iii.       Legislation to ensure implementation of the rule of law should be improved to achieve the following objectives:

v.       The relevant laws should reflect the vital importance of the freedom of expression for a properly functioning democracy and protect independence in broadcasting and in printed media - allowing complete editorial freedom, even-handed tax treatment, free availability of newsprint and equal access to broadcasting and printing facilities and to distribution outlets. For this purpose,

viii.       The Macedonian authorities should, in close co-operation with the Congress of Local and Regional Authorities, work towards implementation of the Charter on Local Self Government, which Macedonia has ratified.

Commitments

Opinion No. 191 (1995), paragraph 9

Measures Taken

Measures envisaged

Commitments honoured

"ii. Laws to ensure the organisation and functioning of the courts and the independence of the judiciary … will be adopted and implemented within a year of accession and will fully incorporate the provisions of the European Convention on Human Rights and its Protocols

 

-legislative reform courts

-increase salaries judges

-extend powers Judicial Council

 

… a new penal code and a new code of criminal procedure will be adopted and implemented within a year of accession

Code of criminal procedure adopted on 11.4.97

   

and will fully incorporate the provisions of the European Convention on Human Rights and its Protocols;"

     

"iii. Laws corresponding to a civil code and a code of civil procedure will have been revised in accordance with the Constitution of 17 November 1991, so as to permit the full flourishing of an "open society" and the functioning of a market economy, and further legislation in this area will move towards conformity with Council of Europe standards;"

     

"iv. Should the constitution be amended, the right to a fair trial will be included in Article 13 of the Constitution";

   

yes

"v. laws on secondary and higher education in accordance with Council of Europe standards will be adopted and implemented in the near future;"

draft law on higher education being revised

“Strategy for Education” by 15 April 2000

 

"vi. The state and progress of legislative reform will permit the signature and ratification, within the delays indicated of the European conventions listed hereunder, and notably, the Charters on Local Government

ratified on 6.6.97

 

yes

and for Regional or Minority Languages;"

signed on 25.7.96

   

"vii. Policy towards ethnic minorities will be further developed and implemented on the basis of the European Framework Convention for the Protection of National Minorities and according to the principles of Assembly Recommendation 1201 (1993) for an additional protocol to the European Convention on Human Rights on this question;

ratified on 10.4.97

   

Commitments

Opinion No. 191 (1995), paragraph 10

Measures Taken

Measures envisaged

Commitments honoured

"i. To sign the European Convention on Human Rights at the moment of accession; to ratify the Convention and Protocols Nos. 1, 2, 4, 7 and 11 within a year; to recognise, pending the entry into force of Protocol No. 11, the right of individual application to the European Commission and the compulsory jurisdiction of the European Court (Articles 25 and 46 of the Convention);"

ECHR and Protocols 1, 2, 3, 4, 5, 6, 7, 8, 11

ratified 10.4.97

 

yes

"ii. To sign and ratify within a year of accession, Protocol No. 6 of the European Convention on Human Rights on the abolition of the death penalty in time of peace, in accordance with Article 10 of the Constitution of 17 November 1991;"

ratified on 10.4.97

 

yes

"iii. To sign and ratify within a year from the time of accession the European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment;"

ratified on 6.6.97

 

yes

'iv. To sign and ratify within a year from the time of accession the European Framework Convention for the Protection of National Minorities

ratified on 10.4.97

 

yes

as well as the European Charter for regional or minority languages

signed on 25.7.97

   

and to conduct policy towards minorities on the principles set forth in Assembly Recommendation 1201 (1993), and incorporate it into the legal and administrative system and practice of the country;"

-Declaration on promotion of inter-ethnic relations in the spirit of tolerance

-Council for inter-ethnic relations

-draft Law on Citizenship being revised

 

"v. to recognise the vital importance of freedom of expression to a properly functioning democracy, and to protect independence in broadcasting and in printed media – allowing complete editorial freedom, even–handed tax treatment, free availability of newsprint and equal access to broadcasting and printing facilities and to distribution outlets;"

Law on broadcasting enacted in 1997

draft Law on public media being prepared

 

"vi. To abide by the Geneva Convention of 1951 relating to the Status of Refugees and its 1967 New York Protocol, and to ensure that asylum-seekers and refugees are not deported to countries where they would be at risk of human rights violations or to any third country without ensuring that they would be given effective and durable protection against return to a country where they might be at risk;

European Convention on Nationality signed on 6.11.97

Law on Asylum in preparation

 

"vii. To ensure that the role and functions of the Prosecutor's Office are in accordance with the rule of law and Council of Europe standards;"

 

amend constitution

 

Commitments

Opinion No. 191 (1995), paragraph 10

Measures Taken

Measures envisaged

Commitments honoured

"viii. To ensure the independence of the judiciary, in particular by protecting judges from unjustified or arbitrary dismissals, and by keeping the operating budgets of the courts under their direct control and by having them approved by Parliament;"

 

amend Constitution

 

"ix. To ensure that the issue of telephone tapping is regulated immediately in accordance with Council of Europe standards;"

 

amend Constitution

 

"x. to sign and ratify, within a year of accession, the European Charter on Local Self-Government,

Ratified on 6.6.97

   

and to study, with a view to ratification the Council of Europe's Social Charter, and meanwhile to conduct its policy in accordance with their principles;"

European Social Charter

+Additional Protocol

+Protocol of amendment signed on 5.5.98

   

"xi. To study, with a view to ratification, and meanwhile to apply the basic principles of other Council of Europe conventions, notably those on extradition, on mutual assistance in criminal matters, on the transfer of sentenced persons, and on laundering, search, seizure and confiscation of proceeds from crime;"

On 28/07/99 ratification of Conventions on:

- extradition

- mutual assistance

-transfer sentenced persons Convention on laundering, search, seizure and confiscation of proceeds from crime signed on 14.12.99

   

"xii. to seek settlement of international disputes by peaceful means (an obligation incumbent upon all member states of the Council of Europe)"

full co-operation with the international community during the Kosovo crisis

   

"xiii. to sign and ratify within a year from the time of accession, the General Agreement on Privileges and Immunities, and its Additional Protocol;"

Ratified on 10.4.97

 

Yes

"xiv. to co-operate fully in the monitoring process for implementation of Assembly Order No. 508 (1995) on the honouring of obligations and commitments by member states of the Council of Europe, as well as in monitoring processes established by virtue of the Committee of Ministers' Declaration of 10 November 1994 (95th session)

full co-operation in respect of four fact-finding visits

   

     

No.

TITLE

date of signature

 

035

EUROPEAN SOCIAL CHARTER

 
 

Signature: 05/05/98

     

128

ADDITIONAL PROTOCOL TO THE EUROPEAN SOCIAL CHARTER

 
 

Signature: 05/05/98

     

141

CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME

 
 

Signature: 14/12/99

     

142

PROTOCOL AMENDING THE EUROPEAN SOCIAL CHARTER

 
 

Signature: 05/05/98

     

148

EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES

 
 

Signature: 25/07/96

     

161

EUROPEAN AGREEMENT RELATING TO PERSONS PARTICIPATING IN PROCEEDINGS OF THE EUROPEAN COURT OF HUMAN RIGHTS

 
 

Signature: 16/11/98

     

164

CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF THE HUMAN BEING WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE: CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE

 
 

Signature: 04/04/97

     

165

CONVENTION ON THE RECOGNITION OF QUALIFICATIONS CONCERNING HIGHER EDUCATION IN THE EUROPEAN REGION

 
 

Signature: 11/04/97

     

166

EUROPEAN CONVENTION ON NATIONALITY

 
 

Signature: 06/11/97

     

168

ADDITIONAL PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF THE HUMAN BEING WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE, ON THE PROHIBITION OF CLONING HUMAN BEINGS

 
 

Signature: 12/01/98

     

1

2 See Report on the observation of parliamentary elections in “the former Yugoslav Republic of Macedonia”, Doc 8257

3 See Report on the observation of presidential elections in “the former Yugoslav Republic of Macedonia”, Doc 8604

4 On the eve of the fourth visit, a governmental crisis in Romania prevented Mr Dumitrescu from coming to Skopje.

5 Report of the Political Affairs Committee, Rapporteur Mrs Lentz-Cornette, Doc 7371.

6 Assembly Opinion No. 191 (1995), paragraph 10.

7 idem, paragraph 9.

8 UNPREDEP's mandate expired on 28 February 1999; its extension for a further 6 months by the UN Security Council was vetoed by China.

9 With 62 seats, the other coalition parties (VMRO-DPNME and DA) were not obliged to invite the PDPA to join the coalition.

10 Mr Ibrahimi (Minister of Labour and Social Welfare); Mr Nasufi (Justice); Mr Bedzeti (Information); Mr Saiti (Local Self Government) and Mr Fejzulahu (without portfolio).

11 Some anti NATO manifestations took place in Skopje, where the US and German Embassies were damaged, allegedly initiated by the Serb ethnic minority.

12 In their comments of 25 January 2000, the Macedonian authorities recall that there is such a lack for all citizens, due to the difficult economic situation. They also stress the fact that in the last years the number of Albanians in all levels of education has radically increased.

13 See ECRI’s country-by-country approach: report on “the Former Yugoslav Republic of Macedonia”, 24 May 1999 (CRI (99) 31)

14 The Macedonian authorities estimate the total number of refugees from Kosovo at 360 000, a temporary increase of the population of 18%.

15 See report on the observation of presidential elections in "the former Yugoslav Republic of Macedonia" (Doc 8604).

16 Since 1 January 2000, Macedonians need also a visum for Slovenia, the Czech Republic and Slovakia, which implement the Schengen Agreement.

17 For a more complete analysis of the economic situation in Macedonia the co-rapporteurs refer to the Report on economic reconstruction and renewal in south-eastern Europe following the Kosovo conflict, prepared by the Committee on Economic affairs and Development (Doc. 8503 and Addendum) and Recommendation 1423 (1999) and Order N°554 (1999).

18 The Ombudsman presented to the co-rapporteurs an English edition of his report, which can be consulted at the Secretariat of the Committee.

19 See document DECS/LRP (97) 17

20 OSCE Doc HCNM.GAL/10/98 of 11 November 1998.

21 According to the President of the “Tetovo University”, diplomas obtained at the Universities of Tirana and Pristina are not recognised either in Macedonia.

22 The Congress’s President has made a visit to Macedonia on 19 – 21 July 1999.

23 See for more detailed information Doc. 8257, report on the observation of parliamentary elections in "the former Yugoslav Republic of Macedonia".

24 Doc 8604