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Resolution 1955 (2013) Final version
The honouring of obligations and commitments by the Republic of Moldova
1. The Republic of Moldova joined
the Council of Europe in 1995. Since then it has shown the political
will to honour its commitments and obligations towards the Organisation,
notably by ratifying 81 Council of Europe conventions. However,
some crucial concerns still need to be addressed in the fields of
democracy, human rights and the rule of law.
2. After the adoption of Resolution
1572 (2007) on the honouring of obligations and commitments
by Moldova, political life was marked by a high number of elections.
The parliamentary elections on 5 April 2009 led to a constitutional
deadlock with regard to the election of the President of the Republic
with the required majority (namely 61 out of 101 votes of MPs).
Early parliamentary elections were held on 29 July 2009 and brought
into power the “Alliance for European Integration”. However, the
repeated inability of the incumbent parliament to elect a president
led to early parliamentary elections on 28 November 2010. On 5 September 2010,
a constitutional referendum proposing the direct election of the
President of the Republic failed to meet the minimum participation
threshold of 33%. All elections and the constitutional referendum
were observed by ad hoc committees of the Parliamentary Assembly.
3. The acts of violence which took place during and after the
post-electoral protests in April 2009, as well as the constitutional
deadlock related to the election of the President of the Republic,
prompted the Assembly to adopt Resolution 1666 (2009) on the functioning
of democratic institutions in Moldova and Resolution 1692 (2009) on the implementation
of Resolution 1666 (2009).
4. The Assembly acknowledges the efforts launched by the authorities
to continue the democratisation process with the support of international
partners. In this context, the Assembly appreciates the adoption
by the parliament in July 2012 of an action plan on the honouring
of the Republic of Moldova’s commitments towards the Council of
Europe, which reflects the level of the country’s compliance with
the commitments undertaken when joining the Council of Europe and
highlights the issues that still need to be addressed. The Assembly
encourages the authorities to fully comply with the remaining commitments
and with the honouring of their obligations, in co-operation with
the Council of Europe.
5. The Assembly welcomes the aspirations of the Republic of Moldova
to pursue its European integration process and the desire of the
Moldovan authorities to initiate an Association Agreement, including
a Deep and Comprehensive Free Trade Agreement with the European
Union in the framework of the Eastern Partnership, as well as to
complete the implementation of the European Union–Republic of Moldova
Action Plan on Visa Liberalisation. At the same time, the Assembly
notes that economic ties with eastern European countries remain
important.
6. The political crisis from January to May 2013, following the
“hunting accident” of December 2012, revealed serious dysfunctions
of the Prosecutor’s Office and other law-enforcement institutions.
It highlighted the need to de-politicise State institutions and
ensure a better separation of powers. The Assembly now expects all
political parties to draw lessons from this political crisis. It
calls in particular on the political parties in power to adopt the
responsible attitude necessary to ensure the proper functioning
of the institutions needed for a democratic society, based on transparency
and accountability. This is a prerequisite for securing the rule of
law, democracy and human rights, but also for boosting the economy,
attracting foreign investment, reducing poverty and working in the
interests of the public to ensure better living conditions for all.
Democracy implies checks and balances in democratic institutions.
State institutions should never serve only one party or one individual’s
interests.
7. Concerning the functioning of democratic institutions, the
Assembly welcomes the election of the President of the Republic
by the parliament on 16 March 2012, thus ending nearly three years
of political deadlock and re-establishing the separation of powers
in accordance with the Moldovan Constitution. The Assembly calls
on all political parties to engage in discussion and find the necessary
political compromise to revise Article 78 of the constitution (regulating
the election process of the president). Such a revision would avoid
future political deadlocks and possible repeated early parliamentary
elections, thus providing the political stability necessary for
pursuing the much-needed reform process. In the long term, the Moldovan
authorities should consider a broader revision of the constitution.
8. Based on its observation of elections, the Assembly remains
concerned about the shortcomings in the electoral process. It notes
with satisfaction the efforts undertaken in 2009 and 2010 to upgrade
the electoral process, despite the repeated elections and a referendum
in that period. However, the Assembly encourages the Moldovan authorities
to fully implement the electoral code adopted in June 2010, including
the requirement to set up an electronic voters list and to further
decrease the number of electors registered in the supplementary voters
lists. It expects the authorities to allocate the necessary funds
to equip adequately all polling stations, and to train the members
of the electoral boards, in order to secure all the necessary guarantees
for free and fair elections. Electoral processes have been a continuous
bone of contention between the majority and the opposition. Completion
of the electoral reforms should therefore be considered as a priority
area for the authorities. The Assembly stresses the need for the
Moldovan authorities to respect international standards in electoral
matters, particularly the “Code of good practice in electoral matters”
of the European Commission for Democracy through Law (Venice Commission).
9. In the framework of the electoral reforms, the Assembly expects
in particular the Moldovan authorities to upgrade the legal framework
pertaining to the financing of political parties and electoral campaigns
in the light of the joint opinions of the Office for Democratic
Institutions and Human Rights of the Organization for Security and
Co-operation in Europe (OSCE/ODIHR) and the Venice Commission, adopted
on 11 March 2013, and the recommendation made in April 2013 by the
Group of States against Corruption (GRECO) on transparency of party
funding.
10. The Assembly encourages the Moldovan authorities to pursue
the decentralisation process and carry out the necessary consultation
on the reorganisation of local authorities. It welcomes the adoption
of the National Decentralisation Strategy on 5 April 2012, following
the adoption of Recommendation 322 (2012) of the Congress of Local
and Regional Authorities of the Council of Europe. The Assembly
invites the Moldovan authorities to pursue the implementation of
the decentralisation strategy in compliance with the European Charter
of Local Self-Government (ETS No. 122). It expects all political
parties to remain focused on strengthening the competences and finances
of local authorities in order to enhance local democracy and deliver
quality services to the Moldovan population. The Assembly acknowledges
the latest amendments to the law on public finances and expects
these modifications to ensure equitable budget transfers to local
authorities. It urges the Moldovan Parliament to adopt the law on
public finances as a matter of priority, in order to allow the implementation
of the law in 2014.
11. The Assembly encourages the Moldovan authorities and the elected
representatives of the Autonomous Territorial Unit of Gagauzia (Gagauz
Yeri) to pursue constructive dialogue with a view to harmonising
the statute and legislation of this territorial unit with national
legislation and ensuring its compliance with international standards
and respect for the sovereignty of the Republic of Moldova. It recalls
that the Council of Europe is ready to provide expertise on this
issue.
12. Concerning the rule of law, the Assembly underlines that a
number of reforms are expected from the Moldovan authorities to
secure the separation of powers and de-politicise the judicial institutions.
In particular, the Assembly invites the Moldovan authorities, in
consultation with civil society and in co-operation with the Council
of Europe and the Venice Commission, to:
12.1. pursue the reform of the justice system and fully implement
the action plan on justice reform (2011-16) with adequate funding;
12.2. clarify the competences of the Constitutional Court and
the appointment procedures of its members, based on the expertise
of the Venice Commission;
12.3. reform the Prosecutor’s Office, in compliance with Recommendation
Rec(2000)19 of the Committee of Ministers of the Council of Europe
on the role of public prosecution in the criminal justice system
and Assembly Recommendation
1604 (2003) on the role of the public prosecutor's office
in a democratic society governed by the rule of law.
13. The Assembly remains particularly concerned about the level
of corruption in the judiciary, the police, and the education and
health-care systems, which is seriously undermining the confidence
of the citizens in their institutions and the correct functioning
of public institutions. The Assembly calls on the Republic of Moldova
to take firm action against corruption, implement the remaining
recommendations of GRECO, promote a zero-tolerance approach at all
levels and make use of the criminal-law provisions related to bribery and
trading in influence offences, as highlighted by GRECO.
14. The Assembly stresses that full support must be provided to
ensure the effective functioning of the National Anti-corruption
Centre (NAC) and the National Commission on Integrity. After the
amendment of Law No. 106 transferring the control of the NAC back
from the parliament to the government in May 2013, the Assembly
expects the NAC to perform its duty independently. It urges the
authorities to ensure that no undue political interference undermines
the work of the centre, which is essential to prevent and combat
corruption.
15. Concerning the respect of human rights, the Assembly welcomes
the adoption of the revised version of the national human rights
action plan (2011-14) of February 2012 and invites the authorities
to implement it in the light of the recommendations of the most
recent United Nations Universal Periodic Review and the anti-discrimination
issues raised by the Parliamentary Assembly and the Council of Europe
Commissioner for Human Rights.
16. The Assembly remains supportive of the efforts made by the
Moldovan authorities to comply with the requirements of the European
Convention on Human Rights (ETS No. 5, “the Convention”) and the
rulings of the European Court of Human Rights. In this respect,
the Assembly welcomes the launch of a co-operation programme in
2013, funded by the Council of Europe Human Rights Trust Fund, to
support a coherent national implementation of the Convention.
17. The Assembly takes note of the reform process undertaken since
2010 by the Minister of the Interior with a view to reforming its
subordinated and decentralised institutions (for example the police
and the carabiniers) and encourages
the Republic of Moldova to comply with human rights standards. It
reiterates the call made in Resolution
1666 (2009) in order to finalise the transfer of the
competence over pre-trial detention centres from the Ministry of
the Interior to the Ministry of Justice.
18. The Assembly remains concerned by the fact that prosecutions
following the April 2009 events have not yet been finalised. It
reiterates the requests made by the Assembly in 2009, inviting the
authorities to fully investigate these events, prosecute the perpetrators
and ensure accountability for crimes committed by law-enforcement
officials, as recalled by the Commissioner for Human Rights during
his March 2013 visit to the Republic of Moldova.
19. The question of the media remains a sensitive one in the Republic
of Moldova. The Assembly expresses its concern following the lengthy
procedure related to the withdrawal of the licence of the NIT channel
in 2012. The Assembly urges the authorities to create the conditions
necessary to secure media freedom and avoid political interference
by clarifying media ownership regulations, de-politicising and de-monopolising
the media sector, and addressing the issue of media concentration,
which is an issue in most democracies. The Assembly hopes that the
parliament will soon adopt the new broadcasting code, which was
revised in line with Council of Europe’s recommendations.
20. The Assembly notes with satisfaction that the Republic of
Moldova was the first member State to ratify the Council of Europe
Convention on Action against Trafficking in Human Beings (CETS No.
197) on 19 May 2006. It encourages the Moldovan authorities to further
strengthen the fight against trafficking in human beings, in line
with the recommendations of the Group of Experts on Action against
Trafficking in Human Beings (GRETA) of June 2012. It welcomes the
adoption of a new action plan on prevention and combating trafficking
in human beings (2012-13) and the drafting of guidelines to improve
identification of victims.
21. The Assembly commends the Republic of Moldova for the ratification
of the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201, “the Lanzarote
Convention”) on 12 March 2012 and its active participation in the
One in Five campaign. It also welcomes the subsequent amendments
to the Criminal Code and the Criminal Procedure Code.
22. The Assembly welcomes the adoption of the anti-discrimination
law in 2012 as a first step to ensuring respect of the rights of
all citizens and minorities. It hopes that the authorities will
allocate sufficient financial and human resources to the Anti-Discrimination
Council and that its findings will be taken into account by the authorities
to redress possible shortcomings.
23. Combating homophobic prejudice remains a challenge in the
Republic of Moldova. The Assembly calls on all political and religious
leaders, who bear responsibility as opinion makers, to promote tolerance
and refrain from stirring up homophobic attitudes and making statements
which have no place in a democracy. Wide awareness-raising campaigns
should also be launched, with the firm political support of the
authorities.
24. In this context, the Assembly is concerned by the recent adoption
of an amended Article 90.1 of the Contravention Code on 24 May 2013,
promulgated on 5 July 2013, which punishes “dissemination of information
and/or carrying out acts aimed at spreading … some other relations
than those related to marriage and family, in accordance with the
Constitution and the Family Code”. Such a provision is clearly in contradiction
with European standards on non-discrimination. The Assembly therefore
urges the Moldovan authorities to repeal this provision and welcomes
the preliminary steps taken by the ombudsman, the Anti-Discrimination
Council and the Ministry of the Interior to ensure the correct and
uniform application of the amendments until they are repealed.
25. The Republic of Moldova is a multicultural and multilingual
society. The Assembly invites the Moldovan authorities to further
study the possibility of ratifying the European Charter for Regional
or Minority Languages (ETS No. 148), which remains an unfulfilled
commitment, and to take advantage of the Council of Europe expertise
to assess the feasibility, impact and added value of such ratification.
26. Concerning the Transnistrian region of the Republic of Moldova,
the Assembly welcomes the resumption, in 2012, of the 5+2 discussions
involving the Republic of Moldova, the de
facto Transnistrian authorities, the OSCE, the Russian
Federation and Ukraine, with the United States of America and the European
Union as observers. The Assembly welcomes the progress made on practical
issues, notably in the fields of education, environment, transport
and telecommunications. It remains concerned, however, by the escalation
of tensions in recent months caused by unilateral decisions of the de facto authorities in the Transnistrian
region. It reiterates its call to all the stakeholders to engage
in constructive dialogue to settle the Transnistrian issue, while
respecting the sovereignty and territorial integrity of the Republic
of Moldova.
27. Recalling paragraph 25 of its Resolution 1896 (2012) on the honouring
of obligations and commitments by the Russian Federation, the Assembly
reiterates its call on the Russian authorities to complete the withdrawal
of the remaining Russian military forces and their equipment from
the territory of the Republic of Moldova without further delay.
28. Notwithstanding the settlement of the Transnistrian conflict,
the Assembly is particularly concerned about violations of human
rights and fundamental freedoms in the Transnistrian region that
affect the population in their daily life. It calls on the de facto authorities to consider
the February 2013 conclusions of United Nations expert Thomas Hammarberg
regarding notably the judiciary, compliance with international human
rights law, torture and ill-treatment, criminal investigation and
prosecution, the penitentiary system, access to housing, health
and education rights, the HIV and tuberculosis pandemic, trafficking
in human beings and rights of disabled people.
29. The Assembly also calls on the Russian Federation and the de facto authorities to implement
the ruling of the European Court of Human Rights in the case of Catan and others v. the Russian Federation
and the Republic of Moldova related to the right to education
in Latin-script schools.
30. The Assembly encourages the Moldovan authorities and the de facto Transnistrian authorities
to continue to co-operate on the confidence-building measures across
the Dniestr/Nistru River launched by the Council of Europe, so as
to encourage people-to-people contact.
31. In conclusion, the Assembly acknowledges the progress and
continued commitment of the Republic of Moldova to comply with Council
of Europe standards. However, it points out that a series of fundamental
issues still need to be addressed to ensure the sustainability of
democratic institutions. In the first place, more attention should
be devoted to promoting a political culture that focuses on separation
of powers, respect for checks and balances, de-politicisation of
State institutions and law-enforcement agencies, but also on the
promotion of human rights and the fight against discrimination.
32. The Assembly believes that the Republic of Moldova’s democratisation
efforts and aspiration to fully comply with Council of Europe standards
should further be supported by the international community. The Assembly
therefore invites the Secretary General of the Council of Europe
to consider pursuing and strengthening co-operation programmes on
the most pressing issues to be addressed by the Republic of Moldova,
including the constitutional, electoral and judicial reforms, the
fight against corruption, the promotion of human rights, the fight
against discrimination and the promotion of good governance at all
decision-making levels. The Moldovan authorities are invited to
continue to seek the expertise provided by the Organisation and its
Venice Commission.
33. In view of the commitments and obligations that still need
to be fully addressed, the Assembly resolves to pursue its monitoring
procedure of the honouring of obligations and commitments by the
Republic of Moldova. Given the progress achieved since 2009, the
Assembly remains committed to considering the possibility of moving
to a post-monitoring dialogue should the expected reforms be carried
out in line with this resolution.