Advance Unedited Version
Republic of Moldova
National Periodic
REPORT
On the Implementation of the International Covenant on Economic, Social and Cultural Rights in the Republic of Moldova
Chisinau, 2008
1
Advance Unedited Version
CONTENTS
Foreword 5
A: Section of the Report that describes the general provisions of the Report 5
FIRST PART 6
ARTICLE 1 6
SECOND PART 6
Article 2 6
B: The Section of the Report, which relates to specific rights. 15
THIRD PART 15
Article 6 15
1. ILO Conventions 15
2 (a) Employment policies 16
(b) Job creation. 21
(d) Professional and technical education 25
Article 7 28
1. ILO Conventions 28
2. The remuneration policy 28
3. Equal opportunities 33
4. Gender legislation 33
5. Limitation of the working time. 34
6. Right to employment 39
7. International Assistance 40
ARTICLE 8 40
1. ILO Conventions: 40
2. The rights of the trade unions 41
ARTICLE 9. 45
1. ILO Conventions 45
2. Categories of social insurance 45
4. Budget financing 55
5. Right to social insurance 58
6. Beneficiaries of social insurance 59
7. Legislation in the field of social insurance 60
8. Foreign relations 60
Article 10 61
1. International conventions 61
2. Family 62
3. Children age 62
4. Family assistance and protection 63
5. Maternity protection 63
6. Protection and assistance of children and teenagers 68
7. Amendments to legislation 72
8. External relations 75
Article 11 75
1. Level of living 75
2. Right to adequate alimentation 77
3. Right to adequate housing 88
4. Setting the level of the rent and supplementary accommodation for housing 93
ARTICLE 12 98
1. Physical and mental health of the population 98
2. The health policy 98
3. The health budget 100
4. Demographic indicators 100
5. Measures to improve health 101
6. Health of the elderly 106
7. Primary healthcare services 107
8. Measure undertaken in the field 107
9. International relations 108
1. Right to education 109
2. Ensuring full enjoyment of the right to education 111
3. The level of literacy 117
4. Budgetary financing 117
Article 14. 118
Article 15 118
1. Right to cultural life 118
2. Right to scientific progress 123
3. Measures of implementation of the right to scientific progress 125
4. Development and promotion of science and culture 126
5. Freedom of scientific research and creation 127
6. Legislative measures in the field of science and culture 129
ANNEX 1 131
A. Tables 131
Table 1 Economic and social indicators 131
Table 2 Economically active and employed population, unemployed and in dynamics 135
Table 4. New jobs created in the national economy and placement of the unemployed by the workforce employment agencies 136
Table 5 Professional training of the unemployed during 2000-2007 136
Table 6 Expenditures for professional training in 2000-2007 137
Table 8 The amount of the minimal unitary salary for the 1st qualification category of employees from the financial autonomous units during 2002-2007, lei 138
Table 10 The dynamics of the minimal salary and the average monthly salary of an employee in the national economy, lei 139
Table 11 Situation of the industrial accidents which took place during 2000-2006 139
Table 12 Situation of the industrial accidents during 2000-2006 140
Table 13 Number of economic agents and number of minors who worked during 2001-2007 141
Table 14 Aid offered to children with families 141
Table 15 Indicators of poverty during 2000-2005 , 142
Table 16 Number of certificates issued to immigrants in accordance with the established quota, persons 142
Table 17 Characteristics of immigrants according to the origin country and the aim of immigration in 2007 142
Table 18 Indicators of the labour market in the rural areas 143
Table 19 Presence of engineering equipment and systems in the housing fund, (in %) 143
Table 20 Indicators of healthcare assistance financing, 2003-2007 143
Table 21 Life expectancy at birth of the population of the Republic of Moldova, years 1995-2006 144
Table 22 Main demographic indicators 144
Table 23 Mortality indicators for years 2001-2007 145
Table 24 Indicators of the pre-schooling institutions during 1998-2006 145
Table 25 Pre-schooling institutions, on forms of property 145
Table 26 Primary and secondary general educational institutions on average 146
B. Figures 147
Figure 1. The dynamics of the ratio of activity of the population, 2000-2007 (%) 147
Figure 2. The dynamics of the unemployment rate based on place of residence for years 2004-2007 147
Figure 3. The structure of the State Social Insurance Budget in 2007 147
Figure 4. Dynamics of public expenditures for the social sector in 2008-2010 ( % of GDP ) 148
148
Figure 5 Poverty levels based on place of residence (%) 148
Figure 6. Consolidated Healthcare Budget 149
Figure 7 Dynamics of the number of pupils in the primary and secondary general 150
education 150
Figure 8. Budget Allocations for Science 150
ANNEX 2 151
Observations to the FIRST PART 158
Comments for paragraph 3 158
Comments for paragraph 6 159
Comments for paragraph 22 167
Comments for paragraph 23 170
Comments for paragraph 32 172
Comments for paragraph 33 180
Comments for paragraphs 34-35 183
Comments for paragraph 39 187
Comments for paragraph 41 189
Comments for paragraph 42 190
Comments for paragraph 43 191
Comments for paragraph 50 200
Comments for paragraph 51 202
1
Advance Unedited Version
Foreword
1. In accordance with the provisions of the International Covenant on economic, social and cultural rights and following the recommendations on the form and contents of the periodic reports of the States Parties, and taking into account the provisions of the Decision of the Parliament of the Republic of Moldova on the approval of the National Human Rights Action Plan for years 2004-2008, no. 415-XV from 24 October 2004, and the Governmental Decision on the National Committee responsible for the approval of the initial and periodic Reports no. 225 from 01 March 2006, herewith is the second periodic Report on the implementation of the International UN Covenant on Economic, Social and Cultural Rights in the Republic of Moldova for years 2001-2007.
2. The initial Report of the Republic of Moldova, developed on the basis of article 40 of the International Covenant on Economic, Social and Cultural Rights was presented to the UN Committee in November 2001.
3. This Report contains information on the implementation of the provision of the Covenant from 2001 until 2007 and was developed in accordance with the general provisions of articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights with regard to the form and contents of periodic reports, which have been established by the Committee on economic, social and cultural rights, including other recommendations previously adopted by the Committee.
4. Special attention was paid to the recommendations presented by the Committee on the basis of the evaluation of the initial Report of the Republic of Moldova (for further details please consult E/C. 12/1991/1./ Basic Reference Document from 17/06/91).
A: Section of the Report that describes the general provisions of the Report
FIRST PART
ARTICLE 1
1.Information about this paragraph may be found in the Initial Report.
2. Article 127 (3) of the Constitution of the Republic of Moldova and articles 296 of the Civil Code of the Republic of Moldova, no. 1107-XV from 06.06.2002, provides for that public property is owned by the state or administrative territorial units, being mentioned that any type of natural resources, the air space, waters and forests used in public interest, natural resources of the territorial waters and the shelf, are subject exclusively to public property. The Parliament of the Republic of Moldova is empowered to adopt the main directions of the external economic activity (Art.129).
The legislation of the Republic of Moldova sets civil, administrative and criminal liability for persons responsible for the violation of the legislation on natural resources.
As a result of the impossibility to ensure the territorial, legal and economic integrity of the country (the Transnistrian region), the efficient management as well as conservation of natural resources, protection of the environment, coherent application of management instruments of natural environments is very difficult „in the conflict region on the left side of the Nistru river, where de facto the jurisdiction of the Republic of Moldova is not applicable”.
3. Republic of Moldova does not hold responsibility over the administration of non-autonomous territories and territories under protection. According to articles 110 of the Constitution (1) from the administrative point of view the territory of the Republic of Moldova is organised, in villages, cities, raions and the autonomous territorial unit Găgăuzia. (2) The settlements on the left side of the Nistru river may be given special forms and conditions of autonomy in accordance with a special status adopted by means of organic law.
Detailed information on the transnestrian issue may be found in Annex no. 2
SECOND PART
Article 2
1.„(1) Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.”
The Constitution of the Republic of Moldova states that “…human dignity, its rights and freedoms, free development of the human personality, justice and political pluralism represent supreme values and are guaranteed” (Art.1, p.3).
Law no. 338 from 15.12.1994 on the rights of the child; Chapter 10 of the Family Code of the Republic of Moldova (Law no. 1316 from 26.10.2000),
Labour Code of the Republic of Moldova (Law no. 154 from 28.03.2003).
In order to ensure the implementation of these provisions, the Constitution offers all citizens the right to equality before the law and in their relations with public authorities, “notwithstanding the race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin” (Art.16, p.2).
Citizens of the Republic of Moldova, notwithstanding the sources of their citizenship, benefit equally of all the social, economic, politic and personal rights and freedoms, declared and guaranteed by the Constitution and other laws of the Republic of Moldova. “… The State is obliged to protect the legitimate rights and freedoms of the citizens of the Republic of Moldova; to ensure their legality in rights in all the spheres of economic, political, social and cultural life” (Law on citizenship of the Republic of Moldova, art.4, paragraphs 2 and 4).
The rights and obligations are ensured to foreign and stateless persons, with the exceptions provided by law (Constitution of the Republic of Moldova, art.19, p.1).
There is no separate legislative act in the Republic of Moldova on the exclusion of any form of discrimination. The national legal framework contains provisions inserted in different legislative acts that forbid discrimination based on race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin, or any other criteria which has as aim restriction or elimination of recognition, exercise under equality of the fundamental rights and freedoms or of rights recognised by law in the political, economic, social and cultural sphere or any other part of public life.
2. (2) The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Republic of Moldova ratified the International Convention on elimination of all forms of racial discrimination by means of Parliament Decision no.707-XII from 10 September 1991. The Convention is in force for the Republic of Moldova since 25 February 1993.
During the period between 2001 and 2007 Republic of Moldova undertook considerable efforts to harmonise interethnic relations and eliminate all forms of discrimination based on race, colour, national or ethnic origin.
By adopting the Law on the rights of persons belonging to national minorities and the legal status of their organisations, no.382-XV from 19.07.2001, an important chain of rights for national minorities has been established. According to the law, the state guarantees national minorities the right to equality before the law and equal protection before the law (any discrimination based on affiliation to a national minority is prohibited); contributes to the creation of necessary conditions for the conservation, development and free expression of ethnic, cultural, linguistic and religious identity of national minorities; allows the possibility of enjoyment of their right to education and training in their own language; contributes to the facilitation of humanitarian contacts of national minorities with their historical homeland. The State guarantees that the modification of the territorial administrative organisation will not be based on ethnic and demographic composition of the regions. Persons belonging to national minorities have the right to free use of their mother tongue, both in written and orally, to have access to information in this language, to disseminate it and to exchange information; the right to organise mass media, to publish literature in the language of national minorities; to determine their attitude towards religion; to celebrate their national holidays and commemorate their historical events, to participate in the exercise of the rituals of their nations, to use in particular their national symbolic; to use their family name, given name and patronymic, including in official acts, in the form accepted by the mother tongue.
In the Decision of the Parliament of the Republic of Moldova on the Approval of the National Human Rights Action Plan for the years 2004-2008, no. 415-XVfrom24.10.2003, a separate chapter was included which is dedicated to the guarantee of the rights of national minorities. The Action Plan provides for the preparations to ratify the European Charter of regional and minorities’ languages (2006); adjustment of the national legislation to the Charter standards; respect of the principle of proportionate representation in public bodies, in justice, police and armed forces; guarantee of teaching of Ukrainian, Bulgarian and Gagauz languages in the settlements where persons belonging to these national minorities constitute a significant part of the population; researching the problems related to teaching the Roma language in some educational institutions etc.