ACFC/INF/OP/II(2004)004
Advisory Committee on the Framework Convention for the
Protection of National
_______________________
Second Opinion on
Adopted on
EXECUTIVE SUMMARY
Following the adoption of the first Opinion of the
Advisory Committee in March 2002 and the Resolution of the Committee of
Ministers in January 2003,
Nevertheless, significant problems remain, some of
them connected to the unsolved issue of Transnistria and to difficulties to
find a solution, in accordance with the principles of territorial integrity and
national sovereignty of
The authorities should pay more attention to the
multicultural and intercultural dimension of education, as well as to the
quality of the teaching provided for persons belonging to national minorities.
They should also try to expand teaching in and of the various minority
languages, and find ways of ensuring a more balanced presence of those
languages in the media and in relations with the administrative authorities. To
meet the specific needs of different national minorities, the participation of
the representatives of national minorities in decision-making should be
re-enforced.
Increased efforts should also be made to promote
tolerance and intercultural dialogue, including a more effective monitoring of the
situation in this area.
The situation of the Roma, who are still faced with
discrimination, social exclusion and marginalisation, remains a source of
serious concern. Increased action is needed to improve their social, economic
and educational situation, as well as their participation in public life.
TABLE OF CONTENTS
Application of the Framework Convention in Transnistria
Implementation of the laws in practice
Tolerance and inter-cultural dialogue
II ARTICLE-BY-ARTICLE
FINDINGS
ARTICLE 3 OF THE FRAMEWORK CONVENTION
Criterion of citizenship in the definition of the
expression “national minority”
ARTICLE 4 OF THE
FRAMEWORK CONVENTION
Developments in combating discrimination
ARTICLE 5 OF THE
FRAMEWORK CONVENTION
ARTICLE 6 OF THE
FRAMEWORK CONVENTION
Promotion of tolerance and interethnic understanding by
the authorities
The police and ethnically motivated incidents
ARTICLE 7 OF THE
FRAMEWORK CONVENTION
Legal framework for political parties
Freedom of religion and the right to establish religious
organisations
The Tatars request for a Muslim cemetery
ARTICLE 9 OF THE
FRAMEWORK CONVENTION
Minorities’ access to the media
ARTICLE 10 OF THE
FRAMEWORK CONVENTION
Developments in language policy
Use of minority languages in relations with the
administrative authorities
ARTICLE 12 OF THE
FRAMEWORK CONVENTION
Intercultural dimension of education
Equality of opportunity in access to education –
education of Roma children
Teaching of the State language
ARTICLE 14 OF THE
FRAMEWORK CONVENTION
Availability of teaching of minority languages
Availability of teaching in minority languages
ARTICLE 15 OF THE
FRAMEWORK CONVENTION
Institutional framework and consultation
Effective participation by national minorities in public
affairs
ARTICLE 18 OF THE
FRAMEWORK CONVENTION
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION
FOR THE PROTECTION OF NATIONAL MINORITIES
SECOND OPINION ON
1. The
Advisory Committee adopted the present Opinion on 9 December 2004 in accordance
with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97)
10 of the Committee of Ministers. The findings are based on information
contained in the State Report (hereinafter the State Report) received on 14 May
2004 and other written sources and in information obtained by the Advisory
Committee from governmental and non-governmental contacts during its visits to
Chisinau, Comrat and Taraclia from 12-15 October 2004.
2. Section I below contains the Advisory Committee’s main
findings on key issues pertaining to the implementation of the Framework
Convention in Moldova. These findings reflect the more detailed
article-by-article findings contained in Section II, which covers those
provisions of the Framework Convention on which the Advisory Committee has substantive
issues to raise.
3. Both sections make extensive reference to the follow-up given
to the findings of the first cycle of monitoring of the Framework Convention
contained in the Advisory Committee’s first Opinion on Moldova, adopted on 1
March 2002 and in the Committee of Ministers’ corresponding Resolution adopted
on 15 January 2003.
4. The concluding remarks, contained in Section III, could
serve as the basis for the Committee of Ministers’ forthcoming conclusions and
recommendations on Moldova.
5. The Advisory Committee looks forward to continuing its
dialogue with the authorities of Moldova as well as with representatives of
national minorities and other actors involved in the implementation of the
Framework Convention. In order to promote an inclusive and transparent process,
the Advisory Committee strongly encourages the authorities to make the present
Opinion public upon its receipt.
6. Moldova
has adopted a constructive approach to the Framework Convention’s monitoring
process. It has hosted a follow-up seminar to discuss action on the findings
with national minorities and representatives of the Advisory Committee. The
fact, which was a source of satisfaction to the national minorities, that all
the monitoring procedure documents (Advisory Committee’s opinion, comments of
the Government, Committee of Ministers’ Resolution) were translated into
several minority languages[1]
for the seminar, should also be welcomed. Several other seminars on national
minorities organised in Moldova – some of them under the Stability Pact for
South-East Europe – have shown that Moldova is an active partner, in promoting
the protection of national minorities, at both government and civil society
levels, and is continuing to give these questions its special attention.
7. The
authorities contacted minority representatives on the preparation of the State Report.
It appears, however, that there was no real discussion of its content. Some
representatives of national minorities feel that this communication initiated
by the Government was not sufficient, and consider that the Report does not
reflect their concerns in the manner they had hoped. In future, Moldovan
authorities, as well as representatives of national minorities, should adopt a
more open and active attitude, and together decide how best to ensure that the monitoring
process under the Framework Convention takes due account of the views of all
the parties.
Application of
the Framework Convention in Transnistria
8. As it did during the first monitoring
cycle, the Advisory Committee focused, in preparing this Opinion, on action
taken by the Moldovan authorities to implement the Framework Convention in
territories under their effective control. However, the Advisory Committee is
aware that settling the Transnistrian problem is one of the Moldovan
Government’s priorities and knows that, until it is settled, that problem will
continue to affect significantly the process of domestic dialogue and
reconciliation concerning such important issues as consolidation of the
Moldovan State, national identity and language.
9. The present situation obviously has
negative effects on the implementation and on the monitoring of the Framework
Convention in territories outside the Moldovan Government’s effective control.
The efforts of the Moldovan authorities and certain non-governmental
organisations to contact civil society representatives in Transnistria and,
whenever possible, involve them in activities aiming to promote tolerance and
inter-cultural understanding are laudable and should be encouraged.
10. More generally, it is up to the
authorities, and all the parties involved in the negotiation process, to
redouble their efforts and adopt an open and constructive approach, so that a
just and lasting solution can be found without delay. In this connection, the
principles enshrined in the Framework Convention must be upheld, ensuring that
the rights of persons belonging to national minorities living anywhere in
Moldovan territory are respected.
11. The Advisory Committee has taken note
with concern of the serious difficulties recently encountered in Transnistria
by Moldovan schools employing the Latin script. Like the international
organisations which have already expressed their position on this question, the
Committee considers that the situation of the pupils, families and teachers
concerned, who are de facto – at least in language terms
– in a minority position in Transnistria, is unacceptable. It finds that
situation even more disturbing in view of the fact that children are not only
deprived of their rights concerning equal access to education and preservation
of their identity (of which language is one essential aspect), but have also
been placed at the centre of a conflict where the issues are political, and not
simply educational.
12. Although most of the pupils concerned
were eventually able to start the school year without excessive delay, the
schools’ situation remains uncertain and is causing concern under the Framework
Convention. Provisional registration[2] of two schools by the
self-proclaimed Transnistrian “authorities” has not solved the basic problem
which caused the tensions. The parties concerned should make all necessary
efforts to find, without delay, a lasting solution which respects international
standards, including the Framework Convention, allows these schools to function
normally, and respects the right of children to preserve and affirm their
linguistic and cultural identity through the schooling they receive.
13. As
requested by the Advisory Committee in its first Opinion, with reference to
Article 3 and other articles of the Framework Convention, Moldova has attempted
to ensure that the Organic Law on the Rights of Persons Belonging to National
Implementation of
the laws in practice
14. Enforcing
the law remains a major problem for
15. Fifteen
years after the previous population census in 1989,
Tolerance and
inter-cultural dialogue
16.. The general climate of Moldovan society is
one of tolerance and mutual respect, and the various official and civil society
actors in public life are committed to maintaining inter-ethnic understanding
and dialogue. Nonetheless, additional monitoring is needed to determine the
real incidence of ethnic discrimination and intolerance. Greater efforts should
be made to inform and raise awareness, targeting inter alia the police, the judiciary and the media, in order to
extend inter-cultural dialogue and combat intolerance, particularly
in the case of more vulnerable groups, such as the Roma and non-traditional
religious communities. A more effective contribution in the field of education
and the media is called for in this respect.
17. Regarding the media, which are still
divided along language lines, it is regrettable that their treatment of
inter-ethnic relations and diversity remains, on the whole, unsatisfactory,
notwithstanding certain positive initiatives.
18. Many
Roma in
19. If
20. The
1989 Law on the Functioning of Languages is still in force. For several years,
various actors have been suggesting that this law needs to be up-dated,
modernised and brought into line with the new situation created since the
country became independent. The linguistic question – itself a vital
aspect of the building process of the
21. Whatever
the course followed, it is essential, as the Advisory Committee stressed in its
first Opinion, that the Framework Convention’s principles be respected, and national
minorities consulted on any decisions taken in this area. This is the only way
to ensure that the policies and measures adopted answer to the needs and
specific identities of persons belonging to the different national minorities
living in
22. In
practical terms, national minorities living in
23. Although
persons belonging to national minorities generally enjoy favourable conditions
for effective participation in public life, various improvements, both legal
and practical, could be made. The authorities are urged to take further steps
to enable national minorities to participate effectively in decision-making
affecting them, inter alia by
consulting national minorities more broadly on issues which concern them.
Additionally, further efforts are needed to increase the number of persons
belonging to national minorities in public service posts. Special attention
should be paid to the numerically smaller minorities, and particularly the
Roma, who are sometimes excluded to a disturbing degree from community and
economic life and decision-making.
II. ARTICLE-BY-ARTICLE FINDINGS
ARTICLE 3 OF THE
FRAMEWORK CONVENTION
Criterion of
citizenship in the definition of the expression “national minority”
Findings
of the first cycle
24. In its first Opinion, the Advisory Committee noted that the
criterion of citizenship was included in the definition of the expression
“national minority” contained in Moldovan legislation. It also mentioned the
legal and procedural problems encountered by persons of foreign origin (some 4,000
to 5,000) who had been living in
Present
situation
a) Positive developments
25. The Advisory Committee welcomes the fact that the authorities
are in their action maintaining a dialogue, in terms of protection of national
minorities, with these persons of foreign origin, whether or not they have
obtained Moldovan citizenship, and that, in accordance with this practice,
these persons were included in the discussions with the Advisory Committee
during its visit to Moldova. It also notes that
b) Outstanding issues
26. Despite this legislative development, persons of foreign
origin who have already lived in
Recommendations
27. The authorities should continue their efforts to improve the
possibilities of obtaining Moldovan citizenship in order to facilitate the
integration of these persons in Moldovan society as well as their access to the
protection of the Framework Convention.
28. The
Advisory Committee also believes that it would be possible to consider, where
appropriate, the inclusion of persons without citizenship of
Findings
of the first cycle
29. In its first Opinion, the Advisory Committee urged the
authorities to organise a new population census and, more generally to take all
necessary measures to obtain reliable data on the ethnic composition of the
population.
Present
situation
Positive developments
30. The organisation of a new population census in October 2004 is
to be welcomed as a significant development likely to have positive effects on
the development and evaluation of policies and measures on implementation of
the Framework Convention in
31. In order to foster free expression of the ethnic identity of
individuals, the question on “nationality” was optional and open, leaving it to
individuals to decide whether or not to indicate that they belonged to a group
they themselves named, without offering a ready-made list of ethnic groups.
Similarly the question on languages, which was in three parts (mother tongue,
language usually spoken, languages known), did not offer a ready-made list of
languages. The census forms were bilingual (State language and Russian).
Despite these precautions, the international observers concluded in their
preliminary report that these questions often proved sensitive and were in some
cases a source of confusion. They also noted that, while interviewees generally
answered them spontaneously, the census takers appear to have tried, in some
parts of the country, to influence the interviewees’ choice, in particular by
discouraging them from saying that they were “Romanian” rather than “Moldovan”.
32. Non-governmental
sources criticized the authorities and the media for not having prepared the
population sufficiently for the census either by explaining its importance and
implications or how it would be conducted, including the behaviour expected of
the census takers. It has to be observed that a number of uncertainties and
fears remain among the population, particularly concerning possible distortions
of their declarations by census takers.
33. Despite the irregularities mentioned, the observers considered
the conduct of the census to have been successful. They also called for special
attention to be given to the processing of data on ethnicity and announced that
they would be following the process closely.
Recommendations
34. In view of the particularly sensitive nature of the
information on ethnicity and the use of languages in Moldova, the authorities
should ensure, when the data collected during the census is processed and
disseminated, that guarantees on the gathering of personal data are respected
in accordance with existing standards in the field and the principles contained
in Article 3 of the Framework Convention. Furthermore, the authorities should seek to ensure that the
publication of the final results is not misused for political or other
purposes. This is particularly important as regards information on the ethnic
breakdown of the population.
ARTICLE 4 OF THE FRAMEWORK CONVENTION
Developments in
combating discrimination
Findings
of the first cycle
35. In its first Opinion, the Advisory Committee noted that
official information on cases of discrimination on grounds of ethnicity was
very limited and invited the authorities to improve the means of assessing the
situation in this respect. The Parliamentary Advocates were encouraged to give
more specific attention in their activities to issues connected with the
protection of national minorities.
Present
situation
a) Positive developments
36. The
number of cases of discrimination brought to the attention of the Advisory
Committee by persons belonging to national minorities remains limited. The
Advisory Committee also notes that the problems of persons belonging to
national minorities continue to account for only a very small number of the
cases dealt with by the Parliamentary Advocates.
b) Outstanding issues
37. Like ECRI in its Second Report on
38. As
to the Parliamentary Advocates, the Advisory Committee considers that, in order
to make sure that the limited number of complaints addressed to them reflects
the real situation, further efforts could be made to inform the population
potentially concerned, in particular the Roma, of the opportunities this body
provides for combating discrimination. The Advisory Committee takes note of the
pending revision of the law governing the functioning of this body, aiming to make
it more efficient, and considers that this could also be beneficial for persons
belonging to national minorities.
39. In
addition, the Advisory Committee notes that shortcomings are reported with
regard to the conditions in which NGOs promoting human rights and fighting
against discrimination work in
Recommendations
40. The authorities should step up their efforts to find ways of
obtaining a more complete picture of the implementation of the principles of
non-discrimination and full and effective equality with respect to persons
belonging to national minorities.
41. The
authorities are encouraged to pursue their plans aiming to improve the legal
framework and practical conditions for the activities of the Parliamentary
Advocates. The latter are encouraged to be more active in informing the
population of the mechanisms available to ensure protection from
discrimination, including the possibility for non-governmental organisations to
represent victims of discrimination before the Parliamentary Advocates. It is
also important to ensure that appropriate attention is paid to ethnic grounds
whenever they appear in a case.
42. More generally, it is important for the protection of national
minorities to create in
Findings
of the first cycle
43. In its first Opinion, the Advisory Committee encouraged the
authorities to intensify their efforts to find appropriate solutions to the
serious social and economic difficulties, social exclusion and discrimination
suffered by a significant number of Roma.
Present
situation
a) Positive developments
44. In
recent years, the authorities have introduced measures in various sectors in
order to improve the situation of the Roma. As mentioned in the State Report,
direct support, including financial, has been given to Roma in education,
health, housing and other relevant areas.
b) Outstanding issues
45. Despite the measures mentioned, the implementation of the 2001
Governmental Programme for Roma Integration has not resulted yet in tangible
improvement of the situation. A significant proportion of the Roma population
of
46. Although the whole population of
47. With the backing of the Council of Europe, there have recently
been a number of consultations with representatives of the Roma on the possible
adoption of a comprehensive strategy to supplement and develop the
above-mentioned programme. In this context, a negotiating group composed of
representatives of various Roma organisations was set up to be the Government’s
main partner in this process and to put forward concrete proposals in the name
of the Roma. Although some governmental bodies have shown themselves to be open
to this process, the drafting of the strategy at present seems to be blocked.
The authorities seem to prefer the development of more specific measures, in
pursuit of the Governmental Programme of 2001, than to the drawing up of the
strategy mentioned above.
Recommendations
48. More determined efforts are needed, at both central and local
levels, to achieve tangible improvements in the situation of the Roma. In
particular, the improvement of their socio-economic situation is essential. The
co-operation developed with the Council of Europe in this field should
continue.
ARTICLE 5 OF THE FRAMEWORK CONVENTION
Findings
of the first cycle
49. In its first Opinion, the Advisory Committee encouraged the
authorities to continue to support national minorities in their actions to
preserve and develop their cultures and to involve more fully their
representatives, including those of disadvantaged and
numerically smaller minorities, in decision-making in this area.
Present
situation
a) Positive developments
50. The efforts of the authorities at central, regional and local
levels to support numerous cultural activities of national minorities, their
artistic ensembles, the publication of literature in minority languages and
their specific cultural establishments (cultural centres, museums, theatres,
libraries), are to be welcomed. It is important to note that these activities
are not isolated but, on the contrary, engender a great deal of interest from
minorities and the majority alike. The
Advisory Committee notes in this respect that, for Moldova, bilateral co-operation
is a particularly important way of strengthening cultural support for national
minorities and that the authorities are trying to use the potential for co-operation
with kin-states as much as possible in order to compensate for the lack of
resources prevailing at the national level (see also the comments under Article
18 below).
51. With
regard to the Roma, the Advisory Committee was pleased to learn from the
representatives of the Ministry of Culture, that Roma artistic activities are given
substantial support by the State and valued by the population. The fact that
Roma culture and history have for some years been the subject of academic
research by the Moldovan Academy of Sciences, whose Institute for Interethnic
Research now has a special section devoted to the field, should be noted as a
positive development. It can only be hoped that in the medium and long terms
this will have a positive spill-over effect in schools, and, more generally, in
terms of societal attitudes towards persons belonging to this minority.
b) Outstanding issues
52. Representatives of the minorities, while appreciating the guarantees provided
for by Moldovan legislation in this field and despite the efforts mentioned by
the authorities, consider this legislation to be insufficiently applied,
particularly at local level. The Ukrainians consider a clear political will to
support the preservation and development of their culture, language and
traditions to be lacking. They point out that, although they are the largest
minority in
53. As for more specific expectations, the Gagauzians living in
Chisinau would like to have their own cultural centre for their activities.
54. Similarly,
the Roma have asked for the Government’s support for the establishment of a
cultural and educational centre in Chisinau. In spite of the measures taken by
the authorities to support their artistic activities, the Roma consider the State’s
efforts in this area insufficient, which is aggravated by the fact that they
cannot receive support from a kin-state.
Recommendations
55.
ARTICLE 6 OF THE FRAMEWORK CONVENTION
Promotion of
tolerance and interethnic understanding by the authorities
Findings
of the first cycle
56. While welcoming the general atmosphere of mutual respect and
understanding in Moldovan society, the Advisory Committee was concerned about
the language gap between the majority, who speak the State language (Moldovan), and the Russian-speaking
population of the country. In the context of the tensions that appeared when
the authorities announced measures on language policy and history teaching, the
authorities were encouraged to continue their efforts to promote tolerance and
intercultural dialogue and avoid strengthening these divisions.
Present
situation
a) Positive developments
57. Although there are still difficulties, tensions have subsided
and the tolerance level among the population seems to have improved. The
concern to preserve intercultural understanding and harmony, and in this way
the cohesion and stability of Moldovan society, seems to be a priority for all
the actors involved, whether the authorities or the groups concerned.
58. Although the situation has again become more tense,
particularly in relation to the problems encountered by the Moldovan schools of
Transnistria using the Latin script, the Advisory Committee appreciates the
efforts the Moldovan authorities have made in the last few years to deblock the
situation in Transnistria. It also welcomes the initiatives taken by
representatives of civil society and certain state structures (such as the
Department for Interethnic Relations), as well as some Moldovan media, to
develop constructive dialogue with non-governmental organisations in Transnistria
and involve them in activities that seek to promote interethnic dialogue and mutual understanding. In this
context, special mention should be made of the solidarity expressed by the
national minorities of
b) Outstanding issues
59. Despite the positive developments mentioned above, Moldovan
society is still divided around linguistic questions and, more generally, questions
connected with Moldova’s search for and affirmation of a national and state identity. Although an increasingly
balanced approach has been pursued in the last few years in addressing these
questions, there are still instances of intolerance, often kept alive
and sometimes fuelled by the media.
60. The question of Transnistria remains a serious concern,
especially since this conflict affects a great many developments, political and
others, of importance to the whole population of
61. The
Advisory Committee notes in addition that manifestations of intolerance are
still reported in the Moldovan society with respect to persons belonging to
more vulnerable groups, such as the Roma and non-traditional religious
communities (see under Article 8 below).
Recommendations
62. In order to preserve and strengthen the country’s social
cohesion, it is essential that the Moldovan authorities continue to promote
mutual respect, interethnic understanding and co-operation among persons
belonging to different ethnic or linguistic groups and make efforts to
eliminate any barriers or division between them. More determined efforts are
needed to strengthen the role of education, the media and culture in this
connection. Increased efforts should be made to improve the dialogue with, and
the integration of, persons such as the Roma and non-traditional religious
communities.
63. As regards Transnistria, the authorities are encouraged to
continue and intensify their efforts to arrive at a peaceful and lasting
settlement of the conflict as soon as possible by adopting an open,
constructive approach, fostering dialogue and interethnic understanding.
Findings
of the first cycle
64. The Advisory Committee called upon the authorities to
intensify their efforts to create all the necessary conditions for the
independence of the media, regardless of their language, enabling them, despite
all the divisions, to make a real contribution to promoting tolerance and
interethnic understanding.
Present
situation
a) Positive developments
65. Laudable efforts have been made by media professionals in this
connection. The project for diversity launched by the Centre for Independent
Journalism in Spring 2004 is to be welcomed, for example. Journalists from
various ethnic backgrounds and different regions of the country have formed a
network to prepare bilingual publications (State language and Russian) on
intercultural dialogue and diversity and to monitor how these issues are
covered by the main media. Similarly, the recent setting-up, with international
backing, of a forum for information and common dialogue (“Ethnoforum”) open to
the various ethnic groups to make up for the shortfall in this area is also to
be welcomed. It consists in particular of a bilingual, interactive Web page (State
language and Russian) open to interethnic communication, and the production of
a series of television programmes on the same set of issues to be broadcast by
the public television channel.
b) Outstanding issues
66. Despite these developments, there are still serious
deficiencies in the way the mainstream
public media cover diversity and reflect interethnic relations as well as
issues of national importance. According to these studies, media treatment of
these issues is too often politicised and biased and still displays prejudiced
stereotyping either of national minorities or of the majority. The lack of
pluralism and alternative opinions, balance and diversity are also cited as
deficiencies likely to have negative effects on tolerance and interethnic
understanding.
Recommendations
67. More
sustained efforts are needed in order to encourage that media play a positive
role in Moldovan society as vehicles of communication and integration, whatever
their positioning in the media landscape and whatever the language used.
Further measures are awaited in terms of training and awareness-raising for
journalists with respect to human rights and diversity. More generally, the
authorities should ensure that all the conditions needed to allow the media to
operate independently and pluralistically are in place, including with regard
to the public service broadcasting company, "Teleradio
The police and
ethnically motivated incidents
Present
situation
Outstanding issues
68. The Moldovan authorities report that they have no information
on ethnically motivated cases of threats or discriminatory acts, hostility or
violence. However, it appears that members of the law-enforcement bodies
sometimes display a lack of understanding towards these people, many of whom
live in very difficult conditions. Non-governmental sources mention cases
reflecting a discriminatory attitude on the part of the police[8]
toward the Roma, although no formal complaint has been lodged in this
connection. These sources also report instances of abusive behaviour and even
violence by some police officers towards the Roma, including women and children
in some cases.
69. The Roma are also subject to discrimination as regards access
to the courts since the police and judicial authorities tend to be reluctant to
conduct the necessary investigations and prosecute known perpetrators of
violence against the Roma, especially when such acts are committed by police
officers.
70. Cases of arbitrary arrest and detention of Roma and persons of
foreign origin are also mentioned, as well as ill treatment of persons in
custody.
71. The Advisory Committee notes, however, that
Recommendations
72. Since in the absence of reliable statistics it is difficult to
determine the real number of ethnically motivated manifestations of intolerance
and hostility,
73. At the same time, measures to raise awareness of human rights
and tolerance, the existence of national minorities and the special characteristics
of their culture and traditions, particularly the Roma, should be continued and
stepped up. These measures should be addressed to members of the police forces
and the other professions concerned, such as the judiciary, the press, etc.
ARTICLE 7 OF THE FRAMEWORK CONVENTION
Legal framework
for political parties
Findings
of the first cycle
74. In its first Opinion, the Advisory Committee encouraged the
authorities to examine the legal framework pertaining to political parties’
organisation and functioning[9]
in order to ensure that there were no undue obstacles to persons belonging to
national minorities organising and defending their interests in the framework
of political parties.
Present
situation
a) Positive developments
75. In recent years Moldovan legislation on political parties and
socio-political organisations, as well as the electoral code and other related
laws, has been the subject of dialogue with the Council of Europe through a
legislative expertise that covered, inter alia, the issues that
attracted the Advisory Committee’s attention during the first round of
monitoring of the Framework Convention.
b) Outstanding issues
76. Although close co-operation has been established with the
Council of Europe in order to bring legislation into line with European
standards, none of the issues concerned are yet on the Moldovan Parliament’s
agenda.
Recommendations
77. When the necessary new legislation on political parties is
enacted, the authorities should ensure
that freedom of association of persons belonging to national minorities is
respected, in accordance with Article 7 of the Framework Convention (see also
the comments under Article 15 below).
ARTICLE 8 OF THE
FRAMEWORK CONVENTION
Freedom of
religion and the right to establish religious organisations
Present
situation
78. Representatives of the Muslims of Moldova (the Spiritual
Organisation of the Muslims of Moldova and the Central Muslim Spiritual
Council) reported practical difficulties with requests to register their
religion lodged several years ago with the State Department for Religions.
Although Moldovan legislation[10]
allows the free organisation and functioning of cults in the conditions
established by law and the amendments made in 2002 to the Law on Cults were
supposed to simplify the registration process, it seems that the requests in
question are rejected for procedural reasons that are difficult to identify.
Following a complaint lodged in 2002 against the State Department for Religions
by the Central Muslim Spiritual Council, a case is at present before the
Moldovan courts, while the Spiritual Organisation of the Muslims of Moldova has
lodged an application with the European Court of Human Rights. The case is at
present awaiting examination[11].
79. Furthermore, this question also seems to be dealt with by the
authorities from the point of view of public order and national security. The
police keep a close watch on the religious practices of the members of the
Muslim communities, in particular those meeting in Chisinau in premises made
available by a charitable organisation. Hostile attitudes on the part of the
police are reported in this context (repeated identity checks, pressure,
intimidation, imposition of administrative fines). According to representatives
of the Ministry of Interior, police action in this case concerns only the
organisers of these meetings and not the ordinary participants. According to
them, such action is justified by provisions of Moldovan legislation requiring
religions to be recognised by the State in order to organise and function.
80. It may nevertheless be questioned if the public exercise of
religious practices can justly be considered illegal, even if the cult
concerned is not registered, given that the law allows everyone to exercise
their religion freely, whether individually or communally, in private or in
public (Article 1 of the above-mentioned Law on Cults)[12]. The only restrictions authorised are on grounds connected with
protecting security and public order, health and morality and protecting the
rights and freedoms of others. The effective existence of such grounds has yet
to be confirmed, however.
Recommendations
81.
The Tatars
request for a Muslim cemetery
Findings
of the first cycle
82. In
its first Opinion, the Advisory Committee encouraged the authorities to
identify solutions, in consultation with representatives of the Tatar
community, to enable that community to have at its disposal an appropriate
location in which to build a Muslim cemetery in Chisinau.
Present
situation
Outstanding issues
83. Despite repeated requests, the Tatar community still does not
have a cemetery. Although the Mayor of Chisinau has recently suggested a
solution, this is not acceptable to those concerned.
Recommendations
84. An acceptable solution should be found in response to the
Tatar community’s request for a Muslim cemetery in Chisinau.
ARTICLE 9 OF THE FRAMEWORK CONVENTION
Findings
of the first cycle
85. In its first Opinion, the Advisory Committee called for
efforts to ensure a greater balance between persons belonging to the various
national minorities in respect of access to and presence in the media. The
authorities were encouraged to support media in minority languages at local
level, particularly for the numerically smaller minorities, including the Roma.
Present
situation
a) Positive developments
86. The rapid development of private electronic media in
87. Public television and radio continue to broadcast programmes
on special themes for national minorities nationwide. These are broadcast in
minority languages at the rate of 30 minutes per week in Ukrainian, Gagauzian
and Bulgarian respectively, and 30 minutes once a month in Roma language and Hebrew
respectively. Public channels also broadcast a 30-minute programme in Russian
twice a month and a monthly bilingual (Moldovan/Russian) programme that brings
together representatives of the various national minorities. These programmes
are produced by teams that include persons belonging to the national minorities
and the television programmes are subtitled in the State language. The
minorities are also represented on the Observers’ Council of the Public Radio
and Television Company and the Broadcasting Council.
88. With respect to the press, the existence of periodicals and
newspapers published by national minority organisations in Ukrainian, Russian
(by the Gagauzians, Jews and Azerbaijanis, as well as by the Russians),
Bulgarian, Gagauzian and Polish is to be welcomed.
b) Outstanding issues
89. There
has certainly been an improvement in access to and presence in the national
media by Ukrainians and the Ukrainian language. Nevertheless, their
representatives consider this situation unsatisfactory and would like to have
more news programmes in Ukrainian, even if they were short (five to seven
minutes). At the same time, further measures are still needed at local level.
According to the relevant authorities, the present situation is not the result
of a lack of political will, but rather to underuse of existing opportunities
by those concerned, among other reasons because of continuing problems with
regard to the training of journalists and problems connected with lack of
resources.
90. Generally speaking, minority representatives consider that the
volume and quality of the programmes mentioned above, as well as the
broadcasting times allocated to them, do not respond sufficiently to their
needs. Moreover, the coverage of issues of interest to the numerically smaller
minorities (Armenians, Belarusians, Azerbaijanis, Tatars, Poles, Lithuanians,
etc) remains limited. As for the print media, their number and quality are also
considered inadequate. Most of these publications are issued only irregularly
due to the fact that private funding, on which they rely, is not consistently
available.
91. The use of minority languages in the media still seems largely
dependent on financial resources, political interests and existing levels of
professionalism. The State language and Russian are therefore still those most
widely used in the media.
Recommendations
92.
ARTICLE 10 OF THE FRAMEWORK CONVENTION
Developments in
language policy
Findings
of the first cycle
93. In
its first Opinion, the Advisory Committee noted that the use of languages in
Present
situation
a) Positive developments
94. In application of the Law on National
95. Although shortcomings subsist, the efforts made in recent
years to make more efficient the learning of the State language by adults and
eliminate the difficulties previously found in implementing the
Moldovan-Russian bilingualism required of public servants are also to be
welcomed. In this connection, the more sustained organisation of Moldovan
courses for adults, the publication of appropriate teaching materials for them,
the formation of study groups in ministries and departments, as well as for
staff working in the provinces since 2003, should be mentioned (see also the
comments under Article 12
below).
b) Outstanding issues
96. Since
the moratorium on introducing measures to give Russian higher status was
declared in 2002, uncertainty has remained in
Recommendations
97. The authorities should ensure that legislation and the related
practice provide the necessary conditions for effective implementation of the
rights of persons belonging to minorities relating to the use of their languages under the Framework Convention. In
this context, they should try to maintain a balanced approach that takes into
account the particular features of the linguistic situation in
Use of minority
languages in relations with the administrative authorities
Findings
of the first cycle
98. In its first Opinion, the Advisory Committee called for
clarifications on the numerical threshold required for the use of minority
languages in relations with the administrative authorities.
Present
situation
Outstanding issues
99. There
is no new step to report with respect to the above-mentioned numerical
threshold as legislation on the functioning of languages has not been amended
since the Advisory Committee’s first Opinion.
100. At the practical level, it can be noted
that in relations with the authorities Russian is widely used, alongside the State
language. Other minority languages are used to a lesser extent. According to
some representatives of national minorities, the authorities’ replies and
administrative forms are too often provided in the State language, even when
another language has been used for the request. In this regard, representatives of the Ukrainian minority informed the
Advisory Committee about a recent tendency noted among many Ukrainians to
prefer the use of the Ukrainian language rather than Russian in dealings with
the administrative authorities.
Recommendations
101. The authorities should re-examine the
existing situation, from a legal as well as a practical point of view, and take
the necessary measures to ensure effective implementation of Article 10,
paragraph 2, of the Framework Convention, according to actual demand and needs,
in co-operation with those concerned.
ARTICLE 12 OF THE FRAMEWORK CONVENTION
Intercultural
dimension of education
Findings
of the first cycle
102. In its first Opinion, the Advisory
Committee welcomed
Present
situation
a) Positive developments
103. Moldovan pupils receive training in human
rights and tolerance in civics classes (at secondary school) and get familiar
with the basic principles of law (at high schools). In order to develop
the multicultural dimension of education and facilitate intercultural knowledge,
a literature textbook including works by writers from different ethnic groups
has been produced by an Education Centre and, after being tried out in 15
schools, submitted to the Ministry of Education for approval. This textbook is
later to be recommended to all Moldovan schools.
104. In the schools of national minorities, a
subject devoted to “The people’s history, culture and traditions”[13]
was introduced into the primary school curriculum from the 2002-2003 school
year. Since the 2003-2004 year, this has been extended to years
V to IX.
105. Also to be welcomed, among other projects
on national minorities, is the current research on Roma history, culture and
language in Interethnic Research Institutes of the Academy (see also the
comments under Article 5 above). Unfortunately, representatives of the academic
community report difficulties in publishing and distributing monographs and
other research findings, whether on the Roma or other subjects concerning the
cultures of national minorities, as a result of lack of resources and
inadequate state support.
b) Outstanding issues
106. Information on the culture, history and
traditions of national minorities remains limited in Moldovan schools, the
initiatives mentioned above being recent and requiring energetic measures
accompanied by adequate resources if they are to be effective.
Recommendations
107. In order to ensure the necessary quality of
the teaching of the new subjects of study mentioned above, it is essential
speedily to draw up and distribute the relevant syllabuses and methodologies,
produce and/or distribute the necessary textbooks, as well as provide specific
training for the teachers concerned. Bilateral co-operation and the support of
international organisations are avenues to be explored to make up for the lack
of resources at national level.
108. Special attention should also be paid to
reflecting the multicultural nature of Moldovan society in the curricula and
relevant textbooks of other subjects for all pupils, whether they come from the
majority or national minorities. Similarly, educational, artistic and cultural
activities organised in and by schools should include this intercultural
dimension in order to foster mutual knowledge, closer ties and dialogue among
children whatever their ethnicity.
Findings
of the first cycle
109. The
changes in history teaching announced by the Government in late 2001 were the
source of considerable tensions in Moldovan society from January 2002. In order
to calm the situation, a moratorium on those measures was announced in the
spring of that year. In its first Opinion, the Advisory Committee called for a
balanced approach to these sensitive issues and considered it essential to
consult all the parties concerned.
Present
situation
a) Positive developments
110. Since then, the authorities have begun to
prepare new history textbooks and sought the Council of Europe’s co-operation
in this. The intention is to include in the new books a multicultural dimension
and to take a balanced approach to the country’s history, while strengthening
b) Outstanding issues
111. According
to the information made available to the Advisory Committee, the intercultural
dimension is at present lacking in the history textbooks currently used in
Moldovan schools. It also seems that the introduction of the new textbooks
continues to be a potentially controversial issue in
Recommendations
112. Drawing on the Council of Europe’s
experience in this area, the authorities should try to ensure that the new
textbooks give a balanced picture of the country’s history and contribute to
the strengthening of tolerance and mutual understanding. When the new approach
to history teaching is implemented, they should try to take all sensibilities
into account in order to foster the preservation and strengthening of social
cohesion and interethnic dialogue.
Equality of
opportunity in access to education – education of Roma children
Findings
of the first cycle
113. In its first Opinion, the Advisory
Committee encouraged the authorities to ensure that all national minorities,
including the numerically
smaller ones and those who cannot enjoy the support of a
kin-state benefit equitably from their attention in the development of
education policies and curricula. The Committee of Ministers’ Resolution on
implementation of the Framework Convention by
Present
situation
a) Positive developments
114. The
authorities have continued their efforts to improve the situation with respect
to training specialised teachers, as well as the preparation and publication of
textbooks appropriate for the education of national minorities, including
through bilateral co-operation with kin-states.
115. The
authorities have recently been more receptive to concerns expressed by the Roma
and have launched new initiatives to improve the situation in the field of
education. The State Report details the measures taken by central and local
authorities to facilitate the integration of Roma children in the school system
at the various levels. These include direct socio-economic support for families
as well as special initiatives, such as introducing quotas for access to higher
education.
116. The fact that there are now about forty
young Roma studying in the
universities of
b) Outstanding issues
117. Representatives of national minorities argue that resources so far allocated by the authorities to teacher
training and textbooks are still inadequate. With respect to textbooks, it
should be noted that the problem concerns the whole of the Moldovan education
system as well as families, since parents rent textbooks for a fee, which is a
problem in view of the difficult economic situation many of them are in.
118. Despite the measures mentioned above, the
Roma continue to have serious difficulties in the education field. Difficult
material conditions in families and the schools concerned (where the minimum
conditions needed for education are lacking and children of different ages sit
side-by-side, often without textbooks), the complete isolation of Roma children
when they live in Roma villages far from other localities, the lack of
qualified teachers and other factors are resulting in families’ losing interest
in education. In the absence of support measures by local authorities, the
result is a large number children who do not go to school, high rates of
absenteeism and underachievement at school, as well as continuing high illiteracy
rates in this population. These difficulties are accentuating the
marginalisation of the Roma and keeping them in a vulnerable situation in terms
of effective participation in the economic, social, political and cultural life
of the country, as well as in public affairs.
Recommendations
119. The question of textbooks and teachers
trained for the education of national minorities should be dealt with as a
priority. Notwithstanding the limited
resources available, the authorities should try to increase their efforts in
this area, including through greater use of the opportunities for
obtaining international support for this purpose.
120. As for the Roma, it is essential to act
without delay through concerted measures in the various sectors concerned (economic,
health, etc) in order to deal sustainably with the roots of the problems and
make it possible to ensure that Roma children enjoy equal access to education.
Awareness-raising measures are also needed for both families and schools with a
view to greater integration of these children in the education system.
Teaching of the State
language
Findings
of the first cycle
121. In its first Opinion, the Advisory Committee
found that knowledge of the State language among persons belonging to national
minorities was limited and was growing only very slowly. The authorities were
encouraged to make further efforts in this respect.
Present
situation
a) Positive developments
122. Following an evaluation of the situation,
b) Outstanding issues
123. Despite
these positive developments, national minorities report problems with the
quality of this teaching, which, according to some sources are the result of a
lack of textbooks and particularly the difficulty of finding and training
teachers proficient in both languages (the State language and the minority
language). In this context, the minority representatives expressed the wish for
qualified teachers from their respective communities to teach the State
language.
Recommendations
124.
ARTICLE 14 OF THE FRAMEWORK CONVENTION
Availability of teaching
of minority languages
Findings
of the first cycle
125. In its first Opinion, the Advisory
Committee encouraged the authorities to provide a balanced response to the
specific language needs of all national minorities.
Present
situation
a) Positive developments
126.
127. As for higher education, the establishment
of the State University of Comrat in Gagauzia on the initiative of the
authorities of the autonomous region is to be welcomed. Similarly, the opening
of a
b) Outstanding issues
128. Most national minority representatives
consider the existing opportunities in this field insufficient and continue to
report problems with respect to the availability of textbooks and qualified teachers.
129. Unlike the other minority languages, there
is as yet no possibility of learning Roma language in Moldovan schools either
in ordinary programmes or “Sunday schools”. The measures the authorities have
taken recently to encourage the development of research and the training of
specialists in this field should eventually make it possible to respond to any
demands for such education.
Recommendations
130.
Availability of
teaching in minority languages
Present
situation
a) Positive developments
131. The authorities generally support
initiatives to enable the use of minority languages as languages of instruction[15].
Thus in the 2003-2004 school year, Ukrainian was the language of instruction in
18 classes, Bulgarian in 6 classes and Polish in 4 classes. While the
curriculum for this type of education is already available for years I to XII,
efforts are now under way to provide the corresponding textbooks in Russian,
Ukrainian. Gagauzian and Bulgarian for years X to XII. Such textbooks have
already been published for years I to IX.
b) Outstanding issues
132. The use of minority languages other than
Russian as languages of instruction remains limited. At preschool level the use
of other minority languages is a rare exception (Ukrainian for 0.06% of the
school population during the 2003-2004 school year). Only two languages are
used in primary and secondary education: the State language and Russian.
133. The situation described clearly does not in
any way reflect the ethnic composition of the population. It should, however,
be recognised that there is very little demand for mother tongue education
other than Russian. While families want their children to be able to learn
their mother tongue and receive an education in that language, when making
their choice they also take into account the difficulties incurred and criteria
such as resources, continuity and academic performance, as well as subsequent
employment prospects. Hence the preference for education in Russian or the State
language, with the possibility of studying the mother tongue as a subject.
Recommendations
134. The authorities should make further efforts
gradually to extend teaching in minority languages according to demand and
allocate the resources necessary to ensure satisfactory quality. Particular
attention should also be paid to the development of methodologies pertaining to
multilingual education in order to enable teachers and pupils to deal
successfully with the specific
situation they face in
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Institutional
framework and consultation
Findings
of the first cycle
135. In its first Opinion, the Advisory
Committee encouraged the authorities to broaden the scope of consultation with
persons belonging to national minorities and enter into direct dialogue with
the organisations representing each national minority.
Present
situation
a) Positive developments
136.
137. Another positive development has been the
consultation of national minorities prior to the drafting of important
legislation such as the National Policy Law and the fact that national
minorities have been involved in discussions on constitutional reform in the
last few years in
138. With respect to the observations the
Advisory Committee made regarding Article 16 in its first Opinion, it should be
noted that under the new legislation enacted on public administration[17]
the country now has a new administrative-territorial organisation that has
restored districts – smaller units – as an intermediate level replacing the
regions. Although some aspects of this new legislation seem to be problematic from the point of view of local autonomy,
it brings a positive development for the protection of national minorities in
that it lowers the numerical threshold required for the constitution of a
village. It thus strengthens the possibilities for persons belonging to
national minorities to take part in local public affairs.
b) Outstanding issues
139. According to some representatives of
national minorities, when the second State Report on implementation of the
Framework Convention was in preparation, dialogue with the Coordinating Council
for National
Recommendations
140. The authorities should maintain their
approach to the consultation of national minorities, giving greater attention
to direct dialogue with the organisations
representing them.
Effective
participation by national minorities in public affairs
Findings
of the first cycle
141. In its first Opinion, the Advisory
Committee encouraged the Government, in consultation with those concerned, to
identify ways of increasing participation in public affairs by persons
belonging to national minorities, particularly numerically smaller minorities,
including the Roma.
Present
situation
a) Positive developments
142. Persons belonging to national minorities
continue to be present in Moldovan public life. The situation seems to be
generally satisfactory at local level with respect to participation in elected
bodies, especially in areas inhabited by substantial numbers of persons
belonging to national minorities and particularly in Gagauzia by virtue of the
special autonomous status of this territorial entity. At national level,
members of Parliament include a significant number of persons belonging to
national minorities[18].
In this connection, the Advisory Committee also refers to the comments made under
Article 7 above.
b) Outstanding issues
143. Further measures are nonetheless needed to
foster a more significant presence by these persons, including those belonging
to numerically smaller minorities, in state administrative structures. At
present, the national minorities consider themselves underrepresented in key
structures such as the Ministry of Justice and the Ministry of Defence.
144. Roma participation in public affairs
remains very limited. At local level, they are only rarely consulted about
affairs concerning them and their needs are insufficiently taken into account
in decision-making. They are absent from elected bodies, including where they
account for a significant proportion of the local population, and their
participation in state administration structures is equally limited. However, the presence of some Roma in the
police forces of
145. The Advisory Committee welcomes the
significant development of NGOs within
the Roma community and the recent formation of a group intended to speak
to the authorities in the community’s name with a single voice – the
above-mentioned Roma Negotiating Group (see comments under Article 4 above).
The Advisory Committee hopes that constructive and lasting co-operation with
the authorities will be developed using this format, as well as in other ways.
In this connection, it notes that the human and logistic resources available to
the Roma minority to ensure its effective participation are limited.
Recommendations
146. The authorities should identify, in
consultation with representatives of the national minorities concerned, further
ways of increasing and making more effective the latter’s participation in
public affairs. Particular attention should be paid to strengthening the
presence of such persons in the various state administration structures.
147. The central and local authorities concerned
should adequately involve representatives of the Roma in decision-making
processes on issues concerning them. They should also provide increased
financial and technical support to Roma, in order to enable them to make their
views and suggestions heard.
ARTICLE 18 OF THE FRAMEWORK CONVENTION
Findings
of the first cycle
148. In its first Opinion, the Advisory
Committee welcomed the fact that
Present
situation
Positive developments
149.
Recommendations
150.
151. The Advisory Committee considers that these
concluding remarks could serve as the basis for the conclusions and
recommendations to be adopted by the Committee of Ministers in respect of
152. Since
the adoption of the first Opinion of the Advisory Committee in March 2002 and
of the Resolution of the Committee of Ministers in January 2003, Moldova has
continued to pay due attention to the protection of national minorities.
153. Building
on the Law on National
154. At
the time of the adoption of the Advisory Committee’s first Opinion, various
tensions were undermining the climate of intercultural understanding within
Moldovan society. This climate has since improved and there is now a higher
level of tolerance and mutual understanding.
155. The
population census of October 2004 represents a positive development, and should
make it easier to monitor the situation of persons belonging to national minorities,
and to promote more effective policies in this area.
156. The
question of Transnistria remains a serious concern, especially since this
conflict affects a great many developments, political and others, of importance
to the whole population of
157. Aside
from the Transnistria question, efforts have been made in most of the relevant
sectors in
158. The
action taken to support preservation and promotion of the cultures, languages
and traditions of national minorities still falls short of expectations of representatives
of national minorities.
159. National
minority cultures and traditions are still insufficiently reflected in schools.
Additionally, media coverage of diversity and ethnic relations remains
generally unsatisfactory. Moreover, the actions taken to ensure a more balanced
use of the various minority languages in schools, in the media and in relations
with administrative authorities has not produced the intended results, although
there have been some positive developments. Ukrainian in particular, but other
minority languages as well, are not used as much as needed in these areas.
160. Concerning
tolerance and intercultural dialogue, shortcomings subsist, in particular as
regards attitudes reported within Moldovan society, including the police and
the media, to the Roma and non-traditional religious communities.
161. Shortcomings
persist as regards participation of persons belonging to national minorities in
public affairs. In particular, these persons are not sufficiently represented
in the public service.
162. The
situation of many Roma remains a cause of concern in terms of equality and
freedom from discrimination, and of effective participation in the
socio-economic life of the Moldovan society, education and decision-making.
163. In
addition to the measures to be taken to implement the detailed recommendations
contained in sections I and II of the Opinion of the Advisory Committee, the
authorities are invited to take the following measures to improve further the
implementation of the Framework Convention:
- to
examine the shortcomings which still exist in implementation of the Law on
National
- to
respond more adequately to the cultural needs of persons belonging to national
minorities;
- to
continue their efforts to combat discrimination and promote tolerance and
intercultural dialogue, through more effective monitoring and law enforcement
in these areas; in addition, further awareness-raising measures, inter alia
addressed to the police and the media should be taken;
- to
continue their efforts to secure a more balanced use of minority languages,
including in relation to Ukrainians and others, in fields such as education,
media and relations with the administrative authorities;
- to
pay more attention to the quality of the education provided for persons
belonging to national minorities, including teaching of the State language for
them;
- to
ensure that suitable school textbooks are available and take additional
measures regarding teacher training to expand teaching of – and in – the various minority languages;
- to
take further action to reinforce the intercultural and multicultural dimension
of education;
- to
redouble their legislative and practical efforts to increase and make more
effective participation by persons belonging to national minorities in public
affairs, including the numerically smaller national minorities, and giving a
special attention to the Roma;
- to
give increased political attention to find concrete solutions to problems faced
by the Roma, in particular in the socio-economic and educational areas, and to
adopt more resolute practical measures in this respect, at central and local
level.
[1] Bulgarian, Gagauz, Romany, Russian, Ukrainian.
[2] As foreign teaching establishments.
[3] Act No. 382 of
[4] Some of these measures concern
[5] This applies, in particular, to a Bill on Freedom of Conscience and
Religious Associations, a Bill on Education, new legislation on political
parties and socio-political organisations, and projected amendments to the Law
on the Press and the Law On the Public Broadcasting Company, “Teleradio
[6] Law No. 232-XV of
[7] European Commission against Racism and Intolerance (ECRI) Second
Report on
[8] For example, non-governmental sources cite Roma being targeted with
respect to the checking of papers when they are carrying out one of the few
activities that can bring them an income, namely retail trade.
[9] The Law on Political Parties and Socio-political Organisations (
[10] See Article 31 of the Moldovan Constitution and Organic Law No.
1220 – XV of 12 July 2002 amending and supplementing Law No. 979 – XII of
[11] See Case Spiritual Organisation of the Muslims of Moldova
v. Moldova, No. 12282/02.
[12] See relevant case law of the European Court of Human Rights on
freedom of religion, including Metropolitan Church of Bessarabia and Others v.
[13] The subject is devoted to the teaching of history, culture and
traditions of the particular minority – Bulgarian, Gagauzian, Russian,
Ukrainian.
[14] Ukrainian is taught as a subject in 52 schools, Gagauzian in 52
schools, Bulgarian in 34 schools, Polish in one school, Hebrew in two schools
and German in one school. Russian is compulsory in secondary schools.
[15] According to the latest Ministry of Education figures (October
2004), of the 560,000 pupils enrolled in Moldovan schools, 445,000 attend 1129
schools where the language of instruction is the State language, 200 schools
teach in Russian, three in Ukrainian and four in Bulgarian. There are also 100
bilingual schools (Moldovan/Russian).
[16] Information taken from the Department of Interethnic Relations
Annual Report, 2003.
[17] Law on the Administrative-Territorial Organisation of the
[18] According to the official data provided by the Parliamentary
Secretariat, out of 101 members of Moldovan Parliament, 44 belong, according to
their own self-identification, to an ethnic group other than the Moldovans.