Association for Democratic Initiatives
REPORT SUBMITTED BY THE ASSOCIATION FOR DEMOCRATIC INITIATIVES ON THE IMPLEMENTATION OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL
MINORITIES IN MACEDONIA
Part 1
General information
A brief review of
the history of Macedonian during the period of 1980-2000
General Economic Indicators
Demographic situation
The public policy
regarding the deference of the National minorities
Undertaken
activities towards the implementation of the Framework Convention
Informing the public opinion about the Framework
Convention
Part 2
Article 1 Article 8 Article 15
Article 2 Article 9 Article 16
Article 3 Article 10 Article 17
Article 4 Article 11 Article 18
Article 5 Article 12 Article 19
Article 6 Article 13 Article 20
Article 7 Article 14 Article 21
First
part
GENERAL
INFORMATION
Republic of Macedonia is a
member of the Council of Europe.
Republic of Macedonia has a
total surface of 25,713 km3 and has 1,945,932 inhabitants according to the 1994
census (2.033,964 according to newer
information).
Macedonia is located in the central part
of Balkans and it borders with FR of Yugoslavia and Kosovo in the North, with
Bulgaria in the East, with Albania in the West and with Greece in the South.
Macedonia is substantive,
sovereign, independent and democratic country, with a parliamentary system of
the governmental constitution.
Administrative structure of the state is divided in 123 Municipalities Local self-governments and the city of Skopje. (As a separate unit consisted of more local self-governments).
Skopje is the capital of
Macedonia.
Bigger cities in Macedonia
are Skopje, Tetovo, Bitola, Kumanovo, Ohrid, Gostivar and Prilep.
The power in RM is divided
on Legislative, Juridical and Executive.
The President of the
Republic represents the country, respectively he is in front of the country and
he is the Supreme Commander of the Armed Forces.
The carrier of the
Legislative Power is the Assembly of the Republic of Macedonia that is single
chambered
The Assembly is consisted of
120 MP-s that are elected by secret voting, the current legislative foresees
election of 40 MP-s by the proportional model wherein RM is one election unit
and 80 MP-s are elected by the majority model. The mandate of the MP-s is 4
years.
The executive power is officiated by the Government, respectively the
Governmental Cabinet (The President of the Government and the Ministers).
RM is a country with a
multiethnic and multi-confessional population. According to the official
results of the last 1994 Census of the population and the household, the
national structure of the population is as follows:
66,5% Macedonians
22,9% Albanians
4,0% Turkish
2,0% Roma
4,6% Serbs, Vlak and others
A large number of the
citizens of RM of all nationalities emigrated in Germany, Switzerland,
Australia, Canada, and Italy and in USA.
In Macedonia the major part
of the population is Macedonian,
In the western part of Macedonia major population are Albanians, and in
some smaller
localities Turkish or other nationalities that live in Macedonia.
A
brief content of the history of Macedonia in the 1980-2000 period
(For the Macedonians, Albanians, Turkish, Roma)
For a better view of the overall happenings and the direction that new
independent Macedonia took in its further development, it is worth mentioning
the last years of the previous system.
It is important to mention the first years of the Parliamentary
Democracy, the period of the independence and some other happenings that took
place after the independence of Macedonia.
In 1989 the Constitution of the Socialist Republic of Macedonia. These
changes meant qualitatively negative change for the state of the nationalities
in Macedonia; respectively they were excluded from constitutionality of the
state. So, as collectivities they were no longer representing a constitutive
element of the state, but only as individuals, but this was not the case with
the ethnic Macedonians.
The
changes made to the Constitution meant strengthening of the special criteria
that were practiced upon the nationalities, especially towards Albanians,
Turkish and Roma. The special criteria were consisted of labeling the capable
Albanians, Turkish and Roma. It all began with the massive differentiation and
discrediting of the intellectual staff. Arrests were made even for banal reasons as for mentioning Albania or the
prominent personalities of Albanian culture or history. As an excuse for the
arrestment reasons as illegal arm possession, singing nationalist songs,
celebrating significant dates of the Albanian culture, etc were used. In the
period of 1981-1989 mass destruction of books published in Tirana took place,
regardless were the authors of the books Albanian or foreign, but translated
into Albanian and published in Tirana. This went so far that even house
libraries were inspected. It was enough for the police to gain information on
possession of such books and to use it as an excuse for inquests and searches
of houses as well as to begin investigations.
As one of the more primitive forms of pressure towards nationalities
was the demolishing of courtyard fences of the Albanian, Turkish and Roma
houses, by the excuse that it is done for reputed cultural emancipation of the
nationalities and for their more successful integration in the society.
The Organs of Internal Affairs composed a list of forbidden names, and
those names couldn’t be personally used. The excuse for this repression was
that by using these names the irredentism and separatism strengthens and the
feeling of mutuality is demolished. The fact that a significant number of the
members of the nationalities were already using these names, respectively they were
given these names before the list of the forbidden names was
composed, was not considered.
The studying
opportunities in Macedonia have rapidly reduced (both in Macedonian language
and in mother tongue), employment in governmental institutional have become
almost impossible, and all this was done using different excuses like
supposedly participating in the Kosova Demonstrations in 1981, (in Gostivar in
1985-7 a massive political differentiation was done to the leading political
and intellectual staff using the excuse that they attended the funeral of
Xhemil Islami killed in a traffic accident, but allegedly with separatist
views), but other reasons/excuses were used like inadequacy of the educational
programme in the University of Prishtina ( most of the Albanian intellectuals
due to the ability to study in their mother tongue had finished their studies
in the University of Prishtina) invalidity of their degrees, etc.
At the time the
number of jobs in enterprises was additionally reduced, regardless the fact
that it was low in relation to the employees who were of Macedonian ethnicity.
The consequences of these are felt even today, namely except the effects the
nationalities felt in that period such as unemployment, forced to migrate to
foreign countries because of the inability to find work, etc., the consequences
of this small inclusion of nationalities in enterprises automatically excluded
the members of nationalities from distribution (privatisation) of the socially
owned mutual property under favourable conditions, for the reason that the
chosen privatisation model favoured the employees in enterprises during the
process of privatisation ( this was also created as a result of the work from
all and by means of self contributions - separate contributions which were paid
by the population as taxes). So that the nationalities participated in this
process with 2-3 %. (Due to this disproportionality with jobs in enterprises,
the Albanian political representatives proposed a privatisation model with vouchers,
where all Macedonian citizens would equally take part in the privatisation and
to redistribute the socially owned property, but the Macedonian Parliament did
not accept this proposal)
There were only a
small number of nationalities that were in the Government of Republic of
Macedonia in the 80’s, only 2%. The state establishment via special means as
well as the stressed Albano-phobia over the last 20 years and especially from
1981-1990 did massive slandering, arrests, murders, driving people out of their
homes, labelling using the state propaganda machinery, but also through
attempts of discrediting the respected representatives of the nationalities in
front of their own people. This was only done to disable them from becoming leaders
of their own people.
The establishment
introduced the term Honest Albanian,
and that was a way to discredit the real leaders while on the other hand the
so-called Honest Albanians were given higher positions in the structures of the
state security. This was done to obstruct the real organisation of
nationalities towards achieving their rights.
The amendments to
the constitution of the R of Macedonia, the inability to find work as well as a
range of other happenings in the society in Macedonia were reasons of an
increased immigration of a great deal from the Turkish population from
Macedonia to Turkey. Although this phenomenon was more expressed in the 60s,
the same is present till the latest times. Those Albanians, who were not
willing to declare themselves as Turks, were forced to find their own way out
migrating to The Western European countries and North America. The Roma
community in R Macedonia in their historic development was always next in this
whole situation. By the end of the 90s, the Roma community almost had no
financial resources, nor special programmes delivered to reinforce both their
financial and educational status. The number of Roma who had higher education
was very small, and Roma people owned no more than 30 craft shops. Because of
this job discrimination they were forced to find alternative solutions to
generate revenues such as illegal trade, begging, etc. All this caused
significantly unfavourable position for the Roma community when redistributing
the socially owned assets from the period of 1990-2000. From the aspect of
political organisation, with the introduction of the plural system in Macedonia
in the year 1900, the first Roma Political Party was established Party of the Full Emancipation of the Roma
PER and the first Roma parliament
member was elected in the Macedonian Assembly.
The election
model (Majority) did not allow proper representation of the Roma in the
Macedonian Parliament. In the second
parliament make up two Roma representatives were elected, but with the new
election decisions and the reshape of the election units, in the third
parliament composition only one Roma representative was elected. Following the
new territorial division of the municipalities, conditions were created for a
Roma representative to be elected for Mayor in the Municipality of Shuto
Orizari (One of the new municipalities within Skopje).
The exact data of
the number of employed, educated as well as officials of the Roma community are
not yet available to the wider public.
Economically and
politically, the minorities have been eliminated from their participation in
the distribution of labour and the material wealth acquired in the socialism as
public capital, working organisations, factories, shops, apartments and land.
They have not received almost anything but all the above remained in the hands
of the Macedonians.
Important dates
about the independence of the R of Macedonia
During the period
of collapse of the FRY on 8th September 1991 a referendum was held in Macedonia
for sovereign and independent Republic of Macedonia.
Following the
referendum, the Macedonian Assembly passed the declaration of independence of
the Republic of Macedonia, on 17th September 1991.
The first
constitution of the R of Macedonia was passed on 17 November 1991.
The Macedonian Assembly
elected Mr. Kiro Gligorov as first president of the Independent Macedonia.
Republic of
Macedonia became a member of the UN in 1993.
The act of
independence of the R of Macedonia was supported by the nationalities and they
saw in it bigger opportunities for achieving their rights and freedom. For
achieving this more adequately, the nationalities of R of Macedonia established
their own political parties.
At the beginning
Albanians established two parties, Party for Democratic Prosperity (PDP) and People’s
Democratic Party (PDP), who at the first free elections appeared jointly. In
1993, due to inter-party discord, as well as for having different views on
solving the inter ethnic relations in Macedonia, a group of politicians left
the Party for Democratic Prosperity and they established a new political party,
The Albanian Party for Democratic Prosperity (PDPA). The same party joined
People’s Democratic Party in 1997 and was establish the existing Albanian
Democratic Party.
The enthusiasm of
the political representatives as well as the overall Albanian nationality in
Macedonia, sprung up when the first constitution of R of Macedonia was passed,
which was against the aspirations of the Albanians as well as other
nationalities. The decisions of the new Constitutions leaded towards
proclaiming R of Macedonia as a National State of the Macedonian people. These
constitutional decisions didn’t meet the political aspirations of the ethnic
representatives and the same people didn’t favour the constitution due to the
above.
As a response to
the disagreement with the adopted model of the Constitution, the
representatives of the Albanian political parties organised a Referendum in
1992, for forming a Political - Autonomous Unit named ILIRIDA.
The response of
the Albanian population to this Referendum was over 90 % and almost 100% of the
voters were for Autonomy.
The emphasised
mistrust in the new political government, who promoted the Macedonian ethnic
component in every aspect of the social and political life, leaded towards
creating mistrust of the nationalities in the institutions of the system, where
by the way, the number of ethnic employees was still disproportionately low.
Also, this leaded to greater objection of the Albanian representatives to the
results of the census of the year 1991, where the number of the Albanian people
didn’t correspond to the figures the Albanians disposed. Consequently, in 1992
People’s Democratic Party and the Party for democratic prosperity conducted a
re-census in parts of the country where Albanian population live. The obtained
results indicated that there are 30 % ethnic Albanians that live in Macedonia,
(it’s also worth mentioning that with the newly passed bill on citizenship as
well as the way of doing the census in 1991, the total number of the population
was reduced to more than 150.000 citizens in relation to the previous census).
The Albanian representatives claimed that these people are citizens of R of Macedonia,
and that most of them were Albanians whose status wasn’t regulated yet.
The new and
existing constitutional legal decisions didn’t satisfy even the educational
requests of the Albanians, so that from the very beginning of the new plural
parliament, the representatives of the Albanian parties stressed their needs
for education in their mother tongue for High Education. The insufficient
response of the Macedonian ethnic representatives to this requests, resulted
with an initiative to establish a third University in Macedonia, where the
lectures would done in Albanian language and the venue in Tetovo (a city in
western Macedonia where Albanians are a majority). This initiative was
supported by the representatives of the Albanian political parties and three
municipalities in western Macedonia whose Mayors were Albanians (Tetovo,
Gostivar and Debar). With the legal regulations for High Education those days,
a right for establishing institutions for High Education had as well the social
and political communities (municipalities).These municipalities on behalf of
the institutions they represented signed the document on establishing a high
education institution in Tetovo. Representatives from several NGO-s, mainly
made up of Albanians also signed this document. This was
due to a educational discontinuation, namely there was a reduction of
educational provisions in the level of higher education, since before the
independence of Macedonia, most of the Albanians studied in Prishtinë
University in Albanian Language
Among the
constitutional decisions, which the representatives of the Albanian political
parties perceived them as discriminating, was also the inability to use
national symbols. Concerning this, the decision made by the Mayors of the
municipalities who had the majority Albanians to use the Albanian flag in front
of buildings of the 23 municipalities resulted with a ban by the Constitutional
Court to use these symbols. The refusal of the Mayors and Councils to enforce
this decision resulted with a mass police action in Gostivar and with smaller
emphasis in Tetovo on 9th July 1997. In this intervention 3000 policemen took
part using fire power, in which two young people were killed and the third one
died the following day from injuries that he received from the police. Over a
1000 people were harassed, beaten up, arrested and insulted in this police
intervention. As a consequence of this intervention was the arrest of the
Mayors and Chairmen of Councils in Tetovo and Gostivar. (The first sentence for
the Mayor of Gostivar was 13.8 years, but the same sentence was reduced to 7
years under the pressure from the domestic and international community).
Subsequently,
there were other trials that were conducted in bad conditions and heavy police
presence and during which the investigation process wasn’t respected at all. It
is worth mentioning that the police intervention followed only a few hours
after the bill on using the flags of the nationalities was passed. This bill
was passed with an urgent procedure that even legally regulated the use of the
flags of the nationalities and was effective immediately. Even though not in
the requested capacity by the Albanian political parties).
Demographic
situation
The population of
R of Macedonia is increasingly growing regardless of the bad social and
economic situation.
According to the
latest registration in 1994, the population of Macedonia is 1.945.932 inhabitants.
Since then the number has increased and reached the figure of over 2 million inhabitants.
The next
registration of the population and households will be held in 2001.
59.8% of the
population live in towns
40.2 % of the
population live in villages
The percent of
the population according to their gender is 51% males and 49 % females
Less than 14
years old of the population are almost 24.9%
From 15 - 64
years old are 66.5 %
Over 65 years old 8.6%
Principal economic indicators
Following the
declaration of Independence, R of Macedonia faced a big number of negative
factors: The old system inherited from the FRY, the
difficulties of the transition from central plan economy to market economy, the
dispute with Greece regarding the name of R of Macedonia and the various
blockades both in the northern and southern border, the collapse of the
federation and regional conflicts (wars) in Croatia, Bosnia and Herzegovina, and
Kosovo, all of these led to big confusions in the business and economy.
The gross home
production in the first years of independence of Macedonia was very small, but
after 1995 we have growth in the GHP.
In 1999 the total
Gross home production was 183,908 million denars, and the gross domestic
product per inhabitant was 1.801 dollars.
The monthly
revenue in the year 2000 was increased by 8.6 %
The number of
unemployed in 1998 was 258.900 persons, whereas in the year 2000 is 336.000
persons.
Public policy in terms of protecting the national
minorities
A legal base on
developing a policy for enhancing the status of the nationalities including
activities aimed at knowing the needs of the national minorities, are outlined
in the Declaration of independence of the R of Macedonia in the Constitution of
the RM from the year 1991 and in other legal acts adopted by the Assembly of
the RM.
A big number of
international documents and protocols from the field of human rights and
minorities, RM has signed (most of them) and ratified such as:
Universal
declaration on human rights,
International
convention for civic and political rights supplemented with a shadow protocol,
a declaration at
the general assembly of UN on the 47th session for the rights of persons who
belong to national, ethnic, religious and language minorities,
The section on
human rights from the final act at the OSCE meeting (Helsinki 1 August 1975),
Hague
recommendations on the rights of the minorities in the field of education
Oslo recommendations
about language rights of minorities and other international documents.
Republic of
Macedonia signed the FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL
MINORITIES on 25 July 1996. This was also ratified by the Macedonian Assembly
on 10 April 1997 and was effective on 1 February 1998. According to article 9
from the Constitution of the RM, the Framework convention became part of our
national legislative.
Whilst it is a signatory of
these documents, the public policy of RM towards the nationalities is pretty
restrictive and the achievement of obligations that come out from the these
signed documents will be shown in public adversely, like these are obligations
that are required by the International public, not like activities with which
the living conditions will be improved to a part of citizens of the country.
The control for
respecting the legislative, for securing the human rights and the rights of the
national minorities enforces the Constitutional court of RM and People’s
Attorney.
The Assembly has
founded a Council for inter ethnic relations. This Council is consists of the
president of the Assembly, two members from each nationality, Macedonian,
Albanian, Turkish, Roma, Vlak community and two members from the rest of the
nationalities.
These Council
reviews issues on inter ethnic relations and gives views and suggestions for
their resolution. The Assembly is obliged to review these views and suggestions
and to make a decision about them.
Ditto, there is a
working body Inter ethnic Relations
Committee within the Assembly.
In the year 2000,
the Macedonian President met the leaders of every political party of all
nationalities for reviewing the situation with the state security of Macedonia
and many other issues related to the inter ethnic relations.
Direct activities
for implementing the Framework Convention
There are no
specific activities undertaken in RM to implement the Framework Convention in
the domestic legislative.
Informing the public about the Framework Convention
The citizens of
Macedonia are inadequately and untimely informed about international legal
documents for human rights and for protection of national minorities. These
activities are most frequently promoted by NGO.
The text about
the Framework Convention for protection of national minorities was published in
the official gazette of RM no. 11/97 on 11 March 1997. But the Macedonian
Government didn’t hold any promotional activity.
An Albanian MP at
the Macedonian Assembly raised the initiative for ratification of the European
Convention for Regional and languages of the minorities during 2000, but the
Parliamentarian majority and the Government rejected it. The government then
announced an initiative for adopting the domestic legislative with the
Framework Convention for the Protection of National Minorities and that the
ratification of the convention for regional and languages of the minorities
will be next on the agenda. So, this is the first time the government to
announce some measures towards adapting the domestic legislative with the
obligations that come out from the Overall Convention for protection of
national minorities. But, no accurate information on which parts of the
legislation and about which parts of the Framework convention were given.
Part II
Article 1
Protection of national minorities and the rights and
the freedoms of those minorities are an integral part of the international
human rights watch and, as such, represent an area of international
co-operation.
In the area of
protecting the national minorities and the rights and a freedom of subjects of
those minorities, RM co-operates with the following international
organisations: UN, OSCE, Council of Europe, UNESCO, etc.
RM is a member of
the Council of Europe from 9th of November 1995.
RM has signed and
ratified the following international documents, which relate to the
protection of the
rights of nationalities.
1. The European
Convention for Human rights and basic freedoms
Ratified
14 April 1997
As well as
protocols 1,2,3,4,5,6,7,8 and 11 of this convention
2.The European
Convention for Local self-government
Ratified 6 June 1997
3. The European
Convention for Torture Prevention and inhuman behaviour or
punishment
Ratified 6 June 1997
As well as protocols 1 and 2 of this
convention
4. The Framework
Convention for the Protection of National Minorities
Ratified 10 April 1997
5. The
International Convention for civil and political rights
effective from
18 January 1994
6. The
international convention for economic, social, and cultural rights.
effective from 18
January 1994
7. The
international convention for eliminating all forms of racial discrimination
effective from 18 January 1994
A declaration for
recognising the power of the Committee according to article 14 from the
convention
effective from 22 December 1999
8. The
international convention on the rights of the child
effective from 2
December 1993
According article
9 of the Macedonian Constitution, all citizens are equal in front of the Constitution
and the Law.
Taking account
the fact that the rights of the national minorities are an integral part of the
human rights and the ability to apply their own entitled rights in the requests
for protecting their rights is guaranteed for those persons who are national
minorities.
According to
article 50 from the Macedonian Constitution every citizen has a right to be
defended in front
of the courts of law and the Constitutional court of RM.
The right to
appeal is guaranteed against individual legal rights passed with the procedure
of the court of original jurisdiction, in front of courts, administrative body
and other institutions.
Every one has a
right to require protection for their rights from the authorised
representatives for human rights from the Assembly.
Every one has a
right to require protection for their rights and freedoms from the international
judicial institutions or from other organisations, which RM is a member of.
The protection
issues and the promotion of the rights and freedoms of the national minorities
as part of the International human rights watch are mainly treated by the NGO-s
as well as by the political parties of the nationalities. Predominantly, the
government does not have a positive response to these requirements, so that
alternative routes are sought for their promotion such as, co-operation with
international human rights organisations and with international
intergovernmental institutions that are concerned with their protection. So
that mainly, even those improvements made in terms of improving the national
minority status are as a result of suggestions and pressure made by the
international community.
There is
awareness on the relevance to the protection of the rights and freedoms of
national minorities and achieving the general determination for protecting
human rights. But, the protection of
national minority rights does not represent an important component of the
International
co-operation of Macedonia. However, the Macedonian diplomacy is much more
interested in achieving international co-operation for protecting the rights of
the Macedonian minorities in other countries rather the nationalities that live
in Macedonia or are Macedonian citizens with a temporary residence abroad. As a
result, the minorities in Macedonia are trying themselves and through NGO-s to
co-operate with international organisations in the area of protection and
promotion of their rights and freedoms.
Article 2
The provisions of this Framework Convention will
consciously be enforced, in the spirit of understanding and tolerance, as well
as respecting the principles of a good neighbourhood, friendly relations and
co-operation between countries.
The Macedonian
Constitution in article 118 says: International agreements that are ratified in
accordance with the Constitution are part of the internal legal order and
cannot be amended by a bill.
In accordance
with the above, the obligation of the majority (the country) emerges, in
relation to guarantee their social, political, cultural and language rights to
the national minorities, but also how to adapt its own Constitution and
domestic legislative for the obligation that arise from the signed Framework
convention as well as other international agreement in terms of protection and
promotion of the rights of national minorities.
Within the
Macedonian Assembly, an international relations committee is established which
reviews issues from the area of international relations in the country and
gives opinions and suggestions on their resolution.
We can also say
that the Macedonian Constitution in terms of the national minorities’ rights
relatively corresponds with the provisions of the Framework convention, but
this does not apply to the actual bills that regulate this topic.
The Macedonian
Government is showing a little willingness to review and tackle the problems
and requirements of the national minorities.
The Macedonian
Constitution and laws are rarely enforced till the end by state institutions as
an executive power. The implementation of the Constitution, the law and the
international obligations is avoided or delayed.
Article 3
1. Every subject of a national minority has a right
to freely choose or to be treated as such and no damage should come out from
that choice or from carrying out the rights related to that choice.
2. National minorities can individually or together
with others to carry out their rights and freedoms that are as a result from
the principles of this Framework Convention.
Paragraph 1
One of the
fundamental values of the Macedonian Constitution also is free expression of the national minorities (a right to choose) art.
8 from the constitution. Which means that the expressiveness of the national
minorities is a right guaranteed by the Macedonian constitution from 1991.
As far as the
question is concerned, whether national minorities can freely utter their
national background without being discriminated or treated with certain
prejudices from other ethnic groups, there are various views and circumstances
for every nationality in RM:
Albanians in RM
can freely express themselves as Albanians without being discriminated or treated
with certain prejudices from other ethnic groups.
When one asks
Turks this question the situation is the other way around. Namely, their expressiveness
as Turks is often not accepted from other ethnic groups, with excuses that
there are no Turks here, how come we have Turks here? There are Turks in
Turkey, etc.
These denying of
Turks and their ethnic background is also done by other nationalities that live
in Macedonia e.g. that those they say are Turks, actually are not Turks, but
assimilated Albanians who at the time of the Turkish rule were Albanians then
they became Turks... These statements are frequently present at the Albanian
nationality, even at respected Albanian persons.
As far as the
Roma are concerned- firstly, what needs to be said is that they live in urban
places in RM with mixed ethnic population. Every one from the Roma Community
has a right to express themselves as Roma, but in practice often happens that
they declare themselves to belong to another ethnic group so that they could be
accepted from other ethnic groups. This would allow them to obtain benefits
that are as a result of that declaration and to meet their social and economic
need easily. Examples like this one can find in places where Roma people are a
minority and the neighbourhood is majority and vice versa in places with majority
of Roma they declare themselves as if they belong to the Roma community.
With the
guaranteed constitutional right to express in their national background, every
one can express themselves as they please, but this does not apply in practice.
If Albanians or Turks declare that they belong to another group, they get
rejected from their own ethnic group (because there could be consequences
within their own group).
In cases when
Roma declare that they belong to another ethnic group there are no complications
from their ethnic group, but when they declare that they belong to another
religion, they encounter problems and get rejected from their Roma community.
If we answer the
question whether national minorities can change their religion with no implications
from the subjects of their own ethnic group, the answer is negative for all
minorities, because the change of religion is not accepted just like that.
There could be serious consequences for those who want to change their
religion. They could be rejected from everyone (the examples on changing
religion are very rare in Macedonia).
According to the
Constitution, every person has a right to freedom in terms of his or her religion
that’s the determination of the person.
Paragraph 2
Paragraph 2
outlines the rights and freedoms that arise from the principles stated in this
Convention. These can be achieved individually and in group together with the
other ethnic nationalities.
The constitution
and the Law guarantee the rights to all nationalities as well as the majority.
As far as the right is concerned that all rights are the same to everyone, then
the situation is different here.
The right to
unite in political parties and participation in political life is allowed. The
right to form different associations of citizens and foundations is allowed.
The right to express religion is allowed. The right to use the language and
culture in groups with others is allowed, but it should be stated that there are
also restrictions both in the individuality and in group with others, i.e. The
right to use the language and national symbols is limited in most areas of social
life. In the very preamble of the Macedonian Constitution the individual right
of equality for all citizens of Macedonia is broken in relation to the
collective ones. Namely, although the nationalities are equal according to the
constitution and the laws like the majority of people, as collectives they are
not equal. The preamble promotes Macedonia as a national state of the
Macedonian people, hereby puts other collectives in a subordinate situation.
Article 4
1. The parties are obliged to guarantee each subject of
the national minority the right of equality in front of the law and equal law
protection. Concerning this, every kind of discrimination is banned based on
the background of the nationalities.
2. The parties are obliged, if necessary, to take
appropriate measures for promotion in all areas, economic, social, political
and cultural life, to a full equality between the majority. In this view, they
will take care of specific conditions of the national minorities.
3. The measures accepted that according to paragraph 2
are not regarded as act of
discrimination.
Paragraph 1.
The right of equality
in front of the law for all citizens is set in article 9, paragraph 2 in the
Macedonian Constitution, which says Citizens
are equal in front of the law. There will not be privileges based on gender,
race, colour of the skin, national and social background, political and
religious belief, the property or status in the society, etc.
There are no legal provisions in Macedonia to ensure
that Albanians, Turks, and Roma are treated equally in front of the law with
other nationalities or the Majority.
It should be
underlined that there is hidden discrimination to Roma, where the ignorance of
Roma is abused and their rights that they enjoy according to the Constitution
and Laws of RM are not shown to them.
Macedonian laws
are equal for all citizens and national minorities in the country and there are
no legal requirements that outlines other conditions for Albanians, Turks, Roma
for gaining some rights, special sanctions for conducting certain activities or
undertaking certain activities.
Theoretically,
the nationalities are equal with the majority (Macedonians) according to the
law, but when one sees the reality i.e. the practice is completely different,
because everyone (Albanians, Turks, Roma) are not treated equally by the
government officials (this does not apply to all institutions). Most of the
national minorities have always been harassed and signpost to wrong places or
teased because of their ignorance of Macedonian language or their illiteracy.
Examples: Issue
of personal documents, certificate of citizenship, the regional ministry of
internal affairs (the police) in Gostivar, does it with only 3-4 owns employees
(these employees in the police serve more than 120.000 inhabitants). And when
you consider the fact that most of these documents are also necessary to
achieve their rights and obligations in front of other bodies and institutions
in the country. Then, one can conclude that with the small number of employees
in the police, long queues are created and it’s very hard to obtain those documents.
This happens only in those towns where the majority of people are the
nationalities or in a considerable number.
Ditto, there is
correct treatment for Albanians, Turks and Roma by a small number of policemen.
The relationship of the police with the national minorities is notably
different from the relationship to Macedonians. Often, these policemen do not
fully comply with the rules of their service when it comes to nationalities.
There is often
the open opinion that the police is the one that should protect the country
(i.e. the majority) from the nationalities.
There are many
examples on this. The police behaviour in the Gostivar intervention on 9th
of July 1997 was very bad. During this intervention the police harassed only
the nationalities, and when they would bump into Macedonians, they would not be
detained, interrogated or harassed, but having found out their national
background they were immediately released. During this intervention the police
also raided the Turkish residencies that were harassed and apprehended, even
though the Turks and the Turkish political representatives were not involved in
this. Also, a few Roma were physically harassed who accidentally found
themselves in the place of the fight and chase. These statements were not heard
out both by the police and the court, but they were far from accepting them as
such and true although there were witnesses to verify that.
Another example
of this type of police intervention is in Aracinovo, in which only Albanian
houses were broken in and only they were harassed, even though Macedonians inhabited
the village, too. They were not subject to the police intervention. These types
of interventions called as special treatment happened also in Radolishte, Bit
Pazar, etc.
It should be stated
that during these interventions, the police used force in entering Albanian,
Turkish and Roma houses, without having valid court orders. They got often harassed
even in front of their family members.
As for Roma, most
people believe as well as the police that they steal, lye, are unclean, etc.
They are treated badly too, but mostly their illiteracy is abused by the police
or again by the Administration.
There is no
special treatment from judges towards national minorities, but in practice they
face different problems. Court procedures for nationalities take too long and
there are examples of breaking the law when conducting court proceedings. In
certain cases Albanians, Turkish and Roma face enormous problems in achieving
their rights of court protection. In every democratic country, if the citizen
has no financial ability to pay a lawyer, the state provides him one. The
situation is different in Macedonia. In criminal procedures the state provides
a lawyer, but in civil offence procedures (which by the way are most frequent)
does not provide citizens with a lawyer.
The attitude of
the Macedonian judges to national minorities is mainly pursuant to the
Constitution. But, in certain occasions where political cases are involved and
the Macedonian authorities concerned we have indications and examples that they
are inclined to the authorities and follow certain instructions from their
superiors.
Criminal
defendants are enabled to an appropriate defence, the court hears them out,
they show patience, and they are not hostile.
There are no
substantial differences in bringing verdicts, but yet there are differences in
the amount of the verdicts.
With the decision
of the Constitutional court on 21 June 1999, the articles on criminal and civic
laws were abolished, which regulated the ability to communicate in the court by
the party in his/her own language (language of the nationalities).
Paragraph 2
The social status
of national minorities in RM is bad. The country has not taken the necessary
measures to improve their economic status.
In parts of
Macedonia where majority is Albanians, Turkish, Roma (Western Macedonia) the
bigger part of the local infrastructure is built with co-funding or very often
self-funding. Very small portions from the funds awarded to RM in forms of
various credit lines or donations and assistance from governments of more
developed countries and humanitarian organisations have been used for improving
the living standard of the national minorities. It should be stressed that the
country provides social assistance to all people who need it regardless of
their national background.
For raising the
social status of Albanians, Turkish and Roma in relation to the majority, the
country has not taken any measures or activities.
Most frequently
Albanians continue their studies on their own initiative. Every year the number
of young Albanians who continue their studies is increasing both in the country
and abroad.
The percent of
educated Turks with high school or college is very small. Following the
elementary education most Turks look forward to continuing their studies in
high schools, but the limited classes in high schools in Turkish language
reduces the number of students. In higher education in the Country the percent
of quota for Turks is 4 %. This is a reason that many Turks student leave the
country and study abroad (most in Turkey).
The percent of
educated Roma is also small. After finishing their elementary school, the
number of Roma students that enrol in high schools is as well very small. And
the number of Roma who continues their Higher education is exceptionally small.
The country has
tried to find possibility for positive measures, to offer some benefits to
national minorities for enrolling at faculties and that with a bill on
enrolling in high schools and universities where a quota is foreseen for
nationalities to enrol. This bill did not improve anything regarding the number
of Roma that should enrol in faculties. This possibility was used by other
nationalities, non-Roma, on their behalf, which on enrolment declared them as
Roma in order to achieve their interests. This also happens because the country
has not worked out a method, which would prove that the candidate who enrols in
the faculty is a Roma.
The Roma in relation
to other nationalities in RM are stagnating in achieving and developing their
educational and cultural rights. On the other hand, if they did not do that
would be in the same start position with other ethnic groups.
The country has
not taken measures for bigger involvement of nationalities in the political
life and political action, but the law allows them to set up their own
political parties and take part in the political life through them. Albanian
political life and action is more active, unlike Turks and Roma where the
political life is very poor.
In terms of
culture, the country has done very little or nothing to improve the cultural
life of national minorities. There are no educational institutions. A five-year
national plan on cultural activities has been designed, but the nationalities
are mentioned very little there, no theatre shows organised for most
nationalities, etc.
Cultural artistic
groups of national minorities have been funded from their own budget. The
Ministry of culture does not set aside anything from their budget for these
activities. The only thing the Albanians, Turkish and Roma get from the country
in terms of culture is The Theatre of Nationalities. It should be stated that
performances in this theatre are very limited.
Paragraph 3
The country has
not taken specific measures for creating equal opportunities for educational,
vocational and cultural development of the national minorities except for the majority.
Article 5
1. The
parties are obliged to promote their conditions in order to allow the national
minorities to preserve and develop their culture, as well as to preserve
substantial elements of their identity, religion, language, traditions and
their cultural heritage.
2. Not
involving in the measures that are undertaken for conducting their general
integration policy, the Parties refrain from any policy whose purpose is
assimilation of the national minorities against their will and will protect
those nationalities from any action whose purpose is such assimilation.
Paragraph 1
The Macedonian
Constitution guarantees all citizens of Macedonia freedom of expression of
nationalities, freedom to use their national culture and freedom to use their
own language and to alphabet article 8 from the Macedonian constitution.
The determination
of the person in respect to their religion according to their own conscience
and free will, freedom of their creed, article 19 from the Macedonian
constitution.
According to the
above, the national minorities are guaranteed the right of expressing their
culture, religion, language and traditions, but this is not fully so in
practice. The government does not ban the Albanians the expression of culture,
religion, language and tradition, but limits it. Only in One out of 33 high education
institutions in Macedonia the Albanian language is used that is the Faculty of
pedagogy since January 1997. Partially, the Albanian language is used in the
Faculty of artistic plays as well as the chair of Albanian language at the
University of Cyril and Methods in Skopje. ( It should be stressed that with
the law on the Faculty of Pedagogy many reactions were caused by the
Macedonians. 300 University professors signed a petition against teaching in
languages of the national minorities in this faculty, whereas students and high
school students started a hunger strike in front of the Macedonian Assembly).
The Turkish
nationality has a right to attend the classes in Turkish language only in one
High education institution that is in the Turkish language chair, Faculty of
philology at the university St. Cyril and Methodius in Skopje.
The state
administration so far has not shown willingness for supporting the development
of cultural values and the tradition of national minorities. Also, has been
reluctant to take any measures or activities towards assuaging the great
difference that exists in creating cultural and artistic values.
The state does
not fund construction of cultural or religious facilities, not even the traditional
presentations organised by Albanians, Turks and Roma.
With one word, we
can say that these legal acts does not prevent the expression of national
minorities, but in practice does not support them at all and does not show
interest on their development and preservation.
Paragraph 2
From the time
period of 1945-1990, the country has taken measures towards assimilating the
Albanians into Macedonians e.g. Upper Gostivar Reka (a village) Albanians
orthodox have almost been assimilated. These examples were more notably in
Bitola, Krushevo, Skopje valley, etc. Whilst the older Albanian generations in
these towns have used and are using the Albanian language in their every day
life, the younger generations introduce themselves and feel like Macedonians
and use the Macedonian language and handwriting. The Turks face the same
threat, but the country does this assimilation gradually, especially in the
regions where Turks live and speak Macedonian language. The Country does their
assimilation by defining them as Macedonian Muslims, even though they declare
themselves and feel as Turks (like; Rostushe, Debreshte, Plasnica, etc.)
As far as the
Roma are concerned, the country has not taken any activity towards assimilating
them with force into the majority ethnic group, but has not even taken any
activity, which would prevent their assimilation into Albanians or Turks as
bigger ethnic groups. The country also has not taken measures to explain or
clarify the difference between ethnic and religious background. The Roma share
the view that they are Turks because of the Muslim religion; this view is more
present in the eastern part of Macedonia. This way of thinking is due to not
understanding the difference between their national background and their
religion.
Article 6
1. The parties will encourage the spirit of
tolerance and the intercultural dialogue, and will also take efficient measures
to promote mutual respect and understanding and
co-operation between all persons that live in their
territory, irrespective of their ethnic, cultural, language, and religious
identity, especially in the field of education, culture and media.
2. The parties are obliged to take appropriate
measures to protect persons who could be victims of threat or act of
discrimination, hostility or violence because of their ethnic, cultural,
language and religious identity.
Paragraph 1
In every
democratic state where national minorities are present, one of the state
priorities is the development of the spirit of tolerance and intercultural
dialogue. In this context RM makes efforts to make this relationship to be
tolerant theoretically, but in reality i.e. the practice is far away from
expectations and real needs.
In terms of
education in practice, no step has been taken to promote them regarding the
spirit of tolerance and the intercultural dialogue. For example, the enrolment
policy for Albanian students who graduate from their elementary education is
that for one empty place in high school apply five students, which is not the
case with students from Macedonian nationality, in which for three empty places
applies only one student. This means that 57% Albanians who have finished their
elementary school proceed their education in high schools whether Albanian
language or Macedonian, compared to Macedonians 95% of which proceed their
education in high schools (these information are valid for the study year
1999-2000).
In terms of
education, the spirit of tolerance and intercultural dialogue towards the Turks
is not completely enforced.
There are still
problems with publications in RM about school books for elementary and
secondary schools both in Albanian and Turkish language (at the end of 2000 and
beginning of 2001 the Albanian Association of Publishers protested against the
monopoly of the publishing house Prosvetno Delo as well as for the small span
of the Albanian culture and art in Albanian school books and required from the
state to assign them Albanian publishing houses in Macedonia). The publication
of books in Turkish language for basic high school literature is also limited.
So that, high school Turkish teachers, due to the lack of Turkish language
literature, try to use Macedonian language books or to translate the book in
Turkish and to dictate the books to students.
The Roma, in
terms of education the spirit of tolerance is small. As far as the
intercultural dialogue is concerned, there is almost no contribution towards
its development or encouragement.
It should also be
stated that even though national minorities significantly learn the history,
language and the culture of the majority of people in RM, in Macedonian
language books the history, literature and culture of the national minorities
has not been mentioned at all. Even when it is mentioned, it is represented as
foreign, not as culture, literature and history of there own fellow countrymen.
The role of the
media in the intercultural dialogue and tolerance is very important. But, there
have been no necessary measures taken by the country to regulate this and the
presentation of nationalities both in the press and media to be in correlation
with the needs for achieving this dialogue.
The presentation
of Albanians, Turkish, and Roma in the state radio and TV is very small. Macedonian TV (MTV) shortens the expression
of nationalities in the media, e.g. The Albanian language programme is
broadcast three hours every day from 16:30- 19:30 and 10 minutes news coverage
at the evening hours in second channel of MTV. In Turkish language, one and a
half-hour every day, from 15:00-16:30 and that on the second MTV channel, but
we should also look at the fact that the rating of TV viewers at this hour is
very poor.
The Roma have the
least presentation on TV, only two times a week they broadcast news in Roma
language lasting 15 minutes each, which means that 30 minutes a week is not
enough to broadcast programmes in Roma language and there is none.
Albanians have
present themselves in the press with only one state newspaper FLAKA that used
to print only three days a week, whereas now it is printed daily. Also there is
a private newspaper FAKTI that is also a daily newspaper.
The Turks have
the State newspaper BIRLIK that is printed out three times per week in Turkish
language. This shortens the rights of Turkish journalists from free expression
and at the same time cannot provide objective information to the Turkish
population because the newspaper is being checked by the state. It should also
be said that despite the constant request from the Turks that there is a need
for this newspaper to be published on a daily basis, the state remains passive
on this request. Turks also have their own private newspaper VARDAR.
The Roma have no
daily or weekly newspaper in RM and the state does not take care of that at all
to inform the Roma population in any way. and the language to be understandable
and in their own language. In respect to this the state remains deaf and blind
and does not do anything to bring the Roma in the same level as the other
nationalities.
The spirit of
tolerance and intercultural dialogue in the political structures is pretty much
variable. As far as the Albanians are concerned, they participate with a
certain number in the