Moldovan Helsinki Committee: Major minority rights concerns in Moldova
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Subject: Moldovan Helsinki Committee: Major minority rights concerns in Moldova
From: MINELRES moderator <[email protected]>
Original sender: Serghei Ostaf <[email protected]>
Moldovan Helsinki Committee: Major minority rights concerns
in Moldova
MOLDOVAN HELSINKI COMMITTTEE
FOR HUMAN RIGHTS
October, 2001
MAJOR URGENT CONCERNS WITH REGARD TO RESPECT OF RIGHTS OF NATIONAL
MINORITIES IN THE REPUBLIC OF MOLDOVA
(INCLUDING TRANSDINISTRIA REGION)
Minority Rights Concerns pertinent to Autumn 2001
FOREWORD
Moldovan Helsinki Committee is a human rights advocacy
non-governmental organization that seeks to monitor, promote and
implement international human rights standards in the Republic of
Moldova. Moldovan Helsinki Committee is an independent public interest
non-governmental organization guided by understanding of universal
superior values of individual freedoms, social justice, equity and
nondiscrimination.
More information is available for review on-line
http://chdom.ngo.moldnet.md - the web-page of the Moldovan Helsinki
Committee for Human Rights.
The report is based on the activities and knowledge of the Moldovan
Helsinki Committee. The Report relies on the information provided by
the Moldovan Helsinki Committee comprehensive reports, researched,
investigated, monitored and advocated cases and situations with only
few exceptions provided with respective references. Information
contained in this report reflects solely the position of the Moldovan
Helsinki Committee for Human Rights. Serghei Ostaf is the editor of
present report.
Major reports referred to herein:
- The Real Human Rights Minority Value of Moldovan Law on Protection
of National Minorities. (draft); by Moldovan Helsinki Committee;
- Schinoasa Roma between Miserable Existence and Negligence for
Existence, August, 2001 (Ro) by Moldovan Helsinki Committee;
- Report on Ursari Roma community. (draft) (Ro) by Moldovan Helsinki
Committee;
- Shadow Report On Compliance Of The Republic Of Moldova With The
Obligations Under European Framework Convention On National
Minorities, July 2000, (En) by Moldovan Helsinki Committee;
- Draft Shadow Report on Implementation of Convention on Elimination
of all Forms of Racial Discrimination, 2001 (En), by Moldovan Helsinki
Committee;
- Report On The Respect Of Patients Rights In Alcohol Addicts
Institutions Of The Ministry Of Justice Of The Republic Of Moldova,
July 2000, (Ro, En) by Moldovan Helsinki Committee;
Content:
General Legal and Institutional Problems
Legal
Institutional
Specific problems and situations
General Legal and Institutional Problems
Legal
1. Simplistic understanding in legal system and in practice of the
concept and the content of national minority and human rights of
national minorities:
1.1 Definition of national minority and applicability to certain
situations, regions, groups de facto belonging to national minorities
(1):
1.1.1 Roma minority in Moldova;
1.1.2 Moldovan relative minority in Transdnister region;
1.1.3 Bulgarian minority in Gagauz Autonomous Entity, etc;
1.2 Understanding of the concept and meaning of the value of respect,
protection and promotion of rights of national minorities and most
notable the positive measures needed (2);
1.3 Awareness of need to approach public and private sphere situations
pertinent to national minorities;
1.4 Egalitarian approach with regard to various minority groups having
the direct negative impact on some "weak" or "less represented"
minority groups, most notable Roma minority but also Gagauz and
Bulgarians against Russians (3);
1.5 Inexistence of concept and certainly realization of minority
participation, at different levels (local, regional,
central-political-public, other perspectives) in decision-making
process.
2. Inexistence in legal system and practice the concept of
discrimination with regard to rights of persons and groups belonging
to national minorities:
2.1 Definition and understanding of discrimination based on ethnic,
racial, language and other reason (4);
2.2 Understanding of the concept and meaning of the value of
non-discrimination on various bases and most notable the positive
measures needed (5).
3. General, declarative and non-instrumental legal framework pertinent
to minority rights failing to deal with different, various, distinct
and complex de facto situations (6) and failure to legally endorse the
European practices and experience to protect the rights of national
minorities.
4. Insufficient capacity of relevant public authorities, public
servants to deal and approach the variety of the mentioned problems
and concerns
Institutional:
1. Department of Protection of National Minorities has just a
consultative status to the Government of Moldova it lacks the power of
regulation, interpretation and in practice framing the Governmental
policy on national minorities. The representation of national minority
groups at the Department of National Minorities in a so-called
Consultative Council, composed of representatives of different
minority groups in Moldova, de facto is dominated by Russian minority.
2. In the existing Moldovan institutional setting none of the law
enforcement or other human rights pertinent institution deals with the
minority human rights situations nor has the sufficient priority or
capacity to enforce and promote the minority human rights policies.
2.1 At present day the Governmental Human Rights Center (Parliamentary
Advocates)-Moldovan homology of Ombudsman authority- the most relevant
authority after the department on Protection of National Minorities
has shown little if any interest in the issue. The relevant minority
rights and human rights approach capacity of this authority is
questioned by Moldovan human rights advocacy groups.
2.2 Moldovan courts have had little if any precedents.
2.3 Lack of genuine minority rights advocacy groups having the
capacity at representing professionally the interests (lobbying for
policies, taking public interest cases, etc) of discriminatory
situations and cases. Moldovan Helsinki Committee remains by far one
of few advocacy groups. Roma rights groups are week and address only
educational and cultural issues. Russian and Ukrainian associations
are present but linked heavily with political strata and deal with
cultural and educational aspects.
Specific problems and situations:
- Situation of a good number of Roma communities in rural areas
throughout the Republic of Moldova most urgently with regard to (7):
a. discriminatory practice and non-representation in the in local
public administration decision-making process affecting the
communities;
b. non-discriminatory access to public benefits;
c. access to assets and their generation;
d. access to educational system and right to education in Roma
language;
- Situation of Moldovans in Transdnister region of the Republic of
Moldova most urgently with regard to (8):
a. Non-representation of interests of Moldovan relative minority
(against Russians and Ukrainians) with regard to the political process
of decision-making affecting the Transdinistrian region as a whole;
b. right to education (public and private pre-school, primary and high
education) in mother tongue and compulsory education in Cyrillic of
Moldovan children;
c. communication with public authorities in the language of relative
minority, attempts of "ethnic cleansing";
d. freedom of expression in public and in private, including through
media;
- Non-representation of interests of Gagauz minority (Gagauz
Autonomous Entity) in the Parliament of Moldova with regard to the
political process of decision-making affecting the Republic of Moldova
as a whole (9).
- Non-representation of interests of Bulgarian minority (Taraclia
county) with regard to the political process of decision-making
affecting the South region of Moldova.
- Various forms of discrimination based on ethnicity, language in
private sphere, most notable with regard to engagement in private
sphere. Especially this goes true for the persons belonging to Roma
but also ethnic Moldovans.
-------------
1) See most explicitly the approach in State report on implementation
of the Council of Europe Framework Convention on National Minorities
in the Republic of Moldova.
2) See the approach stating that "the protection of persons belonging
to national minorities does not differ from the protection of human
rights of persons" in both UN Race Convention and CoE Framework
Convention State Reports.
3) Failure to understand the need for different treatment of different
situations and minorities to respect equality. Mentioned minority
groups are forced assimilation and alienation with the interests of
minority dominant minority position in Moldova.
4) See most explicitly the approach and statements in State report on
the Implementation of UN Convention on Elimination of All Forms of
Racial Discrimination in the Republic of Moldova.
5) See the approach stating that "the protection of persons belonging
to national minorities does not differ from the protection of human
rights of persons" in both UN Race Convention and CoE Framework
Convention State Reports.
6) The most eloquent example is the recently adopted Law on Protection
of Persons belonging to National Minorities and their Associations,
September 2001 failing to give clear appreciation of various national
minority groups, various situations throughout the country, approach
participation of minorities in decision-making process, private and
public domains, etc. For details see upcoming Report of the Moldovan
Helsinki Committee "The Real Human Rights Minority Value of Moldovan
Law on Protection of National Minorities."
7) For information see reports of the Moldovan Helsinki Committee for
Human Rights:
8)For information see Shadow Report on the Implementation by the
Republic of Moldova of Framework Convention on National Minorities,
prepared by Moldovan Helsinki Committee and Resource Center of
Moldovan Human Rights NGOs
9) Not to mention the ban to set up Political parties based on ethnic
belongings.
-------------
Serghei Ostaf
Moldovan Helsinki Committee for Human Rights
53 "B" Banulescu-Bodoni Str.,
MD2012, Chisinau, Moldova,
tel/fax (373 2) 222618, 227396, 222844
WEB: http://chdom.ngo.moldnet.md
and
executive director
Resources Center of Moldovan Human Rights NGOs
95 <A> Al. Hajdau str., MD2005,
CHISINAU, MOLDOVA
tel/fax: (373 2) 278 482, 212 816, 212 819, 212 822
e-mail: [email protected]
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