The Ministry of Foreign Affairs shares a memorandum handed over to the Political Representative of the Pridnestrovian Republic, O. Serebrian, as well as to mediators and observers in the negotiation process during a meeting at the OSCE Mission Office in Bendery on November 19 of this year.
Summary of Moldova’s Violations of Pridnestrovian Rights under International Law
For many years, the Republic of Moldova has been implementing a policy of unreasonable restrictions and discrimination against residents and legal entities amid the unsettled conflict between Pridnestrovie and Moldova. 2019 onwards, Chisinau’s blocking of international negotiations in the ‘5+2’ format – a competitive and equal dialogue mechanism – under artificial pretexts has reasonably narrowed the space for constructive decision-making. Moldova exploits its monopoly on international communication to justify repressive measures and exert pressure on Pridnestrovie, often cloaking its actions in rhetoric about European integration and peaceful objectives.
Although Moldova frequently invokes its aspirations for European Union integration, it justifies restrictive blockade measures as compliance with EU legislation. In fact, Moldova objectively violates its legal obligations undertaken internationally by taking inhumane actions against residents and entities of the Pridnestrovian Moldavian Republic.
Hereinafter it presents the most pressing cases of rights and freedoms violations suffered by Pridnestrovian residents, as perpetrated by the Moldovan side, in the context of the international legal documents to which the Republic of Moldova is a party.
1. Violations of socioeconomic rights
Since 1 January 2024, Moldova, in violation of the international agreements previously reached within the negotiating process, has established an illegitimate requirement to pay customs duties on imports and exports of Pridnestrovian economic operators. This destructive action resulted in inflation, a decline in trade and a decrease in business activities, complicating the fulfilment of the state’s social obligations to residents in Pridnestrovie.
The Republic of Moldova violates in thus way the commitments undertaken in 2001 during the accession to the World Trade Organisation (WTO), which central principle is setting non-discriminatory conditions for international trade. In particular, the steps of the Republic of Moldova contradict the provisions of the Marrakesh Agreement Establishing the WTO, paragraph 2 of the Marrakesh Declaration dated 15 April 1994, as well as Article V of the General Agreement on Tariffs and Trade (GATT).
Thus, the preamble to the Marrakesh Agreement Establishing the WTO states that relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, while paragraph 2 of the Marrakesh Declaration reflects the widespread desire to operate in a fairer and more open multilateral trading system for the benefit and welfare of their peoples.
According to Article V of the GATT, there shall be freedom of transit through the territory of each contracting party, via the routes most convenient for international transit, regardless of the origin of the transport means, its departure and destination.
As a party to bilateral and multilateral agreements on the abolition of double taxation, Moldova violates trade obligations with individual countries and with international organizations.
Restrictive actions of the Republic of Moldova are contrary to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, on the one side, and the Republic of Moldova, on the other side.
Within the current deep and comprehensive free trade area Pridnestrovian exporters were granted the right of duty-free trade with the EU, but Moldova has deprived Pridnestrovie of it. The agreement between Pridnestrovie and the EU on facilitation of mutual trade is violated.
For instance, Article 147(1) of the Association Agreement states that each Party shall reduce or abolish customs duties on goods originating from the other Party.
As a result of the Moldovan destructive steps, restricting foreign economic activity of Pridnestrovie, Pridnestrovian economy further suffers grave losses. According to the State Customs Committee of Pridnestrovie, the republican budget received 409 million roubles in customs payments in 6M 2024, which is 32 million (or 7 per cent) less than in the same period of 2023.
The adverse effect of the duties introduction by the Republic of Moldova was multiplied by the ongoing banking ban, which resulted in disability of Pridnestrovian economic operators to open accounts in Moldovan banks and, consequently, duty-free trade via Moldova with foreign countries.
Furthermore, the correspondent settlements of Pridnestrovian commercial banks with foreign banks are blocked. Current accounts of Pridnestrovian companies are not serviced in Moldovan banks and new accounts are not opened. Chisinau refuses to convert Moldovan lei received by Pridnestrovie into stable currencies, and has also restricted the acquiring of international credit cards on Pridnestrovian territory since 2019.
The above actions of the Republic of Moldova contradict Article 23 of the Universal Declaration of Human Rights, which affirms that everyone has the right to work, to free choice of employment, to just and favourable conditions of work. They also violate Article 6 of the International Covenant on Economic, Social and Cultural Rights, which recognizes the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses.
Over the past five years, imports of food, medicines, and computer equipment to Pridnestrovie have often been banned or temporarily blocked, together with financial demands. In particular, as of 2024, these cases are justified by the so-called ‘Extended Producer Responsibility’, which implies payments in favour of relevant associations in Moldova for the alleged costs of subsequent disposal of the packaging of imported products. The introduction of such requirements is a nonsense, as the relevant recycling activities are carried out on the territory of the Pridnestrovian Moldavian Republic.
In this context, the ‘polluter pays’ fundamental principle of the EU environmental policy is relevant, as outlined in European Parliament and Council Directive 94/62/EC of 20 December 1994 on Packaging and Packaging Waste. Moreover, the Directive stipulates that packaging and packaging waste management systems must be designed to avoid discrimination against imported products, distortion of competition, and trade barriers.
Blocking the export of products from Pridnestrovian industrial enterprises by Moldova is an extremely pressing issue. It relates to Moldavizolit, Potentsial, and Electromash. Moldova uses the pretext of classifying them as ‘dual-use goods’. As a result of these targeted restrictive measures with political undertones, these enterprises were forced to suspend operations, causing harm to their workers, their families, and the economy as a whole. In total, approximately 1,500 people were left without livelihood.
Moldova’s ban of exports and, consequently, the regular operation of Pridnestrovian industrial enterprises violates Article 23 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Economic, Social and Cultural Rights, as well as the commitments of all parties under the document ‘Facilitation of Trade with the European Union - Implementing Measures’.
The restrictive measures imposed by Moldova also affect the operations of a Pridnestrovian key budget-generating enterprises – Moldova Steel Works.
In particular, the Moldovan authorities are taking steps to regulate the scrap metal procurement market, prohibiting the Pridnestrovian enterprise from purchasing raw materials in Moldova and other countries at competitive prices. They also require all scrap metal supplies to go exclusively through the intermediary company Metalferos, which holds a monopoly position.
The outlined monopolistic actions of Moldova are arbitrary and entirely inconsistent with European practices, particularly Article 3 of the Treaty Establishing the European Community, which ensures that competition within the EU internal market is not distorted, and Article 102 of the Treaty on the Functioning of the European Union, which prohibits an abuse by one or more undertakings of a dominant position within the internal market.
2. Violations of personal security and freedom of movement
In February 2023, Moldova’s criminal legislation was amended, putting every resident of Pridnestrovie at risk of prosecution.
In particular, amendments to Moldova’s Criminal Code included new provisions concerning concepts such as ‘unconstitutional entity’, ‘illegal information structure’, ‘establishment of an illegal information institution’ (punitive by 7 to 10 years of imprisonment), ‘conspiracy against the Republic of Moldova’ (2 to 7 years of imprisonment), ‘illegal collection of information’ (2 to 5 years of imprisonment), ‘separatism’ (2 to 6 years of imprisonment), etc.
It is obvious that the Moldovan authorities refer ‘unconstitutional entity’ to the authorities of Pridnestrovie, and ‘illegal information institution’ to the security agency of Pridnestrovie. Moreover, Security and Intelligence Service of Moldova (the initiator of the amendments) publicly acknowledged that the draft law is aimed against the ‘quasi-institutions of power, such as the government and parliament’ of Pridnestrovie.
De facto, Chisinau has established a legal framework and expanded the instruments for criminal prosecution and intimidation of the population of Pridnestrovie. The articles that impose criminal responsibility for separatism could apply to both officials and organizations, as well as nationals of the Pridnestrovian Moldavian Republic.
The amendments criminalizing ‘separatism’ have received negative assessments from the international community. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), in its comment on the Moldovan amendments, noted their vague nature and the potential for arbitrary application, which could restrict freedom of speech.
Overall, the ODIHR document follows the logic that the pursuance of separation and independent existence is legal as long as it does not cross the line of violence. In the case of Pridnestrovie, which has been engaged in negotiations for over 30 years and consistently declares its commitment to exclusively peaceful, diplomatic methods of resolution, there can be no talk of ‘crossing the line of violence’.
In the context of considering universal rules of international law, it should be noted that the above amendments to the Criminal Code of Moldova directly contradict the Declaration on Principles of International Law, the nature of the Universal Declaration of Human Rights, and the UN Charter.
The adoption of the so-called ‘separatism law’ in Moldova has negatively impacted the negotiation process. In practice, negotiation rounds at all levels have been blocked on Moldovan territory. Pridnestrovian officials participating in the dialogue are now under threat of sanctions and criminal prosecution. The Pridnestrovian delegation is at risk of being arrested while visiting Chisinau to attend a meeting of political representatives or expert (working) groups.
In this regard, the Republic of Moldova is violating the agreements reached under the OSCE mediation: the Principles and Procedures for the Conduct of Negotiation, the Joint Regulations for Expert (Working) Groups on Confidence-Building Measures and the Development of Interaction, as well as the 2019 ‘gentlemen’s agreement’ concluded under the guarantees of the OSCE HoM.
In addition, in June 2024, Moldova introduced legislative changes regarding so-called ‘treason’, which expand the dangers posed by the previously mentioned amendments to the criminal code and could further exacerbate the situation in the negotiation process.
In violation of the provisions of the 2014 Protocol Decision on Certain Aspects of Freedom of Movement and the 2019 ‘gentlemen’s agreement’, Moldova continues to exert pressure on the Pridnestrovians through delays, so-called ‘second line’ enhanced checks, and interrogations during border control at Chisinau International Airport. Moreover, there have already been cases where Pridnestrovians were deported for completely weak reasons.
On December 19, 2023, Pridnestrovian national Aleksandr Navarich, returning with his family from abroad, was stopped at Chisinau Airport and, under a formal pretext, was denied entry to Moldova. As a result, A. Navarich was separated from his close relatives and forced to wander for an extended period, waiting for the opportunity to return home.
A similar incident took place on January 22, 2024, when the RM law enforcement deported Anna Mamei, a Pridnestrovian national and Chair of Tiraspol City Court, as she was returning home to Pridnestrovie.
Moldova took these blatantly inhumane actions in violation of paragraph 1 of Article 13 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of movement and residence within the borders of each State”, as well as Article 9 of the Convention on the Rights of the Child: “State parties shall ensure that a child shall not be separated from his or her parents against their will”.
Due to the unconstructive behaviour of the Republic of Moldova, Pridnestrovian drivers are deprived of the opportunity to fully participate in international road traffic. One of the reasons is that the Moldovan authorities have sent requests to foreign states urging them not to recognize Pridnestrovian driver’s licenses, vehicle registration certificates, and license plates as valid. Moreover, since September 2018, Moldova has begun denying all holders of driver’s licenses issued in Pridnestrovie the right to travel abroad.
It is worth noting that the driver’s licenses issued by the state authorities of the Pridnestrovian Moldavian Republic fully comply with the standards established by the 1968 Vienna Convention on Road Traffic, and their design was agreed upon with the Moldovan side.
These actions by Moldova are contrary to Article 41 of the above Convention, which states that the contracting parties shall recognize as valid on their territory any international driving permit that complies with the provisions of this Convention.
At the same time, the Moldovan authorities have announced plans to introduce a ban on vehicles with Pridnestrovian registration plates from using the country’s roads. This issue remains unresolved, and the tentative term for the implementation of additional restrictions is 2026.
The above Moldovan intentions could further restrict the freedom of movement of Pridnestrovians, which is guaranteed by the Vienna Convention on Road Traffic and the Universal Declaration of Human Rights.
3. Provoking issues of a general legal and humanitarian nature
Since 2022, the Republic of Moldova, taking advantage of the situation where the border between Pridnestrovie and Ukraine is closed and the only route to the PMR is transit through Moldovan territory, has raised artificial barriers to the import of food, medicines, veterinary products, plant protection agents, and equipment into Pridnestrovie.
Supplies of medicines not included in the Moldovan register of pharmaceuticals have been halted, and the work, which had been ongoing since 2018, to verify and update the registers of essential medicines in Pridnestrovie and Moldova was completely stopped at the initiative of the Moldovan side.
After the introduction of unjustified customs duties by Moldova, the import of medical supplies by intermediaries became possible only upon payment of fees. This significantly reduced the ability to find the most optimal price offers in foreign markets. In the case of purchasing medicines in Moldova, the mark-up on the product for the end consumer is at least 15%, which reduces the accessibility of medicines for socially vulnerable groups.
To this day, Pridnestrovie is forced to import almost all pharmaceutical products from the Republic of Moldova and the European Union. Taking into account customs duties, VAT, market prices, and other mark-ups, this has led to a significant increase in the cost of medicines (on average, by 80% over two years). At the same time, a number of traditional medications produced by pharmaceutical companies outside the European Union have disappeared from the market.
A similar issue has occurred with importing medical equipment into Pridnestrovie. Since 2022, all equipment and parts can only be imported through Moldova. This has caused several problems:
- the CT-machine at the national neurological hospital was out of service for six months in 2023;
- delay in relevant updates of equipment in the radiology office of the tuberculosis ward at the Republican Clinical Hospital, with repairs now postponed until nearly the end of 2024.
- interruptions in X-ray diagnostics in several hospitals.
By blocking medical supplies to Pridnestrovie, Moldova disregards the principles of the World Health Organization: recognizing the highest attainable standard of health as one of the fundamental rights of every person, without distinction of race, religion, political beliefs, economic or social status; recognizing the health of all peoples as a key factor in achieving peace and security; and the need to ensure that all peoples have access to the benefits of medical advancements.
Furthermore, Moldova’s actions contradict paragraph 1 of Article 25 of the Universal Declaration of Human Rights, which guarantees every person the right to an adequate standard of living, including medical care, necessary for the health and well-being of themselves and their family; Article 12 of the International Covenant on Economic, Social and Cultural Rights, which guarantees every person the right to the highest attainable standard of physical and mental health; and Article 25 of the Convention on the Rights of Persons with Disabilities, which states that persons with disabilities have the right to the highest attainable standard of health.
The Republic of Moldova is laying the groundwork for a new ‘phone war’ with Pridnestrovie. During the first round of electronic confrontation in 2003, the Moldovan authorities decided to allocate frequencies to their telecom operators that were previously used by Pridnestrovian mobile network. It has resulted in mutual signal jamming.
The situation was set to repeat by 2016-2017, when both sides transitioned to VoLTE technology. There was a risk of interference, which could prevent users from quality mobile communication. To prevent this risk, the parties signed a Protocol Decision “On Measures for Interaction in Telecommunications and Electronic Communications”, which was based on territorial differentiation in the use of radio frequencies and interoperator roaming.
However, in late November 2022, Chisinau refused to extend the Protocol Decision. The risk of mutual interference has resurfaced, given that operators in both Moldova and Pridnestrovie are preparing to the 5G transition and are also operating within the same LTE-800 band.
Thus, Moldova’s actions appear to go beyond the scope of Article 45 of the Constitution of the International Telecommunication Union, which stipulates that all stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Member States or of recognized operating agencies, or of other duly authorized operating agencies which carry on a radio service, and which operate in accordance with the provisions of the Radio Regulations.
The Republic of Moldova obstructs the free choice of nationality and imposes Moldovan nationality on the residents of Pridnestrovie. This behaviour is explained by the fact that, according to the Moldovan authorities, all people born and residing in Pridnestrovie are automatically considered nationals of the Republic of Moldova.
The Moldovan side justifies its position by the necessity of fulfilling international obligations that Moldova undertook by acceding to the UN Convention on the Status of Stateless Persons (1954) and the UN Convention on the Reduction of Statelessness (1961). Referring to these documents, Chisinau decided to automatically grant Moldovan nationality to all individuals who are entitled to Moldovan nationality under the law “On Nationality of the Republic of Moldova”.
In this regard, it is important to highlight several violations and deliberate omissions made by the Moldovan side in interpreting international law. Specifically, none of the Conventions obligate de facto stateless persons to acquire the nationality of the state where they are currently residing de jure; they only grant them the right to request nationality in the country of residence. The automatic inclusion of all residents of Pridnestrovie into the nationality of the Republic of Moldova effectively deprives them of the right to freely choose their self-definition, primarily based on cultural and linguistic affiliation.
Moreover, Article 15 of the 1948 Universal Declaration of Human Rights establishes the principle that everyone has the right to a nationality, and no one shall be arbitrarily deprived of their nationality nor denied the right to change it. Therefore, an individual is not obligated to acquire nationality but merely has the right to do so. In this case, the obligation lies with the state and serves as a guarantee of human rights.
This creates a paradoxical situation where the Republic of Moldova obstructs the free choice of nationality for Pridnestrovian residents and imposes rigid, non-alternative options. This deprives them of their legitimate right to freely choose their nationality amid the unresolved conflict between Pridnestrovie and the Republic of Moldova, as well as the lingering consequences of the Soviet Union’s dissolution.
The Republic of Moldova implements discriminatory measures against Russian nationals residing in Pridnestrovie (over 220,000 people). For instance, in March 2024, Moldova officially refused to allow the opening of polling stations in Pridnestrovie for the presidential elections of the Russian Federation.
This move, aimed at depriving Pridnestrovian Russians of their voting rights, can potentially be classified as a violation of Article 25 of the Vienna Convention on Diplomatic Relations, which requires the host state to provide all facilities for the performance of the mission’s functions. It also contravenes Article 35 of the Vienna Convention on Consular Relations, which states that the host state must permit and protect the freedom of communication of the consular post for all official purposes.
Moreover, the regular expulsion of Russian diplomats and the reduction of the Russian diplomatic corps in Chisinau have led to a decline in the speed and quality of consular services, which resulted in long queues and extended periods for consular appointments.
The Republic of Moldova discriminated against Pridnestrovian residents holding Moldovan nationality during the 2024 elections and plebiscite. It disregarded the Pridnestrovian call to consider the people’s opinion in the context of the referendum held on October 20.
Discriminatory measures against Pridnestrovians were most evident during the second round of Moldova’s presidential elections on November 3. Moldovan authorities, for weak and often absurd reasons, blocked border checkpoints to physically prevent Pridnestrovians from reaching polling stations.
For instance, Moldovan enforcement repeatedly halted vehicle traffic on the Rybnitsa-Rezina bridge, citing reasons such as the alleged ‘detention of a suspicious individual’, a ‘bomb threat’, or road repairs. Similar ‘bomb threat’ reports were made about a building in Varnita housing three polling stations for residents of Bendery. Pridnestrovians were denied entry into Moldova at certain checkpoints, being labelled as an ‘organized group’. Furthermore, there are records of cases when vehicles with Pridnestrovian license plates were turned back for reasons like switched-off headlights or cracks in the windshield.
These actions by Moldova not only restricted the freedom of movement, which is guaranteed by Article 13 of the Universal Declaration of Human Rights, but also violated Article 5 of the European Convention on Nationality. This article states that each State Party must follow the principle of non-discrimination between its nationals, whether they are nationals by birth or have acquired their nationality later. Moreover, Moldova's actions violated the OSCE commitments regarding elections, as outlined in the 1990 CSCE/OSCE Copenhagen Document. According to these commitments, participating States must ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public.
4. Regional security risks and threats
Contrary to the principle of neutrality enshrined in its constitution, the Republic of Moldova systematically participates in military exercises and is rapidly militarizing. This significantly disregards Moldova’s constitutional neutrality and the potential risks of escalating regional tensions.
In the absence of an immediate military threat, as recognized by the Moldovan leadership, Moldova’s actions are a destabilizing factor, negatively affecting the situation in the Security Zone (SZ). Often, exercises conducted by Moldovan military units involve the SZ, which violates the guiding documents and principles of the Peacekeeping Operation on the Dniester.
Moldova acts as the host country for large-scale exercises with the United States and Romania, such as Swift Response-2024, Peace Shield 2024, JCET-2024, and Fire Shield 2024 (totally, Moldova hosted more than 20 military events with foreign participation from January to November 2024).
There is a trend towards integrating Moldova’s army into Romania’s military command system. In July 2024, the Moldovan Parliament ratified amendments to the military cooperation agreement with Romania, which provide for Bucharest’s assistance in various missions and operations (including under the auspices of the EU and NATO), allowing Moldovan military personnel to be included in the Romanian task force.
Furthermore, the Government of Moldova approved the national defence strategy, which highlights that the Russian troops in Pridnestrovie and Pridnestrovian military forces pose a threat to Moldova’s national security. Along with this, Moldova plans an increase in defence spending and integration into EU military structures.
Moldova takes these actions against the Pridnestrovian security and the overall regional security system. In the context of the operating OSCE Mission in Moldova, it is important to note Moldova’s violation of the organization’s documents.
Thus, the militarization of Moldova violates the OSCE Code of Conduct on Politico-Military Aspects of Security. Paragraph 3 of the Code states that security is indivisible and that the security of each of them is inseparably linked to the security of all others. They will not strengthen their security at the expense of the security of other States. Additionally, paragraph 12 of the Code is relevant in the context of Moldova’s lack of a military threat: each participating State will maintain only such military capabilities as are commensurate with individual or collective legitimate security needs.
