Legislative and normative basis.

According to the Constitution of the Republic of Moldova “all citizens of the Republic of Moldova are equal in front of the law and authorities, independently of race, nationality, ethnic origins, language, religion, gender, views, political belongings, property status and social origins” (The Constitution of the Republic of Moldova, 1994, page 16 item 2).

Law regarding state service (Law regarding state service, № 443-XII from 4 May 1995, page 4 (f)) read as follows, one of the principles of state service is creation to all citizens of equal opportunities for occupation of state posts in accordance with their abilities and professional preparedness. In accordance with article 39 of the Constitution citizens of the Republic of Moldova has right to participate at the governance of public affairs both in person and through their representatives, the access to the state service is assured to every citizen.  The possibility of participation at the public affairs is fixed by the provisions of article 38 of the Constitution, according to which citizens of the Republic of Moldova has right to elect and to be elected.

Law regarding the parties and other social – political organizations (Law regarding the parties and other social-political organizations, № 718-XII from 17 September 1991) regulates the obligations of parties and other social – political organizations to provide the principle of equality of women and men at the all levels of government bodies.

Thus, it is determined that generally the legislation of the republic of Moldova is corresponding to the international standards. At the same time, in the frame of gender analysis of legislation of the Republic of Moldova, which was done with support of the UNIFEM project (UN Developing Fund for Women) “Promotion of gender equality through legislation” under supervision of the Ministry of Labor and Social Protection, the gaps of normative character were identified, as well as gaps regarding the observance of these norms and sanctions implementation. It was mentioned that existed legislation doesn’t contain the definitions of gender equality, gender discrimination, and sexual harassment, what leads to the limitation of possibility of complete realization of human rights. The necessity in creation of proper infrastructure, which together with other factors would play an important role in provision of effective implementation of the legislation in this domain, was also pointed out (Look: Gender analysis of legislation of the Republic of Moldova, Chisinau, 2004, page 46-48).

At the result, experts arrived to the conclusion about the necessity of elaboration and adoption of draft of the law on assurance of equal opportunities for women and men in the Republic of Moldova. The draft law on assurance of equal opportunities for women and men in the Republic of Moldova was prepared with support of the UNIFEM project. It should to be also mentioned that in the National Plan of actions in the field of human rights for the period 2004 – 2008 years it is foreseen establishment of mechanisms for insurance of equality between women and men in the governance structures and executive bodies at all levels (Look: National Plan of Actions in the field of human rights for the period 2004-2008 years, page 52).

On February 2006 the Parliament of Republic of Moldova adopted the Law on ensuring equal opportunities for women and men (Nr. 5-XVI as of 09.02.2006).

Positives aspects:

• Adoption of the Law represents the important step of the Parliament and Government activity.
• Law stipulates main notions: gender mainstreaming, gender discrimination, gender equality, sexual harassment, positives actions etc.
• Law stipulates the Institutional Framework:Law stipulates the Institutional Framework:
1. Governmental Commission for gender equality;
2. The central public authority empowered to elaborate and promote policies in the field of gender equality is the Ministry of Health and Social Protection (specialized Direction on Equal Opportunities and Family Policies);
3. Gender focal Points within ministries and other central administration authorities;
4. Gender Focal Points within local public administration authorities.

• The Law does not include quota (the Draft had 30% quota of gender  representative in the electoral lists)The Law does not include quota (the Draft had 30% quota of gender  representative in the electoral lists).
• Insufficiency of qualified human resources.
• Insufficiency of financial resources (the 2006 budget includes only salary for 3 persons from Direction on Equal Opportunities and Family Policies).
• The Law does not stipulate Ombudsmen on gender equality function.
• The Law does not include the mechanism of sanction for gender based discrimination.
• The document has a formal and declarative character.

Expressing legally in the Republic of Moldova both women and men has equal rights for participation at the public life and in particular in political life of the country. At the same time, a considerable disproportion exists between the legitimacy of rights and the reality of equal opportunities.

In spite of the “de jure” existence of equality in rights, power distribution and responsibilities between men and women and their access to the economic and social resources remain unequal. Women in Moldova are insufficiently represented at the level of positions, where the key decisions are made regarding the economic and social development of the country, while they constitute more then half of population of the country (50 %) and more then 60 years are involved in labor market on a parity base. The low level of women participation at the governance positions is marked both at the national and local levels. Often it happens because of existed traditional concepts regarding the distribution of gender roles, lack of faith of women on their won forces, burden of family responsibilities.

Assurance of equal opportunities for women and men in political sphere.

Analysis of situation in the country permits to identify both the progress and existed gaps. For example, according to the statistics on 1 January 2003, the number of state officials made up 29, 4 thousand of people (table 1). Among state officials men constitute the considerable majority, while women constitute only 43, 94%. At the category of state officials of I rank there are only 9 women from the total number of 69 people having such rank. At the categories of state officials of II and III rank women constitute the majority. For example, 2579 of women from the total number 4609 of people have II rank, and 7649 women from the total number 10792 of people have III rank. The numbers of state officials who have qualification grades, established by special legislative acts, constitute 12926 of people where the number of women is five times smaller then of men (2603).

Table 1. Number of state officials

Following the local elections in 1999 from 851 mayors, women constituted only 10, 9% (93 women), at the same time among the secretaries of city halls they constituted – 73% (table 2).

Table 2. The number of women elected at the local elections

The second phase of the project “Women can do it” was realized during the period January 2002 – April 2003. In the frame of the project 1580 women had been trained on the issues of preparedness and inclusion in political life, participation in local elections (This project was implemented by the Political club 50/50 with support from the Stability Pact for South-Eastern Europe, Canadian Agency of Development, Intergovernmental Agency Francophone and under coordination by the Ministry of Labour and Social Protection.). Mentioned actions have contributed to the more active inclusion of women in local elections. In public elections in May 2003 the 664643 of women have participated at the voting, what constituted 58,3% from the total number. According to the results of local elections from 2003 year the 138 women or 15, 4% were elected for the position of mayor from total number of 898 city halls. Only one woman or 3.1% was elected to the position of chairman of rayon executive committee from 32 rayons.

In May 2005 in the Government at the decision making positions there were: 2 women ministers (Ministry of Justice and Ministry of Finance) from the total number of 15 people; 2 women – heads of central administrative bodies from total number of 13 people; one woman at the position of first deputy minister (Ministry of Foreign Affairs and European Integration).

In March 2007 in the Government are: 1 woman depute prim-ministry, 1 woman ministry (Ministry of Social Protection, Family and Child). Heads of Supreme Court, Interethnic Bureau, and Customs Service are women.

In November 2006 at the parliament of the country the distribution of members of the parliament by gender is the following: from the total number of 103 members of the parliament there were 22 women (21, 3%) and 81 men.

Thus, it is determined that in spite of some progresses in comparison with preceding years in Moldova women are not sufficiently presented at the positions of decision making.

Political parties at the parliamentary elections in 2005.

On the base of abovementioned a special interest in gender perspectives presents analysis of parliamentary election from the April 2005.

According to the statistics (www.alegeri.2005.md) 1061 of candidates have been registered for the participation at the electoral campaign of 2005 and pretended to the 101 sits at the parliament of the country. From 1061 of candidates there were 304 women, what constituted 28, 4%. From 12 independent candidates were only 2 women (16, 6%).

For comparison: at the electoral campaign of 2001 were registered 1651 of candidates including 294 women (17, 8%). From 10 independent candidates there was only one woman (10%).

For participation at the elections in 1998 year a total number 1374 of candidates were registered, including 209 women (15, 35%). From 60 independent candidates there were only 6 women (10%).

At the same time an analysis of women’s allocation in the electoral lists is needed:

It is marked that in 1998 in electoral lists from the 1 till 10 positions were only 11 women (appendix 1). In 2001 in electoral lists from the 1 till 10 positions again were only 11 women (appendix 2). In 2005 in the electoral lists from 1 till 10 positions was stated a double increasing of women participation – 25 women (appendix 3).

If in 1998 from 15 parties, competitors in elections, 8 permitted to not include at all any women in first 10 positions of the electoral list, the same situation was in 2001, where among 17 competitors in elections 8 didn’t include women in first 10 positions in the electoral list, though in 2005 some considerable changes are observing – in first 10 candidates were 25 women.

The analysis of lists of parties which participated at the electoral parliamentarian campaign in 2005 discovers the following situation:

The highest level of women representation in electoral lists is observed in Republican Party of Moldova (RPM) – 57 people, from which 30 – women (52,6%), in Christian Democratic Popular Party (CDPP) from 103 candidates for the post of members of the parliament 52 were women (50,45%), then goes the Republican Public-Political Movement “ Equality” (RPPME) – from 69 candidates 29 were women (42,0%). As for the rest the electoral lists were composed mostly by men-candidates:  Social-Democratic Party of Moldova (SDPM) proposed the list of 103 of people from which only 24 were women (23, 3%), the Electoral Bloc “Patria-Rodina” (EBPR) proposed list of 100 candidates where only 25 were women (25,0%), Electoral Bloc “Democratic Moldova” (BDM) from 103 candidates proposed only 24 women (23,3%). Peasant Christian Democratic Party (PCDP) proposed 103 candidates from which were only 12 women (11,6%), Union of Labor Party “ Partia-Rodina” (PULPR) among 100 candidates allotted 39 sits for women (39,%). In the electoral lists of Party of Social Economic Justice of Moldova (PSEJM) were proposed 103 candidates from where 27 were women (26, 2%). The Communist Party of the Republic of Moldova (CPRM) proposed from 103 of candidates 24 women (23, 3%). From 24 women candidates 7 already have been members of the preceding parliament.

Analyzing the electoral list of Bloc “Democratic Moldova” become evident the fact that two members of this electoral Bloc – Democratic Party of Moldova” (DPM) and Social Liberal Party (SLP) have fulfilled the norms fixed in statutes referring 30% quota of gender representation in the electoral lists.

Unexpected but, long-waited factor of electoral campaign of 2005, from the gender point of view, was the decision of CDPP to form the candidates list with the presentation 50/50 on the “zipper” principle (1 men, 1 women), what influenced on the other electoral competitors to be more attentive in lists composition.

At the top of candidates’ lists for the position of member of the Parliament of the Republic of Moldova was only one woman – Ms. Galina Hortolomei, leader of the Republican Party. At the same time in spite of the fact that the leader of party was women and it could be logic if she presents party on TV, radio debates, it didn’t happened, the party mainly was presented by men.

It has to be mentioned that, unfortunately, the pre-electoral programs of the most electoral competitors doesn’t contain the provisions regarding the gender equality. Only in pre-electoral program of BDM is fixed the following: “Will guarantee equal opportunities job placement, in remuneration and promotion of women to the leading positions. The free of charge courses for upgrading of qualification will be organized from the unemployment payments budget for women, returning from maternity leave.”

The role of civil society in promotion of gender equality on political level.

Changes which happened in the field of activities of political parties, in fact presents the result of long-term work and were formed under the influence of many factors: activity of NGOs in this field, large illumination of the subject, gradual consolidation of women movement, support from the international organizations, commitments fixed in international documents signed by the Republic of Moldova.

A separate place among different factors, which contributed to the change of attitude toward the gender equality issue and as the result of following increasing of women presentation in lists of candidates has to be given to the UNIFEM project “Promotion of equal rights and opportunities through gender legislation”. All activities undertaken in the frame of the project during the two years (information campaign, meetings with members of the parliament, political leaders, leaders of NGOs, undertaken of gender analysis of legislation, etc.) were oriented towards promotion of principle of gender equality in society.

Should be noticed also the role of projects “Women can do it”, Program of Leaders Forming, (UNDP, Moldova), which contributed to the sensibility of politicians on this domain and for the active training of women for participation in politics.

Separately should be underlined the special meeting of Ms. Sonia Lokkar, Chief of Gender Task Force, Stability Pact for South-Eastern Europe,  with leaders of different political parties, which contributed to their sensibility on the gender equality matters, especially in introduction of  quota in formation of electoral lists.

Representatives of women nongovernmental organizations has initiated a signing of special agreement with leaders of political parties regarding the assurance of representation of each gender in proportion not less then 30% in electoral lists.  However, in this circumstance the results were not so considerable because: a range of leaders simple kept away from this procedure, other leaders were impossible to reach in spite of all efforts of CPRM, others rejected it (CDPP), some of them just remains in the shadow. Some leaders has signed the agreement and fulfill it (DPM and SLM in the frame of BDM), but the others signed and didn’t fulfill it (UCМ included in the list only 14 women or 13, 6%).

Generally, the tendency of allocation of more places for women in electoral lists could be observed in comparison with precedent period, but not all parties had provided the equal opportunities for women to be at the same level with men in this field.

Summary:

1. In 2005 in the Republic of Moldova is recorded growth on more then 10% - numbers of women – candidates, and accordingly increasing of number of women members of the parliament.

Table 3. Number of women elected during the parliamentary elections

2. It could be stated that this change was not made by chance. On the one hand, this is the result of slow change of the mentality of political leaders (often forced), on the other hand – result of more effective influence of NGO activities and of international organizations.

3. As a result of the measures, undertaken by political parties and by other public-political associations / unions, the representation of women in supreme structures of power has increased in comparison with precedent convocation. At the same time the sensibility of politicians, high level officials, promotion of women to the governance positions remains an important object of society development in its way for democratization.

4. One of the important objectives of foreign policy of the Republic of Moldova is joining the European Union. In this aspect the Government and Parliament, leaders of political parties should take into account the requests made by the European Union toward the countries candidates for joining - adoption of legislation referring the gender equality as one of the important condition in protection and realization of human rights. In the Recommendation Rec (2003)3 of Ministers Committee of European Council to the countries – members is fixed that balanced participation of women and men in the process of decision making in the filed of politics, social life is necessary for strengthening and building of Europe, which base constitute principles of equality, social solidarity and observance of human rights (Recommendation (203)3 Committee of Ministers of state – members, Council of Europe).

Achievements:

As a result of actions taken by the government and civil society and international organization representatives the following was achieved:

• Adoption of the Law regarding the assurance of Equal Opportunities for Women and MenAdoption of the Law regarding the assurance of Equal Opportunities for Women and Men.
• Adoption of National Action Plan addressed to gender equality issues.
• Establishment of some structure of Gender National Machinery.
• In 2005 in the Republic of Moldova was recorded growth on more then 10% - numbers of women – candidates, and accordingly increasing of number of Women MPs. (from 15,8%% to 21,7%-2006).
• Some political Parties stipulated the quota of min. 30% gender representative's on decision making positions and electoral lists.
• Establishment of dialog among Parliament / Government and civil society.

• Lack of Gender Mainstreaming Strategy.
• Insufficiency of human resources.
• Insufficiency of financial resources.
• Insufficiency of women representations' in decision making process.
• Gender insensitivity of some political leaders, Governmental representatives, Members of Parliament (men and women).
• Weakness of Women NGOs’ movement as a political force.
• Insufficiency of gender awareness of population.
• Maintains of patriarchal stereotypes regarding the status/roles of women and men in public and private life.

• To elaborate of Gender Mainstreaming Strategy.
• To establish of efficient institutional mechanism.
• To introduce of special temporary measures or quotas to assure for women the possibilities for participation at the same level with men in political processes.
• To create of friendship environment towards women on governance level (including balanced distribution of family responsibilities, and combination of parental and public roles).
• To train women on political practice issues, knowledge development, abilities of negotiations, management, electoral system, creation of communication networks, etc.
• To train men-politicians in the same issues, especially in the matters of gender equality issues.
• To promote of successful models of women in the decision making positions or in other spheres.

Valentina Bodrug-Lungu, National Expert in gender issues, President of “Gender-Center”