2005 USG Reports
Moldova
Moldova
is a parliamentary republic, with a population of approximately 4
million, of whom an estimated 580 thousand live in the
secessionist-controlled region of Transnistria. The constitution
provides for a multiparty representative government with power divided
among a president, cabinet, parliament, and judiciary. Separatist
elements, supported by Russian military forces in the area, declared a
"Transdniester Moldovan Republic" in Transnistria between the Dniester
River and Ukraine. The government does not control this region. Unless
otherwise stated, all references herein are to the rest of the country.
Parliamentary elections on March 6 were generally free and fair;
however, authorities in the Transnistria region interfered with the
ability of residents there to vote. On April 4, the parliament
reelected Communist Party leader Vladimir Voronin as president.
Civilian authorities generally maintained effective control of the
security forces.
The government generally respected the human rights of its
citizens; however, there were problems in some areas, and the human
rights record of the Transnistrian authorities remained poor. There
were reports of the following human rights problems:
- selective official harassment and intimidation of the political opposition
- security force beatings, particularly of persons in police custody and Roma
- incommunicado detention for extended periods
- harsh prison conditions
- arbitrary arrest and detention of Roma
- judicial and police corruption
- monitoring by security forces of political figures through unauthorized wiretaps and, at times, illegal searches
- intimidation of journalists into practicing self-censorship
- restrictions on freedom of assembly
- obstacles to official registration by a few religious groups
- persistent societal violence and discrimination against women and children
- trafficking in women and girls
- discrimination against Roma
- some limits on workers' rights
- child labor
In Transnistria: the right of citizens to change their government was severely restricted; authorities reportedly continued to use torture and arbitrary arrest and detention; prison conditions remained harsh, and two members of the so-called Ilascu Group remained in prison despite a July 2004 ruling in their favor by the European Court for Human Rights. Transnistrian authorities harassed independent media and opposition lawmakers, restricted freedom of association and of religion, and discriminated against Romanian-speakers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents
committed arbitrary or unlawful killings in the country or its
separatist region.
b. Disappearance
There were no reports of politically motivated disappearances
during the year. The police investigation into the July 2004
disappearance of Sergei Gavrilov, who was imprisoned in Transnistria
during the early 1990s and allegedly witnessed the mistreatment of
members of the "Ilascu Group," continued at year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices; however, there were reports
that police employed cruel and degrading arrest and interrogation
methods and that guards beat prison inmates. On June 30, parliament
approved a law criminalizing torture.
Nongovernmental organizations (NGOs) reported several cases of
cruel, inhuman, or degrading treatment of prisoners and detainees. For
example, the local Amnesty International (AI) office reported that
armed police beat several Roma in a mid-July raid on a Romani community
in Edineti in connection with a murder investigation. Police in
Chisinau detained three persons incommunicado for several weeks (see
section 1.d.).
According to the Helsinki Committee, the Ministry of Internal
Affairs took administrative action against the officers involved in the
September 2004 beating and interrogation of Petru Calamanov.
Prison and Detention Center Conditions
Conditions in most prisons in the country (including
Transnistria) remained harsh, and in some instances were life-
threatening, with serious overcrowding. Cell sizes did not meet local
legal requirements or international standards. The incidence of
malnutrition and disease, particularly tuberculosis, was high in all
prisons. Conditions were particularly harsh in facilities for persons
awaiting trial or sentencing. AI reported that one detainee, Oleg
Talmazan, suffered a heart attack in March 2004 but was not
hospitalized for almost two weeks even though emergency ambulance
personnel recommended immediate hospitalization. Other detainees
reported being denied food and water and being held in underground
facilities without medical care, fresh air or ventilation, or
appropriate sanitation.
On June 27, several hundred inmates protested their detention
conditions and treatment at a prison in Tiraspol (in Transnistria). The
prisoners went on hunger strike and inflicted cuts and other injuries
on themselves. The protests ended after several days, and a
representative of the Organization for Security and Cooperation in
Europe (OSCE) was allowed to visit the prison.
In August 2004 the Supreme Court of Justice ordered the Bender
prosecutor's office to take action to resolve the situation of 250
prisoners with tuberculosis who were held at Bender prison under
inadequate conditions, but the prosecutor's office had taken no action
by year's end.
Pretrial detainees generally were held separately from convicted
prisoners, although there were reports of convicted prisoners remaining
in detention facilities due to prison overcrowding. Children convicted
of crimes were sent to adult prisons, where they were held in separate
cells. A survey by the NGO Institute for Penal Reform (IPR) revealed
cases of minors detained for the first time in pretrial detention
together with minors who had a past history of detention and were
suspected of grave offenses. IPR reported a case of a female minor
being detained together with adults.
Government and independent human rights observers were generally
permitted to visit prisons. The Moldovan Center for Human Rights
regularly made prison visits during the year. The government cooperated
with the International Committee of the Red Cross (ICRC) and permitted
visits to prisoners. Transnistrian authorities allow the ICRC to visit
the Ilascu Group prisoners once a year.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention; however, at
times, police arbitrarily arrested and detained Roma (see section 5).
Role of the Police and Security Apparatus
The national police force is the country's primary law
enforcement body. The police force is subdivided into regional and city
police commissariats, which are subordinated to the Ministry of
Internal Affairs. Police corruption remained a problem. During the
year, authorities brought 190 criminal cases against employees of the
Ministry of Internal Affairs for bribery, robbery, and abuse of office,
compared with 199 such cases in 2004. The Prosecutor General's Office
is responsible for investigating the activities of the police. An
internal affairs unit, reporting to the Ministry of Internal Affairs,
investigated minor incidents of corruption.
Arrest and Detention
Judges issue arrest warrants based on cases presented by
prosecutors. Under the law, authorities must promptly inform detainees
of the reason for their arrest and the charges against them. Suspects
may be detained without charge for 72 hours. The law provides accused
persons the right to a court hearing on the legality of their arrest.
These rights were not always respected in practice.
Once charged, a detainee may be released on personal
recognizance pending trial; in some cases, to arrange release, friends
or relatives were allowed to give a written pledge that the accused
would appear for trial. The law provides for a system of bail, but it
was rarely used. Authorities generally did not release before trial
detainees accused of violent or serious crimes.
Detainees had the right to a defense attorney; however, at times
this right was restricted. Authorities generally did not grant
detainees access to a lawyer until 24 hours after detention. Police
often told persons that they were considered witnesses in a case and
questioned them without a lawyer present, then changed their status to
that of suspect. Detainees were often presented with the charges
against them without a lawyer present. The government requires the
local bar association to provide an attorney to defendants who are
unable to afford one, but the government did not pay legal fees, and
defendants often did not have adequate counsel. Detainees were
generally allowed access to family members.
Local and international NGOs reported arbitrary detention and
arrests of Roma without cause or warrants, often without granting them
access to a lawyer (see section 5). According to AI, on July 18, the
police detained more than 30 Romani men and boys, some as young as age
12, during a raid in the town of Edineti. Most were held for two days
before a local court ordered their release; most were released without
charge. Mikhail Kaldarar, who was detained on July 18, was subsequently
transferred to a holding facility in Chisinau. Although the court
ordered his release on July 25, authorities held Kaldarar until
September 8, without allowing him access to his family or lawyer. In
connection with the same investigation, Vasilii and Ana Kodrian were
taken into custody on August 18 on the grounds that their son, who was
not apprehended, was a suspect in a murder investigation. They were
held incommunicado for several weeks until their releases on September
12 and 7, respectively.
There were occasional detentions that some observers regarded as
politically motivated. On October 19, local authorities briefly
detained Mikhail Formuzal, mayor of Ciadir-Lunga in the Gagauz
autonomous region and a leading opposition figure in Gagauzia on
charges of abuse of office and misuse of funds. Formuzal was forbidden
to leave the city while the investigation continued.
In March police arrested former defense minister Valeriu Pasat
on accusations of defrauding the government of several million dollars.
Many observers considered his arrest and detention politically
motivated. A trial was completed in December, and Pasat remained in
custody while a verdict was pending at year's end.
The trial of Chisinau water utility head Constantin Becciev,
which began in 2003, remained pending at year's end. Becciev, who was
held in preventive detention for six months in 2003, continued to run
the utility after his release.On October 4, in a separate case lodged
by Becciev, the European Court for Human Rights (ECHR) concluded that
the country had held Becciev in inhuman and degrading conditions and
had not provided a fair trial; the court obliged the country to pay
Becciev for moral damages and lawsuit-related expenses.
The laws permit pretrial detention for an initial period of 30
days. The courts may extend pretrial detention to 12 months on an
individual basis, based on the severity of the alleged crime.
Detentions of several months were fairly frequent; in rare instances,
pretrial detention was extended for several years. At year's end there
were 8,876 persons in prison: 259 were minors, 417 were women, and
2,472 were pretrial detainees.
In May Gagauz authorities granted amnesty to Ivan Burgudji, an
official of the Gagauz autonomous region and well-known Gagauz
nationalist. In 2003 the Chisinau tribunal court sentenced Burgudji to
five years in prison for abuse of power and malicious hooliganism in
connection with his opposition political activities.
Transnistrian authorities regularly harassed and often detained
persons suspected of being critical of the regime for periods of up to
several months.
On November 22, Transnistrian authorities detained for several
hours and reportedly abused two brothers, aged 12 and 15, who were the
sons of a teacher at one of the Latin script schools in Transnistria.
The Transnistria militia reportedly explained they had detained the
boys to clean the city of homeless people before the December
legislative elections.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but official
pressure and corruption of judges remained a problem. There continued
to be credible reports that local prosecutors and judges extorted
bribes in return for reducing charges or sentences, and observers
charged that courts were sometimes politically influenced. Political
factors played a large role in the reappointment of judges.
The judiciary consists of lower courts, courts of appeal, and
the Supreme Court of Justice. A separate Constitutional Court has
exclusive authority in cases regarding the constitutionality of draft
and final legislation, decrees, and other government acts. The
Constitutional Court was the only court generally regarded as fair and
objective.
The prosecutor general's office is autonomous and answers to
parliament. It is responsible for overseeing criminal investigations,
presenting charges before a court, and protecting the rule of law and
civil freedoms. Prosecutors may open and close investigations without
bringing the matter before a court, giving them considerable influence
over the judicial process.
Trial Procedures
While defendants in criminal cases are presumed innocent, in
practice a prosecutor's recommendation carried considerable weight and
limited a defendant's actual presumption of innocence. Trials were
generally open to the public; however, due to a shortage of courtrooms
many cases were heard in judges' offices. Court session information,
such as trial times, locations and verdicts, was rarely posted publicly
as required by law, which limited public access to court proceedings.
Cases were presented to a judge or panel of judges depending on the
complexity of the case. Defendants have the right to a lawyer, to
attend proceedings, to confront witnesses, and to present evidence. The
law requires the local bar association to provide an attorney to
defendants who are unable to afford one; however, since the government
did not pay ongoing legal fees, defendants often did not have adequate
counsel. Prosecutors occasionally used bureaucratic maneuvers to
restrict lawyers' access to clients. Defense attorneys were able to
review evidence against their clients when preparing cases. Convicted
persons have the right to appeal to a higher court.
The law provides for the accused to have an interpreter if
needed, both at the trial and when reviewing documents of the case;
however, due to a lack of resources, persons requiring an interpreter
often had their hearings repeatedly postponed. If the majority of
participants agree, trials may be conducted in Russian or another
language instead of Romanian.
There is no juvenile justice system, and children accused of
crimes usually were tried by the criminal courts. There were judges in
each region and in Chisinau specializing in cases involving minors.
The country has a military justice system, whose courts have
generally the same reputation as civilian courts. Its jurisdiction
extends to crimes committed by active duty military personnel and
crimes committed by reserve or retired military personnel while they
were on active duty. The military courts can also try civilians for
crimes committed against military personnel if the plaintiff presses
charges through the military prosecutor's office.
Political Prisoners
Transnistrian authorities continued to refuse compliance with a
July 2004 ECHR ruling to release two members of the Ilascu Group
convicted in 1993 of killing two Transnistrian officials; their
sentence has two years remaining. There were no other reports of
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions; however, the government did not respect these prohibitions in practice.
It was widely believed that the security agencies conducted
illegal searches, including wiretaps. Only a judge can legally
authorize wiretaps and may do so only if a criminal investigation is
underway; in practice, the judiciary lacked the ability to control
security organizations and police or to prevent them from using
wiretaps illegally. Courts did not exclude evidence obtained illegally.
It was widely believed that security agencies electronically monitored
residences and telephones. During the February parliamentary election
campaign, police searched a Chisinau office of the opposition Social
Democratic Party, confiscating a list of party supporters and files of
several party members. Police searched the Cahul offices of the
opposition Christian Democratic People's Party and the Democratic
Moldova Bloc; authorities asked both parties to present data on sources
of financing for their election campaigns.
During the year, police reportedly informed persons of Middle
Eastern origin that they were being carefully monitored. Several
opposition politicians alleged that government authorities were
illegally monitoring them.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press;
however, the government sometimes restricted these rights; however, the
government on occasion intimidated journalists into practicing
self-censorship.
The print media expressed a wide variety of political views and
commentary. The government owned a news agency; national and city
governments subsidized a number of newspapers. Political parties and
professional organizations also published newspapers, most of which had
a circulation of less than 15 thousand. The government did not restrict
foreign publications, but most were not widely circulated due to high
costs. Russian newspapers were available; some of them published
special Moldovan weekly supplements.
Most radio stations rebroadcast programs from Romania and
Russia, offering only a limited amount of locally produced programming.
The government controlled a radio station and a television station
(Teleradio Moldova - TRM) that covered most of the country. Some local
governments, including in Chisinau and Gagauzia, operated television
and radio stations as well as newspapers. The country received
television and radio broadcasts from Romania, Ukraine, and Russia. A
number of cable subscribers received a variety of foreign television
programs, including news programs.
The number of media outlets not owned and operated by the
government or a political party increased, but many of these
independent media remained in the service of, and secured large
subsidies from, the government and political movements.
In June authorities sold the two government-owned newspapers, Moldova Suverana and Nezavisimaya Moldova.
The sale fulfilled one of the conditions put forward by the
parliamentary opposition in return for supporting President Voronin's
re-election in April. The two newspapers continued as independent
publications but retained their pro-government stance.
The restrictive regulatory framework for media coverage of the
March 6 parliamentary election campaign made it difficult for citizens
to get information about the candidates. On February 23, responding to
international and domestic concerns, the Central Election Commission
(CEC) revised the regulations, dramatically increased the airtime for
debates on public stations, and allowed news programs to cover the
campaign. The CEC decision came less than two weeks before the
election, which lessened its efficacy.
Authorities released for lack of evidence a suspect in the June
2004 beating and robbery of investigative journalist Alina Anghel of
the independent newspaper Timpul, and the investigation remained ongoing at year's end.
There were no developments in the case of Nicolae Roibu, another Timpul journalist, whom unknown persons attacked and robbed of his dictaphone and tape recordings in 2003.
The law prohibits foreign governments from funding or supporting
domestic publications. In practice, Romanian government-supported
publications complied with the law by receiving funds from
"foundations" created for this purpose. The government did not
prosecute publications receiving funds from other states.
On October 18, the Audiovisual Coordinating Council suspended
the license of Analytic Media Group to rebroadcast the Russian news
channel, Channel One, on one of the three nationwide television
networks. Foreign observers expressed concern over the lack of
transparency of the decision-making process and the independence of the
Audiovisual Coordinating Council.
Despite the transformation of Teleradio Moldova into a public
company in August 2004, controversy continued over alleged government
control of the company. Teleradio Moldova employees charged that
selection of employees for the new company was biased against
journalists who were critical of the government. Several journalists
who had been dismissed sued Teleradio Moldova's administration. In one
such case, a court upheld the legality and competency of Teleradio
Moldova's hiring committee. Other lawsuits remained pending at year's
end.
Several international organizations sponsored a monitoring
project, which showed that Teleradio Moldova continued to limit
coverage of the opposition while giving extensive positive coverage to
the activities of the government.
Journalists and media outlets continued to face libel suits
under the civil code, but there were no reported cases of such suits
during the year. The weekly newspaper Timpul lost a 2004
lawsuit in which the Daac-Hermes Company alleged $2 million (24.8
million lei) damages from the publishing of "calumnious" information.
Also in 2004 the head of the government-owned Moldovan Railroad filed a
civil suit against the independent Russian-language newspaper Moldavskie Vedomosty, asking for $50 thousand (620 thousand lei) for "moral damages." On July 12, the court ordered Moldavskie Vedomosty to pay a penalty of $2 thousand (25 thousand lei). Moldavskie Vedomosty filed an appeal with the ECHR, which was pending at year's end.
Both print and broadcast journalists reportedly practiced
self-censorship due to government and public figures' use of civil
defamation and calumny laws and to complaints from authorities about
news coverage.
There were no government restrictions on the Internet or academic freedom.
One of the two major newspapers in Transnistria was controlled
by the separatist authorities and the other by the Tiraspol city
government. There was one independent weekly newspaper in Bender and
another in the northern Transnistrian city of Ribnitsa. Separatist
authorities harassed the independent newspapers when they criticized
the Transnistrian regime. Other print media in Transnistria did not
have a large circulation and appeared only on a weekly or monthly
basis; some of them also criticized local authorities. Most Moldovan
newspapers did not circulate widely in Transnistria, although they were
available in Tiraspol.
In July the Transnistrian Supreme Sovietamended the election
code to prohibit media controlled by the Transnistrian authorities from
publishing results of polls and forecasts related to elections.
In August, under an OSCE-negotiated formula, the Transnistrian
authorities registered all Latin-script schools in the region, allowing
them to start a new school year. In previous years Transnistrian
authorities used threats of violence to force schools (which teach in
the Romanian language) to use Cyrillic rather than Latin script (see
section 5).
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The law provides for freedom of assembly; however, at times the
government limited this right in practice. In several instances,
citizens were arrested during peaceful protests, detained for several
hours, and then released without charge. On May 16, Chisinau
authorities refused to issue a permit to the NGO Gender DocM for a
peaceful demonstration in conjunction with the country's fourth annual
gay pride events (see section 5).
The OSCE Office for Democratic Institutions and Human Rights'
(ODIHR) final report on the March 6 parliamentary elections noted
several cases where local administrations either did not authorize
campaign meetings or obstructed access to them.
The Transnistrian authorities usually did not permit free
assembly; on those occasions when they did issue permits for
demonstrations, they often harassed organizers and participants,
although there were no such incidents reported during the year.
Freedom of Association
The constitution provides for freedom of association and states
that citizens are free to form parties and other social and political
organizations; however, the constitution also prohibits organizations
that are "engaged in fighting against political pluralism," the
"principles of the rule of law," or "the sovereignty and independence
or territorial integrity" of the country. Small parties favoring
unification with Romania charged that this provision was intended to
impede their political activities, but no group has been prevented from
forming as a result of this provision. While private organizations,
including political parties, were required to register, applications
were approved routinely.
Transnistrian authorities restricted freedom of association by
intimidation and prosecution for alleged offenses or on invented
charges.
c. Freedom of Religion
The constitution provides for freedom of religion, and the
government generally respected this right in practice; however, the law
includes restrictions that inhibit the activities of some religious
groups. Although there is no state religion, the Moldovan Orthodox
Church received special treatment from the government. For example, the
Metropolitan of Chisinau and All Moldova and other high-ranking
Orthodox Church officials received diplomatic passports.
The law requires religious groups to register with the State
Service for Religions (SSR). Unregistered religious groups may not buy
land or obtain construction permits for churches or seminaries.
At year's end the SSR had not registered the True Orthodox
Church of Moldova, despite a 2002 Supreme Court ruling in the church's
favor. The SSR and the government attempted a variety of appeals but
still were ordered to register the church. According to the SSR, the
wording of the court decision, which obliges the government rather than
the SSR to register the church, has prevented the church's
registration. The Church of Jesus Christ of Latter-day Saints, the
Central Muslim Spiritual Board of Moldova, and the Spiritual
Organization of Muslims in Moldova also continued to encounter
bureaucratic obstacles to registration. The SSR stated that the
application of the Mormons was pending, while the SSR monitored the
activities of the church. In the case of the Muslim organizations, the
SSR stated that they failed to present the necessary documents for
registration.
The Spiritual Organization of Muslims reported fewer problems
with the police, who in the past frequently appeared at their local
office during Friday prayers, checked participants' documents, and took
pictures. In March the organization received a letter from the Ministry
of Justice, demanding that it stop the propagation of an unregistered
cult. In March 2004 the police raided the organization's meeting place
after Friday prayers, detained several members, and subsequently
deported three Syrian citizens for not having proof of legal residence.
The authorities claimed the services were illegal because the
organization was not registered and because the meeting place was not
being used in accordance with the organization's status as a charity.
Baptists reported interference from government authorities in
constructing places of worship. Authorities continued to ban work on
constructing a Baptist church in the village of Capriana, which they
had stopped in May 2004.
A July 2004 Transnistrian supreme courtruling limited the
activities of the Jehovah's Witnesses to the city of Tiraspol, but the
court rejected the Tiraspol public prosecutor's 2002 request to annul
the group's registration and prohibit its activities altogether. In
December 2004 the Tiraspol city prosecutor notified the Jehovah's
Witnesses that the church would need to reregister, but the Jehovah's
Witnesses were unable to obtain from the Transnistrian authorities the
required documents. The Transnistrian supreme court refused to hear an
appeal filed by the Jehovah's Witnesses early in the year.Transnistrian
authorities reportedly accused Jehovah's Witnesses of lacking
patriotism and spreading Western influence and developed school
teaching aids that contained negative and defamatory information
regarding the Jehovah's Witnesses.
Although the law prohibits "abusive proselytizing"--defined as
"an attempt to influence someone's religious faith through violence or
abuse of authority"--the government has not taken legal action against
individuals or organizations for proselytizing. Foreign missionaries
may enter the country for 90 days on a tourist visa.
Nondenominational "moral and spiritual" instruction is mandatory
for primary school students and optional for secondary and university
students. Some schools have a specific class on religion; student
participation requires parental consent.
The law that provides for restitution of property confiscated
during the Nazi and Soviet regimes to politically repressed or exiled
persons has been extended to religious communities; claims of the
Moldovan Orthodox Church have been favored over those of other
religious groups, and the church has recovered nearly all of its
property. In cases where property was destroyed, the government offered
alternative compensation. Property disputes between the Moldovan and
Bessarabian branches of the Orthodox Church have not been resolved;
representatives of the Bessarabian Orthodox Church claimed that their
property rights were still being violated and a case they filed with
the ECHR against the country was pending at year's end. The Jewish
community, which experienced mixed results in recovering its property,
had no pending claims.
Societal Abuses and Discrimination
Members of Jehovah's Witnesses complained that various local
town councils and Orthodox priests and their adherents had impeded
their ability to practice their religion freely. On April 28 several
residents of Comrat led by a city councilman entered a construction
site, where Jehovah's Witnesses were building a house of worship; the
group threatened and insulted workers and demanded they stop work. A
week later Comrat Mayor Nikolai Dudoglo temporarily suspended
construction and referred the matter to the city council, which, on May
20, decided to suspend indefinitely the previously issued construction
permit. The Jehovah's Witnesses reported similar problems in obtaining
and maintaining construction permits to build houses of worship in
villages throughout the country. Baptists also reported that
townspeople in several localities physically or verbally abused them at
the instigation of local Orthodox priests.
There were a few reports of negative press articles about
non-Orthodox religions. Articles targeted members of Jehovah's
Witnesses, criticizing their beliefs and legitimacy; Baptists in
Transnistria also complained of negative press reports about their
religion.
Non-Orthodox groups in Transnistria complained that they were
generally not allowed to rent property and were often harassed during
religious services.
The Jewish community numbered approximately 25 thousand. On May
3, six tombstones were destroyed in the Jewish cemetery in Chisinau.
Three young men, two from Chisinau and one from Tiraspol, were arrested
in connection with the vandalism; their motives were not clear, but
Jewish community leaders stated that they did not consider the
vandalism an act of anti-Semitism.
There has been no progress in the investigation into several
anti-Semitic acts, which took place in Tiraspol (Transnistria) in March
and May of 2004 when unknown persons desecrated more than 70 tombstones
in the Jewish cemetery and later unsuccessfully attempted to set the
Tiraspol synagogue on fire. Transnistrian authorities believed the
attacks were perpetrated by the same individuals.
There were no developments in the 2003 destruction by unknown persons of eight tombstones in a Jewish cemetery in Balti.
For a more detailed discussion, see the 2005 International Religious Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation
The law provides for these rights, and the government generally
respected them in practice. Transnistrian authorities sometimes
restricted travel to and from the separatist region.
Transnistrian authorities applied a transit fee to Moldovan
nationals crossing through Transnistria and often stopped and searched
incoming and outgoing vehicles. Transnistrian authorities prevented
farmers from government-controlled villages in the Dubassari region of
Transnistria from traveling to areas outside Transnistria to sell their
produce and, in some cases, blocked farmers' access to their fields.
The law prohibits forced exile, and the government did not employ it.
Citizens generally were able to depart from and return to the
country freely; however, there were some restrictions on emigration.
Persons wishing to emigrate must meet all outstanding financial
obligations to other persons or legal entities before emigrating. Close
relatives who are dependent on a potential emigrant for material
support must give their concurrence. Although the government may deny
permission to emigrate if the applicant had access to state secrets, no
such cases have been reported for several years.
Protection of Refugees
The law provides for the granting of asylum or refugee status to
persons in accordance with the 1951 UN Convention relating to the
Status of Refugees and its 1967 protocol, and the government has
established a system for providing protection to refugees. In practice
the government provided protection against refoulement, the
return of persons to a country where they feared persecution. The
government granted refugee status and asylum. The Government also
provided temporary protection to individuals who may not qualify as
refugees under the 1951 convention and its 1967 protocol and provided
it to seven persons during the year.Although the government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in assisting refugees and asylum seekers, AI
reported that Chechen asylum-seekers experienced delays in having their
applications adjudicated, and in some cases no decisions were taken. In
October several refugees complained about delays in receiving their
legal documents including identification cards and travel permits.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
The law provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice in
most of the country through periodic, generally free and fair elections
held on the basis of universal suffrage, although authorities harassed
and intimidated the political opposition. Authorities in Transnistria
restricted the right of citizens to change their government.
The constitution provides for a parliamentary form of
government. Parliament by a three-fifths vote elects the president, who
appoints the prime minister, who in turn names a cabinet. Parliament
must approve both the prime minister and the cabinet.
Elections and Political Participation
On March 6, citizens voted in multiparty parliamentary
elections. The ODIHR considered the balloting itself to be generally
free and fair, but the campaign conditions and media coverage preceding
the vote "were not satisfactorily equitable." The ODIHR concluded that
the elections generally complied with most OSCE and Council of Europe
commitments and other international election standards. Nevertheless,
the ODIHR commented, the elections fell short of meeting some standards
"central to a genuinely competitive election process. Some restrictive
legal provisions and interference by the authorities, in particular at
the local level, hampered the campaigns of some contestants, especially
those representing the opposition." Restrictive media provisions in the
electoral code hindered candidates from presenting themselves to the
public. Election observers noted other shortcomings such as inaccurate
and incomplete voter lists and group voting on election day. The law
requires a minimum of five thousand members for registration of
political parties, a threshold which the Council of Europe considered
to be "a serious barrier to the maintenance of political parties."
The authorities generally allowed international observers to
monitor the elections, registering a record number of international and
national observers for the elections. Several persons from Russia and
the CIS who claimed to be observers were refused registration and were
expelled from the country during the campaign for conducting "illegal
activities" in the country. The authorities accused them of campaigning
for and illegally funding one of the candidates.
The government selectively enforced regulations, including
inspections and tax auditing, for individuals and businesses that
belonged to or supported opposition parties. There were reports of
police and officers from the Center for Combating Economic Crime and
Corruption visiting printing houses that serviced opposition parties in
the election campaign and preventing transport companies from providing
buses to political parties to bring individuals to voter assemblies.
Two parties and one bloc won seats in the 101-seat parliament:
the Communist Party won 56 seats, the three-party Democratic Moldova
Bloc (BMD) gained 34 seats, and the Christian Democratic People's Party
won 11 seats. On April 4, the new parliament reelected Communist Party
leader Vladimir Voronin president.
There were 21 women in the 101-seat parliament and 2 women in
the 19-member cabinet. First Deputy Prime Minister Zinaida Greceanii,
Justice Minister Victoria Iftodi, and Deputy Speaker of Parliament
Maria Postoico were the highest-ranking female political figures in the
country.
There were 26 members of ethnic minorities in the 101-seat
parliament and 4 members of a minority in the 19-member cabinet.
Russian, Ukrainian, Bulgarian, Azeri, and Gagauz minorities had
representation in parliament. Deputies are elected from nationwide
party lists rather than local districts.
Early mayoral elections in several towns, including Chisinau in
July, were generally free and fair, including more media access and
less government interference than in 2003. The elections in Chisinau
failed four times because voter turnout did not reach the required
one-third of registered voters.
A Christian Turkic minority, the Gagauz, enjoyed local autonomy
in Gagauzia in the southern part of the country. Two rounds of voting
for the Gagauzia Popular Assembly in November 2003 generally met
international standards but were marked by numerous irregularities.
Transnistrian authorities interfered with residents' ability to
participate in elections. Internationally recognized election observers
were not present during the December 11 elections to the Transnistrian
Supreme Soviet, and the elections were not considered free and fair.
The January 9 referendum in Transnistria to recall opposition
lawmaker Alexander Radchenko from his position in the Supreme Soviet
for allegedly undermining Transnistrian society failed due to low
turnout. "Government"-backed NGOs such as Proryv continued to harass
Radchenko and fellow opposition lawmaker Nicolai Buchatsky, who were
refused access to local media and routinely criticized by the
government media. Neither Radchenko nor Buchatsky were reelected to the
Supreme Soviet in the December 11 elections.
Government Corruption and Transparency
Corruption was believed to be pervasive throughout the
government and society, as reflected in numerous public opinion polls
and widely reported by NGOs. The NGO Transparency International
reported that corruption remained a "severe problem" in the country.
Although the government has acknowledged corruption to be a problem and
formed special law enforcement and judicial units to combat it, some
critics charged that the government used these units to persecute
political opponents. On April 11, the Center for Combating Economic
Crime and Corruption arrested Deputy Minister of Labor and Social
Protection Valeriu Mostovoi on charges of extorting a bribe. Mostovoi's
trial was ongoing at year's end.
In March police arrested former defense minister Valeriu Pasat
on accusations of illegally selling fighter jets to a foreign
government in 1997. Many observers considered the arrest to be
politically motivated, due to Pasat's association with previous
administrations and his vocal support of the opposition BMD during the
election campaign. At year's end Pasat remained in police custody,
pending a verdict in his trial.
The Center for Combating Economic Crime and Corruption continued
its year-long investigation into allegations of graft and corruption
against opposition BMD leader Serafim Urechean (former mayor of
Chisinau) and three other members of parliament (MPs) (two from
Urechean's parliamentary group). BMD members accused the authorities of
politically motivated harassment. On October 13, at the request of the
Prosecutor General's Office, parliament voted to lift the immunity of
Urechean and two other MPs from his faction in order to bring charges
against them.
In late 2004 the Center for Combating Economic Crime and
Corruption and the Prosecutor General's Office opened criminal
investigations and arrested several Chisinau city officials. In a
televised interview, President Voronin called the Chisinau mayoralty "a
mafia nest." The former secretary of the Chisinau City Council,
Vladimir Sarban, who had been in detention since his arrest in late
2004, was released October 12, after the ECHR ruled that the
government's reasons for prolonging his detention were not relevant or
sufficient. At year's end, the investigations of all the officials
continued.
The law provides for free access to official information;
nonetheless, in several cases authorities denied access to public
information. For example, Ziarul de Garda newspaper never
received a response to its June request to the presidency for a copy of
a contract that the presidency signed with a private company. In 2004
the newspaper Timpul filed a complaint against parliament for
refusing access to transcripts of its sessions. Although the Supreme
Court dismissed the suit, parliament subsequently changed its internal regulations to permit publication of its transcripts.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases, except in the
Transnistrian region; however, officials were generally not responsive
to their views.
The local Helsinki Committee for Human Rights maintained
contacts with international human rights organizations; AI maintained a
satellite office in Chisinau and was active in the country.
Transnistrian authorities impeded the activities of human rights groups
in that region.
In anticipation of the March 6 parliamentary elections, more
than 200 local NGOs formed the Civic Coalition for Free and Fair
Elections "Coalition 2005," to monitor the elections. The coalition
issued several reports on its long-term observation findings and was a
frequent target of verbal attacks by the ruling Communist Party. On
February 9, the Communist Party's executive secretary Victor Stepaniuc
published an open letter to the coalition, accusing it of supporting an
electoral contestant and threatening to confiscate its funding from
international donors. The coalition refuted the accusations, and
several diplomatic missions issued a statement in support of the
organization.
The government cooperated with the OSCE, which maintained a
mission in the country to assist efforts to resolve the Transnistrian
conflict. The OSCE participated in the Joint Control Commission that
monitors compliance with the cease-fire agreement. Transnistrian
authorities occasionally limited OSCE access to the region, including
to the security zone dividing Transnistria from the rest of the
country.
The law provides for three parliamentary advocates (ombudsmen)
and an independent center for human rights, the Moldovan Human Rights
Center. Parliament appoints the three advocates, who have equal rights
and responsibilities, for five-year terms. Advocates may be removed
from office only by a two-thirds vote of parliament. Parliamentary
advocates are empowered to examine claims of human rights violations,
advise parliament on human rights problems, submit legislation to the
constitutional court for review, and oversee the operation of the
Moldovan Human Rights Center. In practice the parliamentary advocates
dealt mostly with low-level cases. Center personnel provided training
for lawyers and journalists, visited jails, made recommendations on
legislation, and organized round tables. In July the Moldovan Human
Rights Center presented an annual report to parliament that documented
the human rights complaints it received in 2004 and made
recommendations for improving legislation in the field of human rights.
Several opposition parliamentarians criticized the center for not being
active enough in reporting violations and proposing solutions to human
rights problems.
Transnistrian authorities reportedly attempted to control NGOs
in the region by having security officials "invite" NGO representatives
to their offices and by pressuring landlords not to renew selected
office leases.The Chisinau-based NGO Promo-Lex reported that
unidentified persons in Transnistria had followed their
representatives, tapped their telephones, and broken into their
offices. In November Ion Iovcev, the principal of a Romanian-language
school in Transnistria and active advocate for human rights and critic
of the Transnistrian leadership, received many threatening calls that
he attributed to his criticism of the regime.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The law provides that persons are equal before the law
regardless of race, sex, disability, or social origin; however,
societal discrimination against women and some ethnic minorities,
particularly Roma, persisted.
Women
Domestic violence against women was a widespread problem. The
law does not specifically address domestic assault. Women abused by
their husbands may file charges under general assault laws, but the
government rarely prosecuted domestic assault crimes. During the year
the Ministry of Internal Affairs received 3,083 domestic violence
complaints, including 39 cases of severe spousal abuse, of which 25
resulted in serious bodily injury and 14 resulted in death. Women's
groups asserted credibly that the numbers of rapes and incidents of
spousal abuse were underreported.
The government supported educational efforts, usually undertaken
with foreign assistance, to increase public awareness of domestic
violence and to train public and law enforcement officials to address
the problem. The city of Chisinau operated a women's shelter for
victims of domestic violence. Private organizations operated services
for abused spouses, including a hot line for battered women.
The law criminalizes rape but does not specifically address
spousal rape.There were 247 cases of rape reported during the year, but
most rapes went unreported. There were no specific government actions
to combat rape.
Prostitution is not a crime but is a violation of civil law
punishable by a fine or administrative detention of up to 30 days.
Prostitution was widespread, and observers noted a growing sex tourism
industry, which was particularly prevalent in upscale Chisinau hotels.
Trafficking in women was a serious problem (see section 5, Trafficking).
The law does not prohibit sexual harassment, and it was a common problem.
The law provides that women and men enjoy equal rights, and in
practice women, who constituted approximately 50 percent of the
workforce, received pay equal to that of men for equal work; however,
women did not hold high-paying jobs in the same proportion as men.
Children
There is extensive legislation designed to protect children, and
the government provided supplementary payments for families with many
children.
The law mandates government-provided free, compulsory, and universal education for at least nine years. Many
inadequately funded schools, particularly in rural areas, charged
parents for school supplies. While not illegal, such fees contradicted
the government's policies and resulted in some parents keeping their
children at home. The government and local authorities provided annual
assistance to children from vulnerable families to buy school supplies.
The UN Children's Fund (UNICEF) reported that net primary school
enrollment was 86 percent and secondary school enrollment was
approximately 73 percent, with little difference in the rates of boys
and girls.
Although the healthcare system devoted a large portion of its
limited resources to childcare, childcare professionals considered the
amount inadequate. Nonetheless, UNICEF reported that between 96 and 98
percent of children had been fully immunized against tuberculosis, DPT,
polio, and measles.
While the law prohibits child neglect and specified forms of
abuse, such as begging, child abuse was believed to be widespread.
Although no comprehensive statistics on the problem exist, the National
Center for Child Abuse Prevention registered 93 cases of abuse in the
first seven months of the year. Observers alleged that women begging on
the streets of Chisinau often sedated their babies to spend long hours
begging.
Trafficking of children for the purpose of sexual exploitation and begging remained a problem (see section 5, Trafficking).
Child labor was a problem (see section 6.d.).
The situation of children in orphanages was generally very poor.
Due to lack of funding, children's institutions had major problems,
including inadequate food, "warehousing" of children, lack of heat in
the winter, and disease. According to the Ministry of Education, there
were approximately 11,500 institutionalized children. Not all
institutionalized children were orphans; the number of children
entrusted to the government by needy parents or by parents leaving the
country to look for work reportedly continued to grow. The government
estimated that parents of approximately 20 thousand children worked
abroad and placed their children in boarding schools or entrusted them
to relatives.
Trafficking in Persons
Although prohibited by law, trafficking in persons was a very
serious problem. There were reports of involvement by some government
officials in trafficking, but authorities opened investigations only
against low-level government officials.
The law prohibits trafficking and provides for severe penalties,
ranging from seven years to life imprisonment. Sentences for
trafficking in children range from 10 years to life imprisonment. The
penalty is 15 years to life imprisonment and confiscation of property
for repeated or serious offenses, such as trafficking of groups,
minors, or pregnant women; through kidnapping, trickery or abuse of
power; with violence; or by a criminal organization.
During the year, authorities opened 397 trafficking-related
investigations. The Prosecutor General's Office reported that during
the year the government had referred 314 trafficking cases to court and
had obtained 102 convictions for trafficking-related activities,
compared with 95 convictions in 2004; 18 of the 102 convictions
resulted in prison sentences.
The Ministry of Internal Affairs antitrafficking unit and the
Prosecutor General have principal government responsibilities for
combating trafficking. A special law enforcement unit within the
Ministry of Internal Affairs continued to operate. The Police Academy
curriculum includes an antitrafficking segment developed in conjunction
with the international antitrafficking NGO La Strada.
The government improved cooperation with other member countries
of the Southeast European Cooperative Initiative during the year,
resulting in a number of convictions abroad. The government cooperated
with Belarus, Ukraine, and Russia in investigating trafficking cases,
as well as with Interpol on cases in Serbia and Montenegro and the
United Arab Emirates.
The country was a major country of origin for women and children
trafficked abroad for sexual exploitation and men and children who were
trafficked to Russia and neighboring countries for forced labor and
begging. The country was also a transit point for victims trafficked
from Ukraine. Victims were increasingly trafficked to Russia and
countries of the Middle East, such as Turkey, Israel, and the United
Arab Emirates. The International Organization for Migration (IOM)
reported an increase in the number of cases of families trafficked for
begging to Poland. The IOM and Save the Children reported that Russia
has increasingly become a destination country for trafficking victims,
especially minors. During the year IOM assisted 262 returned
trafficking victims, the majority of whom had been trafficked to
Turkey, Russia, and the United Arab Emirates (149 returned from Turkey,
44 from Russia, and 9 from the United Arab Emirates). The National
Committee to Combat Trafficking in Persons reported that new
information indicated that men were being trafficked for agricultural
and construction work to the Baltic states and to the Commonwealth of
Independent States (CIS). There also were reports that women were
trafficked to Lebanon, Syria, Israel, Saudi Arabia, the United Arab
Emirates, Portugal, France, Thailand, the United Kingdom, Spain, the
United States, and Australia.
While many different individuals
have become trafficking victims, the primary target group was the
female population between the ages of 15 and 30. In 2004 the IOM
reported that 12 percent of the victims they assisted were minors at
the time of return, and 40 percent were minors at the time of their
initial trafficking. Victims often came from rural areas where economic
desperation had already driven many residents to look for work abroad.
According to the IOM, most victims had already suffered some form of
physical or sexual abuse at home and were willing to face significant
risk to escape unbearable circumstances in their families. Women and
girls typically accepted job offers in other countries, ostensibly as
dancers, models, nannies, or housekeepers. In many areas, friends,
relatives, or acquaintances approached young women and offered to help
them find good jobs abroad.
The IOM reported that former victims frequently acted as
trafficking recruiters, sometimes under coercion, and that over the
past two years women had recruited most of its caseload victims.
Newspaper advertisements promising well-paying jobs abroad also lured
many victims. The IOM also noted that traffickers themselves were
mainly foreign men, and the International Labor Organization's (ILO)
program for the elimination of child labor reported that in many cases
traffickers of children have been Roma.
Another trafficking pattern involved orphans who were required
to leave orphanages when they graduated from school, usually at the age
of 16 or 17, and had no funds for living expenses or continuing
education. Some orphanage directors reportedly sold information on when
orphan girls were to be turned out of their institutions to
traffickers, who approached the girls as they left.
According to the Center for Prevention of Trafficking in Women,
parents or husbands pressured some young women to work abroad.
Traffickers commonly recruited women from rural villages, transported
them to larger cities, and then trafficked them abroad.
Victims were transported by car, van, train, and on foot across
borders. Sometimes false documents were used, but increasingly victims
traveled by plane with genuine documents.
Widespread corruption and lack of resources prevented adequate
border control and monitoring of traffickers, particularly in
Transnistria. Border guard and migration officials' salaries were low
and frequently not paid regularly, making them vulnerable to bribery.
Observers alleged that corrupt low- and high-level government
officials were involved in, or routinely turned a blind eye to,
trafficking crimes. No high-level officials were prosecuted during the
year, and no government officials were convicted of trafficking. A
former policeman was investigated for trafficking women to the United
Arab Emirates and deported back to the country in November 2004; at
year's end he was free on bail pending trial. In another case,
following an investigation in 2004, several officials of the Department
of Youth and Sports were fined for issuing false documents used to
obtain Western visas, with the intent of either trafficking or
smuggling individuals. During the year the Ministry of Internal Affairs
withdrew the licenses of several tourism and employment agencies for
their suspected role in trafficking.
The Law on Preventing and Combating Trafficking in Persons
enacted on October 20 provides for free social services for victims of
trafficking, including a modest package of medical and psychiatric
services, issuance of identity documents and residence permits,
consular services, legal counseling and employment services such as
vocational training and professional counseling. The law does not,
however, clarify how its implementation will be funded.
The government had no programs to assist victims. Several NGOs
offered repatriation assistance, temporary housing, and medical care
for victims, and job training. The NGO Save the Children worked with
trafficking victims, particularly repatriated girls. The NGO La Strada
Moldova provided informational and educational services and a national
toll-free hotline.
The government took some steps to prevent the trafficking of
persons and assist victims through its national antitrafficking
committee. Local committees in each region of the country, and
officials of various ministries and local governments were required to
present reports on their antitrafficking efforts to the committee. On
August 25, the government approved a new National Action Plan for
Combating Trafficking in Persons, which was developed in conjunction
with international organizations.
Local NGOs operated public school programs to educate young
women about the dangers of prostitution. During the year, the IOM
continued its information program aimed at providing information to
help citizens who have decided to go abroad avoid exploitation.
Persons with Disabilities
Although the law prohibits discrimination against persons with
physical and mental disabilities, there were reports of such
discrimination. The local NGO Gaudeamus reported widespread
discrimination against students with disabilities. There are no laws
mandating access to buildings, and there were few government resources
devoted to training persons with disabilities. The Social Assistance
Division in the Ministry of Health and Social Protection and the
National Labor Force Agency are responsible for protecting the rights
of persons with disabilities.
National/Racial/Ethnic Minorities
Ukrainians and Russians are the two largest minorities. A
Christian Turkic minority, the Gagauz, makes up a small percentage of
the population living primarily in the Gagauz Autonomous Region (Gagauz
Yeri) in the south of the country. Official statistics put the number
of Roma at 11,600, but Romani NGOs estimated the number to be much
higher.
Roma suffered violence, harassment, and discrimination. Local
and international NGOs reported that Roma were victims of police
beatings in custody, arbitrary arrest and detention, harassment by law
enforcement officials, and societal violence and harassment (see
sections 1.c., 1.d., and 1.e.). The European Roma Rights Center
reported that officials discriminated against Roma with regard to
housing, education, and access to public services.
The Roma were the poorest of the minority groups and often lived
in unsanitary conditions in segregated communities lacking basic
infrastructure. These conditions often led to segregated education and
schools with even fewer resources than those elsewhere in the country.
Many Romani children did not attend school, very few received a
secondary or higher education, and there was no Romani-language
education.
Minority rights and language were closely related problems.
Romanian is the only official language, but Russian served as a
language for interethnic communication and is well-established in
practice. Russian speakers were not subject to discrimination in
education or employment, and a citizen has a legal right to choose
either language for interaction with government officials or commercial
entities. Officials are required to know both Romanian and Russian "to
the degree necessary to fulfill their professional obligations." The
law provides parents the right to choose the language of instruction
for their children, and the government observed this right in practice.
Authorities in the separatist Transnistrian region continued to
discriminate against Romanian speakers, although to a lesser extent
than in previous years. They refused to observe the country's language
law, which requires the use of Latin script, and the region's schools
were required to teach Romanian using the Cyrillic alphabet. Many
teachers, parents, and students objected to this requirement, asserting
that it disadvantaged persons who wished to pursue higher education
opportunities in the rest of the country or in Romania, where the Latin
script is used.
In July, under an OSCE-negotiated formula, Transnistrian
authorities allowed Latin-script schools located in Transnistria but
registered with the Moldovan Ministry of Education to register locally
and begin the school year in September. In the summer of 2004, police
had closed the Latin-script schools in Ribnita, Tiraspol, Dubasari and
Corjova, stating that the institutions violated the Transnistrian legal
requirement for the schools to register locally and to use the Cyrillic
alphabet for instruction.
Other Societal Abuses and Discrimination
There were reports of governmental and societal discrimination based on sexual orientation.
According to Gender-DocM, lack of community recognition,
negative media portrayals, and condemnation by the Orthodox Church
often led to public ostracism of gays, lesbians, and their families. On
May 16, Chisinau authorities refused to issue a permit for a peaceful
demonstration in support of antidiscrimination legislation for sexual
minorities during the country's fourth annual gay pride events,
reasoning that the country already had a law protecting minorities, and
thus there was no reason for the demonstration.
Gender-DocM reported several incidents of gay children being
asked to leave home by their parents and of villages shunning a family
because of a gay child. The NGO reported that schoolteachers and
university professors have been dismissed due to their homosexuality
and that police regularly threatened gays and lesbians with public
exposure if they did not pay bribes.
In Transnistria, homosexuality was illegal, and gays and lesbians were subject to governmental and societal discrimination.
Several NGOs reported instances of discrimination against persons with HIV/AIDs, particularly in rural villages.
Section 6 Worker Rights
a. The Right of Association
The law provides workers the right to establish or join unions;
however, there were reports that the government attempted to pressure
individual unions to leave the confederation with which they were
affiliated and join a confederation that supported government policies.
Approximately 50 percent of the workforce belonged to a union.
There were two union confederations--the Trade Union
Confederation of Moldova (TUCM) and the Confederation of Free Trade
Unions Solidaritate (Solidarity). The latter advocated government
positions and was widely believed to enjoy government support. During
the year, the governmentcontinued to pressure several local teachers'
unions to quit TUCM and join Solidaritate. The government did not
respond to calls by the TUCM leaders and the International
Confederation of Free Trade Unions that it stop interfering in the
internal affairs of the union movement.
b. The Right to Organize and Bargain Collectively
The law provides for collective bargaining, the right to
organize, and the right to conduct activities without government
interference; however, the government did not always respect these
rights in practice (see section 6.a.). The law provides for the right
to strike, except for workers in essential services, and workers
exercised this right by conducting legal strikes.
The government, company management, and unions negotiated
national minimum wages in tripartite talks. Arbitration committees
typically settled workplace labor disputes. If an arbitration committee
failed to settle a dispute, parties could take it to the court of
appeals.
Public officials and workers in essential services such as
emergency health care, water and energy supply, telecommunications, air
traffic control, law enforcement, judges and military employees do not
have the right to strike; the law provides for arbitration of disputes
in these sectors with court mediation as a final option to ensure due
process.
There are no special laws or exemptions from regular labor laws in export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by
children, but there were reports that such practices occurred (see
section 5).
Child labor was a problem (see section 6.d.).
d. Prohibition of Child Labor Practices and Minimum Age for Employment
The law sets standards for child labor, including the minimum
age for employment, hours of work, and working conditions, and
prohibits the worst forms of child labor; however, the government did
not effectively enforce these protections. The law provides for 10 to
15 years' imprisonment for persons involving children in the worst
forms of child labor; under aggravated circumstances, sentences could
be life imprisonment. Child labor was a problem. Due to the poor
economic conditions, parents often sent children to work in the fields
or to find other work, and those living in rural areas often assisted
in the agricultural sector.
The minimum age for unrestricted employment was 18 years.
Persons between the ages of 16 and 18 were permitted to work under
special conditions, including shorter workdays, no night shifts, and
longer vacations.
Trafficking in persons, including trafficking of children, remained a veryserious problem (see section 5).
Efforts to enforce child labor laws did not deter violators. The
Labor Inspection Office (LIO), which in April was moved from the
Ministry of Labor and Social Protection to the Ministry of Economy and
Trade, is responsible for investigating possible child labor
violations. The LIO, which has not uncovered any child labor violations
since its creation in 2002, found it difficult to distinguish between
children involved in forced labor and those involved in the common
practice of helping on family farms.
The ILO in cooperation with the government implemented aspects
of its international program for the elimination of child labor by
strengthening local antitrafficking committees, establishing
community-based youth centers, training representatives of employers'
organizations and trade unions, promoting employment for at-risk youth
and parents, and improving care for child victims of trafficking.
e. Acceptable Conditions of Work
The legal minimum monthly wage was approximately $16 (200 lei)
for public sector employees and approximately $44 (550 lei) for private
sector employees, neither of which provided a decent standard of living
for a worker and family. The LIO is responsible for enforcing the
minimum wage regulation, and it opened some administrative cases
against employers who violated it. Severe budgetary constraints often
prevented government and private sector employers from meeting employee
payrolls.
The law sets the maximum workweek at 40 hours with extra
compensation for overtime, and the law provides for at least one day
off per week.
The government is required to establish and monitor safety standards in the workplace. The LIO is responsible for enforcing health and safety standards; however, health and safety standards were not adequately enforced. Workers have the right to refuse to work if working conditions represent a serious health threat, but there were no reports that workers exercised this right in practice. Poor economic conditions led enterprises to economize on safety equipment and give inadequate attention to worker safety. According to labor inspection office preliminary data, there were 121 workplace accidents during the year, in which 41 persons died.




