For debate in the Standing Committee — see Rule 15 of the Rules of Procedure

Doc. 9772

3 April 2003

Implementation of Resolution 1303 (2002) on the Functioning of democratic institutions in Moldova

Information report

Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)

Co-Rapporteurs: Mrs Josette Durrieu, France, Socialist Group, and Mr Lauri Vahtre, Estonia, Group of the European People’s Party

Summary

During the year 2002 the Assembly debated on two occasions political developments which had occurred in Moldova. In Resolution 1280 adopted on 24 April 2002 it calls on Moldovan authorities and political forces to respect the political compromise reached and to implement the measures undertaken to end the crisis.

Resolution 1303 adopted on 26 September 2002 took note of the reforms undertaken by the authorities since April. The Assembly welcomed the progress that had been incontestably achieved by the Moldovan authorities by implementing certain measures it had requested. Nonetheless it concluded that the authorities had not fully lived up to their pledges, having regard to the content of certain laws that still raised objections.

This report takes stock of what had actually been achieved by the authorities to comply with the Assembly’s requests, in particular as regards the status of the national broadcasting company TeleradioMoldova, the political dialogue between the majority and the opposition and the modalities for the parliamentary opposition to exercise its rights, the status of parliamentarians, the reform of local self-government, the reform of the judiciary and the independence of judges.

I.        INTRODUCTION

1. During the year 2002, the Parliamentary Assembly was prompted on two occasions to react to events which caused upheaval in Moldova and led to a dangerous deterioration in the country’s political situation.

2. The Assembly has adopted two texts:

-       Resolution 12801 on 24 April 2002 setting out proposals in the form of a political compromise, which were accepted by the Moldovan political forces to end the crisis; some of the undertakings that appear in the resolution specified a deadline for the Moldovan authorities;

-       Resolution 1303 2, on 26 September 2002, taking note of the reforms put in hand (or neglected) by the authorities since April.

3. In the latter resolution, the Assembly welcomed the advances irrefutably achieved in implementing certain measures it had requested. It nonetheless considered that the authorities had not completely fulfilled their undertakings, having regard to the content of certain laws that still raised objections.

4. The Moldovan authorities have therefore put certain reforms back on the drawing board. We made a visit to Moldova as co-rapporteurs of the Monitoring Committee from 10 to 12 March 2003 to take stock of what had actually been achieved by the authorities to comply with the Assembly’s requests 3.

II.        COMPLIANCE WITH THE COMMITMENTS ARISING OUT OF RESOLUTION 1303 (2002)

5. During their visit, the co-rapporteurs elected to concentrate on the issues that still raised objections, viz.:

- the situation of the media, specifically the law on the national public broadcasting company “Teleradio-Moldova” enacted by the Parliament on 28 February 2003;

- the position regarding local self-government as affected by Parliament’s discussion of the reform bills on public administration and territorial organisation, amending the earlier laws passed in December 2001 ;

- political dialogue between the majority and the opposition, how Parliament functions in this context, and how the opposition’s right of initiative is accommodated.

A.        Revision of the broadcasting law and alteration of the Teleradio-Moldova company’s status to that of an independent public corporation

6. On 26 July 2002, Parliament adopted a new law on the national public broadcasting institution – the “Teleradio-Moldova” Company. This law did not satisfy either the Council of Europe, or the journalists, or the opposition either, especially the Alliance of Social Democrats (ASD) led by Dumitru Braghis.

7. The Assembly therefore invited the authorities:

8. The Moldovan Parliament has reopened discussion of the statute adopted earlier. After a compromise was reached between President Voronin and Dumitru Braghis, it was decided that the bill tabled by the ASD would be accepted by Parliament as a basis for debate, as was the case in July 2002 when the previous debate on the law took place.

9. Curiously, the 26 July scenario was replicated: while the bill was being debated at its second reading, the Communist faction tabled and passed amendments that corrupted the original text, thus prompting its withdrawal by the ASD which had drafted it. On 28 February 2003, Parliament adopted at its final reading the law on the national public broadcasting corporation "Teleradio-Moldova". President Voronin has reacted to the dissatisfaction of the Council of Europe by declining to promulgate the law and has given an assurance that the Council of Europe recommendations will be taken into account.

10. At the time of our visit, the criticism expressed about the law of 28 February by the political opposition and also the TRM newscasting staff essentially related, apart from control of editorial policy, to the composition and method of appointment of the board of observers. This is the corporation’s supervision and control body. It appoints the company president, lays down the whole of the regulations governing its operation and organisation, and settles the programming strategy.

11. The TRM representatives with whom we spoke contest the argument that the board’s make-up ensures political pluralism and consistent representation of civil society. The board’s membership of 15 includes 6 representing the political power (2 appointed by Parliament – one by the opposition, 2 by the President, and 2 by the Government), and 9 from civil society, albeit according to an allocation system which they consider contestable and insufficiently representative: 2 members designated by the two main workers’ unions, 2 by the council on which minorities are represented, 1 by the employees of the TRM, 1 by the media associations, 1 by the veterans’ association4, 1 by the producers’ unions, and 1 by the judicial service commission. They think that at least five of the nine members representing civil society are liable to take orders from the ruling power. We consider two media representatives very few.

12. The authorities assured us of the reverse: this method of appointment guaranteed that 90 % of society was represented.

13. On 13 March Parliament adopted the law on the national public broadcasting corporation "Teleradio-Moldova", this time incorporating the main substance of the Council of Europe’s recommendations5. On 21 March President Voronin promulgated the law.

14. The present law is an undeniable improvement over the past situation. The fact remains that the TRM corporation emerges badly scarred from months of internal conflict, and that much has still to be done to actually transform the company into a genuine public broadcasting service. The law has been changed and now has to be applied, but the attitudes of those who are to apply it need to evolve as well.

15. Both the management and the employees of TRM must show their commitment to the corporation’s further development. The TRM news coverage staff told us of their doubts and lack of confidence. We have tried to encourage them to take up the challenge and make the TRM a high quality professional public broadcasting service. The opportunity to do so is provided by the doubling in six months of the budget allocated by the State to TRM (currently 50 million MDL). It would be advisable at present for the managers and news staff of TRM to think about framing a proper editorial policy, and to establish by joint negotiation a practical scheme of operation based on clearly defined principles and democratic rules. As with other European public service channels, the preparation of an in-house editorial charter specifying the goals of the public service, the principles on which the channel is run, the guarantees of transparency, objectiveness and independence in the presentation of information, and the rights and duties of the management and the employees alike, is plainly necessary and urgent.

16. However, the situation of the media goes further than the specific case of TRM. When we met with the media representatives, some journalists drew attention to a variety of problems:

- the difficult financial position of several newspapers financed solely by the proceeds of sales and advertising; this has compelled some to close down (for instance Tara, one of the press organs of the Christian Democratic People’s Party (hereinafter, the CDPP);

- government pressures allegedly brought to bear through financial and legal constraints.

17. Reference was also made to the court cases occasioned in the last few months by the protests of certain journalists’ associations and part of the political opposition:

- the transmission of the Romanian channel TVR1 had been suspended on 11 August 2002 for “financial” reasons, the resumption of broadcasts being officially contingent on negotiations with Bucharest; programmes resumed as from 21 March 2003.6

- the radio station Vocea Basarabiei, an independent Romanian-language radio broadcaster, had been put off the air following the withdrawal of its licence by the Broadcasting Council on 10 December 2002; on 10 February 2003, the Council reassigned a frequency to it, and programmes resumed on 25 March.

- on 9 October 2002, the weekly tabloid newspaper Accente underwent a search of its premises and its director and two journalists were arrested out of hand, the computer equipment and the records being seized. One journalist was released forthwith, the other as well as the director not until a fortnight later, and the equipment was returned 3 weeks after seizure. The director of Accente was among the media representatives with whom we spoke; he flatly denies the charges of blackmail and corruption brought against him and considers that the prosecutor has no case, as would seem to be proven by the successive postponements of the initial hearing in the case, which has still not been held.

18. All these cases may by now have had a satisfactory outcome, in accordance with the earnest hopes we expressed during our visit. Freedom of the media is always symptomatic of a State’s level of democracy. This freedom probably exists in Moldova, via the hundreds of press organs. We nevertheless discerned extreme division in the profession’s representative organisations – there are about twenty of them, which precludes their presenting a common front to the authorities.

19. A second bill, this time on regulation of private broadcasting activity, is currently in preparation. Parliament has undertaken to transmit it to the Council of Europe for expert appraisal.

B.       Political dialogue between the majority and the opposition

20. The co-rapporteurs note a relative improvement in Moldova’s political atmosphere. Clearly though, in a very stable institutional framework with a very strong Communist parliamentary majority, the opposition must have its due place.

21. The CDPP of course maintains its total boycott of parliamentary proceedings, as it has no longer sat since the resumption of business for 2003 and organises sporadic street demonstrations on Sundays. Its big rally on 23 February, officially authorised by the Chisinau municipality, attracted between 7 000 and 10 000 demonstrators.

22. This February the Alliance of Social Democrats (ASD), on finding that all possibilities of dialogue with the faction of the Communists had been exhausted and that the negotiations were making no headway, also decided to boycott the 2003 parliamentary session. Having obtained concessions on several issues (discussion of the amendments to the law on Teleradio-Moldova on the basis of the bill proposed by the ASD, granting of air time for live transmission on TRM, reinstatement of suspended civil servants, etc.), D. Braghis decided on 27 February to end the boycott and resume parliamentary business.

      - Referendum initiatives

23. In its Resolution 1303, the Assembly warned the Moldovan authorities “against any steps that might arbitrarily block the procedure initiated by the Braghis Alliance for the revision of the electoral law”.

24. The Alliance of Social Democrats had indeed initiated a process of collecting signatures with a view to a referendum proposed by popular initiative which would concern the amendment of the law on elections 7. In autumn last year, this move had resulted by in the collection of some 221 000 signatures (200 000 being required); 213 250 signatures have been declared valid by the Central Electoral Committee.

25. The normal procedure (Article 150 of the Electoral Code) vests Parliament with power to consider the proposal for a referendum and to decide within 6 months as to the action to be taken on it: either to carry the initiative into law, or submit it to popular referendum and set the referendum date.

26. Now, Parliament did not follow this procedure. The initiative was referred to the legal affairs committee which made a scrutiny of the validity of the signatures. The Deputy Speaker of Parliament, Vadim Misin, gave us confirmation that their collection had been vitiated by errors and that Parliament had ascertained that 20 % of them were forged. He considered that the parliamentary rules of procedure had been fully complied with in so far as they stipulate examination of every piece of draft legislation by a parliamentary committee. The Speaker, Ms Ostapciuc, told us that 30 000 signatures verified by random checking sufficed to reveal the extent of the fraud.

27. Dumitru Braghis has emphatically denied these allegations, and condemns factional tactics. He claims that verification of the signatures is the sole province of the Central Electoral Committee. Its Chairman, whom we met, agrees with this appraisal.

28. From a procedural standpoint, the initiative was rejected by the Communist parliamentary group and then by the parliamentary legal affairs committee. No decision under Article 150 of the Electoral Code was taken.

29. The ASD therefore appealed to the Constitutional Court which on 3 March dismissed the application, finding that it lacked jurisdiction since the applicants had technically not referred any decision to it. Indeed, the Court observes that Parliament has at no time made a formal pronouncement on the draft resolution proposing that a referendum be held to amend the Electoral Code, and finds that neither Parliament’s standing orders nor the law on legislative enactments contains a provision whereby this unprecedented situation of legal deadlock might be regulated8.

30. We consider the impediments to this initiative unlawful and abusive. Parliament was called upon to adhere strictly to the application of the Electoral Code and to reach a decision in accordance with Article 150. The present deadlock must be put down to none but the majority parliamentary faction whose exertions in this matter have been suspect and contrary to democratic principles.

31. It is a fair question whether the Electoral Code need be altered where the polling method is concerned. The present one is found to have demonstrated its ability to give Moldova political stability. The 6 % threshold of representativeness could admittedly be lowered to 5 % in order to ensure the representation of a broader spectrum of society and of minorities in particular 9.

32. The CDPP for its part has also launched an initiative to hold a referendum on Moldova’s accession both to the European Union and to NATO. On 11 February 2003 the Central Electoral Committee refused to register the group responsible for the initiative and took the view that the CDPP’s initiative was not valid, on the ground that the object of the referendum – one question concerns the country’s accession to NATO – was against the Constitution which declares Moldova a neutral state. The CDPP appealed this decision but the Supreme Court on 6 March ruled against the CDPP and in favour of the Central Electoral Committee 10. As far as the co-rapporteurs are concerned, this therefore ends the matter.

33. During our visit in September 2002, D. Braghis denounced a “campaign of intimidation” being waged against certain signatories of the referendum initiative. The authorities have not denied that sanctions were applied to 14 civil servants who had been removed from office. Braghis has given this matter considerable personal attention, demanding that the authorities reinstate the civil servants. It was also brought before the courts. Despite rulings in the applicants’ favour, five of the fourteen have reportedly still not been returned to their posts.

34. It is worth recalling that the round table meeting of political parties, inaugurated in April 2002, was a move made by some opposition centre parties in order to restore political dialogue at a time when it had virtually ceased to exist. The Council of Europe elected to support the initiative. The Moldovan authorities have shown their approval of the exercise and their willingness to join in. The construction placed on it by President Voronin is that of a strictly consultative body allowing free and flexible discussion with the opposition, including its non-parliamentary wing, on certain issues in order to reach a political compromise. We share this view. On 24 March President Voronin opened the new-style round table session dealing with reform of parliamentary procedure. It is nonetheless an altogether special situation whose full implications ought to be appreciated.

35. Parliament’s adoption, in December 2002, of amendments to the law of 1991 on parties and other socio-political organisations has also sparked keen contention with the opposition. The law, which took effect on 1 January 2003, contains several provisions which have raised an outcry11.

36. Section 18 (3) provides that the parties are to “submit to the Ministry of Justice each year between 1 January and 1 March lists of the members of the party or socio-political organisation to corroborate the number of members, in accordance with the Regulation on registration of parties and other socio-political organisations”.

Section 31 further provides that ”the Minister of Justice shall ask the Supreme Court of Justice to certify that the activity of a party or other socio-political organisation is suspended where (…):

37. President Voronin has strongly criticised this initiative and laid the blame for the setback on the Minister of Justice, Ion Morei, who was removed from office on 12 February.

38. On 27 February, Parliament again amended the law, fixing a new period from 1 January to 1 December within which political parties are to present the Minister of Justice with lists of their members.

39. But the matter does not end there; a fresh bill on political parties is in preparation.

40. The opposition has trouble in making its voice heard in Parliament. D. Braghis complains of the method of conducting parliamentary business: bills debated firstly by the Communist faction; discussions in committee and plenary session conducted in haste; obstacles to the opposition’s initiatives.

41. Political debate does not occur in Parliament – it is an uncommon situation, odd to say the least, that in Moldova the opposition should choose not to state its views in Parliament but in the street or at the round table meetings. This is unsatisfactory and symptomatic of a certain political immaturity, even though the round table arrangement is a vehicle of expression at all events more satisfactory than taking to the streets. Still, the parliamentary opposition should realise the entire uniqueness of such a situation, Moldova being the only country in Europe where the opposition within and outside Parliament has the good fortune to hold dialogue with the representatives of the authorities in the context of a round table.

42. In Resolution 1303, the Assembly stated “its willingness to assist the Moldovan Parliament in revising its rules of procedure and to provide the desirable expert input” . The Assembly has never been formally approached by the Parliament with such a request for assistance, and that is regrettable.

43. It was after their visit that the co-rapporteurs learned that a bill to amend parliamentary procedure was being examined in Parliament. The ASD has reported that the bill was not disclosed to it. We expect Parliament to refrain from taking any decision and to place a premium on consultation of the parliamentary opposition, as well as on co-operation with the Parliamentary Assembly, which holds itself in readiness to assist the Moldovan Parliament.

C.       Status of parliamentarians

44. The Assembly has asked the authorities to revise certain provisions of the 1994 Law on the Status of Members of Parliament, with regard to waiving of immunity and revocation of parliamentary mandates, and to undertake to:

45. In their two earlier reports, the rapporteurs criticised the fact that under the terms of the 1994 Law on the Status of Members of Parliament a member could be stripped of his mandate by Parliament. The law of 26 July 2002 amended the 1994 law in this respect by establishing the competence of the Constitutional Court to withdraw the mandate. We felt at the time that this

amendment was still not satisfactory, and that it was imperative for Moldovan legislation to abide unswervingly by the principle of irrevocability of parliamentary office, forming a basic principle of our democracies.

46. During our visit, we were informed that several amendments were afoot to modify the Law on the Status of Members of Parliament and other relevant statutes. On 21 March Parliament adopted these amendments on second reading. The authorities have indicated that they complied in all respects with the recommendations of the rapporteurs and that irrevocability of elected office was henceforth guaranteed by virtue of MP status.

47. Be that as it may, this guarantee of irrevocability should be enshrined in the future Moldovan Constitution.

D.       Local self-government

48. Two laws were enacted in December 2001 – the law on administrative and territorial organisation (settling the demarcation of the local government entities) on 27 December and the law on local government (defining the powers of local authorities) on 28 December – both harshly criticised not only by the associations of Moldovan mayors but also by the Council of Europe – the Parliamentary Assembly as well as the Congress of Local and Regional Authorities of Europe. Certain provisions were also set aside by the Constitutional Court in two decisions of 19 February and 14 March 2002 (specifically, those relating to the method of election of mayors and the possibility of suspending them from office).

49. This is an area where extreme confusion has reigned for over a year. To our minds, what matters is not so much choosing a territorial model but taking a true political course of devolution that admits of no top-down interference by the central power. The reform should accordingly lay down the general principle that local councils, mayors and district councils must be elected by universal suffrage. But there can be no question of appointed officials sitting alongside elected representatives in the executives.

50. The authorities assured us of their receptiveness to the recommendations of the Council of Europe; however, the actual principle of the altered division of Moldova’s territory through the creation of 32 raione and the abolition of the 10 judets created in 1998 apparently cannot be negotiated.

51. On 18 March 2003, Parliament adopted on final reading the two laws amending the law on local government and the law on the administrative and territorial organisation of the Republic of Moldova.

52. The law sets the final seal on the country’s new territorial division, putting it on a two-tier basis: the first tier consists of villages and towns; districts (raione) and the municipality of Chisinau make up the second tier. In substance, therefore, it re-introduces the earlier pre-1998 territorial division.

53. This reform now broadly satisfies the Council of Europe12 :

54. The political opposition and certain associations of mayors continue to berate the reform. It will be costly, aggravate bureaucracy, water down local autonomy and establish direct central government control over the local levels. The associations of mayors that the rapporteurs met chiefly emphasise the lack of provisions in the law to secure the financial independence of local authorities; 40% of the budget will come from local taxation and 60 % from central government appropriations.

55. Our own opinion is that certain questions still remain outstanding (such as the composition of district councils) and that some guarantees have yet to be clarified. Where local finance is concerned, M. Iovv told us that there was a law on local public finances and consequently there was no cause to incorporate provisions of this kind into the law on local government. However, as the law on local public finances has never undergone expert scrutiny by the Council of Europe, we are not in a position to certify that its provisions would be a useful adjunct to reform in accordance with the organisation’s principles. This oversight should be remedied.

56. The same applies as regards the status of local elected representatives. The law enacted merely makes reference, concerning the guarantees they enjoy, to the existing “law on the public service”. We find this very insubstantial when it comes to the proclamation of essential guarantees upholding the independence and integrity of elected representatives: rules governing incompatibilities, accountability, guarantees of remuneration, etc. It is indispensable that the Council of Europe carry out an analysis of the status of local elected representatives in the light of the law on the public service and determine its conformity to the Charter of Local Self-Government.

57. The administrative reform will take effect after the local elections, scheduled for 25 May 2003.

58. The Electoral Code is at present undergoing revision to bring its provisions into line with the new legislation and thus make way for the election of the local councils, mayors and district councils. Parliament adopted the bill on alterations and amendments to the Electoral Code at its second reading on 13 February.

59. During our visit we went to Gagauzia. We observed a stabilised political situation. The recent legislative changes also concern Gagauzia. However, as it has retained the same territorial division into three districts since the Soviet era, the territorial reform as such has only limited implications. Gagauzia will stage its elections on the same date as the local elections in the country as a whole. We also talked about President Voronin’s constitutional scheme with the Gagauz authorities. They deem the present self-governing status of their region sufficient but consider it vital that the 1994 law on the special legal status of Gagauzia be incorporated into the future Constitution and that Gagauzia become an entity of the Federation like Transnistria. Moreover, a Gagauz member of parliament and a Gagauz legal specialist will have seats on the constitutional commission. This is a situation which could nevertheless alter depending on the turn of events.

III.        THE JUDICIAL SYSTEM AND INDEPENDENCE OF THE JUDICIARY

60. On 14 March, Parliament adopted a new Code of Criminal Procedure which will come into force on 12 June. As this statute, in its final version, was not given an expert appraisal by the Council of Europe, the rapporteurs are unable to conclude as to the Code’s conformity with the recommendations made in 2000-2001. On the same day Parliament adopted the law on the Prosecution Department (Procuratura).

61. Several other laws relating to the judicial system (whose provisions concern the entire functioning of the judiciary and set out the guarantees attaching to the appointment of judges in particular) are in preparation or under discussion. They have still not been forwarded to the Council of Europe for expert appraisal. Co-operation with the Council of Europe absolutely must continue in this area, and the Council must have the necessary time to consider and transmit to the authorities its recommendations specifically concerning the Penal Code, the Code of Civil Procedure and the law on the administration of justice.

IV.        SETTLEMENT OF THE QUESTION OF TRANSNISTRIA

62. During our visit we naturally spoke with President Voronin about this crucial issue following the initiative which he took on 10 February. He in effect proposed the adoption of a new Constitution for Moldova, to be drawn up jointly by the Moldovan and Transnistrian authorities. The present Constitution dates back to 1994. This constitutional scheme for the “reintegration of Moldova”, relying on a federalist solution, would allow the territorial question of Transnistria to be resolved while still preserving national unity.

63. According to a draft Agreement submitted on 12 February by Moldova to the OSCE, the guarantor states (Russia and Ukraine) and to Transnistria, the region would be re-incorporated as a component part of Moldova in the framework of an “asymmetrical” type of federation, and assigned extensive powers.

- Transnistria would be recognised as an entity of the federation,

- a two-tier institutional, legislative and budgetary system would be set up,

- central regulatory acts would be directly applicable,

- foreign affairs, justice, defence, currency and customs and excise would rest with the federal State; citizenship would be the same for all;

- Transnistria will freely determine its language policy, it being understood that throughout the territory of the Federation, Moldovan is the State language and Russian an official language.

64. President Voronin readily admits to having been naďve in addressing the question two years ago. His present proposals are far more concrete and have the support of the OSCE – the resolution adopted by the OSCE at the Porto Summit bears witness to this – and of the European Union. Without necessarily succumbing to a fit of optimism, there is perhaps a chance of achieving a solution.

65. On 27 February 2003, the European Union and the Unites States jointly decided to adopt targeted sanctions against the Tiraspol leaders for their constant obstructiveness and reluctance in the negotiation process. The sanctions involve in particular a ban on issuing a visa to 17 Transnistrian officials, declared persona non grata.

66. The plan will be discussed in a constitutional commission made up of representatives of the Moldovan and Transnistrian parliaments. Russia, Ukraine, the OSCE and the Venice Commission of the Council of Europe will have observer status. President Voronin thinks that the commission will require 6 months to prepare a draft constitution. He informed us of his desire to submit the draft constitution to referendum thereafter. He does not expect the referendum to take place earlier than February 2004. Parliamentary elections will then be held forthwith, a year ahead of the normal February 2005 deadline.

67. We also discussed this project with the Minister responsible for reintegration, Vasile Sova, who holds a post newly created in January 2003 for this purpose, and of course with Ambassador Hill, head of the OSCE mission. He gave us an account of the advances made in the settlement of the Transnistrian question, particularly as regards the continued removal of the 45 000 tonnes of weaponry to Russia. He assured us that this would be completed by the end of 2003. Securing the 460 km of frontier between Ukraine and the Transnistrian region is another priority ; the OSCE envisages positioning observers at the seven crossing-points of this “single customs area” and is ready to apply effective control to end trafficking by restoring control of imports and exports along this section of border.

CONCLUSIONS

- on the undertakings made by the authorities

68. We note a positive development in the political situation in Moldova since our previous visit. Dialogue with part of the political opposition has resumed. The Moldovan authorities have complied with the most important items of the Council of Europe recommendations. During our visit, we nevertheless asked the authorities to make an additional effort to bring the reforms embarked upon to final completion, and in particular:

69. Since our mission, we find that these requirements have indeed been met:

70. We now request the Moldovan authorities:

- on the overall situation of Moldova

71. Finally, our comments would be incomplete without drawing attention to the positive developments which have occurred in other respects.

72. The economy is the first among the priorities claimed by President Voronin. During our encounter, he was visibly quite proud to give us his assessment in an unexpected area. The economic growth is genuine, with GDP up 7.2 % in 2002; wages in both the private sector and the public service have been increased; wage and pension arrears have been gradually paid up.

73. On the economic and social front, progress is thus clearly perceptible. We also discussed this with the representatives of the two principal federations of trade unions. But the advances do not yet suffice to allow a lasting improvement in the standard of living of the population 13. The thrusts of development are not properly identified. Plainly, investments are inadequate and foreign investors need to be reassured.

74. European integration is a new political element and the second priority for President Voronin. The Moldovan authorities have evidently swerved in favour of Europe and intend to make a positive response to the offer from Brussels to discuss the prospects for developing relations with the European Union. We take note of this. A parliamentary committee on European integration has been recently set up, together with a governmental committee on European integration. President Voronin means to institute it as a full government department before long. This development, if definitive, will make it possible to clarify Moldova’s choice of stance.

75. The issue of settling the Transnistrian question remains a most important problem that must be speedily resolved. President Voronin apparently has the determination and the courage to bear the onus of resolving the problem. He has made definite proposals. The outcome of the Voronin plan, if successful, will be very important politically.

APPENDIX I

Programme for the visit of the co-rapporteurs to Moldova

(Chisinau, 10-12 March 2003)

Co-rapporteurs:       Mrs Josette DURRIEU (France, SOC)

      Mr Lauri VAHTRE (Estonia, EPP)

Secretariat:       Mrs Caroline RAVAUD

Sunday 9 March

21:45       Arrival of Mrs Durrieu, Mr Vahtre and Mrs Ravaud

22:30       Diner

Monday 10 March

09:00-09:50       Meeting with Mr Jorgen Grunnet, Special Representative of the Secretary General of the Council of Europe, and with Ambassador William H. Hill, Head of the OSCE mission (Office of the Special Representative)

10:15-11:15       Meeting with His Excellency Mr Vladimir VORONINE, President of the Republic of Moldova

11:30-11:50       Meeting with Mr Dumitru BRAGHIş, Chairman of the ASD parliamentary faction

12:00-13:15       Meeting with representatives of TRM staff and Mr Ion GONTA, President of the TeleradioMoldova broadcasting company

13:30-14:30       Working lunch with Mr Andrei NEGUTA, Chairman of the Foreign Affairs Committee and Mrs Maria POSTOICO, Chairperson of the Committee on Legal Affairs, Nominations and Immunities

14:45-15:10       Meeting with representatives of the press and electronic media (other than TRM)

15:20-15.50       Meeting with Mr Vladimir DRAGOMIR, Chairman of the Parliamentary Committee on Culture and the Media, and Mr CIBOTARU, deputy Chairman of the Audiovisual Co-ordinated Council

16:00-17:40       Joint meeting with Mr MISIN and Mr CAMERZAN, Vice-Speakers of the Parliament, Mr STEPANIUC, Mr BRAGHIS and Mr CUBREACOV, representatives of parliamentary factions, and Mr NEGUTA, Chairman of the Moldovan Delegation to the Parliamentary Assembly of the Council of Europe 

17:30-18:00       Meeting with Her Excellency Mrs Eugenia OSTAPCIUC, Speaker of Parliament

18 :10       Concert – International Music Festival « Martizor »

19:30       Dinner hosted by Mr Andrei NEGUTA, Chairman of the Moldovan Delegation to the Parliamentary Assembly of the Council of Europe 

Tuesday 11 March

08:30-09:00       Working breakfast with the Ambassadors of the contact group of the European Union, at the invitation of Her Excellency Mrs Dominique Gazuy, Ambassador of France (French Embassy)

09:30-10:20       Joint meeting with Mr Vasile IOVV, Deputy Prime Minister for Local Affairs, and Mr Anton MIRON, Chairman of the Parliamentary Committee on Local Administration

10:30-11:20       Joint meeting with Mr URECHEAN, Chairman of the Federation of Local and Regional Authorities, Mayor of Chisinau, Mr V. BALAN, Chairman of the National League of Mayors’ Associations of Moldova, and Mr Anatol CHETRARU, Chairman of the Association for Regional Development by Local Autonomy (ARDLA)

11:30       Visit to Gagaouzia

13:10-14:30       Working lunch hosted by Mr Ivan CRISTIOGLO, Chairman of the People’s Assembly of Gagaouzia

14:45-16:00       Joint meeting with Mr Gheorghii TABUNSCIC, Bashkan of Gagaouzia, Mr Ivan CRISTIOGLO, Chairman of the People’s Assembly of Gagaouzia, Members of the People’s Assembly of Gagaouzia, and representatives of civil society

16:15       Return to Chisinau

19:00       Dinner hosted by Her Excellency Mrs Eugenia OSTAPCIUC, Speaker of Parliament

Wednesday 12 March

08:00-08:30       Meeting with Mr Valeriu DOLGHIERU, Minister of Justice

08:40-09:20       Joint meeting with the President and the members of the Central Election Commission, and representatives of the two referendum initiative groups (ASD, CDPP)

09:30-10:00       Meeting with Mr Vasile SOVA, Minister of Reintegration

10:10-10:40       Meeting with the Committee on European Integration: Mr Vasile TARLEV, Prime Minister and Chairman of the Committee, Mr Nicolae DUDAU, Minister for Foreign Affairs, and the Vice-Minister of Economy

10:50-11:40       Meeting with Mr Petru CHIRIAC, President of the Confederation of Trade Unions of Moldova, and Mr Leonid MANEA, President of the Confederation of “Solidarity” Free Trade Unions of Moldova

12:00-13:20       Press conference

13:30-14:30       Working lunch hosted by Her Excellency Mrs Eugenia OSTAPCIUC, Speaker of Parliament, with Mr Andrei NEGUTA, Chairman of the Moldovan Delegation to the Parliamentary Assembly of the Council of Europe

16:05       Departure of Mrs Durrieu, Mr Vahtre and Mrs Ravaud

APPENDIX II

Resolution 1303 (2002)

Functioning of democratic institutions in Moldova

1. At its part session in April 2002, the Parliamentary Assembly reacted to the worrying events that were threatening stability in Moldova and expressed its concern in the face of the deterioration in that country’s political climate. It also noted with satisfaction the proposals put forward by Moldova's political forces, including members of the parliamentary opposition, to end the crisis.

2. On 24 April 2002, the Assembly adopted Resolution 1280 on the functioning of democratic institutions in Moldova, in which it invited the Moldovan political forces to pursue a genuine and constructive dialogue and it requested the Moldovan authorities to adopt a number of measures, listed in paragraph 10 of the resolution, which they agreed to implement as a matter of political compromise.

3. The Assembly notes that the Christian Democratic People’s Party (CDPP) ended its demonstrations on 29 April 2002, and welcomes the return to calm in the country.

4. The Assembly welcomes the fact that the Moldovan authorities:

5. The Assembly notes that international financial institutions have re-established their aid to Moldova.

6. Nevertheless, the Assembly expects the authorities to implement the decisions taken to the letter, without altering their content, and without breaching their commitments at a later date, particularly those regarding freedom of the media, freedom of religion, freedom of assembly, the rights of parliamentarians, the autonomy of local authorities and the independence of judicial institutions. It also expects the judicial proceedings mentioned in paragraph 4 iii not to be reopened.

7. In addition, the Assembly notes that the authorities have sought to meet the other undertakings made in April, by adopting on 26 July 2002 a new law on the national public broadcasting company Teleradio-Moldova, by amending on 26 July 2002 the 1994 Law on the Status of Members of Parliament, and by amending on 12 July 2002 the 1992 Law on Religious Organisations.

8. However, it is unable to consider that the authorities have fully satisfied their commitments as the content of these laws continues to draw comment and controversy. It invites the authorities to:

9. It notes that the Moldovan authorities are co-operating with the Council of Europe, as they had undertaken. In particular, they have submitted numerous legislative texts for expert appraisal, notably laws concerning local self-government and organisation of the judicial system. The Assembly urges the Moldovan authorities to pursue this co-operation, and in particular to apply the recommendations made by the Congress of Local and Regional Authorities of Europe in the field of local and regional self-government in Moldova.

10. The Assembly has expressed its relief concerning the reappearance of Vlad Cubreacov. It regrets that the investigation carried out by the authorities failed to produce results and demands that light be shed on this incredible case.

11. The Assembly declares its willingness to assist the Moldovan Parliament in revising its rules of procedure and to provide the desirable expert input.

12. It calls on the Moldovan authorities:

13.       The Assembly warns the Moldovan authorities:

Reporting committee: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)

Reference to committee: Resolution 1115 (1997) of 27 January 1997 and Resolution 1303 (2002)

Report unanimously adopted with one abstention by the committee on 1 April 2003

Members of the committee: Mrs Durrieu (Chairperson), Mr Frunda, Mr Frey, Mrs Tevdoradze (Vice-Chairpersons), Mrs Aguiar, Mr Akçam, Mr Akhvlediani, Mr B. Aliyev, Mr André, Mr Arzilli, Mr Atkinson, Mr Baška, Mr Bernik, Mrs Bilgehan, Mr Bindig, Mr Van den Brande, Mr Budin, Mr Cabrnoch, Mr Cavuşoğlu, Mr Čekuolis, Mr Christodoulides, Mr Cilevičs, the Rt.Hon. T. Davis, Mr Debono Grech, Mrs Delvaux-Stehres, Mr Dobelis, Mr Einarsson, Mr Eörsi, Mrs Feric-Vać, Mr Glesener, Mr Gross, Mr Grusenbauer, Mr Hancock, Mr Haraldsson, Mr Hegyi, Mr Hedrich, Mr Holovaty, Mr Jakič, Mr Jansson, Mr Jaskiernia, Mr Jurgens, Mrs Kautto, Lord Kilclooney, Mr Kirilov, Mr Kvakkestad, Mr van der Linden, Mr Lintner, Mr Magnusson, Mr Martínez Casań, Mr Medeiros Ferreira, Mr Melčák, Mr Mollazade, Mr Neguta, Mr O’Keeffe, Mr Olekas, Mr Olteanu, Mr Pangalos, Mr Rakhansky, Mrs Ringstad, Mr Rivolta, Mr Rogozin, Mr Rustamyan, Mrs Severinsen, Mrs Shakhtakhtinskaya, Mr Shishlov, Mr Slutsky, Mr Smorawinski, Mr Soendergaard, Mrs Stoyanova, Mr Surjan, Mr Tepshi, Mr Tkáč, Mr Vahtre, Mr Vanoost, Mr Vella, Mrs Wohlwend, Mr Yáńez Barnuevo, Mr Zacchera.

N.B. The names of those members who were present at the meeting are printed in italics.

Secretaries to the committee: Mrs Ravaud, Mr Mezei, Mrs Clamer, Ms Mathey.

1 See report on the functioning of democratic institutions in Moldova (Doc. 9418) presented by the Committee on the Honouring of Obligations and Commitments by Member States (Co-rapporteurs: Mrs Durrieu and Mr Vahtre).

2 Reproduced in Appendix II. See report on the functioning of democratic institutions in Moldova (Doc. 9571) presented by the Committee on the Honouring of Obligations and Commitments by Member States (Co-rapporteurs: Mrs Durrieu and Mr Vahtre

3 The programme of the visit is in Appendix I.

4 The veterans’ association is believed to represent 840.000 persons, both civilians and service personnel.

5 Particularly removal of the requirement to have the nominations of the 15 candidates confirmed by Parliament, and of Parliament’s authority to elect the president of TRM.

6 It can also be mentioned that the Russian public TV channel ORT had its transmission suspended on 6 February because of its debts to the State-run corporation Radiocomunicatii ; its programmes resumed on 10 February after the signature of an agreement. This incident was not mentioned during our talks with the representatives of the media.

7 The ASD proposals are chiefly to promote change in the polling method by organising the parliamentary according to a mixed electoral system (50 % of seats allocated by list voting with proportional representation and 50 % by majority voting for single candidates).

8 Note that the President of the Constitutional Court delivered a separate opinion.

9 See Opinion Avis No. 226/2002 of the Venice Commission on the electoral law of the Republic of Moldova, adopted on 13-14 December 2002 [doc. CDL-AD (2003) 1].

10 In so doing, the Court reversed the decision of the Court of Appeal, which had found in favour of the CDPP, on the ground that it was not for the CEC to rule on the constitutionality of the question put in the initiative for a referendum.

11 See also the various Opinions of the Venice Commission on the proposed amendment to the law on parties and other socio-political organisations of the Republic of Moldova [particularly doc. CDL-AD (2003) 08 and 09].

12 A Council of Europe assistance mission, sent to evaluate the stage of the territorial reforms, took place the week before our visit (4-6 March 2003). The Congress of Local and Regional Authorities of Europe will examine the state of local and regional democracy in Moldova, and will deliver its opinion on the current reforms at a meeting on 7 and 8 April this year.

13 A full overview of the country’s economic and financial situation can be found in the draft report on aid to the economic development of Moldova being drawn up by the Committee on Economic Affairs and Development (rapporteur: Mrs Burbiene); the report is scheduled for discussion by the Standing Committee on 27 May 2003 in Chisinau.