The Moldovan-Administered Latin-Script Schools in Transdniestria Background, Current Situation, Analysis and Recommendations REPORT November 2012 Organization for Security and Co-operation in Europe OSCE Mission to Moldova HCNM The Moldovan-Administered Latin-Script Schools in Transdniestria Background, Current Situation, Analysis and Recommendations REPORT November 2012 Organization for Security and Co-operation in Europe OSCE Mission to Moldova HCNM © OSCE Mission to Moldova and OSCE High Commissioner on National Minorities 2012 Original in English, with official translations in Romanian and Russian. In cases of variation, the English version shall prevail. For further information, please contact: OSCE Mission to Moldova Mitropolit Dosoftei Str. 108 MD-2012 Chisinau Republic of Moldova Office: +373 22 22 34 95 Fax: +373 22 22 34 96 Email: [email protected] Website: http://www.osce.org/moldova OSCE High Commissioner on National Minorities Prinsessegracht 22 2514 AP The Hague The Netherlands Tel: +31 (0)70 312 5500 Fax: +31 (0)70 636 5910 Email: [email protected] Website: www.osce.org/hcnm TABLE OF CONTENTS EXECUTIVE SUMMARY 1 SECTION 1. INTRODUCTION 4 SECTION 2. BACKGROUND 6 SECTION 3. CHRONOLOGY 9 SECTION 4. THE MOLDOVAN-ADMINISTERED LATIN-SCRIPT SCHOOLS 21 SECTION 5. COMMON FEATURES, MAIN PROBLEMS AND FINDINGS 41 SECTION 6. RECOMMENDATIONS 55 List of tables and graphs Table 1. Overall expenses of the Latin-script schools (funded by Moldova) 24 Table 2. Public utility rates in Transdniestria (Bender) 48 Table 3. Student enrolment in the Latin-script Schools, 1988–2012 52 Graph 1. Combined enrolment of students in Latin-script Schools, 1996–2012 53 ANNEXES ANNEX 1. Excerpts from legislation of the Republic of Moldova 59 ANNEX 2. Excerpts from Transdniestrian de facto legislation 61 Foreword Note The name of the State language of the Republic of Moldova is disputed on both banks of the Dniester/ Nistru river. The Constitution and legislation of the Republic of Moldova denominate “Moldovan” as the State language, while legislation also recognizes that the Moldovan and Romanian languages are identical. To clarify the positions of different stakeholders on both sides of the river in the language dispute, both denominations – “Moldovan” or “Romanian” – are used as appropriate. The denomination as “Romanian” or “Moldovan”, or the spelling of toponyms, does not, however, represent an official endorsement by the OSCE of any side’s position in this dispute. The use of such terms as “legislation”, “law”, “minister”, “Supreme Soviet” and similar in relation to specific Transdniestrian normative acts, de facto authorities and institutions does not represent any recognition by the OSCE of these normative acts, de facto authorities or institutions. These terms are used exclusively for the convenience of the reader and to provide the most accurate identification possible of specific documents, authorities, persons and institutions. The original version of this report is in English. Official translations are available in Romanian and Russian. In cases of variation, the English version shall prevail. EXECUTIVE SUMMARY The Organization for Security and Co-operation in Europe (OSCE) has been striving since 1993 to facilitate pragmatic interim solutions to the status, educational activity and operation of Moldovan- administered schools in Transdniestria teaching in the Latin script (“Latin-script schools”). With the restart in 2011 of political negotiations on the settlement of the Transdniestrian conflict and the resumption in 2012 of meetings in the Working Group on Education, this issue is currently being discussed both at expert and political level. In order to facilitate these discussions and to support pragmatic solutions, this report attempts to provide to both Sides and OSCE participating States a comprehensive assessment of the present situation of the eight schools in question. It also recommends solutions that are intended to enable the schools to function until a lasting solution to the school dispute can been agreed on the basis of a comprehensive conflict settlement. The roots of the present-day school dispute can be traced back to the 1989 reintroduction of the Latin script for the Moldovan/Romanian language and its declaration as the sole State language in Moldova, to be used as the main language in all public spheres. The language issue became one of the maJor contributing factors to the secessionist conflict in Transdniestria, a region on the left bank of the Dniester/Nistru river, which revoked on its territory the decisions declaring Moldovan/Romanian as the sole State language and reintroducing the Latin script. At the end of the hostilities in 1992, the Transdniestrian de facto authorities had established control over most of the left-bank territory and the right-bank city of Bender and made the use of the Cyrillic script for writing Moldovan obligatory. Only a few institutions on Transdniestrian-controlled territory remained under the administration of Moldovan authorities, amongst others a number of Moldovan language schools that insisted on education in the Latin script. From 1994/1995 Transdniestrian de facto authorities stopped funding all schools not using the Cyrillic script. Another point of contention appeared with the differences in Moldovan and Transdniestrian school curricula, especially regarding politically sensitive subJects such as history and geography. After the schools lost local funding, the Moldovan Ministry of Education began funding the two schools in Bender, in Ribnita and in Tiraspol, and later in Roghi and CorJova. During this time parents from other towns and villages in Transdniestria also applied to local authorities to found private schools using the Latin script, but complained that these efforts were blocked and that they were harassed and intimidated. The struggle between parents and local authorities in some settlements intensified to the point where schools clandestinely teaching the curriculum of the Republic of Moldova and using the Latin script were closed and teachers were dismissed. In Dubasari and Grigoriopol, parents and teachers chose as a consequence to relocate their schools to neighbouring Moldovan-controlled villages and also began receiving funding from the Ministry of Education. Altogether eight Latin-script schools were able to continue teaching with the help of the Ministry of Education, six on Transdniestrian- controlled territory and two relocated to neighbouring Moldovan-controlled territory on the left bank. However, the six Latin-script schools in Transdniestrian-controlled territory had no status under Transdniestrian de facto legislation. Although the schools are registered, licensed and accredited within the Moldovan legal and educational system, Transdniestrian de facto authorities demanded that they - 1 - Executive Summary comply with Transdniestrian de facto legislation and register either as “private schools” to be allowed to use the Latin script, but obliged to teach the Transdniestrian curriculum, or as “foreign schools” able to use the Latin-script and the Moldovan curriculum, but only on the basis of an “inter-state” agreement between Chisinau and Tiraspol. Neither option provided for a mutually acceptable solution. In summer 2004, Transdniestrian de facto authorities forcefully closed four schools in Bender, Ribnita and Tiraspol. Some parents and teachers were arrested, and school buildings were confiscated and school property damaged. In other cases, parents and students blockaded themselves in their school buildings to avoid closure of the school. After strong condemnation by the international community, the Transdniestrian de facto authorities withdrew from the schools’ premises, and both Sides returned to the negotiating table. Ultimately, five of the six schools on Transdniestrian-controlled territory received permanent registration in 2005 as non-state general educational institutions with the agreement in their charters that their curriculum would be co-ordinated by the Sides. Soon afterward, a mutual curriculum and textbook review was undertaken and licensing procedures were discussed by experts from the Sides. However, all expert meetings ceased in 2006 and were only resumed in 2012. In the meantime the situation of the eight schools in question developed in a specific manner in each case. Main issues of concern remained, though to varying degrees: rental contracts and conditions of premises, freedom of movement, transport of goods, health, safety and sanitary inspections, declining student populations, pressure or intimidation on parents and teachers, legal status, and the specific situations of the property in Ribnita and the schools formerly located in Grigoriopol and Dubasari. Generally, problems reported in the past associated with the active interference of the Transdniestrian de facto authorities in the activities of the schools have decreased significantly, especially after the change of leadership in Tiraspol at the end of 2011. The schools report that cases of intimidation and pressure, interference during public ceremonies at the beginning and end of the school year (“First Bell” and “Last Bell”), and restrictions in the freedom of movement for students across checkpoints are substantially less than in prior years. Second, in addition to less interference, some schools report that the relationship with the de facto authorities has become more constructive on certain issues of past concern. This appears to be due to a pragmatic approach