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From Ethnopolitical Conflict to Inter-Ethnic Accord in Moldova

ECMI Recommendations of the Seminar "From Ethnopolitical Conflict to Inter-Ethnic Accord in Moldova"

Flensburg, Germany, and Bjerremark, Denmark, 12 to 17 September 1997

(Office Translation of the Russian Original)

The participants of the Seminar organised by the Danish-German European Centre for Minority Issues have evaluated the possibility of continuation along the road from ethnopolitical conflict to inter-ethnic accord in Moldova. They have examined the possibilities of application of the proposals set forth in the Memorandum on the Bases for Normalisation of Relations Between the Republic of Moldova and Transdniestria of 8 May 1997 and in the Joint Statement of the Presidents of the Russian Federation and Ukraine in the presence of the Acting Head of the OSCE in Connection with the Signing of the Memorandum of the same day, while further developing the principles enunciated in Report No. 13/93 of the OSCE Mission to Moldova of 13 November 1993, and giving consideration to the experience gained from the resolution of the Gagauz problem.

The organizers of the seminar offer the following recommendations:

1. As emanates from Article 2 of the Memorandum, the Parties shall continue the establishment between them of state-legal relations within the framework of a single subject under international law: the Republic of Moldova.

2. In accordance with Article 11 of the Memorandum, the Parties have agreed to build their relations in the framework of a common state. The common state, the Republic of Moldova, consists of right-bank Moldova together with Gagauzia, and of Transdniestria. The statehood of Transdniestria shall be recognised according to the internal state law of the Republic of Moldova. The extent of its statehood shall be defined by a special constitutional law, adopted by the Republic of Moldova and Transdniestria, which shall implement the provisions of the agreements between the Parties. The observance of this constitutional law by both Parties could be monitored by a special organ created for this purpose on a parity basis. The Court of Conciliation and Arbitration of the OSCE could fulfil this role on the international level. The statehood of Transdniestria as an integral part of the Republic of Moldova is an expression of the internal self-determination of the population of Transdniestria. As is stated in Report No. 13/93, in case of a change in the statehood of the Republic of Moldova without consent from both Parties, the population of Transdniestria has the right to external self-determination.

3. In accordance with TransdniestriaŽs right to statehood under the internal state law of the Republic of Moldova, it can be organised as a state-territorial formation in the form of a republic. It ensues from this right that the special constitutional law shall reaffirm the right of Transdniestria to its own constitution and to its own legislative, executive and judicial powers. The Constitution of Transdniestria shall not contradict the Constitution of the Republic of Moldova. The laws of Transdniestria shall not contradict the Constitution and the laws of the Republic of Moldova. The constitutions and laws of both Parties shall not contradict the special constitutional law on the special status of Transdniestria as an integral part of the Republic of Moldova. Within the framework of the constitutions, laws and agreements, the decisions of the courts located on the territory of Transdniestria are subject to the control of the Constitutional and Supreme Courts of the Republic of Moldova to the extent specified in Report No. 13/93. With respect to Gagauzia, the Statute of Gagauz Yeri shall not contradict the Constitution of the Republic of Moldova. At the same time, the central authorities of the Republic of Moldova must guarantee the conditions for the practical realisation of normative acts adopted by the organs of self-rule of Gagauzia.

4. As an example of the distribution of power between the common state and Transdniestria, the Memorandum mentions foreign policy. In Article 3 of the Memorandum it is stated that Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law. It ensues from this provision that a concrete mechanism for the participation of Transdniestria in the conduct of the foreign policy of the Republic of Moldova must be worked out.

5. It is written in Article 3 of the Memorandum that Transdniestria has the right to unilaterally establish and maintain international contacts in specified spheres. This provision was also included in Report No. 13/93. This Report is based on the state-legal principle that the scope of international competencies conforms to the scope of internal state competencies. Report No. 13/93 proposes, for example, that in the field of internal economic competencies the common state will carry out monetary and financial policy on the entire territory of the Republic of Moldova. This signifies that only the common state can be a member of international financial organisations. But within the framework of the common stateŽs regulation of the bases for economic and social life, Transdniestria must have the right to direct participation in international trade and other forms of economic co-operation. This provision also concerns Gagauzia. The economic self-rule of Transdniestria, in a system which, until privatisation has taken place, will continue to be based upon state ownership, presupposes in principle ownership by the Republic of Transdniestria.

6. Article 2 of the Memorandum states that the document defining the status of Transdniestria shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees. In Article 7, the Parties direct a request to the OSCE to continue its assistance in the compliance of the agreements between them. There is an informal proposal which was made by the Swiss delegation at the Kiev Seminar in the summer of 1996. It consists of three fundamental elements:

In addition, in case of a crisis, according to Chapters 7 and 8 of the Charter of the United Nations, the Security Council can decide upon measures if called on by any member of the United Nations.

7. With respect to the state and official languages, the statehood of Transdniestria according to the internal state law of the Republic of Moldova entails that Transdniestria has the right to designate republic languages on the territory of Transdniestria in addition to the Moldovan language which is the state language on the entire territory of the Republic of Moldova. The settlement of the use of the state language or of the state languages is ascribed to the common state, as was already proposed by the OSCE Mission in Reports Nos. 11/93 and 13/93.

8. Regarding national minorities, Transdniestria has the right to adopt and implement for the benefit of national minorities legislative acts, which shall not contradict European and other international legal acts in this context.

9. The Seminar participants are convinced that the successful resolution of the conflict must be founded on the development of economic ties between the Parties on the basis of the formation of a single customs space eliminating dual taxation on the territory of the common state of the Republic of Moldova, and on the basis of the development of concrete mechanisms for the rapprochement of the banking systems and for a step-by-step transition to a single monetary system.

10. During the discussion on the situation of higher education, the Seminar participants set forth concrete proposals for the expansion of the university sphere and for the development of ties between institutions of higher learning in various regions of the Republic of Moldova. They stressed the importance of retaining cadres in institutions of higher learning and improving their qualifications also through international ties. Transdniestria and Gagauzia must have the right to establish their own universities. From this ensues the right to recognition of the diplomas of Transdniestrian and Comrat universities by the common state and on the international level according to international agreements.

11. The Seminar participants have agreed to co-operate in the resolution of problems which includes adopting and implementing legal acts on amnesty for persons involved in the armed conflict which would contribute to the consolidation of measures of confidence and mutual understanding between them.

The Seminar participants share the opinion that the search for a political solution to the Transdniestrian conflict could be based on the above-mentioned principles.

The participants believe that the continuation of the Seminar would be extremely helpful. They are grateful to the European Centre for Minority Issues and to the governments of Denmark, Germany and Schleswig-Holstein for their hospitality.

Co-chairmen of the Seminar
ROLF WELBERTS, PROF. DR. MICHAEL GEISTLINGER

With the participation of

Bjerremark, Ubjerg/Tønder, 16 September 1997

ECMI Report #1

ECMI Recommendations

Evaluating Policy Measures for Minority Languages in Europe
Spiritual Heritage and Cultural Renewal: Ukrainian Jewry at a Crossroads
Implementation of the Council of Europe Framework Convention for the Protection of National Minorities
From Ethnopolitical Conflict to Inter-Ethnic Accord in Moldova
Towards Effective Participation of Minorities
Chairman's Conclusions

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