A referendum is a public vote by which voters decide on a set question/s. Referendums are one of the most direct forms of democracy and may, therefore, reflect civic participation to a relatively greater degree than less direct forms.
The Electoral Code provides for five types of referendum in Moldova:
- national constitutional: on the revision of the Constitution
- national legislative: on draft laws or their individual provisions of exceptional importance for the society and the state
- on the dismissal of the President of the Republic of Moldova
- national consultative: on issues of national importance when there is a need to consult with the citizens
- local: on issues of major importance for the village (commune), city (municipality), district and administrative-territorial unit with special status (Gagauzia), on the revocation of the mayor of a village (commune) or a city (municipality)
In accordance with the Constitution and the Electoral Code, a referendum may be initiated by:
- at least 200,000 of citizens with the right to vote on constitutional amendments
- at least 100,000 of citizens with the right to vote on other national issues
- at least 1/3 of the members of the Parliament
- the President of the Republic of Moldova
- the Government
- at least 2/3 of the local councillors on the revocation of a mayor
- at least 1/2 of the local councillors on other local issues
- the local mayor on local issues, except for the revocation of the mayor
- the local council on local issues
- at least 10% of citizens with the right to vote, residing in the respective administrative-territorial unit, on local issues
The Constitution states that the provisions on the sovereign, independent and unitary character of Moldova, as well as those on the permanent neutrality of Moldova, may be revised only with their approval by referendum, by a majority vote of the citizens registered in the electoral lists. No revision of the Constitution, and therefore referendum, may be made if it would result in the suppression of human rights or their guarantees. Finally, the Constitution may not be revised during a state of emergency, siege or war.
It is further specified in the Electoral Code that the following issues cannot be decided at the national referendum: on taxes and the budget, on amnesty and pardon, on emergency and urgent measures to ensure public order, health and safety of the population, on the election, appointment and dismissal of persons within the competence of the Parliament, the President of the Republic of Moldova and the Government, as well as those within the competence of the judiciary and the prosecutor's office.
What human rights violation may there be?
If you are either directly or indirectly being prevented from voting, including if your need to vote at home, at a hospital, or a place of imprisonment is not ensuring this right in accordance with the law, or if the referendums themselves are not fair, your right to vote and more generally your right to free elections may have been violated.