A/HRC/19/60/Add.2
17.
The Criminal Code contains several provisions relating to freedom of religion or
belief, in particular article 346, on deliberate actions aimed at inciting national, racial or
religious hostility or discord, and article 222, on the profanation of graves. According to
article 77 of the Criminal Code, the commission of a crime based on religious hatred should
be regarded as aggravating circumstances when determining punishment. Several other
articles relating to specific crimes foresee more severe penalties for crimes committed with
a motivation of religious hatred. This legal framework is complemented by article 54 of the
Code on Administrative Offences dedicated to the infringement of the legislation on
religious denominations.
18.
The Republic of Moldova has adopted a national human rights plan of action for the
period 2010-2014. While the plan contains a general commitment to promote and protect
human rights, it does not contain any specific reference to freedom of religion or belief.
Insofar as the plan includes provisions for its amendment following the universal periodic
review, the Special Rapporteur expects that the missing elements of freedom of religion or
belief can now be included and recommends that explicit measures in this regard be taken
up in the revised plan.
19.
Regarding the Transnistrian region of the Republic of Moldova, the “authorities”
have proclaimed their adherence to the main international human rights treaties. The legal
framework in this region also includes a new series of rules relating to religious issues that
were adopted in 2009 which set out, inter alia, additional requirements for the registration
of religious organizations, including re-registration. In particular, these new rules establish
a probation period of 10 years for religious communities, from the date of initial
registration during which the communities are barred from various forms of public
communication, including the distribution of religious documents or appearances in the
media. The apparent intent of these rules is to ensure that the religious community is “loyal
to society” and “to prevent extremism” (according to an “official”). These new rules strike
at the heart of the right to freedom of religion or belief, and have a fundamentally chilling
effect on the exercise of other rights, such as freedom of opinion and expression.
Furthermore, according to the new rules, the “Ministry of Justice” is responsible for
registration issues, and may conduct a religious assessment of religious communities, which
can further delay the registration process.
IV. Religious demography
20.
According to the most recent report on the Republic of Moldova submitted under the
Council of Europe Framework Convention for the Protection of National Minorities, the
2004 census showed that 93.3 per cent of Moldovans declared themselves to be Orthodox
Christians, one per cent were Baptists, 0.4 per cent were Seventh-Day Adventists, 0.3 per
cent were Jehovah’s Witnesses, 0.15 per cent were Russian Orthodox Old Rite Believers
and 0.15 per cent were Evangelists. The report also found that 1.1 per cent of the population
belonged to other religious communities, including 4,645 Catholics, 700 Muslims and
1,667 Jews.6 Some interlocutors encountered during the Special Rapporteur’s mission were
sceptical that Orthodoxy in fact accounted for such a large percentage of the general public.
Civil society organizations reported that, in general, people declaring no religious affiliation
may be registered as Orthodox for official purposes unless they explicitly request
otherwise.
6
Third report submitted by Moldova pursuant to article 25, paragraph 2 of the Framework Convention
for the Protection of National Minorities (ACFC/SR/III(2009)001), 24 February 2009, p. 25.
7