In the first half of 2023, the Ombudsman of the Republic of Moldova continued to carry out a careful and exhaustive analysis of the way in which the national public authorities managed the situation of foreign refugees on the territory of the country as a result of the armed conflict in Ukraine. As a result of this monitoring, the People’s Advocate together with his team prepared a detailed report, in which the essential observations, conclusions and recommendations are reflected, including from a legislative perspective, which would allow strengthening the guarantees offered by the Republic of Moldova for the refugees.
A particularly significant aspect is the implementation for the first time of temporary protection as a legal form of immediate protection, within the efforts to ensure the rights of refugees from Ukraine. This initiative represents a turning point in the approach and protection of people affected by the armed conflict, highlighting the commitment of the Republic of Moldova in terms of respecting and promoting human rights.
Through the examination of the national legislative framework regarding the asylum compared to international standards, were outlined some deficiencies and inconsistencies, which led the Ombudsman to address 13 recommendations to the competent national authorities. These recommendations represent essential steps to correct the identified gaps and to ensure compliance with international standards, especially considering the status of the Republic of Moldova as a candidate country within the European Union.
The report reveals invasive behaviors of the national authorities responsible for managing state borders, in a context where both the unjustified refusal to allow foreigners access to the country’s territory and legislative loopholes leading to significant violations of defense rights and limiting access to justice for foreign refugee persons.
Among the recommendations addressed there are facilitating access to the asylum procedure, adjusting the way of interviewing the asylum seeker by involving a commission, ensuring access to free legal assistance and basing entry refusal decisions on the immediate risks for society. In addition, it emphasizes the importance of removing the requirement to confirm a residential address in Moldova for access to temporary protection and promoting an inclusive approach for refugees, avoiding segregation based on ethnicity.
The People’s Advocate reaffirms its commitment to the protection and promotion of the rights of refugees and continues to collaborate with the authorities to implement recommendations and improve conditions for these vulnerable people.
For more information and details, read the report by accessing the following link http://ombudsman.md/wp-content/uploads/2023/08/Raport_engl_2023.pdf
The monitoring report was carried out within the project “Strengthening the capacities of the People’s Advocate Office on protecting and promoting the refugees’ rights and other persons”, with the financial support of the Office of the United Nations High Commissioner for Refugee (UNHCR).
