Transparency International-Moldova - Transparency International

Transparency International - Moldova presents a new publication

06.10.2010

On October 6, 2010 Transparency International - Moldova (TI-Moldova) presented its new publication “Petitioning System: Monitoring and Refinements”. It includes the results of the study on the functioning of the petitioning system in 15 public institutions . The study was conducted within the National Strategy for Preventing and Fighting Corruption with the financial support of the Soros Foundation - Moldova and Oxfam Novib.

The author of the study Efim Obreja, expert of TI - Moldova, presented the analysis of official data on the functioning of the petitioning system provided by the public institutions, normative acts, web sites of the public institutions, information and means placed in public institutions as well as petitions received and examined by public institutions in 2009. The study also includes the results of an opinion poll conducted among both public servants and petitioners.
In 2009, the 15 public institutions included in the study registered, overall examined and settled about 37 000 petitions (including 1 679 collective ones, 300 petitions from public servants of subordinated institutions and 479 preliminary applications of administrative litigations). Over 7 900 persons were received in audience. The institutions answered about 17 600 calls to their hot-lines, concluded 5484 cases of law violations set forth in petitions and restored the rights of 7 084 people.
The study revealed drawbacks and imperfections in the legislation, particularly with regard to transparency in the petitioning system, the prevention of abusive use of the petitioning system, the supervision of law enforcement and the protection of petitioners/whistle blowers.
The publication states the following lacks related to the petitioning system:
-   missing information on modalities to submit petitions, contact information on persons in charge for collecting and examining petitions, citizens’ audience hours, hot-lines information;
-    missing boxes for petitions/correspondence;
- lack of transparency in the petitioning system, particularly, missing information on petitions    registered and examined, modality they were solved, absence of reports/informative notes on the functioning of the petitioning system;
- cases, where a petition (denounce or claim on penal delinquencies) was registered but not passed to law enforcement institutions, as required by law;
- examination of many minor problems at central level, which can be solved in territorial subdivisions of the public institutions or by local authorities;
-    superficial attitude towards petitions and not examining the cases;
-    missing recovering of caused damage;
- forwarding of petitions to public servants who are claimed by the petitioner and, as a result, undermining, humiliating, denigrating the petitioners; opening investigations against petitioners and making them withdraw their complains;
-    missing protecting of petitioners/whistle blowers;
-   not applying sanctions for non-observance or violation of the Law on petition system;
-   Inadequate analysis of activity, internal control and supervision of petitioning system functioning;
-   Insufficient knowledge of legislation by the public servants and petitioners.
Drawbacks in the actions of petitioners have also been revealed, particularly ignoring the requirements for petitions; petitions submitted on behalf of another person or of an nonexistent person; submitting petitions to incompetent bodies; claims to settle an issue beyond the limits established by the legislation or solving problems through the angle of political appurtenance.
As a result of this worrisome situation, many problems faced by petitioners remain further unresolved; their rights and legitimate interests remain unprotected by the petitioning system.
The results of the opinion poll conducted among persons that submitted petitions to public institutions in 2009 show that 64,1% of petitioners did not solve their problems via the petition system and 23,5 % solved them only partially, therefore only 23,0% of petitioners have confidence in the petition system as a way to protect their legitimate rights and interests.
The presence of an inadequate situation is confirmed by public servants that were also questioned within the study. In cases when being limited in their legitimate rights or duties, only 13,6% of public servants would submit petitions/claims. Each third public servant states fear of “score settling” as reason for non-submitting a claim.
The study comprises the following recommendations, aiming to raise the efficiency of the petition system, to ensure respect of citizens’ rights and to prevent corruption:
-          modify the legal framework of the petition system, particularly setting clear requirements for petitions, submitting modalities, persons in charge, preventing abuses of the petitioning system, enforce the law;
-          ensure transparency of the petitioning system;
-          improve the petition management system;
-          ensure recovery of caused damages;
-          respect legal stipulations on passing petitions, which invoke administrative or penal/criminal violations to competent bodies;
-          prevent cases of registering denounces or penal claims as petitions;
-          train public servants and civil society;
-          when possible, appeal to mediation institutions in settling petitioners’ problems;
-          ensure petitioners’/whistle blowers’ protection;
-          prevent abusive use of the petitioning system;
-          extend internal control over the petition system;
-          implement corruption preventing measures in the system.
The above mentioned publication is useful mainly for public servants.
To increase citizens’ awareness on the work of the petition system in public institutions, TI-Moldova also launched a leaflet.

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