On April 21 2022, the Parliament of the Republic of Moldova adopted in the final reading the Law on incrimination of crimes motivated by prejudice no. 301. The Law no. 301 is a set of legislative amendments to the Criminal Code and the Code of Contraventions, which includes definitions of grounds for prejudice, the review of basic offenses and aggravating circumstances related to acts of hatred and prejudice. The law introduces the misdemeanor of instigation to discrimination and the criminal offenses of incitement to violent actions on grounds of prejudice and propaganda of genocide or crimes against humanity.
The Parliament adopted the law through a long process, since the first draft of the law was voted in its first reading in 2016. In the meantime, the draft was subjected to several rounds of public consultations, including with CSO representatives.
In this process, interested stakeholders disputed several elements of the draft law. Namely, the Parliament proposed an exception by which "Actions taken as part of a public discourse or debate with a reasonable and objective justification on matters of religion, education, objective scientific research, including in the context of artistic events or actions, shall not be considered instigation of discrimination on grounds of prejudice”. The exception was long debated, as it provides exemption from liability for the misdemeanor of instigation to discrimination, but it was included in the final reading of the law.
Impact on CSOs
The CSO environment in Moldova will benefit from this law in several ways, as it:
- protects CSOs, especially those advocating for LGBTQI issues, are often target of verbal attacks and discourses that instigate discrimination or incite prejudice-based violence.
- provides legal mechanisms for protecting the rights of CSO beneficiaries, including ethnic minorities.
- offers new opportunities for CSOs to protect and advocate against crimes motivated by prejudice of previously underrepresented categories of people.