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Status of neutrality: Legislative and political reflections with flame of war nearby. IPN debate


https://www.ipn.md/index.php/en/status-of-neutrality-legislative-and-political-reflections-with-flame-of-8004_1088412.html

A harsh war is taking place close to Moldova’s borders and the actions in such conditions should be analyzed from all the angles so as to consider the possible developments, including the most serious scenarios. The status of neutrality of the Republic of Moldova that is enshrined in the Constitution has been considered a shield variant until now. But the latest events show the status of neutrality is no longer a guarantee, at least not everywhere and not in all the cases. The experts invited to a public debate staged by IPN discussed why it is happening so, what should be done to change the situation and how the status of neutrality can represent a real shied for ensuring the security of the country and its people.

The standing expert of IPN’s project Igor Boțan said permanent neutrality is an international legal status of a sovereign state that, in virtue of a unilateral declaration of will or of an international treaty, is obliged not to take part in wars, except for cases of self-defense. The country needs to obey a policy in compliance with which, in case of war, it does not become involved in the war to support a belligerent state and does not provide direct military assistance. Also, a neutral state does not offer its territory to the aggressors for use and does not discriminate any of the sides in the supply of limited goods and weapons.

“So, the restrictions are equal for everyone or are fully absent. The country does not take part in military-political alliances, does not allow basing foreign military bases on the own territory. It should be clear that the status of permanent neutrality does not deprive the state of the right to self-defense, but this status can be ensured by an international treaty or by the national legislation,” explained the expert. According to him, the guaranteeing of permanent neutrality by the international community is not a condition for the existence of this status, but all the countries with a status of permanent neutrality want their status to be recognized by other states. The neutral states can take part in peacekeeping and war discouraging actions and the Republic of Moldova is a relevant example. The status of permanent neutrality can be yet reviewed.

Adrian Lebedinschi, MP of the Bloc of Communists and Socialists, said BCS submitted a legislative proposal to strengthen the mechanisms for ensuring the country’s permanent neutrality. There are states with well-developed economies that do not become involved in military conflicts caused by different states and this way they take care of their citizens. ‘The Republic of Moldova cannot become involved as it is too small to enter particular international military organizations. The citizens, the mothers will not understand why their children need to get involved in a military conflict in another state,” stated the MP.

According to him, the Republic of Moldova should have a well-trained, functional army. “Israel is an appropriate example. It is also a small state, but it can defend its borders,” said the MP, noting the bill proposed by BCS makes reference to the inviolability of Moldova’s territory, bans the location of foreign military forces and participation in military actions. After this bill is given a first reading, an extended working group should be set up to improve this draft law. “We reached a moment when we should all combine forces as everyone is exposed to risks. You see the stress experienced by our citizens and the persons who crossed our borders owing to this military conflict. We are now at the stage at which everyone, including the extraparliamentary parties, should take part in this platform so that we have a really good law based on the example of the states with experience,” said Adrian Lebedinschi.

Adrian Baluțel, MP of the Party of Action and Solidarity, said Moldova’s neutrality is endorsed by everyone, regardless of the political colors. This status enabled the Republic of Moldova not to become involved and to avoid the escalation of geopolitical confrontations, to declare that the country will not take part in escalations in other regions of the world or in the Black Sea Region, the Balkans. This enabled to ensure a balance in the deeply divided society that oscillates between the East and the West. Neutrality brings everyone together at the discussion table.

Avoiding to the MP, amid the war in Ukraine, neutrality is that element that excludes any reason for the Moldovans to be afraid of the country becoming involved or being under a military attack. The status of neutrality is stipulated in the Constitution. All the countries that recognized Moldova’s independence recognized it based on the Constitution and indirectly recognized its status of neutrality too. The Eastern countries and countries of the European Union stated their position by showing that they know the Republic of Moldova is neutral and will remain so, including with regard to particular sanctions.

The public debate titled “Moldova’s status of neutrality: How shall we turn aspiration into shield: Legislative and political reflections with flame of war nearby” was the 228th installment of IPN’s project “Developing Political Culture through Public Debates” that is supported by the Hanns Seidel Foundation.