• One Hundred Days on a Construction Site: How (Not) to De-oligarchize

    One Hundred Days on a Construction Site: How (Not) to De-oligarchize
    by
    22 September 2019 | 16:36

    Chișinău is marking 100 days since Moldova’s leading oligarch, Vlad Plahotniuc, left the country and the government. It is the first time a figure so deeply involved in the political and economic life of the country has quit and not returned. Meanwhile, the country is also experiencing its first ruling coalition made up of two political extremes: the pro-Russian Socialist Party and the pro-Western ACUM Bloc. But did Vlad Plahotniuc’s spirit really leave the government? Has it been replaced by the spirit of European democracy, or is Vladimir Putin’s style of “democracy” in action? 

    Moldova has now turned into a huge construction site. All government sectors are under reconstruction: justice, ministries, law enforcement bodies and the state chancellery, along with laws and rules, all aiming to ensure a different kind of governing: transparent, honest, proactive. 

    Where would it be most appropriate to begin when building such a large-scale site, knowing that the old edifice was based on the pillars of corruption, influence and political servitude, impunity and opacity? Should we start with tearing down the pillars or choosing adequate demolition tools? 

    Supposing we start with corruption. ​A series of authorities – for evaluation, investigation, conviction, and punishment – are needed to successfully fight corruption. On paper, all these organizations exist: the National Integrity Authority, the National Anti-Corruption Center, the Anti-Corruption Prosecutor’s Office, the Agency for the Recovery of Criminal Assets, and judicial bodies with a Superior Council of Magistrates. All of these institutions have been created on the basis of relevant laws, compatible with the provisions of international norms. However, in a state captured by the oligarchy, none of them have functioned in accordance with an acceptable model – all have been diverted and subdued to political interests. 

    Should we begin with hiring new people? ​The law enforcement authorities could make relevant inquiries and legal cases only under the leadership of honest, well-meaning and courageous people. However, before hiring new people, it was necessary to fire the people who accepted subservient roles. Now, there is no way to fire the heads of prosecution, courts, and other public authorities unless they write resignation requests or through well-documented investigations that could confirm abuses of office. 

    Prosecutor General Eduard Harunjen, for example, refused to step down from office for several weeks. And when he resigned, the new government met other difficulties: the resistance of the Superior Council of Prosecutors and the overall resistance of prosecutors. When people do not want to leave the system and existing authorities cannot force them to leave, how do you start changes? 

    Should we start with defeating resistance? ​How can you beat the resistance of a captured and corrupt system when you have no law enforcement bodies? Prime Minister Maia Sandu has made several declarations that make it clear to those who oppose reforms that the situation will change anyway. Some statements were threatening, others motivational. 

    “Moldova needs brave people at this time. People who will fight thefts and schemes. And now I appeal to potential candidates for the position of Prosecutor General: We have built the bridge for a reform-minded, brave and honest prosecutor. But it ought to be crossed by people with a legal standing in the field of justice,” said the Prime Minister on September 16, the day the Parliament voted on the amendments to the Law of the Prosecutor’s Office in two readings. 

    Thus the competition for the position of Prosecutor General started, and the person who will be elected for this position could break through the barriers in fighting corruption and bring the long awaited changes in society. But who could stand as a candidate? 

    Vacancy contests, like the governing coalition? In the first 100 days, the biggest disappointments came precisely from the competitions for positions in the Government – although there was a major dispute over the contest for judges in the Constitutional Court (CC) too. Despite the fact that the old configuration of the CC has been criticized for the political membership of some judges specifically, this time the president of the CC has become an exponent of the Socialist 

    Party, the former deputy Vladimir Țurcan. The authorities’ requests to the CC to elect another president have not yielded any results. Why not? Because the principles of integrity and transparency, which are very important for one part of the governing coalition, are overly foreign to other members. Even before having reached 100 days of governing, no one within this alliance denied that the coalition would not last too long, simply because it’s a hybrid and unstable political creation. 

    The cases that snapped citizens’ patience during these 100 days remain unsolved too: the Chișinău Airport, which fell into the hands of Ilan Shor (a figure implicated in the case on the billion theft) through abusive contracts, is being dragged out. And although the Government is trying to dispute the concession contract of the only International Airport in Moldova, at the moment the executive may not have sufficient funding to hire qualified lawyers to deal with an international dispute. 

    The “Billion Case” is in the same situation, both because of the malfunctioning of the justice system and because of opposition within the ruling coalition. Two parliamentarians featured in the Kroll report, Marina Tauber and Reghina Apostolova, were arrested on September 17. But it is precisely the arrest of minor figures rather than key suspects that led to the Government being accused of selective justice. 

    What is the difference between the current government and the previous one? 

    Vlad Plahotniuc has not been seen in public in the last 100 days. There have only been a few posts on his Facebook account. He withdrew from the positions of party leader, coordinator and parliamentarian and his party colleagues organized an extraordinary congress in September, in which another party president –former Prime Minister Pavel Filip –was elected. 

    Plahotniuc’s name was hardly mentioned at the congress, the desire to cast out the former leader was obvious. The great merit of Vlad Plahotniuc was that during his few years in government he revealed the degree to which a party can degrade, to what degree a system can be corrupted, how much fear a political regime can induce and how much the legal system can be damaged. 

    Several experts say that Plahotniuc has not left the system entirely, that he is still in every official who has committed acts of corruption. he is still in every official who has committed corruption, and who will resist and try to remain in office so as not to be punished after dismissal. 

    Here is the great difference: the current government, as well as the succeeding ones in the next 20 years, will probably not do well at this. Maybe later, if the citizens forget about the danger of a totalitarian oligarchy, they will accept again to live such experiences.

    Moldova, a large construction site. Currently, the large-scale construction site that is Moldova looks desolate. Justice, as well as the Prosecutor’s Office, is in a deplorable state: there are vacancies in all public institutions, and citizens are still choosing to migrate, taking advantage of either Romanian citizenship or of the liberalized visa regime with the European Union. Even though some ministerial positions and other government functions have just been occupied by diaspora exponents (people who have worked abroad for many years), the chronic lack of people is felt everywhere. 

    The optimism, which dominated the first days after Plahotniuc’s retreat, is evaporating because of complications arising in the relations between the Socialist Party and the ACUM Bloc, even though these relations have been sealed in a new cooperation agreement. In addition, the upcoming campaign for the local elections in October 2019 brings challenges and visible dissonances in the communication between the two parties of the ACUM Bloc: the Party of Action and Solidarity (PAS) and the Dignity and Truth Platform Party (PPDA). Nevertheless, schools, kindergartens, hospitals, villages and cities continue to work. The current Government is probably the most credible in the eyes of external partners, and the unlocking of external funding has been done in record time. The chain of visits of the current ministers in the European and American chancellery announced the end of the international isolation, as well as showed possible medium and long term development opportunities.​ But​ in the short term, people still complain about an unsatisfactory quality of life: low incomes, weak social guarantees, injustice. 

    What will the next 100 days of governing be like? The next 100 days could be even more complicated for the current government. While the Socialist Party will deal exclusively with local elections, the ACUM Bloc is entering these elections as the sole party responsible for governance and the well-being of citizens. The battles within the Bloc and within the alliance with the socialists will have to be fought on the fly, working even harder to ensure the necessary transformations. There will be a greater need for money to ensure payments, more courage needed to make justice functional, and zeal to restore the confidence of the citizens. 

    Additionally, winter is coming, which may bring troubles with Russian gas, as well as disappointments for farmers, who may not succeed in exporting the required volume of fruits, vegetables and wines to foreign markets. That being said, it looks like the current Government will remain in place. The Socialists would have no arguments for breaking the coalition because they would have neither the resources nor the talent to run this Government without external funding, and at present, the western partners accept the Sandu Government as the only credible Moldovan government. At the moment, Prime Minister Sandu is considered as a guarantee of integrity both domestically and internationally. 

    After another 100 days, however, the winter holidays will come, and the citizens of Moldova will celebrate two days of Christmas, two days of New Year, meaning they have a double faith in the magic of the holidays. Later, work on the site will continue. Experts believe that repairing the current situation might require at least a decade. 

    Alina RADU, alina.radu@zdg.md

    AUTHOR MAIL sandulacki@mail.md

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