Moldova: the risoluzione del conflitto in Gagauzia.
In 1994, the Republic of Moldova has recognized the status of territorial autonomy to the region of Gagauzia, located in the southern part of the country, ending a four-year institutional impasse. The Gagauz case represents an interesting example of regional ethnic conflict resolution, which contrasts with the negative results achieved so far in relation to the "frozen conflict" in Transnistria. Despite the formal resolution of the issue of Gagauzia, some problems remain unresolved, particularly regarding the balance of political and institutional relations between the Moldovan authorities and autonomous. The historical context
Region of Gagauzia is located in the southwest of the Republic of Moldova and comprises a land station, the center of which is the capital Comrat and two enclaves, which developed around the city of Long Cead y Vulkaneşti. The Gagauz population estimated at 150 thousand inhabitants, one third of whom live in Comrat and is the major source of economic subsistence agriculture, especially viticulture. While the primary language used in the rest of the Republic of Moldova is Romanian, Gagauz use the turkish and, to a lesser extent, Russian (especially in education and trade) as a result of Russification imposed during the Soviet period. In the Republic of Moldova, as well as in Gagauzia, the main religion is Orthodox Christianity.
Gagauz nationalism remained until the late eighties a movement restricted all'inteligentsia, while in 1988 it became a political entity, the "Gagauz People" led by Stepan Topal, who opposed the proposed annexation of the Republic of Moldova from Romania, wanted to Chisinau.
factors that led to the birth of the "Gagauz People" are political, social, ethnic and linguistic diversity. The Gagauzia declared its independence on August 19, 1990, establishing Comrat as its capital. Not having had a history of national independence, the Gagauz elites have begun the process of construction of national identity from the base by developing its own symbols, in addition to the established economic cooperation and on defense with Transnistria, proclamatasi independent in September 1990.
central Chisinau Parliament declared the unconstitutionality of the proclamation of the independence of the two republics, causing the start of a period of armed conflict - still frozen - in Transnistria, and Gagauzia in Moldova's sovereignty has been broadly accepted. The fact that the Gagauz have not had recourse to arms to challenge the membership of the Republic of Moldova is due to the lack of development of the institutions of devolved government Gagauz, with the absence of an industrial base in the region - making it economically dependent on Chisinau - and with the absence of influential allies outside. The lack of interest for the Russian Gagauzia is due to the low economic and demographic weight in the region, where there lives a significant Russian-speaking minority and where there is the Russian Army.
In 1994, Moldovan President Mircea Snegur signed the Constitution, which recognized the status of Gagauzia "autonomous territorial unit and an integral part of the Republic of Moldova" with the right to elect a governor (Baskan) and People's Regional Assembly. In the same year was passed the "Law on the special status of Gagauzia, which establishes the Department of powers between the central authorities in Chisinau and the authority of regional Comrat. These two texts have established formal and peaceful resolution of the matter Gagauzia, which lasted four years.
The current situation in Gagauzia The Moldovan Constitution provides that the National Parliament is "the only legislative body of the Republic of Moldova" (art. 69), recognizing the right of legislative initiative Gagauzia (Article 73). This right is enshrined is formally limited in practice by the low representation in the Gagauz Moldovan Parliament, due to the fact that the Gagauz are just 3.5% of the total population. Another factor that limits the Gagauz representation in political institutions is the state structure of the Moldovan party system is structured around big parties with a national basis, among which the Communist Party and the Liberal Party.
The "Law on the special status of Gagauzia of 1994 establishes the Department of powers between the central authorities and regional authorities, in accordance with four principles:
1) The principle of subsidiarity, whereby the central government can not deal with matters that are within its exclusive jurisdiction only if the authorities do not show autonomic able to achieve their goals.
2) The principle of administrative capacity, according to which the powers may be entrusted to territorial self-government only when these materials have the skills and human resources to complete.
3) The principle of proportionality, which states that action by the Central Government shall not exceed, in the form and content, the limits established by the Constitution.
4) The principle of economic efficiency, which requires the allocation of responsibilities to the level of government that can perform them with less in terms of economic resources, human and material.
According to what is stated in Article 12 of the Act of 1994, the Gagauz People's Assembly has the legislative powers in the fields of science, culture and education, urban planning, health and sport; budget and local taxes, economy and ecology; reports laboral and social security. In addition to these six areas of general jurisdiction, Article 12 provides additional powers of the Gagauz People's Assembly as the legislative activity (adoption of regional symbols, creation of honorary titles), the administration (changing the boundaries of towns and villages, the conduct of regional elections, the conduct of local referenda), the coordination policy (participation in internal and foreign policies in the aspects relevant to Moldova's interests Gagauz, Moldovan Parliament on the proposal to the declaration of a state of emergency in Gagauzia) and the use of arbitration mechanisms in the Moldovan Constitutional Court, in cases of alleged violations of the department of power by the central government.
issues still unresolved Gagauz autonomy Stefan Wolff of the Center for the management of international crises and the conflict resolution "of the University of Nottingham said that the legislative provisions of Article 12 are not sufficiently clear and that the risk of causing a compression of the powers of regional authorities by the Gagauz national institutions.
The fact that the text does not establish an exclusive Gagauz would indicate that, in the event of a conflict between national law and regional law in one of the areas set out in Article 12, the Moldovan Parliament to challenge the constitutionality of legislation Gagauz before the national Constitutional Court. The huge weight of political institutions in Chisinau, especially when compared with the authorities of Comrat, puts at risk the effective autonomy of devolved government.
's fears are confirmed by Wolff "constitutional basis of the autonomy of Gagauzia", \u200b\u200bpublished by the Moldovan Parliament, which states that "the Gagauz autonomy, however large it may be, is purely administrative authorities [...] of Gagauzia shall carry out their activities within the state, and not outside of it. " According to Wolff, the concept of self-government is too general and does not guarantee the protection of freedom of action of the Government of Comrat. In addition, the limited economic capacity of Gagauzia, little populated agricultural region, prevent regional authorities to complete all tasks set out in general terms by the Act of 1994.
Another aggravating factor, suggested by Oleh Protsyk, is the fact that, since 1994, the Moldovan Parliament "has produced hundreds of pieces of legislation governing the most diverse social relations within the country, without taking any account of the special status of Gagauzia, in order to progressively restrict the freedom of action of regional autonomy. According to the submission of Protsyk in recent years the laws have Moldovan legislative progress in the areas under the said Article 12 of the 1994 law limiting the freedom action of regional self Gagauz. Conclusions
Despite the peaceful resolution of the dispute policy and institutional - is not without its ethnic and linguistic connotations - from the Republic of Moldova and the region of Gagauzia, the process of securing special Gagauz autonomy remains important inconsistencies, most evidently by legislative point of view.
Despite this, the resolution of the matter is an interesting case of Gagauz management of ethno-regional political conflict, which could be an example for resolving the frozen conflict between Moldova and Transnistria conflict that has continued for over twenty years .
