See related documentsElection observation report
| Doc. 11870
| 27 April 2009
Observation of the parliamentary elections in Moldova (5 April 2009)
Author(s): Ad hoc Committee of the Bureau
Rapporteur : Mr David WILSHIRE,
United Kingdom, EDG
1. Introduction
1. At the invitation of the Speaker
of the Moldovan Parliament, the Bureau of the Parliamentary Assembly of
the Council of Europe decided, on 30 January 2009, to form an ad
hoc committee composed of 20 members to observe the parliamentary
elections in Moldova on 5 April 2009, and to organise a pre-electoral
visit by five members of this committee, one from each political
group. This visit took place on 5 and 6 March 2009. Mr David Wilshire
was appointed chair and rapporteur of the ad hoc committee.
2. On 4 October 2004, the Parliamentary Assembly and the European
Commission for Democracy through Law (the Venice Commission) signed
a co-operation agreement. Article 15 of the agreement states that
"when the Bureau of the Assembly decides to observe an election
in a country in which electoral legislation was previously examined
by the Venice Commission, one of the rapporteurs of the Venice Commission
on this issue may be invited to join the Assembly’s election observation
mission as legal adviser."
3. Based on the proposals from the Parliamentary Assembly's political
groups, the ad hoc committee had the following membership:
- Mr David
Wilshire, Chairman of the delegation
- Group of the European People's
Party (EPP/CD)
- Mr Giuseppe
Galati, Italy
- Mr Yusuf Ziya Irbeç, Turkey
- Mr Denis Jacquat, France
- Mr Mustafa Ünal, Turkey
- Mr Egidijus Vareikis, Lithuania
- Mr Piotr Wach, Poland
- Socialist Group (SOC)
- Mrs Josette Durrieu, France
- Mrs Sinikka Hurskainen, Finland
- Lord Tomlinson, United Kingdom
- European Democratic Group
(EDG)
- Mr Igor Chernyshenko,
Russian Federation
- Mr David Wilshire, United Kingdom
- Group of the Unified European
Left (UEL)
- Mr Ioannis
Banias, Greece
- Mr Aleksei Lotman, Estonia
- Venice Commission
- Secretariat
- Mr Chemavon Chahbazian, Deputy
Head of the Interparliamentary Co-operation and Election Observation
Unit
- Mr Gaël Martin-Micallef, Secretariat, Venice Commission
- Ms Rachel Morel, assistant
- Ms Anne Godfrey, assistant
4. The ad hoc committee was part
of the international election observation mission (IEOM), which
also included election observers from the Parliamentary Assembly
of the OSCE, the European Parliament and the election observation
mission of the OSCE Office for Democratic Institutions and Human
Rights (OSCE/ODIHR).
5. The pre-electoral mission visited Chisinau on 5 and 6 March
2009 to assess the state of preparation and the political climate
in advance of the parliamentary elections on 5 April 2009. The delegation
comprised Mr Andres Herkel (Estonia, EPP/CD), interim Head of the
delegation, and Mr Ioannis Banias (Greece, UEL).
6. The pre-electoral mission concluded that the forthcoming parliamentary
elections would be a test of Moldova's democratic maturity, since
its citizens would be required to elect 101 members of parliament,
who would then elect the country's new President. It called on Moldova
to resolve the problems identified concerning electoral practice
and to implement the Assembly's recommendations in its
Resolution 1572 (2007). The end-of-visit memorandum on the pre-electoral mission
and the press statement appear as Appendices 1 and 2.
7. The ad hoc committee met in Chisinau from 4 to 6 April 2009.
The committee's programme of meetings appears in Appendix 3.
8. On 4 April it met representatives of the main political parties
who were standing for election, the secretary of the Central Electoral
Commission (CEC), the Head of the OSCE mission in Moldova, the Special Representative
of the Council of Europe's Secretary General, the political adviser
to the European Union Special Representative, the Head of the OSCE/ODIHR
election observation mission and his team and representatives of
civil society and the media.
9. This programme was unrealistically long and the allocation
of time between various topics was unbalanced. The informal group
considering the future of election monitoring missions is asked
to consider the format of the briefing day.
10. On polling day (5 April), the ad hoc committee was divided
into nine teams, which observed the elections in the capital Chisinau
and its surrounding areas, and also in the following cities: Riscani,
Glodeni and Falesti (in the north-west of the country) and Gagauzia,
in particular Basarabeasca (in the south). The teams that visited
Dubasari, Causeni and Rezina were able to observe the voting in
the special polling stations where Moldovan citizens living in Transnistria
could cast their votes.
11. The IEOM concluded that the Moldovan parliamentary elections
on 5 April 2009 were conducted in accordance with many international
standards and commitments but that additional progress was needed
to ensure that the electoral process was free from undue administrative
interference and to increase public confidence. The IEOM press release
is at Appendix 4.
12. The ad hoc committee wishes to thank the OSCE/ODIHR election
observation mission and the Secretary General's special representative
in Moldova for their co-operation and logistical support for the
committee and its pre-electoral visit. In recent times, the relationship
between Assembly missions and OSCE/ODIHR has not been easy. This
time real efforts were successfully made by both sides to improve
it.
2. Political and legal context
13. Moldova has a unicameral Parliament
of 101 members elected for four years by proportional representation
by the entire nation. Fifteen parties and six independent candidates
were registered by the CEC for the April 2009 elections.
14. Elections in Moldova result in a new parliament which has
to elect a President of Moldova within 45 days. This requires at
least 61 MPs voting in favour.
15. The second (and final) term of the current president, Mr Vladimir
Voronin, expired on 7 April 2009 but he continues in office until
his successor is elected. If the new parliament fails to elect a
president, new elections will have to be held.
16. In April 2008, the Moldovan Parliament approved certain amendments
to the Electoral Code. Some involved technical changes to the electoral
process. Others had major political implications, such as an increase
in the threshold for parliamentary representation from 4 to 6%,
a ban on forming electoral alliances ahead of elections and the
requirement for candidates with dual nationality to renounce their
second nationality if elected.
17. According to the Moldovan authorities, the higher threshold
for representation in Parliament and the ban on electoral alliances
are intended to stabilise the country's political system, which
is very fragmented and includes many political parties, most of
which only exist on paper. The restriction on the rights of citizens
with dual nationality was designed to avoid any outside influence
on the country's domestic politics, in view of the large number
of Moldovan citizens living abroad.
18. The Assembly’s Monitoring Committee had asked the Moldovan
authorities to continue to co-operate with the Venice Commission
in assessing its electoral legislation before the 2009 elections
(AS/Mon (2008)28). On 23 October 2008, the Venice Commission stated
in its joint opinion with OSCE/ODIHR that the revised Electoral
Code of Moldova provided a good basis for the organisation of genuinely
democratic elections, but added that some recommendations of the
opinion of 2007 have been only partially reflected in the revised
text.
19. The threshold for representation in Parliament has been altered
on a number of occasions. In 2005 it was reduced from 6 to 4% for
political parties and 12 to 8% for blocs of political parties. For
independent candidates it is 3%. For the April 2009 parliamentary
elections the threshold was again raised to 6%. The votes of parties
that fail to reach the 6% threshold are redistributed using the
d’Hondt system. The preliminary results published by the CEC on
8 April 2009 show that the votes to be redistributed among the four
winning parties represent more than 15% of the votes cast.
20. Despite the recommendation of the Venice Commission and the
OSCE/ODIHR concerning Article 91 of the Electoral Code, which requires
a 50% turnout for elections to be valid, this article has not been
amended.
21. Unfortunately, as with previous elections, there was no election
in Transnistria, which has been outside the de
facto authority of the Moldovan government since 1992.
The CEC decided to open 10 regular polling stations in the security
zone for Moldovan citizens residing in Transnistria. These voters
were registered on supplementary and separate electoral rolls and
placed their votes in separate ballot boxes. The votes were counted
and the documents announcing the results were published separately.
3. Electoral administration
22. The elections were administered
by a three-tier structure, comprising the CEC, 35 district electoral councils
(DECs) and 1,977 polling stations. The CEC is a permanent body with
nine members serving a five-year term of office. One of the members
is appointed by the President and one by the Government. The other seven
are appointed by the political parties represented in Parliament
according to the number of seats they hold.
23. The DECs comprise 11 members, two of whom are appointed by
the district court and the others by the parties represented in
Parliament. Those appointed by the courts must not be affiliated
to any political party. The polling stations have 5 to 11 members,
depending on the number of electors registered with them. The chairs,
vice-chairs and secretaries of the various electoral bodies are
elected by their members by secret ballot.
24. The CEC operated in a transparent and effective way. Its meetings
were open to the public, and to foreign and domestic observers.
The meeting agendas were announced on its Internet site. The CEC
took a number of important decisions, such as to stamp identity
cards to avoid double voting and to authorise persons whose identity
cards had expired to vote. However, improvements can still be made.
25. The major challenge for the CEC in the April 2009 elections
was the very large number of Moldovan citizens living in other countries
where there was no diplomatic representation to facilitate the establishment
of polling stations. These voters were therefore unable to take
part in the elections. According to various estimates, up to 500,000
persons were affected.
4. Registration of candidates
and voters
26. Fifteen parties and six independent
candidates were registered by the CEC for the April 2009 elections. The
political party lists had to comprise between 51 and 103 names.
Independent candidates required between 2,000 and 2,500 signatures
to be registered.
27. A total of 1,183 candidates were registered for the elections,
of whom 208 had dual nationality. Most of them were on the 12 lists
presented by the political parties. Following the ban on pre-electoral
alliances in the 2008 legislation, some party lists included candidates
who had until recently still been members of other parties. It should
be noted that although candidates are not obliged to be members
of the party for which they are standing, they may not at the same
time be affiliated to any other party.
28. The recent amendments to the Electoral Code dating from April
2008 restrict the eligibility of persons with dual or multiple nationalities.
They can stand for election but must renounce their second nationality
if elected. On 18 November 2008, the European Court of Human Rights
ruled that this constituted a breach of the right to be elected
under Article 3 of Protocol No. 1 of the European Convention on
Human Rights and found against Moldova (European Court of Human
Rights, case of Tǎnase and Chirtoacǎ v. Moldova (application no. 7/08),
judgment, Strasbourg, 18 November 2008).
29. On 17 March the CEC announced that 2,549,804 voters were registered
on the electoral roll, an increase of some 10% compared with the
2005 parliamentary elections. A comparison of data supplied by the Information
Development Ministry on the number of voters with the number of
voters on the electoral registers produced by local authorities
shows a discrepancy of about 160,000. This has caused considerable
concern about the accuracy of the electoral registers.
30. In this context, the OSCE/ODIHR observers reported that the
methods used to draw up electoral lists differ from one local authority
to another, particularly with regard to the inclusion of citizens
living abroad. On 23 March the CEC announced that voters residing
abroad should be included on the electoral registers.
31. The Electoral Code requires voters living abroad to cast their
votes in diplomatic representations or consulates. For this purpose,
33 polling stations were opened abroad and 22,064 voters were registered
for the elections. According to the Electoral Code, the number of
ballot papers intended for polling stations abroad must not exceed
the number of registered voters by more than 5% (i.e. just over
23,000). In the event 63,091 ballot papers were printed.
32. The accuracy of voters’ lists in Moldova continues to be a
matter of concern. The system used to record voters makes local
authorities responsible for updating registers before each election,
which leads to a lack of homogeneity in how this process is carried
out. It was also planned to produce a computerised register of voters for
these elections, but for various reasons, primarily financial, these
proposals could not be implemented.
33. The situation concerning the accuracy of voters’ lists must
be clarified as rapidly as possible, for at least two obvious reasons:
to avoid the risk of double voting and to increase Moldovan citizens'
confidence in the democratic process.
5. The election campaign
34. The political landscape in
Moldova is fragmented. 12 political parties and 5 independent candidates
were registered for the 5 April elections. Public opinion polls
suggested that only four or five parties would manage to exceed
the 6% minimum threshold for representation in Parliament.
35. The new Law on Political Parties adopted in December 2007
required the parties to bring their statutes into line with the
new legal provisions by 1 October 2008. At the end of January 2009
the Justice Minister considered the documents of all 28 political
parties and concluded that they complied with the requirements of the
new legislation.
36. The electoral campaign was pluralist, peaceful and without
any major violent incidents. Pluralism of opinions was mainly to
the fore in the press.
37. Some political parties, NGOs and media representatives reported
claims of intimidation and pressure exerted by the authorities.
Criminal investigations were conducted against a large number of
representatives of the opposition, including party leaders. According
to the authorities, these investigations were part of the fight against
corruption and tax evasion. The best known case was the criminal
investigation of Mr Urechean, the former mayor of Chisinau and leader
of the “Our Moldova” Alliance.
38. Claims of threats to dismiss civil servants supporting the
opposition, especially at local level and of pressure on civil servants
and students to take part in events organised by the ruling party
or to stay away from opposition meetings were also reported.
39. Most of the representatives interviewed during the election
campaign, including those from the opposition parties, did not think
that there would be any electoral fraud on election day, but did
feel that the electoral process had been unfair in the light of
the problems noted during the election campaign.
6. Media environment
40. Media coverage of the election
campaign is regulated by the Electoral Code and the CEC’s Regulations on
Media Coverage of Election Campaigns, which is based on a document
prepared by the Audiovisual Co-ordination Council (ACC), the audiovisual
media regulating body.
41. The audiovisual media, particularly the public TV channel
Moldova 1 and Radio Moldova, are the main sources of information
in Moldova, especially in the rural areas, because they cover virtually
the whole country.
42. While welcoming the pluralism of opinions expressed, particularly
in the print media, the ad hoc committee was concerned by the reports
from the OSCE/ODIHR about equality of access and balance in the coverage
of the activities of all political parties by the audiovisual media,
especially the nationwide public TV channels, which are funded from
the State budget.
43. OSCE/ODIHR reported that, the election campaigning by the
Communist Party of Moldova was presented positively, whereas the
activities of the opposition parties were generally shown in a neutral
or even negative light. The Moldova 1 public channel devoted a great
deal of airtime to the official activities of the President of Moldova
and the members of the Government, many of whom were included on
the ruling party’s list of candidates.
44. In December 2008, the private channel PRO TV ran into problems
with extending its licence, despite being a source of balanced information,
according to some people we interviewed. On 25 February 2009 the TV
channel Albasat was visited by the police, officially in order to
check on specific staff employment contracts and look into possible
tax evasion.
45. OSCE/ODIHR also reported that the PRO TV and TV7 channels
covered the electoral process much more even-handedly, including
reports criticising the authorities, although they had much lower
audience ratings than Moldova 1.
46. The CEC and the ACC received dozens of complaints about the
functioning of the media during the election campaign. The ACC is
the only body empowered to take action against media bodies that
breach the relevant legislation. On 24 March 2009 the ACC issued
warnings to seven TV channels, including Moldova 1, for failing
to comply with the principles of pluralism in covering the election
campaign.
7. Election day
47. Election day passed calmly,
voting was well organised, and the atmosphere was peaceful in virtually
all the polling stations visited by the members of the ad hoc committee.
According to the observers’ statistics, the voting procedure was
deemed “good” or “very good” in 98% of all polling stations.
48. The members of the ad hoc committee were pleased to note the
long opening times of polling stations, from 7 am to 9 pm; the presence
in virtually all polling stations of representatives of most political
parties and national observers; the atmosphere of mutual respect
among party representatives present in the polling stations; the
absence of police around the polling stations and inside the buildings
housing the stations.
49. The members of the ad hoc committee noted a number of relatively
minor problems, including the presence of numerous representatives
of the same political party in the polling stations, although this
is not prohibited by the regulations; long queues in some polling
stations; minor unintentional procedural errors; isolated cases
of voters being turned away for lack of an official stamp on their
identity cards; difficult access to some polling stations and old
fashioned ballot-boxes.
50. A few members of the ad hoc committee also noted a very small
number of more serious problems, such as people voting on behalf
of someone else and unsealed ballot boxes.
51. Turnout at the parliamentary elections was 57.54%, meaning
that they were valid under Moldovan law, which requires a minimum
50% turnout. Only four parties managed to exceed the minimum threshold
during the elections, namely the Communist Party of the Republic
of Moldova, with 49.48% of the vote (60 seats), the Liberal party
with 13.13% (15 seats), the Democratic Liberal Party with 12.43%
(15 seats) and the “Our Moldova” Alliance with 9.77% (11 seats).
These results confirm the ad hoc committee’s concerns that the high minimum
threshold for representation in Moldova might be detrimental to
pluralism. Of the 101 members elected to the new Parliament, 22
hold dual nationality; their mandates will be validated if they
renounce the second nationality
8. Events after the election
52. After the departure of the
ad hoc committee on 7 April, thousands of demonstrators, mainly
students, took to the centre of Chisinau to protest about the results
of the parliamentary elections. The demonstration began peacefully,
but demonstrators subsequently managed to enter the Moldovan presidential
and parliamentary buildings, causing material damage. A number of
demonstrators and members of the security forces were injured. Some
200 individuals were arrested.
53. The representatives of the international community immediately
condemned the acts of violence and vandalism. Mr Lluís Maria De
Puig, President of the Parliamentary Assembly of the Council of
Europe and Mr Miguel Angel Moratinos, Chairman of the Committee
of Ministers and Spanish Minister for Foreign Affairs and Co-operation
made the following statement: “We have learned with concern about
the violent events which have taken place in Chisinau following
the 5 April parliamentary elections in Moldova. The storming of
public buildings is unacceptable and we urge a halt to any further
violence on all sides. We underline at the same time the importance
of securing people’s right to peaceful assembly. We call on all
political leaders in the country to enter into a dialogue with a
view to preventing any further violence”.
54. The President responded to the mass protests by asking the
Constitutional court to order a recount. It agreed.
55. The CEC held the recount on 15 April. Observers accredited
for the 5 April 2009 elections were invited to be present but the
opposition parties boycotted the recount. On 21 April, the CEC announced
the results of the recount which confirmed the results announced
on 6 April. The Communist party obtained 60 seats, the Liberal party
– 15 seats; the Liberal Democratic Party – 15 seats and the “Our
Moldova” Alliance – 11 seats. The opposition immediately declared
that it would contest the results in court.
56. The situation, at the time of writing, remains tense and unclear.
9. Conclusions
57. The Assembly Ad hoc Committee
to observe the parliamentary elections in the Republic of Moldova concluded
that the elections held on 5 April 2009 had met many international
standards and commitments, but that further improvements were required
to ensure an electoral process free from undue administrative interference
and to increase public confidence.
58. The ad hoc committee notes that the 2008 amendment to the
Electoral Code made technical improvements to the electoral process
during the 5 April 2009 parliamentary elections.
59. The ad hoc committee considers that the CEC worked efficiently
and transparently. It notes with satisfaction that its meetings
were open to the public, including foreign and national observers.
Furthermore, the meeting agendas were published in advance on the
CEC’s website in order to reinforce trust in the electoral process.
60. The ad hoc committee stresses that the lists of all political
parties and independent candidates were registered in an inclusive
manner, that there was an atmosphere of tolerance during the election
campaign and that pluralism of opinions was respected, especially
in the press.
61. The ad hoc committee regrets that according to evidence collected
by OSCE/ODIHR and others a number of problems identified during
previous elections remain. We were told that they include:
- cases of pressure during the
election campaign against opposition party representatives, by the
police;
- threats to dismiss civil servants supporting the opposition;
- lack of electoral list accuracy and the uneven updating
of these lists by the various local government bodies;
- unbalanced media coverage of the election campaign by
the public audiovisual media, and the uneven access to the media
for the political parties standing for election.
62. The ad hoc committee concluded that the citizens were able
to express their choices freely on election day, in an atmosphere
of tolerance and mutual respect among the political party representatives
in the polling stations. According to ODIHR statistics, such observers
were present in 97% of the polling stations.
63. The ad hoc committee condemns the acts of violence and vandalism
committed in Chisinau after the elections, although it supports
the right of individuals to express their political opinions in
a peaceful manner.
64. The ad hoc committee believes that all the disputes relating
to the elections, as well as the inquiries into the events after
the elections, must be handled through the courts.
65. The ad hoc committee welcomes the decision taken by the Constitutional
Court of the Republic of Moldova to organise a recount of the ballot
papers in order to bolster the citizens’ confidence in the democratic process.
10. Recommendations
66. The ad hoc committee to recommends
that the government and parliament of Moldova should:
- continue their co-operation
with the Monitoring Committee to further improve their electoral
legislation and procedures;
- improve effective implementation of its electoral legislation;
- before further amending electoral legislation ensure there
is close consultation with individual politicians and political
parties;
- amend legislation well in advance of the next national
elections in order to make the political system more stable;
67. The ad hoc committee also recommends that the government and
parliament should continue to drawn on the recommendations and expert
opinions of the Venice Commission of the Council of Europe to improve their
electoral legislation, especially in following fields:
- electoral thresholds;
- drawing up electoral lists enabling all Moldovan citizens
to take part in the elections, including those residing abroad;
- increasing the independence and neutrality of the electoral
commissions;
- ensuring equal access and party balance in the media;
- clarifying responsibilities for handling complaints and
appeals.
68. Finally the ad hoc committee recommends that the informal
ASSEMBLY group considering the future of our electoral missions
seeks to build on the improvements in our relationship with OSCE/ODIHR.
Appendix 1 –
Observation of the parliamentary elections in the Republic of Moldova
(5 April 2009)
(open)
Pre-electoral
mission, Chisinau, 5 and 6 March 2009
Memorandum prepared by Mr Andres
Herkel (Estonia, EPP/CD), Head ad interim of the delegation
1. The pre-electoral delegation
visited Chisinau on 5 and 6 March 2009 to assess the state of preparations and
the political climate in the run-up to the parliamentary elections
of 5 April 2009. The delegation consisted of Mr Andres Herkel (Estonia,
EPP/CD), Head ad interim of
the delegation, and Mr Ioannis Banias (Greece, UEL). Unfortunately
no members were available to represent the other political groups
of the Parliamentary Assembly of the Council of Europe within the
delegation.
2. The declaration issued by the delegation at the end of its
visit can be found in Appendix 1.
3. During the visit to Chisinau the delegation had meetings with
Mr Marian Lupu, Speaker of Parliament, Mr Vitalie Pirlog, Minister
of Justice, the leaders of the parliamentary parties participating
in the elections and the leaders of the principal non-parliamentary
opposition parties, the President and members of the CEC, the Chairman
of "Teleradio Moldova", the Chairman of the Audiovisual Coordinating
Council and representatives of the international community, civil
society and the media. The programme of the visit is set out in
Appendix 2. The pre-electoral delegation wishes to thank the Parliament
of the Republic of Moldova and the staff of the office of the Special
Representative of the Secretary General of the Council of Europe
in Chisinau for the excellent organisation of the visit and the
logistical support given to the delegation.
4. For the parliamentary elections being held on 5 April 2009,
the CEC has registered fifteen political parties and six independent
candidates. The 101 members of Moldova's parliament will be elected
under a proportional representation system. Two political issues
are at stake in these parliamentary elections: the establishment
of a 61-seat parliamentary majority and, subsequently, the election
by the newly elected parliament of the new President of Moldova,
for which a 61-member majority is required.
5. The second term of office of the incumbent President, Mr Vladimir
Voronin, expires on 7 April 2009. He will continue to perform his
duties until his successor is elected. Under the country's constitution
the new parliament has 45 days to elect the new President. In this
connection, the pre-electoral delegation noted that none of the
parties had so far advanced the name of a potential presidential
candidate.
6. The pre-electoral delegation reminded the persons with whom
it spoke that the ASSEMBLY Monitoring Committee had called on the
Moldovan authorities to continue co-operating with the Council of
Europe's Venice Commission in its assessment of the country's electoral
legislation prior to the elections taking place in 2009 (AS/Mon(2008)28).
In its October 2008 opinion on the subject the Venice Commission
concluded that the revised Electoral Code of Moldova "provides a
good basis for the organisation of genuinely democratic elections"
while adding that some of its earlier recommendations were not reflected
in the revised text.
7. In this connection the pre-electoral delegation voiced concerns
about the following issues: the increase in the threshold for obtaining
seats in parliament from 4 to 6%; the ban on forming pre-electoral
alliances; the restriction of the rights of citizens with dual nationality,
who can stand for election but must renounce their second nationality
if elected.
8. During its meeting with Mr Marian Lupu, Speaker of Parliament,
the pre-electoral delegation was informed that the increase in the
threshold for obtaining seats in parliament and the ban on forming
pre-electoral alliances were aimed at stabilising the country's
political scene, which was very fragmented with a proliferation
of parties, many of which existed only on paper. The restriction
of the rights of citizens holding dual nationality would prevent
external factors from having a potential impact on the country's
domestic politics given the large number of Moldovan citizens living
abroad.
9. In this context the pre-electoral delegation referred to the
case of Tanase and Chirtoaca versus the Republic of Moldova in which,
on 18 November 2008, the European Court of Human Rights had held
that this restriction of the rights of citizens with dual nationality
constituted a violation of the right to stand for election pursuant
to Article 3 of Protocol No. 1 to the European Convention on Human
Rights.
10. All of the opposition parties criticised the increase in the
threshold for obtaining seats, since, based on the statistics, it
would mean that nearly 16% of votes cast would be unrepresented
in parliament. Moreover, according to some of the people with whom
the delegation spoke, the principal reason for this increase was the
authorities' desire to prevent regional parties, in particular those
from Transdniestria and Gagauzia, from obtaining seats in parliament.
11. Moreover certain political parties, NGOs and media representatives
drew the pre-electoral delegation's attention to the existence of
cases of intimidation and to pressures exerted by the authorities.
In particular, criminal investigations had been initiated against
many opposition representatives, not least party leaders. The authorities'
official version is that these investigations are linked to the
efforts to prevent corruption and tax fraud. The most well-known
case is the criminal investigation concerning Mr Urechean, former
mayor of Chisinau and the leader of the Our Moldova Alliance. It
is nonetheless unlikely that these investigations will be concluded,
and result in referrals to the courts, before the elections of 5
April 2009.
12. Certain NGOs, opposition parties and media representatives
also mentioned other cases of pressure or intimidation by local
authority representatives, such as threatening opposition party
activists employed in local government with loss of their jobs,
difficulties in obtaining places for organising meetings and events
and intimidation by the police during public gatherings. In addition,
they reported that administrative resources were being used for
the election campaign and that the authorities had been distributing
humanitarian aid just before the start of the campaign.
13. Most of the people with whom the delegation spoke, including
opposition party representatives, thought there would be no fraud
on the day of the elections but that the electoral process could
not be deemed fair on account of the problems noted during the campaign.
In this connection, the pre-electoral delegation underlined that
democratic elections are not confined to voting day and that the
country's authorities and all political players had a huge responsibility
for ensuring the necessary conditions so that all citizens of Moldova
could freely express their will.
14. Concerning media coverage of the election campaign, the public
service radio and television (Moldova 1) are the most easily accessible
by people virtually all over the country, especially in rural areas.
In December 2008 a private channel PRO TV, which some of the people
with whom the delegation spoke described as a source of balanced
news coverage, encountered problems in obtaining a licence extension.
On 25 February 2009 the Albasat television channel received a visit
from the police with the official aim of verifying certain employment
contracts and detecting possible tax evasion.
15. While welcoming the pluralism of opinions in the print media,
the pre-electoral delegation voiced concerns about the equal access
of all political parties to the broadcast media, in particular television
channels with nationwide coverage. The delegation considers that
the news reporting environment should be much calmer, tolerant and
neutral and that the media should avoid becoming means of spreading
propaganda for specific political parties. Incidentally, in spite
of the fact that the Council of Europe’s office in Chisinau had invited
representatives from various political backgrounds to the round
table, some media representatives, close to the Government, in particular
the representative of the multimedia news agency, OMEGA, expressed their
disagreement with the choice made.
16. The pre-electoral delegation draws attention to the fact that
the CEC, where five members out of nine come from the opposition
parties, has been operating in a transparent manner and to the climate
of confidence that reigns there. The great challenge for the CEC
during the parliamentary elections will be the very large number
of Moldovan citizens who live abroad in countries where there is
no diplomatic representation making it possible to set up polling
stations, as a result of which these voters may be unable to participate
in the elections. According to estimates, over 500,000 people could
be disenfranchised in this way.
17. The delegation concluded that the parliamentary elections
of 5 April 2009 will be a test of the maturity of democracy in the
Republic of Moldova, since its citizens will elect 101 members of
parliament, who will then elect the country's new President. It
calls on the authorities of Moldova to eliminate the problems identified
in electoral practice and to implement the recommendations set out
in the Parliamentary Assembly's
Resolution 1572 (2007).
18. The Moldovan authorities and the CEC have assured the delegation
that all steps will be taken to solve the problems noted, so as
to guarantee the democratic nature of these parliamentary elections.
Appendix 2 –
Republic of Moldova: Declaration of the pre-electoral mission of
the Parliamentary Assembly of the Council of Europe
(open)
Chisinau, 6.03.2009 – A pre-electoral delegation
from the Parliamentary Assembly of the Council of Europe, visiting
Chisinau on the eve of the parliamentary elections of 5 April 2009,
noted considerable pluralism in the political landscape of the country.
However, the delegation stresses that, despite the repeated
recommendations of the Assembly and other bodies of the Council
of Europe, a number of concerns continue to subsist during this
electoral campaign.
More precisely, the pre-electoral delegation was informed
of the following issues: use of administrative resources for the
campaign, cases of pressure or intimidation, accuracy of voters’
lists.
The delegation welcomes the pluralism of opinions in the print
media but is preoccupied by the problem of equal access of all political
parties to the broadcast media, particularly those TV channels with
nationwide coverage.
The ASSEMBLY pre-electoral delegation notes that the Venice
Commission of the Council of Europe, in its October 2008 opinion,
concluded that the revised Electoral Code of Moldova “provides a
good basis for the organisation of genuinely democratic elections”,
while adding that some of its recommendations have not been reflected
in the revised text.
The delegation considers that the parliamentary elections
of 5 April 2009 will be a test of the maturity of democracy in Moldova,
as its citizens will elect 101 members of the Parliament, which
will then elect the new President of the country. It calls on the
authorities of Moldova to eliminate the problems identified in electoral practice
and to implement the recommendations of the Parliamentary Assembly
contained in its Resolution 1572
(2007).
The delegation stresses that democratic elections are not
limited only to voting day. The authorities of the country and all
political actors have a huge responsibility to ensure the necessary
conditions for the free expression of the will of all citizens of
the Republic of Moldova.
The pre-electoral delegation has been assured by the authorities
of Moldova, as well as by the Central Electoral Commission (CEC),
that all measures will be taken to eradicate the problems identified
in order to guarantee the democratic character of these parliamentary
elections.
The pre-election delegation met Marian Lupu, the Chairman
of the Parliament, Vitalie Pirlog, the Justice Minister, the Chairman
and members of the CEC, leaders of political parties participating
in these elections, representatives of the mass media, civil society
and the international community.
The Parliamentary Assembly will send a 20-member delegation
to observe the parliamentary elections on 5 April 2009.
Members of the delegation:
- Mr Andres
Herkel (Estonia, EPP/CD), Head ad interim of the delegation
- Mr Ioannis Banias (Greece, UEL)
Appendix 3 –
Ad hoc Committee for the observation of the Parliamentary Elections
in the Republic of Moldova (5 April 2009)
(open)
Programme
Thursday, 2 April
2009
Arrival at Chisinau.
Friday, 3 April
2009
18h00-18h30 Informal meeting of the members of the Assembly
delegation
Saturday, 4 April
2009
08h30-09h30 Meeting of the Assembly delegation (Jolly Alon
Hotel) (files and accreditations available for collection – organisation
of deployment)
09h45 Departure for the Leogrand Hotel Conference Center
10h00-10h15 Opening by the Heads of Parliamentary delegations
- Mr Petros Efthymiou, Head of
Delegation of the OSCE Parliamentary Assembly and Special Co-ordinator
of the OSCE CiO to lead the OSCE STOs
- Ms Marianne Mikko, Head of Delegation of the European
Parliament
- Mr David Wilshire, Head of Delegation of the CoE Parliamentary
Assembly
10h15-10h30 Political background
- Mr Mindaugas Kacerauskis, Political Advisor to the EU
Special Representative for the Republic of Moldova
- Ambassador Philip N. Remler, Head of the OSCE Mission
to Moldova
- Mr Vladimir Ristovski, Special Representative of the Secretary
General of the Council of Europe
10h30-11h30 OSCE/ODIHR Core Team
Introduction: Mr Nikolai Vulchanov, Head of Mission
Political overview; National Minorities; Gender: Mr Falk
Lange, Political Analyst
Campaign activities and media landscape: Mr Ivan Godarsky,
Media Analyst
Complaints: Ms Francine Barry, Legal Analyst
Election administration and E-Day procedures: Mr Alexander
Yurin, Election Analysts
Observation forms: Mr Anders Eriksson, Statistics Expert
Questions and answers
11h45-12h30 Electoral Administration
Mr Iurie Ciocan, CEC Secretary
12h30-13h15 Roundtable with Observer organisations
- Mr Paul Strutzescu, Chairperson
or Ms Olga Straton, Program Coordinator, League for Human Right
Protection in Moldova (LADOM)
- Mr Alexandru Barbov, Executive Director of the coalition
“Civic Control – Elections 2009”
13h15 Lunch
14h30-16h30 Meeting with representatives of Political Parties
Mr Grigorie Petrenco, Party of Communists of the Republic
of Moldova (PCRM)
Mr Vlad Cubreacov, Christian Democratic People’s Party (PPCD)
Centre right parties:
- Mr Veaceslav
Untila, ‘Moldova Noastra (Our Moldova)’ Alliance (AMN)
- Mr Dorin Chirtoaca, Liberal Party (PL)
- Liberal Democratic Party of Moldova (PLDM)
Centre left parties:
- Mr Dumitru
Braghis, Chairperson, Social Democratic Party of Moldova (PSDM)
- Mr Olentir Andrei, Democratic Party of Moldova (PDM)
- Mr Veaceslav Afanasiev, Centrist Union of Moldova (UCM)
16h30-16h45 Break
16h45-17h30 Roundtable with NGO Representatives (International
and Moldovan)
- Mr Igor Botsan,
Executive Director, Association for Participative Democracy (ADEPT)
- Mr Serghei Ostaf, Executive Director, Resource center
for Human Rights NGOs in Moldova – CREDO
- Mr Alex Grigorevs, Resident Director or Aleksandar Bratkovi,
Program Manager, National Democratic Institute (NDI)
- Mr Stevan Rader, Program Director, International Republican
Institute (IRI)
- Mr Andrei Brighidin, Program Manager, Eurasia Foundation
- Ms Nadine Gogu, Interim Director, Independent Journalism
Centre
- Mr Petru Macovei, Executive Director, Association for
Independent Press (API)
17h30-18h30 Roundtable with Media representatives
TV: Mr Igor Burciu, News Director, Euro TV and Mr Serguey
Riazantzev, Director, NIT
Radio: Mr. Veaceslac Tabuleac, Director, Vocea Basarabiei
Print press:
- Mr Ion
Berlinski, Editor in Chief, Moldova Suverană,
- Mr Dmitrii Ciubasenco, Editor in Chief, MoldavskieVedomosti,
- Ms Marian Rata, Jurnal de Chişinău,
- Mr Gheorghe Budeanu, Timpul de Dimineaţă
18h30 Concluding remarks by the heads of delegations
18h35 Deployment
Observers’ Safety
Mr Emil Pyrich, Security Officer
Area specific briefing conducted by OSCE/ODIHR LTO teams
and distribution of the regional briefing packs
Meeting with interpreters and drivers
Sunday, 5 April
2009
Election day Observation of Opening, Voting and Vote Count
17h00 Informal meeting of the members of the Assembly delegation
Monday, 6 April
2009
08h30-09h30 Debriefing Assembly delegation (meeting room of
the Jolly Alon Hotel)
10h00 Debriefing Heads of Delegation (Hotel Leogrand)
Preparation of press conference and press statement
14h00 Press conference (Hotel Leogrand)
Appendix 4 –
Moldova’s elections met many international standards, but further
improvements are needed, observers say
(open)
Strasbourg, 6.04.2009 – Yesterday’s parliamentary
elections in Moldova met many international standards and commitments,
but further improvements are required to ensure an electoral process
free from undue administrative interference and to increase public
confidence, the International Election Observation Mission said
in a statement issued today.
The elections took place in an overall pluralistic environment,
offering voters distinct political alternatives. The legal framework
generally provided an adequate basis for the conduct of a democratic
election, although important previous recommendations remain to
be addressed.
Election day was well-organized and passed calmly and peacefully,
with no major incidents reported. The voting and counting process
was assessed positively by the observers, despite a number of significant procedural
shortcomings.
The media provided contestants with opportunities to convey
their messages, in particular through debates and paid airtime.
The observers noted, however, that the state broadcaster blurred
the distinction between the coverage of duties of state officials
and their campaign activities.
The campaign environment was affected by frequent allegations
of intimidation of voters and candidates, and claims of misuse of
administrative resources. Some of these allegations were verified
by the observers.
“I am delighted with the progress of democracy in Moldova.
These elections were very good and they gave me great confidence
in the future of this country,” said Petros Efthymiou, head of the
delegation of the OSCE Parliamentary Assembly and Special Co-ordinator
of the OSCE short-term observers.
“The people of Moldova are to be congratulated on a relaxed,
mainly well-run and democratic polling day. Now the new parliament
needs to make the necessary improvements to Moldova’s legal framework
and electoral code,” said David Wilshire, head of the delegation
of the Council of Europe’s Parliamentary Assembly.
“We noted real improvements in comparison with the 2005 parliamentary
elections. However, further efforts must be made, in particular
with regard to the position of the public broadcasting organization”,
said Marianne Mikko, head of the delegation of the European Parliament.
“Our overall assessment of this election is positive, but
there is a need to inject more trust in the electoral environment,
including through unbiased news reporting by the public broadcaster,
improving voter registration procedures, and ensuring that contestants
are treated equally by the authorities,” said Nikolai Vulchanov,
head of the long-term election observation mission of the OSCE Office
for Democratic Institutions and Human Rights (ODIHR).