Map source: Human Rights Watch

Contributed by: Adela Dinu, Moldova National VAW Monitor

last updated 5 June 2007

In February 2006, the Moldovan Parliament adopted the Law on Ensuring Equal Opportunities for Women and Men (Law No. 5-XVI from 09.02.2006). The law is a step forward toward implementation of the gender concept, as it stipulates the basic notions of gender equality and presents the institutional framework in which the law is to operate. The law does not, however, address enforcement mechanisms and specific programs for effectively ensuring equal opportunities between women and men. Also, the law does not provide clear procedures for submitting and examining gender-based discrimination complaints or for sanctioning reported discrimination cases, and it fails to stipulate specific budgets for implementation of the law. Finally, the law does not include any reference to violence against women. This reduces considerably the efficiency of the law and gives it a rather declarative nature.

Under Government Decision No. 350/07.04.2006, and according to the provisions of Law No. 5-XVI on Ensuring Equal Opportunities for Women and Men, a Governmental Commission for Equality between Women and Men was created, with the Vice Prime Minister as its president. The Commission is a consultative and coordinating body in charge of implementation of the state policy for equality of opportunities between women and men.

On 1 March 2007, the Moldovan Parliament adopted a new domestic violence law. The Moldovan Draft Law on Prevention and Combating Domestic Violence marks an important step in Moldova’s effort to address domestic violence. It provides for an order for protection, greater inclusion of NGOs in preventing and combating domestic violence, and recognizes the security of victims as a basic principle. Several groups, including The Advocates for Human Rights, provided comments and suggestions on the draft law. The law will enter into force on 18 September 2008.

In August 2006, the Government adopted the National Plan, “Promoting Equality of Human Genders in Society for the Period 2006-2009” (Romanian). Objective IV addresses the prevention and elimination of gender-based violence. According to the plan, this objective will be realized through: the improvement of the legislative and regulating frameworks; the development of institutional structures’ capacities in the field of combating domestic violence; the development of services for assisting domestic violence victims and abusers, and; the prevention of and combating domestic violence. Nevertheless, the financial sources for these activities are not clearly stated, and the plan only refers to the “[s]tate budget, in the limit of budgetary allocations foreseen for these purposes in the concerned year, donations and grants.” Implementation terms are also expressed in a general manner, i.e. “2007-2009 or permanently.”

The First National Report: Millennium Development Goals in the Republic of Moldova, produced in 2005 by the Government of the Republic of Moldova with the assistance of United Nations agencies in Moldova, stipulates that the Millenium Development Goal (MDG) regarding the promotion of gender equality and empowerment of women is to be achieved by broadening women’s participation in social and political life. The government seeks to accomplish this through measures, such as increasing the number of seats held by women in Parliament, increasing the number of female leaders in the top management levels of public administration, economic or social organisations, and reducing the disparity between women and men’s wages – all of these targets constitute indicators for monitoring progress.

The 2003 Preliminary Study for The First Millennium Development Goals National Report, entitled Promote Gender Equality and Empower Women, showed that “the participation of women in political life is relatively weak, although the percentage of their representation is higher than 10 years before. Nevertheless, the level of representation stays low, especially if we take into consideration the percentage of women from public administration, economic and social organizations.” Regarding the problem of domestic violence, the study concluded that it is a growing phenomenon and described the aggravating factors of domestic violence in the rural areas: geographical isolation from social services, a lack of means of transportation, a lack of financial means, a lack of confidentiality, fear of community blame, psychological isolation, a lack of support services, poor employment perspectives, the absence of employment programs, the persistence of patriarchal attitudes and values, unprofessional behaviors and responses of local  police, a lack of knowledge, and a distrust by women victims in the judicial system and other institutions.

In 1994, Moldova ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and is obligated to observe its provisions. However, the two periodic country reports on Moldova’s compliance with CEDAW, submitted in 2000 and 2004 to the committee, reported that the country's decision-makers failed to implement most of the treaty’s provisions. Since then, the situation has not improved in a significant manner, as pointed out in the “Gender Barometer. Republic of Moldova. Results and Studies According to the Opinion Poll,” published in 2006 by the Centre Partnership for Development. According to Ala Mindicanu, author of the analytical study "Gender Equality in the Republic of Moldova. Realities, Mentality, Solutions" and UN expert in gender issues, “in spite of the fact that, under the influence of external factors, plans have been adopted and reports have been developed within this period of time, no budgetary allocations are set apart for these activities, all these declarations remaining only on paper.”

This situation is confirmed by the conclusions of a shadow report to CEDAW, which included input from 300 NGOs in the field.  The shadow report asserts that the actions of the government regarding the protection of women’s rights and the eradication of violence and discrimination against women are mostly declarative in nature, are inconsequential, and that the provisions of CEDAW are only partially enforced.

The 2006 CEDAW Assessment Tool Report for Moldova, published in August 2006 by the American Bar Association (ABA/CEELI), shows that despite important gains, women in Moldova continue to confront widespread discrimination and other violations of their rights under international standards. Domestic violence is widespread and is not adequately addressed by healthcare or police officials, with law enforcement authorities frequently failing to respond to or process complaints concerning domestic violence. The in-depth analysis on the de facto compliance to the rights and protections guaranteed by CEDAW outlines the “striking difference between the equality afforded to women pursuant to the Moldovan Constitution and legislation and the realities that determine women’s lives” (cited in: CEDAW Assessment Tool Report for Moldova, ABA-CEELI, 2006). Women in Moldova continue to experience discrimination, to a greater or lesser extent, in all fields, including employment, finance, social security, politics, the justice system, education, healthcare, and, most significantly, within the family. The high levels of domestic abuse still remain unrecognized as a serious social concern, which plays in itself a major role in the problem. The CEDAW Report concludes that the lack of enforcement of judicial decisions remains a major obstacle in the protection of human rights in Moldova. This general problem, coupled with a lack of gender sensitivity within the courts and among law enforcement authorities, results in a denial of women's access to justice in numerous ways and exacerbates existing human rights violations. This is particularly true in cases concerning violence against women.

The Moldova Country Report on Human Rights Practices - 2006, released in March 2007 by the U.S. Department of State, concludes that “domestic violence against women remained a widespread problem, and the law does not specifically address domestic assault. In the first eight months of the year, the Ministry of Internal Affairs reported that it received 212 domestic violence complaints. Of that number eight resulted in serious bodily injury and seven in death. In 2005 the MIA said it received more than 3,000 domestic violence complaints. Women's groups, however, continued to assert credibly that incidents of spousal abuse and rapes were underreported. ”

In 2005, Winrock International conducted, together with the Institute of Marketing and Sociological Analyses (IMAS) the study entitled “Women At-Risk in the Republic of Moldova: National Representative Survey.” The study found that 41% of the respondents have been victims of one or another type of domestic violence throughout their life. Regarding the incidence of physical violence, the study revealed that 18% of the adult female population in Moldova (aged 16-35 years old) reported being subjected to physical domestic violence, while 8% of women have suffered physical violence “many times, regularly.”

The Gender Barometer 2006, developed by the Centre Partnership for Development, shows in the “Violence/Deviant Behaviour” section that there have been registered cases of physical aggression both from men against women, but also from women against men. Still, physical abuse from men is largely more common. 49,7% of the respondents indicated they knew cases of beatings of wives/women partners by their husbands/partners among their colleagues, relatives and friends, while cases of physical abuse perpetrated by wives/girlfriends were mentioned by 18% of the respondents.

Currently, there are no governmental bodies or coordinating institutions in Moldova specifically responsible for implementing measures to combat violence against women. Governmental bodies, such as the Ministry of Internal Affairs, the Ministry of Education and Youth, and the Ministry of Health and Social Protection, have a secondary mandate in this area derived from the Penal, Family and Civil Codes, as well as various governmental plans and strategies. Again, information regarding specific budget allocations for these actions is unavailable.

Regarding trafficking in human beings, the government approved the National Plan to Prevent and Combat Trafficking in Human Beings, developed in conjunction with international organizations and approved by Government Decision No. 903 of 25 August 2005. The National Plan consists of a wide range of measures for 2005-2006, targeting strategies such as: improving coordination of all measures in the field of trafficking; improving legislation and the regulatory framework regarding trafficking and protection of victims; increasing the capacity of state and nongovernmental actors to counter all aspects of trafficking; improving the management, accessibility and exchange of relevant data and information; monitoring, evaluating and adjusting the national anti-trafficking response; raising public awareness about the migration realities and trafficking risks; reducing vulnerability to trafficking and re-trafficking; ensuring early identification of all trafficked people from Moldova; ensuring legal residence, food, safe asylum, social assistance, protection and compensation to the victims of trafficking; ensuring special protection of victims who want to testify as a witness in a trial; facilitating the (re)-integration and social inclusion of trafficked people; increasing the prevention and intervention capacity of law enforcement; increasing co-operation with other states and international organizations in the field of law enforcement and judicial authorities; and increasing the number of cases of criminal prosecution and conviction of traffickers.

Such measures are also foreseen in the EU-Moldova Action Plan, which was launched in February 2005 and established on the basis of the European Neighborhood Policy of the European Union (ENP). The action plan currently represents a “roadmap,” the successful implementation of which plays an important role for the future relations of Moldova with the European Union. This complex political document lays out the strategic objectives of the cooperation between Moldova and the EU and is structured in seven chapters on implementation of about 300 actions, covering a timeframe of three years. Two of the objectives deal with human trafficking. Objective 5 of the Chapter “Human rights and fundamental freedoms” states that the government is to “[d]evelop and implement an appropriate legal framework for the prevention of, and the fight against, the trafficking in human beings, and for addressing the problems faced by victims of trafficking.” Objective 51 of the Chapter “Fight against Organised Crime (including trafficking in human beings)” addresses the “[r]atification and full implementation of international instruments which are of particular importance in combating organised crime.”

The majority of legislative measures envisioned in the action plan were successfully implemented. At present, Moldova has a basic necessary legal framework to regulate this phenomenon. These important legal advancements include amendments to the Criminal Code, the adoption of a special law on human trafficking, ratification of international conventions and treaties in the field, and enhanced cooperation in the framework of relevant international organizations (OSCE, UN, SECI) on the problem of human trafficking and illegal migration.

The Criminal Code was amended in December 2005 by Article 362, “Organization of Illegal Migration.” This provision stipulates that “organization, for financial gain, of the illegal entry and/or residence on a state’s territory of a person that is not its citizen or resident” is a criminal offence.  It is punishable by a fine or by imprisonment between three to five years, with deprivation of the right to hold certain positions, exercise certain activities for a period of one to three years, or by the closure of the organization concerned. 

In October 2005, the Parliament of the Republic of Moldova ratified Law No. 241-XVI on Preventing and Combating Trafficking in Human Beings (please click here to see all normative acts on trafficking). The law regulates legal relationships concerning the prevention and combating of human trafficking, the framework for protection of and assistance to victims, the cooperation of public authorities with NGOs and cooperation with other states and international organizations competent in the field. The law defines the main terms used, introduces basic principles for combating trafficking, stipulates the elaboration of a National Plan to Prevent and Combat Trafficking in Human Beings (approved for a two-year term), establishes a National Committee to Combat Trafficking in Human Beings as the national coordinator of all actors involved in prevention of and combating human trafficking, establishes the Territorial Commissions to Combat Trafficking in Human Beings, appoints the law enforcement bodies in the field, and stipulates the functions and attributes of all public administration authorities in the field of preventing and combating human trafficking. Regarding protection of and assistance to victims of trafficking, the law identifies the entities that may establish centers for protection, but does not address the obligation of actually creating them, and provides that trafficking victims shall benefit from a minimum package of social and medical assistance. With regard to the funds for enforcement of all foreseen measures, the law stipulates, “Upon the proposal of authorities responsible for implementing this Law, the budget law shall annually provide necessary funds.”

The adoption of Law No. 241-XVI was followed by several normative acts: the National Plan to Prevent and Combat Trafficking in Human Beings (approved by Government Decision No. 903 of 25 August 2005); the Decision of National Committee to Combat Trafficking in Human Beings on the creation of a unified system for monitoring implementation of the National Plan to Prevent and Combat Trafficking in Human Beings as of 10 February 2006; the Decision of the Government of the Republic of Moldova constituting the National Committee to Combat Trafficking in Human Beings, and; the Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova on the application of legislative provisions in cases of trafficking in adults and children (consult all legal texts here).

On 19 May 2006, Moldova ratified the “Council of Europe Convention on Action against Trafficking in Human Beings,” a comprehensive treaty mainly focused on the protection of victims of trafficking and the safeguarding of their rights. Also, it aims at preventing trafficking and prosecuting traffickers. The convention applies to all forms of trafficking, whether national or transnational, whether or not it is related to organized crime, and it provides for the creation of an independent monitoring mechanism to guarantee States Parties’ compliance with its provisions.

Moldova also signed the United Nations Convention against Transnational Organized Crime, signed in December 2000 at Palermo, Italy, also known as the “Palermo Convention.” In February 2005, Moldova ratified the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children” and “Protocol against the Smuggling of Migrants by Land, Sea and Air” through Law 16-XV-17.02.2005 and Law 17-XV-17.02.2005. The Convention against Transnational Organized Crime is “a legally binding instrument committing States that ratify it to taking a series of measures against transnational organized crime. These include the creation of domestic criminal offences to combat the problem, and the adoption of new, sweeping frameworks for mutual legal assistance, extradition, law-enforcement cooperation and technical assistance and training.”

In January 2006, the government created a National Law Enforcement Center SECI/GUAM (Romanian here) within the framework of the South European Cooperation Initiative (SECI) and the Organization for Democracy and Economic Development – GUAM (created by Georgia, Ukraine, Azerbaijan and Moldova). The bases of the joint measures of the GUAM National Law Enforcement Centers are annual action plans on fighting against terrorism, organized crime and illicit drug circulation adopted at the GUAM Working Group sessions. According to these plans, each GUAM country assumes responsibility to coordinate joint measures in the field of each particular crime, the obligation assumed by Moldova being to coordinate the fight against human trafficking and illegal migration. The newly established National Law Enforcement Center SECI/GUAM in Moldova closely cooperates with: the SECI Regional Centre for Combating Trans-border Crime from Bucharest; the National Law Enforcement Centers of the GUAM member states; similar institutions in the field, at the national and international level; non-governmental organizations operating at national and international level, including, inter alia, International Organization for Migration (IOM), the Center for Combating Trafficking in Persons Moldova (CCTIP), and “La Strada” International Centre.

On 8 February 2006, the government entered into an agreement with Turkey to combat trafficking as part of a broad effort to fight illegal drug trafficking, international terrorism, and other organized crime, as well as the Agreement between the Government of the Republic of Moldova and the Government of the Republic of Macedonia on readmission of persons with illegal stay.

Regarding specialized units on human trafficking, the government merged the anti-trafficking section of the Ministry of Internal Affairs into a new national entity, the Center for Combating Trafficking in Persons (CCTIP) in 2005. The CCTIP is composed of senior officials from all relevant government ministries and including prosecutors, analysts and investigators. Another specialized body is a multi-agency task force, which functions under the leadership of the prosecutor general’s office, whose responsibilities are to monitor trafficking law enforcement activities, coordinate intelligence, provide witness protection, and provide advice on prosecuting complex cases.

Other steps taken by the government for preventing trafficking of persons and assisting victims were accomplished through its network of national anti-trafficking commissions. According to Law No. 241-XVI on Preventing and Combating Trafficking in Human Beings, Territorial Commissions were created in each region of the country and officials from a variety of ministries. Local governments were required to present reports on their anti-trafficking efforts.

The public body responsible on the national level for the coordination of activities on human trafficking and the cooperation of concerned factors in the field is the National Committee to Combat Trafficking in Human Beings, established by Law No. 241-XVI of October 20, 2005 on Preventing and Combating Trafficking in Human Beings. The National Committee is a consultative body of the Government, with the Vice Prime Minister serving as its chairman, and it is composed of representatives of public administration authorities, law enforcement bodies, as well as organizations working in the field of trafficking. They are entitled to attend the Committee’s meetings and have the right to a consultative vote.

Compiled from:

Law no. 5-XVI from 09.02.2006 on Ensuring Equal Opportunities for Women and Men, adopted by the Moldovan Parliament, 9 February 2006 (DOC, 9 pages)

Moldovan Draft Law on prevention and combating domestic violence, unofficial translation prepared by the OSCE Mission to Moldova, March 2006 (DOC, 8 pages)

The Moldova Country Report on Human Rights Practices – 2005, U.S. Bureau of Democracy, Human Rights, and Labor, 8 March 2006

Millennium Development Goals Desk Study: “Promote Gender Equality and Empower Women”, Institute for Public Policies and the United Nations Development Programme Republic of Moldova, Chisinau, 2003 (DOC, 33 pages)

The First National Report: Millennium Development Goals in the Republic of Moldova, produced by Government of the Republic of Moldova with the assistance of the United Nations agencies in Moldova, published in the Official Monitor no. 45-50/25.03.2005 (PDF, 60 pages)

CEDAW Assessment Tool Report for Moldova, August 2006, ABA/CEELI (PDF, 144 pages)

The Alternative Report of Evaluation Regarding the Implementation of Convention on the Elimination of All Forms of Discrimination Against Women, coordinated by the Forum of Women Organizations from the Republic of Moldova, Chisinau 2006 (PDF, 34 pages)

Women At-Risk in the Republic of Moldova: National Representative Survey, Institute of Marketing and Sociological Analyses & Winrock International, Chisinau 2005 (PDF, 117 pages)

National Plan to Prevent and Combat Trafficking in Human Beings, approved through Government Decision No. 903 from 25 August 2005 and entered into force on 9 September 2005 (PDF, 27 pages)

The EU-Moldova Action Plan, adopted by the EU-Moldova Cooperation Council, 25 February 2005, Brussels (PDF, 46 pages)

Euromonitor report on the implementation of the Republic of Moldova - European Union Action Plan, ADEPT Association and the EXPERT-GRUP Centre, 2006

“Domestic Violence: Ending the Silence” and “Growing Concerns,” published by the United Nations Population Fund Moldova (UNPF Moldova)

Trafficking in Human Beings in Moldova: Normative Acts, publication elaborated by the International Center "La Strada" and available in English, Romanian and Russian (PDF, 64 pages)

The United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000, opened for signature by Member States at the Palermo Conference on 12-15 December 2000 and entered into force on 29 September 2003

“Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” adopted by General Assembly resolution 55/25 and entered into force on 25 December 2003 (PDF file, 11 pages)

“Protocol against the Smuggling of Migrants by Land, Sea and Air,” adopted by General Assembly resolution 55/25, entered into force on 28 January 2004 (PDF file, 14 pages)

Council of Europe Convention on Action against Trafficking in Human Beings, Council of Europe, open for signature on 16 May 2005