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2004 USG Repors

Supporting Human Rights and Democracy: The U.S. Record 2004 - 2005

Moldova

The Moldovan Constitution provides for a multiparty representative government with power divided among a president, cabinet, parliament and judiciary. In 1992, a separatist regime, supported by Russian military forces, declared a "Transdniester Moldovan Republic" in the region between the Dniester River and Ukraine. The Government of Moldova does not control this region. Unless otherwise stated, all references that follow are to the rest of the country.

Generally free and fair parliamentary elections in 2001 resulted in an overwhelming parliamentary majority for the Communist Party. Authorities in the separatist Transnistria region interfered with the ability of residents there to vote in this and other national elections. During the past four years, progress on democratic reforms has slowly deteriorated. In 2004, the Government continued to use its resources to influence the media to present pro-government views and to discredit and deny access to the political opposition. Some progress was made when the Government transformed the state broadcasting company, Teleradio Moldova (TRM), into a public institution. Journalists and opposition political parties protested this process because it was not conducted transparently. United States officials met repeatedly with authorities to urge that these problems be addressed constructively. The Ambassador and the EU issued a public statement calling on the Government to meet Organization for Security and Cooperation in Europe (OSCE) and Council of Europe standards for freedom of the media.

The Government generally respected the human rights of its citizens; however, there were problems in some areas. Some law enforcement personnel reportedly tortured and beat some persons, particularly persons in police custody and Roma. Security forces were widely believed to monitor political figures, use unauthorized wiretaps, and at times conduct illegal searches. Widespread corruption persisted, and judges were reportedly subject to outside influence and corruption. There were some limits on workers' rights, and a few religious groups continued to encounter difficulties in obtaining official registration. Trafficking in persons (TIP) remained a very serious problem.

The democratization and human rights record of the separatist-controlled Transnistria region remained very poor. The Transnistrian authorities reportedly continued to use torture and arbitrary arrest and detention. Two members of the so-called "Ilascu group," convicted of killing two Transnistrian officials during the 1991-92 civil war, remained in prison despite a 2004 European Court of Human Rights ruling calling for their release. In June, an alleged witness to the mistreatment of the "Ilascu group" during their imprisonment disappeared under unclear circumstances. Transnistrian authorities harassed and intimidated opposition figures and the independent media, and restricted freedom of association and of religion. Transnistrian discrimination against Romanian-speakers culminated in a crisis in the summer and fall of 2004 when Transnistrian authorities closed several Latin-script schools. The Government responded by restricting Transnistrian trade. The situation was defused in September, when the OSCE negotiated a formula to allow the schools to register and re-open for one year; however, tensions remain high.

The United States worked through the OSCE and directly with the parties to push for a resolution to the conflict in Transnistria that is just, equitable and respects the sovereignty, independence and territorial integrity of the Republic of Moldova. These efforts included Embassy discussions with government officials in Chisinau, a visit by the U.S. Special Negotiator for Eurasian Conflicts to Chisinau and Tiraspol in October, and extensive efforts by the U.S. Mission to the OSCE to focus European attention on the unacceptable behavior of the Transnistrian regime. In addition, the United States, in concert with the EU, extended the existing visa ban on senior Transnistrian officials to individuals involved in closing the Latin-script schools.

The U.S. strategy for promoting human rights and democracy in Moldova focuses on strengthening the rule of law, good governance, independent media and civil society, promoting free and fair elections and combating TIP. The United States consistently stressed in meetings and demarches that the Government needs to take concrete steps to promote democracy and human rights if it is to enjoy deeper bilateral relations and improve membership prospects in Euro-Atlantic institutions.

In 2004, the United States placed a special emphasis on promoting free and fair 2005 parliamentary elections. The Ambassador and other U.S. representatives frequently engaged high-level government officials and the Central Election Commission (CEC), emphasizing the importance of ensuring free and fair elections and pressing for electoral reforms that would minimize the shortcomings that marred the 2003 local elections. The United States supported the formation and activities of an association of non-governmental organizations (NGOs), "Coalition for Free and Fair Elections," to implement electoral monitoring and voter education programs. The United States funded training for lawyers, judges and advocates on election law and procedures for adjudication of election disputes. The United States supported seminars for political parties and representatives of both independent and state-controlled media organizations to discuss election-related issues and the role of the news media in free and fair elections. Along these lines, the United States provided support for a program to monitor the objectivity and content of news from all major Moldovan TV, radio stations and newspapers during the campaign period.

The International Visitors Program (IVP) sponsored two elections-related study trips to the U.S: one for members of the CEC to study the electoral process, and another for members of the media and NGOs to study the role of civil society in elections. The United States also provided grants to NGOs for projects focused on promoting open and balanced public discussion and debate and for local Get-Out-the-Vote activities.

Several initiatives were undertaken to strengthen civil society. United States-sponsored programs helped to train Moldovan political parties to organize effective party structures, build successful coalitions, recruit and mobilize new members at the local party level and reach out to citizens. The United States supported programs to increase citizens' knowledge of transparent government processes and to promote constructive dialogue between citizens and their local government. These efforts fostered participation and leadership skills at the grassroots level.

The IVP arranged a trip to the United States for representatives of government information and public relations offices to enhance their understanding of freedom of information and transparency in government. To improve local governance, another IVP was arranged for mayors to study how local public administration functions in the United States and how to better collaborate with different levels of government, state institutions and NGOs in the area of public administration. The United States continued a local government reform program in 2004, working with more than 50 communities to improve fiscal management, increase transparency and citizen participation in community decision-making, and improve strategic planning.

Working with EU representatives, the United States promoted freedom of assembly when they successfully urged the Government to end efforts to lift the parliamentary immunity of opposition lawmakers in connection with their organization of peaceful protests. Government influence on the media was of particular concern, and the United States promoted media freedom in several ways. In 2004, the United States supported a media-monitoring project implemented by a respected consortium of independent NGOs to systematically assess the content of news reports of Moldova's sole nationwide public TV and radio broadcaster TRM. The United States consistently raised the issue of media freedom with high-level Moldovan officials and used the monitoring results to press them to take immediate steps to improve the objectivity, quality, and opposition's access to public media. United States officials also met with Moldovan authorities to raise concerns about licensing procedures hindering independent media and the non-transparent transformation of TRM into a public institution. The United States provided many media outlets and media-related NGOs with financial support to implement projects that promote freedom of speech and access to a full range of opinions. The United States supported the publishing of an independent newspaper in Gagauzia, the expansion of Vocea Basarabiei radio station's signal to Edinet, Soroca and Balti, and the implementation of locally-sponsored trainings for journalists covering social issues. The United States assisted two radio stations in buying the necessary equipment to broadcast in the separatist region of Transnistria, where independent media is restricted. These two stations now cover the entire Transnistrian region.

The United States brought media experts to Moldova to participate in conferences and seminars designed to improve the skills of Moldovan media professionals and students. The United States also continued to support a three-year partnership between Moldova State University's Department of Communications, the Independent Journalism Center and Missouri School of Journalism to improve journalism education in Moldova.

The United States supported several efforts to promote the rule of law and combat corruption in Moldova. The United States engaged the Government, including the Moldovan President, on the need to address the problem of corruption seriously and to halt politically motivated corruption investigations of opposition political figures. The Resident Legal Advisor (RLA) worked with the Government to combat corruption and to increase the effectiveness of law enforcement assistance programs. The RLA's anti-corruption initiatives included a series of training seminars and roundtables designed to improve criminal procedure and prosecutor-investigator teamwork, and collaboration with the Government and Council of Europe experts in drafting the new National Anti-Corruption Strategy and Plan. The RLA also provided technical assistance to the Center for Combating Economic Crime and Corruption to help design internal reforms that would reduce inefficiency and minimize opportunities for corruption.

The RLA successfully pushed for amendments to the law on operative investigations that permit investigators to work undercover and expands their investigative authority in other ways. Similarly, the RLA sponsored a legislative roundtable that resulted in a high-level working group to re-examine the country's weak plea-bargaining law in order to give prosecutors new tools to combat corruption.

Other rule of law programs assisted Moldovan legal institutions, judges, bar associations, students and lawyers to strengthen the quality and awareness of legal education and legal reforms. The U.S.-funded Criminal Law program conducted training for judges on human rights and for the defense bar on advocacy skills.

The United States funded an Expanded International Military Education and Training program for the Moldovan military designed to improve respect for human rights and civilian control over the armed forces. This included the hosting of two seminars on "Planning for Peacekeeping Operations" at the ministerial and inter-ministerial levels and a number of Moldovan officers at various training courses in the United States, entitled "Military and Peacekeeping Operations in Accordance with Rule of Law," "Judge Advocate General," "Defense Restructuring" and "Civil-Military Relations." The United States also supported the participation of 17 mid-to-senior level military, civilian and law enforcement officials in Marshall Center courses focusing on democracy, civil-military relations, and national and trans-national security issues.

In July, during a visit to Moldova, Secretary of Defense Rumsfeld stressed to President Voronin the importance of continued military education and training as well as participation in Partnership for Peace activities in enhancing respect for human rights, peace and security throughout the region. The United States uses a vetting procedure in accordance with the Leahy Amendment to ensure that it does not train individuals who committed or were responsible for human rights violations.

In an effort to highlight U.S. concern for religious freedom, U.S. Embassy officials met with the local leaders of several religious groups in 2004. The United States raised concerns and delivered the Government a diplomatic note about some religious groups' persistent registration difficulties with the State Service on Religions. The U.S. Embassy also raised concerns about some religious groups being impeded from constructing houses of worship.

The Ambassador and other U.S. officials repeatedly emphasized the importance of combating TIP. At the U.S.-Moldova Joint Economic Task Force meeting in June, the RLA made a presentation to several Moldovan Government ministers and high-level officials on trafficking efforts, in which she pressed for continued cooperation and increased efforts by the Government to combat trafficking. The RLA provided technical assistance for judges, prosecutors and investigators to address TIP, including training that emphasized education, sensitivity and skills development, and provided legislative drafting assistance. The RLA instituted and maintained an ongoing monitoring plan of all aspects of criminal investigation and prosecution in order to pinpoint areas where assistance could best be provided and to assess Moldova's record in obtaining convictions and appropriate sentences.

In 2004, the United States began a number of programs through President Bush's $50 million Anti-Trafficking Initiative to deal comprehensively with all aspects of trafficking. The United States assisted Moldovan law enforcement with training and facilitated trans-border anti-trafficking cooperation with neighboring countries. It began implementing programs to address the economic roots of trafficking by improving access for young women and girls to legitimate employment opportunities. These programs offered career counseling, skills training and job placement as well as other forms of assistance to potential and actual victims of trafficking. The United States continued to support the work of the Center for the Prevention of Trafficking in Women in providing legal assistance and counseling, legal representation, and help in replacing identity papers and other lost documents for victims. The United States supported the International Labor Organization's International Program for the Elimination of Child Labor to prevent the trafficking of children for sexual and labor exploitation. The United States also provided funding for a nationwide trafficking information campaign implemented by the International Organization for Migration and targeted at potential trafficking victims. One key product was the film "Lilya 4-ever," which documented the recruitment and abuse of victims and was shown in cinemas and schools throughout the country free of charge.

 
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