The
Organization for Security and Co-operation in Europe (OSCE) is a security
organization whose 55 participating states span the geographical area
from Vancouver to Vladivostok. The OSCE in this region is the primary
instrument for early warning, conflict prevention, crisis management and
post-conflict rehabilitation.
The
OSCE approach to security is comprehensive and co-operative. This means
firstly, that the protection of human rights and fundamental freedoms,
along with economic and environmental co-operation, are considered to
be just as important for the maintenance of peace and stability as politico-military
issues, and as such are an integral component of OSCE activities. Secondly,
all participating states have equal status and all decisions are taken
on the basis of consensus, as no state should strengthen its security
at the expense of other participating states. Security has to be reached
by true partnership based on mutual accountability, transparency and confidence
at both the domestic and the foreign policy level.
The
OSCE is dealing with a wide range of security issues, including arms control,
preventive diplomacy, confidence- and security-building measures, human
and minority rights, election monitoring and economic and environmental
security. The OSCE deploys field missions and offices in countries that
require assistance in these spheres.
The
OSCE Mission to Moldova started its work on 25 April 1993. 8 international
Mission members and 11 local staff employees are working in the Missions
two offices in Chisinau and Tiraspol. The Missions mandate is:
1) to facilitate negotiations between the sides to the Transdniestrian
conflict on a lasting political settlement of the conflict and to provide
advice and expertise on the definition of a special status of the Transdniestrian
region within the Republic of Moldova;
2) to facilitate the withdrawal of Russian troops, armament, ammunition
and equipment from the Transdniestrian region of the Republic of Moldova;
and
3) to provide advice and expertise on the effective observance of international
obligations and commitments regarding human and minority rights, and democratic
transformation.
In
the negotiation process the OSCE through its Mission to Moldova is, together
with the Russian Federation and Ukraine, one of the mediators between
Chisinau and Tiraspol. It is not the task of the Mission to ascertain
which of the sides carries more responsibility for the conflict and the
1992 events, but to find a concrete resolution to the existing situation
and to bring the sides together to discuss proposals of the mediators
and sides on a special status of Transdniestria within the Republic of
Moldova. The most important issues in the talks at the moment are the
delimitation and mutual delegation of powers and jurisdictions between
Chisinau and Tiraspol, the establishment of a common legal, defense, economic
and social space, the increase of mutual confidence and co-operation,
and the determination of a mechanism of external and internal guarantees.
About 50 agreements have been reached so far between Chisinau and Tiraspol
in the framework of the negotiation process. Unfortunately, most of them
are not or only partly implemented.
The
most important agreements are the 1997 Moscow Memorandum on the Basis
for Normalization of Relations between the Republic of Moldova and Transdniestria,
and the 1998 Odessa Agreement on Confidence Measures and Development of
Contacts between the Republic of Moldova and Transdniestria.
In the Moscow Memorandum the sides concurred to build their relations
in the framework of a common state. However, both sides interpret the
notion of common state differently. While Chisinau maintains
that the common state is the Republic of Moldova within which
the Transdniestrian region should have a special autonomous status, Tiraspol
argues that there are two sovereign states on the territory of the former
MSSR and that these two states have to build a common state in the form
of a confederation of two sovereign states in the future. The position
of the Transdniestrian side, however, is obviously not in line with the
spirit of the Moscow Memorandum interpretation of territorial integrity
of the Republic of Moldova.
The
Odessa Agreement, unfortunately, has not been fully implemented to this
date either. In particular stipulations referring to the reduction of
check points and peacekeeping posts between Transdniestria and the rest
of Moldova to ensure freedom of movement of persons and goods, as well
as the ones referring to the active contribution to the withdrawal of
excess Russian military equipment, and to the observation and direct protection
of human rights are to this date not honored by the Transdniestrian side.
With
regard to activities in the military field, the OSCE Mission has the status
of observer without the right to vote in the Joint Control Commission
(JCC), a body that observes the situation in the Security Zone established
between the sides. The Mission is putting forth active efforts to help
implement the task of the JCC to promote confidence building, transparency
and mutual trust between the sides. Disappointingly, the JCC mechanism
proved to be inefficient to bring about confidence and mutual trust, as
it works on the basis of consensus, thus giving one side the possibility
to block any decision. As a result, until today the stipulations on the
withdrawal of weapons and armed forces from the Security Zone of the 1992
Agreement on Principles of a Peaceful Settlement of the Armed Conflict
in the Transdniestrian Region of the Republic of Moldova are not fully
implemented.
Moreover,
the Transdniestrian side has so far failed to support measures to improve
transparency, as e.g. the inspection of its unauthorized armed formations
in the Security Zone.
In
December 1999 the Missions mandate was expanded to include the task
to ensure transparency of the removal and destruction of Russian ammunition
and armaments and the coordination of financial and technical assistance
offered to facilitate withdrawal and destruction. An OSCE voluntary fund
to which participating states are contributing was established to help
finance the Russian withdrawal. On behalf of the OSCE, the current Head
of Mission, Ambassador William Hill (USA) has elaborated together with
the responsible Russian authorities a plan for the use of the voluntary
fund. The Head of Mission was further assigned to administer use of the
voluntary fund.
In
the human dimension the OSCE Mission is focusing mainly on human and minority
rights issues, promoting democratization, as well as confidence building
between the sides by civic diplomacy activities.
Main
fields of work in this sphere include:
- handling of individual human rights complaints,
- monitoring the overall human and minority rights situation and development,
- monitoring especially language issues and ethnic relations,
- monitoring post-conflict rehabilitation in the autonomous region of
Gagauzia and its relations with Chisinau,
- promoting democratization and confidence building activities of NGOs,
- cooperating with NGOs, state institutions and other international organizations
in combating trafficking in human beings,
- assessing local and regional elections (for example Gagauzian elections
in 1999, local and Supreme Soviet elections in Transdniestria in 2000),
- cooperating with the OSCE Office for Democratic Institutions and Human
Rights (ODIHR) in observing national elections (e.g. parliamentary elections
in 2001).
The
human dimension is considered to be an important component of the Missions
overall efforts to promote a sustainable political settlement of the Transdniestrian
conflict, given that such a lasting conflict settlement is only possible
in a democratic society where human and minority rights are respected.
While there are still problems in the sphere of human and minority rights
and the democratization process on the right bank of the Dniester, the
observance of human rights and the process of democratization are lagging
behind in the Transdniestrian region, especially with regard to the freedom
of expression, freedom of association, freedom of movement, freedom of
religion, the right to free and fair elections, the right to life and
physical integrity, the right to property, the right to challenge arrest
in the court, the right to education in the mother tongue etc.
*
Note: This article was first published in "Collage" magazine,
Youth Helsinki Citizens' Assembly of Moldova whom autorized CIARI to publish
in this web site. |