Opinion of the European Economic and Social Committee on The EU's relations with Moldova: What role for organised civil society?
Date: 2007-12-12
Institutions: European Economic and Social Committee
Subjects: EU relations, Moldova, non-governmental organisation, political situation, social partners, socioeconomic conditions

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Opinion of the European Economic and Social Committee on ‘The EU's relations with Moldova:
What role for organised civil society?’

(2008/C 120/19)

At its plenary session held on 15 February 2007 the European Economic and Social Committee, acting
under Rule 29(2) of its Rules of Procedure, decided to draw up an opinion on

The EU's relations with Moldova: What role for organised civil society?

The Section for External Relations, which was responsible for preparing the Committee's work on the
subject, adopted its opinion on 15 November 2007. The rapporteur was Ms Pichenot.

At its 440th plenary session, held on 12 and 13 December 2007 (meeting of 12 December), the European
Economic and Social Committee adopted the following opinion by 117 votes to two with one abstention.

1. Conclusions and recommendations

1.1 Promote the role of civil society in EU-Moldova relations

enable more effective involvement of civil society. Nonetheless,
the EESC commends the efforts of
the EU delegation in
Chisinau, in its focus on increasing contacts with Moldovan civil
society. This will pave the way to a formal involvement of civil
society representatives in the review of
the action plan in
April 2008 and in the next stages of an enhanced partnership.

1.1.1
The year 2005 marked a turning point in EU-Moldova
relations. With the adoption of the EU-Moldova action plan
the establishment of an EU delegation in its
(2005-2008),
capital city and the appointment of the EU Special Representa-
tive to the negotiations on the Transnistrian conflict, the condi-
tions for implementing the Partnership and Cooperation Agree-
ment have improved considerably. Against this backdrop, this
first EESC opinion on EU-Moldova cooperation is aimed at
promoting the role of civil society in order to build on this
momentum and embark on a joint agenda by means of initia-
tives in the near future.

Strengthened

cooperation between the

1.1.2
EU and
Moldova can only be based on a shared understanding of
common values, notably the upholding of fundamental free-
doms, a commitment to a democratic society open to all and to
the principle of dialogue that is based on the independence of
civil society partners. Civil society will hold the key to Moldova's
very identity. Fundamental to it is the rich human landscape
that has built up within the country from the convergence of
different cultures and languages. This richness is a considerable
asset.

1.1.3
Undoubtedly, as in other CIS countries that have gone
through the same historical experience, Moldova has no tradi-
tion or experience of independent civil society organisations.
the Committee
However,
identifying
considers
progressive-minded partners with shared values.

in view of ongoing developments,
it vital

to pursue contacts aimed at

1.1.4
The EESC stresses the extent to which the success of
the EU-Moldova Action Plan (1), under the European Neighbour-
hood Policy, hinges on the ability to associate and involve
civil society organisations in its implementation. It therefore
the Commission send out a clear signal by
advocates that
that would
proposing criteria, procedures and instruments

(1) Cf. Appendix A.

1.1.5
The EESC recommends building a sustained and
forward looking relationship with Moldovan civil society, begin-
ning by structuring our relations. To this end a conference
should be organised in 2008, prepared for by means of a prior
mission, aimed at identifying partners that are committed to
operating in a transparent manner. This event, which would
include local and regional players, would be aimed at jointly
drafting a work plan based on the proposals set out below:

— evaluating existing information and consultation mechan-
isms
and European,
including an assessment of the implementation of the action
plan (2005-2008);

in Moldova, both governmental

— preparing and training civil society for pursuing the part-

nership after 2008; and

— Moldovan organisations' access to the mechanisms of the

EU financial instrument.

This work plan will require a commitment
society initiatives through EU programmes.

to finance civil

1.1.6
After a review of the 2008 conference with Moldovan
civil society, new initiatives should be launched. Constructive
relations should be pursued via the Committee's neighbourhood
group, i.e. taking account of the principles that are fundamental
to good governance and sustainable development. At the core
of
this incentive-based approach will be the principles laid
down in the GSP+ agreement, namely:

— the 16 core human and labour rights UN/ILO conven-

tions (2);

(2) EESC opinion on the Proposal for a Council Regulation applying a scheme of
generalised tariff preferences, rapporteur: Mr Pezzini, adopted on 9 and
10 February 2005 (OJ C 221, 8.9.2005, p. 15).

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— the 11 conventions related to environment and governance

principles (3).

into contact with the tools and practices of European civil
society.

independence,

1.1.7
Thus the EU will provide an incentive to Moldova's
civil society organisations towards meeting the European stan-
representativeness and transparency.
dards of
Within each action plan progress report,
the Commission
should continue to include a specific section on respect for
fundamental
including freedom of association and
expression and add to this a review of trade union rights.

rights,

1.1.13
The EESC hopes to see more effective participation by
Moldovan civil society in regional Western Balkan and Black Sea
dialogue, particularly through interregional and cross-border
cooperation within this area of imminent strategic importance.
EU-Moldova cooperation can be seen against the backdrop of
strengthened cooperation with neighbouring countries, particu-
larly Russia.

1.1.8
In the EESC's view, there must be a shift in priorities
towards the gradual re-appropriation by the Moldovans them-
selves of the tools and expertise provided to them by interna-
tional and European institutions. The EESC backs the Council of
Europe's call for civil society support in combating corruption
(a principle of the GRECO (4) approach). It calls for cross-border
cooperation in the fight against organised crime.

1.2 Strengthening support for promising organisations and reconcilia-

tion bodies

1.2.1 Establishing constr uctive social dialogue

1.1.9
The Committee backs the cooperation initiative taken
by European and international donors aimed at ensuring consis-
tency in their actions. It recommends that these poverty reduc-
tion programmes pursue priority actions on basic social
services, with particular focus on improving living conditions in
orphanages,
lowering the price of antiretroviral drugs and
helping to rehabilitate victims of human trafficking.

The prolonged drought of summer 2007 plunged the
1.1.10
country into a difficult
situation given the ensuing poor
harvests, which led to bankruptcy and excessive debt. The
government appealed for international food aid and FAO tech-
nical aid. The Committee considers it particularly important to
forge links with civil society organisations working in the agri-
food industry. As a short-term measure, the European Commis-
sion has allocated EUR 3 million in humanitarian aid to
Moldova's most vulnerable rural communities.

The EESC considers it particularly important

that
1.1.11
there be common networks and projects linking all Moldovans,
including organisations
from the Transnistria region. The
Committee encourages the EU to sustain its efforts towards a
solution to the Transnistrian conflict that maintains its terri-
torial unity and to pursue its border assistance mission
(EUBAM).

1.1.12
The EESC recommends facilitating the exchange of
democratic practices between civil society organisations, by
inviting our Moldovan partners to access EESC publications
available on the Internet (particularly in the Romanian language)
as well as the work of national ESCs, available through the CES
link. The Committee encourages the national ESCs within the
Member States (particularly in Romania and Bulgaria) and the
IAESCSI (5) to work together towards bringing Moldovan society

(3) See appended list.
(4) The Council of Europe's Group of States against Corruption.
(5) International Association of Economic and Social Councils and Similar

Institutions (IAESCSI).

In view of its weak industrial relations, the EESC points out
Moldova's commitment not only to the ILO Conventions but
also to the Council of Europe's Social Charter and its complaints
mechanism. It suggests that the ILO offer technical assistance in
handling labour disputes through specific courts.

1.2.2 Giving substance to the commitment to encou-

rage contacts with European society

The EESC firmly supports the conclusion of the visa facilitation
and readmission agreements which will establish a visa facilita-
tion system, particularly with a view to increasing promising
exchange programmes involving students, scientists, journalists
It recommends broadening
and civil society representatives.
access to the EU's programmes, particularly for young people by
means of Erasmus Mundus. The visa facilitation and readmission
agreements, signed in October 2007 (6), will also help stem the
flood of requests by Moldovans seeking Romanian citizenship.

The Committee calls on the Moldovan government to involve
civil society in European and international events (WTO, OSCE,
the Council of Europe and the International Francophone Orga-
nisation). The EESC urges Member States to pursue and fund
contacts and exchanges with Moldovan civil society (university
bursaries, twinning schemes, cross-border cooperation, etc.).

1.2.3 Taking account of environmental perfor mance

The EESC advocates supporting environmental organisations
that are working towards the destruction of non-transportable
weapons and ammunition stockpiles, military waste, industrial
discharges and the cleaning-up of water pollution.

(6) Ratification of these agreements is expected by the end of 2007.

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2. Key features of Moldova's socio-economic situation

2.1 With a per capita GDP of approximately USD 1 000,
Moldova is the poorest country in Europe and the only one clas-
sified as low-income by the World Bank.
Its population is
declining (to less than 4 million in 2004), due to increased
mortality (particularly among men), a decline in the birth rate
and significant emigration.

2.2 While poverty reached dramatic levels between 1999
and 2005, it has since decreased, but still remains at a high level
of approximately 30 % on average. The alleviation has been
uneven, generating pockets of absolute poverty (USD 2/day)
particularly affecting children and older people. Poverty rates in
rural areas and small towns are still at around 40 to 50 % of
the population.

Too many children are at risk of exploitation through
2.3
homelessness, child labour,
trafficking and prostitution. This
level of poverty has also considerably increased the phenom-
enon of social orphans — children who cannot be supported by
their parents and are put into state institutions

2.4 Women are subject to discrimination, which has been
heightened by the very difficult social situation. They are faced
with high levels of unemployment, deskilling,
low wages and
the seasonal nature of agricultural work. They are more exposed
than men to the risk of poverty, particularly due to reduced
social benefits (health, education and family) and pension levels.
This situation leads women, often mothers, to take up illegal or
dangerous offers whereby they risk becoming victims of human
trafficking. The majority of such victims are young women
seeking employment.

2.5
In 2004, Moldova undertook a poverty reduction and
growth programme, supported by the World Bank, the UNDP
and other donors. In December 2006, the various contributing
financial institutions and the EU set up a coordination frame-
work — an exemplary method for ensuring consistency and
efficiency in conditionality management — and committed
EUR 1 billion of aid and loans over the next four years.

2.6 Downturn in labour market

The labour market situation greatly deteriorated in
2.6.1
Moldova during the 1990s,
in tandem with the economic
collapse. In the wake of the Russian crisis in August 1998,
employment levels fell before increasing again in 2003. Unem-
ployment levels dropped from 11 % in 1999 to approximately
7,4 % of the registered workforce by the end of 2006. Approxi-
mately 35 % of the workforce is engaged in undeclared work (7).

200 000 workers (i.e. 15 % of the working population) are
employed by unregistered companies, while 35 % of the staff of
recognised companies are not declared by their employers (parti-
cularly in construction, agriculture and forestry).

2.6.3 Many Moldovans have left
their country to work
abroad, the majority illegally. This — somewhat seasonal —
exodus estimated at up to 1 million adults amounts to approxi-
mately 30 % of the entire labour force. Among the negative
consequences of this emigration are the loss of human capital
and the impact of this on social protection funding. Given the
level of poverty,
is likely that economic migration will
continue in the coming years.

it

2.7 Weaknesses of the Moldovan economy

2.7.1 An isolated economy under Russia's inf luence

The collapse of Moldovan GDP in the 1990s resulted
2.7.2
from external factors such as a loss of markets, energy depen-
dence, emigration of qualified workers and the secession of the
industrial region of Transnistria.

2.7.3
Despite a marked upturn in growth since 2000 (up to
6-8 % per annum), the economy remains very vulnerable (4 %
growth in 2006) and further weakening is possible in 2007.
The main cause of this slowdown is the doubling of gas prices
imposed by the distributor Gazprom in 2006.

2.7.4
Irritated by the pro-European stance of the Moldovan
president, Russia closed its market to imports of Moldovan wine
in 2006,
as a means of exerting political pressure. Thus,
Moldova lost one of
revenue
(Moldovan wine represented 35 % of exports, of which 85 %
went to the Russian market).

is main sources of export

2.8 An economy dominated by the agri-food industry

2.8.1 Moldova remains a predominately rural country. The
agri-food industry accounts for more than 30 % of GDP (9) and
a significant proportion of exports (65 %). Family farming is a
key factor in the self-sufficiency of towns and rural areas. The
agri-food industry also plays an important role in the economy.
The quality and quantity of harvests affect light industry sectors
both upstream and downstream (artificial
fertilisers, bottles,
packaging).

2.9 The key role of migrants' remittances to their families

Although real earnings have continued to grow, the
2.6.2
average salary remains very low, amounting to USD 129 in
2006 (8). However, other sources of
income should also be
taken into account. Firstly, a high proportion of families receives
remittances from family members abroad. Also, undeclared
work remains rife: according to the official statistics body, over

After this deep recession, there is no doubt that the
2.9.1
few positive economic results achieved are not due to a recon-
struction of the economy but to massive inflows of remittances
(30 % of Moldovan GDP) from Moldovans working abroad:
between 600 000 and one million working in Western Europe
(19 % in Italy) and Russia (60 %), who sent home EUR 1 billion
in 2006.

(7) Statistical data from the Moldovan public authorities.
(8) Statistical data from the Moldovan public authorities.

(9) Statistical data from the Moldovan public authorities.

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2.9.2
In the absence of a favourable investment climate,
these inflows do not serve to fund new economic activities.
These financial
inflows lead to increased property prices, a
strong demand for imported products and inflationary pres-
sures.

in the context of the regional projects for 2002-2004 and since
2007. The EIDHR supported civil society initiatives aimed at
promoting democracy and human rights.

3. Democracy,
governance

respect

for human rights

and good

3.1 Human development

3.1.1 Moldova is ranked 114th in the 2006 UNDP Human
Development Index, the lowest ranked of the European coun-
tries and one of the lowest of the former Soviet countries.

3.1.2
The lack of media independence and of respect for
human rights, together with problems regarding the operation
of the judicial system, all hinder initiatives by the Moldovan
people and the organisational capacity of civil society.

the key issues high-
3.1.3 Media independence is one of
(September
lighted in a recent Council of Europe report
2007) (10). The reform of legislation on freedom of expression
is certainly important but
to ensure such
freedom in practice. Impartiality and ethics are also necessary
within journalism. This is dependent on journalists being free
from pressure from political authorities, particularly in the
audio-visual media.

is not sufficient

3.2 High levels of corruption

3.2.1
Organised crime is a key security issue hindering insti-
tutions and investment. The crimes involved are very harmful:
encouraging tax evasion, smuggling and corruption. Transparency
International's 2006 world corruption index ranked Moldova at
81st place with a score of 3.2 out of 10, placing it among the
countries considered very corrupt. A slight rise in the rankings
indicates that the will exists among the government and civil
society to combat corruption.

3.3 Fragility of democratic rights in a tradition of authoritarian power

conclusions of

The EESC calls on the Moldovan authorities to take on
3.3.1
board the
(a
the
100-strong team from the OSCE) that scrutinised the June 2007
local elections, with a view to addressing all of the areas that fall
short of EU standards on elections and to ensuring that the
2009 parliamentary elections are more democratic.

international observers

3.3.2
Council of Europe reports have encouraged Moldova to
continue its efforts, particularly regarding the independence and
effectiveness of the judiciary, media pluralism and strengthening
of
the
local democracy. Moldova has been a beneficiary of
European Initiative for Democracy and Human Rights (EIDHR)

(10) Council of Europe committee report on the Honouring of obligations

and commitments by Moldova, September 2007.

3.4 Transnistria: a geopolitical neighbourhood challenge

3.4.1
Transnistria, which is reliant on Russia's support and
the presence of a Russian military contingent, represents a
source of tension and insecurity at the EU's border and is one
piece of the geopolitical puzzle of the region.

3.4.2
The search for a political settlement on the secession of
Transnistria is one of the priorities of the EU Action Plan. The
EU took renewed interest in the dispute, ahead of Romania and
Bulgaria's accession, which left Moldova on the EU's new
external border. The EU stepped up its involvement in the issue
in 2005 by appointing a special representative (Mr Kalman
Miszei from March 2007) with observer status in the so-called
5+2 format negotiations. These talks are currently stalled.

3.4.3
Furthermore, this region is known as a hub of orga-
nised crime (trafficking of arms, strategic material, money laun-
dering, drugs, and human trafficking) profiting not only local
criminal gangs but also those from Russia, Ukraine and other
countries.

3.5 European Union Border Assistance Mission to Moldova and

Ukraine (EUBAM)

3.5.1 Moldova's relations with Ukraine, by which it is land-
locked, are complicated by the Transnistrian conflict and
EU-Russia relations, adding to Moldova's troubles. Moldova was
trafficking since the
both a crossing point and source of
Moldovan border was very porous and an outlet to the Black
Sea via the port of Odessa.

The EU Border Assistance Mission to Moldova and
3.5.2
Ukraine (EUBAM),
launched by the EU in December 2005,
represented a crucial step in stabilising the country and coun-
tering smuggling, following a joint request from the Ukrainian
and Moldovan presidents. About one hundred customs officials
and border guards from 17 EU countries observe and assist the
work of
thus
exerting significant pressure on the self-proclaimed government
of Transnistria. This mission concentrates its efforts on the
people and areas at risk and has achieved real success.

their Moldovan and Ukrainian counterparts,

3.5.3
In November 2006, the mission was enhanced by the
introduction of an automated system for exchanging informa-
tion to increase the effectiveness of the border controls. The
mission has recently been extended until November 2009. The
EESC hopes that efforts will be sustained to secure this border.

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4. Overview of Moldovan civil society and its work

4.1 Main findings from the EESC mission in 2004

study states that 54 % cannot be contacted. According to these
estimates, currently less than 20 % of the organisations regis-
there has been a substantial
tered are active. Furthermore,
local- and regional-level NGOs,
increase in the number of
including in the Transnistria region.

A difficult political and economic context has meant
4.1.1
that circumstances have not been ideal for civil society activities.
The number of men or women potentially available for work in
civil society organisations, whether at national or local level, has
been greatly depleted, owing in particular to emigration, espe-
cially among young adults with a good level of education. Rela-
tions between them and State organisations have been no more
than sporadic. Centralised administrative
structures have
hindered the development of social movements. In brief, deep-
rooted paternalism in Moldovan society gives the State the main
responsibility for the population's well being. The role of presi-
dent is clearly an incarnation of the desire of most of the popu-
lation to be led by a strong man.

4.1.2
Aside from the status of political parties, the constitu-
tion makes no mention of civil society organisations or of the
right to hold meetings. However, the right to form unions and be
members of them (Article 42) does figure, while freedom of asso-
ciation (Article 40) is also recognised. Conditions for the estab-
lishment of non-governmental organisations improved with the
law on public bodies and foundations (1997). In practice, there are
overlaps, with people who work for the State or hold posts
within the governing parties also working for bodies repre-
senting economic or political interests.

According to observers, particularly from the Council
4.1.3
of Europe (11),
legislation on the judicial system has been
reformed to ensure respect for law in general and civil society in
particular. However, Moldova continues to be subject
to a
Council of Europe monitoring procedure, chiefly aimed at
ensuring the independence of the judiciary.

4.2 Update on civil society in 2007, according to expert studies (12)

According to various

4.2.1
there has been an
impressive increase in the overall number of NGOs. The
number has risen from approximately 3 000 in 2004, according
to an EESC study, to over 7 000 in 2007 (13), although the

sources,

(11) (Council of Europe, 14 September 2007) Honouring of obligations and

commitments by Moldova.

(12) Studies on Moldovan civil society: The European Union and Civil Society
in Moldova — conclusions of the AETI/ECAS conference of June 2006;
Stepping up dialogue between the government and Moldovan civil
society on the implementation of the EU-Moldova action plan, conclu-
sions of the Eurasia Foundation conference, Moldovan minister for
foreign affairs and USAID, April 2006; Strengthening the NGO sector
in Moldova's conflict zone, IMAC, February 2007; Study on the devel-
opment of NGOs in Moldova for a meeting of donors, UNDP project,
May 2007; Study of NGOs active in the social field in Moldova,
EU project, TRANSTEC, May-June 2006; Increasing the financial
sustainability of Moldovan civil society organisations, UNDP & Soros,
2005. Survey on the development of NGOs in Moldova; Council of
Europe follow-up report, September 2007; Countries in transition
2007: Moldova, CEPS, George Dura and Nio Popescu 2007; The situa-
tion in Transnistria, People in Need CZ, November 2006.

(13) UNDP study, May 2007.

The geographical concentration of NGOs around the
4.2.2
capital, Chisinau, remains predominant, although it is shrinking
in relative terms. Over the last four years, 67 % of registered
NGOs were established at national
level and 82 % at local
level (14). NGO areas of activity concern all categories of
Moldovan society, but their main activities are often guided by
external donors.

It would appear that there is still little contact between
4.2.3
unions and employers' organisations and various interest NGOs.
This is owing to mutual ignorance and mistrust. One exception
coming to light in Transnistria is the emergence of relations
between several NGOs and a group of businessmen.

4.2.4
The entry into force of the EU-Moldova action plan in
2005 gave civil society a boost — particularly the NGO scene
— with the implementation of a large number of projects,
despite the lack of consultation in the preparation for the plan.

5. Changes in the structure of the Social partners

5.1 Employers' organisations

It

Since 1999, the chamber of commerce and industry
5.1.1
linked to Eurochambres, has been the main employers'
(CCI),
organisation.
represents over 1 500 companies from all
sectors. The Moldovan CCI no longer delivers certificates of
origin for products marketed in the CIS while their responsi-
bility for the control of exports to the EU, has now passed to
customs, to enable them to benefit from the GSP. It is becoming
primarily a chamber of commerce that serves business. The CCI
supports the export of Moldovan products and the creation of
joint ventures with foreign companies. It offers companies a
number of services (15). The CCI is included in the official repre-
sentation delegation to the ILO and houses a European informa-
tion centre. Mr Tarlev, prime minister since 2001, previously
held an important position within the Moldovan CCI. SMEs
with fewer than 30 employees have formed a separate associa-
tion with close organisational and financial links to the CCI.

5.1.2
There is currently a ‘national employers' confederation’,
which also plays a part in representing Moldova at ILO interna-
tional conferences, and which represents employers in meetings
between both sides of
industry organised by the Moldovan
presidency. In 2006, the government made employers' fees to
their organisations tax deductible,
in a positive response to a
complaint made to the ILO.

(14) UNDP study, 2007, p. 3.
(15) CCI information memo, May 2007.

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The social partners have made three new collective
5.1.3
bargaining deals at national
level and 11 sectoral and local
collective agreements. Their real efforts remain restricted to
social dialogue, given that the CCI, although recognised by the
IOE, remains first and foremost a chamber of commerce servi-
cing business.

5.2 Developments in the trade union situation

5.2.1
Until 2000, workers in Moldova were represented by
the General Federation of Unions of the Republic of Moldova
(FGSRM), a unitary federation set up in 1990 using the model
provided by union organisation in the Soviet Union. In 2000,
the structure became a ‘confederation’: the Confederation of
Unions of the Republic of Moldova (CSRM). Internal tensions
appeared in this organisation as result of conflicts between
farming, industry and services, between Moldovan and Russian
right-wing and the
speakers and between the nationalist
communist party. In 2000 a number of professional federations
(14 industrial federations and also cultural and public sector
federations) left the CSRM and formed a new confederation ‘CSL
SOLIDARITATEA’. Following the resignation of
the CSRM's
the organisation found a new leader, Petru
management,
Chiriac. Despite mediation efforts by the International Trade
Union Confederation (formerly the ICFTU), of which the CSRM
had been a member since 1997, an attempt at reunification
proved impossible. The reasons included personality clashes,
disagreements over the distribution of union assets and above
all differences in political sensitivities between the CSRM, which
was closer to the right-wing, Christian-democrat and democratic
Moldovan-speaking parties and Solidaritatea, which from the
start was closer to the predominantly Russian-speaking commu-
nist party.

their leader, Vladimir Voronin, as president of

5.2.2
The union split became more complicated after 2001
with the electoral success of the communist party and the elec-
tion of
the
Republic. The decision by Solidaritatea to cooperate with a view
to securing social progress, and the CSRM's adoption of a more
demanding and critical stance, have made relations between the
authorities and the two union organisations tense. The govern-
ment, helped by its links with the communist party and the
administration, has chosen to systematically favour Solidaritatea
and to weaken the CSRM.

5.2.3
Repeated and systematic interference by public authori-
ties led the CSRM, supported by the former ICFTU and by
professional federations (the IUF and the PSI) to file a complaint
in January 2004 to the Committee on Freedom of Association
(CFA) of the International Labour Organisation (ILO) concerning
the violation of the freedom of association. In its interim report
the CFA called for independent enquiries on the
in 2006,
interference mentioned by the complai-
various instances of
nants. It also noted that Moldova had no mechanism for dissua-
sive sanctions against violations of union rights, or for ensuring
international standards in this area are upheld. The ILO Bureau
organised a mission in 2005. The ICFTU drew the European
Commission's attention to the situation in the country by
submitting a critical report in 2005 in the context of the GSP
allocated to the country. To date the Moldovan government has
taken no measures to correct its legislation or to step into line

with the CFA's recommendations. Despite the evidence listed in
the complaint to the CFA, the Moldovan authorities considered
the situation as essentially a rivalry between the two union orga-
nisations.

5.2.4
In reality, the authorities have been more and more
open in calling for the reestablishment of a single central union
(cf. the speech by President Voronin at the Solidaritatea congress
in 2005). Since 2005-2006, the balance of power between the
two organisations has gradually tipped (in 2001, the CSRM had
450 000 members and Solidaritatea had 200 000). By 2006,
Solidaritatea had clearly become the larger organisation.
In
June 2007, a congress reunified the two organisations. The
International Trade Union Confederation (ITUC) has already
stated that it does not intend to transfer the CSRM's affiliation
to the new ‘reunified’ organisation. It will first have to demon-
strate its independence in relation to the public authorities and
to the principles of
clearly demonstrate its commitment
freedom of association and the right to collective bargaining.

6. Overview of associations and NGOs

6.1 Key facts from the 2004 EESC study

6.1.1
The number of NGOs registered at local and national
level in Moldova has reached approximately 2 800 since inde-
pendence in 1991. Many of the NGOs on the State register,
particularly those set up by economic players or the authorities,
had a provisional mission to fulfil at the beginning of the transi-
tion period. In view of this, they cannot be considered to be
independent civil society players. Organisations that have held
major demonstrations in conjunction with the opposition to the
communist government since 2001 should also be counted.

As in other transition countries, NGO activities focus on the
country's capital, in an attempt to exert an influence on those
in power. In the political context, the interference suffered by
NGOs is increasing, particularly in their new fields of activity,
such as youth policy, consumer protection and the environment.
In Transnistria, their activities are curtailed by strict political
supervision.

6.1.2
A few major donors (Soros, USAID, Eurasia, Hebo and
British Peace Building) are active in the fields of education,
culture and human rights.

Youth organisations, whose recruitment base is dimin-
6.1.3
ishing owing to rising emigration, are calling on their govern-
ment for a pro-European policy that is more than just rhetoric.
They hope that the EU will offer them the opportunity to take
part in exchange programmes. Most civil society representatives
are of the opinion that future Community programmes should
be negotiated and carried out not only with the government (as
was the case for TACIS), but also with representatives of active
NGOs.

6.2 Observations on recent developments on the NGO scene,

according to expert studies

6.2.1
During the last elections in 2005, for the first time,
some 200 NGOs formed a united and independent coalition,
which organised a national observation campaign. This 2005

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‘civic coalition’ (16), which gained a high profile in the media,
resurfaced during the 2007 elections, helping to increase NGO
credibility among the population.

6.2.2
There are three main categories of NGO in Moldova.
The first includes major, well-known and well-equipped organi-
sations, based in the capital and belonging to international
networks (17). The second category encompasses a large number
less-developed NGOs, often one-man shows, with little
of
operational capacity and in need of funding. The third group is
made up of a few government-operated NGOs ‘GONGOs’,
which, as in other countries, are set up and financed entirely by
the government.

6.2.3
In Transnistria, the GONGO category is omnipresent as
the Smirnov regime continues to need allies in civil society in
order to support its strategy and keep it in power. A recent
study conducted by a Czech NGO also mentioned two other
categories among the 900 NGOs in Transnistria, namely tradi-
tional organisations such as workers', women's and youth move-
ments, as well as small NGOs open to contacts with Chisinau
and international networks (18)). A certain number are choosing
to register with the Moldovan authorities in order to qualify for
European aid.

6.3 Current mechanisms for civil society consultation and negotiation

with the social partners

Since 2005, various government ministries have begun
6.3.1
or stepped up dialogue with a section of civil society, in the
following forms: a monthly consultative meeting at the ministry
for foreign affairs and European integration, and a national
conference in April 2006 which produced 18 conclusions for
improving cooperation between the government and civil
society. Meanwhile, other ministries, the justice, agriculture and
finance ministries in particular, have had regular contacts with
elements of civil society. There are several projects under way, in
particular with the UNDP,
to facilitate registration and to
improve the precarious financial situation of many NGOs.

6.3.2
Since 2006, the Moldovan parliament, at the instiga-
tion of Marian Lupu, has implemented the concept of coopera-
tion between the parliament and civil society, with highly ambi-
tious objectives, proposing a series of mechanisms and forms of
cooperation including ‘permanent on-line consultation’, ad hoc

Brussels, 12 December 2007.

meetings and public hearings with parliamentary committees,
and an annual conference.

For two years, several NGOs have been attempting to
6.3.3
play an active part in implementing the various areas of the
EU action plan, encouraged in particular by the positive experi-
ences of
their Romanian and Ukrainian neighbours. This
approach has also been encouraged by the European Parliament,
which adopted a report in May 2007.

As regards industrial relations,

6.3.4
it is hardly surprising
that social dialogue in Moldova is a slow process. There used to
be a ‘republican commission for collective bargaining’, but it
acted more as a centre for information on decisions taken than
as a real venue for consultation and dialogue. The partners had
no say on this commission's agenda, and it was not therefore
possible to discuss the complaint or the follow-up to the CFA's
recommendations. The commission did not have its own secre-
tariat, nor did it have decentralised regional or sectoral struc-
tures. It should also be noted that the CGSRM had developed
various cooperation programmes with the Transnistrian confed-
eration, with the support of the former ICFTU and European
trade union organisations.

6.3.5
In 2006 a law was adopted on the organisation and
functioning of a national collective agreement commission with
sectoral and territorial committees. Twelve of
the national
commission's 18 members are nominated by the social part-
ners.

To conclude, it is still much too early to assess the real results of
the recent consultation and negotiation mechanisms or the
effectiveness of this cooperation initiated by the government. It
will be measured in the long run on the basis of clearly defined
principles and methods.

In view of the ongoing developments in EU-Moldova relations
and taking account of the fact that these new forms of social
and civil dialogue are only in their early stages, the EESC hopes
to engage in contacts with Moldovan civil society.

The Committee recommends holding a conference as from
2008 so that the initial contact with civil society coincides with
the preparation of a new framework between the EU and
Moldova.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(16) Evaluation report by the Eurasia foundation (October 2005).
(17) See examples quoted in the report ‘NGO Scores for Moldova’, 2005,

published by US AID.

(18) Ondrej Soukop, NGO People in need, Prague 2007.