EUROPEAN PARLIAMENT2009Session document
JOINT MOTION FOR ARESOLUTIONpursuant to Rule 103(4) of the Rules of Procedure, by– José Ignacio Salafranca Sánchez-Neyra, Marian-Jean Marinescu, CharlesTannock, Alexandru Nazare and Daniel Petru Funeriu, on behalf of the PPEDEGroup– Graham Watson, Annemie Neyts-Uyttebroeck, Jelko Kacin, Karin Resetaritsand Cristian Silviu Busoi, on behalf of the ALDE Group– Konrad Szymański, Wojciech Roszkowski, Adam Bielan and Inese Vaidere, onbehalf of the UEN Group– Marie Anne Isler Béguin, and Elisabeth Schroedter, on behalf of theVerts/ALE Groupreplacing the motions by the following groups:– ALDE (B6-0262/2009)– Verts/ALE (B6-0265/2009)– UEN (B6-0266/2009)– PPE-DE (B6-0267/2009)on the situation in the Republic of MoldovaEuropean Parliament resolution on the situation in the Republic of MoldovaThe European Parliament,– having regard to its previous resolutions on the Republic of Moldova, in particular that of 24February 2005, as well as those on the European Neighbourhood Policy (ENP) and BlackSea Regional Cooperation,– having regard to the Final Statement and Recommendations of the EU-Republic of MoldovaParliamentary Cooperation Committee meeting of 22-23 October 2008,– having regard to the Commission Strategy Paper of 2004, including the Republic of Moldovacountry report,– having regard to the Partnership and Cooperation Agreement signed on 28 November 1994between the Republic of Moldova and the EU, which entered into force on 1 July 1998,– having regard to the Communication of 3 December 2008 from the Commission to theEuropean Parliament and the Council on the Eastern Partnership (COM(2008)0823),– having regard to the aid provided by the European Union to the Republic of Moldova in theframework of ENPI, including for the project 'Electoral Support to the Republic of Moldova',which provided financial assistance in support of free and fair elections in the Republic ofMoldova,– having regard to the EU-Republic of Moldova ENP Action Plan adopted at the seventh EUMoldovaCooperation Council meeting on 22 February 2005, as well as to the annualprogress reports on the Republic of Moldova,– having regard to the EU-Republic of Moldova Visa Facilitation Agreement signed in 2007,– having regard to the statement of preliminary findings and conclusions of the InternationalElection Observation Mission to the Republic of Moldova for the parliamentary elections of5 April 2009 and to the OSCE/ODIHR's post-election report for the period 6-17 April 2009,– having regard to the joint statement of 9 April 2009 by the French, Czech and SwedishMinisters of Foreign Affairs on the situation in the Republic of Moldova,– having regard to the EU Presidency statements of 7 and 8 April 2009 on the situation in theRepublic of Moldova,– having regard to the Conclusions of the General Affairs and External Relations Council of27-28 April 2009, as well as to the exchange of views on this issue with the EU Presidencyheld in its Committee on Foreign Affairs on 28 April 2009,– having regard to the statements of 7 and 11 April 2009 by Javier Solana, EU HighRepresentative for the CFSP, on the situation in the Republic of Moldova,– having regard to the statements of 6, 7 and 11 April 2009 by Benita Ferrero-Waldner,Commissioner for External Relations, on the situation in the Republic of Moldova,– having regard to the statement of 12 April 2009 by the UN Country Team in the Republic ofMoldova,– having regard to Resolution No 1280 of the Council of Europe of 24 April 2002,– having regard to Amnesty International's Moldova Memorandum of 17 April 2009 on thesituation in the Republic of Moldova during and after the events of 7 April 2009,– having regard to the report of its ad hoc delegation to the Republic of Moldova, whose visittook place from 26 to 29 April 2009,– having regard to Rule 103(4) of its Rules of Procedure,A. whereas the ENP and the Eastern Partnership due to be launched shortly recognise theRepublic of Moldova’s European aspirations and the importance of Moldova as a countrywith deep historical, cultural and economic links with the Member States of the EuropeanUnion,B. whereas the EU-Republic of Moldova Action Plan aims at encouraging political andinstitutional reforms in the Republic of Moldova, including in the fields of democracy andhuman rights, the rule of law, independence of the judiciary and freedom of the media, aswell as good-neighbourly relations,C. whereas a goal set for June 2009 is to launch the negotiations on the new Agreement betweenthe Republic of Moldova and the EU at the EU-Moldova Cooperation Council,D. whereas the Republic of Moldova is a member of the Council of Europe and of the OSCEand has thus committed itself to genuine promotion of democracy and respect for humanrights, including in the field of preventing and fighting torture, ill-treatment and otherinhumane and degrading treatment,E. whereas parliamentary elections took place in the Republic of Moldova on 5 April 2009, andwhereas they were monitored by an International Election Observation Mission composed ofthe OSCE/ODIHR and representatives from the European Parliament, the OSCEParliamentary Assembly and the Parliamentary Assembly of the Council of Europe,F. whereas serious concern was expressed during the pre-electoral period about governmentcontrol of the public media, intimidation and harassment of opposition leaders and theprivate media and misuse of administrative resources for the benefit of the government party,G. whereas between 500 000 and 1 million Moldovans live abroad, and whereas severalappeals signed by a large number of NGOs and associations of the Moldovan diaspora,including one addressed to the President of the Republic of Moldova, the President ofParliament and the Prime Minister of Moldova in February 2009 concerning measuresdepriving Moldovans living abroad of the right to vote, were sent to the Moldovan authoritiesprior to the elections of 5 April and were ignored; having regard to the very limited number(22 000) of Moldovan voters outside the Republic of Moldova,H. whereas the de facto authorities of the breakaway region of Transnistria prevented theparticipation of a large number of Moldovan citizens in the elections,I. whereas the International Election Observation Mission concluded in its preliminary findingsthat the elections met many international standards and commitments, but that furtherimprovements were required to ensure an electoral process free from undue administrativeinterference and to increase public confidence,J. whereas the opposition parties and Coalition 2009 complained about massive irregularitiesduring the election of 5 April in the preparation of lists of voters and supplementary lists andin counting and tabulation,K. whereas, after a recount, the final results of the elections were published by the CentralElection Commission on 21 April 2009 and validated by the Constitutional Court on 22 April2009,L. whereas the events that followed the elections were characterised by violence and theMoldovan Government’s massive campaign of intimidation and violence, thus casting doubton the commitment of the Moldovan authorities to democratic values and human rights andon the existence of public confidence in those authorities,M. whereas peaceful protests were fuelled by doubts regarding the fairness of the elections anddistrust of public institutions, including those that administered the electoral process, andwhereas regrettable acts of violence and vandalism were exploited by the authorities tointimidate civil society by responding in a violent and disproportionate manner and to furtherrestrict the already fragile fundamental rights and freedoms of Moldovan citizens,N. whereas it is accepted that at least 310 people were arrested and detained, whereas a certainnumber of those arrested are still being held in prison, and whereas, when arrested, detaineessuffered systematic ill-treatment at police stations to an extent that might be regarded astorture,O. whereas beatings and unwarranted arrests of civilians by unidentified police units seemed notto be directed towards pacifying the situation, but rather to lead to deliberate acts ofrepression,P. whereas serious human rights abuses committed by the Moldovan authorities, unjustifiedharassment of representatives of civil society and protesters and instances of disregard for therule of law and relevant European conventions to which the Republic of Moldova is asignatory are still continuing in that country,Q. whereas the Moldovan Government accused Romania of involvement in the post-electoraldemonstrations and expelled the Romanian ambassador; whereas the Moldovan Governmentalso restored the visa obligation for citizens of that EU Member State,R. whereas it must be stressed that no serious indications or evidence have come to light on thebasis of which any EU Member State could be accused of being responsible for the violentevents of recent weeks,S. whereas a genuine and balanced partnership can only be developed on the basis of commonvalues with regard, in particular, to democracy, the rule of law and respect for human rightsand civil liberties,T. whereas the European Union is seeking to establish, through its programme for an EasternPartnership, greater stability, better governance and economic development in the Republicof Moldova and in the other countries at its eastern borders,1. Underlines the importance of a closer relationship between the EU and the Republic ofMoldova and confirms the need to work together to contribute to increased stability, securityand prosperity on the European continent and to prevent the emergence of new dividinglines;2. Reaffirms its commitment to continuing a meaningful and goal-oriented dialogue with theRepublic of Moldova, but attaches great importance to the introduction of strong provisionsregarding the rule of law and respect for human rights, while stressing that furtherconsolidation of relations, including through the conclusion of a new, enhanced agreement,should be made contingent on a real and manifest commitment on the part of the Moldovanauthorities to democracy and human rights;3. Stresses that full compliance with international democratic standards before, during and afterthe electoral process is of the greatest importance for the further development of relationsbetween the Republic of Moldova and the European Union;4. Strongly condemns the massive campaign of harassment, grave violations of human rightsand all other illegal actions carried out by the Moldovan Government in the aftermath of theparliamentary elections;5. Urges the Moldovan authorities to immediately cease all illegal arrests and conductgovernment action in accordance with the country's international commitments andobligations with regard to democracy, the rule of law and human rights;6. Is particularly concerned about the illegal and arbitrary arrests and the widespread violationsof the human rights of arrested persons, in particular the right to life, the right not to besubjected to physical abuse, torture or inhumane or degrading treatment or punishment, theright to freedom and safety, the right to a fair trial and the right to freedom of assembly,association and expression, and about the fact that these abuses are still continuing;7. Stresses that a national dialogue must be established, with the participation of thegovernment and the opposition parties, in a serious effort to fundamentally improvedemocratic procedures and the functioning of democratic institutions in the Republic ofMoldova, and that it must immediately address the deficiencies noted in the findings of theInternational Election Observation Mission;8. Underlines, however, that internal tensions in the Republic of Moldova are very high andtherefore firmly believes that there is an urgent need to create an independent investigatorycommittee, involving the EU, the Council of Europe’s Committee for the Prevention ofTorture and independent experts, aimed at ensuring an impartial and transparent process ofinvestigation;9. Insists that all those found responsible for the brutal violence against detainees be brought tojustice; insists, further, that the findings of the investigatory committee should also lead to agenuine reform of the legal system and the police forces in the Republic of Moldova;10. Calls for a special investigation to be conducted into the cases of those who died during theevents following the elections as well as into all allegations of rape and ill-treatment duringdetention and politically-motivated arrests, such as those of Anatol Matasaru and GabrielStati;11. Condemns the campaign of harassment launched by the Moldovan authorities againstjournalists, civil society representatives and opposition parties, involving in particular arrestsand expulsions of journalists, interruption of access to websites and TV stations,broadcasting of propaganda on public channels and denial to opposition representatives ofaccess to the public media; considers that these actions are intended to isolate the Republic ofMoldova from domestic and international media and public scrutiny; deplores and condemnsthe continuation of this censorship through the letters sent by the Minister of Internal Affairsand the Minister of Justice to NGOs, political parties and the mass media;12. Strongly deplores the decision by the Moldovan authorities to expel the RomanianAmbassador and to introduce a visa obligation for citizens of that European Union MemberState; insists that discrimination against EU citizens on the basis of their national origin is notacceptable and calls on the Moldovan authorities to restore the visa-free regime forRomanian citizens;13. Urges the Council and the Commission, at the same time, to undertake a review of the EU'svisa system for the Republic of Moldova in order to relax the conditions for granting visas toMoldovan citizens, especially the financial conditions, and to make better regulated travelarrangements possible; hopes, however, that Moldovan citizens will not take advantage of abetter visa and travel system to start a mass exodus from their country, but will beencouraged to make an active contribution to the further development of their home country;14. Notes that claims that an EU country was involved in the events seem unfounded and werenot discussed or repeated during the meetings held by the ad hoc delegation in the Republicof Moldova;15. Requests immediate and substantial proof in support of any allegation by the MoldovanGovernment concerning the supposedly criminal actions of the protesters and theinvolvement of foreign governments;16. Takes note of the statements by the Moldovan authorities with regard to the opening of acriminal file on the 'attempted usurpation of state power on 7 April' and calls for theinvestigation to be conducted in a transparent manner and to clarify all the allegations madeby the Moldovan authorities with regard to the possible involvement of one or morethird countries in these events;17. Considers it unacceptable, while condemning all acts of violence and vandalism, to presentall protests as criminal acts and an alleged ‘anti-constitutional plot’; believes that peacefulprotests were considerably fuelled by doubts regarding the fairness of the elections, distrustof public institutions and dissatisfaction with the social and economic situation in theRepublic of Moldova;18. Believes that constructive dialogue with the opposition parties, civil society andrepresentatives of international organisations is the only way out of the current situation inthe Republic of Moldova;19. Emphasises that any new election requires a consensus between the opposition andgovernment on concrete improvements to the electoral process;20. Reiterates the importance of the independence of the judiciary, and calls for further steps toensure the editorial independence of all media, including Radio Television Moldova, and thecessation of any intimidation against the ProTV Channel and of any threats relating to theextension of its licence, and for considerable improvements in the Moldovan electoral law ascrucial elements of any future electoral process and democratic consolidation in the Republicof Moldova;21. Deplores the fact that the Moldovan Government made no efforts to facilitate voting byMoldovan citizens living abroad, in line with the suggestions of the Venice Commission;calls on the Moldovan authorities to adopt in due course the necessary measures for this totake place;22. Stresses the considerable discrepancies between the OSCE/ODIHR preliminary report onthe conduct of the elections and the claims of widespread irregularities by aconsiderable number of Moldovan NGOs; points out that such discrepancies must betaken into account in any future review of OSCE/ODIHR election monitoring activitiesand EU contributions to international election observation missions;23. Believes that, in order to preserve its credibility for the people of the Republic ofMoldova, the EU should become involved in the management of the current situation in aproactive, profound and comprehensive way; urges the Council to consider the possibilityof sending a Rule of Law Mission to the Republic of Moldova, in order to assist the lawenforcement authorities in their reform process, especially in the police and justice areas;24. Stresses that the Commission, the Council and the Member States must make full use of theENP and, in particular, of the new programme for the Eastern Partnership to establish greaterstability, better governance and balanced economic development in the Republic of Moldovaand in the other countries at the Union's eastern borders;25. Calls on the Commission to ensure that EU funding available to the Republic of Moldovain the field of human rights and fundamental freedoms has greater outreach, in particularby making full use of the European Instrument for Democracy and Human Rights andthe provisions of the ENP instrument; calls on the Commission to submit to it a detailedreport on the use of all European funds in the Republic of Moldova, with special focus onthe funds allocated to good governance and democratic development;26. Calls on the Council and the Commission to strengthen the mission of the EU SpecialRepresentative to the Republic of Moldova, in terms of both its scope and its means;27. Reiterates its support for the territorial integrity of the Republic of Moldova and points outthat a more robust EU role in finding a solution to the Transnistrian question is needed;28. Stresses once again that the European Union must do everything in its power to offer thepeople of the Republic of Moldova a truly European future; urges all political forces in theRepublic of Moldova and Moldova's partners not to take advantage of the current situationof instability to divert Moldova from its European course;29. Instructs its President to forward this resolution to the Council, the Commission, theParliamentary Assemblies of the Council of Europe and the OSCE and the Governmentand Parliament of the Republic of Moldova.