People’s Advocate [1]: The Central Election Commission (CEC) of Moldova decision of 05.06.2021 on the establishment of voting stations abroad contradicts to the standards in the field of human rights, will not ensure the right to vote for all citizens. Maia Bănărescu’s opinion is that it is imperative that the CEC review the decision in question, otherwise it will lead to the violation of the fundamental Right to Vote and Right to be elected.
The experience of the last elections showed that the state’s efforts were not enough to ensure the necessary conditions for all citizens who are abroad and who wanted to exercise their right to vote, due to the small number of polling stations and ballot papers. That is why the People’s Advocate has repeatedly recommended, inclusive in the annual reports, to increase the number of polling stations opened abroad and of the number of ballot papers. Moreover, it is appreciated the actions taken by the authorities in this regard.
Ensuring the right to vote for all citizens, regardless of their location, is an obligation of the state resulting from the Constitution and the international treaties to which the Republic of Moldova is a party.
The People’s Advocate reminds that the right to vote and the right to be elected is guaranteed by the Constitution of the Republic of Moldova through the provisions of Article 38. In accordance with the constitutional provisions “(1) The people’s will is the basis of state power. This will is expressed through free elections, which take place periodically by universal, equal, direct, secret and freely expressed suffrage. (2) The citizens of the Republic of Moldova have the right to vote from the age of 18, fulfilled until the day of the elections inclusive, with the exception of those placed under interdiction in the manner established by law. (3) The right to be elected is guaranteed to the citizens of the Republic of Moldova with the right to vote, in accordance with the law. “
The right to vote and the right to be elected is also guaranteed by the international treaties to which the Republic of Moldova has adhered, through the ratification of which our country has assumed a series of obligations regarding the observance, protection and realization of fundamental human rights and freedoms (Article 21 of the Universal Declaration of Human Rights, Article 25 of the International Covenant on Political and Civil Rights, Article 29 of the UN Convention on the Rights of Persons with Disabilities, and Article 7 of the Convention on Elimination of All Forms of Discrimination against Women).
The International Covenant on Political and Civil Rights of 16.12.1966, (art. 25) provides that every citizen has the right and must have the possibility, without any discrimination and without reasonable restrictions, to vote and to be elected, within the framework of regular, honest elections, with universal and equal suffrage and by secret ballot, ensuring the free expression of the voter’s will.
Maia Bănărescu also draws attention to the fact that the universality of suffrage represents the electoral right regardless of residence, sex, race, nationality, language, social origin, position held or exercised, type of activity, religion, political aspirations, wealth or other criteria and circumstances.
Thus, by ratifying the International Covenant on Political and Civil Rights of 16.12.1966, the State of the Republic of Moldova has assumed a positive obligation to realize immediately all the rights contained in the Covenant, including the right to vote and the right to be elected.
Human Rights Promotion and Communication Department
Tel.: 060002656
[1] Based on art. 3 of the Parliament Decision no. 4 of February 4, 2021 on termination of the mandate of the People’s Advocate (Ombudsman) until the appointment by the Parliament of a new People’s Advocate (Ombudsman), Mrs. Maia Bănărescu, People’s Advocate for Children’s Rights, will fulfill the duties of People’s Advocate (Ombudsman).
