Moldova

Mine Ban Policy

The Republic of Moldova signed the Mine Ban Treaty on 3 December 1997, ratified on 8 September 2000, and the treaty entered into force on 1 March 2001. Moldova has not enacted any special legal measures to implement the treaty domestically. It believes that the Criminal Code passed on 18 April 2002 covers all aspects necessary for adequate implementation of the treaty.^[1]

Moldova submitted a seventh Article 7 transparency report dated 23 April 2007, covering calendar year 2006.^[2] The report consists of the expanded Form D on retained mines; all other forms are unchanged from the previous year.

Moldova attended the Seventh Meeting of States Parties held in Geneva in September 2006. It participated in the intersessional Standing Committee meetings in Geneva in May 2006 and April 2007. In the May meeting, Moldova for the first time expressed its views on key issues of interpretation and implementation related to Articles 1, 2 and 3 of the Mine Ban Treaty, when it made strong statements in agreement with the positions of the ICBL and many States Parties.^[3]

Moldova is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. It attended the Eighth Annual Conference of States Parties to the protocol in Geneva in November 2006 and submitted an annual national report on 1 November 2006 as required by Article 13. Moldova has not yet joined CCW Protocol V on Explosive Remnants of War.

Production, Transfer, Stockpiling and Mines Retained

Moldova has stated that it has never produced, imported or exported antipersonnel mines and that it inherited its stocks from the Soviet Union. It destroyed its stockpile of 13,194 antipersonnel mines between 23 September and 26 November 2002, as part of a destruction program managed by the NATO Maintenance and Supply Agency (NAMSA).^[4]

Between 19 May and 8 June 2006, Moldova destroyed all of the remaining 249 antipersonnel mines it had previously designated as retained for training purposes. This included 59 OZM-72, 12 MON-50 and 178 MON-100, all remote-controlled mines.^[5] The destruction was carried out at the Bulboaca Training Center, “by electric method, with respect of all environmental standards.”^[6] The Ministry of Defense told Landmine Monitor, “These mines have been destroyed within the munitions destruction program as third category munitions presenting dangers for training purposes. All expenses occurred by the destruction have been supported by the Ministry of Defense of the Republic of Moldova.”^[7] Moldova’s CCW Amended Protocol II annual report states, “In 2005, 916 pieces of stockpiled anti-personnel mines [were] destroyed.”^[8]

Moldova has indicated that while it no longer has any antipersonnel mines in stock, it possesses antivehicle mines of the types TM-57, TM-62, TM-72 and MAT-76.^[9]

Transnistria (Transdniester) Region

The Transnistria region of Moldova accounts for 11 percent of the territory of Moldova. It declared independence on 2 September 1990 as the Transnistria Moldovan Republic (Pridnestrovskaya Moldavskaya Respublika, PMR), but has not been recognized internationally. Both sides used landmines when fighting broke out between Moldovan and PMR forces in 1992. PMR forces maintain control of the Transnistria region, while a July 1992 ceasefire agreement established a “security zone” and a tripartite peacekeeping force comprised of Moldovan, Russian and PMR units. The Russian (Soviet) 14th Army has been based in the Transnistria region since 1956.

As in previous years, a Moldovan official told Landmine Monitor in March 2007 that they have no information about the implementation of the Mine Ban Treaty in the Transnistria region.^[10] Moldova’s November 2006 CCW Article 13 report states, “This report does not provide any information concerning implementation of the Amended Protocol II in the transnistrian region, currently controlled by a separatist anti-constitutional entity and where the Russian Federation’s troops and ammunitions are still deployed, without the consent of the Government of the Republic of Moldova.”^[11] Similar language is included in Moldova’s Mine Ban Treaty Article 7 reports.^[12]

In May 2006, Russia stated to Landmine Monitor that Russian forces have no stockpile of landmines in the Transnistria region.^[13] According to information received by the Organization for Security and Cooperation in Europe (OSCE) Mission to Moldova in May 2005 from the Headquarters of the Operational Group of Russian Forces in Transnistria, Russia destroyed its stockpile of antipersonnel mines.^[14] The OSCE Mission to Moldova has for many years repeatedly expressed its concerns regarding the lack of transparency on Russian troops’ ammunition stockpiles on the territory of Moldova as no independent inspection and verification has been permitted.^[15]

Transnistria officials refuse to offer any details regarding antipersonnel mines. A top military official told Landmine Monitor that Transnistria will not recognize the obligations of any international agreement such as the Mine Ban Treaty until Transnistria is internationally recognized.^[16] Another military official did, however, confirm that Russia had provided mines to Transnistrian forces that were used in the 1992 conflict.^[17] Moldovan authorities have on occasion seized stockpiled mines.^[18] Some sources indicate that landmines have been occasionally produced in the Transnistria region.^[19]

Landmine/UXO Problem

In April 2007 Moldova reiterated that it does not have mined areas containing antipersonnel mines on territory under its jurisdiction or control, whilst acknowledging that it provides no information on Transnistria.^[20] Moldova further recognized that unexploded ordnance (UXO), mainly ammunition left over from World War II, can still be found and that there might be mined areas in some regions on the side of the River Nistru where the Transnistrian armed conflict took place in 1992.^[21] In this conflict landmines were said to have been laid in Dubasari, Cosnita-Pogrebea and Varnita-Benderi.^[22] Moldova reported previously that it had completed the destruction of all antipersonnel mines in mined areas by August 2000.^[23]

The security zone separating Transnistria from the rest of Moldova is 10 to 20 kilometers wide and 140 kilometers long on both sides of the River Nistru. From 1992 to 31 May 2006, 5,207 antipersonnel mines and 2,850 antivehicle mines were cleared from the security zone.^[24] Moldovan sappers also declared that they cleared Russian mines following the 1992 conflict, as well as in demining operations in 2000.^[25]

Transnistrian officials have refused to provide information on antipersonnel landmines or any other international treaties on arms control issues signed by the Republic of Moldova, declaring themselves not part of the Republic, and not recognizing any international agreement until Transnistria itself is internationally recognized.^[26]

Mine Action

There is no ongoing mine action program and no ongoing clearance in Moldova. The Ministry of Internal Affairs and the Ministry of Defense have joint responsibility for any demining and are said to coordinate their actions.^[27] Thus, any state institution or local authority that receives information regarding explosive devices informs the local offices of either the Ministry of Interior or the Ministry of Defense.

Demining teams from military units of the Ministry of Defense are informed of any contamination. There are four military units, each with quick response demining teams. According to the Ministry of Defense, “The four military units are three infantry brigades and one artillery brigade. The engineer companies of each of these military units have in their organizational chart demining teams. All these teams are active and were used during 2006 when items of UXO were detected within their regions of responsibility. The regions of responsibility have been established by the Minister of Defense order.”^[28]

The local offices of the Ministry of Interior engage the territorial teams of the Department of Emergency Situations. There are 35 eight-member teams across the country, located in each region. The teams are usually first to be called by the population and police when a suspicious device is found. They evacuate the population, secure the area and offer medical assistance to victims. If UXO is identified, the team informs Ministry of Defense deminers who then carry out the necessary clearance.^[29] If any other suspicious explosive device is found the team informs a department of the Ministry of Interior which has a rapid intervention team of experts. In some cases, local authorities specifically asked the Ministry of Defense to check suspicious areas.^[30]

In 2006 the Ministry of Interior recorded finding (following a report from the public) or seizing from criminals 36 hand-grenades, 25 fuzes, 14 rocket-propelled grenades (RPG18-5 and RPG7-9), two mortar shells and eight other explosive devices. It also recorded 14 instances of criminal use of explosive devices.^[31] During the same period, the Ministry of Defense reportedly destroyed 1,140 explosive remnants from World War II. These figures cannot be broken down by device as the Ministry of Defense does not keep detailed records of the destroyed items.^[32]

Deminers from the Moldovan National Army have continued to participate in demining operations in Iraq. All demining teams deployed to Iraq are said to have special training and rules of engagement approved by the Minister of Defense that respect the Mine Ban Treaty and the status of permanent neutrality of the Republic of Moldova. Thus, demining teams are forbidden to participate in combat or other activities except humanitarian demining operations. In 2003-2007, Moldovan demining teams in Iraq destroyed 322,253 mines and explosive remnants of war. Moldova covered the costs of training, deployment and life insurance of the demining teams.^[33]

Summary of Efforts to Comply with Article 5

Under Article 5 of the Mine Ban Treaty, Moldova must destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 March 2011. According to Victor Moraru, the Deputy Head of the Moldovan Permanent Mission to the UN in Geneva, this “seems not to be applicable. Moldova made a reservation stating that Convention applies solely to the territory under its control.”^[34] However, reservations to the Mine Ban Treaty are not possible, in accordance with its Article 19. If the break-away Transnistria region is considered to be “under its jurisdiction or control,” the Republic of Moldova is required by Article 5 to destroy all antipersonnel mines in mined areas” by 1 March 2011.

Landmine/UXO Casualties and Survivor Assistance

No mine/UXO casualties were reported in Moldova in 2006.^[35] There were no media reports of casualties in January-May 2007. The number of casualties occurring in 2005 is unknown.^[36]

There is no public information on mine casualties and the total number of mine/UXO survivors in Moldova is not known. War veterans associations register information on their members, including information about their disability. This information is not shared or coordinated and, consequently, accurate information on disabled veterans and mine/UXO survivors is not available.^[37] Moldova did not include information on mine casualties or victim assistance in its Article 7 report for 2006. Its CCW Article 13 report states that, “There are no such victims on the territory controlled by the constitutional authorities of the Republic of Moldova.” ^[38]

However, Moldova has mine survivors from the conflict in the Transnistria region, from demining operations and from peacekeeping missions, about which there is some information.^[39] After the Transnistrian conflict and during the first mine clearance missions in the region (August 1992-January 1993), 10 military casualties were recorded (two killed and eight injured); the survivors reportedly received prostheses. During the same period, 15 civilian casualties were reported (five killed and 10 injured).^[40] From 2001 to 2005, 14 UXO casualties in five districts of Moldova were recorded: 10 people were killed (including six children) and four people injured; all were civilians.^[41]

Moldova’s CCW Article 13 report states that, “Currently, no rehabilitation programmes for persons injured by antipersonnel mines explosions are conducted” (presumably as there are officially no mine victims).^[42]

Fifteen international and more than 40 national organizations work with people with disabilities in Moldova; the Red Cross Society of Moldova (RCSM) is reported to be the largest national organization. In 2006, as in 2005, RCSM had limited ability to supply prosthetics, wheelchairs or other assistive devices due to inadequate funding.^[43]

The Social Assistance Division in the Ministry of Health and Social Protection and the National Labor Force Agency are responsible for enforcing the rights of people with disabilities. Law 933-XIV of April 2000 on social protection of certain categories of population regulates benefits for people with disabilities and some war veterans.^[44] There are approximately 165,000 people with disabilities receiving benefits in Moldova.^[45]

Social security payments for war veterans with disabilities were to increase by 50 percent as of May 2007 due to an amendment to Law 121-XV. This was the first increase since the law’s introduction in May 2001. Payments vary according to level of disability. The benefits would apply to 19,000 people, including veterans from World War II and the Soviet invasion of Afghanistan.^[46]

Anti-discrimination laws concerning people with disabilities are generally not enforced and local NGOs reported widespread discrimination against students with disabilities. Few government resources are devoted to training opportunities for people with disabilities.^[47]

Moldova became a signatory to the Convention on the Rights of Persons with Disabilities on 30 March 2007 but did not sign its Optional Protocol which would allow the monitoring of disability initiatives in Moldova.

Transnistria (Transdniester) Region

Landmine Monitor is unaware of any mine/UXO casualties in Transnistria in 2006 and January-May 2007. The total number of mine/UXO casualties in the Transnistria region is not publicly available.^[48]

From 1992 to 2005, 47 civilian landmine casualties were recorded from eight villages in the Dubasari region of Transnistria; 21 people were killed and 26 injured; four were female.^[49] There were also 10 military casualties in the same period (two killed and eight injured).^[50]

In April 2007 Transnistrian authorities reportedly stated that laws providing social benefits to people with disabilities and pensioners, amongst others, had not been enforced since January 2007 due to budgetary constraints.^[51] In March 2007 opposition groups called for free medical care and support to war injured and the disabled as rights provided by the Transnistrian constitution.^[52] This would seem to contradict reports from 2001 that the Transnistrian authorities provide full medical and socioeconomic coverage for war victims.^[53]