What does “refugee status” mean?

Refugee status is a form of protection, recognized by the Republic of Moldova, of a foreign national or stateless person who meets the conditions set out in the Convention relating to the Status of Refugees, concluded in Geneva on 28 July 1951, and in the Protocol on the Status of Refugees of 31 January 1967[1].

[1] Art.3 of Law no.270/2008 on Asylum in the Republic of Moldova;

How do refugees differ from other migrants, asylum seekers or internally displaced persons?

Refugees leave their country of origin due to credible threats of danger or persecution and because they are not protected by their own Government. Migrants, on the other hand, can leave their country for any reason, such as employment, family reunification or education. Migrants remain under the protection of their own Government, even if they are abroad. Whereas refugees are protected by international law, migrants are subject to the country-specific rules where they migrate.

What are the rights and obligations of refugees do have under international law?

Refugees have the right to a form of asylum and the right not to be returned for possible persecution in their country of origin. According to the 1951 Geneva Convention, refugees enjoy the basic rights that belong to any other foreigner in the host country, in particular, to practise their religion, to access education and to move independently. Refugees should respect the laws of the country that accepts them. Sometimes arrivals of refugees can be sudden
and at large-scale. In this regard, according to the provisions of the Government Decision nr. 21/2023, the Government of the Republic of Moldova has decided to grant temporary protection to displaced persons from Ukraine as of 1 March 2023. The beneficiaries of
temporary protection have the following rights: to remain on the territory of the Republic of Moldova; to work; to have access to accommodation; to have access to primary and emergency health care services; to have access to general education for minors and to benefit from social inclusion measures.

What rights and obligations refugees do have under the national regulatory framework?

The provisions of the legislation of the Republic of Moldova apply to applicants for a form of protection without discrimination, regardless of race, citizenship, ethnicity, language, religion, political affiliation, social status, beliefs, sex, sexual orientation, age[1]. Accompanied or unaccompanied minors seeking a form of protection are protected and receive appropriate assistance to enjoy all the rights recognized by the UN Convention on the Rights of the Child and other international human rights instruments to which the Republic of Moldova is a party[2]. Unaccompanied minors shall be subject to measures for the protection of children at risk and children separated from their parents, under the legislation in force in the Republic of Moldova.

[1] Art.10 of Law no.270/2008 on Asylum in the Republic of Moldova;

[2] Art. 14 of Law no.270/2008 on Asylum in the Republic of Moldova;

Are you a refugee from Ukraine on the territory of the Republic of Moldova and do you consider that your rights have been violated by representatives of national authorities or other organizations regardless of the legal form and type of property?

Notify the People’s Advocate or the People’s Advocate for Children’s Rights about the actions or inactions of national authorities or other organizations regarding the violation of human or child rights and freedoms, both when crossing the border and during the period of stay or residence in the Republic of Moldova.

Who is the People’s Advocate and the People’s Advocate for Children’s Rights?

They are persons appointed by the Parliament of the Republic of Moldova to ensure the observance of the fundamental rights and freedoms of man or child on the territory of the Republic of Moldova. The Ombudsmen shall ensure that actions, as well as acts issued by public dignitaries, civil servants, and representatives of institutions with private status, do not admit to violations of human or child rights.

Jurisdiction of examining applications by the People’s Advocate and the People’s Advocate for children’s rights

People’s Advocate examines the applications for decisions, actions or inactions by public authorities, organizations and undertakings, regardless of the type of ownership and legal form of organization, non-profit organizations and persons with positions of responsibility at all levels, which in the petitioner’s view violated human rights and freedoms. 

People’s Advocate for children rights examines the applications of children or applications submitted in their interests, concerning decisions, actions or inactions of public authorities, organizations and enterprises, regardless of the type of ownership and legal form of organization, non-profit organizations and persons with responsibilities at all levels, which in their view seriously affect the realization of their rights and freedoms.

 What should the application to the People’s Advocate or the People’s Advocate for children’s rights include?

• Personal data > your name, surname or name of the person/child in whose interests you are requesting, would help us to interact.    
• Contact details > domicile/place of residence, postal address and/or e-mail address and a telephone number would allow us to have more active communication.·       
• A brief description of the circumstances of the case > it is very important to communicate to us the name of the authority and/or the personal data of the person in charge who in your opinion would have admitted a possible violation; Do not hesitate to report in what way or circumstances the actions and/or inactions of the authority/person in charge were admitted, which led to the restriction of the right, or it allows us to obtain details that will facilitate the process of finding the violation of human/child rights.
• Signature and date of preparation > are essential to indicate them, or thus confirm our agreement to act in your interests.

!!! Important: if the problem reported by you, you have previously reported it to other authorities, being subject to examination, please inform us as well, enclosing, in copy, the answers issued by them. If the address to other authorities remained unanswered, attach a copy of the application with the registration number and the date of address, so that we would waste less time collecting the preliminary information necessary to examine the claims.

!!! Attention: The People’s Advocate and the People’s Advocate for Children’s Rights can also be informed on the abusive actions or inactions of the international organizations’ representatives, admitted at the time of crossing the state border or during the period of stay on the territory of the Republic of Moldova, which in your opinion, lead to an obvious limitation of human or child rights and freedoms.

You need to know, that:

• within 10 days, from the moment of receiving the application, you will be informed about the acceptance, rejection or submission for examination of the application to other authorities; 
• the decision to reject the application cannot be challenged; 
• repeated application concerning the same persons and facts is accepted for examination, only in case of new circumstances.

You can notify the People’s Advocate and the People’s Advocate for children rights to the following addresses and telephone numbers:

Chișinău Municipality, 16 Calea Ieșilor 11/3 

tel. 06 000 26 57; 0(22) 234 800

Child’s Phone (FREE)

Tel. 0 800 11116

If you are out of time, notify us electronically:

e-mail: secretariat@old2.ombudsman.md

web: www.ombudsman.md/cererea-on-line/

to the department depune cerere online (submit an online application)

We are present and regionally: