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Home , Freedom of assembly

Right to of peaceful assembly:

1. a) Positive legislative/ institutional measures taken to facilitate the exercise of the right to freedom of peaceful assembly and b) recent examples where the right to peaceful assembly has been adequately enjoyed.

- According to article 40 of the of the Republic of Moldova , all meetings, demonstrations, rallies, processions or any other assemblies are free, and they may be organized and take place only peacefully and without the use of weapons, - Law no. 26-XVI of 22 February 2008 on Assemblies (hereinafter “Law on assemblies”) modified the previous Law on assemblies of 1995. The provisions of the current Law constitute clear progress compared to the previous law. According to the old law the authorization for an assembly had to be requested from the local or municipal authorities and the issuing of an assembly permit was done by a commission on assembly permits. The commission was preparing a draft permit and submitting it for the mayor’s signature for approval or disapproval of an assembly. By contrast, the current Law on Assembly stipulates that any manifestation can take place without prior notification if it gathers less than 50 participants. In case the manifestation gathers more than 50 people, the organisers have to notify the local authorities, 5 days prior to the event, about the intention to hold an assembly. Notifications are necessary in order to ensure that no other assemblies are organized in the same place at the same time. The above-mentioned shift from authorization to notification led to an increase in the number of meetings held. - The Ministry of Internal Affairs informs that during 2011, 14.275 meetings (9352 - socio- political meetings; 1250 – protest and picket actions, 1759 - cultural and artistic meetings; 384- sport meetings; 2780 – religious meetings) were held, with the participation of 5.918.409 people, compared with the figures from 2010: 13.973 meetings (9155 - social and political meetings, 1150 of them - protests and pickets, 1661 - cultural-artistic meetings; 378- sport meetings; 2779 –religious meetings) with the participation of 5.823.890 people. During the meetings in 2011, for the purpose of ensuring public security, 46.612 employees were involved, compared to the number of 44.056 employees in 2010. - Article 67 of the Code on administrative contraventions of the Republic of Moldova , adopted by Law no. 218-XVI of 24 October 2008 establishes penalties for infringements of legislation regarding meetings. - The National Human Action Plan of the Republic of Moldova for 2011-2014, adopted by Government Decision nr. 90 of 12 May 2011, chapter 2, point 2 regarding “access to information, freedom of expression, freedom of assembly and association” envisages specific actions, to be executed by public institutions. - At the institutional level, the Ministry of Internal Affairs issued, during 2008-2011, orders and instructions regulating the actions of the police. Large scale capacity building projects, seminars and trainings are being organized for police personnel, in order to facilitate the exercise of the right to freedom of peaceful assembly in Moldova. - A positive dynamics of respecting this right was noted, while the cases labelled as problematic are rather exceptions to the rule. For instance, while previously the local public authorities used to reject the requests of the LGBT Community to organise Pride parades because of reasons related to location, then now these requests are satisfied.

2. a) Positive legislative/ institutional measures taken to protect peaceful protesters, including against agents provocateurs and/or counter-demonstrators; and b) provide one or more examples where peaceful protesters were effectively protected.

- a) According to article 18 para. 2 of the Law on assemblies (“The obligations of the organizer”), the organiser may set his/her own body responsible for maintaining public order when holding the assembly, whose members shall bear distinctive signs in order to be easily identified. In the case of identification of agents provocateurs aiming to destabilize the proper conduct of the meeting, these individuals are removed from among participants by the organizer’s staff or, in the case of absence of the last one, by the police. - According to article 21 of the Law on assemblies (“Ensuring the public order. Ceasing of the assembly”): (1) if during the holding of the assembly, some participants violate the public order or the provisions of article 8, the organiser, or in case of necessity together with police , shall remove them. (2) If during the holding of the assembly, actions that seriously violate the provisions of article 8 are taken, the representative of the local public administration authority shall request the organiser to immediately cease the assembly. This is an exceptional measure, which can be used only if other measures are not sufficient to ensure legal holding of an assembly. - In order ensure the proper conduct of meetings, in a peaceful manner, the Ministry of Internal Affairs elaborates special action plans and organizational instructions, drawing concrete tasks for ensuring, restoring and maintaining the public order and road safety. - b) During 2011 a series of multiple meetings/protests were organized (including in the context of general local elections in June 2011), where peaceful protesters were protected effectively. As a result of effective work with the people, the action of identifying and removing from the crowd the agents provocateurs was successful.

3. Measures taken to ensure that any restrictions to the free exercise of the right to freedom of peaceful assembly are in accordance with obligations under international law (proportionality test and due process guarantees). Please explain the legal status of the spontaneous assemblies.

Article 8 of the Law on assemblies describes the situations when the assemblies may be prohibited. The restrictions provided for in this article are in accordance with article 11 of the European Convention on Human Rights, and article 21 of the International Convenant on Civil and Political Rights.

In order to exclude conflicts of competence during the organization and conduct of meetings, the draft Law on ensuring and restoring the public order during the demonstrations and mass meetings, was elaborated. In this context, proposals on the regulation of the competencies between the central and local authorities were submitted by the Ministry of Internal Affairs to the Prosecutor’s General Office, Intelligence and Security Service, and local public authorities, who their turn, are empowered with responsibilities to ensure public safety and order.

Article 3 of the Law on assemblies , provides the definition of a spontaneous assembly . Pursuant to article 12 (Exemptions from the notification procedure), there is no need to observe the written form of the notification. However, the organiser, based on the bona fidae principle, has to inform the public administration about the organisation of the assembly.

4. a) Positive legislative/institutional measures taken to ensure accountability for i) arbitrary restrictions to hold assemblies; ii) arbitrary or excessive use of force by law enforcement officials against peaceful demonstrators; and iii) violence by agents provocateurs and/or counter- demonstrators; and b) one or more examples for each of these situations where such measures have been implemented.

Article 184 of the Criminal Code of the Republic of Moldova criminalizes the violation of the right to freedom of assembly . According to it: 1) Violation of the right to freedom of assembly by means of unlawful obstruction to holding or participating in a meeting, demonstration, manifestation, procession or any other type of assembly as well as compelling citizens to take part in the assembly against their : a) committed by an official; b) committed by two or more persons; c) accompanied by violence with no threat to life or health, is punishable by a fine of not less than 200 and not more than 400 conventional units or by up to 2 years’ imprisonment. 2) Same offence: a) committed with use of firearms or other items used as weapon or items which were deliberately designed to inflict bodily harm or other damage to health; b) accompanied by violence threatening life and health; c) in case of inflicting serious damage; d) in case of severe consequences, is punishable by imprisonment for a term exceeding 3 but not less than 8 years. (...)

Article 67 of the Contravention Code of the Republic of Moldova provides the accountability for the violations of the legislation on assemblies as follows: (1) Organizing and holding meetings without notifying the mayor’s office as well as violations of the conditions (form, place, time) for holding a meeting indicated in the previous statement shall be sanctioned by a fine of 30 to 40 conventional units for the organizer (leader) of the meeting. (2) Hindering the organization or holding of meetings according to the law as well as hindering people from participation or compelling people to participate in them shall be sanctioned by a fine of 40 to 50 conventional units. (3) The failure of a meeting’s organizer (leader) to fulfill the obligations provided for in the law shall be sanctioned by a fine of 20 to 30 conventional units. (4) The participation in meetings of persons holding arms, explosives, any forbidden substances or other objects that may endanger people’s lives or health shall be sanctioned by a fine of 40 to 50 conventional units or by arrest for up to 15 days. (5) Hindering in any form access to buildings in the immediate proximity of the venue of the meeting shall be sanctioned by a fine of 40 to 50 conventional units.

6. Pursuant to Article 4, Law on assemblies applies with respect of the principle of non-discrimination, according to which the right to assembly is guaranteed to everyone, regardless of their race, , ethnic origin, language, religion, gender, opinion, political affiliation, wealth, social origin or any other criteria. The new draft law on preventing and combating discrimination creates a broader framework and specifies new grounds of discrimination, including, inter alia , the sexual orientation.

At the same time, some organizers of meetings, desiring to achieve their rights, in most cases they affect the rights and of others, exemptions being allowed in this section, by their actions ignoring the provisions of the Declaration of Human Rights, which states that "... Freedom is to do whatever does not harm others. Thus, the exercise of natural rights of each individual has no other limits than those which provide other members of society to use the same rights...."

Despite the fact that the Law on assemblies was assessed by international bodies, certain gaps remain: - The new law doesn’t incorporate restrictions on the conduct of meetings near buildings/ of paramount importance and those who are protected by armed guards. As a result, the diplomatic missions of the U.S.A., , United Kingdom and the Russian Federation accredited in Moldova, sent to the Ministry of Internal Affairs requests regarding not allowing the conduct of assemblies, at a distance less than 20 metres from the Embassies, in order to avoid the invasion or damage of the building of the mission, the disturbing of the mission’s tranquillity or reducing its dignity, in accordance with the provisions of international treaties; - Taking advantage of the fact that the notification of the meeting conduct is not compulsory, the assembly organizers, in most cases, do not inform the public authorities, and do not cooperate with the police in order to ensure public safety. - According to par. 4), Art. 2 of the Law no. 416 of 18.12.1990 on police, one of its main tasks is to maintain the public order and to ensure public security, while according to art. 21 and 22 of the Law on assemblies, police forces intervene only at the request of local authorities or the organizer, which in some cases may not contribute to public security, and as a result, conflict situations are possible. Right to :

7. The Constitution of the Republic of Moldova of 1994 guarantees the freedom of association and provides that citizens are free to associate into parties and other social and political organizations that do not engage in fighting against political pluralism, the , the sovereignty, independence or territorial integrity of the Republic of Moldova (article 41 – Freedom of Political Association). The state protects the rights and legitimate interests of parties and other social and political organizations. Employees may establish and join trade unions in order to defend their interests (article 42 – The Right of Establishment and Joining Trades-Unions).

Other legislative measures that regulate freedom of association are: - Civil Code of the Republic of Moldova of 06.06.2002; - Law on Public Associations no. 837 of 17.05.1996; - Law on Political Parties no. 294 of 21.12.2007; - Law on Emloyers Unions no. 976 of 11.05.2000; - Law on Trade Unions no. 1129 of 07.07.2000; - Law on philanthropy and sponsorship no. 1420 of 31.10.2002; - Law on Foundations no. 581 of 30.07.1999; - Law on Press no. 243 of 26.10.1994; - Law on Religious and their Component Parts no. 125 of 11.05.2007.

According to Article 3 of the Law no. 837 on Public Associations (hereinafter “Law no. 837”): (1) Public associations irrespective of their organizational-legal form and scales of their activity are equal to the Law and perform their activity specified in their programs and Charter, according to the Constitution of the Republic of Moldova and legislation in force. (2) Public associations are founded and function on the basis of voluntaries, independence, equality of their members (participants), self-government, legality and openness. Nobody can be forced to join public association and no one can limit one's right to leave public associations. Public association is free to define its goals, aims and principles of activity, structure of its organs, forms and methods of work, if otherwise not specified by the present Law . (…)

8. The Ministry of Justice of the Republic of Moldova keeps the State register of public associations.

Chapter II of the Law no. 837 provides the rules for the foundation of the public associations.

According to Article 17 para. 1, the Charter of the public association is to be registered at a authorized state body. The public association has the right to not register the Charter .

Para. 2 of the same Article establishes that legal competence of the public association as a legal person arises from the moment of the registration of the Charter of the given association by the authorized state body. The public association that did not register its Charter does not have the legal capacity of the legal entity and represents an informal association of individuals, that do not subordinate to the provisions of this Law .

Article 21. The refusal to register the Charter of a public association. (1) The refusal to register the Charter of a public association is possible in the following exceptional cases : a. if the Charter of the public association contradicts the Constitution of the Republic of Moldova, the present Law and other legislative acts of the Republic of Moldova; b. if requirements, mentioned in the decision about the delay in registration are not fulfilled within a three-month period; c. if the Charter of the public association with the same name was registered before; d. if the application about registration of the Charter of public association was presented before the expiration of the year since the date of the coming into legal force the decision of the court about the termination of the activity of the mentioned public association; e. if the registration body has found out uncertain information in the constituent papers presented for registration; f. if the name of the public association insults morals, national and religious feelings of citizens. (2) Refusal to register public association on the motives of its impracticability of its foundation or because the juridical address of it is found to be the address of a member of the association is not allowed. (3) In case of the refusal in registration of the public association its board is informed about it in written form within the terms specified for registration with the mentioning of the reasons of the refusal and violated legal norms. (4) Refusal in registration of the Charter of the public association is not an obstruction for the repeated presentation of papers for registration. (5) The examination of the repeated application to state registration body and the adoption of respecting decision are made on the general basis in the method provided by present Law, paying the registration fee.

The registration fee , pursuant to Article 17 is 90 lei (MDL).

Pursuant to Article 18, the registration state body (the Ministry of Justice) is obliged to make one of the following decisions within a month : either register the Charter of the public association and issue the founders a certificate of state registration, or postpone the registration of the public association, or to reject registration of the Charter of the public association.

Article 7 defines the general framework regarding the protection of the right of association of citizens and the state protection of public associations.

Article 22 is the lex specialis in this situation and regulates the remedy against the refusal to register a public association. Accordingly, the refusal in registration of the public association on a due date on motives, which the founders of the public association do not consider as reasonable can be appealed judicially within 30 days from the date of communicating this decision.

9. Article 36. Liquidation of a public association. (1) Liquidation of a public association is implemented according to the decision of the convention (conference), general assembly of the members of the association, on the expiry of the term for which it was founded or on the basis of a court judgment. (2) remained as a result of the liquidation of the public association, after satisfying the demands of creditors is directed to objectives, specified in the Charter of the public association, in the absence of the corresponding parts is the Charter of a public association - it is directed to goals, specified by the decision of the convention (conference), general meeting about the legislation of the public association, or by the decision of the court. (3) If after the liquidation of the public association by the convention (conference), general meeting the problem of the property is not solved, then after the demands of the creditors are satisfied this property is directed to objectives specified in the charter of the public association. Decision of the usage of the property is published in press. (4) A public association can be liquidated on the decision of court in cases of: a. preparation (or) and implementation of actions directed to violent change of the constitutional system or territorial integrity of the Republic of Moldova; b. preparation and (or) implementation of actions directed to overthrow by force legally formed organs of public power and governing; c. stirring up social, racial, national or religious hatred and hostility; d. violation by its actions rights and of citizens, protected by the legislation of the Republic of Moldova; e. formation in its structure military groups; f. repeated warning of the public association within a year by the organ which registered the Charter of the public association about elimination of violation of the legislation in force. (5) According to the decision of the court, property of the liquidated public association can become state property and are used for charitable property. (6) Assets and funds remaining after the liquidation of the public association after the execution of the debt are transferred, on the decision of the body managing the process of dissolution, to another public association with similar goals with the dissolved association.

Article 43. Suspension of the activity of the public association. (1) In the case when the public association receives a warning from the organ that registered the association, demanding the elimination of the detected violations of the Law and does not pay attention to it within ten days, its activity may be suspended for a period of six months by the court’s decision. (2) In cases when the activity of a public association is suspended, its following rights are suspended: a. of a founder of mass media; b. organization of conventions, meetings (conferences), demonstrations, pickets, rallies and other public activities; c. usage of all types of bank deposits with the exception of accounts with counteragents on productive- economic and other entrepreneur activity; payments on individual labor agreements (contracts); on reimbursement of damages performed by the public association; payment of fines (penalty, surcharge).

Article 37. Order of appealing against the decision of the court about the liquidation of a public association. (1) Decision of the court about the liquidation of a public association can be appealed by its governing organ in higher court in a due legislative order. Decision of the Highest Court of the Republic of Moldova about the liquidation of the public association is final and cannot be appealed. (2) Recognition of the decision of the court about the liquidation of the public association as contradictory to the present Law brings about the recall of the given decision and reimbursement by the state damages to the public association in connection with legal liquidation.

10. Article 4. Restrictions on the foundation and activity of public associations. (1) It is not allowed to found public associations, whose goal or method of activity is a violent change of constitutional system, violation of territorial integrity of the Republic of Moldova, propaganda of war, violence and cruelty, stirring up social, class as well as racial, national and religious differences, accomplishment of other punishable acts. (2) It is prohibited to organize public military associations and armed formations. (3) The foundation and activity of public associations, infringing upon common to all mankind values, health, morals, social moral of population, rights and safeguarded by the Law interests of citizens - is prohibited. (4) Administrative officers, whose duties include registration and control over the activity of public associations cannot be founders and members of public associations. Administrative officers, whose official duties include realization of state policy in spheres, being priority for these public associations in accordance with their Charter cannot be founders and members of executive, governing and inspection organs of public associations. Laws of the Republic of Moldova can establish some other restrictions on the foundation of certain types of public associations and membership of definite groups of officials.

11. Article 8. Relations between the state and the public associations. The support from the state for the public associations. (…) (5) Public associations and their juridical representatives are not allowed to use financial support from foreign (international) natural or juridical persons for supporting political parties, social-political organizations and particular candidates during the elections. These financial sources shall be confiscated and transferred to the state’s budget following the court’s decision.

Article 10. Legislation on public associations. (…) (4) The philanthropic and sponsoring activity of the public associations shall be regulated by the Law of the Republic of Moldova on philanthropy and sponsoring and fiscal legislation.

Article 26 regulates the Public association’s economic activity.

Article 28. Sources for formation of the property of the public association. Property of a public association are formed from: a. entrance and membership fees; b. voluntary donations; c. receipts from delivering lectures, exhibitions, lotteries, auctions, sports and other activities; d. income from productive-economic, publishing and other entrepreneur activity; e. income from civil-legal operations; f. income from foreign trade operations; g. income from sponsors and benefactors (tax free) in accordance with the Law on philanthropy and sponsorship; h. other revenues which are not prohibited by the legislation.

12. Article 24. Rights of the public association. (…) k. to perform scientific research, design, to perform a public examination for important social projects and programs, to participate in mixed commissions when these projects are examined if these kind of activities are mentioned in the Charter of the association.

A recent example on promoting participation of associations in the decision-making process in the Republic of Moldova was the participation of international and national non-governmental organizations at extended consultations for the drafting and submission of the Report of the Republic of Moldova for the Universal Periodic Review (UPR), prepared in accordance with the guidelines stipulated in the UN Human Rights Council (HRC) resolution 5/1 and the General Guidelines for the preparation of information under the UPR (A/HRC/6/L.24). These consultations were held with the support of the UN Country Team in the process of Report drafting. The banner available at http://www.justice.gov.md/ro/epdo/ and a special mailbox were created so that pertinent information on UPR could be consulted and formal suggestions submitted. The non-governmental organizations are also actively involved in consultations for the implementation of the already accepted recommendations by the Republic of Moldova.