United States Department of State, U.S. Department of State Country Report on Human Rights Practices 1998 - Moldova, 26 February 1999, available at: http://www.refworld.org/docid/3ae6aa7814.html [accessed 25 May 2013]
This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.
Moldova gained its independence from the Soviet Union in 1991. In 1994 it adopted a constitution that provides for a multiparty representative government with power divided among a president, cabinet, parliament, and judiciary. President Petru Lucinschi began his 4-year term in 1997. In March parliamentary elections, 4 center and center-right parties won 61 seats and formed a coalition government. Prime Minister Ion Ciubuc retained his office. The Communist Party won the remaining 40 seats and is in the opposition. International observers considered the elections to be free and fair, but authorities in the separatist Transnistrian region interfered with citizens' ability to vote. Although increasing in independence, the judiciary is still subject to the influence of the prosecutor's office. The country remains divided, with mostly Slavic separatists controlling the Transnistrian region along the Ukrainian border. This separatist regime has entered into negotiations with the national Government on the possibility of a special status for the region. Progress in resolving the ongoing conflict has been blocked by the Government's preoccupation with elections, failure to produce a coherent national policy, and the separatists' continuing demands for "statehood" and recognition of the country as a confederation of two equal states. The Organization for Security and Cooperation in Europe (OSCE), the Russian Federation, and Ukraine act as mediators. The two sides generally have observed the cease-fire of 1992, which ended armed conflict between them, but other agreements to normalize relations often have not been honored. One positive step in normalizing relations occurred in June when the Dubasari bridge across the Nistru River, the "border" of Transnistria, was reopened. In October the Government announced a unilateral reduction of troops in the zone. A Christian Turkic minority, the Gagauz, enjoys local autonomy in the southern part of the country. The Ministry of Internal Affairs has responsibility for the police. The Ministry of National Security controls other security organs, including the border guards ((97 text; still correct?)). The Constitution assigns to Parliament the authority to investigate the activities of these ministries to ensure that they comply with existing legislation. Some members of the security forces committed a number of human rights abuses. The country continued to make progress in economic reform. The new Government includes Ministers of the Economy and Finance whom international observers view as reformers. The economy is largely based on agriculture. Citizens and foreigners can buy and sell land at market prices. However, foreigners cannot buy agricultural land, nor can agricultural land be resold for a period of 5 years. In 1997 the government land privatization program helped to break up more than 70 joint stock associations, the successors to the collective farms, and to issue land titles to their former members. This program has proven extremely popular, and hundreds of additional farms have signed up to participate in it. Only a few association managers did not support the program, particularly in Gagauzia. The leading exports are foodstuffs, wine, tobacco, clothing, and footwear. The gross domestic product (GDP) is estimated officially at about $440 per capita but may be considerably underestimated because of underreporting for tax purposes. The officially reported median salary is $45 per month. According to government statistics about 80 percent of the population lives below the poverty level and 10 percent of the rural population has a per capita income of less than one-quarter of that level. A majority of citizens cannot afford to buy fish, meat, milk and other dairy products on a regular basis. GDP rose slightly in 1997 but projected growth for 1998 was hampered by the effect of the Russian economic crisis. Real growth may be masked by unreported production. A program privatizing state-owned enterprises and real estate based on vouchers issued to all citizens is complete. The exchange rate is stable and the average monthly inflation rate was under 1 percent. The external debt totaled over $600 million. The economic situation is worse in Transnistria. The Government generally respects the human rights of its citizens, however, there were problems in some areas. The police occasionally beat detainees and prisoners. Prison conditions remain harsh, with attempts to improve them hampered by lack of funding. The judiciary is subject to the influence of the prosecutor's office. Security forces monitor political figures, use unauthorized wiretaps, and at times conduct illegal searches. The Constitution potentially limits the activities of the press, political parties, and religious groups. Journalists practice self-censorship. The law also imposes restrictions on some religious groups. Societal discrimination and violence against women persists. Trafficking in women is a problem. Addressing a minority concern, the Constitution allows parents the right to choose the language of education for their children. The Transnistrian authorities continue to be responsible for abuses, including questionable detentions, harassment of independent media, restrictions on freedom of religion, and discrimination against Romanian/Moldovan speakers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings either in Moldova or its separatist region.
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution forbids torture and other cruel, inhuman, or degrading treatment or punishment. There were no allegations of torture by the authorities, but there were credible reports that police sometimes beat prisoners or suspects. There was an unconfirmed NGO report of two police officers beating Roma in Soroca in an incident in 1997. Conditions in most prisons remain harsh, with serious overcrowding. Cell sizes do not meet local legal requirements or minimum international standards. Conditions are especially harsh in prisons used to hold persons awaiting trial or sentencing. These prisons suffer from overcrowding, bad ventilation, and a lack of recreational and rehabilitation facilities. Conditions for those serving sentences are only marginally better. The incidence of malnutrition and disease, especially tuberculosis, is high in all facilities. Abuse of prisoners by other prisoners or jailers themselves, ostensibly for disciplinary reasons, has been reduced by the dismissal or retirement of some of the worst offending guards. The Ministry of Justice administers the prison system. Attempts to improve prison conditions are frustrated by a lack of financing. One new prison was opened during the year, in an attempt to reduce over crowding and improve conditions. Human rights monitors are permitted to visit prisons. Requests by human rights monitors to inspect prisons in Transnistria have been refused. After questionable trials, four ethnic Moldovans are serving sentences in Transnistria for alleged terrorism-related crimes (see Section 1.e.). The Helsinki Committee for Human Rights (HCHR) in Moldova was allowed to send medical experts to examine one of the prisoners in March. In March Tudor Petrov-Popa, another of the "Tiraspol Six," attempted suicide by slashing his abdomen with a razor. Transnistrian officials claimed that Petrov-Popa received proper medical treatment and that his condition had stabilized. In October representatives from the OSCE finally were permitted to visit Ilie Ilascu in his Tiraspol prison, after Transnistrian authorities had denied their requests for months. The International Committee of the Red Cross (ICRC) visited these prisoners in 1992 and 1993 in Tiraspol, but later was denied visitation. The ICRC did not request a visit in 1998.
d. Arbitrary Arrest, Detention, or Exile
The former Soviet Code on Penal Procedure remains in force with some amendments. Prosecutors issue arrest warrants. Under the Constitution, a suspect may be detained without charge for 24 hours. The suspect is normally allowed family visits during this period. The 24-hour time limit is not always respected, especially if a person is arrested late on a Friday or on a weekend. If charged, a suspect may be released pending trial. There is no system of bail, but in some cases, a friend or relative, in order to arrange release, may give a written pledge that the accused would appear for trial. Suspects accused of violent or serious crimes generally are not released before trial. The Constitution permits pretrial arrest for an initial period of 30 days, which may be extended up to 6 months. In exceptional cases, Parliament may approve extension of pretrial detention on an individual basis of up to 12 months. The accused has the right under the Constitution to a hearing before a court regarding the legality of his arrest. According to figures provided by the Ministry of Justice in October, of a prison population of 10,521, 1,530 persons were held in confinement awaiting trial (these statistics do not include persons held in Transnistria). According to the Constitution, a detained person must be informed immediately of the reason for his arrest and must be made aware of the charges "as quickly as possible." The accused has the right to a defense attorney throughout the entire process, and the attorney must be present when the charges are brought. Many lawyers point out that access to a lawyer generally is granted only after a person has been detained for 24 hours. If the defendant cannot afford an attorney, the State requires the local bar association to provide one. Because the State is unable to pay ongoing legal fees, a lawyer who is less than competent or energetic often is chosen. The Transnistrian authorities have imposed a state of emergency that allows law enforcement officials to detain suspects for up to 30 days, reportedly without access to an attorney. There were no reports that Transnistrian authorities used this provision during the year. The Government does not use forced exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, however, the prosecutor's office still has undue influence. However, many observers believe that arrears in salary payments make it difficult for judges to remain independent and free from corruption. Since 1997 prosecutors have the right to open and close investigations without bringing the matter before a court, which gives them considerable influence over the judicial process. The Constitution provides that the President, on the nomination of the Superior Court of Magistrates, appoints judges for an initial period of 5 years. They may be reappointed for a subsequent 10 years, after which they serve until retirement age. This provision for judicial tenure is designed to increase judicial independence. The judiciary consists of lower courts of the first instance, five appellate courts (tribunals), a Higher Court of Appeals, a Supreme Court, and a Constitutional Court. The Supreme Court supervises and reviews the activities of the lower courts, and serves as a final court of appeal. By law defendants in criminal cases are presumed innocent. In practice prosecutors' recommendations still carry considerable weight and limit the defendant's actual presumption of innocence. Trials generally are open to the public. Defendants have the right to attend proceedings, confront witnesses, and present evidence. Defense attorneys are able to review the evidence against their clients when preparing cases. The accused enjoys a right to appeal to a higher court. Because of a lack of funding for adequate facilities and personnel, there is a large backlog of cases at the tribunal and Higher Appeals Court levels. Court decisions involving the restitution of salary or a position are not always implemented. To date no pattern of discrimination has emerged in the judicial system. The Constitution provides for the right of the accused to have an interpreter both at the trial and in reviewing the documents of the case. If the majority of the participants agree, trials may take place in Russian or another acceptable language instead of Romanian/Moldovan. There continue to be credible reports that local prosecutors and judges extort bribes for reducing charges or sentences. Such charges were brought against a prosecutor and a deputy prosecutor in Cainari in 1997; in the fall the two were convicted and sentenced to 10 years in prison each. Prosecutors occasionally use bureaucratic maneuvers to restrict lawyers' access to clients. There were no reports of political prisoners outside Transnistria. In Transnistria, four ethnic Moldovans, members of the "Ilascu Six," (one of whom, Ilie Ilascu, is an elected member of the Moldovan Parliament but has never been able to take his seat) remain in prison following their conviction in 1993 for allegedly killing two separatist officials. International human rights groups raised serious questions about the fairness of the trial; local organizations alleged that the Moldovans were prosecuted solely because of their membership in the Christian Democratic Popular Front, a Moldovan political party that favors reunification with Romania. Family members have been allowed access. The HCHR in Moldova was allowed to send medical experts to examine one of the prisoners in March, and the OSCE was permitted to see another prisoner in October.
F. Arbitrary Interference With Privacy, Family, Home, Or Correspondence
Prosecutors issue search warrants. In some instances searches are conducted without warrants. Courts do not exclude evidence that was obtained illegally. There is no judicial review of search warrants. The Constitution specifies that searches must be carried out "in accordance with the law" but does not specify the consequences if the law is not respected. It also forbids searches at night, except in the case of flagrant crime. It is widely believed that security agencies continue to use electronic monitoring of residences and telephones without proper authorization. By law the prosecutor's office must authorize wiretaps and may do so only if a criminal investigation is under way. In practice, the prosecutor's office lacks the ability to control the security organizations and police and prevent them from using wiretaps illegally.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution and the law provide for freedom of speech and of the press, although with some restrictions. The Government does not abridge freedom of speech, and the print media express a wide variety of political views and commentary. National and city governments subsidize a number of newspapers, but political parties and professional organizations, including trade unions, also publish newspapers. Most newspapers have circulations of less than 5,000. Although the number of media outlets that are not owned and operated publicly by the State or a political party is growing, most of these "independent" media are still in the service of a politician or political movement, commercial interest, or foreign country, and secure large subsidies from these sources. There are several independent radio stations, including a religious one, with some rebroadcasting from Romania and Russia. There are two independent television stations in the Chisinau area and one in the city of Balti. The Government owns and operates several radio stations and a television channel that covers most of the country. A number of local governments, including Gagauzia, operate television and radio stations. The Constitution restricts press freedoms, forbidding "disputing or defaming the state and the people" and political parties that "militate" against the country's sovereignty, independence, and territorial integrity. These restrictions lack implementing legislation and are not invoked. The press law includes an article that allows public figures to sue for defamation without distinguishing between their private and public persons. Criticism of public figures has resulted in a number of lawsuits, and as a consequence, journalists practice self-censorship. In cases where suits have been filed against journalists and media organs, the plaintiffs usually lose. There is no freedom of information legislation, and journalists and ordinary citizens often have difficulty obtaining information from government organizations. The Government does not restrict foreign publications. However, foreign publications do not circulate widely since they are very expensive by local standards. However, Russian newspapers are available, and some publish a special Moldovan weekly supplement. The country receives television and radio broadcasts from Romania and Russia. A very small number of cable subscribers receive a variety of foreign cable television programs. Of the two major newspapers in Transnistria, one is controlled by the regional authorities and the other by the Tiraspol city government. There are also independent newspapers in Tiraspol and the northern Transnistrian city of Ribnitsa. The latter two criticize the regime from time to time and have been harassed by the separatist authorities. Other print media in Transnistria do not have large circulations and appear only on a weekly or monthly basis. Nonetheless, some of them also criticize local authorities. The one independent television station is trying to enlarge its broadcast radius, but currently is producing less than 10 hours of programming per week. Resistance to this move comes from the local official Transnistrian television station, which previously had enjoyed a virtual monopoly of advertising revenues. Most Moldovan newspapers do not circulate in Transnistria. Circulation of all print media in Transnistria is hampered by the closed nature of society, as well as by the local economic crisis, which is more severe than in the rest of the country. The Government respects academic freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to peaceful assembly and authorities respect this right in practice. Mayors' offices issue permits for demonstrations; they may consult the national government if a demonstration is likely to be extremely large. The Constitution states that citizens are free to form parties and other social and political organizations. Private organizations, including political parties, are required to register, but applications are approved routinely. The Constitution forbids parties that "militate against the sovereignty, independence, and territorial integrity of Moldova." In October Parliament passed a law allowing only political parties of 5,000 members or more to be registered officially.
c. Freedom of Religion
The Government generally permits the free practice of religion. However, a 1992 law on religion that codifies religious freedoms contains restrictions that could inhibit the activities of some religious groups. The law provides for freedom of religious practice, including each person's right to profess his religion in any form. It also protects the confidentiality of the confessional, allows denominations to establish associations and foundations, and states that the Government may not interfere in the religious activities of denominations. However, the law forbids proselytizing and requires that religious groups register with the Government in order to hire noncitizens. The Salvation Army was unable to register in 1996 as a religious denomination, because it did not meet the requirement of having a citizen as the organization's legal head. Similarly, on technical grounds Jehovah's Witnesses were unable to register in Tiraspol in 1997. Although some Protestant denominations are concerned that the prohibition on proselytizing could inhibit their activities, to date, the authorities have not taken legal action against individuals for proselytizing. The Parliament amended the law to legalize proselytizing in November, in principle bringing Moldovan legislation in line with the European Convention on Human Rights. However, the draft law would explicitly forbid "abusive proselytizing," and the bill defines "abusive" broadly. For example, taking advantage of a person's naivete, low intellect, or lack of experience would fall under this definition. Many Protestant denominations are concerned about the possible enforcement of this broad definition of abusive proselytizing. The President had not yet signed the law by year's end. Although Eastern Orthodoxy is not designated in the law on religion as the official religion, it continued to be a strong religious force and exerted significant influence. In 1992 a number of priests broke away from the Moldovan Orthodox Church, which is subordinate to the Moscow Patriarchate, in order to form the Bessarabian Orthodox Church. The Bessarabian Orthodox Church, which sees itself as the legal and canonical successor to the pre-World War II Romanian Orthodox Church in Bessarabia (the part of Moldova between the Dniester and Prut Rivers), subordinated itself to the Bucharest Patriarchate of the Romanian Orthodox Church. The Government consistently has refused to register the Bessarabian Church, citing unresolved property claims as the principal reason. The issue has political overtones as well, since it raises the question whether the Orthodox Church should be united and oriented toward Moscow or divided with a branch oriented toward Bucharest, although leaders of the Moldovan Orthodox Church appeared more interested this year in independence than alliance to Moscow. In 1997 the Supreme Court overturned an appeals court decision affirming the right of the Bessarabian Church to be registered. However, the Supreme Court's decision was based on a procedural issue, rather than on the merits of the case. The Bessarabian Church appealed the case to the European Court. In January authorities in Transnistria cancelled the registration of Jehovah's Witnesses. Repeated attempts by Jehovah's Witnesses to reregister have been denied or delayed. Transnistrian officials confiscated a truckload of religious tracts in May 1997 and have refused to return them until the group is registered properly. According to local leaders of Jehovah's Witnesses, several members have been questioned by local state security officers but always have been released within 1 hour.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government does not restrict travel within the country, and there are no closed areas. Citizens generally are able to travel freely; however, there are some restrictions on emigration. Close relatives with a claim to support from the applicant must give their concurrence. The Government also may deny permission to emigrate if the applicant had access to state secrets. However, such cases are very rare, and none were during the year. Travel between Transnistria and the rest of the country is not prevented. There are regularly scheduled buses and trains. However, the separatist authorities often stop and search incoming and outgoing vehicles. Moldova is not a party to the 1951 United Nations Convention Relating to the Status of Refugees or its 1967 Protocol. The Government has no processing procedures for potential refugees resident in the country. The issue of providing first asylum has never arisen formally. There were no reports of the forced return of persons to a country where they feared prosecution.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens voted in the second multiparty parliamentary elections in 1998, after the country's second presidential election in 1996. Members of 4 center and center-right parties won a clear majority with 61 of 101 seats and formed a coalition government. International observers considered the elections to be free and fair, but Transnistrian authorities interfered with citizens' ability to vote by blocking busses carrying citizens who were heading for the west bank of the Dniester to cast their ballots. The establishment of a coalition government and the peaceful transition of presidential power in 1997 represent further progress in the transition to democracy. The Constitution adopted in 1994 provides for the division of power among the popularly elected President, the Cabinet, the Parliament, and the judiciary. The President, as Head of State, in consultation with the Parliament, appoints the Cabinet and the Prime Minister, who functions as the head of government. However, a minister can only be dismissed with the assent of the Prime Minister. Some observers believe that the Constitution does not define adequately how executive powers are to be shared between the President and the Prime Minister. The Constitution states that citizens are free to form parties and other social-political organizations. However, a controversial article states that those 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 are "unconstitutional." Opposition parties, some of which favor rapid or eventual reunification with neighboring Romania, have charged that this provision is intended to impede their political activities. In 1991 separatist elements, assisted by uniformed Russian military forces in the area and led by supporters of the 1991 coup attempt in Moscow, declared a "Dniester Republic" in the area of Moldova that is located between the Dniester River and Ukraine. Fighting flared briefly in 1992, but ended after Russian forces stepped in, and a truce has held since. Russian, Ukrainian, and OSCE mediators have attempted to encourage the two sides to reach a settlement that preserves Moldovan sovereignty and independence while granting a measure of autonomy to Transnistria. In 1997 the Transnistrian authorities signed a Memorandum of Understanding with the Government that encompasses these objectives. However, since then further negotiations have been inconclusive and there was no further progress towards a settlement by year's end. There are no restrictions in law or practice on the participation of women or minorities in political life. However, women generally are underrepresented in leading positions both in government and political parties. Women hold only 9 of 101 parliamentary seats. The Association of Moldovan Women, a social-political organization, competed in the March elections, but was unable to gain parliamentary representation. Russian, Ukrainian, Bulgarian, and Gagauz minorities are represented in Parliament, with deputies elected from nationwide party lists rather than local districts. Debate takes place in either the Romanian/Moldovan or Russian language, with translation provided.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Several local human rights groups exist. The local Helsinki Watch Organization maintains contacts with international human rights organizations, as does the Helsinki Citizens Assembly. Human rights groups operate without government interference. Citizens may appeal to the European Court in Strasbourg if they believe that their rights have been violated or that Moldovan laws are not in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. However, most citizens are unaware of the convention and their rights to legal remedies in general. The Government has supported the work of the OSCE, which has had a mission in the country since 1993 to assist in efforts to bring about a resolution of the separatist conflict. The OSCE participates in the Joint Control Commission-composed of Moldovan, Russian, Ukrainian, and Transnistrian members-which reviews violations of the cease-fire agreement. The mission generally enjoys access to the "security zone" along the river dividing the separatist-controlled territory from the rest of the country. The Government has cooperated with ICRC in the past, permitting visits to prisoners from the 1992 conflict (since released). The Transnistrian separatist authorities previously have not allowed the ICRC access to the four members of the original "Ilascu Six" who have remained in prison since 1993. However, the OSCE and the HCHR each were able to visit one of the four during the year (see Section 1.e.).
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
The Constitution states that persons are equal before the law regardless of race, sex, disability, religion, or social origin. There are remedies for violations, such as orders for redress of grievances, but these are not always enforced. Women Spousal violence is known to occur although there are no reliable statistics on the problem. A prominent women's rights advocate asserts that ¼ of Moldovan women are victims of domestic violence. Women abused by their husbands have the right to press charges; husbands convicted of such abuse may receive prison sentences (typically up to 6 months). Public awareness of the problem of violence is low and no special government programs exist to combat spousal abuse. A private organization operates a confidential service to provide support to abused spouses. According to knowledgeable sources, women do not generally appeal to police or the courts for protection against abusive spouses because they are embarrassed to do so and are not convinced that the authorities would react positively, as the police generally do not consider spousal abuse a serious crime. Through September the Ministry of Internal Affairs recorded 162 cases of rape of attempted rape, a slight decrease from the same period in 1997. Women's groups believe that the numbers of rapes and incidents of spousal abuse are underreported. Although no statistics are available, trafficking in girls and women is a problem, especially to Turkey, Greece, and Israel. Apart from a documentary shown on state television on the problem, the Government has taken few steps to prevent the trafficking of women. The law provides that women shall be equal to men. However, according to statistics, women have been affected disproportionately by growing unemployment. By law women are paid the same as men for the same work, although they still are victimized by societal discrimination. There are a significant number of female managers in the public sector and in banking. The president of the country's largest bank is a woman. Children There is extensive legislation designed to protect children, including extended paid maternity leave and government supplementary payments for families with many children. Ten years of basic education are compulsory, followed by either technical school or further study leading to higher education. The health system devotes extensive resources to child care. Although child abuse does occur occasionally, no special problems came to light during the year. There are no statistics on child abuse. Child support programs suffered from inadequate funding. An estimated 1,000 children are living in the streets of Chisinau and other large urban areas. People With Disabilities There is no legal discrimination against persons with disabilities. However, there are no laws providing for accessibility to buildings, and there are few government resources devoted to training persons with disabilities. The Government does provide tax advantages to charitable groups that assist the disabled. Religious Minorities Tension between Eastern Orthodox supporters and Protestant groups spread to the parliamentary election campaign. During the parliamentary campaign, a number of newspaper articles attacked one party for including a Baptist minister on its list of candidates. These and other articles strongly denounced Protestantism in favor of Orthodoxy. A senior member of the Orthodox hierarchy allegedly warned a party leader that the Church would destroy the party's election campaign if it did not remove the Baptist candidate. However, the minister gained a seat in Parliament. National/Racial/Ethnic Minorities The population is about 4.3 million, of which 65 percent are ethnic Moldovans. Ukrainians (14 percent) and Russians (13 percent) are the two largest minorities. A Christian Turkic minority, the Gagauz, lives primarily in the southern regions of the country. The Gagauz are largely Russian-speaking and represent about 3.5 percent of the population. Official statistics put the Roma population at 11,600, although estimates from the OSCE and Roma nongovernmental organizations range from 50,000 to 200,000. There was an unconfirmed NGO report of two police officers beating Roma in Soroca in an incident in 1997. The 1990 citizenship law offered an equal opportunity to all persons residing in the country at the time of independence to adopt Moldovan citizenship. The OSCE's Office of Democratic Institutions and Human Rights described the law as being very liberal. The law permits dual citizenship on the basis of a bilateral agreement, but no such agreements are in effect. Implementation of language testing by 1994, which was called for in the 1989 language law, has not yet begun. According to the law, a citizen should be able to choose which language to use in dealing with government officials or commercial entities. Officials are obligated to know Russian and Romanian/Moldovan "to the degree necessary to fulfill their professional obligations." Since many Russian speakers do not speak Romanian/Moldovan (while educated Moldovans speak both languages), they argued for a delay in the implementation of the law in order to permit more time to learn the language. Parliament has postponed implementation indefinitely. Addressing a minority concern, the Constitution provides parents with the right to choose the language of instruction for their children. However, in the separatist Transnistrian region discrimination against Romanian/Moldovan speakers continued. State schools are required to use the Cyrillic alphabet when teaching Romanian. Many teachers, parents, and students objected to the use of the Cyrillic script to teach Romanian. They believe that it disadvantages pupils who wish to pursue higher education opportunities in the rest of the country or Romania. (Cyrillic script was used to write the Romanian language in Moldova until 1989, since "Moldovan," as it was then called, was decreed officially during the Soviet era to be a different language from Romanian, which is written in the Latin alphabet. The 1989 language law reinstituted the use of the Latin script.) As a result of an agreement between the Government and the separatist authorities, eight schools in the separatist region obtained permission in 1996 to use the Latin alphabet, with salaries and textbooks to be supplied by the Moldovan Ministry of Education. These schools are considered private schools by the local authorities. They must pay rent for their facilities and meet local curriculum requirements, building codes, and safety standards. The Government has no budgetary provisions for the high rents asked for these facilities. As a result, classes were held in local homes or run in shifts in the few available buildings. After delaying its opening and threatening to keep it closed, the separatist authorities allowed the Romanian Language School (Latin alphabet) in Tiraspol to open in September.
Section 6 Worker Rights
a. The Right of Association
The 1990 Soviet law on trade unions enacted by Moldova's then-Supreme Soviet remains in effect and provides for independent trade unions. Laws passed in 1989 and 1991, which give citizens the right to form all kinds of social organizations, also provide a legal basis for the formation of independent unions. The 1994 Constitution states that any employee may found a union or join a union that defends workers' interests. However, there have been no known successful attempts to establish alternate trade union structures independent of the successor to the previous official organizations that were part of the Soviet trade union system. The successor organization is the General Federation of Trade Unions (GFTU). The GFTU's continuing role in managing the state insurance system and its retention of former official union headquarters and vacation facilities provide an inherent advantage over any newcomers who might wish to form a union. However, its industrial or branch unions are becoming more independent entities; they maintain that their membership in the GFTU is voluntary and that they can withdraw if they wish. Virtually all employed adults are members of a union. Government workers do not have the right to strike, nor do those in essential services such as health care and energy. Other unions may strike if two-thirds of the members vote for a strike in a secret ballot. There were several labor actions for payment of wage arrears, including a number of strikes by teachers, health care workers, and spouses of police officers in various parts of the country. School openings, originally scheduled for September 1, were delayed in many places due to teachers' strikes over unpaid salaries. On December 4, approximately 5,000 protesters gathered in front of the main government building in Chisinau to call for the payment of wage and pension arrears to government workers. Many government employees, especially in the education and health sectors, had not been paid for months. The GFTU organized the protest. Unions may affiliate and maintain contacts with international organizations. The GFTU became a member of the International Confederation of Trade Unions.
b. The Right to Organize and Bargain Collectively
The law, which is based on former Soviet legislation, provides for collective bargaining rights. However, wages are set through a tripartite negotiation process involving government, management, and unions. The three parties meet and negotiate national minimum wages for all categories of workers. Then, each branch union representing a particular industry negotiates with management and the government ministries responsible for that industry. They may set wages higher than the minimum set on the national level and often do, especially if the industry in question is more profitable than average. Finally, on the enterprise level, union and management representatives negotiate directly on wages. Again, they may set wages higher than negotiators on the industry level. There were no reports of actions taken against union members for union activities. The 1990 Soviet law on trade unions provides that union leaders may not be fired from their jobs while in leadership positions or for a period after they leave those positions. There were no reports of such firings this year. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced and compulsory labor, and it is not known to occur. The Government specifically prohibits forced and bonded labor by children, and there were no reports that it occurred.
d. Status of Child Labor Practices and Minimum Age for Employment
The minimum age for unrestricted employment is 18 years. Employment of those between the ages of 16 and 18 is permitted under special conditions, including shorter workdays, no night shifts, and longer vacations. The Ministry of Labor, Social Protection, and the Family is primarily responsible for enforcing these restrictions, and the Ministry of Health also has a role. Child labor is not used in industry, although children living in rural areas sometimes assist in the agricultural sector. Ten years of education are compulsory. The Government specifically prohibits forced and bonded labor by children, and there were no reports that it occurred (See Section 6.c.).
e. Acceptable Conditions of Work
There is a legal minimum monthly wage of $3.50 (18 Moldovan lei), but this is used primarily as a basis for calculating fines. The average monthly wage of approximately $45 (193 Moldovan lei) does not provide a decent standard of living for a worker and family. The lowest wages are in the agricultural sector, where the monthly average is approximately $24.50 (113 Moldovan lei). Due to severe budgetary constraints, the Government and enterprises often do not meet payrolls for employees. The Constitution sets the maximum workweek at 40 hours, and the Labor Code provides for at least 1 day off per week. The State is required to set and check safety standards in the workplace. The unions within the GFTU also have inspection personnel who have a right to stop work in the factory or fine the enterprise if safety standards are not met. Further, workers have the right to refuse to work but may continue to draw their salaries if working conditions represent a serious threat to their health. However, in practice the depressed economic situation has led enterprises to economize on safety equipment and generally to show less concern for worker safety issues. Workers often do not know their rights in this area.