COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS THE REPORT OF THE REPUBLIC OF MOLDOVA
The Committee on Economic, Social and Cultural Rights today concluded the consideration of the third periodic report of the Republic of Moldova on its implementation of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Viorica Dumbraveanu, Deputy Minister of Health, Labour and Social Protection of the Republic of Moldova, noted that, despite economic difficulties, the country had managed to make significant steps in promoting economic, social and cultural rights. She highlighted the adoption of a law on equality which had set the legal framework for preventing and combating discrimination and ensuring equality of all persons in the country. The Republic of Moldova had adopted the 40 per cent quota of both sexes in the lists of candidates for parliamentary and local elections in 2016, and had strengthened institutional mechanisms for ensuring equality between women and men at the central and local levels. An action plan to integrate Roma into society and prevent discrimination against them had been adopted for the period 2016-2020, and a number of measures had been taken to prevent and combat child labour, including the tightening of sanctions for the violations of the child labour regulations. Business registration procedures to stamp out illegal employment practices had been improved and proactive measures taken to lower unemployment. A new law on social integration of persons with disabilities was bringing the country in line with the United Nations standards, and a programme of inclusive education had been developed to modernise the national education system.
Committee Experts questioned the quality of the statistical data provided by the Republic of Moldova in its report, which they said was long on aspirational plans but short on evidence of operational effectiveness. They raised questions on the applicability of the Covenant and its use by the courts, and the mandate of the Office of the People’s Advocate (the Ombudsman) in relation to the monitoring of the Covenant rights. It was a matter of concern that the rates of public spending in key sectors of health, education and social protection continued to fall. A glaring problem was the situation of Roma who continued to suffer discrimination and marginalization; the failure in many aspects of the National Action Plan on Roma 2011-2015 was a serious cause for concern, Experts said and asked what would be done to rectify this in the implementation of the 2016-2020 action plan. Corruption was widely discussed, as was the lack of a law prohibiting discrimination against sexual minorities, high rates of outward migration of workers, domestic violence and violence against women, and child labour. Experts inquired about efforts to promote gender equality, increase political participation of women, reduce high drop-out rates, and tackle child marriage. Particularly important was to take effective measures to tackle rural poverty, which was five times higher than in urban areas, stressed the Experts.
In concluding remarks Shiqiu Chen, Committee Rapporteur for the Republic of Moldova, thanked the delegation and wished them safe return, while Maria Virginia Bras Gomes, Committee Chairperson, reminded the delegation that in its concluding observations, the Committee would identify three issues that the State party should give urgent attention to.
In her closing statement, Ms. Dumbraveanu, reiterated the commitment of the Republic of Moldova to implement the Committee’s concluding observations and so improve the realization of the Covenant rights in the country.
The concluding observations on the third periodic review of the Republic of Moldova, to be agreed in the Committee’s closed meetings, will be published on the session’s webpage after 6 October 2017.
The delegation of the Republic of Moldova was composed of representatives of the Ministry of Health, Labour and Social Protection, National Anti-Corruption Centre, Ministry of Economy and Infrastructure, Ministry of Education, Culture and Research, Ministry of Internal Affairs, and the Permanent Mission of the Republic of Moldova to the United Nations Office at Geneva.
The Committee will meet in public at 10 a.m. on Monday 25 September to hear from civil society organizations on the situation in Russia, whose report will be reviewed next week, on 25 and 26 September.
The consideration of the report of Mexico, scheduled for 28 and 29 September, was postponed to a future session.
Report
The Committee is considering the third periodic report of the Republic of Moldova (E/C.12/MDA/3).
Presentation of the Report
VIORICA DUMBRAVEANU, Deputy Minister of Health, Labour and Social Protection of the Republic of Moldova, noted that, despite economic difficulties, the Republic of Moldova had managed to make significant steps in promoting economic, social and cultural rights. She highlighted the adoption of a law on equality which had set the legal framework for preventing and combating discrimination and ensuring equality of all persons in the country. The National Programme for Gender Equality 2011-2015 which aimed to promote equality of men and women in the economic, political and social spheres had been implemented, and a number of important normative acts had been approved in 2016, such as on the adoption of the 40 per cent quota of both sexes in the lists of candidates for parliamentary and local elections, the inclusion of 14 days of childcare leave for the father, and the adoption of the definition of sexist advertising. Institutional mechanisms for ensuring equality between women and men at the central and local levels had been strengthened, and regulations on equal opportunities in employment and in access to goods and services had been adopted.
New measures had been put in place to harmonize the national legislation with the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and so strengthen the protection of victims of domestic violence. An action plan to integrate Roma into society and prevent discrimination against them had been adopted for the period 2016-2020, which focused on the implementation of the rights of Roma to participate in public life, to make decisions and to resolve the problems that concern them in various spheres of life. A number of measures had been taken to prevent and combat child labour, including the tightening of sanctions for the violations of the child labour regulations, introducing criminal liability for the use of the results of the work of children victims of human trafficking, and classifying forms of hard labour to be outlawed for children. The business registration procedures to stamp out illegal employment practices had been improved, while proactive measures had been undertaken to help lower unemployment, including through training and professional reintegration. Unemployment currently stood at just over four percent, wages were rising - by 15 percent in 2014 - and were keeping pace with the rise in consumer prices, and a unified system of remuneration in the State sector had been adopted.
A law on social integration of persons with disabilities was bringing the Republic of Moldova in line with the United Nations expectations. The Government was active in providing social services to marginalised groups, and had embarked on pension reform in 2017 by moving toward a social insurance scheme. Turning to the rights of children, the Deputy Minister said that a strategy on the protection of vulnerable minors up to 2020 had been adopted and the differences between forced labour, human trafficking and sexual exploitation had been defined for the purposes of designing policies to tackle them. The Republic of Moldova was building social housing and providing safe water and sanitation, while in the area of healthcare, it aimed to improve wellbeing by creating equal access to facilities and promoting healthy living. Community-based mental health centres would be built, while the 2011 programme of inclusive education aimed to modernise the education system. The right to participate in cultural life was guaranteed, and multiculturalism was being promoted through festivals and other events, including those that celebrated Roma culture in order to combat discrimination against them.
Questions by the Committee Experts
SHIQIU CHEN, Committee Rapporteur for the Republic of Moldova, commended the Government on its legislative efforts but found operational activities relatively weak. He went on to ask about the direct application of the Covenant in domestic courts, the mandate and resources of the Office of the People’s Advocate (the Ombudsman) in relation to the Covenant, and measures to address the poor application of the Human Rights Action Plan 2011-2014.
What was being done to address the falling rates of public spending on education, healthcare and social protection, Mr. Chen asked, and sought clarification on the halt of Law 397 on local public finance, and actions taken to combat the widespread corruption in the Republic of Moldova?
What was the Government going to do about the lack of anti-discrimination laws against sexual minorities and how would it strengthen the resources of the Council on the Prevention and Elimination of Discrimination and Ensuring Equality (Equality Council) so that it could do its job properly?
Was the Government planning to complete the reform of its disability certification system and what changes would this reform bring about? The failure in many aspects of the National Action Plan on Roma 2011-2015 was a serious cause for concern - was the Government planning to study the roots of this failure and what measures were being put in place to make sure the 2016-2020 action plan did not repeat them?
Another Committee Expert raised questions about women’s representation in elected and appointed public positions, and probed the delegation on the subject of stereotypical gender roles and their discriminatory effects on social behaviour such as in the area of employment. Why was the age of retirement set at 57 years for women and 62 years for men?
Replies by the Delegation
A member of the delegation said that a plan of action had been prepared to raise awareness of the Covenant, an exercise that would be repeated annually. The Government had no statistics on the use of the Covenant by the judiciary. The Republic of Moldova was going through a financial crisis which had reduced its ability to keep up the levels of social spending.
The equality law of the Republic of Moldova aimed at preventing political and cultural discrimination; although not mentioned in the provisions of this law, discrimination against sexual minorities was mentioned in Article 1, Paragraph 7 of the employment law, and had also been established in case law.
A 40 percent quota for the representation of women on cabinet-level appointments had been included in a new law on Government but this legislation had not been passed. However, the mechanism had not been abandoned and was included in the Government’s agenda and action plan.
Legislation was proposed to address the so-called “overprotection” of women’s rights and equalize paternal leave rights to amend the situation where women could take up to six years off from work after having a baby. The unequal pension age between men and women was being tackled with a reform that would add six months per year for women and four months per year for men, so that ultimately, the pension age for all would equalise at 64 years.
A delegate explained that the Ombudsman did not have a mandate for specific rights but had rather the mandate for monitoring all basic rights at the national level. The Ombudsman’s salary had recently been increased although it was true that resources were scarce.
The Government was decentralising public finances and non-earmarked funds disbursed from the central budget were being aimed squarely at health, education and social spending; this was not always successful, and plans to earmark the funds were being considered. The Government was supporting the funding of Roma community mediators.
Stamping out corruption in the judiciary and other public functions was a priority for the Government. An anti-corruption strategy for 2017-2020 had been adopted which envisaged the deepening of the Government’s anti-corruption activity. Some progress had been made, for example with the setting up of a corruption hotline, video-surveillance of school exams, and regulatory strengthening. Tackling corruption in the judiciary had also been included in a general reform of the legal system. Law 82 on integrity in public, professional and business life aimed to improve the sanctions against corruption and specific crimes such as money laundering.
The Republic of Moldova had moved from medical to social criteria in the recognition of disability which had led to improved services for this group.
Follow-up Questions and Answers
An Expert asked for more hard data in support of the Republic of Moldova’s Human Rights Action Plan and on its anti-corruption measures. Another Expert asked the delegation’s view on its lack of reliable human rights’ statistics and how it intended to build effective policies without them. Didn’t the Republic of Moldova consider that, on top of boosting women’s representation in decision-making roles, women from minority and vulnerable groups must also form part of this policy?
Experts asked about the profile of corruption in the education system, was it perpetrated by administrators, teachers, students? Was there collusion between any or all of these groups? What evidence was there for corruption in education and how was it measured?
SHIQIU CHEN, Committee Rapporteur for the Republic of Moldova, requested further information on the mandate of the Ombudsman particularly in relation to the Covenant. Why were there less than half of the recommended 48 Roma community mediators in action? Which entities would operationalize and monitor the implementation of the Human Rights Action Plan?
Responding to the Experts’ follow-up questions and comments, a delegate mentioned that during the reporting period, 114 cases linked to passive and active corruption had been brought before the courts, while 17 judges had been investigated for corruption in 2014. The delegation agreed that tackling corruption was a national priority. In 2014-2015, six percent of criminal cases concerned corruption in education sector and nine percent concerned corruption in healthcare. Training to raise awareness of how to combat corruption was increasing. The installation of video cameras in exam rooms was an example of the intention to develop a culture of integrity in civic life. Educational, health and judicial authorities were subject to oversight in order to build a zero tolerance culture to corruption among service users.
A member of the delegation said that the Ombudsman monitored the implementation of economic, social and cultural rights, and was able to address courts, including the Constitutional Court, in pursuit of human rights cases. The Ombudsman was funded by the State and also by donors.
The tools to mainstream human rights in the national strategy of the Republic of Moldova included capacity building to achieve gender equality and the inclusion of women from vulnerable groups, such as women with disabilities, Roma women, elderly women and others in decision-making roles.
The Government had analysed the disappointing outcome of the first National Plan for Roma, and was planning to establish a State-funded Ombudsman and encourage a qualified Roma to apply for the role.
A member of the delegation explained that the gap between laws, plans and schemes and their operationalization was often due to lack of resources.
Questions by the Committee Experts
In the second round of questions, Committee Experts stressed the importance of making available to the Committee disaggregated statistical data on labour force participation and so on, noting that the data provided in the report did not allow for the proper assessment of the situation in the country.
The delegation was then asked whether the huge outgoing migration rate was increasing or decreasing, about a mechanism in place to enforce the five percent quota for the employment of persons of disabilities, measures to tackle the enormous unemployment rates among the Roma, and the number of people on minimum wage and how this payment was enforced.
The Experts also asked how the “under-the-table employment” was being tackled, why the notice of impending visits by labour inspectors was given to firms which made a nonsense of the purpose of the inspection, and whether the gender pay gap had been closed. What was the Government doing to improve its poorly delivered pension system and to extend social protections to certain professions such as lawyers?
Replies by the Delegation
In response to the request for data and figures, a member of the delegation said that out of the total population of three million people in the Republic of Moldova, 1.2 million were economically active, 1.7 were economically inactive, and 53,000 were unemployed. A new strategy to increase employment had been adopted in 2016, the funding for which was being provided by the Government and external development partners.
A new employment law would provide financial incentives to employers to hire persons with disabilities and grants would be available to adapt their workspaces as needed. The main reason for high levels of unemployment among Roma was their lack of professional training, although more than ever were approaching the employment agency, and some 800 had recently been employed. Much hope had been placed in the Roma community mediators who had successfully promoted integration of Roma into work and education.
The high level of outward migration had proved impossible to stop, said the delegation, noting that around 300,000 Moldovans worked abroad. The Government was focussed not on stopping the migration but on managing it by signing bilateral agreements with other countries on legal routes to migration. In addition, it was piloting a reintegration programme for returning citizens. Labour market competiveness was being promoted to drive up wages and make working in the Republic of Moldova more attractive, and training was being given to build the skills foreign investors required.
A delegate informed the Committee that public legal officials, such as notaries and lawyers, were paid a lump sum that entitled them to pension, health and disability coverage. Meetings with those professional groups were being held in order to address their grievances.
Before the amendments to the labour code had been submitted to the Parliament, the bill had been scrutinized by a commission in which trade unions had participated and had provided their inputs into the bill. As to the minimum wage, the economic situation in the country meant that the attempts to raise it or to improve its delivery, had not been successful.
A delegate described the system of social assistance in the Republic of Moldova, noting that it was accessible to all families who faced problems and that the allowance amount depended on the structure and size of the family. There was also a cold weather benefit paid by social security. The Government was attempting to index the increases in these allowances. The social security and assistance system had been implemented with the assistance of the World Bank Group which had also assessed its efficiency.
The gender pay gap had been analysed with the help of civil society organizations, said the delegation, on the basis of which the Government had implemented the “equal pay for equal work” principles. Campaigns were being implemented in schools to overcome gender stereotyping that cast men or women in certain roles, including in employment.
Questions by the Committee Experts
In the next round of questions, Committee Experts asked about the extent of domestic violence and what the root causes of this problem were. The delegation was asked to describe the current efforts to reduce the incidence, concrete results achieved, and to inform about actions taken against perpetrators of this crime.
On human trafficking, Experts asked about the results of the bilateral treaty with Ukraine on combatting the phenomenon, and whether such agreements could be signed with other countries, such as Romania. What was the root cause of the massive outflow of workers from the Republic of Moldova?
How successful had the Government been in imposing a minimum age of marriage and how was it tackling child marriage in the Roma community?
Experts were very concerned by rural poverty which was five times higher than in urban areas, and asked why that was so and the actions taken to tackle this problem.
Replies by the Delegation
In response to questions raised about rural poverty, a member of the delegation said that greater levels of poverty in rural than in urban areas were due to high levels of unemployment, as 70 per cent of unemployed people resided in rural areas. The Government was taking active steps to tackle the issue by promoting training and stimulating mobility, and a new plan was in place for 2018. Subsidies were available to employers of members of vulnerable groups, which included rural dwellers where unemployment was rife.
The repatriation of Moldovan migrants was encouraged by a fund matching scheme that promoted entrepreneurialism, particularly in the agricultural sphere, which was also backed with a credit scheme. About 3,000 Moldovan citizens had returned in 2016, of whom about 30 per cent had found employment.
The labour inspectorate monitored dangers in the workplace; inspections could be undertaken at any time and without prior notice.
A member of the delegation repeated that the proposed National Action Plan on the Protection and Promotion of Human Rights was aimed at combatting discrimination against vulnerable groups, including persons with disabilities and ethnic minorities. Awareness-raising campaigns, including among journalism students, were envisioned and the plan would also improve data collection. The delegate reiterated the commitment to the new national action plan on Roma.
Official handling of the phenomenon of domestic violence and violence against women was being brought in line with international standards, said a delegate, adding that this was a phenomenon rooted in historical power dynamics between the sexes in the country; poverty and alcohol abuse also played a part. The United Nations Women had assisted the Government in developing a comprehensive strategy to combat domestic violence and violence against women. The legislation had been revised to allow for removal orders and to ensure that acts of violence against women were effectively prosecuted by the courts. In 2016, the number of crimes and offences committed against women dropped by 12 per cent compared to the year before, with a total figure of 1,679 cases; more than a thousand restraining orders in connection with domestic violence had been issued the same year. The Government was active in educating children in the tell-tale signs of violence at home and to whom they can turn to report it.
Preventing and combatting human trafficking was a priority for the Government, said a delegate, and paramount attention was being given to the human rights of trafficked persons. A national coordination unit had been set up to support victims and potential victims of human trafficking, with the assistance by international partners. The Republic of Moldova attached particular importance to the repatriation of trafficked persons, including children, thus negotiations with destination countries, including Ukraine and Russia, were ongoing.
The age of marriage in the Republic of Moldova was 18 years, which could be lowered under certain circumstances. In 2016, 182 girls and two boys under the age 18 had married - the figure was too high, but consent had been obtained and many of these cases involved pregnancy.
Follow-up Questions
An Expert inquired about the bilateral agreements between the Republic of Moldova and other countries concerning the return of migrants and wondered if social protections were guaranteed in these arrangements. What was being done about delayed salary payments, and what system was in place to ensure that pensions for parents of children with disabilities had not been affected by their choice to care for their children instead to work?
The delegation was asked if the minimum wage legislation applied in the agricultural sector, about the progress on the ratification of the International Labour Organization’s conventions, labour and environmental protections in the free economic zones of the Republic of Moldova, and the magnitude of the problem of child labour.
Experts probed the delegation on the availability and quality of healthcare provision, and - as many qualified medical professionals had emigrated - asked about the steps taken to improve this general picture. What was being done to practically endow the right to health without discrimination to persons with disabilities, HIV-positive people and Roma? How was the Government ensuring access to sexual and reproductive health service, and how would it sustain harm-reduction programmes vis-à-vis intravenous drug users?
An Expert noted that the Republic of Moldova was pushing forward with social housing schemes and wondered about their scope. Could the delegation comment on the charge that the Government had engaged in coerced sterilisation of rural and Roma women, particularly in the context of a rights-based approach to social policy? What was being done to tackle high rates of smoking among rural and Roma women and to deal with water pollution?
Another Expert asked if any steps had been taken to include sexual and reproductive health education in school curricula and how this matter was approached among Roma communities which traditionally had a taboo against discussing such matters outside the family. What measures were in place to ensure that women with disabilities enjoyed the right to sexual and reproductive health and were not subjected to coercive terminations of pregnancies?
MARIA VIRGINIA BRAS GOMES, Committee Chairperson, remarked that the delegation was not answering questions directly; it avoided the discussion on combatting discrimination against sexual minorities and did not adequately explain the relationship between public and private sources of funding for social spending.
Replies by the Delegation
Responding, the delegation explained that social allowance was given to families on the condition that it was to be spent on social welfare needs. A local commission monitored if the family honoured the contract, and warnings were issued – or in worst cases payment were suspended – if a misuse was noted.
The Parliament, with the support of trade unions, was making progress on a bill to compensate workers for delayed or unpaid salaries; plans were afoot to reduce salary delays. Amendments to the labour code had been made to eliminate dangerous forms of child labour and the use of school-age children for agricultural work during the school year had been banned. In 2014, 142 children were identified as being exploited for their labour. Parents who cared for their children with disabilities received financial support from the State which equalled the amount of the contributory pension scheme.
Social housing was offered to people living in unsanitary conditions, people with serious health problems, numerous families, and other vulnerable categories. Social housing was allocated on the condition that a person was registered with the employment agency and had not refused an offer of work. The provision of social housing depended on funding, said a delegate and recognized that Republic of Moldova was not well placed in this regard.
Turning to food quality, a member of the delegation said that carcinogens, additives and other chemicals were monitored and eliminated where possible. Food labelling was mandatory, the advertising of junk food was banned and such food could not be sold near schools.
The healthcare system was being modernized and health personnel received training to keep their skills up to date. All vulnerable groups had equal rights to access healthcare, including Roma. The Government noticed that Roma were often not informed of this right and was addressing the issue. Morbidity data were not disaggregated according to ethnicity thus it was impossible to say if Roma women were more affected than others by smoking-related illnesses. Emergency medical services were provided free of charge to all including Roma. Often, Roma did not possess identity document which sometimes impeded the enjoyment of this right.
Questions by the Committee Experts
In the final round of questions, an Expert noted that education was an existential national priority in this country marked by linguistic and cultural diversity.
A glaring problem was the integration of the Roma community, Experts said and asked about the results of the National Plan for Roma 2011-2015, measures taken to reduce the high drop-out rates among Roma children, and the efforts taken to integrate Roma into higher and further education.
The delegation was asked to comment on the violations of the right to education; on the strategy to ensure the future of the education sector in the country where teachers were so badly paid that they routinely emigrated; and whether the recent evaluation of the education sector by the United Nations Educational, Scientific and Cultural Organization was fair.
Experts inquired about access to education for marginalized groups, efforts to reduce high drop-out rates in rural areas and the causes of school closures there, and the steps to promote inclusive education and integration of children with disabilities in mainstream schools.
What was the position regarding cultural assimilation in education and how the regional languages were taken into account in education policy? What was the level of access to the Internet?
Responses by the Delegation
Answering the question on the policy concerning languages in education, a delegate said that teaching was conducted mainly in Romanian and Russian; many languages were used in the Republic of Moldova and families could select which language their children were taught in. The delegate underlined the need to ensure that children learned the national language, and stressed that the educational standards were uniform and were upheld throughout the country while respecting the cultural rights of specific groups.
There was no discrimination in the provision of education for Roma, the delegation said and noted that the Roma people often resisted school enrolment. In one instance, not one Roma child had attended a kindergarten built for them. Inspectors had to go knocking on doors in the morning to get Roma families to send their children to school.
The Government of Romania had provided assistance with regard to school transport, and 86 new buses had recently been deployed which had resolved the problem in rural areas.
Mandatory education started at the age of seven although parents could request that it started a year earlier; currently, school-leaving age was 16 which would be extended to 18 years in 2018. Primary school enrolment was almost total, except for some Roma communities where parents refused to send their children to school.
Progress had been made in making education more inclusive: the number of students in special schools had dropped from 11,000 in 2007 to 1,500 in 2017. It was true that teacher salaries were not that high, but the Government had boosted benefits to teachers who chose to teach in rural areas. Work to increase Roma attendance in university was indeed needed but the funds provided to effectuate this were unlikely to be sufficient.
On the question of culture, the Republic of Moldova had improved its offer with the building of theatres, museums and libraries, with the help of external partners, and festivals were often held to highlight cultural life.
Corruption in education was a matter for the whole of Moldovan society and not just teachers and administrators. Meanwhile, sexual and reproductive health education was the subject of ongoing development.
With regard to the Internet access, all schools in the country were connected and online tools, such as e-learning tools, were being widely used.
Concluding Remarks
SHIQIU CHEN, Committee Rapporteur for the Republic of Moldova, thanked the delegation and wished them safe passage home.
MARIA VIRGINIA BRAS GOMES, Committee Chairperson, reminded the delegation that in its concluding observations, the Committee would identify three issues that the State party should give urgent attention to, and on which it should report within 18 months. The Chair hoped the Committee’s observations would be taken in the sprit they were given.
VIORICA DUMBRAVEANU, Deputy Minister of Health, Labour and Social Protection of the Republic of Moldova, in her closing remarks thanked the Committee for a friendly and constructive dialogue and reassured the Committee that the Republic of Moldova would carefully look at the Experts’ comments in order to implement them and so improve the implementation of the Covenant in the country.
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