Opposition-controlled parliament appoints new ombudsman for human rights

Vasiliy Kalko, 52, is the new independent ombudsman for Pridnestrovie

TIRASPOL (Tiraspol Times) - For the first time in its 16 year history, Pridnestrovie now has an ombudsman. His name is Vasiliy Kalko, he is 52 years old and a lawyer who for the past decade has been specializing in the protection of human rights.

Although the post was created by Pridnestrovie's Parliament, and is funded with an addition to the state budget approved by parliament, the new ombudsman has been given wide autonomy. He does not depend on parliament and must not take orders from parliament or from any other branch of government. His only mandate is towards the citizens and the Constitution of Pridnestrovskaia Moldavskaia Respublica.

The office of human rights ombudsman is wholly independent from other organs of the state. The ombudsman's job is to oversee the implementation and observance of constitutional guarantees, and to act as a watchdog for human rights in Pridnestrovie. When these rights are abused, the ombudsman is entitled to take action to correct the situation.

The ombudsman, and any member of his staff, has the right to be present during all kinds of trials, to have unrestricted access to classified information and to all evidence in judicial proceedings.

Respect for human rights

When the opposition party Renewal won an unexpected majority in Pridnestrovie's 11 December 2006 parliamentary elections, it set about to bring the country's human rights record in line with European norms and standards. The Parliamentary Committee for Human Rights felt that the function of overseeing the general situation of human rights should be delegated to a special ombudsman for human rights in Pridnestrovie.

In explaining the new approach, parliamentary chairman Yevgeny Shevchuk emphasized the role and expectations of the ordinary people of the region.

One of the most important aspects of the country’s reconciliation is the human rights protection capacity of the state institutions. In December of 2005, Pridnestrovie's parliament deemed it necessary to create an ombudsman office in the country with functions of systematic monitoring of possible human rights violations of any kind. Civil society and leading NGOs have been given a leading role in assisting the monitoring process, implementing international conventions and legislation.

Staff of 10 people in the ombudsman office

In secret voting on 7 June, the ombudsman was chosen from an initial list of 3 candidates. 33 of the 43 members of parliament (76%) voted in favor of human rights lawyer Vasiliy Kalko, a native-born citizen of Pridnestrovie.

In a press conference following the appointment, new ombudsman Kalko said:
" - This new post will extend all efforts to ensure that the human rights of the people of Pridnestrovie are safeguarded. In situations where these rights are not observed, this office will use all of its powers to restore them as quickly as absolutely possible."

Ombudsman Kalko is also planning an educational information campaign about human rights in Pridnestrovie in order to raise awareness of the rights that the citizens of this post-Soviet country has. In his opinion, the population has previously not been informed of its rights and in his press conference the ombudsman stated that the awareness-raising work will have to start from "from absolute zero".

To give the ombudsman the ability to work with sufficient powers and autonomy, parliament has authorized a budget which will initially cover a staff of 10 people for the ombudsman office, as well as a separate Tiraspol-location with offices not connected to any ministry or other state organization.

Real reform or just for show?

On the other side of the Dniester, in Chisinau, Moldova, Pridnestrovie's new move towards increased human rights protection was not met with joy but rather with a barrage of protests and skepticism.

One commentator and former presidential advisor complained that the "black hole" was democratizing from within, adding that in the future it "it will be more difficult for Chisinau to talk about a 'criminal regime', etc.

Others doubted the sincerity of Pridnestrovie in wanting to reform its human rights record, claiming that the move was just for show and that no real reform could be expected from Pridnestrovie - or Transnistria, as it is called in Moldova.

While it remains to be seen how effective the office of new ombudsman Vasiliy Kalko will be, the people of Pridnestrovie are optimistic and hoping for the best.

In proposing the new office of ombudsman for human rights in Pridnestrovie, the sponsors of the bill noted that independent human rights ombudsmen now function in 90 countries of the world. Previously the local parliamentarians expressed the opinion that the creation of the office will enhance the state's commitment to human rights protection and will bring Pridnestrovie closer to prevailing international legal standards in the field.