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2007 Assessment

Moldova: Integrity Indicators Scorecard

Moldova: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	75
16	Are citizens able to participate equally in the political process?	80

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments:

References: Constitution of RM (1994) - Art.38 The 'will of the people is the basis of state power'. This will is expressed through free elections, which are conducted regularly via universal, equal, direct, secret and freely expressed elections. Election Code (No.1381-XIII of 21.11.1997)

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments: In case elections do not bring relevant results, the Central Election Comission may decide to hold new or repeated elections, according to the legislation, in order to ensure that the free will of the voters is fully taken in consideration. The results of elections are validated by a court's decision, providing opportunities to the contestants to challenge this decision in an upper court.

References: Election Code (No.1381-XIII of 21.11.1997) stipulates specific conditions under which parliamentary elections and local elections are held regularly, at every four years, intermitently, being supervised by a Central Election Commission.

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: Citizens that live and work abroad cannot participate in elections, because legislation does not allow mailing voting system, while the existing consular offices are not sufficiently present in those countries where there are large communities of Moldovans working legally or illegally.

References: Constitution of RM (1994) - art.38 stipulates the right to vote and be elected to all citizens of the RM age of 18 years by the day of elections; the sole exception referes to imprisoned people.

Peer Review Comments: Another impediment is that citizens must vote in the locality where they are formally registered as residents. People who are elsewhere but their official residence at the time of voting may not be allowed to vote.

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: Voting is expressed secretly (art.6 of the Code), thus avoiding influences of the electorate. Voting is made in specially-furnished spaces/rooms, where secret voting can be ensured, and where every voter may vote in separate cabines, orderly, under strict supervision of the precinct's election commission, in accordance to the procedures stipulated by law.

References: Coalition 2005, 2007 Monitoring reports on elections Election Code (1381-XIII of 21.11.1997)

Peer Review Comments: In practice, intimidations are widely used to limit the secrecy of votes. In local elections of 3 June 2007 the set-up for voting within polling stations was inadequate, and the capacity of ballot boxes insufficient for the number of ballots cast. Also, the practice of purchasing votes was evident. Campaigning in favor of Communists' candidates was present on E-day. Also, there were cases when voters were asked to show with whom they voted (by Communists' members).

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: Elections are generally held according to a regular schedule. Parliamentary elections are called by the CEC with three months prior to the termination of the mandates of the incumbent legislative chamber (101 MPs), according to art.76 of the Code. The date of elections is set by the Parliament with at least 60 days prior to the date of elections. In case of the Parliament dissolution, a presidential decree deciding this will also include the date for upcoming elections (art.76). The date for local elections is set by the Parliament, with 60 days before the elections, and three months before the termination of the mandate of the local governmental officials.

References: Election Code Constitution of RM

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments: By law, citizens can freely join parties and social-political movements, which contribute to the crystalization of the political will of citizens in elections. Parties are equal before law, and the state shall provide fair and equal conditions of treatment to all political entities registered according to the law. The legislation prohibits explicitely those parties that aim to curb political pluralism, principles of the state of law, sovereignty and territorial integrity of the country. Secret associations are equally prohibited by law, and so are the parties formed by foreign citizens.

References: Constitution of RM (1994) Law on Political Parties (No.718-XII of 17.09.1991)

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: Citizens of RM have the right to participate directly in the administration of public affairs, or by their representatives. Each citizen has a protected right to compete, in accordance to the law, to a public function, while specific legislation (Law on Civil Service, Law on Public Local Administration, Law on Government, etc) specifically define the general conditions for competition, as well as for running these functions.

References: Constitution of the RM (art.39) - Right to Administration

Peer Review Comments: According to a draft law, citizens who hold double citizenship (allowed by Constitution) will not be eligible to run for public functions (including Parliament, Presidency, Government and local government).

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: Although in general political parties may act and develop more or less freely in RM, there were certain hindrances posed by the Ministry of Justice for the registration of the European Action Movement in 2007, which retained the statute, program and lists of members for 'routine controls', and that was perceived as a purported action to block the Movement to participate in local elections of 2007. So, the Ministry of Justice delayed registration of the association from November 2006 till May 2007, and did not even accept its registration.

References: Law on Political Parties (No.718-XII of 17.09.1991);

Azi news European Action Movement considers its rights continue to be violated rudely May 2, 2007 www.azi.md/news -

Peer Review Comments: Other political parties (Party for Social Democracy, Centrist Union and Social-Democratic Party) that expressed their will to merge spoke drew attention to the fact that a new registration of the party will face obstacles and delays in approving the list of members and their signatures

16d: In practice, all citizens can run for political office.

Score:

100

Comments: Public service remains untransparent, over-bureacratized and with little attraction to young specialists. Salaries are dismal, and the recruitment of new public officials is usually done in strong disagreement with general recommendations on public sector reform, under strict guidelines of the ruling party ideological predilections. Corruption and clientelle-based decisions have certainly kept at arms distance young and talented managers, who preferred to run for private jobs or for positions within multi-national companies or international representative offices, which are much better paid.

References: National Report on Human Development (2006), done by UNDP in Moldova

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: In practice, there are more than one political parties represented in the Parliament, in which 55 mandates belong to the members of the Communist faction (CPM), while the rest are divided among mainly right-centre and centre-sided political parties (AMN, PPCD, PD, PSL, PDS).

References: Central Electoral Commission: www.cec.md;

ADEPT independent election information web site: www.alegeri2005.md;

Prodemo independent election information web site: www.elections2005.prodemo.md;

Social Democratic Party web site: www.psdm.md;

Christian Democratic Popular Party web site: [ LINK ];

Democratic Moldova Bloc web site: [ LINK ]

Peer Review Comments: Actually, as funny as it sounds, all parties but one (Communist) stay in the opposition camp.