The People’s Advocate calls on state authorities, representatives of mediators and observers in the 5 + 2 format to apply diplomatic, legal or other measures, in accordance with international law, to ensure the realization of human rights and freedoms in the territorial administrative localities on the left bank of the Dniester and Bender municipality (Transnistria) under the conditions of emergency, so that the human rights restrictions are proportional to the situation that determines them.

 In a call to the Deputy Prime Minister for Reintegration, the representatives of mediators and observers in the 5 + 2 format, the People’s Advocate, Mihail Cotorobai, expressed his concern about the implementation by the leader of Tiraspol, Vadim Krasnoselsky, by the decree No. 123 of March 30, 2020, of some mechanisms of management of the state of emergency, which, in the opinion of the People’s Advocate, are disproportionate and contrary to the international standards in the field of human rights.

Thus, during the state of emergency in the Transnistrian region, the right to free movement, the right to establish residence or domicile in any locality from the region, to leave, to emigrate and to return to the region may be limited; the right to work, to the free choice of work, the right not to be forced to work; the right to rest and to the normal working week established by law; the right to own and dispose of it.

The People’s Advocate mentions that international law allows emergency measures in response to significant threats, but the measures must be proportionate to the risk assessed, required and applied in a non-discriminatory manner. Exemptions from international law under emergency conditions should be used for legitimate public health objectives, and should not be used as a tool by which constitutional rules are imposed by different rules to maintain hostages in the region.

The People’s Advocate urges the state authorities, representatives of mediators and observers in the 5 + 2 format to apply diplomatic, legal or other measures, which are in their power and are in accordance with international law, to ensure the realization of human rights and freedoms in the territorial administrative localities on the left of the Dniester and the municipality of Bender (Transnistria) under the conditions of emergency, so that the human rights restrictions are proportional to the situation that determines them.

The Ombudsman considers that the external dialogue platforms to which the position of Chisinau, of the internationally recognized partners, of the international organizations to which the Republic of Moldova is a part, as well as, the 5 + 2 negotiation format, can become the platform of cooperation between national authorities, external actors relevant, the representatives of the mediators and observers who can contribute to mitigating the effects generated by the unjustified restrictions brought to human rights and freedoms by the decision-makers from the Transnistrian region under the conditions of emergency.

In the endeavor is mentioned that the People’s Advocate maintains a direct dialogue with the people living in the territorial administrative localities on the left bank of the Dniester and Bender municipality. The civil society, as well as with the human rights representative from Transnistria.  Thus, recently, in the context of the situation created following the spread of COVID-19 in the Republic of Moldova, the Ombudsman addressed the human rights officer with the urge to contribute to solving the problems arising in the context of actions related to the prevention and combating of new type of Coronavirus, in particular related to ensuring the access of people to the workplace, the place of life, to the banking institutions on both banks of the Dniester, to the centers of family physicians, as well as to the goods of basic necessity (food, medicines). 

Also, in a endeavor submitted to the Minister of Justice, from March 25, the People’s Advocate proposed convening the meeting of the Working Party on Human Rights in the process of regulating the Transnistrian problem, to discuss the alleged violations of human rights and the problems faced by the people with the residence on the left bank of the Dniester, in the context of combating measures of COVID-19. The Ombudsman’s proposal was not accepted by the Ministry of Justice because the meetings of the Sectoral Working Groups, according to the negotiation principles and procedures, are held only at the headquarters of the OSCE Mission in Moldova, and the organization is currently quarantined.

Address_Minister_Reintegration_concerns_observance_HR_Transnistria 

Letter to Human Rights Commissioner from the Transnistrian region

2020 04 08

Department of human rights promotion

and communication

of the People’s Advocate Office

Tel.: 060002656