SECRETARIAT GENERAL

SECRETARIAT OF THE COMMITTEE OF MINISTERS
SECRETARIAT DU COMITE DES MINISTRES

Contact: Anna Austin
Tel: 03 88 41 22 29

Date:    02/12/2014

DH-DD(2014)1466E

Meeting:	1214 meeting (2-4 December 2014) (DH)
Item reference:	Communication from the Republic of Moldova (02/12/2014): Non Paper on the situation of the Latin script schools from the Transnistrian region administered by the Government of the Republic of Moldova (anglais uniquement).

Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

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Non Paper

on the situation of the Latin script schools from the Transnistrian region administered by the Government of the Republic of Moldova

Historical background

Given various historical and political circumstances, eight schools in the Transnistrian region of the Republic of Moldova operate under the administration of the Ministry of Education of the Republic of Moldova, on the basis of Latin script and Moldovan Curricula. These institutions are qualified by the so-called Transnistrian administration[*] as "non-governmental educational institutions."

Throughout the years, the schools were facing various challenges and are operating in an environment of uncertainty, various forms of pressure and intimidation. In the summer of 2004, the Transnistrian de facto administration decided to close down the Latin-script schools in the cities of Bender, Râbniţa and Tiraspol. The representatives of the so-called “militia” blocked the access of pupils to the schools, as well as arrested some parents and teachers. In some cases, the parents and children refused to leave the buildings to avoid closure of the school. International community condemned the actions of the Transnistrian structures. The OSCE High Commissioner on National Minorities, Rolf Ekeus, characterized the situation around the schools as „nothing less than linguistic cleansing”. In 2004, EU has added a number of persons involved in provoking “schools crisis” on its visa-ban list of Transnistrian officials responsible for the deadlock in the conflict settlement process.

The issue of Latin-script schools functioning was constantly raised by Chisinau in its dialogue with Tiraspol. With the change of leadership in the Transnistrian region in December 2011 the pressure on schools has been reduced, but only for a while. Although the old problems, such as access to adequate buildings were not resolved, schools were operating in acceptable conditions. In 2012, as a result of significant efforts undertaken by the Moldovan authorities the Working Group on education resumed its activity. The discussions focused on a wide range of issues related to the situation of the Latin script schools, as well as educational documents issued by Transnistrian educational institutions. However, the situation started to gradually deteriorate in the second half of 2013.

Meanwhile, in October 2013, the Grand Chamber of the European Court of Human Rights delivered its judgment in case of Catan and Others vs. Moldova and Russian Federation, which concerned also the very same events and implied over 170 pupils and their parents. According to this judgment, Russian Federation was found responsible for not taking any measures in settling the schools situation, although it could do so since the Transnistrian authorities are over its influence given the Russian military, economic and politic support. The Russian Federation remains to pay the applicants an overall sum exceeding 1 million Euros for moral damages and costs, as well as to prove its commitments in erasing all consequences of the Convention breach found by the Court.

Systematic and complex issues

Each of the schools operates in a distinct environment facing different kind of problems in their activity, such as: 1) problems with access to adequate premises; 2) increase of payments for rent and utilities; 3) obstacles for transportation of goods and delivery of supplies; 4) obstacles to the freedom of movement/transportation of children.

Most of the schools do not have their own premises, being obliged to rent buildings from the local administrations and private companies operating in the region. The negotiations regarding the rental price are conducted with the local de facto administration based on an individual approach towards each school.

However the rent price is increasing and applied on a discriminatory basis, especially considering the financial resources that Moldovan Government invested in the restoration and maintenance of the buildings. At the same time, three lyceums: “Evrika” from Râbniţa, “Ştefan cel Mare” from Grigoriopol and “Mihai Eminescu” from Dubăsari are deprived of the possibility to use their premises (see details below).

Starting with 2013 according to a decision taken in May 2013 by the de facto Transnistrian administration the prices for utilities of all institutions under the jurisdiction of the Moldovan Government situated in the Transnistrian region, have increased to the level applied by the Republic of Moldova. 

Lately, the Latin-script schools are requested to acquire new type of stamps which would stipulate that the schools are “non-governmental educational institutions” – the status that the Transnistrian side insists to be accepted by the Moldovan Latin-script schools. Without the new type of stamps, the schools are not allowed to sign rental and utilities contracts. The administration from Tiraspol continues to insist upon including the fiscal code in the rent contracts, an element that represents a procedural impediment in paying the debts for the rented space.

All these problems and difficulties the schools are facing were brought lately to the attention of the delegations by the Permanent Representative of the Republic of Moldova to the Council of Europe during Deputies’ meetings on 18 December 2013, 5 and 12 February 2014, 12 March 2014, 18-19 March 2014.

A Statement regarding the situation of the Latin-script schools was issued by the EU Delegation at the CM Deputies’ meeting on 18-19 March 2014.

Additionally, the worrying trends around the Latin script schools were emphasized to the OSCE participating states during the meetings of the Permanent Council on 12 December 2013, 16 January 2014, 6 February 2014, 6 March 2014, 10 July 2014. The Moldovan Deputy Prime Minister, Minister for Foreign Affairs and European Integration, Natalia Gherman, has referred to the school’s issue among other worrying problems in her address to OSCE Permanent Council on 8 May 2014.

Moldovan authorities raised the problems of the schools during the meetings of Working Group on Education on 1 October 2013, 5 December 2013, 27 January 2014, 25 February 2014, 18 March 2014, 16 April 2014, 24 June 2014, 26 August 2014, 2 and 10 October and 19 November 2014.

The OSCE High Commissioner on National Minorities, Astrid Thors on a visit to the Republic of Moldova, in July 2014, expressed her concern over the situation of the Latin Scrip Schools - “Closure of one or more of the schools could further deteriorate relations between Chisinau and Tiraspol and could aggravate tensions in the region.”

The issue of the Latin-script schools was discussed also by the Parliamentary Assembly of the Council of Europe on a number of occasions, including during the autumn session 2013. In its Resolution 1955 (2013), Parliamentary Assembly calls on Russian Federation to implement the ruling of ECHR in the case of Catan and others v. Russian Federation and the Republic of Moldova. 

The European Parliament expressed its concerns in a Resolution on the subject adopted on 6 February 2014.

1.    The issue of Premises / Returning of the buildings[†]

Theoretical lyceum “Evrika” in Râbniţa. In 1997, Râbniţa administration allocated a land plot and a building of the former educational center as premises for the school. The Moldovan Government started the construction of two new buildings. As a result of the school crisis in 2004, the process was stopped and the lyceum was deprived from the possibility to use those premises. The local de facto administration argued that the dispute over the plot and the building was only about property. Therefore, the lyceum has to rent the premises from a kindergarten of the Moldovan Metallurgic Plant.

 

Theoretical lyceum “Ştefan cel Mare” from Grigoriopol/Doroţcaia. In 2002, the de facto administration from Tiraspol closed the lyceum because it was using Latin script. The Ministry of Education of the Republic of Moldova had to take the decision of transferring the school within the premises of the lyceum in Doroţcaia village which is situated on the territory controlled by Moldovan authorities and located at about 10 km distance from Grigoriopol. Currently two different schools share the same premises and the pupils have to study in two shifts.

Theoretical lyceum “Mihai Eminescu” from Dubăsari/Cocieri.  Initially, the school was functioning in Dubăsari but in the meantime the local de facto administration prohibited using the Latin script and children were forced to move into another location, i.e. in the Cocieri village which is under control of Moldovan authorities. Currently the school rents a building from the retirement house belonging to the Ministry of Labor, Social Protection and Family of the Republic of Moldova, being situated in one of the buildings of the Center for Rehabilitation of Labor and War Veterans. The rental agreement is free of charge valid until 2025.

2.    Increase of payments for rent, utilities

The Gymnasium in Corjova. The school rents the premises of a kindergarten from the “local administration” and other two premises from a private company. In 2005, the buildings were refurbished under the Reconciliation through Secondary School project implemented by the Moldovan Social Investment Fund. According to rental agreement gymnasium was using the buildings free of charge. Later, the school principal was informed that the de-facto administration from Dubăsari will be in charge of this gymnasium and must conclude a rent contract for the period 2013-2014. The de facto administration is requesting to pay a monthly rent of about 46.000 MDL (about 2600 EUR).

The Lucian Blaga lyceum from Tiraspol is also requested to pay an increased price for renting the building (the yearly rent price has been increased with about 30.000 MDL (aprox.1600 EUR).

3.    Obstacles for transportation of goods/delivery of supplies

Moldovan Government provides the schools with the necessary educational materials (textbooks, literature). Also, the Government pays salaries for the teachers and covers all social allowances. The transportation of these goods through the administrative line and Transnistrian check-points represents a constant challenge. The most recent and relevant example of many incidents in this sense is the detention by the so-called Transnistrian “customs committee” and “militia” of the director and two employees of the “Lucian Blaga” lyceum located in Tiraspol, who were transporting salaries of the teaching staff (see for details below).

4.    Obstacles to the freedom of movement/transportation of children

The pupils from the lyceum “Ştefan cel Mare” (Grigoriopol) cross on a daily basis the Transnistrian checkpoints on the administrative line to attend the school in the village of Doroţcaia. In September 2011, several incidents were reported when the “militia” stopped the bus and checked the children and teachers.

 

The schools report constantly about the harassment from the local de-facto administration including “militia” on account of using the Official Moldovan State Symbols and for official school ceremonies when the national flag is displayed and the national anthem is played.

Other cases of intimidation and the data concerning the decrease of students in the Latin-script schools

The Latin-script schools are experiencing an increased administrative pressure from various Transnistrian structures. Some of them are facing numerous challenges such as increase of rent prices and requests to disclose fiscal information. In case of one school, namely the Lucian Blaga lyceum, there was temporary blockage of bank accounts. Moreover, the teaching staff is requested to pay 15% “income tax” to the Transnistrian budget, which leads to double taxation since teachers receive salaries from the Moldovan budget where the taxes and social contributions are already deducted. The schools are visited by the representatives of the Transnistrian law-enforcement structures on regular basis. All Latin-script schools have received notifications from the Transnistrian de-facto fiscal structures to acquire “fiscal code” and disclose all information about their financial activity. Notifications clearly stipulate that the schools will be closed in the event they will not cooperate. In recent months the teachers who reached the pensionable age and were receiving pensions from the Transnistrian side were announced by fiscal structures of the region that they might be requested to return money equivalent of the received pension to the Transnistrian budget or their pension was reduced.

The lyceum “Lucian Blaga” located in Tiraspol is facing the most significant pressure. On 5 February 2014 the representatives of the so-called “customs committee” and “militia” of the Transnistrian region, arrested the director of the Lyceum Mr. I. Iovcev and other two employees. The director and his employees were transporting money for salaries of the teaching staff and after crossing the administrative line and Transnistrian checkpoints they were stopped and accused of the alleged “money smuggling”. Some unarmed representatives of the Moldovan peacekeeping contingent were present at the place of incident. At certain moment, the so-called Transnistrian “special forces” showed up and detained the members of the peacekeeping contingent while Mr. Iovcev and his colleagues were transported to Tiraspol. As a result of joint efforts undertaken by the Moldovan Government and its international partners, the Transnistrian structures have released all persons.

Another case of intimidation took place when the principals of the Latin script schools  were warned by the Transnistrian security services not to  use the national flag of the Republic of Moldova and to play the national anthem in organizing the first bell ceremony (1 September, 2014). Consequently, at the Tighina (Bender) Gymnasium the electricity was disconnected when pupils started to sing the national anthem. All institutions were supervised by the militia and other people in uniform.

Starting with new school year, Tiraspol administration adopted a new scheme of payment for the school meals, increasing discriminatory the level of payment for the parents of the pupils studying in the Latin Script Schools while the payment by other parents is being substantially decreased.

As can be seen from Table 1 (see the annex), the number of students in the eight Latin-script schools has decreased steadily over the past several years. The total number of students has declined from 5619 in the 1998/1999 school year to 1800 in the 2012/2013 school year, with some schools reporting a drop of 60 per cent or more of their students in the period since 2004-2005. The school directors all acknowledge this and cite it as an existential issue and the biggest threat the schools face today.

While the Transnistrian de facto authorities state that this decline is due to the lack of interest in these schools by parents or of their low quality of education, the real situation is different. Between the many reasons are: forced closures and constant intimidations, which persuaded parents to educate their children elsewhere; the compromised premises and conditions under which the schools currently operate; diplomas from the schools are not recognized by higher education institutions and employers in Transnistria. 

In terms of statistics, the applicants’ representatives communication DH-DD(2014)683-rev includes the list of applicants who continue to study at Moldovan Latin script schools in Transnistrian region and are victims of continuous violation of the right to education. In Annex 2 of the same document, there are convincing figures also of the fact that the Department of the Governmental Agent of the Russian Federation refuses to receive recommended letters from applicants.

On 7 October and 10 November 2014, the Gymnasium from Corjova and the lyceum Evrika received a request referring to the obligation of presenting the list of students to include them in the military records and eventually for those eligible to be incorporated in the paramilitary structures of the transnistrian region.

Additionally, the latest serious concerns implies the construction works carried out by the administration of Tiraspol, close to the premises of the Theoretical Lyceum ”Lucian Blaga”, that are of a high risk for life and health of the students. Consequently, on the 1^st November 2014, in the schoolyard appeared 10 vehicles, the owners of which have not been identified. The director of the school complained about this case but the works are still going on.

The current situation in the negotiation process referring to the Latin Scrip Schools

At the annual Conference on confidence building measures in the Transistrian conflict settlement process that took place in Freising/Germany, on 10-11 June 2014 it wasagreed by both sides to draft a framework document on functioning of the Latin Script Schools from the region.

The Moldovan side pleads for a document that would provide a long-term solution for schools without any substantial interference into the educational process. At the meetings conducted in the framework of the Working Group on education in the period from September to November 2014, the sides have concentrated on the issues related to reporting on financial activities of the Latin-script schools. Moldovan authorities are underlining that any such reporting should not conduct to taxation of the schools by Transnistrian de-facto administration. The Transnistrian administration continues to insist on agreeing a taxation procedure of the teaching staff of the schools. The Moldovan side underlines that taxation of the teachers would conduct to double taxation and create an additional economic burden for them.

The representatives in the Working Group have also focused their efforts on resolving outstanding issues related to the rental contracts for the schools’ buildings. The only left rental contract for the Bender boarding school has to be signed in coming days. It is also discussed the period for new joint inspections of the schools that could take place during winter holidays.

In parallel the EU has conducted an expert mission on education issues on the both banks of the Nistru River. The experts drafted a report with recommendations on the issue of applying apostil on the diplomas issued by Transnistrian educational institutions. The report is being examined and will discussed in due course. 

Commitment for dialogue

The Republic of Moldova is committed to resolve the issues related to functioning of the schools through dialogue. In parallel Chisinau is constantly appealing to the Transnistrian side to refrain from any unilateral actions that could lead to the deterioration of conditions in which schools are operating. The issue of the Latin script schools represents one of the priorities on the agenda of negotiations in 5+2 format. Since the beginning of 2012 this topic is discussed systematically in meetings between chief-negotiators. It also dominates the agenda of the Working Group on Education. The subject was also discussed by the Prime Minister of the Republic of Moldova with Tiraspol leader.

28 November 2014

                                                                                                                                    Annex 1

Comparative statistical data concerning the decrease of the pupils in the Latin-script schools in the Transnistrian region of the Republic of Moldova

	Institution	Number of pupils in the period of  2011-2012	Number of pupils in the period of    2012-2013	Number of pupils in the period of    2013-2014
	Three schools concerned by the judgement Catan and others
1.	Theoretical Lyceum ”Evrica”, or. Rîbniţa	217	181	158
2.	Theoretical Lyceum ”Alexandru cel Bun”, Tighina/Bender town	642	578	527
3.	Theoretical Lyceum ”Ștefan cel Mare” Grigoriopol	185	170	160
	Other Latin-script schools
1.	Theoretical Lyceum ”Lucian Blaga”, Tiraspol town	163	166	146
2.	Theoretical Lyceum ”Mihai Eminescu”, Cocieri village, Dubăsari region	471	451	419
3.	Gymnasium Roghi village, Dubăsari region	76	75	61
4.	Gymnasium Corjova village, Dubăsari region	88	89	85
5.	Gymnasium- internat, Tighina/Bender town	88	90	73

                                                                                                               

                                                                                                                                                Annex 2

Students’ enrolment in the Latin-script schools, 1998-2012

                                                                                                                                                               Annex 3

Dynamics of students enrolled in eight Moldovan-administered Latin-script schools