Statement by the UN Deputy High Commissioner for Human
Rights, Flavia Pansieri, at the end of her mission to the
Republic of Moldova
Chisinau, 11 April 2014
Good
morning and thank you for coming.
I am very grateful for
the chance to visit the Republic of Moldova this week.
During my mission, I paid particular attention to the issues
raised by UN High Commissioner for Human Rights Navi Pillay
during her November 2011 mission to the country. My mission
coincided with the mid-point between Moldova’s first and
second Universal Periodic Reviews. Also, six months ago
Moldova was considered by the UN Committee on the
Elimination of Discrimination Against Women (CEDAW). It was
therefore an opportune moment to take stock of progress made
and challenges remaining with regard to Moldova’s
international human rights commitments.
During my
visit, I have had open and friendly discussions on a range
of human rights issues with the President, the Speaker and
Members of Parliament, senior Government officials, the
National Human Rights Institution (NHRI), members of civil
society organizations, UN colleagues and others.
I
would like to thank the Government for its excellent
cooperation during my visit. I very much appreciate the
spirit of openness with which I was able to engage in
dialogue with the Authorities. Let me share with you some of
my impressions from the visit.
Combating Discrimination
and Promoting Diversity
I noted with great interest
Moldova’s remarkable diversity – ethnic, religious,
cultural and linguistic – and the need to cultivate this
diversity in the interest of strengthening Moldova’s
democracy. The principle of non-discrimination and minority
rights are central to this effort.
I further noted the
progress made in improving the domestic legal framework
banning discrimination, as well as the establishment of the
Council for Preventing and Combating Discrimination and
Ensuring Equality. A number of positive steps have been
taken by this body in its first months of existence,
including important decisions in individual cases and policy
guidance provided to the Parliament on the prosecution of
hate crime. I have encouraged the authorities to ensure that
the Council is provided with greater enforcement powers, and
look forward to full implementation of its decisions. The UN
Human Rights Office supports Moldova’s efforts to
implement anti-discrimination laws in conformity with
international standards. While here, I participated in the
launch of an EU-supported action led by our Office, Support
for Civil Society in Combating Discrimination.
I reminded
the Authorities of the importance of standing firm on the
side of equality and inclusivity, and of publicly affirming
and acting – both in Moldova and in the international
arena – on the right to non-discrimination on all grounds.
I also praised Moldova’s efforts to ensure the right to
peaceful public assembly for lesbian, gay, bisexual and
transgender individuals and groups, and in particular the
actions of the Ministry of Interior in providing protection
to Chisinau’s first ever Pride event in 2013. We are
looking forward to Pride 2014.
I also discussed
discrimination facing Roma, noting for example reports of
some segregated school environments and the absence of Roma
from positions of elected authority in Moldova. I welcomed
recent improvements to policies relating to combatting
discrimination and exclusion of Roma, while noting that
these as yet lack impact in communities. In particular, I
urged that the Government make durable progress in
desegregating schools and to redouble efforts to protect
Roma from all forms of violence. I urged serious attention
to all dimensions of Roma inclusion, including
gender-related aspects of these issues.
I have
also reiterated High Commissioner Pillay’s call to improve
efforts to ensure that members of all religious, racial and
ethnic groups are better protected in the short and the long
term. I further raised the question of tensions over
linguistic minorities and continuing sensitivity over the
place of the Russian language in public life. I encouraged
Moldova to embraces its praiseworthy rich diversity and act
to protect the rights of all minorities as a premise for an
inclusive, stable society.
Rights of Persons with
Physical, Mental, Sensory and Intellectual Disabilities
I praised the adoption in 2012 of the Law on the Social
Inclusion of Persons with Disabilities, transposing many
aspects of the Convention on the Rights of Persons with
Disabilities (CRPD), which Moldova ratified in 2010. I
visited the Chisinau Psychiatric Hospital and the UN’s
extensive work in Moldova on the rights of persons with
disabilities. I spoke with a number of the patients there
and with hospital staff.
I congratulate the Ministry of
Health for its decision last year to orient policy around a
move to community-based care, with a view to implementing
Article 19 of the CRPD. I discussed the extension of this
policy to institutions under the competence of the Ministry
of Labour, Social Protection and Family.
I was informed
of the Government’s plans to establish formally the pilot
Ombudsperson for Psychiatry and to pay for it from the state
budget. This measure is as an innovative way to addressing
concerns linked to human rights of people in institutions.
The Ombudsperson should be given access to all facilities
where persons with disabilities are currently
institutionalized.
I also was apprised of plans to
close the Pavlovca facility as recommended by the UN Special
Rapporteur on Extreme Poverty and Human Rights. I urged the
Government to move forward legal and policy reforms to amend
the Civil Code to remove the institution of guardianship and
legal incapacitation measures which are very worrying, and
to adopt arrangements to better support decision-making by
persons with disabilities. I was encouraged to hear that
this will take place in 2014. Furthermore, I discussed the
importance of including persons with disabilities in
decision-making and of the establishment of the independent
monitoring body envisioned under Article 33(2) of the CRPD.
Everyone must give serious attention to making Moldova a
more accessible place for people with disabilities.
Torture and other forms of inhuman or degrading
treatment, gender-based violence
I visited Moldova on
the fifth anniversary of the events of April 2009, when
hundreds of people were physically abused by law enforcement
officers during post-electoral unrest. Moldova has been
repeatedly urged by the international community and its own
civil society to bring to justice those responsible for
these abuses. However, it appears that few, if any,
perpetrators have been brought to justice. Impunity is a
threat to democratic society, tainting the credibility of
the prosecution, judiciary and law enforcement. I understand
that these concerns are shared broadly in Moldova, and that
a hearing was recently convened in Parliament on this issue.
At the same time, reports of physical and other forms of
abuse in Moldovan penal, police and psychiatric places of
detention persist, and arbitrary detention similarly remains
of concern. I urge the authorities to strengthen efforts in
upholding justice for victims.
Moldova has taken
important steps to combat violence against women, including
domestic violence, rape and trafficking for sex work. In my
discussions with the authorities, I encouraged the adoption
of emergency police-issued protection orders for victims of
domestic violence to complement the existing system of
court-ordered protection. I also urged the revision of
prosecutorial guidelines for the investigation of rape. I
discussed the need to stop punishing women who sell sex. All
CEDAW recommendations should be considered carefully and
incorporated into domestic policy.
Engagement with UN
Human Rights Mechanisms and National Human Rights Framework
This morning I introduced a global conference convened
by the Organisation internationale de la Francophonie, with
the Government and our Office, on following up on the
Universal Periodic Review (UPR). I welcome plans to provide
an interim report to the Human Rights Council on the
implementation of Moldova’s UPR recommendations. Good
practice involves substantive consultation with civil
society on such a report.
Our Office has noted the
incorporation of many of the first UPR recommendations into
Moldova’s National Human Rights Action Plan 2011-2014. It
will be important that all recommendations from the
international human rights mechanisms, including the UPR, be
implemented holistically. In this regard, due consideration
should be given to reviewing the policy framework for the
period 2015-2016. I also urged that the Government act on
UPR recommendations to ratify international legal
instruments, in particular the Optional Protocol to the
International Covenant on Economic, Social and Cultural
Rights.
I have discussed the recent efforts to amend the
legal basis for the Centre for Human Rights, Moldova’s
“B”-status National Human Rights Institution (NHRI). I
welcome efforts to bring the NHRI into conformity with the
Paris Principles and enable it to function effectively as
Moldova’s National Preventive Mechanism against torture.
In the interest of the strength and independence of the
NHRI, I also call upon the authorities to hold a
transparent, public procedure to appoint the next
Ombudspersons and to remove the legal barrier for
individuals under guardianship to petition the NHRI.
My
attention was also drawn to the need to depoliticize and
simplify the process of registering civil society
organisations. Avibrant civil society is crucial to a robust
system of human rights protection. I note the need to
heighten significantly the role of women in elected public
life, including women from marginalized segments of society,
such as Romani women and women with disabilities.
Transnistrian Region of the Republic of Moldova
Yesterday, I visited the Transnistrian region and had
meetings, including with the de facto authorities. We
discussed a broad range of human rights issues, in
particular those identified in the groundbreaking 2013
report of UN Senior Expert Thomas Hammarberg, followingHigh
Commissioner Pillay’s mission in 2011. I welcomed the
adoption of a plan of action by the de facto authorities for
the implementation of these recommendations and encouraged
follow-up in a holistic manner. I also encouraged renewed
attention to fostering wider space for human rights civil
society organizations on the left bank of the Nistru, as
well as their close involvement in the implementation of
Senior Expert Hammarberg’s recommendations.
I raised
a number of issues concerning freedom of religion or belief,
following the recommendations of the Special Rapporteur on
freedom of religion or belief in 2011. I was encouraged to
hear that the de facto authorities have recently established
a civilian alternative to military service for conscientious
objectors. Registration procedures for religious communities
must be made simple, non-bureaucratic and non-discriminatory
in practice, in conformity with international law.
I also
discussed the need to adopt comprehensive rules on the
protection of women from gender-based violence, in
particular domestic violence. A victim-centred protection
mechanism against domestic violence should be adopted
without further delay.
Progress needs to be made on all
aspects of the rights of people with disabilities, including
those with mental or intellectual disabilities. In this
regard, reform of guardianship and legal incapacitation
measures, as well as serious consideration to adult and
child deinstitutionalization, are also needed.
As already
stressed by High Commissioner Pillay, human rights do not
have any borders. Protracted conflicts, such as the one I
have witnessed here, may involve a number of duty-bearers.
States must respect and ensure the rights laid down in
international human rights treaties of anyone within the
State party’s power or effective control. On the other
hand, non-State actors that exercise government-like
functions are obliged to respect all human rights of the
people living in this territory, irrespective of questions
of legal or political status. It is vital to address human
rights concerns and all protection gaps in situations of
protracted conflicts.
Conclusion
I discussed with many
interlocutors the importance of strengthening the rule of
law, changing attitudes, and building a human rights
culture. There was a clearly expressed need for strengthened
human rights education as a part of the mandatory curriculum
in schools, continued specific human rights training for the
legal community, and awareness-raising for the public.
I
was positively struck by the direction of human rights work
in the Republic of Moldova but recognize that there is still
considerable work ahead. I encourage Moldova to build on the
positive steps taken in the recent period, and that it act
to seal in these gains. Our Office stands ready to continue
supporting human rights-based change in the Republic of
Moldova, through the Human Rights Adviser, our
representative here.
ENDS
