Yesterday, during the Government meeting, it was voted a draft law that provides for the establishment of the position of public dignity – the People’s Advocate for Entrepreneurs’ Rights. He will be appointed by the Parliament and will work in the People’s Advocate Office, but will be autonomous from the People’s Advocate and the People’s Advocate for Children’s Rights. [1].
According to the draft, the People’s Advocate for Entrepreneurs’ Rights will specialize in matters of protection of the rights of entrepreneurs and will ensure the observance of the rights and legitimate interests of entrepreneurs by public authorities, organizations and enterprises, regardless of ownership and legal form of organization, by nonprofit organizations and by people with positions of responsibility at all levels.
The People’s Advocate is dismayed by the fact that it was taken a decision concerning the National Human Rights Institutions without his notification and consultation, being completely ignored the legal procedures for adopting legislative acts.
The People’s Advocate’s perplexity is also caused by the fact that the document in question contravenes the Paris Principles, which set the international standards of activity of a National Institution for the Protection of Human Rights (INDO). In accordance with these standards, the People’s Advocate Office was accredited in 2018 with the highest status, the “A” status. The creation of a position of People’s Advocate in a field that has nothing to do with the activity of promoting and protecting human rights could lead to the withdrawal of this status.
Therefore, the impact of the Government’s initiative to establish the position of People’s Advocate for Entrepreneurs’ Rights within the People’s Advocate Office will be exclusively negative, both on the institution for the protection of human rights, and the Republic of Moldova and will not add value to respecting the rights of entrepreneurs as intended.
At the same time, this intention is in total dissonance with all the recommendations of the UN, CoE, EU and other development partners, through which the Republic of Moldova is encouraged to strengthen the People’s Advocate Office as a National Human Rights Institution.
The People’s Advocate does not question the need to establish a mechanism to protect the rights of entrepreneurs, being a right of the state to decide on such an opportunity, but warns that the implementation of this idea in the proposed format is totally wrong from the perspective of international human rights standards.
Aware of the need to defend the rights of business entities, the People’s Advocate has previously put forward proposals to supplement Law No. 52 on the People’s Advocate with provisions by which he would have the power to examine appeals from legal entities. These and other proposals of the People’s Advocate were formulated and submitted to the Ministry of Justice in 2018, in accordance with the Opinion of the Venice Commission no. 808/2015 of June 25, 2015 on the Law on the People’s Advocate.
Or, ensuring the functionality of the People’s Advocate Office according to the Paris Principles, amending the Law on the People’s Advocate (Ombudsman) according to the recommendations of international institutions, solving the problem with the institution’s headquarters, are among the major priorities, established in the National Action Plan in the field of human rights for 2018-2020, approved by Parliament decision no. 89 of 24 05 2018.
At the same time, the topic of consolidating the People’s Advocate Office is on the agenda of discussions between the Republic of Moldova and development partners. Thus, the People’s Advocate would greatly appreciate if the state would strengthen its efforts to implement international recommendations and national policy documents in an appropriate and agreed manner by both the institution and the development partners. However, the purpose of establishing a new position of People’s Advocate for Entrepreneurs’ Rights is different from that provided in international standards on the mandate and role of a National Human Rights Institution, a status held by the People’s Advocate Office of the Republic of Moldova.
Given the above circumstances, the People’s Advocate considers that the Government’s decision to reorganize the institution by establishing a new position of People’s Advocate for Entrepreneurs’ Rights is a reckless and dangerous act, which strikes in the current National Institution for Human Rights that operates in such extremely difficult conditions: in a damaged office and with a modestly paid team.
In the context of the above, the People’s Advocate requests the Prime Minister of the Republic of Moldova, Ion Chicu, to withdraw the draft law in question and consult all stakeholders, to avoid the adoption of an uninspired law, which will worsen the situation of the People’s Advocate and will be inefficient in resolving entrepreneurs’ problems.
2020 /11/ 06
Directorate for the Promotion of
Human Rights and Communication
Tel.: 060002656
[1] https://gov.md/ro/content/mediul-de-afaceri-va-avea-un-avocat-al-poporului
