APPEAL upon the priority treatment of the issues related to guaranteeing human rights in the Transnistrian region
Promo-LEX association welcomes the resumption of the activities of the Permanent Conference on Political Issues within the Negotiation Process towards a Transnistrian Settlement (5+2 Negotiations)[1] and addresses the participants the following message:
Promo-LEX association is confident that the politica discussions and negociation process is the most efficient tool to identify solutions with respect to transnistrian settlement.
Promoting and protecting the human rights are fundamental components required for the development of a modern society based on dignity and respect for all human beings. In this context, we also reiterate that the Transnistrian region faces a number of issues related to monitoring and protecting human rights,[2] in particular the lack of any efficient instruments to monitor and protect social, political, cultural and economic rights.
The conviction of Promo-LEX Association is based on the rules of international law, the principles regarding the obligation to promote and respect human dignity. Therewith, since human rights have been declared universal applicable legal rules[3], Promo-LEX reiterates its belief and repeatedly addresses to the participants of 5 plus 2 Negotiations to initiate a process of identifying ad hoc and temporary instruments to allow for both monitoring the situation regarding the human rights and fundamental freedoms and transparent, accurate and efficient protection thereof. This process must include possibility of inviting and the participation of a wide circle of experts and relevant actors, also on behalf of local, national and international NGOs.
Promo-LEX Association requests the uniform application of the principles of legal liability in order to make accountable the persons exercising control over a territory, abusing or violating fundamental human rights. We point out in this respect that any administration, either de jure or de facto, shall be bound to comply with the international rights and fundamental freedoms and shall be accountable for the violation thereof.
Promo-LEX Association is acutely concerned at the lack of the consideration of these issues and the situation of the human rights in the Transnistrian region, the lack of any interest regarding the environment in which the civil society, human rights defenders develop and carry out their activity, as well at the freedom of media in the region. With regard to these concerns, the Association has previously repeatedly approached constitutional authorities and relevant international authorities, recently having delivered reports to the UN Human Rights Council within the Universal Periodic Review, drafting recommendations related to different areas which require immediate consideration[4].
The Association considers it a priority to identify within the negotiations certain solutions for establishing legal and reliable mechanisms and instruments to guarantee monitoring, promotion and protection of human rights and fundamental freedoms in the Transnistrian region of the Republic of Moldova.
In this respect, with the resumption of the negotiations, Promo-LEX Association requests the Republic of Moldova, OSCE, Ukraine, Russian Federation, European Union and United States of America, (participants to 5 plus 2 Negotiations) to initiate as soon as possible procedures for the establishment of legal and reliable mechanisms for the inhabitants of the Transnistrian region. These could serve as practical instruments for the population in the region to protect and defend their fundamental and constitutional rights.
Promo-LEX considers that human rights related aspects are core elements to positively and effectively facilitate the process of identifying solution for the peaceful and political transnistrian settlement. By ignoring them, the negotiation process shall remain formal, inefficient and ineffective as it was from the very beginning.
Chișinău,
June 2, 2016
For further details please contact Alexandru POSTICA, Program Director, Tel: (22) 450024, e-mail: [email protected]
[1] http://www.gov.md/ro/content/viceprim-ministrul-gheorghe-balan-va-conduce-delegatia-republicii-moldova-la-lucrarile
[2] https://promolex.md/upload/publications/ro/doc_1456848315.pdf
[3] http://data.consilium.europa.eu/doc/document/ST-11855-2012-INIT/ro/pdf
[4] https://promolex.md/index.php?module=press&cat=0&&item=2010

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