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Doc. 8718
14 April 2000
Resolving the Transnistrian conflict
Motion for a recommendation
presented by Mr Nedelciuc and others
This motion has not been discussed in the Assembly and commits only the members who have signed it |
1. When recommending to the Committee of Ministers the accession of the Republic of Moldova to the Council of Europe, the Assembly did so "in the prospect of [its] gaining full control of its territory", conscious that part of this territory, namely the Eastern region of the Republic, an area commonly known as "Transnistria", was under the control of separatist authorities.
2. Since accession, in the framework of the monitoring procedure for Moldova, the rapporteurs of the Monitoring Committee have paid several visits to the Transnistrian region and followed closely developments, urging constantly for a political solution to be found to the conflict of this region.
3. Unfortunately, the conflict in Transnistria and the flagrant violations of the fundamental human rights by the unrecognised authorities in this region persist.
4. The Assembly believes that the reason for this is the slow process of negotiations between the central legal authorities of the Republic of Moldova and those unrecognised from the above-mentioned region, dictated by the permanent and categorical refusal of the Transnistrian leadership to accept the generally accepted norms regarding conflict resolution and by the presence of Russian military troops and armament on the territory of the Republic of Moldova.
5. This region became virtually an illegal "free economic zone", serving as a platform for the illicit traffic of goods and armaments among others, contributing to crime proliferation throughout Europe.
6. Despite the decision of the Istanbul OSCE Summit1 regarding the withdrawal of Russian military troops and armaments from the Transnistria region by the end of 2002, the unrecognised local authorities intransigently hinder the participation of OSCE representatives in the process of inspecting Russian armaments, munitions and military equipment, including the Russian troops situated in this region. The military arsenal, as well as military officers of the former 14th Army of the Russian Federation constitute the basis of the Transnistrian paramilitary forces, which exceed numerically and in terms of equipment the armed forces of the Republic of Moldova itself.
7. To achieve an agreement regarding the status of Transnistria in the framework of the Moldovan Constitution, the role of Russia and Ukraine, as guarantors, is essential. Nonetheless, Russia did not prove to be efficient and impartial enough or fully interested in the process of negotiation of such an agreement, whereas Ukraine does not seem to be determined enough to assume the lead in the necessary initiatives in this regard.
8. The Assembly vigorously condemns the recent attempt of Transnistrian leaders to take over the lands belonging to inhabitants of five Transnistrian villages (an area of 16.597 hectares), at present under the control of the legitimate Moldovan authorities, and the arbitrary decision to hold, on 26 March, local unauthorised elections in the region, the actions which destabilise the situation in the area and compromise the efforts of the OSCE mission in Moldova and the states-guarantors to find a fair solution for the conflict. The current severe violations of human rights in this region, especially the right of citizens to participate in elections to the legitimate bodies of the Republic of Moldova, to education and training in the mother tongue and to independent justice, prove the continuation of an anti-democratic regime in the region.
9. A permanent source of concern remains the situation of the "Ilascu group" (Ilie Ilascu, member of the Moldovan Parliament, Andrei Ivantoc, Alexandru Lesco and Tudor Petrov-Popa), particularly the manner in which they are treated at the Hlinoaia penitentiary. The Parliamentary Assembly was informed about the inacceptable situation of these prisoners, after the visit of Mrs Josette Durrieu in December 1998. Despite many appeals by the ICRC, OSCE, as well as by members of the prisoners' family, the Transnistrian unrecognised authorities continue to deny them the right to visit the prisoners.
10. As a result, on the basis of the report by its Monitoring Committee, the Assembly recommends that the Committee of Ministers:
a. invite its Chairman in office to effect a visit to Moldova as soon as possible;
b. include in the agenda of the next meeting of the committee the examination, with the participation of the OSCE, of the situation in the eastern region of the Republic of Moldova, and the adoption of a decision to contribute to the settlement of this conflict;
c. be involved more decisively, together with the OSCE, in monitoring the process of negotiation and elaboration of a fair agreement regarding the special status for Transnistria;
d. undertake necessary appeals to set free the members of the "Ilascu group", and at the same time make possible visits by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment representatives to the Hlinoaia penitentiary to verify the conditions of detention of this group, and by the Council of Europe Human Rights Commissioner to the region;
e. stipulate, in the intergovernmental co-operation programme of the Council of Europe with Moldova, activities for supporting the civil society in Transnistria, for developing relations and contacts among NGOs from the Transnistrian region and the whole of Moldova, for supporting the independent media, schools in the region, including the teaching of the Romanian language in non-Moldovan communities from the region;
f. invite member states to contribute in the most generous possible way, bilaterally and multilaterally, towards urging the withdrawal of Russian armament and military troops from the eastern region of the Republic of Moldova, settling the Transnistrian conflict and freeing the "Ilascu group";
g. invite the Russian Federation and Ukraine:
•to carry out more decisively and impartially the role they had assumed as guarantors in the settlement of the Transnistrian conflict, and, in this respect,•
•to undertake the necessary measures in order to exclude any attempts of unilateral changes in the status of lands in the region;h.
h. invite Moldova and the Ukraine jointly to secure their common borders, in order to stop the illegal traffic of goods, armaments, drugs, etc.
Signed : 2
Nedelciuc, Moldova, LDR
Bársony, Hungary, SOC
Behrendt, Germany, SOC
Eörsi, Hungary, LDR
Gross, Switzerland, SOC
Hegyi, Hungary, SOC
Kuzmickas, Lithuania, EDG
Libicki, Poland, EDG
Lupu, Romania, EPP/CD
Nastase, Romania, SOC
Niculescu, Romania, SOC
Ojuland, Estonia, LDR
Ponsonby, United Kingdom, SOC
Popescu, Ukraine, SOC
Rise, Norway, EPP/CD
Saakashvili, Georgia, EDG
Solonari, Moldova, SOC
Steolea, Romania, EDG
Tabadji, Hungary, SOC
Wohlwend, Liechtenstein, EPP/CD
1 The Istanbul Summit Declaration from 19 November 1999
2 SOC: Socialist Group
EPP/CD: Group of the European People’s Party
EDG: European Democratic Group
LDR : Liberal, Democratic and Reformers’ Group
UEL: Group of the Unified European Left
NR: not registered in a group