Introduction
Moldova has made significant progress in the implementation of democratic reforms in its society. However, democracy has not prevailed over the previous communist ideals established in the society. Although politically independent from the Soviet Union, Moldova has consistently been dependent on Russia making it difficult to shift politically from communism to liberalism1. The European Union is at the forefront in assisting Moldova achieve democratic reforms in its society especially through the EU policy instruments. Apart from Russia and Romania, Moldova has become a direct neighbor to the European Union in view of the 2007 enlargement into Eastern Europe.
Moldova expressed its interest for membership in the European Union and was granted. Moldova’s Accession into the European Union has already been granted by the EU leadership but the status quo still remains taking into account the Transnistrian conflict. Consequently, there exists a clash between the European Neighborhood policy with reference to the eastern enlargement and the EU-Russia state of affairs. Admission of Moldova into the European Union brings to the fore the political stalemate surrounding the existence of a separatist Transnistrian Republic within Moldova’s territory. The characteristic ideological differences between the European Union and Russia further complicate interventions to resolve the Transnistrian conflict. This paper argues in favor of the EU soft power characteristic in its policies and its consequences to Moldova’s case.
In essence, the EU through its neighborhood policy seeks to promote security and conflict resolution within the region. The latest developments in Moldova’s case illustrate the level of efficiency and effectiveness of the conditionality approach in the European Neighborhood Policy. The paper shall explore policy strategies extended towards Moldova by the European Union. Economic and security consideration are particularly important in strengthening the Common Market, fighting crime and organization of visa regimes within the European Union2. In this paper, the extent to which the EU has been effective in promoting border security, economic development and visa facilitation with respect to Moldova shall be investigated.
Principles of conditionality
EU member states are encouraged to adopt community policies and objectives into their national constitutions. It is predominantly a policy of conditionality since the EU extends incentives to specific governments in order to promote their compliance to its policies. Rules of the European Union are not imposed upon member states but the rationale behind the conditionality principle lies in facilitating the process of socializing the states towards entrenching its policies at national level. This entails transfer of EU legislations into national constitutions as well as transforming governance institutions based on EU rules in addition to streamlining political institutions in accordance with EU standards.
The European Neighborhood policy is the political expression of the EU in ensuring that political stability is sustained within European Union in view of the eastward enlargement. The ENP is therefore the ultimate foreign policy of the European Union which seeks to promote good governance through democratization of political systems among member states. The ENP is also a tool for increased trade and investment between the member states by balancing the economies of scale for the mutual benefit of the participating countries. The ENP also seeks to tackle security concerns such as illegal immigration, ethnic conflicts and international crimes such as terrorism3. European integration is the heart of the community policies by the European Union. The EU is interested in post soviet conflicts occasioned by separatist regimes from the former Soviet Union. The European Union therefore utilizes its external foreign policy for conflict resolution in Moldova and other separatist regimes towards greater involvement.
The Transnistrian conflict
Transnistrian Republic is a separatist regime from the state of Moldova, a current member of the European Union. As such, the European Union through its conflict resolution dimension has extensively been involved in settlement efforts between the Republic of Moldova and Transnistrian people. Moldova, being a member of the European Union, has consistently requested the EU to intervene as an alternative to the Russian peace keeping format. This is guided by the tensions that exist between the Transnistrian government and Moldova due to the involvement of the former in criminal activities such as smuggling.
Smuggling exists on the Transnistrian region of the Moldova-Ukraine border which has called for the intervention of the European Union in support of the democratic Republic of Moldova. This is informed by the increasing orientation of the Moldovan government towards the European Union instead of the Russian socialist ideals4. The European Union has positively responded to the dispute through the launch of the EUBAM (EU Border Assistance Mission to Moldova and Ukraine). The EUBAM consists of “120 EU border and customs experts” who are mandated by the EU to monitor the border between Moldova and Ukraine particularly the region under the control of Transnistrian secessionist government.
The successful implementation of the EUBAM is partly because the post-orange administration in Ukraine was much more responsive to the European Union agenda in Moldova than the previous Kuchma-led government. The deployment of the EUBAM significantly reduced smuggling activities around Transnistrian. In addition, the EU in its resolve to undermine the secessionist leadership in Transnistria introduced a travel advisory against seventeen Transnistrian political luminaries. Consequently, beneficiaries of the smuggling and trafficking opportunities were restricted from obtaining corrupt money thereby curtailing their secessionist position in the region.
The EU also prevailed on Ukraine to refuse Transnistrian exports missing Moldovan customs stamps forcing more than 400 companies to comply with Moldovan import/export policies. Consequently, Transnistrian businessmen were rendered dependent on the Moldovan government and the EU by extension5. The long term benefit of the EU assertiveness in resolving the Transnistrian conflict is the reintegration of the lucrative Transnistrian businesses into the mainstream Moldovan economy. The EU has also attracted Moldova’s entry into the European Union through visa facilitation which improved the access of the Moldovan citizens and inhabitants of Transnistria across the borders of European countries.
Moldova’s Europeanization
A stronger relationship between the EU and Moldova replaced the “outdated Partnership and Cooperation Agreement”. In addition, the EU “liberalized trade with Moldova under the generalized system of preferences plus”. Moldova also benefited from the independent trade preferences advanced by the EU in order to establish its Europeanization. The accession of Moldova into the European Union also benefited Transnistrian citizens who were being integrated and assimilated into the Moldovan society once again. The combination of the visa facilitation and liberalized trade between the European Union and the privileged Moldovan-Transnistrian society was an important economic incentive towards reunification of the two societies6. The deployment of the EUBAM experts on the border between Moldova and Ukraine was an important step by the European Union in its mandate to conflict resolution.
However, the “soft power” status of the union limited its peace keeping interventions in Moldova several times due to the stronger resistance from the Russian-led faction. Member states expressed their reservations to the deployment of a unilateral EU peace keeping force in Moldova since Russia was not being actively involved in the process. A combined EU-Russian peace keeping alternative was not a viable option either. The benefits of the EU-led conflict resolution in Moldova are thus limited to the economic benefits of the integrated Moldovan-Transnistrian business society and the socialization of its people.
Businessmen from Transnistria exported their products through the expanded Moldova economy into the European Union for their mutual benefit. Economic incentives therefore synchronized the Moldovan and Transnistrian societies towards greater economic and social development. On the other hand, the EU was limited in its attempt to enforce a political peace keeping force in Moldova outside Russian influence. Member states repeatedly rejected measures by the EU institutions to impose a military peace keeping force in Moldova without the backing of the Russians.
Action PLAN and the first Progress Report for Moldova
A Partnership and Cooperation Agreement was established between the Republic of Moldova and the European Union in 1994. It was implemented in the year 1998 through a set of priorities outlined in the EU-Moldova ENP Action Plan with specific timelines. Evaluations are done on a yearly basis by both the EU and the Moldovan government. The first and second progress reports were adopted in 2006 and 2008 respectively. Both sides evaluated the process of implementing the ENP Action plans on different political and allied priorities through committees that engaged in dialogue on the underlying issues7. Moldova being a solid partner of the European Union achieved remarkable progress in it governance institutions and democratic systems. The progress reports reiterated the successful implementation of most of the priorities in the ENP Action plans by the Moldovan government.
Achieved priority areas include judicial reforms, cooperation with EUBAM experts on border security against smuggling, regional integration, prevention of torture and international cooperation with the EU. The “EU Autonomous Trade Preferences” have also been substantively achieved by Moldova through its commitment to implement the set of conditions attached to the pact. It can be noted in the progress reports that Moldova has achieved significant ground in the settlement of the Transnistrian conflict by engaging in relevant diplomatic dialogue at grassroots level with people fro both sides of the political divide. The Moldovan government has specifically extended friendship with the Transnistrian people towards a cohesive and integrated society in accordance with the principles of the European Union.
Economy-wise, the Moldovan government has effectively sustained a stable economy despite the 2007 drought, devastating effects of the summer floods and the distressing effects of the global financial crisis. On the other hand, some key priorities in the ENP Action plans notably the fundamental freedoms of the people, market regulation, fighting corruption, substance abuse and human trafficking in addition to the neglecting important infrastructural reforms in the energy and transport sector8. Notwithstanding, Ukraine and Moldova were single out as countries with significant progress in the areas of human rights and governance. The approach taken by the Moldovan government to spearhead conflict resolution in the volatile Transnistrian region was credible.
The “Partnership and Cooperation Agreement” between the EU and Moldova took four years (1994-1998) before it was ratified. This also illustrates the lukewarm position the EU occupies between the policy making and actual implementation. It took the support of the Orange revolutionary administration to effect important EU policies regarding conflict resolution in the post Soviet Union region of Russia, Ukraine, Moldova and Transnistrian republic. The EU Action plan on the Transnistrian conflict explores priorities such as stability of institutions, safeguarding civil liberties, democratic elections, independent media, and poverty alleviation in addition attracting investment, border management, fighting corruption, organized crime and human trafficking. The emphasis was put on the important aspect of political stability and national security.
The EU has limited capacity in conflict resolution. Despite of facilitating the travel ban on the ruling elite in Transnistria, withdrawal of Russian troops from the disputed region remained elusive. ENP monitoring bodies then ensure successful implementation of the migration legislation without prejudice in partner countries. They also ensure that the fight against illegal migration and human trafficking is reinforced through provision of technical assistance to partner countries. Technical assistance involves training of border guards and immigration officials on priority issues related to international migration and emerging challenges. They are equipped with statistical tools for analyzing data relevant to global trends in immigration.
Apart from technical assistance, the ENP promotes regional multidisciplinary law enforcement among partner countries in order to fight organized crime. Efficiency of this initiative is further augmented with Europol and the SECI centre based in Bucharest in combating human trafficking. Dialogues on ENP Action Plans in migration also seek to address the problem of xenophobia and its consequences to migration and integration within the EU especially in countries such as Belarus, Armenia, Azerbaijan and Georgia. At regional level, partner countries have been encouraged to treat illegal immigrants according to international standards. These standards include implementation of effective asylum and refugee protection laws which also ensure those victims of human trafficking and other vulnerable individuals are safeguarded from unlawful custody.
The ENP organized dialogue has prioritized important immigration policy with Russia. After the dissolution of the USSR, Russia has become the destination of choice for refugees and economic migrants from neighboring countries apart from holding the largest number of internally displaced persons. Russia is also being considered to be a major transit country for migrations from China, Afghanistan and South-East Asia to Western Europe. Russia is therefore a strategic country in the EU Action Plans on migration policies. Dialogue with Russia has therefore focused on the entire migration-related issues including asylum, mechanisms to fight illegal migration, human trafficking and labor migration9.
The ENP has therefore enhanced exchange of important information between partner countries on migration of persons with the objective of promoting stability, security and development in the EU and its neighbors. This information is useful in designing migration management policies based on assessment of important statistics from migrant-sending countries and destined neighbors. The effectiveness of the ENP guided immigration policy has been noted in the creation of proper conditions for provision of humanitarian assistance and international protection to migrants and refugees.
Migration issues have been discussed successfully with Turkey and Western Balkans under the Accession Partnership and the Stabilization and Association Agreement Action Plans. Progress of these Action Plans is evaluated through EU bodies’ meetings and Ministerial deliberations at national level. Key partners with the EU in its dialogue on immigration policy include IOM, UNHCR, UNDP, ILO and the International Centre for Migration Policy Development. The partnerships that are built between the EU and these bodies enhance cooperation between partner countries through the Global Approach and the differentiated Action Plans.
Border management is properly defined and supported with individual countries in the Partnership for the purpose of eliminating traditional barriers that could hamper the realization of the EU objectives. Capacity building is enhanced for the long-term goal of reducing migration of persons from less prosperous countries to developed neighbors. Security at border points is also strengthened through training of law enforcement agencies involved with border management in order to prevent illegal migrations. State officials working in border regions are also trained on migration and asylum issues in order to provide the best services to migrants in general and refugees in particular.
The rationale for the EU sponsored deliberations on immigration policy has been benchmarked on the objective of achieving sustainable development in partner countries in order to reduce frequent and unbalanced migrations. Capacity building therefore seeks strategies to migration management within the EU and its neighbors. Consultations are made between EU officials and relevant ministries and departments in partner countries towards enacting sustainable immigration policies in the world.
Conclusion
The European Union is engaged in conflict resolution in order to restore and maintain security in Europe and the rest of the world. The role of the EU with respect to Moldova’s case reveals the underlying challenges and the relevance of its policies in different situations. The Transnistrian conflict further illustrates the “soft power” notion in describing the foreign policy of the European Union with regard to conflict resolution and border management. The thorny issue regarding EU-Russia relations has continued to limit the progress of the EU-funded conflict resolution in Moldova. The contest between communism and socialism continues to describe external EU relations in the post-Soviet Union. Remarkable progress has been realized in economic and social development courtesy of a proactive government in Moldova.
The ENP policy has therefore succeeded in abolishing internal border controls among member states. It has also been effective in establishing a common visa policy, asylum standards, legal migration protocols and the Frontex agency. Overall, the creation of the ENP immigration policy has promoted migrant and host country development. The policy further encourages fair treatment of migrants in accordance with international law and human rights. This ensures the harmonious integration of migrants and nationals from third countries into their host destinations.
Radical democratic reforms have been initiated by the Moldovan government with the support of the European Union. Significant economic development has been achieved through economic integration with the European Union and the Transnistrian people. Exporters from the disputed Transnistrian region are compelled by the EU to register their businesses in Moldova in order to shift their dependence from Russia and its socialist allies. The deployment of the EUBAM to control the Moldovan-Ukraine border by the European Union was quite effective in stopping state-funded smuggling by the Transnistrian government10. This also fought other crimes such as drug and human trafficking around the Transnistrian region. The travel ban imposed by Transnistrian political leaders by the EU is an important move against corrupt regimes.
Footnotes
- Černobrovčuk, M. Prospects for EU – Moldova economic relations Volume 67 of Raporty CASE, CASE – Center for Social and Economic Research, New York, 2006, pg. 118.
- Eastwood, J. & Bolton, R. Guide to the EU institutions, Federal Trust Series Federal Trust for Education and Research. Federal Trust for Education & Research, Michigan, 2003, pg 21.
- Europa Publications Limited. Eastern Europe, Russia and Central Asia 2008, Volume 2008 Eastern Europe, Russia and Central Asia Regional surveys of the world. Europa Publications, Michigan 2008, pg. 76.
- Gutu, O. Moldova’s Convergence with the Acquis – A Pro-Growth and Pro-Integration Strategy; Issue 238 of CEPS working documents. CEPS, London, 2006, 41 pages.
- Łazowski, A. & Blockmans, S. The European Union and its neighbors: a legal appraisal of the EU’s policies of stabilization, partnership and integration. Cambridge University Press, Cambridge 2006, pg 63.
- Lewis, A. The EU & Moldova: on a fault-line of Europe, Volume 5 of Europe’s eastern borders. Federal Trust for Education and Research, California 2008, pg. 24.
- Nitze, P. H. & Möttölä, K. Transatlantic relations and global governance. Center for Transatlantic Relations, Michigan 2006, pg 52.
- Nygren, B. The rebuilding of Greater Russia: Putin’s foreign policy towards the CIS countries, volume 10 of Rout ledge contemporary Russia and Eastern Europe series. Rout ledge, London, 2007, pg 35.
- Oudenaren, J. V. Uniting Europe: an introduction to the European Union; Europe today. Rowman & Littlefield, New York, 2005, pg 33.
- Scott, J. W. EU enlargement, region building and shifting borders of inclusion and exclusion; Border regions series. Ash gate Publishing, Ltd, London, 2006, pg 62.