Key developments in 2005: In May 2006, Moldova for the first time expressed its views on issues related to Articles 1, 2 and 3 of the Mine Ban Treaty, agreeing with the positions of the ICBL and many States Parties. Moldova announced its intention to destroy in 2006 all 249 mines previously retained for training. Moldova does not consider that territory under its control is mine-affected, but unconfirmed reports indicate that antipersonnel mines may remain in some areas. In 2005, there were 14 civilian casualties caused by unexploded ordnance, including four children killed.
The Republic of Moldova signed the Mine Ban Treaty on 3 December 1997, ratified on 8 September 2000, and the treaty entered into force on 1 March 2001.
Moldova has not enacted any special legal measures to implement the Mine Ban Treaty domestically, but the Criminal Code passed on 18 April 2002 is considered to cover all aspects necessary for adequate implementation of the treaty.[1] Article 227 of the Criminal Code penalizes possession, stocking, procurement, production and selling of firearms, munitions and explosive devices without authorization with five years imprisonment.
Moldova submitted a sixth Article 7 transparency report dated 30 April 2006, covering calendar year 2005.[2]
Moldova did not participate in the Sixth Meeting of States Parties to the Mine Ban Treaty in Zagreb, Croatia in November-December 2005. It attended the intersessional Standing Committee meetings in Geneva in June 2005 and May 2006. At the May meetings, Moldova for the first time expressed its views on key issues of interpretation and implementation related to Articles 1, 2 and 3 of the Mine Ban Treaty. It made strong statements in agreement with the positions of the ICBL and many States Parties. With respect to Article 1 and the issue of joint military operations with non-States Parties, Moldova said, “It is our firm belief that States Parties engaging in military operations with other states of groups of states should not: participate in planning for use of anti-personnel mines; train others to use anti-personnel mines; participate in operations wherein direct military benefit is known by the State Party to be derived from the use of anti-personnel mines; agree to rules of engagement permitting the use of anti-personnel mines; or request others to use anti-personnel mines.”[3]
It also stated, “We are strongly behind the view that Article 1 prohibits the transit of antipersonnel mines across, or the foreign stockpiling of antipersonnel mines on, territory under the jurisdiction or control of a State Party.”[4]
With respect to Article 2, Moldova said, “It is our firm belief that all mines, including anti-vehicle ones, designed to be detonated by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons, do fall within the scope of the Ottawa Convention and are thus prohibited by the Convention. We fully share the view that a mine equipped with a sensitive fuze or sensitive antihandling device, capable of being activated by the unintentional act of a person, should be considered an anti-personnel mine and banned under the Convention, regardless of an attached label possibly calling it an anti-vehicle mine, and of the respective amount of explosives going with it.” It noted that Moldova does not produce or possess antivehicle mines with sensitive fuzes.[5]
With respect to Article 3, Moldova said, “We call on all States Parties to reaffirm the common understanding and to ensure that, if a State Party decides it must retain anti-personnel mines, the number of retained mines should be in the hundreds or thousands or less, and not in the tens of thousands. It is our strong belief that retaining vast quantities would undermine the Convention’s objective of the total elimination of anti-personnel mines.”[6]
Moldova has stated that it has never produced, imported, or exported antipersonnel mines and that it inherited its stocks from the Soviet Union. It destroyed its stockpile of 13,194 antipersonnel mines between 23 September and 26 November 2002, as part of a destruction program managed by the NATO Maintenance and Supply Agency.[7]
In its April 2006 Article 7 report, Moldova listed 249 mines retained for training purposes, the same number as in the previous year. This included 59 OZM-72 mines, 12 MON-50 mines, and 178 MON-100 mines. Moldova stated that the mines were used to prepare military engineering units (22 deminers) for international operations in Iraq, as well as for peacekeeping operations and for training soldiers in mine detection and clearance. The mines are stored at the Bulboaca Training Center.[8] The May 2005 Article 7 report stated, “In the future, 249 remotely controlled anti-personnel mines presently retained...will also be destroyed.”[9]
During the May 2006 intersessional meetings, Moldova confirmed that it will destroy all of its retained mines. It stated that the “Moldovan Government has decided very recently to destroy this year all retained landmines,” and said the destruction will occur between 17 May and 31 July 2006. It noted that “in the immediate future non-conventional training (like antipersonnel mine simulators and other relevant computer programmes) will be used instead....”[10]
During 2004, Moldova destroyed 736 mines it had previously identified as retained for training: 200 PMN mines; 136 PMN-2 mines; and 400 MIA-75 mines.[11] The mines were destroyed during training sessions for deminers being deployed to Iraq.[12]
Moldova is a party to the Convention on Conventional Weapons and its Amended Protocol II on landmines. It was absent from the Seventh Annual Conference of States Parties to Amended Protocol II held on 23 November 2005, and has not submitted an annual national report as required by Article 13.
Moldova remains affected by unexploded ordnance (UXO) from conflicts including World War II and the Transnistrian conflict of 1992.[13] The extent to which it remains contaminated by antipersonnel mines is not known. In its Article 7 report for 2005, Moldova stated that, “There are no mined areas to be reported on the territory under control of the Moldovan Government. No information is available on the existence and location of mined areas in the Transnistria region, which is not controlled currently by the central authorities.”[14]
Landmines are said by the Ministry of Defense to have been used in three areas during the 1992 conflict—Dubasari, Cosnita-Pogrebea and Varnita-Benderi[15] but Moldova reported that it had completed the destruction of all antipersonnel mines in mined areas by August 2000.[16] However, people in some communities within the region affected by the Transnistrian conflict are skeptical about the results of past demining operations and still avoid entering some suspected areas. For example, there are claims by the head of Dubasari district that mines not found by Moldovan deminers remain in a number of wooded areas. Local people are said not to enter these “heavily” wooded areas after several mine-related accidents with animals occurred.[17] There are also suspicions that other areas, not subject to earlier clearance, are contaminated. For example, a number of wooded areas near Malovata Noua village, situated in the so-called Security Zone, are also believed to be affected by mines because of accidents involving animals.[18]
There is no ongoing mine action program and no ongoing clearance operations in Moldova. In 2006, the Ministry of Defense confirmed its joint responsibility with the Ministry of Internal Affairs for any demining in Moldova.[19]
In 2005, the Department of Emergency Situations was placed under the Ministry of Internal Affairs. The Department has 35 territorial units, each of which has an eight-person team that can respond to emergency situations. The teams are usually first to be called by the population and police when a suspicious device is found. They evacuate the population, secure the area and offer medical assistance to victims, if any. If UXO is identified, the team informs Ministry of Defense deminers who then carry out the necessary clearance.[20]
Under Article 5 of the Mine Ban Treaty, Moldova must destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 March 2011. If it is unable to clear antipersonnel mines from mined areas in the Transnistria region, which it does not control, before the deadline, it will be obliged to request an extension of the Article deadline from the other States Parties.
A total of 22 deminers from the Moldovan Army have participated in three demining operations in Iraq. In 2003-2004, there were five deminers in a contingent of 40 military personnel, including soldiers and staff officers; in 2005, there were eight deminers deployed for a second six-month period; on 13 January 2006, nine deminers were deployed for a further six months. In 2003-2004, the first team cleared 5,757 mines and explosive remnants of war (ERW); in 2005, 182,000 mines and ERW were cleared; by March 2006, the clearance personnel deployed in January 2006 had cleared 32,083 mines and ERW.[21]
In 2005, the Department of Emergency Situations reported that UXO incidents caused 14 new civilian casualties: 10 killed (including six children) and four injured in five districts of Moldova: Causeni (five casualties), Ialoveni (three casualties), Anenii Noi (three casualties), Cahul (two casualties) and Ungheni (one casualty).[22] No casualties among military or security personnel were reported. No new UXO casualties were reported as of 1 May 2006.
There is no public information on casualties caused by mines. However, it is known that Moldova has mine survivors from the conflict in the Transnistria region and from peacekeeping missions.[23] The National Union of Independence War Veterans (NUIWV) has a registered membership throughout the Republic, including Transnistria, of approximately 55,000, the majority being veterans of the Transnistrian conflict, at least half of whom are disabled.[24] Numerous veterans’ associations in Moldova have information on their memberships, but since most are affiliated with political organizations, they reportedly cooperate little, complicating the issue of compiling accurate data on both veterans and landmine/UXO casualties.[25] The total number of landmine/UXO casualties in Moldova is not known.
The Red Cross Society of Moldova (RCSM) is the largest organization working with the disabled in the country, including Transnistria. Working through 14 social service centers and 2,000 volunteers to serve a membership of 53,299, program services include assistance to vulnerable populations, mainly in the form of meals, medical care and clothing, and some psychosocial support. In 2005, RCSM provided limited services to 5,281 disabled persons. Although there is no separate classification for landmine/UXO survivors within the disability sector and the Red Cross has no programs specific to survivor assistance, they would be eligible to receive RCSM assistance depending on the nature and extent of disability. However, availability of prosthetics, wheelchairs and other prosthetic devices was limited by funding in 2005, and many requests for such assistance went unfulfilled.[26]
At least 15 international organizations work with the disabled in Moldova.[27] There are more than 40 national organizations working with disabled people, including the Association for Rehabilitation of Disabled through Sports (Associatia de Reabilitare a Invalizilor prin Sport), the Association for Rehabilitation, Social Integration DOWN (Associatia de Reabilitare si Integrare Sociala DOWN), and the Association for Support to Physically Disabled Children (Associatia de Sprijin a Copiilor cu Dizbilitati Fizic).[28]
In April 2000, parliament enacted laws to protect the rights of persons with disabilities and war veterans; however, there are no laws that mandate access to public buildings and few government resources were allocated for training persons with disabilities. The Social Assistance Division in the Ministry of Health and Social Protection and the National Labor Force Agency are responsible for protecting the rights of persons with disabilities.[29] In May 2001, a law was passed to increase social payments for war veterans, persons with disabilities and their families.[30] The National House of Social Assurances of the Republic of Moldova maintains statistics on people with disabilities; there are 164,891 people with disabilities who receive on average MDL3,500 (US$44,101) per year in pensions, which is less than half of the per capita gross domestic product (GDP) for Moldova.[31]
The Transnistria region of Moldova accounts for 11 percent of the territory of Moldova. It declared independence on 2 September 1990 as the Transnistria Moldavan Republic (Pridnestrovskaya Moldavskaya Respublika, PMR), but has not been recognized internationally. Both sides used landmines when fighting broke out between Moldovan and PMR forces in 1992. PMR forces maintain control of the Transnistria region, while a July 1992 cease-fire agreement established a tripartite peacekeeping force comprised of Moldovan, Russian and PMR units; negotiations to resolve the conflict continue. The Russian (Soviet) 14th Army has been based in the Transnistria region since 1956.
Moldova’s April 2006 Article 7 report states, “This report does not provide information concerning anti-personnel mines in the Transnistrian region of the Republic of Moldova, currently controlled by a separatist anti-constitutional entity nor in regard to anti-personnel mines which might be held by the separatist transnistrian armed structures and by the Russian Federation’s troops that are still deployed in the above-mentioned region, without the consent of the Government of the Republic of Moldova.”[32] Moldovan authorities also told Landmine Monitor that they have “no information concerning the implementation of the Convention in the Transnistria region.”[33]
Likewise, the Organization for Security and Cooperation in Europe (OSCE) Mission to Moldova declares to have “no knowledge of any antipersonnel mines which might be held by the armed structures of the de facto Transnistrian authorities.”[34] In addition, the OSCE Mission “does not have full visibility of the current situation regarding the presence of antipersonnel mines in the possession of military units of the Russian Federation deployed on the territory of the Republic of Moldova.”[35]
In May 2006, Russia stated to Landmine Monitor that there are no stockpiles of landmines with Russian forces in the Transnistria region in Moldova.[36] According to information received by the OSCE Mission in May 2005 from the Headquarters of the Operational Group of Russian Forces in Transnistria, a stockpile of 25,423 antipersonnel mines held by Russian forces there were destroyed. The types and quantities of antipersonnel mines reported destroyed were: PMN (8,742); PMN-2 (13,771); POMZ-2 (200); OZM-72 (514); MON-50 (1,768); MON-90 (68); and MON-100 (360). The dates and means of destruction are not known and the process was not verified or financed by the OSCE.[37]
Some sources indicate that landmines have been produced in the Transnistria region: “In spring 1997, the first trial lot of PMD anti-personnel mines in wooden casings (100 units) was produced at the Ribnitsa Metallurgy Factory. Afterwards, manufacturing of anti-tank mines was also started.”[38] Moldovan officials state that Russia provided mines to PMR forces in the past. Moldovan sappers cleared Russian mines following the 1992 conflict, as well as in demining operations in 2000.[39] Moldovan authorities have also on occasion seized mines; most notable was the capture of an arms cache by the Ministry of Interior in Vulcanesti region on 13 November 2002, which included 60 antitank and antipersonnel mines of Russian origin.[40]
The total number of landmine/UXO casualties in the Transnistria region is not known, as information is not publicly available. The Transnistrian authorities reportedly provide full support for the medical rehabilitation and socioeconomic reintegration of war victims,[41] but Landmine Monitor has not been able to confirm this information since it was first reported in 2002.
After the Transnistrian conflict and during the first mine clearance missions in the region (August 1992-January 1993), 10 military casualties were recorded (two killed and eight injured); the survivors reportedly received prostheses. During the same period, 15 civilian casualties were reported (five killed and 10 injured).[42] No information about assistance to civilian survivors could be confirmed. Military personnel injured in Transnistria receive assistance via the Ministry of Defense.
[1] Interview with Victor Moraru, Ministry of Foreign Affairs and European Integration, Chisinau, 10 March 2006. See also Article 7 Report, Form A, report dated 30 April 2006, which states, “Although there is no national legislation specifically related to the Convention, the existing one is sufficient to give effect to the Convention.”
[2] This Article 7 report had not been posted to the relevant UN website as of 30 June 2006. Previous Article 7 reports were submitted on 28 August 2001, 8 April 2002, 17 April 2003, 29 April 2004 and 6 May 2005. The reports submitted in 2004 and 2005 did not utilize the voluntary forms for reporting or specify the reporting period.
[3] Statement on Articles 1 and 2, by Victor Moraru, Standing Committee on General Status and Operation of the Convention, Geneva, 12 May 2006.
[4] Ibid.
[5] Statement on Articles 1 and 2, by Victor Moraru, Standing Committee on General Status and Operation of the Convention, Geneva, 12 May 2006.
[6] Statement on Article 3, by Victor Moraru, Standing Committee on General Status and Operation of the Convention, Geneva, 12 May 2006.
[7] Moldova’s reporting on its stockpiled mines, mines destroyed and mines retained has been very inconsistent; see Landmine Monitor Report 2005, pp. 430-431.
[8] Article 7 Report, Form D, report dated 30 April 2006 (not received by UN as of 1 July). The same information was contained in Letter from the Ministry of Defense to the Institute for Public Policy (Landmine Monitor researcher), 15 March 2006. In its May 2006 intersessional statement, Moldova said from January-April 2006, 38 deminers and 600 soldiers were trained at the Center. The 38 deminers were prepared for participation in peacekeeping and stabilizing missions abroad, including Iraq. Statement on Article 3, by Victor Moraru, Standing Committee on General Status and Operation of the Convention, Geneva, 12 May 2006.
[9] Article 7 Report, para. 6, 6 May 2005.
[10] Statement on Article 3, by Victor Moraru, Standing Committee on General Status and Operation of the Convention, Geneva, 12 May 2006.
[11] Article 7 Report, para. 7, 6 May 2005. In its 2002 report, Moldova indicated it would retain 200 PMN-2 mines and 200 MAI-75 mines. In its 2004 report, it said 136 PMN-2 and 75 MAI-75 were retained.
[12] Letter from the Ministry of Defense to the Institute for Public Policy, 15 March 2006.
[13] See Landmine Monitor Report 2005, pp. 431-432.
[14] Article 7 Report, Form C, report dated 30 April 2006.
[15] Information provided by Iurie Pintea, Project Director (former Head of the Ministry of Defense Military Policy Department), Institute for Public Policy, 15 March 2006; interview with Col. Igor Cutie, Ministry of Defense, Chisinau, 23 March 2006.
[16] See for example, Article 7 Report, para. 3, 6 May 2005.
[17] Interview with Grigore Policinschi, Head of Dubasari district, Cosnita village, 17 March 2006.
[18] Interview with Vitalie Oprea, Mayor of Malovata Noua village, 17 March 2006. The Security Zone, established in 1992 separating the military forces in conflict, is 10 to 20 kilometers wide and about 140 kilometers long, on both sides of the River Nistru. Most of the territory on the left bank of the river, except Malovata Noua and several other villages situated in the Security Zone, is controlled by the Transnistrian authorities.
[19] Letter from the Ministry of Defense to the Institute for Public Policy, 15 March 2006; Landmine Monitor Report 2005, pp. 431-432.
[20] Interview with Col. Tudor Vasilcov, Deputy Head, Department of Emergency Situations, at the Institute for Public Policy, Chisinau, 10 March 2006.
[21] Letter from the Ministry of Defense to the Institute for Public Policy, 15 March 2006.
[22] Interview with Col. Tudor Vasilcov, Institute for Public Policy, Chisinau, 10 March 2006. Col. Vasilcov also said that there were four UXO casualties in Moldova between 2001 and 2004.
[23] See Landmine Monitor Report 2005, p. 432.
[24] Institute for Public Policy interview with Eduard Maican, Chairperson, National Union of Independence War Veterans, Chisinau, 16 March 2006.
[25] Interview with Eduard Maican, National Union of Independence War Veterans, Chisinau, 16 March 2006.
[26] Interview with Nina Lungu, Program Director, RCSM, Chisinau, 10 March 2006.
[27] Mobility International USA, www.miusa.org, accessed 1 May 2006.
[28] Email from Angela Cojocaru, volunteer psychologist, Center for Tolerance and Pluralism Principles’ Promotion, Chisinau, 2 May 2006; see also http://retea-social.md.
[29] US Department of State, “Country Reports on Human Rights Practices-2005: Moldova,” Washington DC, 8 March 2006.
[30] See Landmine Monitor Report 2005, p. 432.
[31] UN Statistics Division, “Per Capita GDP in U.S. Dollars,” available at unstats.un.org. The per capita GDP for Moldova in 2004 was $627.60. Average exchange rate for 2005: MDL1 = $12.6003. National Bank of Moldova, “Average rates for period 01/01/2005-12/31/2005,” www.bnm.org.
[32] Article 7 Report, title page, report dated 30 April 2006. Similar language was used in Moldova’s April 2004 Article 7 report.
[33] Interview with Victor Moraru, Ministry of Foreign Affairs and European Integration, and Col. Igor Cutie, Ministry of Defense, Chisinau, 15 March 2006.
[34] Letter from Kenneth Pickles, Deputy Head, OSCE Mission to Moldova, Chisinau, 31 March 2006.
[35] Letter from Kenneth Pickles, OSCE Mission to Moldova, Chisinau, 31 March 2006.
[36] Letter from the Russian Embassy in Chisinau, Letter No. 282, to Ana Rudico, Institute for Public Policy, Landmine Monitor Researcher, 18 May 2006.
[37] Letter from Kenneth Pickles, OSCE Mission to Moldova, Chisinau, 31 March 2006.
[38] Iurie Pintea, “Aspects of the Transnistrean Conflict,” Research Report, Institute for Public Policy, March 2001, p.125. The author was first given this information by a former high-ranking military officer. Other sources since then include police officials and media reports. See for example, “Moldovan Report Claims that Transnistria is Manufacturing Weapons,” Basa-Press, 4 December 2002, www.azi.md. This article cites a report by the Moldovan government to the OSCE claiming production of PND antipersonnel mines.
[39] Interview with Col. Igor Cutie, Ministry of Defense, Chisinau, 15 March 2006.
[40] Interview with Col. Victor Cebotaru, Ministry of Interior, Chisinau, 23 May 2006.
[41] See Landmine Monitor Report 2002, p. 351.
[42] Letter from Col. Igor Cutie, Ministry of Defense, 10 March 2006.