In April of 2008, Pridnestrovie gave Moldova a draft for a new Friendship and Co-operation Treaty [0] between the two countries. Along with the text of the treaty itself, Moldova also got a backgrounder on the political and legal grounds for the Friendship and Co-operation Treaty between the Republic of Moldova and the Pridnestrovian Moldavian Republic, which is the text shown here:

Currently, relations between the Republic of Moldova and the Pridnestrovian Moldavian Republic remain tense, which necessitates the need for an all-encompassing agreement on the framework of bilateral relations.

Both states — after having passed through all possible stages of confrontation, ranging from media- and political pressure as well as direct armed conflict, which led to many deaths, and after having created their own forms of self-government — can now reach an acceptable solution which would be in line with international law and which would take into account existing realities.

Pridnestrovie understands the pressing political need for dialogue and intends to implement the will of the people of Pridnestrovie, as expressed in the outcome of referendums held in 1990, 1991, 1995 and 2006. A natural step towards implementing the decisions taken by the people of the republic would be the signing of a Friendship and Cooperation Treaty between Pridnestrovie and Moldova, which would become the basis of good neighborly relations, peace and stability in this part of Europe.

Prior to 1924, Pridnestrovie had no relation to the Moldovan state. At no time in history was it ever part of the Moldavian Principality or the Province of Bessarabia. Until that time, the territory of Pridnestrovie was instead part of the Russian Empire, Southern Russian provinces and Ukraine.

In 1924, the leadership of the USSR - which did not recognize the annexation of Bessarabia to Romania as legitimate - decided to create the "Moldavian Autonomous SSR" (MASSR) out of Pridnestrovie and some nearby areas in Ukraine. This new ASSR remained part of Ukraine, with its capital in Tiraspol (from 1929).

In 1940, on the basis of the Molotov-Ribbentrop Pact, the territory of Bessarabia was added to this MASSR. The result, which was made up of the merger of part of the MASSR and Bessarabia, became known as the "Moldavian SSR" (MSSR).

This act was in violation of both Soviet laws and local Ukrainian legislation: Among other irregularities, the Soviet Constitution which was in force at the time specified that the territory of a Union republic could not be changed without its consent. No such consent was sought or given. After being illegally included in the MSSR, the autonomous status of Pridnestrovie was liquidated.

As a union republic of the Soviet Union, the MSSR was made up of two parts: The agrarian Bessarabia and the industrial Pridnestrovie. With the capital having been moved to Chisinau, Bessarabia was given priority. There were imbalances in the allocation of both federal and local funds, to the detriment of Pridnestrovie.

The MSSR was a multi-ethnic and multi-cultural union republic, especially in the Pridnestrovian part of its territory. However, in 1989 the Supreme Soviet of the MSSR passed a discriminatory language law which sought to ignore the needs of minority groups and which allowed for dismissals on linguistic or ethnic grounds.

From the late 1980s until the early 1990s, large numbers of the population were focused on reviving the ethnic-cultural identity of the Moldovan and Romanian ethnic groups. With the existence of the Soviet Union, ethnic, cultural, and economic differences were kept in check by Moscow's control. But with the weakening of the central government, and its later demise, these differences now came fully out into the open.

An open unwillingness of Chisinau's new nationalistic authorities to take Pridnestrovie's legitimate interests into account and to seek out compromises led to the need to find better ways of protecting the basic human rights of the people of Pridnestrovie. As can be seen from the relevant officials documents from PMR, between 1989 and 1991 Pridnestrovie proposed a number of forms of co-existence with Moldova, such as the autonomy, the creation of Pridnestrovie as a free economic zone, establishing a federation. However, all of Pridnestrovie's proposals were rejected by Moldova's leaders who sought direct confrontation and use of force. Under these conditions Pridnestrovie was forced to establish its own independent state, which it did on the basis of a popular referendum.

One of the legal grounds for Pridnestrovie's independence was the recognition by the Congress of People's Deputies of the Soviet Union in 1989 that the Molotov-Ribbentrop Pact was invalid and without any legal consequences. This was reinforced in 1990 when the Parliament of Moldova also declared the Molotov-Ribbentrop Pact to be invalid and without legal effect. As a result, the de jure situation which existed until 1940 was restored.

In this way, just as the MSSR was originally created out of two separate parts, now two successor states to the MSSR were created: The Republic of Moldova (on the territory of the former Bessarabia) and the Pridnestrovian Moldavian Republic (as a direct heir to the Moldavian Autonomous Soviet Socialist Republic, the MASSR).

The final break between Moldova and Pridnestrovie took place in 1992 after the Republic of Moldova undertook military action and began armed aggression against the Pridnestrovian Moldavian Republic, killing more than 600 people in Pridnestrovie alone. Thus, the restoration of Pridnestrovie's statehood was the main guarantee of security for the inhabitants of the republic and the safest way to ensure that their rights and freedoms would be upheld.

The nation building efforts of the new sovereign republic of Pridnestrovie and its system of governing institutions began with nationwide referendums that were held throughout the entire territory of Pridnestrovie along with congresses of People's Deputies at all levels.

The first Constitution of the independent Pridnestrovie came into force on 1 September 1991. According to that document, the basic authority of the republic derived from representative bodies at all levels. A separate section dealt with democratic constitutional human rights and freedoms, whose implementation and protection were guaranteed by the state. Based on the Constitution, Parliament was formed and the first direct national Presidential elections were held in 1991. Likewise, the judiciary and a system of law enforcement came into being.

In a national referendum held on 24 December 1995, voters approved a new Constitution which proclaimed Pridnestrovie to be a democratic, lawful, sovereign state with a parliamentary-presidential form of government. Once again, human rights were declared a state priority. In 1995 and 1996, national elections were again held in order to elect Members of Parliament and the President. Following their regular basis, democratic elections again took place in 2000-2001. The creation of a full set of government institutions was completed with the establishment of the Constitutional Court of Pridnestrovie as well as with the functioning of the office of a Human Rights Ombudsman. Regularly scheduled elections were held again in 2005-2006 for Parliament and President.

Pridnestrovie has a fully developed and functioning system of government, which includes the legislative branch (Parliament and local city councils), the executive branch (Cabinet of Ministers), the judicial branch (Constitutional Court, Supreme Court, economic arbitration court, as well as national, city and local district courts), along with the Office of the Public Prosecutor as an independent oversight body and the State Auditing Chamber. Moreover, Pridnestrovie has its own independent monetary system with its own currency, the PMR Rouble.

Based on the above, it is clearly concluded that the Pridnestrovian Moldavian Republic has constructed a viable and self-governing state on the model of democratic states with respect for the rule of law, with respect for human rights, and with the development of a free and open market based on the protection of property ownership.

The foreign policy of Pridnestrovie, including its relations with Moldova, is based on the principles of mutual respect, sovereign equality and non-intervention in the internal affairs of other states.

The negotiating process on a final and fair settlement of Moldovan-Pridnestrovian relations began with the signing of a joint statement by the leaders of Moldova and Pridnestrovie in 1994. From 1994 to 2001, the leadership of Moldova and Pridnestrovie, with the participation of representatives of the the OSCE, the Russian Federation and Ukraine, signed a series of important documents such as:

• 1995 Agreement on guarantees for peace and security maintenance, according to which the parties committed themselves not to use force or the threat of force in their mutual relations. This document is deposited with the OSCE.

• 1996 Protocol decision on the settlement of problems in the field of customs services between Moldova and Pridnestrovie, by which Pridnestrovie obtained its own internationally recognized customs guarantee for import- and export-operations;

• 1996 Protocol on agreed issues, giving Pridnestrovie the right to its own Constitution and laws, as well as its own symbols of state;

• 1997 Memorandum "On the basis of normalization of relations between Moldova and Pridnestrovie," giving Pridnestrovie the right to independent foreign economic activity (free trade), and the right to establish direct cultural, scientific and other links with foreign states. This document was co-signed by the OSCE Chairman-in-office along with the Presidents of Moldova and Pridnestrovie, and is deposited with the OSCE.

These and other documents built a foundation for resolving problems efficiently, particularly in social and economic areas.

Meanwhile, the negotiating format, which provided a forum for interaction and an opportunity to overcome differences, was created and functioned at several levels:
- Presidents of Moldova and Pridnestrovie: The highest level;
- Moldovan and Pridnestrovian commissions for coordination of political interaction: Political issues and the negotiation process;
- Inter-ministerial subcommissions: Economic, humanitarian, law enforcement and other issues.

When the Communist Party came to power in Moldova in 2001, a certain level of progress was achieved in a number of areas. In particular, agreements were reached on the mutual recognition of documents issued by either side, on trust and confidence enhancing measures between military authorities, on co-operation in joint media projects, etc. However, in September 2001 the Moldovan government changed its policy and began implementing a series of confrontational tactics against Pridnestrovie (economic, diplomatic, informational and customs blockades), causing a breakdown in the negotiating process between Moldova and Pridnestrovie.

In the face of a nonfunctioning negotiating mechanism, but in order to maintain a minimum level of political contacts between the sides, the efforts of mediators acting with the participation of Pridnestrovie were able to set up a standing forum for discussing political issues in the five-sided format (Moldova, Pridnestrovie, Russia, Ukraine, and the OSCE), thereby providing a basic level of political contacts between the two sides in the conflict. In 2005, at Ukraine's initiative and with the support of the other participants in the standing forum, the format was enlarged by the inclusion of the United States and the European Union as observers.

On 28 February 2006, Moldova unilaterally withdrew from a regular session of the standing forum whose work was not renewed afterwards. Days later, on 3 March 2006, and without any prior agreement, Moldova unilaterally changed Pridnestrovie's established rules for customs clearance of imports and exports (in place since the 1996 agreement signed with Moldova). This move led to multimillion dollars in losses for Pridnestrovie's economy, transport difficulties and a series of other problems which still today continue to negatively affect the situation.

It should also be kept in mind that Moldova in 2007 announced a number of additional measures aimed at solving the conflict through the use of force and pressure, and without taking the views of Pridnestrovie into account: Requiring Pridnestrovie's imports to pass through Moldova, letting Moldovan forces operate inside Pridnestrovie's borders, clamping down on the free movement of PMR-registered vehicles. Although not yet implemented, the proclamation of these steps negatively affected the overall atmosphere of trust.

At the current time, the lack of trust and other problems which led to the split between Moldova and Pridnestrovie are not solved. On the contrary, they have only gotten worse.

Moreover, a whole new set of problems arose:

- Economic (different privatization methods and, as a result, different models of economic structures, different approaches to private land ownership, separate and independent banking systems, financial systems and monetary systems, etc.);

- Political (Pridnestrovie and Moldova built its own separate state authorities, different political systems and government, legislation based on different standards, etc.);

- Security (each side established its own armed forces, which recall fighting against each other, etc.);

- Socio-cultural (three official languages in Pridnestrovie and only one in Moldova, different educational and social standards, etc.).

Mediators to the status settlement talks have repeatedly attempted to bridge the gap between the parties and to find the best form of peaceful co-existence. It should be noted that as early as 1993, the OSCE Mission to Moldova prepared a report in which it noted the impossibility of solving the Moldovan-Pridnestrovian conflict within the framework of a unitary Moldovan state, and instead recommended an approach using the principles of a federation.

With the Memorandum of 1997, the two sides in principle agreed to explore the possibility of establishing a common state within the overall borders of the former Moldavian SSR as a way of building good neighborly relations between the Moldova and Pridnestrovie. This idea was developed further with the Joint Statement of the participants in the 1999 Kiev encounter, which stipulated that work of the sides towards a "common state" must be carried out through "common spaces" in specific areas: economic-, legal-, defence-, social-, and border issues.

Then, at a meeting in Kiev in July 2002, the mediators advanced the concept of a federation between Moldova and Pridnestrovie as a possible way to solve the conflict. In the process of developing the details, the two sides came close to agreeing on the basic principles and the structure of such a future federal state. The idea of a federation gained new impetus when the two sides established a Joint Constitutional Commission in early 2003, whose task was to develop the basic framework of a constitution for a possible Moldovan-Pridnestrovian federation.

Within the framework of a federal concept the so-called "Kozak Memorandum" was drafted, which was actually developed at Moldova's request and which was based on proposals from the Moldovan side. This document detailed the creation of a federation with a multi-tier system of checks, balances and constitutional safeguards. As it is well known, however, the Kozak Memorandum was nevertheless turned down by the authorities of Moldova in a last minute about-face which cost it serious diplomatic capital.

Starting in the fall of 2004, Moldova openly rejected any talk on building a federation and instead returned to the idea of a single, common state in which Pridnestrovie would be given a status similar to that of Gagauzia, consisting of national and cultural autonomy but without any real rights. Consolidating the offer of mere autonomy as the basis for negotiations, on 22 July 2005 Moldova's parliament passed the "Law on Basic Provisions of the Special Legal Status of Localities from the Left Bank of the Dniester (Transnistria)." The law was passed without taking the views of Pridnestrovie into account and it is not based on the existing realities or on the international legal agreements which had previously been signed throughout the entire negotiating process.

The provisions of the law, envisioning a unitary state, can not be carried out in practice. According to the law, Moldova's negotiators have no authority to engage in a dialogue with Pridnestrovie on any other issues except so-called "democratization" and "demilitarization" of Pridnestrovie. Actual actions taken by Moldova on the subject of a common state show that talk of wideranging autonomy hides an actual downgrading of Pridnestrovie to the status of an ordinary administrative and territorial unit (or district raion) of the Republic of Moldova; a status upon which no long-term and sustainable solution can be based. As a result, the concept of "common state" as it is interpreted by the Moldovan side can not be implemented.

Notwithstanding Moldova's actions, Pridnestrovie still strives to seek compromise and is interested in strengthening of long-term stability and security in the region. It is the firm belief of the Pridnestrovian Moldavian Republic that a viable solution can be built on such principles as:

• Equality of the Republic of Moldova and the Pridnestrovian Moldavian Republic, mutual respect for each other and non-interference in each other's internal affairs;

• Rejection of any unilateral decisions that may become a threat to peace and stability in the region or harm the implementation of political, social, economic and other rights of the inhabitants of both Moldova and Pridnestrovie;

• Inadmissibility of the use of economic, political, informational and other forms of pressures in the relationship between the sides;

• Free movement of people and goods on the basis of mutual agreement and customary international law;

• Sustainable and stable operation of cross-border transportation corridors;

• Retention of the existing peacekeeping operation. Any decision on possible changes must be adopted by a broad consensus of Moldova, Russia and Pridnestrovie;

• An existence of international guarantees in political, economic and other areas.

In accordance with these principles, Pridnestrovie has prepared a draft Friendship and Co-operation Treaty which is based on a realistic assessment of the situation as well as on international experiences of resolving conflicts and building stable bilateral relations.

In particular, Pridnestrovie has closely followed the negotiations over Kosovo while of course not considering the proclamation and subsequent recognition of Kosovo's independence to be a determining factor in its own independence struggle. Nevertheless, the experience of Kosovo is quite valuable in that a number of states recognized the independence of a territory which had been illegally deprived of its autonomous status and which was able to withstand pressure from a metropolitan state.
The example of Kosovo affirmed a number of important trends in the development of modern international relations:

- The international community wants to complete the political and legal dissolution of the former socialist federations of Yugoslavia and the Soviet Union;

- The international community wants stable states with clearly defined borders rather than amorphous state entities where centrifugal forces will prevail in the end (Serbia and Montenegro);

- The right to self-determination is given priority in resolving conflicts which have similar prerequisites.

In addition to the the above-listed international predecents and the agreements already signed in the course of the negotiating process, Pridnestrovie's proposal is also based on a number of legal facts, including the need to respect the right of the area's inhabitants to have a say in their own future. In this regard, the government of the Pridnestrovian Moldavian Republic is obliged to implement the will of the people as expressed in the course of a democratic referendum held on 17 September 2006.

In view of this, Pridnestrovie expects that the signing of a Friendship and Co-operation Treaty between the Republic of Moldova and the Pridnestrovian Moldavian Republic will be the basis for establishing an atmosphere of trust between two friendly nations, by enabling the peaceful resolution of one of the "frozen conflicts" on the post-Soviet territory in accordance with international law and in the interests of the peoples of both Moldova and Pridnestrovie.

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