| Foreword
Oldrich ANDRYSEK
UNHCR Representative
Human rights issues, notably those pertaining to the
right to asylum, are an integral part of ensuring the
rule of law in a democratic society. While refugee problems
tend to be sensitive and elusive (the Republic of Moldova
is no exception in this regard), Moldova faces a particular
difficult set of problems due to the unresolved Transdniestrian
conflict and a still on-going transformation process
to a market economy. As the Representative of the United
Nations High Commissioner for Refugees (UNHCR) in Chisinau
I and my colleagues follow developments closely, trying
to assist the Government to find solutions that are
most suited to meet the needs of Moldovan society and
that will prove sustainable in the longer term.
One area of UNHCR's activity is the transfer of know-how,
the sharing of best experiences and providing access
to applicable international standards and acceptable
practice. UNHCR has, for example, as part of a wider
effort to assist in the process of drafting the Moldovan
law on refugees, organised in co-operation with the
Council of Europe two international seminars for experts
and practitioners (last year on the "Legal status
of refugees and asylum-seekers and the European Convention
on Human Rights "). After passing its first hurdle
(first reading in the Moldovan Parliament in May 2001),
the law now awaits closer scrutiny and polishing and
logically complements the Government's declared intention
to accede to the 1951 Convention Relating to the Status
of Refugees by the end of the year.
The Parliamentary Working Group has a substantial task
before it and
UNHCR is encouraged to see how seriously it continues
to seek an optimal solution by reflecting on comments
received from UNHCR or the Council of Europe. Refugee
matters are, however, not only governed by the European
or 1951 United Nations Refugee Convention. It is time
to consider other relevant international instruments,
notably the International Covenant on Civil and Political
Rights and the UN Convention Against Torture, and the
so called "Treaty based mechanisms ". Hence
the objective of the Seminar
held under the auspices of the Speaker of the Parliament
and the title of the 3rd volume of this series.
In this volume, the reader has the opportunity to reflect
on a number of papers delivered to the Seminar. Of course,
although the participants had the privilege to acquire
a first hand account and to debate some of the more
delicate issues, we trust that now also other experts
and academics will have the opportunity to consider
the words of such eminent personalities as were Prof.
Alfred de Zayas (Office of the United Nations High Commissioner
for Human Rights) or Judge John Freeman (Vice-President
of the Immigration Appeal Tribunal, UK). Given the international
character of the refugee problem UNHCR was most grateful
to the international guests, MM. Anatoly Bubich (Belarus),
Corneliu Alexandru (Romania) and Sergey Hacman (the
Ukraine) who took time out to share with their Moldovan
counterparts invaluable practical experience from their
own jurisdictions. As proof of the progress and level
of expertise achieved in Moldova, the reader is highly
recommended to read the opening statements of the Speaker
of the Parliament, H.E. Ms. Eugenia Ostapciuc and the
Minister of Labour, H.E. Mr. Valerian Revenco, and reflect
on the comprehensive papers submitted by Ms. Ecaterina
Silvestru and Mr. Leontie Suholitco.
In a previous Foreword to a Seminar publication I perhaps
noted the obvious, but a reality that States often tried
to shy away from in terms of lasting solutions: "Europe
unfortunately once again not only hosts refugees, but
also produces them in their millions. Conflicts, intolerance
and persecution drive people from their homes on our
"own " continent, confirming the sad truth
that no country is immune to the consequences of forced
flight". Obviously, the problems caused by displacement
and conflicts do not lend themselves to short-term fixes
and uncoordinated responses. Intergovernmental organisations
realised already after World War II and the Council
of Europe or the United Nations have led the way in
formulating standards and when authorised, monitor or
even enforce compliance. This volume provides the Moldovan
reader rich new insights not only because much of the
case law of United Nations bodies still awaits translation
into the Moldovan language, but also because he/she
gains access to two documents that provide invaluable
guidance on the applicability of Article
3 of the Convention Against Torture and the Human Rights
Committee's General Comment on Aliens.
UNHCR was very encouraged to observe the thoughtful
exchanges between Government officials, judges and members
of the academia. I personally was glad to see that also
representatives of NGOs and students of law formulate
their own views, that while the refugee problem in Moldova
may still linger in a domestic legal and structural
void, the intellectual exchange to address the fundamental
issues at stake is irreversible. It is only a matter
of time when Moldova will equip itself to assume its
international moral and legal responsibilities and it
gives me great satisfaction that in my capacity as UNHCR
Representative in Moldova I and my Office can assist
in this objective.
Moldova, September 2001
TABLE OF CONTENTS
Draft Agenda..........95
Oldrich Andrysek Foreword..........98
Eugenia Ostapciuc Opening statement..........101
Valerian Revenco Opening statement..........104
Alfred de Zayas Human Rights and Refugees..........106
John Freeman Strasburg and Geneva: two Conventions,
one level of protection?..........124
Corneliu Alexandra Legislation and Practice on Asylum..........130
Anatol Bubici..........135
Serghei Hacman Legal framework regarding refugees
and asylum-seekers in the Ukraine and first steps towards
its implementation..........140
Mihail Sidorov Right to asylum in the Republic of
Moldova..........148
Leontie Suholitco Informational review on some aspects
of asylum-seekers registration..........151
Igor Ciobanu The asylum system in the UK..........155
Ecaterina Silvestru Informational review on the situation
of refugees in the Republic of Moldova..........173
List of Participants..........179
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