MINELRES: ERRC Submits Written Comments Concerning Moldova's Roma Rights Record to the United Nations Human Rights Committee

[European Roma Rights Center]

Today the United Nations Human Rights Committee reviews the Republic of
Moldova�s compliance with the International Covenant on Civil and
Political Rights. In the run-up to today�s meeting, the European Roma
Rights Center (ERRC) sent written comments to the Committee for
considerations during its review. The ERRC submission documents patterns
of racially motivated violence, police abuse, and systematic racial
discrimination against Roma in Moldova, as well as the failure of
national and local authorities to protect Roma from violence and
discrimination and to offer Romani victims of human rights abuse access
to effective remedies.

On the occasion of the review, ERRC executive director Dimitrina Petrova
said, "The UN Human Rights Committee meeting offers a unique opportunity
finally to shed much-needed light on the difficult human rights
situation of Roma in Moldova." The head of the ERRC partner organization
in Moldova, the Moldovan Helsinki Committee, Mr Stefan Uritu, declared
that he hoped the Committee�s review will show that �authorities in
Moldova are penny wise and pound foolish when it comes to policies
toward Roma. They allocate more resources to fighting petty crimes
committed by Roma than they allocate to ensuring that all Roma have
equal access to employment, education, and health services.�

The ERRC is aware of the measures taken by the Government of the
Republic of Moldova (�the Government�) as they are described in the
report submitted by the Government under Article 40 of the International
Covenant on Civil and Political Rights ("the Covenant"). To date,
however, these measures have been insufficient to ensure the effective
implementation of the Covenant, particularly with regard to Articles 2
(non-discrimination), 7 (prohibition of torture), 9 (deprivation of
liberty), 10 (treatment of persons in detention), 14 (equality before
courts), 25.b (right to vote), and 26 (non-discrimination).

As to Article 2, Roma suffer widespread discrimination in virtually all
spheres of public life. Legal prohibitions and other legal and
administrative measures against racial discrimination and racially
motivated violence remain uncertain in scope and provide for ineffective
remedies. Moreover, there is little indication that officials at all
levels of Government are aware of � let alone determined to act to
combat � racial discrimination against Roma.

As to Article 7, Roma are subject to torture or to cruel, inhuman or
degrading treatment or punishment by both state and non-state actors.
Law enforcement authorities, meanwhile, systematically fail to provide
effective protection to Roma.

As to Articles 9 and 10, Roma are often subject to arbitrary arrest and
detention and are frequently not informed, at the time of arrest, of the
reasons for arrest, or of any criminal charges they may face. Moreover,
Roma deprived of their liberty are often not treated with humanity and
with respect for the inherent dignity of the human person.

As to Article 14, Roma suffer discrimination in the judicial system,
both as victims pursuing justice for violations perpetrated against them
(their complaints are not adequately investigated and prosecuted), and
as defendants (the minimum guarantees of due process are not
implemented). As a result, the Covenant�s right to equal treatment
before courts and tribunals rings hollow for Roma.

As to the Article 25, Roma are underrepresented in the administration,
due among other factors to violations of their political rights, i.e.
the right to vote.

As to Article 26, notwithstanding Constitutional provisions guaranteeing
equality, the Government has failed to ensure Roma equal protection of
the law. Roma suffer widespread discrimination in virtually all fields
of public life, most egregiously and systematically in education,
housing, employment, and access to public accommodations. Legal
prohibitions against racial discrimination remain inadequate and provide
for ineffective remedies. The problem of insufficient legislative
provisions aimed at combating racial discrimination is further
compounded by the failure to ensure effective implementation of those
few legislative prohibitions which do aim counter racial discrimination.

In light of the above, the ERRC recommends that the Government undertake
the following measures:

- Adopt and implement comprehensive anti-discrimination law;
- Discipline and prosecute police and other authorities for acts of
violence and other crimes against Roma;
- Investigate and prosecute effectively anti-Romani crime, as well as
instances of discrimination against Roma;
- Adopt and implement thorough-going policies to end swiftly racial
segregation of Roma;
- Adopt pro-active measures to ensure that Roma are in practice able to
realise the right to equal access to education;
- Ratify the Optional Protocol to the International Covenant on Civil
and Political Rights such that the Human Rights Committee may receive
and consider communications from individuals claiming to be victims of
violations of any of the rights set forth in the Covenant;
- Ratify Protocol No. 12 to the European Convention for the Protection
of Human Rights and Fundamental Freedoms;
- At the highest levels, speak out against racial discrimination against
Roma and others, and make clear that racism will not be tolerated.

The full text of the ERRC submission is available on the Internet at:
http://errc.org/publications/legal/index.shtml.

The ERRC is an international public interest law organisation which
monitors the human rights situation of Roma in Europe and assists
individuals and organisations in seeking remedies in cases of abuse.
Since its establishment in 1996, the ERRC has undertaken first-hand
field research in more than a dozen countries, including Moldova, and
has disseminated numerous publications, from book-length studies to
advocacy letters and public statements. An ERRC monitor is presently
stationed in Moldova, with the Moldovan Helsinki Committee, reporting
regularly on human rights developments concerning Roma. ERRC
publications about Moldova and other countries and additional
information about the organisation, are available on the Internet at
http://www.errc.org.


_____________________________________________

The European Roma Rights Center is an international public interest law
organisation which monitors the rights of Roma and provides legal defence
in cases of human rights abuse. For more information about the European
Roma Rights Center, visit the ERRC on the web at http://www.errc.org.

European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary


Phone: +36 1 4132200
Fax:   +36 1 4132201

_____________________________________________

SUPPORT THE ERRC!

The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank transfers
are preferred. Please send your contribution to:

European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary

For correspondence, to subscribe and unsubscribe from this list, please use 
mailto:office@errc.org.