The National Anti-Corruption Centre (NAC) and the Parliament’s General Legal Directorate have issued critical opinions on the initiative of the Communist and Socialist Bloc (CSB) MPs on the regulation of “foreign agents”. The initiative had previously been condemned by several media NGOs and civil society organisations.
The initiative on the “status of foreign agents” was registered in Parliament on 28 March by six MPs from the Communist and Socialist Bloc (CSB): Constantin Starîș, Inga Sibova, Nicolai Rusol, Valeriu Muduc, Vladimir Voronin and Diana Caraman.
According to the draft law, “foreign agents”, i.e. persons whose minimum half of their income comes from external funding (“and who carry out activities that influence political, economic, social or educational life”) will be required to register in a register managed by the “Committee for the Control of Foreign Influence” within 30 days of “receiving foreign funding”. As in the Russian Federation, entities would have to label their information products with the label “foreign agent”. Failure to comply with the requirements described in the initiative would result in fines of 50,000 to 200,000 lei, the freezing of bank accounts, the confiscation of undeclared sums, the liquidation of the entity, etc.
Previously, 135 civil society organisations condemned the move, describing the draft as “a manifestation of contempt for fundamental human rights and press freedom”.
NAC CONCLUSIONS
In its report, the NAC warns that the regulations proposed in the draft law on “foreign agents” are vague and confusing, which creates the risk of arbitrary, discretionary and abusive procedures. According to the NAC, the draft law could seriously harm the public interest.
Among the main objections raised by the NAC is the negative impact on domestic NGOs. The vast majority of non-governmental organizations in the Republic of Moldova are at risk of being included in the category of “foreign agents” as they easily fall within the definition proposed by the BCS MPs. In addition, the implementation of such a law could cause NGOs to give up external funding for projects in essential areas for fear of stigmatization and sanctions.
Similarly, the NAC criticizes the explanatory memorandum accompanying the draft law, considering it insufficiently reasoned, and invokes legislative inconsistency, as the document is not in line with state and European Union policies on fundamental rights and freedoms. According to the institution, this lack of consistency affects the public interest and jeopardizes rights such as freedom of association, freedom of the press and freedom of expression. The authors warn that the draft law contravenes the Constitution of the Republic of Moldova, the Universal Declaration of Human Rights and the European Convention on Human Rights, and also refer to risks of corruption and institutional dysfunction.
OPINION OF PARLIAMENT LAWYERS
The General Legal Directorate of the Parliament of the Republic of Moldova has also issued a critical opinion on the draft law. In this case, too, vague and ambiguous definitions, incompatibility with international standards, violation of fundamental rights and risks of abuse and corruption are invoked.
The authors emphasise that the terms used in the draft, such as “foreign agent” and “foreign influence”, are formulated in an unclear manner, which may lead to arbitrary interpretations and abusive application of the law. The Legal Department also draws attention to the fact that the provisions of the draft law may violate fundamental rights guaranteed by the Constitution of the Republic of Moldova, such as freedom of expression, freedom of association and the right to a fair trial, and that the fact that the draft law is not in line with the international obligations of the Republic of Moldova may negatively affect the image and international commitments of our country.