The People’s Advocates are disappointed by the authorities’ reaction to their official approach regarding the identification of additional funds for adequate equipment and the protection of medical workers from contamination with COVID-19.
The Ombudsmen regret the way the authorities reacted to the approach, with the admission of less protocolar replies or statements to the People’s Advocate. The People’s Advocate and the People’s Advocate for Children’s Rights believe that such an approach to the Ombudsman’s recommendations is inefficient and destructive in a democratic state. Ombudsmen and their team do NOT criticize authorities that make superhuman efforts to deal with such a crisis situation, which is a serious test for more prosperous states, with a much stronger health system. The People’s Advocates are aware of the seriousness of the state of affairs and the difficulty of the tasks that the authorities have to solve.
That is why the Ombudsman’s approaches are exclusively intended to help them, by using the attributions provided by the international standards regarding the functioning of the National Human Rights Institution – highlighting the existing problems and consulting on the actions to be taken. To this end, on March 19, the People’s Advocates sent an approach requesting the hearing of the Prime Minister [1], Ion Chicu, to discuss the establishment of a mechanism for cooperation and exchange of information between the People’s Advocate Office and the Commission for Exceptional Situations, in order to ensure the respect of human rights and freedoms in the Republic of Moldova during the state of emergency. But the request in question was not accepted. In such situations, in accordance with the provisions of Article 24, paragraph 4) of Law no. 52 on the People’s Advocate, the Ombudsman can inform the public opinion about the problems detected.
The People’s Advocate reiterates that the purpose of a National Human Rights Institution is to ensure respect for human rights by the authorities, to monitor the situation in the human rights field and to signal to the authorities about the existing problems, to recommend them to be solved. Given this mission, the activity of a National Human Rights Institution, the reactions or approaches of an Ombudsman can be disturbing to the authorities. The Ombudsman signals that the authorities should intervene, in case of necessity, according to the competence, whenever the human rights and freedoms are not ensured.
A National Human Rights Institution may not be a very convenient one for the authorities, but very useful if they are aware of the value of close collaboration with the Ombudsman and his team. This is precisely the role of a National Human Rights Institution in a democratic state – to disturb the authorities, pointing them about certain shortcomings in respect of human rights. And in order for its activity to bear fruit the authorities must show a serious and responsible attitude towards the Ombudsman’s recommendations and work with him.
The State of the Republic of Moldova has taken a brave and assumed decision, in 1998, to create the National Human Rights Institution – a tool for monitoring the respect for human rights characteristic to democratic countries.
The activity of the People’s Advocate Office as a National Human Rights Institution is not and cannot be directed against the authorities, but it is aimed at their actions or inactions in order to ensure respect for human rights in the Republic of Moldova. Given the epidemiological situation in the country and the emergency situation, the institution not only cannot change its intervention mode, but is obliged to strictly monitor the state of affairs and to inform the authorities of the identified gaps.
Despite accusations of reporting invented problems, presenting irrelevant and unreliable data, the People’s Advocate Office will continue to monitor the situation in the country in terms of respect for human rights and submit recommendations to the National Exceptional Situations Commission whenever necessary. And this is also because, in emergency, crisis, war, instability situations, there are admitted the most serious human rights violations. Precisely for this reason Law 52, in Article 5 expressly states that declaring the state of emergency, siege or war throughout the country or in some localities does not suspend the activity of the People’s Advocate and does not restrict his duties.
2020/03/26
Department for Human Rights Promotion and Communication
Tel .: 060002656
[1] Article 11 of Law no. 52, “In the exercise of his mandate, the People’s Advocate has the right: a) to be received in the audience by the President of the Republic of Moldova, by the President of Parliament and by the Prime Minister both during and outside the audience hours”.
