(Adopted by the
Committee of Ministers on 5 May 2010 at the 1084th meeting of the Ministers'
Deputies of the European Council)
The Committee of Ministers, under the
terms of Articles 24 to 26 of the Framework Convention for the
Protection of National Minorities
(hereinafter referred to as “the Framework Convention”);
Having regard to Resolution (97) 10 of
17 September 1997 setting out rules adopted by the Committee of
Ministers on the monitoring
arrangements under Articles 24 to 26 of the Framework Convention;
Having regard to the voting rule
adopted in the context of adopting Resolution (97) 10;1
Having regard to the instrument of
ratification submitted by Moldova on 20 November 1996;
Recalling that the Government of
Moldova transmitted its state report in respect of the third monitoring cycle under
the Framework Convention on 24 February 2009;
Having examined the Advisory Committee’s
third opinion on Moldova, adopted on 26 June 2009, as well as the written
comments of the Government of Moldova, received on 11 December 2009;
Having also taken note of comments by
other governments,
1. Adopts the following conclusions in
respect of Moldova:
a) Positive developments
Moldova has pursued a proactive
approach towards the monitoring process and has taken useful steps to disseminate
the results of the two first cycles of monitoring, notably by translating them
into various national minority languages. The authorities have also maintained
an inclusive approach in practice in the communication with representatives of
the national minorities.
In the field of protection against
discrimination, some positive steps have been taken in order to improve the legislative
framework to combat discrimination. It is expected notably that a comprehensive
anti-discrimination law will be adopted as a matter of priority. Additionally,
the important work of the
Parliamentary Advocates in the field
of prevention and monitoring of discrimination has been pursued.
The authorities have continued to
provide support to activities to preserve and develop the cultural heritage of
national minorities. Public TV and radio have continued to broadcast programmes
in minority languages, even though the amount and quality are reportedly
insufficient and broadcasting times, as far as television is concerned, are not
adequate.
Muslim believers have been allocated a
specific spot for burials in Chisinau’s cemetery.
Possibilities to be taught minority
languages have expanded. Particular efforts have been made to develop the
supply of textbooks for minority language teaching. Efforts have also been made
to expand the model of “experimental schools” providing education in minority
languages. New classes aiming at fostering tolerance and mutual respect in
society have been introduced in the school curriculum. Some municipalities have
developed measures to increase the enrolment rates of Roma children in schools
and improve their participation in education in general.
The authorities have developed a range
of agreements aiming at developing cross border co-operation in the field of
minority protection, including at regional level.
b) Issues of concern
The results of the population census
of 2004 are not entirely reliable as far as ethnic origin and language are concerned.
Moreover, information on the socio-economic and educational situation of
persons belonging to national minorities remains limited. The systematic
collection of data on discrimination-related cases is also lacking.
Although Moldovan society continues to
be characterised by peaceful relations between persons belonging to different
groups, it is worrying that linguistic divisions are sometimes used to stir up
cleavages in society confronted with intolerance, at times fuelled by the
media, and instances of racially-motivated insults and acts. Police harassment
and brutality against persons belonging to these groups are also often
reported.
Support allocated to the Bureau for
Interethnic Relations, and other institutions dealing with minority issues, has
decreased in recent years. As far as the system of allocation of support for
the preservation and development of the cultural heritage of national
minorities is concerned, the representatives of the latter regret that it lacks
transparency and participation of minority organisations and representatives.
Numerically smaller minorities would like to receive greater support to
preserve their culture and languages.
Muslim organisations have not
succeeded in having Islam recognised as a religion in Moldova, including following
the entry into force of the new Law on religious denominations in 2008. This
prevents them from effectively exercising their right to manifest their
religion and establish religious institutions, organizations and associations.
The provision of adequate teaching of
the state language to persons belonging to national minorities continues to be
insufficient, despite the various programmes implemented by different actors in
recent years.
This can result in reduced
opportunities to effectively participate in public affairs and in
socio-economic life. Besides, further developments of the system of teaching of
and in minority languages are hampered by a general lack of means, notably of
textbooks and adequate teacher training.
Despite the adoption of successive
specific action plans to improve the situation of the Roma and some action
taken locally, many of the Roma continue to live in isolated settlements in
substandard housing and extreme poverty conditions, and have low rates of
participation in the education system. Their participation in public affairs
also remains limited. Moreover, they often face discrimination, and sometimes
hostile societal attitudes. Implementation of the 2007-2010 Action Plan could
have benefitted from the allocation of greater resources.
The participation of persons belonging
to national minorities in the state administration is more limited than in elected
bodies. The employment of Roma and of persons belonging to numerically smaller
minorities in state administration and civil service is particularly low.
Minority representatives regret that
the decision-making authorities do not make full use of the potential of the
Co-ordinating Council of Ethno-cultural Organisations as an advisory body on
minority-related issues.
The functioning of the autonomy regime
in Gagauzia is marred by a number of inconsistencies with regard to the
division of competences between the central government and the authorities of
Gagauzia.
2. Adopts the following
recommendations in respect of Moldova:
In addition to the measures to be
taken to implement the detailed recommendations contained in sections I and II
of the Advisory Committee's Opinion, the authorities are invited to take the
following measures to improve further the implementation of the Framework
Convention:
Issues for immediate
action2
- Adopt as a matter of priority
comprehensive anti-discrimination legislation; carry out, on a regular basis,
monitoring of discrimination, as well as of racially-motivated or anti-Semitic
acts.
- Take more resolute measures to
combat all forms of intolerance, including in the media and in political life,
and promote mutual respect and understanding. Effectively investigate and
sanction all forms of
misbehaviour by the police.
- Take more resolute measures to
ensure that the implementation of the action plan for Roma results in
substantial and lasting improvement in the situation of the Roma in all areas,
including by allocating adequate resources to its implementation; take steps to
promote a better representation of the Roma at all levels.
Further
recommendations1
- Ensure that the next population
census is carried out fully in accordance with international recommendations as
far as the collection of data on ethnic origin and language are concerned.
- Provide adequate support to the
Bureau for Interethnic Relations so that it can effectively play its role as
main actor of the government’s policy in the field of national minorities and
interethnic relations.
- Ensure that the allocation of
support for the activities of national minority organisations is made in a transparent
and participative manner; pay due attention to the needs of all the national minorities
in the field of preservation and development of their culture and language.
- Ensure that Muslim believers, and
persons belonging to other religions, can effectively enjoy the right to
manifest their religion or belief and establish religious institutions,
organisations and associations.
- Pursue the efforts to develop a
system of multilingual education, including education in minority languages.
Make every effort to improve substantially the availability and quality of
teaching of the state language.
- Take further, more resolute measures
to increase the participation of persons belonging to national minorities,
including of numerically smaller minorities, in the state administration and in
public services.
- Ensure that the Co-ordinating
Council of Ethno-cultural Organisations can effectively play its role as a
consultation mechanism and enable persons belonging to national minorities
effectively to take part in decision making.
- Pursue the dialogue with a view to
providing a clearer determination of the competences of the
Gagauz authorities and allowing for a
more effective functioning of the Autonomous Territorial Unit of Gagauzia.
3. Invites the Government of Moldova,
in accordance with Resolution (97) 10:
a. to continue the
dialogue in progress with the Advisory Committee;
b. to keep the Advisory
Committee regularly informed of the measures it has taken in response to the
conclusions and recommendations set out in sections 1 and 2 above.
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