COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF THE REPUBLIC OF MOLDOVA
The Committee on Economic, Social and Cultural Rights has considered the second periodic report of the Republic of Moldova on that country’s implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report of the Republic of Moldova, Sergiu Sainciuc, Deputy Minister of Labour, Social Protection and Family, said the State had taken a range of measures to increase the quality of life for the Roma population and it had developed a national action plan on gender equality. There had been an increase in the minimum wage, but despite the measures that had been taken they realized that protecting the rights of people in the informal sector remained a big problem. The social system aimed to eliminate risks that could lead to marginalization or social exclusion of families in difficult circumstances. They had the objective of expanding community and highly specialized social services and reforming boarding homes for children to defend children in difficult circumstances and prevent them from being institutionalized.
Mr. Sainciuc went on to say that the State still faced the challenge of providing housing for vulnerable segments of the population. They were building social housing and providing mortgage credits for various vulnerable categories of the population. The State was working on increasing access to clean water, sanitation and healthcare. They had developed a strategy for primary medical care for 2010 to 2013, the main aim of which was to strengthen equal access to high quality medical care.
Committee members raised concerns about the high rates of unemployment in the Republic of Moldova, particularly among women and young people. Several Committee members also voiced concern about the pension system in the country and whether it provided an adequate standard of living for elderly people and whether those people who worked in the informal economy had access to pensions in their old age. The delegation was also asked about societal attitudes toward vulnerable groups such as persons with disabilities, people living with HIV/AIDS, ethnic minorities and elderly people and what was being done to combat negative stereotypes towards these groups. Access to clean water and sanitation was an issue that many Committee members addressed as well as access to healthcare, particularly in rural areas. The status of the Roma community was also of concern to Experts, as well as how the State ensured the right to the expression and enjoyment of cultural heritage in the country.
In concluding remarks, Mr. Sainciuc said that despite some economic and environmental setbacks over the last few years, the Republic of Moldova had undertaken all necessary efforts to ensure that all relevant government agencies, in conjunction with civil society, fulfilled their obligations in terms of implementation of the Covenant. The comments and recommendations of the Committee would help the Republic of Moldova fulfil the rights enshrined in the Covenant. These recommendations would allow them to draw up a government action plan.
The Moldovan delegation was composed of representatives from the following government agencies: the Ministry of Labour, Social Protection and Family, the Ministry of Education and the Ministry of Health.
The next public meeting of the Committee will be held at 10 a.m. on Friday, 6 May when it will begin consideration of the fifth periodic report of Germany (E/C.12/DEU/5).
Report of the Republic of Moldova
The second periodic report of the Republic of Moldova (E/C.12/MDA/2) notes that the guarantee and assurance of respect and promotion of human rights is reflected at the national level in various plans and strategies, as for instance: The Programme of Activity of the Government for the years 2005–2009 “Modernisation of the country – welfare of the nation”, European Neighbourhood Action Plan Republic of Moldova — EU, Republic of Moldova — NATO Individual Partnership Action Plan (IPAP), National Human Rights Action Plan, Preliminary Country Programme of the Republic of Moldova within the USA Programme “Millennium Challenges” etc. One of the most important documents in this field is the National Human Rights Action Plan, adopted by Parliament Decision No. 415-XV from 24.10.2003. This Action Plan was developed to ensure the implementation of a single policy and strategy of state institutions and civil society, aimed to improve the situation in the field of human rights through the identification and formulation of priority tasks and measures to ensure its implementation, through the establishment of deadlines of implementation of planned actions, through identification of the institutions and organisations responsible for the implementation of the actions set in the Plan.
The constitutional right to social protection, enshrined in article 47 of the Constitution consists of the right of all citizens (irrespective of gender) to social insurance in case of loss of working capacity, including in case of disability, as well as the right to pensions. Current legislation that regulates the social insurance dimension in the Republic of Moldova uses the term “ensured”. To have this status one important condition which physical persons must fulfil is the domicile. Another indispensable condition which must be fulfilled is the observance of the contributory principles, which is at the heart of the organisation and functionality of public system of social insurance. Thus, to benefit from certain social services, offered through the means of the public system of social insurance, physical and legal persons must fulfil their obligations to the system, paying the social insurance premiums to the state social insurance budget.
Children are considered the wealth of the state, because they are its future. Care for the future generation is one the priorities of the state, manifested through different forms of protection. In the last years, and mainly after the adoption by the UN on 20 November 1989 of the Convention on the Rights of the Child, the treatment of children’s rights problems has changed, through change of attitude from the perception that children are parents’ property to the perception that the child is independent and is only under the protection of parents and the state.
The fundamental objective of any State is to reduce poverty and increase the quality of living of the population. In the Republic of Moldova the Economic Growth and Poverty Reduction Strategy (Law No. 398-XV from 02.12.2004 and the Government Decision No. 116 from 03.02.2005), is the instrument according to which the Government has proposed itself to implement medium and long term desiderates to attain these objective.
Presentation of Report
SERGIU SAINCIUC, Deputy Minister of Labour, Social Protection and Family, presenting the second periodic report of the Republic of Moldova, said that ensuring economic, social and cultural rights as enshrined in the constitution was a priority for the Republic of Moldova. They had noted some progress in achieving the provisions of the International Covenant on Economic, Social and Cultural Rights. Various aspects related to economic, social and cultural rights and human rights in general had been included in the agendas of many agencies of the State and it was necessary to point out that every year the budget saw increased expenditures in social services for the population.
The State had taken a range of measures to increase the quality of life for the Roma population and had developed a national action plan on gender equality. There had been an increase in the minimum wage, but despite the measures that had been taken they realized that protecting the rights of people in the informal sector remained a big problem. The social system aimed to eliminate risks that could lead to marginalization or social exclusion of families in difficult circumstances. They had the objective of expanding community and highly specialized social services and reforming boarding homes for children to defend children in difficult circumstances and prevent them from being institutionalized.
Mr. Sainciuc said that last year the Republic of Moldova ratified the Convention on the Rights of Persons with Disabilities and established a national action plan on persons with disabilities. Since 2008 the State had been providing a monthly allowance to guarantee low income families a minimum monthly income. These social security payments were indexed every year. In 2007 the Government adopted a law preventing and stopping violence in the family. Domestic violence was criminalized and there were centres for victims of family violence.
In 2010 the Government established a permanent secretariat to deal with human trafficking and to protect and provide support of victims of trafficking. They had established a centre for providing assistance and defence for victims of trafficking and these measures had led to a 30 per cent decrease in the number of trafficking cases.
Mr. Sainciuc went on to say that the State still faced the challenge of providing housing for vulnerable segments of the population. They were building social housing and providing mortgage credits for various vulnerable categories of the population. The State was working on increasing access to clean water, sanitation and healthcare. They had developed a strategy for primary medical care for 2010 to 2013, the main aim of which was to strengthen equal access to high quality medical care.
In 2010, the State had developed a modernized school curriculum for all subjects that students could study in their native languages. There were literacy programmes for Roma children and all children received textbooks at a subsidized rate while children in grades 1 to 4 received their books for free. The State party paid great attention to protection and preservation of cultural diversity and heritage. Every year a cultural festival was held to promote the history of different cultures in the country.
In conclusion, Mr. Sainciuc said that in terms of gender equality, the State was working on closing the wage gap between men and women and increasing women’s participation in the workforce as well as reducing domestic violence. They were also introducing measures to protect people with HIV/AIDS from discrimination, reducing morbidity rates of the population and increasing access to high quality healthcare, education and housing.
Questions by Experts
A Committee member asked if the delegation could provide information on what the State party had done in terms of follow-up to the Committee’s past recommendations. Problems in the justice system were an issue that had been identified by other treaty bodies. What was being done to address that as well as the funding for and independence of the National Human Rights Commission?
Did the delegation have any assessment on the national action plan on gender equality? What concrete impact had this action plan had on women’s lives and why was political participation by women still so low? Was the public aware of this national programme and what role did non-governmental organizations play in the role of implementation and monitoring of this programme?
The State party’s report reflected a country really struggling to implement the provision of the Covenant. How were the provisions applied and had the Covenant been applied by courts or cited in cases? Could people directly invoke the rights contained in the Covenant in court? Did the Covenant enjoy supremacy over domestic legislation? Regarding national human rights institutions like the ombudsman and the human rights centre, had they been accredited by the Coordinating Committee on National Human Rights Institutions? Did the Republic of Moldova plan to apply for accreditation if they were not already accredited?
There were reports that the country did not have a comprehensive anti-discrimination law. Were there any plans to adopt such a law? What resources and sources of wealth did the Republic of Moldova have that it could use to improve the situation of its people? How was that wealth managed? Were people included in the management of natural resources and did they benefit from them? They needed to emphasize the right to development. In that context, how did they actually implement such a right? Were policies and plans of actions rooted in the Covenant? Did it figure highly in their formulation of policies? Were there examples of what the office of the ombudsman or the national human rights institution had done to implement the Covenant?
Had there been any changes in the level of corruption in the country and low salaries of civil servants which had an impact on corruption in the country?
Were people with HIV/AIDS discriminated against in the country? Social policies did not seem to be combating and changing social perceptions of Roma persons, elderly people, persons with disabilities, and the lesbian, gay, bisexual and transgender community who experienced great discrimination. Negative attitudes and stereotypes needed to be addressed for any long term changes to take place so what was being done about this? There seemed to be very little statistical data on Roma and other minority or marginalized communities so what was being done about that and how did the State gather this statistical data?
Response of Delegation
The delegation said there was an agency charged with gathering data, and the information on the number of persons with disabilities stated in the report was correct. All persons with disabilities were registered in the State because they received allowances and nominal compensation from the State.
The poverty level in the Republic of Moldova was 23 per cent. They tried to cover the most vulnerable and poorest families in the country, but they had frozen the level of allowances to make it possible for families to migrate to the new social welfare system. The Republic of Moldova did not have a lot of natural resources and they had to import all their energy as they had no natural gas, coal or other fuel and they spent a lot of money obtaining this energy. Despite this, they had experienced some economic growth, although unemployment grew in the country in 2010.
The Republic of Moldova had ratified a number of international treaties including 50 International Labour Organization conventions. They had a special law which stipulated that if there was a provision in national legislation which contradicted any international instrument, priority went to the international document.
Regarding equality between women and men, the delegation said the Republic of Moldova had enacted a national action plan in this area. They carried out an assessment every year to monitor gender equality and the impact had not been what they would have liked because they did not have a comprehensive plan to address these cross cutting issues. Gender policy had to be mainstreamed in all policies and this was why they had formulated the national action plan. The policy addressed eight issues, including education, health, employment and political participation.
In terms of statistics on the Roma population, the delegation said most of them were registered as Moldovans so it was difficult to get disaggregated data on the community. With regards to the participation of civil society in preparing the report and implementing the Covenant, the State party was grateful to non-governmental organizations for the help they gave the Government. The Republic of Moldova was also receiving help from international organizations such as the International Monetary Fund, UNIFEM and the ILO.
A non-discrimination bill had been sent to parliament for scrutiny and approval, but it was being improved and once changes were made it would be sent back to parliament for approval and adoption. In terms of the plan of action on human rights, the latest plan had been completed for 2011-2014.
HIV infection was a priority issue for the State and with assistance from the Global Fund they had been developing draft laws on the treatment of AIDS, tuberculosis and malaria. The law had a prohibition on discrimination and medical services and treatment could not be denied on the basis of HIV status. They were also working to eliminate discriminatory laws and provisions aimed at foreign residents in Moldova who were HIV positive.
Questions by Experts
In a second round of questions, Committee members asked how the unemployment rate was calculated. Did the person have to be out of the labour market for a long period of time to be counted or were they deleted from the unemployment rolls after a certain time? Was unemployment more prevalent among women than men? Youth unemployment also seemed to be high and the delegation was asked for more information on what was being done to combat this. The wage gap between men and women seemed particularly acute in the Republic of Moldova. What was the situation concerning sexual harassment in the workplace? What was the maternity leave policy in the country and did women have the right to return to their jobs after giving birth? Was combating unemployment a priority issue for the State? What was being done to integrate people with disabilities into the workforce? Did the Government plan to establish a data collection system to provide disaggregated data on unemployment for vulnerable groups? Poor integration and educational opportunities led to poor employment rates so what was being done to address these issues?
Concerning social security, a Committee Expert asked whether pensions were sufficient for older people and whether the State faced a long term problem of providing pension increases in the future. What about segments of the population who were not contributing to the social protection scheme? What sorts of protection did they have?
Response of Delegation
The delegation said that statistics were based on the International Labour Organization strategy, so the methodology they used to calculate the unemployment rate was based on international standards as set by the ILO. Unfortunately, they only had statistics broken down by age and gender, not ethnic groups. Also, the State had experienced economic growth but not a reduction of unemployment. This had something to do with remittances from workers abroad because they accounted for a large percentage of the domestic budget so they fuelled purchasing power, consumption and growth, but not employment. Unemployment among young people was 17.8 per cent which was alarming, but they needed to work on vocational training and education to address this issue.
In terms of unemployment among persons with disabilities, the State did not gather employment statistics disaggregated by disability. Wages were very low in the Republic of Moldova so in June wages would go up by 8.5 per cent for civil servants. They were trying to grow the economy via foreign investments and direct investments to create more jobs. The minimum wage was raised every year based on the consumer price index. Pensions were indexed each year in April based on the average income and the consumer price index. Employers and employees contributed to the social security system and the State made up any difference between what was paid into the fund and what was paid out in benefits if there was any shortfall. Pensions had been eliminated for ministers and deputies.
The labour code had been amended to penalize sexual harassment and it was also criminalized in the penal code. The delegation affirmed that people had the right to strike and join labour unions. There were some people who did not have the right to participate in strikes as outlined in the labour code, but the Government worked with labour unions to ensure access for employees to the right to strike.
Regarding the informal sector, the delegation said people working as farmers or doing domestic work were often in the informal sector. There was partially paid leave for childcare of up to 3 years for working mothers and unpaid leave could be taken for 3 to 6 years for childcare. In principle, there was no discrimination against women in the private sector who went on maternity leave. Women who had children could not be dismissed while they were on leave and the employer had to keep their place for them in the company.
On the protection of the Roma community, the State was in the process of developing a comprehensive national plan of action which included a guarantee for access to jobs; this plan would be adopted by the end of this year.
On the question of the ombudsman and the national human rights institution, the delegation said that the Human Rights Centre had published a report on the observance of human rights in the Republic of Moldova and anyone who was interested could consult that report online. It contained four chapters and outlined the activities of the Centre as well as the progress of human rights in the country. There was also a study underway for the financing of the Human Rights Centre as well as the appointment of ombudsmen to ensure independence and transparency. The Human Rights Centre had been granted a “B” status and it was working to gain “A” status accreditation.
In terms of the justice system and corruption, a national strategy to combat corruption had been developed along with a national council to monitor its implementation. The justice system was being reformed, including the status of judges and their wages. All judges and magistrates had to declare their earnings as well. A new law would be adopted on remuneration of judges and court personnel before the end of this year. Judges had been instructed to directly apply international instruments in their cases and people bringing court cases could directly refer to rights enshrined in international instruments. The delegation did not have specific data on case law in terms of the application of the Covenant on Economic, Social and Cultural Rights.
There were only 94 inspectors in the Labour Inspectorate so they could not cover every enterprise in the country due to personnel and financial constraints. The delegation said they would like to strengthen this office.
The delegations said recommendations made by the Committee in 2003 were sent to all State agencies concerned for consideration and action. In the current report they had failed to explain what they had done to implement each of the recommendations from the past dialogue with the Committee, but they could provide this information upon request.
In a follow-up question, an Expert asked when the new integrated plan for social security would be finished and the new bill adopted. The delegation said the new integrated social assistance programme had been approved by presidential decree and implementation would begin in 2013. The aim was to bridge gaps in service and ensure equality and uniformity in the provision of services.
Questions by Experts
Regarding the right to health, a Committee member said that previous Committee recommendations had not been addressed in this area. The statistical data provided on health was not helpful because it was not disaggregated on an annual basis which would show improvements or worsening conditions. The Committee could not evaluate the data and say whether the State was meeting its obligations if they did not have comparative statistics. They were not interested in policies as such, but the effects of those policies. The report also did not address the recommendation on healthcare in prisons and there was very little information on drug abuse among young people. The Committee needed to know what was happening in all these areas in order to evaluate progress made and areas that still needed to be addressed. What was being done in the area of testing for sexually transmitted diseases before granting marriage licenses? There were reports that this testing increased corruption in the medical system because people paid bribes in order not to undergo HIV testing because of the stigma attached to being HIV positive.
On the issues of the protection of family and adequate living standards, an Expert raised the alarming issue of human trafficking. From various reports they could see the situation was still alarming, particularly for women and children. The Government had approved a two-year national plan to prevent and combat trafficking in human beings, but little was said about the status of the plan, whether it had been implemented and if so whether it had been effective. The poverty rate was very high in the Republic of Moldova. What was being done to decrease the unemployment rate among vulnerable groups such as women, young people and Roma? What was the anti-poverty strategy?
In terms of general medical practices and discrimination, children with HIV/AIDS could not be adopted and people with HIV/AIDS could not be naturalized. Patient confidentiality was not respected. Also, was abortion legal or illegal in Moldova and if it was illegal was it banned across the board or were there exceptions in certain cases?
How severe were sentences handed down for human trafficking cases and could the delegation refer to any court cases and convictions? The Republic of Moldova was a country of transit and destination so did the country work with other States to come up with a regional approach to this problem? It seemed that this problem was not being taken as seriously as it should be and the Expert wanted to know whether there was really the political will to tackle this problem. Also, what was being done to strengthen the family unit in the country as this often led to human trafficking as people left the country to find work or to escape family violence? Also, what was being done to address domestic violence, how many such cases had been prosecuted and what were the sentences for this crime?
Adequate housing for Roma seemed to be a problem, as did access to clean water and sanitation for the population in general. Why was this the case? Was it because the country lacked the resources to provide these things? Was there any assistance for the elderly who might be caring for grandchildren? The State’s reliance on institutional care for children should be reduced, so did the State have any concrete plans to do so? Why were children with mild disabilities placed in auxiliary schools instead of being integrated into mainstream schools? They were not even given diplomas, just certificates of completion, which prevented them from applying to college.
An Expert noted that abortion rates were high in the country because people used them as family planning and this reflected a lack of education and access to contraception. What did the State do to provide reproductive and sexual health education and how available and affordable was contraception in the country? People with epilepsy were treated as having psychiatric problems; what was being done to change this?
What was the situation of children whose parents had emigrated? Who were their guardians and did these people have parental rights?
Was domestic violence criminalized in domestic law and what financial resources were available to combat this problem? Was the healthcare system public or private and was access to healthcare widespread?
What was being done to eliminate child labour? Did the Government plan to create a quota system for persons with disabilities to require companies to hire them? Was it true that people who failed to pay their medical insurance could be subject to fine or arrest?
How many arrests and convictions had there been in cases of human trafficking and what were the penalties? The penalties seemed to be very light for travel and employment agencies that aided and abetted human trafficking. What was being done to punish these businesses that engaged in these practices? What was the Government doing to meet the 2015 Millennium Development Goals targets, and if these targets could not be met by 2015 when did the Government expect to meet them?
The delegation was requested to provide more information on homelessness in its next periodic report as well as the situation surrounding forced evictions.
Response of Delegation
Regarding poverty in Moldova, the delegation said the State had adopted a plan for economic growth and combating poverty. The economic crisis had forced them to delay a plan in 2009 to increase wages, but despite the crisis there had been increases in pensions every year based on the consumer price index and average wages. Pensions were funded by two sources, the social insurance budget and State budget.
It was true there were problems in rural areas and the young people could not find jobs so they asked for social welfare. The State’s objective was to ensure that people of working age could find work and would not be dependent on social welfare. They also had to change the system of unemployment benefits because there were people who collected benefits for years on end without looking for work. In terms of public housing, the delegation said there were problems in this area as well, but they had begun the first phase of their social housing programme. They had built three new buildings and would build more. The question was who should be given this housing? The delegation said young people should be a priority since they often finished school, could not find jobs and faced the spectre of homelessness. They were also building housing facilities for persons with disabilities. There was already a norm in place for the social protection of persons with disabilities, including in the area of employment, and they had instituted incentives for employers who hired persons with disabilities to increase the employment of persons with disabilities.
Turning to human trafficking, the delegation said the Republic of Moldova was a source of victims as well as a country of transit. There was domestic human trafficking as rural people became victims in big cities. The State party had ratified several international instruments dealing with prevention and punishment of human trafficking. They had developed with the International Organization for Migration a system of redirection of victims and potential victims to provide reorientation and rehabilitation. The programme included outreach to potential victims to prevent human trafficking from happening in the first place as well as transnational cooperation. They were also working on repatriation of victims of trafficking as well as agreements with States to which many of Moldova’s citizens were trafficked. They had developed an agreement with the Russian Federation and they were in the process of drafting one with Ukraine along the same lines. They were also working on an agreement with Italy regarding unaccompanied minors and their repatriation. In terms of monitoring these measures, an annual report was drawn up on the prevention and suppression of trafficking. In 2010 there were 140 criminal cases brought relating to human trafficking. There was a positive downward trend in this crime showing that it was being suppressed.
The delegation said that social assistance provided to victims and potential victims of trafficking was active in 31 regions, up from 5 in 2006. This system also helped people living with HIV/AIDS and substance abusers. The Ministry of Labour, Social Protection and Family was responsible for the repatriation of children and in 2009 it had made 20 trips to repatriate 42 children. Adults had also been repatriated, some of whom were victims of trafficking while others were migrants. For the first three months of this year, courts had considered 35 cases involving 40 accused. One person was sentenced to prison, 10 were sentenced to suspended prison sentences, 22 were fined and 1 legal entity involving several people was liquidated. For companies involved in human trafficking, if their licenses were revoked this meant they no longer had a business.
Concerning the question on what was being done for the social protection of migrant workers, the delegation said that the Republic of Moldova had signed agreements for the provision of social insurance for these workers in countries abroad and it was working on an additional eight agreements. The delegation was aware that migration split families and often meant children were left behind by their parents and older persons were left without anyone to care for them. There had been changes and additions made to national legal texts concerning the responsibility of parents who had gone abroad to uphold the rights of children left behind. They had also created a mechanism for the supervision and monitoring of the commission charged with the protection of children. They had amended the instruction issued to employees of child protective services. They had also tried to improve services for children left without parental supervision.
The State had provided for teaching assistance in schools for children with disabilities and children with HIV/AIDS. Psychologists would also be on hand to help these children in schools and they were being placed in police stations as well to uphold juvenile justice for minors accused of crimes or who were victims of crimes.
The delegation went on to say that the State had adopted a master plan to reform the residential institutionalization of children. Last year they created a body to coordinate the reform of children’s residential institutions and this system. Over 500 children had been returned to their biological families or foster families. With UNICEF’s support and in cooperation with local authorities and NGOs, the number of institutionalized children had fallen by 40 per cent. There had been 68 such residential centres with about 12,000 children in them; last year that number had fallen to 10 such schools with only 7,000 children in them. They had also developed a draft education code that included provisions on inclusive education.
Concerning sexual education, this had been introduced as a compulsory course for grades 5 to 12. There were modules on healthy lifestyles as well as religious tolerance and respect for persons with disabilities.
The labour code provided for paternity leave for childcare. In 2000 the number of fathers who took this leave was 2 per cent; in 2010 this figure was 30 per cent.
In terms of pensions, the delegation said the more one paid into the fund the more money they would receive in their old age. It was important to increase the number of people paying into the system and this would require getting people out of the informal sector and into formal employment.
The Roma in the Republic of Moldova were not nomadic and they enjoyed the same benefits and social allowances as everyone else in the country. The social benefits that had been introduced to family with low incomes went largely to families with lots of children, but within the year they would introduce this benefit for all families. In rural areas they had a problem with sanitation and drinking water which persisted for historical reasons. The problems today were not the problems of the Roma, but rather for all people living in rural areas.
Most apartments in the Republic of Moldova were privatized now, but if people had low incomes, they could not be evicted. In fact, the people most likely to pay their rent and communal services were low income people. The State provided assistance to the family and if they had debts for communal services these arrears were paid directly to the companies to ensure the allowances were not misused.
On the issue of combating domestic violence, the Government had adopted a law on the prevention and suppression of violence in the family in 2007. The law entered into force in 2008 because other laws had to be harmonized so as not to conflict with this law. It introduced violence in the family as a concept and defined different kinds of violence including physical, sexual, and psychological violence. It also defined family members in a broader way. Courts could also issue injunctions to protect members of a family from violence and domestic violence was now a matter of criminal responsibility with specific sanctions. The court was required to issue a protective injunction within 24 hours of receiving a complaint. At present, there were 50 such protection orders that had been issued by courts. Reporting on domestic violence was also improving.
There were centres for assistance for victims, but the law also stipulated that there must be a centre for the rehabilitation of aggressors as well. The State was working on opening such a centre by the end of this year.
In the 1990s many kindergartens were closed down because of a drop in the population, but now the demand for these facilities had increased again and they were opening up more centres to deal with the demand. They had opened 36 kindergartens in rural areas and there were plans to open 100 more.
The State had adopted a national policy in the area of health and they had moved away from the Soviet system that was in place before and they had instituted a system of compulsory state health insurance for children ages 0 to 18 years of age, college students, pensioners, persons with disabilities, and pregnant women regardless of employment status. Poor people had state health insurance which was fully paid for by the State so they did not have to contribute anything. The delegation said there was a downward trend in infant and maternal mortality and they had a national programme to prevent and combat tuberculosis, including in prisons. There were no provisions in family planning for abortions, although all women had the freedom to have one. There was no prohibition on abortion. Apart from the fact that the State had increased the internal financing of primary healthcare, they had also received a loan from the World Bank and a grant from the Netherlands which were totally devoted to primary healthcare. Doctors in rural areas now had updated equipment and laboratories and ambulance service had been increased in rural areas.
In terms of dealing with people with mental health issues and those with epilepsy, the delegation said they were closing psychiatric wards and opening up community centres staffed with doctors, psychiatrists and psychologists whose aims were to integrate people with mental health issues in society. Epilepsy was now defined as a neurological problem and not a psychological problem.
There were also plans to build roads and incentive schemes to get doctors to work in rural areas which would also increase access to healthcare in rural areas. There was a hotline that people could use to contact the Ministry of Health to report cases of discrimination, such as discrimination against people with HIV/AIDS in the provision of healthcare. Abortion was allowed by law and HIV positive women also had the right to abortions.
On nutrition for children, the delegation said that beginning last year all children in first through fourth grades received free meals. Regarding the compulsory healthcare scheme, the delegation said people and employers paid into the compulsory insurance system, but rural farmers often could not meet the payments so the State reduced the payment rates for them.
Questions by Experts
In a round of follow-up questions, an Expert asked for clarification on how the State repatriated victims of trafficking. The Expert also pointed out that the sentences for trafficking were lenient, and while the number of human trafficking cases was low, this did not mean the problem was a small one, only that it was underreported.
How did the State combat public health issues such as HIV/AIDS, alcoholism and drug abuse in the country?
An Expert asked for clarification on how the compulsory health insurance programme worked for people who were in the informal sector and did not contribute the required amount to the insurance scheme. There also seemed to be other gaps in coverage for certain vulnerable groups.
What criminal penalties were handed down for domestic violence?
Response of Delegation
The delegation said that the State party was using current methods with the help of the Global Fund to combat HIV/AIDS. They also had special programmes to combat smoking, alcohol abuse and cardiovascular diseases. They had two free hotlines for filing complaints. Compulsory medical insurance was provided by a State insurance company and 100 per cent of children were covered as well as all older people and university students.
The school curriculum had 12 compulsory courses for students, including a civics class. They were currently revising the curriculum and handbooks and including more information on healthy lifestyles. Alcohol and tobacco abuse was also covered in the curriculum. They were also preparing a ban on selling alcohol and tobacco near schools.
The delegation said that several ministries were involved in repatriation and the procedure was guided by the principle that repatriation only be carried out on a voluntary basis, excluding children under 10. If repatriation did not serve the best interests of the child, then competent authorities could choose not to repatriate the child on those grounds. The crime of human trafficking had severe sanctions including up to 25 years imprisonment for trafficking in children and up to 20 years for trafficking in adult persons. Crimes associated with trafficking included the illegal transport of children out of the country, the procurement of persons for prostitution and illegal migration.
In terms of inclusive education, there was a target programme to mainstream children with disabilities, but the main problem in this area remained the problem of infrastructure as well as social assistance personnel within the schools.
Questions by Experts
Committee Experts asked what was being done to ensue that people had both physical and financial access to all cultural heritages in rural and urban settings? Did the private sector contribute to the upkeep of cultural institutions in the country? Was their freedom of expression and performance or was there censorship?
How widespread was access to the Internet and was their a digital divide in the country? Was there an information divide in the country?
Was it true that parents had to contribute informal payments for their children’s education, which led to high drop out rates for poor students? Were students who stayed in school, but could not afford to make these informal payments, discriminated against? The delegation was asked to provide information and clarification regarding these allegations.
Were there any schools where the Roma language was taught or the language of instruction was Roma?
Response of Delegation
The delegation said it recognized that it did not have disaggregated data on children with HIV/AIDS, Roma children, children in conflict with the law and children from poor families. They hoped to be able to present this information in their next report. There had been increases in the education budget every year, but there were still problems with informal payments that parents were required to make. They had a draft provision before the Government on cooperation between educational establishments and the parents associations. There were two secondary schools and one kindergarten that offered various activities and courses on Roma culture. There was also a compulsory class for all students on the history and culture of the Roma.
With regards to higher education, a lot of money was being spent on science with the view that this would be the driving force in the economy in the future. Large numbers of people in rural areas had Internet access so they could use Skype to communicate with relatives abroad.
They had a Ministry of Culture and they had created a national office of interethnic relations. The constitution said creativity could not be censored, not could science or culture. Concerts in rural areas were usually free of charge and one day per year the people had free access to all the country’s museums, so a lot was being done to make culture accessible to everyone.
Concluding Remarks
In concluding remarks, Sergiu Sainciuc, Deputy Minister of Labour, Social Protection and Family, thanked the Committee members for their comments, views and tough questions. The priority of the Republic of Moldova was the realization and enjoyment of the standards enshrined in international instruments. Despite some economic and environmental setbacks, the State had undertaken all necessary efforts to ensure that all relevant government agencies, in conjunction with civil society, fulfilled their obligations in terms of implementation of the Covenant. The comments and recommendations of the Committee would help the Republic of Moldova fulfil the rights enshrined in the Covenant. These recommendations would allow them to draw up a government action plan. It was a fruitful exercise.
For use of the information media; not an official record
ESC11/005E