By Resource Centre of Moldovan Human Rights NGO's
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Shadow Report on the Implementation of the Resolution ResCMN(2003)4 of the Committee of Ministers of the Council of Europe elaborated by the Resource Center of Moldovan Human Rights NGOs (CReDO) November 2004 Shadow Report on the Implementation of the Resolution ResCMN(2003)4 of the Committee of Ministers of the Council of Europe by the Republic of Moldova Resource Center of Moldovan Human Rights NGOs (www.CReDO.md) 1 Shadow Report on the Implementation of the Resolution ResCMN(2003)4 of the Committee of Ministers of the Council of Europe elaborated by the Resource Center of Moldovan Human Rights NGOs (CReDO) Content 3.3.5 Article 12 (education, research), Article 13 (private education), Article 14 (learn minority language, education in minority language) ......................................................28 1. Summary ...........................................................3 2.3.6 Article 15 (effective participation)......35 2. Issues discussion..............................................4 2.4 Section III Specific Questions ................46 2.1 Introduction................................................4 2.4.1 Local public administration reform ....46 2.2 Section II Measures to implement 2.4.2 Protection of national minorities in Committee of Ministers Resolution..............4 Transnistria region.......................................53 2.2.1 Disadvantaged national minorities 3. Conclusions and recommendations ...........56 access to media, participation and use of 3.1 Socio-economic situation of Roma .......56 minority language ..........................................4 3.2 Article 8 (religious organization)..........57 2.2.2 Implementation of the National 3.3 Article 10 (language)...............................58 Minorities Protection Act ..............................5 3.4 Article 12 (education)..............................60 2.2.3 Language policy to avoid linguistic 3.5 Article 15 (effective participation) ........62 intolerance manifestations..............................7 4. References .......................................................64 2.2.4 Access and presence in the media of the 5. Annexes...........................................................66 disadvantaged minorities................................7 Annex 1 Study of the Native Language in 2.2.5 Educational rights of the disadvantaged Moldova: school year 2001-2002 .................66 national minorities .........................................7 Annex 2 Number of Pupils in the Secondary 2.2.6 Socio-economic discrimination of Roma School and Lyceums .....................................67 .........................................................................8 Annex 3 Schooling in Roma communities 68 2.3 Article-by-article information................12 Annex 4 Study of native language in 2.3.1 Article 5 (promotion of identity, Moldova: 2001-2002.......................................69 interdiction of assimilation) .........................12 Annex 5 Pupils belonging to ethnic 2.3.2 Article 7 (assembly, association, Minority and educated in Mother Tongue70 expression), Article 8 (manifestation of Annex 6 Review of some Bulgarian villages religion, religious organization)...................14 (language, education) ...................................71 2.3.3 Article 9 (nondiscriminatory access to Annex 7 Review of Ukrainian villages media)............................................................17 (language, education) ...................................76 2.3.4 Article 10 (language use in About CReDO ....................................................82 public/private, criminal procedures), Article 11 (names, signs)..........................................19 Author: Serghei Ostaf, [email protected], www.credo.md 2 Shadow Report on the Implementation of the Resolution ResCMN(2003)4 of the Committee of Ministers of the Council of Europe elaborated by the Resource Center of Moldovan Human Rights NGOs (CReDO) remains substantially unchanged in a long 1. Summary run with regard to the most fundamental aspects of the minority rights protection in The report represents the overview of the Moldova. This policy is in fact is the developments relevant to the manifestation lack of the critical awareness implementation of the Framework of the up-to-date European concept of the Convention on the Protection of National minority protection. Minorities by the republic of Moldova. It has been elaborated under the initiative of This being said, Moldovan authorities prove the Ombudspersons for National Minorities also inability to take measure in practice to (Bucharest, Romania). address the most evident and straightforward concerns to tackle in the The reports aims to provide a knowledgeable and comprehensive way. comprehensive review of the situation as This means the substantial lack of the seen from the point of view of the human institutional capacity to carry out and rights organization based on the number of implement minority rights sensitive comprehensive studies carried out during policies. the period since the adoption of the first Advisory Committee opinion on Moldova. The major failures outlined in the report The author has also written the first shadow are: report on the implementation of the - continuation of the soviet time Framework Convention by the Republic of inherited policy of the forcible Moldova back in 2000 and with this report assimilation (russification) of the continued and provided the information in “disadvantaged” (Ukrainians, the consistent manner with the first report. Bulgarians, Gagauz) and “small” national minorities; This time the report follows the structure - reinforcement of the excessive recommended by the Framework centralization policies regarding Convention secretariat for the state report education, cultural development, submissions, therefore it mirrors the state use of minority language in public report submission. The report inspired from sphere; a number of sources cited in the Reference - brutal disregard to the plight of the that has been composed of the first hand institutionally discriminated Roma research carried out indigenously by the minority particularly in rural areas; specialized and mostly respected human - institutionalization of intolerance rights researches and experts of Moldova. and abusive prosecution of the new These efforts have been organized by the minorities as are Muslims and other Moldovan Helsinki Committee for Human unorthodox religious. Rights, Resource Center of Human Rights, and Center for Minority Issues. A full Unfortunately, the report hardly observed account of the sources is provided. any measures taken in practice having the impact and effect of the improvement, apart As regards the content the report concludes from the show off events, declarations and the failure of the Moldovan authorities to political talks of the improvement. take lessons from the Advisory Committee Opinion on Moldova in almost all respects. Hopefully, the report can provide a This is regrettably since the evident meaningful alternative to the state misunderstanding of the national submitted information and will balance the authorities of the essential observations of understanding by the international the Opinion have not been therefore community of the existing realties in addressed by the Moldovan authorities Moldova. since. Apart from that, Moldovan policy 3 The official report fails to recognize that Ukrainians, Bulgarians, Gagauz and Roma 2. Issues discussion are the disadvantaged minorities. The report neglects the finding of the Advisory Committee, especially with regard to the 2.1 Introduction Ukrainians (para 110) but also with regard to Roma (para 103) that these national The report should be necessarily read minorities, given the historical past and together with the major sources provided in even current policies, find themselves the Reference section. The author being the absolutely and comparatively lead writer for the most of them has selected disadvantaged. Furthermore, recent reports out the essence of the first source of the with regard of Roma ([7, 8]) reveal information. comprehensively dimensions of their particularly disadvantaged situation. The mentioned reports can be found Comprehensive independent research published on-line as indicated in the carried out recently reveals a comparable reference. disadvantaged situation of Bulgarians ([15, 16]). Similar situation is shared by the Gagauz national minority. 2.2 Section II Measures to implement Committee of Ministers Resolution Moldovan government should adopt special measures to address specifically the situation of Ukrainians, Bulgarians, Gagauz 2.2.1 Disadvantaged national minorities and Roma to repair their disadvantaged access to media, participation and use of situation. The comprehensive findings on minority language1 the situation of these disadvantaged national minorities ([7, 8, 11, 12, 15, 16]) has The official report fails to clearly become a shared common knowledge in the understand the Advisory Committee civil society, representatives of national opinion regarding which national minorities, minority rights sensitive minorities are the disadvantaged national decision-makers and politicians of minority in Moldova. The Government Moldova. An extensive body of the opinion refers exclusively to the proposals to address these problems has numerically small minorities, the so called already become a public knowledge. It is smallest minorities making up altogether now that the Department of Interethnic less than 0.1%