UPR Moldova submission by CReDO and CNR[EN]
UPR Moldova submission by CReDO and CNR[RO]
UPR Moldova submission by CReDO and CNR[RU]
Universal Periodic Review - Republic of Moldova, 26th session
http://www.upr-info.org/en/review/Moldova-%28Republic-of%29, uprsubmissions@ohchr.org
Resource Center for Human Rights (CReDO)[1] and
Roma National Center (CNR)[2]
[1] CReDO (www.CReDO.md) promotes human rights and functioning of democratic institutions. CReDO provides public and decision-makers with evidence for the best policy choice and advocates its effective accomplishment in the area of human rights, justice and democratization.
[2] CNR (www.ROMA.md) promotes Roma rights and implementation of positive actions aimed at supporting the Roma community, their participation in political and public life, right to employment, right to education, right to health, discrimination and anti-gypsyism.
1. Activists, Whistleblowers, Freedom of Expression, Assembly.
1.1 Whistleblowers and retaliation from government, parties and group of interests
Some participants in peaceful demonstrations expressing disturbing opinions toward some actions of the government or political decisions, public exposure, social networks and Internet, critical opinions are discouraged by unjustified coercive measures from representatives of the prosecuting authorities and judicial institutions. A range of examples were given.[1]
1.2 Withdrawals of media broadcasting licenses.
CCA decision of 10.05.2012 of the withdrawal of the channel NIT broadcasting licence, although apparently legal form contrary to the principles of freedom of speech in that it is not necessary in a democratic society and is proportional to protect legitimate interests.[2]
1.3 Undemocratic and inappropriate inactments of press regulation.
The activity of the independent press on an already overconcentrated and problematic sector: the law on the limitation of the broadcasting licences and the Law on the Post and distribution of the periodics.
Modification of the regional audio-visual regulation in UTA Gagauzia which is denounced as a limitation of liberty of expression by the local and national civic organisations.
2. Decision-making Transparency, Institutional Independency.
2.1 Decision-making Transparency.
Failures to respect the decision-making transparency by the responsible instituions are proved at all stages.
2.2 Institutional Independency and Accountability of Law-enforcements.
The research goes for: Prosecutor’s Office, National AntiCorruption Center (CNA), General Police Inspectorate (GPI-Police). Research effort has covered 3 more institutions, including Intelligence Service, Ombudsman Institute, National Integrity Commission and Border Police. Why these institutions have not enjoyed the credibility and trust on one side and effectiveness on the other side? The effectiveness is understood as the change produced in the society – the combating of the corruption, criminality, keeping better public order, reducing criminal behavior, etc. In this research we limited to only 2 aspects of the effectiveness of the 4 recognized namely are: 1) institutional independence, and 2) institutional accountability.[3]
2.3 Justice in Transnistria region.
The study provided a wide range of recommendations on the improving the level of the independence of the justice system on the left bank of the river Dniestr.[4]
3. Rights of National Minorities.
3.1 Roma minority rights
The presentation is axed on the Pro-active measures to address Roma inclusion, on the lack of representation of Roma in decision-making processes and public life, on the education of Romani children as an unresolved problem, pointed out the increasing phenomenon of anti-Gypsyism, discrimination and xenophobia and provided a range of recommendations.
3.2 Education in mother tongue
Based on the collected evidence and available info rmation, the paper constructs several realistic policy options. The policy options are constructed along several independen t axes: a) negligent to strong role of the minority language as the medium of instruction (additive against subtractive bilingualism), b) negligent to strong role of the state language as the medium of instruction (additive against subtractive bilingualism) c) top-down against bottom-up approach in the implementation.
3.3 Moldovan schools in Transnistria.
Moldovan schools population decreased substantially from 12 thous in 1993 to 5 thous in 2013, whereas general population remained more or less stable in percentage expression (around 30%). To compare Ukrainian school population, the situation is even worse (28% of population and less than 2% of school population). According to the regional authorities, although in 1999 the Moldovan nationality students were 32.6% of all Transnistrian students, only 13% went to the Moldovan schools. In 2004, in special professional education and in higher educational institutions only 6% of students are enrolled in Moldovan language (Cyrillic).[5]
[1] 2 Cases A. Matasaru: https://www.opendemocracy.net/od-russia/claudia-ciobanu/meet-anatol-matasaru-moldova-s-pussy-riot
http://unimedia.info/stiri/video-anatol-matasaru-a-fost-condamnat-la-doi-ani-de-inchisoare-89663.html
http://www.moldova.org/tot-ce-trebuie-sa-stii-despre-retinerea-lui-anatol-matasaru/
http://politik.md/articles/social/cazul-matasaru-are-ecou-societatea-civila-cere-incetarea-retinerilor-abuzive-doc/35924/ http://www.rferl.org/media/video/toilet-protest-by-moldovan-activist/27528222.html
Voloc Case: http://tribuna.md/ru/2016/01/27/exclusiv-actorul-sergiu-voloc-a-fost-achitat/
http://www.realitatea.md/actorul-sergiu-voloc-a-fost-achitat-de-curtea-suprema-de-justi-ie_33570.html
[2]http://www.credo.md/pageview?id=490?&lang=en?&lang=ru?&lang=ro?&lang=en
[3] CReDO: How lack of institutional independence and absence of the institutional accountability faults law-enforcement institutions of Moldova: Prosecutor Office, Police Agency and National Anticorruption Center http://www.credo.md/pageview?id=483, http://www.credo.md/site-doc/IndepAccountResearch_prefinal_20.01.2015(1).pdf, CReDO: Assessing the level of independence of public institutions and authorities responsible for policy implementation in the justice field in the Republic of Moldova, http://www.credo.md/pageview?id=226, http://www.credo.md/site-doc/ExecutSummaryInstIndep10(1).pdf
[4] CReDO: Analysis of Justice system functioning in Transnistria region of Moldova, http://www.credo.md/pageview?id=506, http://www.credo.md/site-doc/JudIndependTransnistria_RU_v_170(7).pdf
[5] CReDO: Moldovans/Romanians and “Moldovan” language schools in Cyrillic alphabet in the Eastern part of the Republic of Moldova (Transnistria) http://www.credo.md/pageview?id=398, http://www.credo.md/site-doc/TransnistriaBrief_En(1).pdf This findings do not reflect the situation with the Romanian latin script shools.
Mass Media
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