by interested persons on the website of the administrative body of Gagauzia cannot produce an effective result, if only can block important issues.
Mihail Sirkeli reminded how in 2017, when a package of legislative proposals concerning the status of Gagauzia was to be adopted in Moldova’s Parliament, the speaker of the APG-Y Vladimir Kyssa, who formed part of the Democratic Party of Moldova, and his close colleague, deputy speaker Alexandr Tarnavski went unexpectedly to Tiraspol to sign a cooperation agreement between the APG-Y and the unrecognized supreme soviet of the “Moldovan Transnistrian republic”. That was an absolutely empty document whose main goal was to provoke Chisinau with speculations about the Gagauz separatism. According to the director of “Piligrim-Demo”, this was used as a strong argument by the opponents of the Gagauz bills, who argued it is not right to strengthen the autonomous unit that recognizes the Transnistrian separatist enclave. In this regard, the publication of the controversial document on the website of the APG-Y simultaneously with the initiation of consultations on the formation of the new government of the Republic of Moldova cannot be regarded as sheer coincidence.
“I don’t understand why this document was made public now, when negotiations on the formation of a coalition are held. Maybe this way someone pretends that “the homeland is in danger” and there is only one person who can ensure the integrity of the Republic of Moldova” wondered Mihail Sirkeli.
IPN publishes in the Op-Ed rubric opinion pieces submitted by authors not affiliated with our editorial board. The opinions expressed in these articles do not necessarily coincide with the opinions of our editorial board.