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TITLE: MOLDOVA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
MOLDOVA
Moldova, independent from the Soviet Union since 1991, adopted
a new Constitution on August 27 which provides for a multiparty
representative government with power divided among a directly
elected president, the Cabinet, Parliament, and the judiciary.
The first multiparty elections were held in February;
independent observers considered them generally free and fair.
The Democratic Agrarian Party achieved a slight majority and
formed the new Government with Andrei Sangheli as Prime
Minister, a post he has held since 1992.
The Ministry of Internal Affairs has responsibility for the
police, who continue to employ beatings in dealing with some
detainees and prisoners. The Ministry of National Security
controls the security organs. The Constitution assigns to
Parliament the authority to investigate the activities of these
Ministries to ensure they comply with legislation in effect,
and it did so on several occasions. There are credible
accusations that security forces monitor political opposition
members and use unauthorized wiretaps. Opposition parties
claimed that Security Ministry officials in some cases
interfered with opposition activities during the election
campaign. No public investigation of these charges took place.
Moldova made considerable progress in economic reform in 1994.
A privatization program based on vouchers issued to all
citizens is under way. Approximately 35 percent of enterprises
will be privatized for vouchers. However, the economy is
largely based on agriculture, and agricultural privatization
continues to lag behind. Approximately 75 percent of
collective farms have become joint stock companies, with
ownership documents being issued to collective farmers. In
addition, over 12,000 Moldovans have claimed land and are
farming privately.
The new Constitution improved protection for basic human rights
but incorporated language potentially limiting the activities
of political parties and the press, especially Article 32,
which forbids "contesting or defaming the State and the
people," and Article 41, which declares unconstitutional
parties that militate against the sovereignty, independence,
and territorial integrity of Moldova. Interethnic relations
improved as the new Parliament delayed the implementation of
the controversial testing for competence in the state language
Romanian (Moldovan), which many members of the minorities do
not speak. The new Constitution guarantees parents the right
to choose the language of education for their children,
addressing another minority concern. Based on evaluations from
the Council of Europe and the Conference on Security and
Cooperation in Europe (CSCE), the Parliament liberalized the
restrictive draft press law under consideration, addressing
many of the concerns of journalists regarding the initial
draft. A draft "concept" of judicial reform, which would
strengthen judicial independence, was approved, but many new
laws needed to implement the concept were not enacted in 1994.
Moldova remained divided, with mostly Slavic separatists still
controlling the Transdniester region. This separatist
movement, led by a pro-Soviet group, entered negotiations with
the Government on the possibility of a special political status
for the region. Progress was blocked, however, by the
separatists' demands for "statehood" and the creation of a
confederation of two equal states. The CSCE and the Russian
Federation acted as mediators. There are continuing credible
reports that Transdniester authorities committed human rights
abuses, although the scale of serious abuses is much smaller
than in 1992. The two sides generally observed the cease-fire
of July 1992, which ended armed conflict between them. In
December Parliament passed a law according increased local
autonomy to the region in the south inhabited largely by the
Gagauz (Christian Turkic) minority.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity
of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In the Transdniester region controlled by separatist forces, an
attempt was made in March to kill a controversial prosecutor,
Boris Lucik. Lucik's wife and bodyguard were killed in the
attempt, and Lucik was seriously injured. It is not known who
perpetrated the act; some sources accuse organized crime
groups, while others accuse political opponents within the
separatist regime. There were no other reports of politically
motivated killings. Information from the Transdniester region
is, however, limited.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no allegations of torture of civil or criminal
prisoners by Moldovan authorities in 1994, but there were
credible reports that police sometimes beat prisoners or
suspects in their custody.
In the Transdniester region, four Moldovans, whose trial was
criticized by international human rights organizations,
complained of mistreatment, including beatings and use of
psychoactive drugs by authorities. Their treatment improved
somewhat in 1994, and they were permitted more regular access
to their families. Two other members of this group were
released in 1994. One publicly stated that his evidence at the
trial implicating the others had been the result of beatings
and intimidation while in the custody of separatist authorities
(see Section 1.e.). The International Committee of the Red
Cross (ICRC), which visited Ilie Ilascu on two occasions (1992,
1993) in Tiraspol (Transdniester region), was denied the
possibility to repeat such visits, despite numerous
representations to the Tiraspol authorities.
Prisoners complained of extremely harsh conditions in prisons,
including inadequate sanitation, medical care, and food
supplies. Prisoners also reported, credibly, that jailers did
not intervene to prevent some prisoners from abusing others.
In September parliamentarians formed a special commission to
investigate charges of misconduct toward prisoners and
detainees.
d. Arbitrary Arrest, Detention, or Exile
The former Soviet Code on Penal Procedure remains in force with
some amendments. Prosecutors, rather than judges, issue arrest
warrants. Under the new Constitution, a suspect may be
detained without charge for 24 hours (previously, detention of
72 hours was permitted). The suspect is normally allowed
family visits during this period. The 72-hour time limit
appeared to be generally respected; it is too soon to judge
whether the new time limit is respected as well. 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 undertaking that the
accused will appear for trial.
Suspects accused of violent or serious crimes are generally not
released before trial. The Criminal Code permitted pretrial
detention for up to 18 months at the prosecutor's discretion.
The new Constitution permits pretrial arrest for an initial
period of 30 days, which may be extended to 6 months. Although
arrest warrants are still issued by a prosecutor, the accused
has the right under the new Constitution to a hearing before a
court regarding the legality of his arrest. In exceptional
cases, Parliament may approve extension of pretrial detention
on an individual basis up to 12 months.
According to the new Constitution, a detained person must be
informed immediately of the reason for his arrest, and he must
be made aware of charges against him "as quickly as possible."
The accused is provided the right to a defense attorney
throughout the entire process, and the attorney must be present
when the charges are brought.
e. Denial of Fair Public Trial
The independence of the judiciary has increased since the
dissolution of the Soviet Union. The draft "concept" on
judicial reform approved by Parliament moves toward further
consolidating this independence but still falls short of
providing a legal framework guaranteeing independence. The new
Constitution provides that the President, on the nomination of
an expert judicial body, the Superior Council 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. The fact that judges may not be removed
during their period of service should contribute to the
independence of the judiciary.
While the proposed judicial reform would establish regional
courts and an appeals court, the current structure has only two
levels: local courts on the city or district level, and the
Supreme Court, which acts as an appellate court. By law,
defendants in criminal cases are presumed innocent. In
practice, prosecutors' recommendations still carry considerable
weight and limit defendants' right to a presumption of
innocence.
Generally, trials 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 their cases. The accused
enjoys a right to appeal to the Supreme Court. In a number of
cases, decisions of the lower court were overturned on appeal.
Members of the Russian-speaking minority have expressed concern
that they will not receive equal treatment before the courts.
To date, no pattern of discrimination has emerged in the
judicial system. The new Constitution guarantees the right of
the accused to have an interpreter both at the trial and in
reviewing the documents in the case. If the majority of
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
have brought unjustified charges against individuals in
retribution for accusations of official corruption, or for
political reasons.
In 1994 a small group of former Russian army soldiers were
convicted of a series of auto thefts. Some ethnic Russian
groups alleged that they did not receive a fair trial and that
their treatment in detention and their sentences were unduly
harsh. The soldiers appealed their convictions, but the
Supreme Court let the sentences stand.
In the Transdniester region, four Moldovans, members of the
"Tiraspol Six," remain in prison following their conviction in
1993 for allegedly assassinating two separatist officials. Two
were released during 1994. International human rights groups
raised serious questions about the fairness of the trial, and
local organizations alleged that the Moldovans were prosecuted
solely because of their membership in the Christian Democratic
Popular Front, a Moldovan party that favors reunification with
Romania (see Section 1.c.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
According to the 1990 police law, prosecutors, rather than
judges, issue search warrants. There have been numerous
instances in which searches were conducted without warrants,
and courts do not exclude evidence that was illegally
obtained. There is no judicial review of search warrants.
The new Constitution specifies that searches must be carried
out "in accordance with 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.
Opponents of the Government continue to claim that security
forces monitored and harassed them, especially during the
election campaign. It is widely believed that the security
forces continued to use electronic monitoring of residences and
telephones in some cases, although confirmation of such
activities is lacking. 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 organs and
police and prevent them from using wiretaps illegally.
Section 2 Respect for Civil
Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is not abridged, and the print media express
a wide variety of political views and commentary. National and
city governments own most newspapers, but political parties and
professional organizations, including trade unions, also
publish newspapers.
Several independent radio stations began operation in 1994,
including at least one religiously oriented station. The
Government continues to control television (except for the
increasingly popular cable television stations) as well as the
major radio stations.
While the Government does not engage in censorship, journalists
complain that editors encourage them to soften criticisms of
government officials in order to avoid confrontation and
possible retribution. In 1994 the state-run Television and
Radio Company dismissed a number of employees, citing the need
to reduce staff in view of budget restrictions. Many
employees, alleging that they were dismissed for their
political beliefs, appealed to the courts and were reinstated.
Some press organs are making use of the new possibilities for
free expression. The city paper of Chisinau, for example,
published several articles critical of police activities; while
the Ministry of Internal Affairs responded with an angry and
critical rebuttal, there have been no reprisals by year's end
against the newspaper.
Parliament considered a new law on the press which journalists
strongly criticized because it would have limited their right
to criticize government policies. Although Parliament approved
the draft on the first reading, it later adopted a redrafted
version of the law taking into account recommendations from the
Council of Europe and the CSCE, although the draft retains
language forbidding "contesting or defaming the State or the
people" (restrictions also contained in the new Constitution).
This restriction appears to be aimed at journalists publishing
material in favor of reunification with Romania and questioning
the legal right of the Republic of Moldova to exist.
The Government does not restrict foreign publications. Western
publications do not circulate widely since they are very
expensive by local standards. Romanian and Russian
publications have also become rather more difficult to obtain
due to expense. Moldova receives television and radio
broadcasts from Romania and Russia.
In the separatist Transdniester region, the authorities cut off
financial support for two newspapers which had occasionally
been critical of some policies and formed a new "official"
newspaper. In the separatist "capital" Tiraspol, the
independent cable television station Asket came under pressure
from authorities, taking the form of attacks on the premises
and cut cables, because it broadcast reports critical of the
separatist authorities.
b. Freedom of Peaceful Assembly and Association
The law protects the right to peaceful assembly. The mayor's
office generally issues permits for demonstrations; it may
consult the national Government if the demonstration is likely
to be extremely large.
In 1994 the Government refused permission for opposition
parties to use the large central square in front of the
government buildings for several demonstrations. They issued
permits for a nearby park or other central locations instead.
Officials threatened to take one opposition leader to court
when a demonstration moved closer to the government buildings
than was authorized but took no action by year's end. In
October opposition parties demonstrated in the central square
despite the lack of permission; no action was taken against
demonstrators.
Private organizations, including political parties, are
required to register, but applications are handled routinely.
c. Freedom of Religion
The practice of religion is generally free. Parliament passed
a law on religion in 1992 which codified religious freedoms,
although it contained restrictions that could inhibit the
activities of some religious groups. The law guarantees
freedom of religious practice, including each person's right to
profess his religion in any form. It also provides for
alternative military service for conscientious objectors,
protects the secrets of the confessional, allows denominations
to establish associations and foundations, and states that the
Government may not interfere in the religious activities of
denominations. The law, however, also requires that religious
groups register with the Government in order to function and
that denominations obtain specific government approval to hire
noncitizens. The law also prohibits proselytizing.
Some Protestant denominations are concerned that the
prohibition on proselytism could inhibit their activities,
although many denominations hold large revival meetings
apparently without official interference. To date, the
authorities have taken no legal action against individuals for
proselytizing, despite a substantial amount of such activity.
Although Eastern Orthodoxy is not designated as the official
religion of Moldova in the law on religion, it continued to be
the strongest religious force and exerted significant
influence. The Government still refused to register the
"Metropolitanate of Bessarabia--Old Style," which broke away
from the Moldovan Orthodox Church, under the authority of the
Patriarch of Moscow, to adhere to the Romanian Orthodox Church
in 1992. The Government cites unresolved problems connected to
the new church's property claims as the principal reason it
cannot register the group. Priests who have joined this church
have credibly alleged that local authorities have sometimes
harassed them and have taken no action to prevent their
harassment by priests who remained loyal to the majority
church.
Protestant groups have increased their ties with coreligionists
abroad; foreign missionaries are also established in Moldova.
Eighteen denominations are registered and active in Moldova,
including Baha'i, followers of Krishna, and Jehovah's
Witnesses--groups that had been denied registration in the
past. The Salvation Army, however, has not been able to
register as a religious denomination because it does not meet
the requirement of having a Moldovan citizen as the
organization's legal head. It has also been unable to register
as a social organization.
The Jewish community, although small, remained very active in
1994. Jewish leaders report that their relations with the
Government and local authorities are cooperative. There were
no reports of organized anti-Semitic activities in 1994. In
the Transdniester region, Jewish leaders complained about
anti-Semitic statements made during official celebrations of
the separatist "republic" by an alleged Serbian nun, who gave
strongly nationalist speeches.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no closed areas or restrictions on travel within
Moldova. Moldovans generally were able to travel and emigrate
freely in 1994. During the first part of the year while old
Soviet legislation was still in effect, exit visas were
required and routinely issued. The requirement for exit visas
was lifted in July. Restrictions on emigration remain in
force, however, including the requirement to gain the
permission of close relatives in order to emigrate. The
Government may also deny permission to emigrate if the
applicant had access to state secrets. New legislation, passed
in November, retained these emigration restrictions. Such
cases, are, however, very rare, and none were reported in
1994.
Section 3 Respect for Political
Rights: The Right of
Citizens to Change Their
Government
Moldova held its first multiparty parliamentary elections in
February. International monitors from CSCE member countries
observing the elections deemed them generally free and fair.
Some observers, however, noted several problem areas, including
unequal access to the media and the use of state resources by
the dominant party.
The elections were based on straight proportional
representation, with a 4-percent threshold for entry into
Parliament. Four parties or blocs entered Parliament. The
Democratic Agrarian Party, the largest bloc in the former
Parliament, won 56 of the 104 seats. A coalition of the
Socialist Party and a minority rights organization called
Edinstvo (Unity) won 28 seats. The other seats are held by two
groups--the Peasants and Intellectuals Bloc and the Christian
Democratic Popular Front--which emphasize the importance of
increased use of the Romanian language in public life, closer
economic and cultural ties with Romania, and increased
privatization of agricultural land. Some members of these
groups advocate reunification with neighboring Romania.
The new Constitution provides for the division of power between
the popularly elected President, the Cabinet, 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. Most
of the mechanisms for manifesting this division of power,
however, remained untried by year's end. Parliamentary
elections are scheduled every 4 years, as are presidential
elections.
The new Constitution states that citizens are free to form
parties and other social-political organizations. A
controversial article states, however, that those organizations
that "militate against political pluralism, the principles of
the rule of law, or of the sovereignty, independence, and
territorial integrity of the Republic of Moldova, 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 September the prosecutor's office
suggested to the Ministry of Justice the "suspension" of the
activities of several parties until they brought their
platforms into line with the Constitution. In particular, the
prosecutor stated that the position of the Popular Front in
support of reunification was anticonstitutional, as was the
alleged support of the Unity party for the federalization of
Moldova. The Ministry of Justice rejected this view, and the
authorities took no further action in 1994.
The government press has also strongly criticized opposition
parties for campaigning in favor of amendments to the new
Constitution, particularly provisions identifying the local
language as "Moldovan" rather than "Romanian" and those
permitting the grant of special status to the separatist
regions. These parties continue to collect signatures to force
a vote on their proposed amendments.
There are a small number of female representatives in
Parliament. The Association of Moldovan Women, a
social-political organization, competed in the elections but
received less than 3 percent of the vote. Russian, Ukrainian,
Bulgarian, and Gagauz minorities are represented in Parliament;
debate takes place in either the Romanian/Moldovan or Russian
language, with translation provided. There are no restrictions
in law or practice barring the participation of women or
minorities in political life. However, the increasing use of
Romanian/Moldovan in official settings may present an obstacle
to those members of minorities who do not speak the state
language, and women are generally not well represented in
leading positions of political parties. Women hold 5 of the
104 parliamentary seats.
Section 4 Governmental Attitude
Regarding International and
Nongovernmental
Investigation of Alleged
Violations of Human Rights
Several local human rights groups exist in Moldova. The local
Helsinki Watch organization maintains contacts with
international human rights organizations, as does the Helsinki
Citizens Assembly, whose president is the chairman of the
parliamentary Human Rights Commission and leader of the
minority rights movement Unity. Human rights groups operate
without government interference.
The Government welcomed and supported the work of the CSCE,
which has a mission in the country to assist with finding a
resolution for the separatist conflict. The Transdniester
separatist authorities stated that they will cooperate with the
CSCE mission. However, after almost a year of negotiations,
they continued to refuse to permit CSCE representatives to
participate in all meetings of the tripartite commission
(Russian, Moldovan, Transdniester) which reviews violations of
the cease-fire agreement. They did, however, agree to permit
the CSCE to participate in about half the meetings, and they
allowed the mission improved access to the "security zone"
along the river dividing the separatist-controlled territory
from the rest of Moldova.
Moldova has cooperated with the ICRC in the past, permitting
visits to prisoners from the 1992 conflict (since released).
Section 5 Discrimination Based on
Race, Sex, Religion,
Disability, Language, or
Social Status
Women
The law provides that women shall be equal to men before the
law and public authorities. They are generally
underrepresented in government and leadership positions,
however, and, according to statistics, have been
disproportionately affected by growing unemployment.
Women who suffer physical abuse by their husbands have the
right to press charges; husbands convicted of such abuse may
receive prison sentences (up to 6 months is not uncommon).
Public awareness of the problem of violence in families
generally is not very high, and no special government programs
exist to combat spouse abuse. 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. Police generally do not consider spouse
abuse a serious crime, although, when cases do reach a court,
they appear to be treated seriously. Women and legal
authorities do not identify spouse abuse as a common problem.
Children
Moldova has extensive legislation designed to protect children,
including extended paid maternity leave and government
supplementary payments for families with many children. The
health system devotes extensive resources to child care. No
special problems with child abuse came to light in 1994.
National/Racial/Ethnic Minorities
Moldova has a population of about 4.3 million, of which 65
percent are ethnic Romanian 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. They are largely Russian-speaking and
represent about 3.5 percent of the population.
Moldova's citizenship law, adopted in 1990, offered an equal
opportunity to all persons resident in Moldova at the time of
independence to adopt Moldovan citizenship. The CSCE's Office
of Democratic Initiatives and Human Rights praised the law as
being very liberal. The law permits dual citizenship on the
basis of a bilateral agreement, but no such agreements were in
effect in 1994.
Several steps taken in 1994 led to an improvement in the
relations between Romanian/Moldovan and Russian speakers. In
March citizens participated in a "public opinion survey"
(actually, a referendum) in which they overwhelmingly voted in
favor of Moldovan independence. This quieted fears expressed
by the Russian-speaking population regarding reunification with
Romania, an alternative which is favored by a small minority of
Moldovan citizens.
The new Parliament voted to delay the implementation of the
language testing foreseen in the language law of 1989 and due
to begin in 1994. The principle inherent in the language law
is that, in dealing with any official or commercial entity, the
citizen should be able to pick the language to use. Officials
are therefore 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 all educated Moldovans speak both
languages), they argued for a delay in the implementation of
the law to permit more time to learn the language. Parliament
also decided to review the procedures for testing and the
categories of individuals to be tested. The new Constitution
guarantees the rights of parents to choose the language of
instruction for their children.
These changes, combined with increased efforts on the part of
the new Parliament and Government to improve interethnic
relations, led to an easing of tensions in 1994.
In the separatist region, however, discrimination against
Romanian/Moldovan-speakers increased. The regime continued its
insistence that all Moldovan schools in the region use the
Cyrillic alphabet only. (The Cyrillic script was used in
Moldova until 1989, since "Moldovan" during the Soviet era was
officially decreed to be a different language than Romanian,
which is written in the Latin alphabet. The 1989 language law
reinstituted the use of the Latin script.) Many teachers,
parents, and students have objected to returning to the
Cyrillic script. They believe it disadvantages the children,
who are less competitive for higher education opportunities in
the rest of Moldova or even Romania. They further object since
it is a return to one of the more oppressive and despised
policies of the pre-Gorbachev era. There were several student
strikes against the policy. Some teachers have reportedly been
threatened, and the regime has applied considerable pressure on
the schools. In response to actions by parents and teachers,
who blocked railroad tracks in Benderi (Tighina) to protest the
imposition of the Cyrillic alphabet, the separatist leaders
made some concessions on this issue.
People with Disabilities
While there is no legal discrimination against people with
disabilities, there are no laws providing for accessibility for
them, and there are few government resources devoted to
training people with disabilities. The Government does provide
tax advantages to charitable groups that assist the disabled.
Section 6 Worker Rights
a. The Right of Association
The 1990 Soviet law on trade unions, which was endorsed by
Moldova's then Supreme Soviet and is still in effect, provides
for independent trade unions. Moldovan 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 new Constitution further declares that
any employee may found a union or join a union which defends
his interests. However, there have been no known attempts to
establish alternate trade union structures independent of the
successor to the previously existing official organizations
which were part of the Soviet trade union system.
The successor organization is the Federation of Independent
Trade Unions (FITU). FITU's continuing role in managing the
state insurance system and its retention of previously existing
official union headquarters and vacation facilities provide an
inherent advantage over any newcomers who might wish to form a
union outside its structure. However, its industrial or branch
unions are becoming more independent entities; they maintain
that their membership in FITU is voluntary and that they can
withdraw if they wish. Virtually all employed adults are
members of a union.
FITU has insisted on the right to have union representatives
involved in the negotiations to set wages. It opposed
government measures to raise prices before back salaries were
paid. In the parliamentary elections in February, several high
union officials endorsed the small opposition Social Democratic
Party and ran for Parliament on that ticket. Some of the
member unions protested this decision, stating that they did
not support the Social Democratic Party and did not believe the
unions should support any party. These steps indicate that
FITU has begun to play a role independent of the Government and
the governing party.
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 very small-scale
labor actions in 1994 for payment of back wages, including
brief strikes by teachers at a police academy and employees of
a cement plant. Very high hidden unemployment and rising open
unemployment made workers concerned primarily about job
security.
Unions may affiliate and maintain contacts with international
organizations.
b. The Right to Organize and Bargain Collectively
Moldovan law, which is still based on former Soviet
legislation, provides for collective bargaining rights.
However, wages are set through a tripartite negotiation process
involving government, management, and unions. On the national
level, the three parties meet and negotiate national minimum
wages for all categories of workers. Then, each of the branch
unions 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 previous level. In 1994 bargaining on
the national agreement was not completed until July, since
management insisted on delaying negotiations until the new
Government was in place after the February elections.
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. This law has not been tested in Moldova.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Article 44 of the new Constitution prohibits forced labor. No
instances of forced labor were reported.
d. Minimum Age for Employment of Children
The minimum age for employment under unrestricted conditions is
18 years. Employment of those aged 16 to 18 is permitted under
special conditions, including shorter workdays, no night
shifts, and longer vacations. The Ministry of Labor and Social
Protection is primarily responsible for enforcing these
restrictions, and the Ministry of Health also has a role.
Child labor is not used in Moldovan industry, though children
living on farms do sometimes assist in the agricultural sector.
e. Acceptable Conditions of Work
The minimum monthly wage of $3.50 (13.5 Moldovan lei) was
raised to $4.50 (18 Moldovan lei) in July 1994. The average
wage of $20.25 (81 Moldovan lei) does not provide a decent
standard of living for a worker and family. The new
Constitution sets the maximum workweek at 40 hours, and the
Labor Code provides for at least 1 day off per week. Due to
severe budgetary constraints, the Government and enterprises
often did not meet the payroll for employees in 1994.
The State is required to set and check safety standards in the
workplace. The unions within FITU 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. In practice, however, the declining
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.
(###)
[end of document]
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