During the round table from the 12th of September 2007, were experts from UNICEF participated, the representatives of the Centre for Human Rights and the Parliamentary Commission for Human Rights Protection, the creation of the institution „Child’ Lawyer” was decided.
The study for evaluation of the residential institutions from Moldova for the re-organisation of the protection of the children was elaborated and the National Strategy and action plan on the actions for reforming the residential system fror child care for the years 2007-2012 was developed and approved. These documents foresee the decrease of the number of children that are in residential institutions by 50 per cent, by developing certain alternative institutions and services: houses for children of family type, tutory services, professional parental assistance and day centres.4 The Government adopted the Decision on the minimal Standards of quality for care, education and socialisation of children from the residential institutions.
The Parliament adopted the Law for amending the Law on state social allocations for certain categories of citizens. According to these amendments, the subsidy for home care of a disabled child was increased: from 150 – 200 lei (II degree); from 200- to 300 lei (I degree).
The Family Code was revised (Law on amending the Family Code no.1340XVI of 30.06.2005), and art.142, art.143 and 146, that foresee the conditions for protection of the children that are in development or social difficulty, by form of tutor or curator assistance.
In June 2006 the Parliament ratified the Penal Code and the Code for Penal Procedure, (Penal Code art.70, 75, 79, Code for Penal Procedure art.109, 166, 277 and other). The objective of the amending Law is to reduce the general maximum punishment with imprisonment from 15 years to 12 years and 6 months, as well as the increasing of the constraining measures with educational character and community service for a significant number of crimes.
In order to ensure the respect of children rights the implementation of the Programme for Cooperation UNICEF – the Government of Moldova (2002-2006) is continuing and stimulates the implication of the civil society, as well as the increase of the contributions of the international institutions and especially of the programmes and funds from the UN, UNDP and UNICEF system, in the implementation of the Convention for Child Rights and promotion of the state policy in this field.
In order to specialise the judges that examine the case that involve minors, within the Centre for Training of the Judicial Staff, the Institute for Penal reforms with the support of UNICEF organised a number of training seminars.
Juvenile Justice As a result of the regional forum “Juvenile Justice in Est and South-Est Europe” that was organised in September 2005, a regional network in the field of juvenile justice was created that contributes to the exchange of experience and best practices, establishment of relations between the main factors that are involved in this process, as well as discussion of the actual problems that are being confronted in the national systems of juvenile justice from the South – Est Europe.
In may 2006, in Chisinau was created and is administrated by the Institute for Penal Reforms the European forum for Juvenile Justice.
Until now the Institute for Penal Reforms is promoting and implements the alternative punishment for detention and imprisonment for minors.
Starting with 2005 the Bar by the Institute for Penal Reforms, provided over 600 legal consultations for the minors that are in conflict with the Penal Law.
MSPFC (ex-MHSP) MoJ
Implement the relevant section in (Moldova’s) National Human Rights Action Plan
(NHRAP) for 2004-2008;
In the process of completion
The development of policies for protection of family and child protection was determined by the UN Convention on the children rights, the national Strategy on child and family protection, as well as the national and international tendencies in the area of child rights protection by providing assistance services and protection in the proximity of its family. Among the activities performed, the following should be mentioned:
Adoption by the Government of the minimum standards on care, education and socialisation of the child from the Centre for temporary placement;
Elaboration of the minimum standards for the care, education and socialisation of the child from boarding house type institutions;
Creation of the service “Maternal Centre” for the prevention of child abandoning and for assisting the mother-child couple in situations of risk;
Establishing of the subsidies value to 200 lei for the orphan children and without parents care – adopted or under the tutor/curator.
Amending the Regulation on the method of determination and payment of the subsidies for the families with children that provide an increase of the single subsidy at child birth in an amount of 800 lei.
Development of the framework regulation for the centre for assistance and social protection of the victims or potential victims of trafficking of human beings.
MoSPFC (ex-MoHSP) MoJ
8
Ensure equal treatment
Continue efforts to ensure the equality of men and women in society and economic life, based on non-discrimination
Thruought the President Decree nr. 400-IV from 29th of December 2005 was promulgated and putten into force the Law on “Adhesion of the Republic of Moldova to the optional protocol of the Convention of Elimination of all forms of Discreminations twords the women” adopted in NY on 6th of October 1999.
During the session of the Commetee on discrimination elimination twords the women, that took place in NY on 14-16th of august 2006, the Republic of Moldova representatives presented the second report on implmementation of the above mentioned convention.
Parliament of RM, on 9th of February 2006 adoped the law on ensuring the equity of chances between men and wemen, which ensures equal wrights as for man as for wemen in areas like policy, economy, social, cultural. In order toimplement this law was elaborated the national plan for “promoting the equqlity between human genders in society for the 2006 – 2009 perioud”, the national plan for promoting human gender equity in the society for the period of 2006 – 2009 was adopted by the Government Decision No.984 of 25th of August 2006.
By the Government Decision No.350 of 7th of April 2006 the nominal composition of the Governmental Commission for equity between women and men was adopted.
By the Government Decision No. 138 of 6th of February 2006 the draft law regarding the prevention and fighting against violence in the family was adopted, and on the 20.07.2006 this law was adopted in the first reading in the Parliament. In march 2007 the law regarding the prevention and fighting against violence in the family was discussed in the second reading in the Parliament.
Thru Govermnet Decision nr.895 from 7th of august 2006 was adopted the regulation of the governamental decision for ensuring the equality between the wemen and men. In 2006 took place three meetings of this Comision.
Thruought the law nr. 87-XVIfrom 20.04.2006, was ratified the nr. 183 Convention of the International Organiation of Labour, regarding the review of the convention on protection of the motherhood, from 1952, adopted la the Geneva on 15th of june 2000.
Within the project “role of the NGO’s in the process of implementation of the law on insuring the equal treatment of the wemen and men” implemented by the experts of the gender centre in cooperation with Ministry of Social Protection, Family and Child, in the prioud January – June 2007 was made a study on “monitoting and implementation of the law on on insuring the equal treatment of the wemen and men” and the National plan in the same area for the period 2006 – 2009, as well was prepared a report on this issue.
During 29th of November – 1st of December 2006 took place the Expert Commete on gender quality of the Council of Europe.
Ministry of Social Protection, Family and Children participated at the 37th reunion of the Director commete of equality between men and wemen, of the Council of Europe, that took place in Strasburg, France.
In march 2007, by the Moldovan Parliament was adopted in the second lecture the law regarding Prevention and fight of the violence in family. At the moment this law is at examination in the Parliament Commision for social protection, family, public health.
Ministry of Social Protection, Family and Child in cooperation with NGO “Gender – Centru” made a study and elaboratead a report on “system if identification, registration, and reporting of the cases of violence in the family agains children”.
In the field of prevention and fighting of the human being traffic:
Was elaborated and approved by thru Governamental Decision nr. 1362 from 29.10.2006 the regulation on organization and function of the centres for assistance and protection of the human traffic victims.
In January 2006, in cooperation with Initernational Migration Organization was lunched the national system of reference for social protection and social assistance of the victims and potential victims of the human traffic”. On this issue were organized 5 seminars that were addressed to deputy presidents responsible for social issues and multidisciplinary teams from 5 rayons where were implemented the National Reffering Sistem.
In 2007 was elaborated the Strategy of the National Sistem of Reference that are at the moment innthe process of avisation at the national Ministries, also the positive experience gained in the 5 rayons was disseminated to other 7 rayons and at the moment is finishing the traning process of the multidisciplinary teams for those 7 rayons.
MoSPFC (ex-MoHSP)
9
Ensure respect for the freedom of expression.
Ensure transparent relationship between the authorities and media institutions in line with Council of Europe recommendations; State financial assistance for media to abide by strict and objective criteria equally applicable to all media;
In the process of completion In the area of mass media in Moldova, it is considered that this should be consolidated in order to obtain the level of desired independence. At the moment we deal with the improvement of the professional level of journalists form Moldova. European and national experts are reporting cases in which more then one mass media companies are facing financial problems. Based on this fact the independence of the mass media is under question mark even from the start.
Our opinion is that one of the most necessary actions in this matter is to provide more investments from the European media holdings in order to develop the mass media in Moldova. The art.66 of the ACC ensures the right of foreign investors to hold majority packages in the capital of radio emitters.
At the same time important initiatives were launched in the area. The ACC sessions are held jointly with the representatives of the mass media.
Seven centres for monitoring were created, three out of which are fully functional and other four are in search of personnel in order to commence the activity. The result of the audiovisual monitoring from the centre of the republic are subject to cases of violation of the rules set by ACC. Based on the monitored result, consultations for information and coordination of the radio emitters are organised.
During the last years, the Government in partnership with the civil society from Moldova and a number of EU Member States, especially Baltic states, implemented a number of projects for the development of the mass media in Moldova.
An important activity was made within the Working group in the area of mass media created by the Stability Pact for South- Est Europe.
Study visits of the journalists from Moldova were organised to Lithuania, for exchange of experience with the Lithuanian colleagues.
In partnership with the Association for Independent Press from Moldova, round tables for informing the journalists about the Moldova’ relations with the European Union and the implementation of the European Union/Moldova Action Plan are continuously organised.
The Ministry of Foreign Affairs and European Integration launched the contest for identifying the journalists that are dealing/following the European Union integration problematic. The winners of this contest will be awarded with prices in form of study visits and profound training in the European Union member states in the field of journalism.
The Government is examining and in the near future will adopt the Communication Strategy that has the objective to improve the communication and cooperation of the public authorities with the civil society and local media on the European Union integration aspects.
The ex-governmental newspapers “Moldova Suverana” and “Nezavisimaia Moldova” were privatised starting with January 1st 2007.
Cases of intimidations of the journalists were not registered. Still there are to be mentioned cases when the journalists that were working to reflect several unauthorised protest manifestations were arrested by the police. After clarifications and identity identification they were released, with apologies from the officials of the police.
Starting 1st of January 2007 the Government is not financing any newspaper. Unfortunately we register the direct financing of the press from Moldova by the Governments of other states. In these conditions, the beneficiaries of the funds do not publish the source of their incomes, which is a violation of the legislation in force on the functioning of press in Moldova.
In order to improve the services of the National Public Television Company, certain relations were recently established with the Estonian respective institutions. We hope in the near future to launch common projects for receiving the experience of the public audiovisual of the Estonia.
The report for the year 2006 of the International Non-Governmental Organisation “reporters without frontiers”, at the chapter freedom of press, to Moldova are given 19,17 points. Hereby, Moldova according to the evaluation reports of international experts is placed on 85th place in the world chart, before Georgia (place 89), Ukraine (106) and Russia (place 147). In conclusion, if making reference to the report of the “reporters without frontiers” Moldova is placed on the top of the chart in the list of the NIS countries regarding the freedom of press.
ACC
Put in place and implement appropriate legal framework guaranteeing the freedom of
expression and of the media, in line with European standards and on the basis of the recommendations of the Council of Europe.
In the process of completion The draft Constitutional Law for amending the art. 32 par (3), that ensures the freedom of expression in political matters, was developed in accordance with the art.10 of the Convention for the protection of the human rights and fundamental freedoms.
On 27th of July 2006, the Parliament after consulting the civil society and mass media, as well as taking into consideration the recommendations of the CoE and OSCE, adopted the Law no.260-XVI on the Audiovisual Code.
According to the provisions of the art.48 of AC, in order to perform its competences, the ACC developed its statute and the structure, as well as the territorial structures for monitoring, foreseen by the statute, that were later on adopted by the Parliament Decision no.433, in force from 28.12.2006. The ACC developed recommendations for amending the legalisation on the radio emitters that are funded and financed by the local public administrations.
After public debates, the Regulation on the implementation and observance of the AC was adopted, and now it is presented on the web site of ACC.
During the implementation of the AC the existing legislative gaps in the area of publicity are evaluated. At the end of the year 2007, these will systematised and proposed for amendments to the relevant legislative bodies.
Amend Law on assemblies to bring it in line with the requirements of the European
Convention on Human Rights;
In the process of completion In order to adjust the Law to the provisions of the European Convention on Human Rights, within the Ministry of Justice the international practice in the area was examined, namely the Bulgarian, Estonian, Finish, Georgian, Croatian, Lithuanian, Russian, Romanian, American and Dutch. As a result of the examination and analysis of the international practices the Ministry of Justice decided to develop, a new edition of the Law on assembly. On 3rd of July 2007, a round table was organised with the participation of the civil society, with the objective to propose optimal solutions for the substance of the draft. During the first meeting the composition of the working group was decided, having as members’ representatives of the NGOs and consultants from the ministry. The main objective of the group was to decide on the concept and main problems of the draft Law. The group is having regular meetings, at least twice per week, and works article by article.
The draft Law on assembly was sent on 21.08.2007, for review to the relevant institutions. In order to improve the collaboration with the civil society, the draft Law on assembly was sent for review to a number of NGOs: “Association for a Participatory Democracy – ADEPT”, “The Euro-Atlantic initiative – Generation 2002”, “Amnesty International Moldova”, “Promo-Lex”, “The Resource Centre for Human Rights”, “Helsinki Committee for Human Rights from Moldova”,” National Centre for Assistance and Information of NGOs – Contact”; “Hyde –Park”. Also the draft Law was sent for expertise to OSCE office for Democratic Institutions and Human Rights, in Warsaw. At the present moment the draft is being consolidated on the base of the recommendations received and after finalisation will be sent to the Government for Review.
Parliament
Effective dialogue between the different political forces of the country, following
recommendations by the Council of Europe and making full use of the opportunities
offered under their auspices;
In the process of completion
An efficient dialog was set up between the political forces in the state, especially regarding the fulfilment of the strategic objectives of European Union Integration and Reintegration of the Country. In this context, the Parliament adopted in March and June 2005 two Declarations.
In the process of completion The Law on NGOs was amended according to the recommendations of the Council of Europe.
Ministry of Foreign Affairs and European Integration signed a Memorandum of partnership with more then 20 NGOs for the fulfilment of the objective of European Integration.
At the same time many round tables of the social partners, public administrative authorities, representatives of mass media were organised in Chisinau, as well as in other regions of the republic, especially with the assistance of the European Interactive Centre “Pro-Europe”. The objective of these round tables was to develop a platform for constant dialog between the Moldovan citizens at all levels. In the framework of the Project “Developing the Civil Society”, implemented by the Ministry of Justice, with the support of UNDP, a hot line was created “ONG-INFO” for providing consultative assistance for the physical and legal persons on the necessary acts for registering of associations, funds, private institutions, periodical editorials and media agents, syndicates, patronages as well as for the restructuring of these. Hereby, a number of 3126 consultations were already provided. Also in the framework of the same project was organised, on 1st of June 2007, within the Ministry of Justice, a seminar with the generic “Registration of NGOs at the local level”, with the task to provide training for the responsible persons for registration of local NGOs. The MoJ continues to work on amending the articles of the Law on Assembly according to the provisions of the European Convention for Human rights and Fundamental Freedoms.
In order to improve the collaboration with the civil society, a round table was organised with the subject “Collaboration with the Civil Society”, during which the draft Government Decision on creating the Board for Consultations with the Civil Society was discussed. The Board will be a consultative body, without legal status, that will function by the Prime-minister’s office of the Republic of Moldova, ensuring the facilitation of the communication and implication of the civil society in the activities of the public administration. The representatives of the NGOs have examined the above mentioned statute of the Board and made certain recommendation, in written, that were taken into consideration at the finalisation of the draft.
Parliament
Government
MoJ
MoFAEI
11
Ensure respect for Trade Unions’ rights and core labour standards
Continue efforts to ensure Trade Unions’ rights and core labour standards in accordance
with European Standards and ILO conventions.
The rights of the syndicates according to the provisions of the Convention of the ILO.
On June 7th 2007 the Confederation of the Syndicates from Moldova (CFSRM) and the Confederation of Free Syndicates from Moldova (CFSRM) “Solidaritate” merged into the National Confederation of Syndicates from Moldova (NCSM). The merging congress approved the statute and elected the administration bodies of the NCSM.
12
Ensure international Justice through the International Criminal Court
Ratify the Rome Statute of the International Criminal Court and make provisions for the
necessary constitutional amendments foreseen thereto in the new draft constitution that is being elaborated by the Joint Constitutional Commission. Ensure its unhindered
