Monitoring Parliamentary Elections
WOTC Network European Academy of Civil Society First Club of Concil of Europe Press Agency of Young Journalists „AMP-International” Monitoring Parliamentary Elections fromRepublic of Moldova
5 April 2009
Report no.1 Monitoring period:
05.02.2009 - 15.03.2009 Chisinau, R.Moldova Summary I. Introduction II. General conclusions
The Election Code of Moldova can serve as legislation example only in a perfect democracy. For free and fair elections, especially parliamentary elections, the results of which lead to the election of president of Moldova – are necessary serious modifications of the Election Code. At the moment, this code has allowed the developing of a campaign since October-November 2008, being used all events and holidays possible, starting with Wine Holiday, Day of Chisinau and ending with International Women Day – all of them had election flavour. The highest point of the campaign was between the months December 2008 and January 2009, when many political parties followed the manner of governing party and organized numerous meetings with voters, who didn’t even knew when the election day would be, even if the so called campaign was at its peak.. Since November-Decembere 2008 the future election contestants organized to appear in different media (starting with magazine „Moldova Today” that belongs to PCRM, which is spread for free even at the International Airport, or magazine „Viaţa ta”, where the candidates of UCM already stay on its cover and a lot of pages full of photos and text, and the advertising isn’t paid from the election fund. For this reason is impossible to see the real amount of money used by the election candidates, and the sources of the money. After many strikes and meetings, „reports” – when it was actually a real election campaign – most of parties and even some of independent candidates have reach the registration day already being tired, as it is the voter of the huge amount of election lies and intrigues. In report is focused on essential issues: - Media behavior in election period,
- Following by the election candidates the rules regarding election advertising (especially outdoor), - Abuses of administrative resources, - Bribing of voters, - The attitude of election commission concerning election candidates,
- The issue of transnistrian region, - Voters and the problem of expired documents, - Students’ issues, - Opening of new voting offices - Immoral attitude in relation to voters etc.
In the election campaign from 2009 the voters assist to a tragico-comic show (the end of this show will be revealed on 5 April 2009). Some advertising clips in the media have an opposite effect. In these conditions of great poverty of most of population – it’s not normal to come with promises that may relate to science-fiction world. While more that half of population can’t afford to pay for renting of flats, thousands of young people get sick because of subnutrition, some candidates promit fabulous salaries and pensions. The voters from Moldova are tired to hear again the same classic promises. Such behaviour of election candidates goes to indifference of voters. In dirty electoral fight of the political parties is used more often old people and youth. The young people are not being intimidated any more in asking money for vote or for coming to meetings with a candidate or another (on this subject were published in the media many materials). Some of the people who want to form the next Parliament, the ones who will have to create the rules of a state of law (absent at this moment) are the ones who violate the laws (for some of them, laws created by themselves). Although there is less than a month till the election day on 13.03.2009 not all the candidated presented to CEC financial report, according to Electoral Code and Regulations. The abuses of administrative resources and election bribes are destroying any hope of voters that Moldova will ever get rid of corruption. The written media is divided, depending of electoral or financial simpaties. The atmosphere from sessions of CEC is not the one that people expect. It would be better if CEC, the authority responsible of these elections, would carry out an information campaign, more ample, in newspapers as well in audiovisual media, for preventing the blackout of knowledge of voters from rural areas.
- Between candidates and local administration, - Between candidates and some NGOs that monitor the elections, - Between candidates and CEC, - Between candidates and media,
- As well as other powerful conflicts. Spreading the press release, from 11 March 2009, the Central Election Commission annoucned that the registration process of candidates is closed. The Commission has registered 21 election candidates: 15 political parties and 6 independent candidates. The necessary documents for registration as election candidate were sent by 23 parties and independent candidates. The registration in the electoral race was refused to 2 candidates, as were discovered in their lists too many errors, and the total number of signatures collected was lower that the asked number. So, in the vot bulletin of the parliamentary elections this year will be 21 contestants, such as:
Partidul Social Democrat; Partidul Politic Partidul Liberal; Partidul Politic Alianţa „MOLDOVA NOASTRĂ”; Partidul Popular Creştin Democrat; Partidul Comuniştilor din Republica Moldova; Partidul Politic Partidul Liberal Democrat din Moldova; Partidul Democrat din Moldova; Partidul politic Uniunea Centristă din Moldova;
Mişcarea social-politică „Acţiunea Europeană”; Partidul Dezvoltării Spirituale „MOLDOVA UNITĂ”; Partidul Conservator; Mr. Banari Sergiu; Mr. Urîtu Ştefan; Partidul Politic „Partidul Ecologist „Alianţa Verde”; Mr. Răilean Victor; Partidul Politic „PENTRU NEAM ŞI ŢARĂ”;
Uniunea Muncii „Patria-Родина”; Partidul Republican din Moldova; Mrs. Ţîmbalist Tatiana. Mr. Lomakin Alexandr; Mrs. Cuşnir Valentina. Judging the dates of the first electoral survey made by NGOs from WOTC network, no independent candidate has ever the chance to become deputy in the parliament (the minimum number is 3% of votes, a percent too high in our opinion). From the 15 parties, registered in the election campaign, the most cruel fight are being observed between PCRM, one side, and AMN, PLDM, PL, on the other side. For final results of election campaign and the election of new president of the country it is also important the votes that will be won by the next parties: PPCD, PSD, PD, UCM and MAE. The governing party has a lot of advantages in the campaign, advantages that are being used without a shame. PCRM has the most members in the commissions and elections bureaus. On the hands of the members of PCRM are the clean bulletins, the procedure of counting the votes, which will be considered valid and which not, and other advantages by which PCRM can manipulate the results of elections.
The survey made between 1 and 6 March 2009 had some questions. At the question: „who will you vote if today would be organized elections?” - the 1011 potential voters gave the next answers: PCRM – 33 % AMN – 20% PLDM – 11% PL – 10% PPCD – 7%
PSD – 6% PD – 5% UCM – 3% MAE – 1% Altele – 4 % b. Media and election campaign On 9 March 2009 begun the tv debates, moment that created conflicts among independent candidates (see reclamations from independent candidate Ş.Urîtu etc.). The reason – independent candidates were separated from the parties while debates from TV 7. 23 tv stations and 7 radio stations have declared that they will host electoral debates: Tv stations: Moldova 1; Euro TV Chişinău; Pro TV Chişinău; TV 7; Albasat (Nisporeni); Teleradio Bălţi; TV – 6 Bălţi; CTV Nis (Nisporeni/prin cablu); STV – 41 (Taraclia); Impuls TV (Şoldăneşti); Flor TV (Floreşti); TV Prim (Glodeni); TV Drochia; Sor TV (Soroca); Eni Ai (Comrat); Bas TV (Basarabeasca); AVM (Edineţ); Studio – L (Căuşeni); Canal X (Briceni); Elita TV (Rezina); Teleradio Găgăuzia; Media TV (Cimişlia); Art TV (Străşeni); Radio stations: Radio Moldova; „Radio Media” (Cimişlia); Bas FM (Basarabeasca); Vocea Basarabiei; Star FM (Bălţi); City FM, Radio Prim (Glodeni). 66 audiovisual institutions, 31 tv stations using airborn signals, 3 tv stations using cable transmissions, 31 radio stations using airborn signals and 1 radio station using cable transmissions have reflected the election campaign from 2009. Officially, 3 tv stations and 4 radio stations have stated that they will not participate in the election campaign.
In the motivation of its request, the PD representative shows that, on 10 March 2009 during news headlines from tv stations „NIT”, „N4”, „Eu TV” were used reports about the reclamation sent to CEC by the PCRM election representative. During these reports were used affirmations that the Democratic Party has used financial rescources that were not declared and risk to be excluded from the election race. Were mentioned that tv stations „NIT” şi „N4” spread the news in 2 versions: audiovisual and textual. In the opinion of the contestant, „that conclusions represent insinuations and have prejudiced the image” of the Democratic Party from Moldova. The tv stations from Moldova are in a hurry to present sensations, want to be the first in presenting information about a candidate or anotherm without verifying the source. In this way, (case from 24 February 2009, when tv stations „Moldova 1”, „NIT”, „Pro TV”, „N4” have spread information offered at a press conference by Mr. Alexandr Barbov.(More detailed information about the observer Alexandr Barbov – see the chapter observers). The Internet PCRM used during campaign election clips in the media, inclusive in the International Network (Internet) violating seriously the rules of pct. 12 of the Regulations regarding reflecting election campaign. In these clips were used images with foreign officials, such as V. Putin,D. Medvedev, J. M. Barosso. More than that, were used images representing state institutions, also national symbols of Republic of Moldova, of Russian Federation, European Union etc. CEC has warned the PCRM, accepting the reclamation of election candidates againts PCRM.
Press conferences shown at tv stations The 2009 election campaign was flooded by press conferences of most election candidates, observers and any other representatives. During press conferences from monitored month, the representatives of UTA Gagauzia communicated that th the suggestion of speaker of State;s Duma, the voters from Gagauzia vill grant their vote to PSD. Unlike the elections from 2005, now nobody saw this violation, as the Duma of Russian Federation again involves in the election processes ofRepublic of
Moldova. c. Follow up of regulations regarding outdoor advertising
small billboards Between 5 February and 15 March 2009 the outdoor advertising belongs to PCRM, AMN, PLDM, followed by PSD, PD, MAE, UCM and with few billboards - PPCD. Even smaller number of billboards belongs to PL and the independent candidates. But the voters don’t have the time to read this billboards, because as soon as some billboards are hanged out, the opponents come and rip all apart, and so on. Many election candidates are spreading advertising materials straight to postal boxes of people, but these materials are thrown at garbage by the owners as soon as they open the box. Medium and large billboards, other advertising materials In the case of large billboards continue their domination: AMN, PLDM, PSD, followed by PD, MAE. In each sector of Chisinau are placed minimum 5-7 large billboards. MAE and UCM also placed large billboards, and the PCRM – a few. Some electoral candidates don’t respect the work and financial expenses of other candidates. In the capital big billboards of PLDM got dirty with paint or even destroyed (sector Rîşcani, Buiucani etc). A more receptive category of voters are in rural villages (the reason – the villages are empty, the youth is gone working abroad).
The election candidates used all possible holidays (Valentine’s Day, Mihai Volontir’s anniversary etc.) The NGOs from WOTC network have informed on its web portals about the affiches for St. Valentine’s Day, a love holiday stoled from American nation. The reclamations sent to CEC (13.02.2009 etc) were supported by this instance, which in its resolution from 27.02.09 states that „by the action of using materials with elements of electoral propaganda, UTCM has violated art. 30 alin. (1) from Law nr. 837-XIII from 17 May 1996 regarding associations, that stipulates interdiction of participation for associations in the framework of elections of public authorities.” CEC states also that according to the stipulations of the Law nr.837/1996, the Justice Ministry is responsible of thorough verifying of activity of associations, including under financial aspect”. Having in mind that, CEC warned Justice Ministry „for examining in collaboration with other competent institutions, the activity of UTCM and its legal aspects”. The Justice Ministry though, didn’t made any verifications. PPCD has spread its newspapers at every voter’s house. d. Voters The voters from Moldova are composed of 70% Moldavians, the rest are different ethnic groups: russians, ukrainians, jews, gagauz, bulgars, arabs etc.
According to alin.(3), art.53 from Election Code, the voting process pursues next identity acts: a) identity act of citizen of Republic of Moldova, where is indicated its permanent address or its residence; b) ex-sovietic passport, model of the year 1974 with mention of citizenship of Moldova, residence mention; c) passport of ex-sovietic model of 1974 year with mention „valid unlimited period”, citizenship of Moldova; d) identity act provisory of type F-9 with mention regarding citizenship of Moldova and owner’s residence; e) passport for entry/exit from the country, sailor’s ticket; f) military ticket for mobilized military men, for the people that choose to do the Armyl (alternative option).
By the press release from 5 March 2009 CEC drawn the attention to verify the validity period of their identity documents. The voters with expired documents will not be able to vote any more, exception for citizens of Moldova that will vote abroad, at voting offices opened inside our embassies.” Over 130,000 voting ballots expired According to the information released by the Ministry of Informational Development, on 3 February 2009 over 130,000 citizens have their documents expired. At the question how many Moldavian citizens are left abroad, the Ministry representative didn’t know what to answer. These disscutions revealed that the authorities of
Moldova have no idea how many citizens are gone abroad. This is the perfect occasion for frauds that will be eventually organized by the governing party; more than that, CEC told that there are a larger number of voters that at the election from 2005, although in this period has increased the number of citizens that flee the country. This provoked the riot of election candidates (O.Nantoi, PD at the debates from EU TV etc.) The Central Election Commission (press release from 12.03.2009) said that the voters list are made up by city halls and mayor’s office and are being verified at the residence of each voter. Also CEC spoke about the information regarding number of Moldavian citizen with right to vote has a consultative role and can’t serve as a base for creating voters list. These lists are to be made public 20 days prior voting day, the latest. For parliamentary elections from 5 April 2009, the citizen will be able to verify their validation in the period 16–31 March. They cand claim any violation of their inclusion or exclusion from the voters list 5 days before the election day, I mean no later that 31 March 2009. As it was already mentioned, the voters is very small informed about the election process of the year 2009, especially voters from rural villages. A more dramatic situation is when informing the citizens that are in other countries. In our survey developed between 1- 6 March 2009 shows us a very bad image: a big part of voters know maximum 3-5 persons from each political party, usually the top of the list, or the people that ruled the country before. From the table below you can see how the voters know the election candidates from the list proposed by election candidates:
Very seldom some of the interviewed persons know over 15 names from one party’s list….to name over 30 names almost didn’t find any. At the question: ”what information are you familiar with from the election programs?” of one political party or other, more than 50% of voters declared simple: this party is sponsored by Russia, or by Romania, or by Russia for not stoping the gas transit. Some, but only a few answers were like: they will take us to the European Union. People named different persons, usually the head of the list, as their target, only a few could indicate some details from election programs. There are voters that don’t even know the name of the party’s leader; only its logo: the oak tree, the sun etc.
The observers stated that by the means disposed of it, the CEC must impose to all candidates the condition of respecting the laws, no matter its priority, so that the voters wouldn’t be bribes or intimidated, blackmaled, and to stop the use of administrative resources. The election candidates contested the case of 8 March congratulations of Moldavian women by the PCRM leader and many other cases of frauds of the candidates from the governing party. In the case of other prestigiouse halls, like National Palace, the observers weren’t allowed inside, but we interviewed the persons who were at that meetings, and the method was the same. At the concerts from the Festival „Mărţişor” (1-10 March) the audience wanted just to view a musical show, not to listen to long and boring speeches of the leaders of PCRM. Involvement of physical persons in the election process On 13.02.2009, V.Cubreacov, Vice President of PPCD, has sent a request to CEC against registration of UCM. The contestation was denied, as sent by a physical person, although it’s possible that Mr. Cubreacov knows very well the laws, as a parliamentarian with a 10-year expertise. PCRM has contested on 16.02.2009, the word “Tarlev” in the logo of UCM, explaining that will influence the voters, on 17.02.2009 – the symbol of PL. At the session from 20.02.2009 CEC denied all this requests of the representative of PCRM.
General Attorney’s Office, Internal Affairs Department were actively involved in election campaign for parliamentary elections from 2009. On 13 February 2009 the prosecuter Igor Popa made a call to CEC for finding out if Mrs. Svetlana Chifa was in any election list, and to ask for CEC permission to arrest this person, who is the Chief of Municipal Direction for Child’s Rights. On 20.02.2009 the same prosecutor came to CEC with one more application against another candidate from the list of AMN, Platon Veaceslav, Vice President of Moldinconbank, asking CEC for its accept for the prosecution of that man, and his arrest. So we ask ourselves – this official from General Attorney’s Office is really a competent person, or just tryies to intimidate the candidates from other parties? Why all these persons weren’t arrested before the beginning of the election campaign? Of course, both illogical requests of this official were denied by Central Election Commission. In other case, the masked men from Counter-Corruption Direction tryied to arrest a man right after he was released from the Court. The investigations on this case still continue.
Observers at the elections from Moldova The Election Code gives the right to sent observers to many categories of organizations: international forums (OSCE, Council of Europe), foreign governments, local and international NGOs, which are registered by CEC or by Foreign Affairs Department. The law doesn’t specify a deadline for registering observers, all that a organization must do in order to be eligible – to promote Human Rights and democratic values. At the date 16 March 2009 CEC already registered 99 national observers and 77 international observersi. International observers Between 5 February and 15 March 2009
Moldova was visited by a group of representatives of monitoring commission of Parliamentary Assembly of Council of Europe. Very “brave” entered the election campaign the observers CSI (ICS), entering directly into the room where was the session of CEC. Although they weren’t registered yet, they gave a press conference right in the session room of CEC, fact that lead to the impression that at that moment, not CEC was leading the election campaign, but the Independent States Community. Bitter taste press conferences Since Mr. A. Barbov had multiple appearances at tv station NIT TV, when he recognized his attachment to the governing party, the coalition lead by him and his press conferences – are, in our opinion, a little bit too much outrageous. It would be correct if he will retire of the coalition, otherwise the monitoring made by him has no credibility.
Russian Federation?
Giving councelor mandate At CEC sessions from February 2009, a big part of the decision ( op to 10 decision per evey session) refers to giving advisor mandates for smaller cities councils, in different areas of Moldova. The parties change their men in territory before the parliamentary elections, why? i.Publication of information regarding political financing By the decision from 6 February 2009, Central Election Commission has established the limit of financial sources (amount of money) distributed to each candidate: For each political party - 12 milions lei, For each independent candidate – 500 thousands lei.
This sums are not entirely understood by the voters, especially because of financial crisis – who is running for high parliamentarian jobs and where all the money is coming from. The election laws wasn’t respected at all, concerning financing election campaign for each candidate. According to election code, Art.38, aliniat a) financial means and other forms of support of activity of election candidates will be shown in the media one month after the start of election campaign. Untill 6 March 2009 no political party or independent candidate didn’t show his sources. Most of candidates don’t even fulfill the conditions from a Art.38. The weekly report to CEC – is not respected again. If some of the candidates begun to present a very briefly report, we can’t see from it the source of financing. The reports are not showing concrete dates, phone numbers, name of sponsor, the initial sums collected per week, per month. j. the request itself is a proof
During election fight, the PCRM representative at CEC filed an imposing number of requests, comparing to the rest of candidates: AMN, PLDM, PD etc. In general, there is about the same thing – that in the newspapers isn’t indicated that the advertising was paid from the election fund. This fact confirms that no candidate published his advertising without violating election laws. IV.Recommendations The European Academy of Civil Society, First Club of Council of Europe and Press Agency of Young Journalists „AMP-International” – NGOs from the WOTC network that monitor the parliamentary elections, having in mind the violations stated above, propose: - the election candidates should not unleash their emotions passing to grave violations of the common sense, Human Rights, electoral code and Constitution, - CEC should interveve immediately in the case when governing party forces someone to come to the meeting, usually with a member of PCRM that directs some state institution,
- The citizen of Moldova who are gone abroad for work to be excluded from election lists only upon confirmation that they are left abroad by the DTI, Foreign Affairs Ministry, Customs Department or any other institutions, - Request the embassies of Moldova to develop a large advertising and information campaign, using foreign media, for potential voterslii alegători that reside outside Moldova, - Keeping books with strict evidence of vote certificates released to citizens that will vote in other circumscription that they are registered in, for preventing a possible fraud by the governing party, - Obligation to respect the law to all election candidates,
- Requesting election candidates declaration of all financial sources used in the campaign, - Respect of legislation by all newspapers, - CEC, the authority responsible of parliamentary elections, should carry out an information campaign nation wide, including in the eastern regions of our country,
- We recomment to CEC members a civilized behavior during CEC sessions, especially when the media leaves the hall, otherwise the NGOs from WOTC network will ask for moral and financial rewards because repetead use of bad words has a bad influence on the health of our observers.
- Also we recommend that the staff of CEC secretariat shoud take into consideration a serious preparation of the documents needed for its activity and to avoid verbal confrontations against national and international observers.
5 April 2009
Report no.1 Monitoring period:
05.02.2009 - 15.03.2009 Chisinau, R.Moldova Summary I. Introduction II. General conclusions
III. Observations
a.Election atmosphere b. Media and election campaign c. Follow-up of regulations regarding election advertising d. Voters e. Meetings witg voters f.abusive use of administrative resources g.”Active” involvement of police in election campaign h. observers at elections from Moldova i. monitoring the CEC behavior j. Publication of information concerning political financing IV. RecommendationsI.IntroductionThe project “Monitoring Parliamentary Election” from 5 April 2009 from Republic of Moldova is part of the long term basis project “I have the right to Work, to Love, to Live – I have the right to choose”, launced in 2005, whom author is World Organization of Talented Children (first international NGO with general headquarters in Moldova and participatory status with Council of Europe). The project “Monitoring Parliamentary Elections” will be achieved byEuropean Academy of Civil Society, First Club of Council of Europe and Press Agency of Young Journalists “AMP-International” – NGOs from WOTC network.
The NGOs from WOTC network are the first that form the roots of civil society from Moldova, and the members of these NGOs could serve as European model of volunteer work.
The monitoring period includes pre-electoral and post-electoral timeframe: 5 February – 5 may 2009. The monitoring will reflect also the election of new president of Moldova by the new elected Parliament.
First information about monitoring of parliamentary elections 2009 by the NGOs from WOTC network were spread by eletronic media immediately after their accreditation by the Central Election Commission (6 February 2009), an dis being spread weekly. The observers from the NGOs within WOTC network will cover over 100 voting offices from Chisinau as well as other cities and towns of Moldova and even cross the border of Moldova.
This report covers election process developed between 5 February and 15 March 2009. The collected information is documented by inputs of Impartial National Observers in application forms, surveys, observations, document copies, experts’ testimonies etc.
Monitoring is being carried out only with volunteer work of the members of these NGOs. The report was developed by the team of long-term observers. III. General conclusions Due to monitoring parliamentary elections from 5 April 2009 our observers concluded that:The Election Code of Moldova can serve as legislation example only in a perfect democracy. For free and fair elections, especially parliamentary elections, the results of which lead to the election of president of Moldova – are necessary serious modifications of the Election Code. At the moment, this code has allowed the developing of a campaign since October-November 2008, being used all events and holidays possible, starting with Wine Holiday, Day of Chisinau and ending with International Women Day – all of them had election flavour. The highest point of the campaign was between the months December 2008 and January 2009, when many political parties followed the manner of governing party and organized numerous meetings with voters, who didn’t even knew when the election day would be, even if the so called campaign was at its peak.. Since November-Decembere 2008 the future election contestants organized to appear in different media (starting with magazine „Moldova Today” that belongs to PCRM, which is spread for free even at the International Airport, or magazine „Viaţa ta”, where the candidates of UCM already stay on its cover and a lot of pages full of photos and text, and the advertising isn’t paid from the election fund. For this reason is impossible to see the real amount of money used by the election candidates, and the sources of the money. After many strikes and meetings, „reports” – when it was actually a real election campaign – most of parties and even some of independent candidates have reach the registration day already being tired, as it is the voter of the huge amount of election lies and intrigues. In report is focused on essential issues: - Media behavior in election period,
- Following by the election candidates the rules regarding election advertising (especially outdoor), - Abuses of administrative resources, - Bribing of voters, - The attitude of election commission concerning election candidates,
- The issue of transnistrian region, - Voters and the problem of expired documents, - Students’ issues, - Opening of new voting offices - Immoral attitude in relation to voters etc.
In the election campaign from 2009 the voters assist to a tragico-comic show (the end of this show will be revealed on 5 April 2009). Some advertising clips in the media have an opposite effect. In these conditions of great poverty of most of population – it’s not normal to come with promises that may relate to science-fiction world. While more that half of population can’t afford to pay for renting of flats, thousands of young people get sick because of subnutrition, some candidates promit fabulous salaries and pensions. The voters from Moldova are tired to hear again the same classic promises. Such behaviour of election candidates goes to indifference of voters. In dirty electoral fight of the political parties is used more often old people and youth. The young people are not being intimidated any more in asking money for vote or for coming to meetings with a candidate or another (on this subject were published in the media many materials). Some of the people who want to form the next Parliament, the ones who will have to create the rules of a state of law (absent at this moment) are the ones who violate the laws (for some of them, laws created by themselves). Although there is less than a month till the election day on 13.03.2009 not all the candidated presented to CEC financial report, according to Electoral Code and Regulations. The abuses of administrative resources and election bribes are destroying any hope of voters that Moldova will ever get rid of corruption. The written media is divided, depending of electoral or financial simpaties. The atmosphere from sessions of CEC is not the one that people expect. It would be better if CEC, the authority responsible of these elections, would carry out an information campaign, more ample, in newspapers as well in audiovisual media, for preventing the blackout of knowledge of voters from rural areas.
III. Violations The European Academy of Civil Society, First Club of Council of Europe and Press Agency of Young Journalists „AMP-International” – NGOs from WOTC network that monitor the parliamentary elections since the beginning of election period, have concluded: a. Electoral atmosphere and election candidates De facto, the election campaign for most of political parties begun long time before these parties were registered as candidates. In the local and national media was spread an enormous number of informative documents, but voters don’t believe in papers any more – they want meetings with the candidates. In a large number of villages these meetings weren’t organized because of the lack of halls where the meetings could take place in the winter period. We dont’a argue that is a weak electoral campaign, even more – between the candidates there is a real fight. The period presented in the report was full of conflicts: - Between candidates and public institutions (Police, General Attorney’s Office),
- Between candidates and local administration, - Between candidates and some NGOs that monitor the elections, - Between candidates and CEC, - Between candidates and media,
- As well as other powerful conflicts. Spreading the press release, from 11 March 2009, the Central Election Commission annoucned that the registration process of candidates is closed. The Commission has registered 21 election candidates: 15 political parties and 6 independent candidates. The necessary documents for registration as election candidate were sent by 23 parties and independent candidates. The registration in the electoral race was refused to 2 candidates, as were discovered in their lists too many errors, and the total number of signatures collected was lower that the asked number. So, in the vot bulletin of the parliamentary elections this year will be 21 contestants, such as:
Partidul Social Democrat; Partidul Politic Partidul Liberal; Partidul Politic Alianţa „MOLDOVA NOASTRĂ”; Partidul Popular Creştin Democrat; Partidul Comuniştilor din Republica Moldova; Partidul Politic Partidul Liberal Democrat din Moldova; Partidul Democrat din Moldova; Partidul politic Uniunea Centristă din Moldova;
Mişcarea social-politică „Acţiunea Europeană”; Partidul Dezvoltării Spirituale „MOLDOVA UNITĂ”; Partidul Conservator; Mr. Banari Sergiu; Mr. Urîtu Ştefan; Partidul Politic „Partidul Ecologist „Alianţa Verde”; Mr. Răilean Victor; Partidul Politic „PENTRU NEAM ŞI ŢARĂ”;
Uniunea Muncii „Patria-Родина”; Partidul Republican din Moldova; Mrs. Ţîmbalist Tatiana. Mr. Lomakin Alexandr; Mrs. Cuşnir Valentina. Judging the dates of the first electoral survey made by NGOs from WOTC network, no independent candidate has ever the chance to become deputy in the parliament (the minimum number is 3% of votes, a percent too high in our opinion). From the 15 parties, registered in the election campaign, the most cruel fight are being observed between PCRM, one side, and AMN, PLDM, PL, on the other side. For final results of election campaign and the election of new president of the country it is also important the votes that will be won by the next parties: PPCD, PSD, PD, UCM and MAE. The governing party has a lot of advantages in the campaign, advantages that are being used without a shame. PCRM has the most members in the commissions and elections bureaus. On the hands of the members of PCRM are the clean bulletins, the procedure of counting the votes, which will be considered valid and which not, and other advantages by which PCRM can manipulate the results of elections.
The survey made between 1 and 6 March 2009 had some questions. At the question: „who will you vote if today would be organized elections?” - the 1011 potential voters gave the next answers: PCRM – 33 % AMN – 20% PLDM – 11% PL – 10% PPCD – 7%
PSD – 6% PD – 5% UCM – 3% MAE – 1% Altele – 4 % b. Media and election campaign On 9 March 2009 begun the tv debates, moment that created conflicts among independent candidates (see reclamations from independent candidate Ş.Urîtu etc.). The reason – independent candidates were separated from the parties while debates from TV 7. 23 tv stations and 7 radio stations have declared that they will host electoral debates: Tv stations: Moldova 1; Euro TV Chişinău; Pro TV Chişinău; TV 7; Albasat (Nisporeni); Teleradio Bălţi; TV – 6 Bălţi; CTV Nis (Nisporeni/prin cablu); STV – 41 (Taraclia); Impuls TV (Şoldăneşti); Flor TV (Floreşti); TV Prim (Glodeni); TV Drochia; Sor TV (Soroca); Eni Ai (Comrat); Bas TV (Basarabeasca); AVM (Edineţ); Studio – L (Căuşeni); Canal X (Briceni); Elita TV (Rezina); Teleradio Găgăuzia; Media TV (Cimişlia); Art TV (Străşeni); Radio stations: Radio Moldova; „Radio Media” (Cimişlia); Bas FM (Basarabeasca); Vocea Basarabiei; Star FM (Bălţi); City FM, Radio Prim (Glodeni). 66 audiovisual institutions, 31 tv stations using airborn signals, 3 tv stations using cable transmissions, 31 radio stations using airborn signals and 1 radio station using cable transmissions have reflected the election campaign from 2009. Officially, 3 tv stations and 4 radio stations have stated that they will not participate in the election campaign.
The most crucial effect on voters are tv shows. This fact is well known by PCRM and PPCD. These 2 parties have intensively used the “propaganda” of the small blue screen, gathering important results. The observers from NGOs of WOTC network observed how these 2 election candidates have left the impression that EU TV belongs to PPCD, and NIT TV is the own tv station of PCRM. This could be one of the reason why these parties use a few outdoor advertising, comparing to other election candidates.
The month of ignited conflictsThe 2009 election campaign was conceived from the start as a fight with punches below wrist:
- Some candidates are presented as criminals (we are wondering why they weren’t sent to prisonbefore the elections?!), - Others are presented as traitors, - Some leaders are good friends ot State’s Duma (what the Russian Federation State Duma want to demonstrate with this?!), - others – great and good friends of Putin, Barosso etc. advertising clips The election candidates unleash their emotions during their tv debates as well as in the advertising clips, violating the most common rules of the common sense, Human Rights, Electoral Code, Constitution. AMN had the most positive advertising clips, this until the moment they begun to use the face of PCRM leader. As a reply – PCRM used the AMN clips, deforming them, using against AMN. In video clips about PLDM and its leaders in the shows of EURO TV was included a desgusting context the name of the poet Grigore Vieru. All these video materials are of other nature, that the electoral one.In the motivation of its request, the PD representative shows that, on 10 March 2009 during news headlines from tv stations „NIT”, „N4”, „Eu TV” were used reports about the reclamation sent to CEC by the PCRM election representative. During these reports were used affirmations that the Democratic Party has used financial rescources that were not declared and risk to be excluded from the election race. Were mentioned that tv stations „NIT” şi „N4” spread the news in 2 versions: audiovisual and textual. In the opinion of the contestant, „that conclusions represent insinuations and have prejudiced the image” of the Democratic Party from Moldova. The tv stations from Moldova are in a hurry to present sensations, want to be the first in presenting information about a candidate or anotherm without verifying the source. In this way, (case from 24 February 2009, when tv stations „Moldova 1”, „NIT”, „Pro TV”, „N4” have spread information offered at a press conference by Mr. Alexandr Barbov.(More detailed information about the observer Alexandr Barbov – see the chapter observers). The Internet PCRM used during campaign election clips in the media, inclusive in the International Network (Internet) violating seriously the rules of pct. 12 of the Regulations regarding reflecting election campaign. In these clips were used images with foreign officials, such as V. Putin,D. Medvedev, J. M. Barosso. More than that, were used images representing state institutions, also national symbols of Republic of Moldova, of Russian Federation, European Union etc. CEC has warned the PCRM, accepting the reclamation of election candidates againts PCRM.
Press conferences shown at tv stations The 2009 election campaign was flooded by press conferences of most election candidates, observers and any other representatives. During press conferences from monitored month, the representatives of UTA Gagauzia communicated that th the suggestion of speaker of State;s Duma, the voters from Gagauzia vill grant their vote to PSD. Unlike the elections from 2005, now nobody saw this violation, as the Duma of Russian Federation again involves in the election processes ofRepublic of
Moldova. c. Follow up of regulations regarding outdoor advertising
small billboards Between 5 February and 15 March 2009 the outdoor advertising belongs to PCRM, AMN, PLDM, followed by PSD, PD, MAE, UCM and with few billboards - PPCD. Even smaller number of billboards belongs to PL and the independent candidates. But the voters don’t have the time to read this billboards, because as soon as some billboards are hanged out, the opponents come and rip all apart, and so on. Many election candidates are spreading advertising materials straight to postal boxes of people, but these materials are thrown at garbage by the owners as soon as they open the box. Medium and large billboards, other advertising materials In the case of large billboards continue their domination: AMN, PLDM, PSD, followed by PD, MAE. In each sector of Chisinau are placed minimum 5-7 large billboards. MAE and UCM also placed large billboards, and the PCRM – a few. Some electoral candidates don’t respect the work and financial expenses of other candidates. In the capital big billboards of PLDM got dirty with paint or even destroyed (sector Rîşcani, Buiucani etc). A more receptive category of voters are in rural villages (the reason – the villages are empty, the youth is gone working abroad).
The election candidates used all possible holidays (Valentine’s Day, Mihai Volontir’s anniversary etc.) The NGOs from WOTC network have informed on its web portals about the affiches for St. Valentine’s Day, a love holiday stoled from American nation. The reclamations sent to CEC (13.02.2009 etc) were supported by this instance, which in its resolution from 27.02.09 states that „by the action of using materials with elements of electoral propaganda, UTCM has violated art. 30 alin. (1) from Law nr. 837-XIII from 17 May 1996 regarding associations, that stipulates interdiction of participation for associations in the framework of elections of public authorities.” CEC states also that according to the stipulations of the Law nr.837/1996, the Justice Ministry is responsible of thorough verifying of activity of associations, including under financial aspect”. Having in mind that, CEC warned Justice Ministry „for examining in collaboration with other competent institutions, the activity of UTCM and its legal aspects”. The Justice Ministry though, didn’t made any verifications. PPCD has spread its newspapers at every voter’s house. d. Voters The voters from Moldova are composed of 70% Moldavians, the rest are different ethnic groups: russians, ukrainians, jews, gagauz, bulgars, arabs etc.
According to alin.(3), art.53 from Election Code, the voting process pursues next identity acts: a) identity act of citizen of Republic of Moldova, where is indicated its permanent address or its residence; b) ex-sovietic passport, model of the year 1974 with mention of citizenship of Moldova, residence mention; c) passport of ex-sovietic model of 1974 year with mention „valid unlimited period”, citizenship of Moldova; d) identity act provisory of type F-9 with mention regarding citizenship of Moldova and owner’s residence; e) passport for entry/exit from the country, sailor’s ticket; f) military ticket for mobilized military men, for the people that choose to do the Armyl (alternative option).
By the press release from 5 March 2009 CEC drawn the attention to verify the validity period of their identity documents. The voters with expired documents will not be able to vote any more, exception for citizens of Moldova that will vote abroad, at voting offices opened inside our embassies.” Over 130,000 voting ballots expired According to the information released by the Ministry of Informational Development, on 3 February 2009 over 130,000 citizens have their documents expired. At the question how many Moldavian citizens are left abroad, the Ministry representative didn’t know what to answer. These disscutions revealed that the authorities of
Moldova have no idea how many citizens are gone abroad. This is the perfect occasion for frauds that will be eventually organized by the governing party; more than that, CEC told that there are a larger number of voters that at the election from 2005, although in this period has increased the number of citizens that flee the country. This provoked the riot of election candidates (O.Nantoi, PD at the debates from EU TV etc.) The Central Election Commission (press release from 12.03.2009) said that the voters list are made up by city halls and mayor’s office and are being verified at the residence of each voter. Also CEC spoke about the information regarding number of Moldavian citizen with right to vote has a consultative role and can’t serve as a base for creating voters list. These lists are to be made public 20 days prior voting day, the latest. For parliamentary elections from 5 April 2009, the citizen will be able to verify their validation in the period 16–31 March. They cand claim any violation of their inclusion or exclusion from the voters list 5 days before the election day, I mean no later that 31 March 2009. As it was already mentioned, the voters is very small informed about the election process of the year 2009, especially voters from rural villages. A more dramatic situation is when informing the citizens that are in other countries. In our survey developed between 1- 6 March 2009 shows us a very bad image: a big part of voters know maximum 3-5 persons from each political party, usually the top of the list, or the people that ruled the country before. From the table below you can see how the voters know the election candidates from the list proposed by election candidates:
| Know the person | PCRM | AMN | PLDM | PSD | PL | PPCD | PD | UCM | MAE | ||||||||||
| Up to 5 persons | 97 | 96 | 91 | 86 | 85 | 80 | 79 | 65 | 60 | ||||||||||
| Between 6-10 persons | 60 | 70 | 75 | 30 | 27 | 25 | 23 | 18 | 15 | ||||||||||
| Între 11-20 persoane | 15 | 15 | 17 | 10 | 11 | 15 | 9 | 7 | 5 | ||||||||||
| Între 21-30 persoane | 1 | 3 | 5 | 0 | 0 | 1 | 0 | 0 | 1 | ||||||||||
| Between 31-40 persons | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | ||||||||||
| Between 41-50 persons | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||||||||||
| Between 50 persons | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||||||||||
| 100 persons | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
e.Organizing meetings with voters
As the election campaign is being carried out in the winter season, you can’t meet the voters outside. At the 2009 campaign were signaled cases when some representatives of local authorities (PCRM representatives again, of course) didn’t allowed voters to meet with election candidates. Such situations were registered at the meetings with candidates of PD, AMN, PL, PLDM and independent candidates. In the same time PCRM has its own methods of making election campaign that are not shared, but hidden. f. abusive use of administrative resources “Reports” or meeting with voters In the election campaign from 2009, the governing party used abusively the „methods” of electoral campaign from 2007 and 2005. The employes of othery system (educational, Moldova Gaz etc.) were forced to attend at secret meetings with the candidate preferred by the dignitary that leads that organization. The observers from NGOs from WOTC network have confirmed already at some press conferences that most of parties used and continue to use administrative resources. But on the first place, far from other candidates, there is PCRM. A bitter taste case took place on 9.03.2009, when Madam Prime Minister meet in great secret with workers of „Moldova Gaz”, at National Opera. At this meeting, lying about the successes of Moldova under the leadership of PCRM, Madam Prime Minister told that the people from Moldova Gaz have a salary of already 300 USD. Someone from the audience wrote a ticket that was sent to the Prime Minister, suggesting that she was wronged and that many people from that organization don’t have not even 200 USD per month. The ticket didn’t not reached the Prime Minister, but the representative of Moldova Gaz. Soon after the meeting, an internal investigation was started by this representative in order to find out who wrote this ticket. The workers were threataned that they all will be fired. Our observers found out that the rent of that hall wasn’t paid from the election fund of PCRM and more than that, the Hall was offered free of charge. We also wanted to know the amount of the salary of the over 1000 workers from Moldova Gaz, whici, during working hours (14.00-16.00) were „brouht together” at National Opera.The observers stated that by the means disposed of it, the CEC must impose to all candidates the condition of respecting the laws, no matter its priority, so that the voters wouldn’t be bribes or intimidated, blackmaled, and to stop the use of administrative resources. The election candidates contested the case of 8 March congratulations of Moldavian women by the PCRM leader and many other cases of frauds of the candidates from the governing party. In the case of other prestigiouse halls, like National Palace, the observers weren’t allowed inside, but we interviewed the persons who were at that meetings, and the method was the same. At the concerts from the Festival „Mărţişor” (1-10 March) the audience wanted just to view a musical show, not to listen to long and boring speeches of the leaders of PCRM. Involvement of physical persons in the election process On 13.02.2009, V.Cubreacov, Vice President of PPCD, has sent a request to CEC against registration of UCM. The contestation was denied, as sent by a physical person, although it’s possible that Mr. Cubreacov knows very well the laws, as a parliamentarian with a 10-year expertise. PCRM has contested on 16.02.2009, the word “Tarlev” in the logo of UCM, explaining that will influence the voters, on 17.02.2009 – the symbol of PL. At the session from 20.02.2009 CEC denied all this requests of the representative of PCRM.
General Attorney’s Office, Internal Affairs Department were actively involved in election campaign for parliamentary elections from 2009. On 13 February 2009 the prosecuter Igor Popa made a call to CEC for finding out if Mrs. Svetlana Chifa was in any election list, and to ask for CEC permission to arrest this person, who is the Chief of Municipal Direction for Child’s Rights. On 20.02.2009 the same prosecutor came to CEC with one more application against another candidate from the list of AMN, Platon Veaceslav, Vice President of Moldinconbank, asking CEC for its accept for the prosecution of that man, and his arrest. So we ask ourselves – this official from General Attorney’s Office is really a competent person, or just tryies to intimidate the candidates from other parties? Why all these persons weren’t arrested before the beginning of the election campaign? Of course, both illogical requests of this official were denied by Central Election Commission. In other case, the masked men from Counter-Corruption Direction tryied to arrest a man right after he was released from the Court. The investigations on this case still continue.
Observers at the elections from Moldova The Election Code gives the right to sent observers to many categories of organizations: international forums (OSCE, Council of Europe), foreign governments, local and international NGOs, which are registered by CEC or by Foreign Affairs Department. The law doesn’t specify a deadline for registering observers, all that a organization must do in order to be eligible – to promote Human Rights and democratic values. At the date 16 March 2009 CEC already registered 99 national observers and 77 international observersi. International observers Between 5 February and 15 March 2009
Moldova was visited by a group of representatives of monitoring commission of Parliamentary Assembly of Council of Europe. Very “brave” entered the election campaign the observers CSI (ICS), entering directly into the room where was the session of CEC. Although they weren’t registered yet, they gave a press conference right in the session room of CEC, fact that lead to the impression that at that moment, not CEC was leading the election campaign, but the Independent States Community. Bitter taste press conferences Since Mr. A. Barbov had multiple appearances at tv station NIT TV, when he recognized his attachment to the governing party, the coalition lead by him and his press conferences – are, in our opinion, a little bit too much outrageous. It would be correct if he will retire of the coalition, otherwise the monitoring made by him has no credibility.
h. monitoring of CEC behavior
Election administration
At 18 December 2003 were elected the members of CEC for a mandate of 6 years. Some members were replaced in time. Weekly sessions of CEC Between 6 February and 15 March 2009 CEC has adopted tens of decisions, but they can’t get to most voters. The short information spread by tv stations are not satisfied. The information is presented in the same evening it was adopted, without being repeated the next days. The Moldavian voters that work abroad have fewer chances to be kept informed about what’s hapening. Transnistrian issue One of the most discussed issues among voters is the transnistrian region voters. The initiative of AMN, promoted by CEC, of opening voting offices in the areas from the left bank of Nistru River – it has no reply so far. Now, with less than a month till elections, it’s clear that the authorities from Chisinau can’t open such offices. And we ask ourselves – how come those other foreign states were able to open voting offices in Transnistrian region? How come that was created conditions for citizens of Ukraine,Russian Federation?
Giving councelor mandate At CEC sessions from February 2009, a big part of the decision ( op to 10 decision per evey session) refers to giving advisor mandates for smaller cities councils, in different areas of Moldova. The parties change their men in territory before the parliamentary elections, why? i.Publication of information regarding political financing By the decision from 6 February 2009, Central Election Commission has established the limit of financial sources (amount of money) distributed to each candidate: For each political party - 12 milions lei, For each independent candidate – 500 thousands lei.
This sums are not entirely understood by the voters, especially because of financial crisis – who is running for high parliamentarian jobs and where all the money is coming from. The election laws wasn’t respected at all, concerning financing election campaign for each candidate. According to election code, Art.38, aliniat a) financial means and other forms of support of activity of election candidates will be shown in the media one month after the start of election campaign. Untill 6 March 2009 no political party or independent candidate didn’t show his sources. Most of candidates don’t even fulfill the conditions from a Art.38. The weekly report to CEC – is not respected again. If some of the candidates begun to present a very briefly report, we can’t see from it the source of financing. The reports are not showing concrete dates, phone numbers, name of sponsor, the initial sums collected per week, per month. j. the request itself is a proof
During election fight, the PCRM representative at CEC filed an imposing number of requests, comparing to the rest of candidates: AMN, PLDM, PD etc. In general, there is about the same thing – that in the newspapers isn’t indicated that the advertising was paid from the election fund. This fact confirms that no candidate published his advertising without violating election laws. IV.Recommendations The European Academy of Civil Society, First Club of Council of Europe and Press Agency of Young Journalists „AMP-International” – NGOs from the WOTC network that monitor the parliamentary elections, having in mind the violations stated above, propose: - the election candidates should not unleash their emotions passing to grave violations of the common sense, Human Rights, electoral code and Constitution, - CEC should interveve immediately in the case when governing party forces someone to come to the meeting, usually with a member of PCRM that directs some state institution,
- The citizen of Moldova who are gone abroad for work to be excluded from election lists only upon confirmation that they are left abroad by the DTI, Foreign Affairs Ministry, Customs Department or any other institutions, - Request the embassies of Moldova to develop a large advertising and information campaign, using foreign media, for potential voterslii alegători that reside outside Moldova, - Keeping books with strict evidence of vote certificates released to citizens that will vote in other circumscription that they are registered in, for preventing a possible fraud by the governing party, - Obligation to respect the law to all election candidates,
- Requesting election candidates declaration of all financial sources used in the campaign, - Respect of legislation by all newspapers, - CEC, the authority responsible of parliamentary elections, should carry out an information campaign nation wide, including in the eastern regions of our country,
- We recomment to CEC members a civilized behavior during CEC sessions, especially when the media leaves the hall, otherwise the NGOs from WOTC network will ask for moral and financial rewards because repetead use of bad words has a bad influence on the health of our observers.
- Also we recommend that the staff of CEC secretariat shoud take into consideration a serious preparation of the documents needed for its activity and to avoid verbal confrontations against national and international observers.
