Doc. 8669
15 March 2000
Honouring of obligations and commitments by
"the former Yugoslav Republic of Macedonia"1
Report
Committee on the honouring of obligations and commitments by Member
States of the Council of Europe (Monitoring Committee)
Co-rapporteurs: Mr Cristian Dumitrescu, Romania, Socialist Group and
Mr Juris Sinka, Latvia, European Democratic Group
Summary
"The former Yugoslav Republic of Macedonia" acceded to the Council of Europe on 9 November 1995. The Assembly's monitoring procedure was opened on 25 April 1997.
The Assembly welcomes the progress that this member state has made in honouring its obligations and commitments as a member state, notably as regards ratification of Council of Europe conventions. It congratulates the Macedonian nation on its hospitality towards the refugees all through the Kosovo crisis, its restraint and its determination to maintain democratic stability, as well as its co-operation with the international community, all of which has contributed to easing the dangerous situation in the Balkans. It decides therefore to close the monitoring procedure concerning "the former Yugoslav Republic of Macedonia".
At the same time, the Assembly encourages the Macedonian authorities to bring to a successful conclusion the initiatives they have taken on several issues such as integration of the ethnic minorities, in particular the Albanian minority, independence of the media, reform of the judiciary and education systems, improvement of the rule of law and local self-government. For this purpose, it will pursue its dialogue with the Macedonian authorities.
It recommends that the Committee of Ministers (i) invite the member states to help "the former Yugoslav Republic of Macedonia" restore its economy as quickly as possible, in accordance with the Stability Pact for South-Eastern Europe and (ii) step up the assistance of the Council of Europe in the revision of legislation in respect of higher education, citizenship, media and police training.
I. Draft resolution
1. The Assembly congratulates the Macedonian nation on its hospitality towards the refugees all through the Kosovo crisis, its restraint and its determination to maintain democratic stability, as well as its co-operation with the international community, all of which has contributed to easing the dangerous situation in the Balkans. In doing so, Macedonia has honoured in an exemplary way important obligations as a member state of the Council of Europe and its commitment to seek settlement of international disputes by peaceful means.
2. The Assembly commends Macedonia on having preserved the fragile equilibrium between the Macedonian majority and the ethnic Albanian minority and encourages both sides to continue striving for full integration of this and the other minorities, within one state respectful of all citizens' rights and freedoms.
3. The Macedonian authorities have put in train many creditable legislative initiatives, not only to meet commitments to the Council of Europe but also to implement a policy of rapprochement with the European Union and NATO. These initiatives, if they have been interrupted during the Kosovo crisis, should be re-launched and where necessary accelerated.
4. The Assembly regrets that following a delicate compromise reached within the framework of the United Nations, Macedonia has still to be referred to as "the former Yugoslav Republic of Macedonia".
5. In accordance with its commitments, Macedonia has signed and ratified the European Convention on Human Rights and the required Protocols, as well as the European Convention for the Prevention of Torture and Inhumane and Degrading Treatment or Punishment, the Framework Convention for the Protection of National Minorities, the General Agreement on Privileges and Immunities - with Additional Protocol, the European Charter of Local Self-government, the European Convention on Extradition, the European Convention on Mutual Assistance in Criminal Matters and the Convention on the Transfer of Sentenced Persons. Macedonia also signed and ratified the Criminal Law Convention on Corruption.
6. Macedonia has signed, with a view to ratification, the European Charter for Regional or Minority Languages, the European Convention on Nationality and the European Social Charter and Protocols and the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.
7. The Assembly of the Republic of Macedonia has adopted a Code of Criminal procedure.
8. The right to a fair trial has been included in Article 13 of the Constitution.
9. Legislation is being prepared in the fields of higher education, citizenship and public media.
10. Moreover, the Macedonian authorities have honoured their commitment to co-operate fully with the Monitoring Committee and its co-rapporteurs in the framework of the monitoring procedure.
11. The Assembly understands and accepts that during the conflict in Kosovo and in the aftermath of the crisis, among the commitments listed in Opinion No. 191 (1995), priority was given by the Macedonian authorities to Macedonia's humanitarian obligations towards the refugees and displaced persons from Kosovo and that action to honour other commitments was temporarily interrupted.
12. Within the Stability Pact for South-Eastern Europe, which the Assembly welcomes as an appeal by the international community to the states in the Balkan region to work together to ensure the stability and economic development of the region, Macedonia should now continue its efforts to honour its outstanding obligations and commitments as a member state of the Council of Europe.
13. In this respect, the Assembly encourages the Macedonian authorities to bring to a successful conclusion the initiatives they have taken on the issues listed hereafter:
i. The primary focus of any government action should be the integration of the ethnic minorities, in particular the Albanian minority, in accordance with the provisions of the Framework Convention for the Protection of Minorities, which Macedonia has ratified, and the principles set forth in Recommendation 1201 (1993). For this purpose,
a. facilities for the education and training of the Albanian and other minorities in their own language should be improved and provision for such improvements should be made in the new laws on further education;
b. the use of the Albanian language in the courts, in social and welfare institutions and elsewhere in public life should be facilitated in accordance with the European Charter for Regional or Minority Languages - which Macedonia should ratify;
c. incidents involving ethnic groups, such as the killing of three Macedonian police officers in Arachinovo in January 2000, should be settled in an objective, efficient and transparent way, so as to avoid these incidents being used to disturb the ethnic equilibrium.
ii. Legislative work to reform the judiciary and improve the efficiency of the system should be accelerated, where useful in co-operation with the Council of Europe, and in particular:
a. laws to improve the organisation and functioning of the courts and the independence of the judiciary should be adopted and implemented;
b. laws corresponding to a civil code and a code of civil procedure must be revised in accordance with the Constitution;
c. measures should be taken to ensure that the role and functioning of the Prosecutor's Office are in accordance with the rule of law and Council of Europe standards.
iii. Legislation to ensure implementation of the rule of law should be improved to achieve the following objectives:
a. full respect, by the police forces in the exercise of their duties, for human rights and fundamental freedoms;
b. increase of the quota of Macedonians of Albanian and other origins serving in the police forces;
c. adoption and implementation of an efficient anti-corruption law and a law on money laundering, as well as implementation of the Criminal Law Convention on Corruption and ratification of the Convention on laundering, search, seizure and confiscation of the proceeds from crime.
iv. The Macedonian authorities should, in co-operation with the Council of Europe, accelerate the reform of the education system, and in particular take the following measures:
a. encourage the training of Albanian language teachers in secondary education and give careful consideration to the proposal by the OSCE High Commissioner on National Minorities to create an Albanian State University College for teacher training;
b. increase the opportunities for official higher education conducted in the Albanian language, and start a dialogue with the governors of the so-called "University of Tetovo" with a view to establishing formal relations in accordance with the relevant provisions in the Constitution;
c. provide adequate training facilities to enable Macedonians of Albanian or other origin to find employment in the public sector, eg by considering the proposal of the OSCE High Commissioner on National Minorities to create a privately funded Higher Education Centre for Public Administration.
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,
a. preparation of a law on public media should be accelerated, in co-operation with the Council of Europe, taking account of the principles outlined above;
b. the influence of the government and of the parliament on the media should be restricted and the independence and transparency of the Broadcasting Council should be guaranteed;
c. the monopoly in advertising of the Nova Makedonia Agency should be curbed.
vi. Revision of the 1992 Law on Citizenship, started in co-operation with the UNHCR and the Council of Europe, should be completed and account should be taken of the provisions in the European Convention on Nationality, which should be ratified.
vii. Work on the draft asylum law should be accelerated.
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.
ix. In the meantime, the central Macedonian authorities should improve implementation of the 1995 Law on Local Government in order to increase local autonomy.
14. In conclusion, the Assembly is of the opinion that Macedonia has honoured its obligations and most of its commitments whilst the remaining commitments are in the process of being fulfilled. The Assembly considers therefore the current procedure as closed. It will pursue its dialogue with the Macedonian authorities on the issues referred to in paragraph 13 above, or any other issue arising from the obligations of Macedonia as a member state of the Council of Europe, with a view to reopening the procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation should seem desirable.
II. Draft recommendation
1. The Assembly refers to its Resolution …(2000) on the honouring of obligations and commitments by the “former Yugoslav Republic of Macedonia” in which it:
i. congratulates the Macedonian nation on its hospitality towards the refugees all through the Kosovo crisis, its restraint and its determination to maintain democratic stability, as well as its co-operation with the international community, all of which has contributed to easing the dangerous situation in the Balkans;
ii. commends Macedonia on having preserved the fragile equilibrium between the Macedonian majority and the ethnic Albanian minority and encourages both sides to continue striving for full integration of this and the other minorities, within one state respectful of all citizens’ rights and freedoms;
iii. notes that Macedonian authorities have put in train many creditable legislative initiatives which have been interrupted during the Kosovo crisis but should be re-launched and where necessary accelerated;
iv. welcomes the signature and ratification of many conventions of the Council of Europe;
v. understands and accepts that during the conflict and in the aftermath of the crisis, among the commitments listed in Opinion No. 191 (1995), priority was given by the Macedonian authorities to Macedonia’s humanitarian obligations towards refugees and displaced persons from Kosovo and that action to honour other commitments was temporarily interrupted.
2. In conclusion, the Assembly is of the opinion that Macedonia has honoured its obligations and most of its commitments whilst the remaining commitments are in the process of being fulfilled. The Assembly considers therefore the current procedure as closed. It will pursue its dialogue with the Macedonian authorities on the issues referred to in paragraph 13 of its Resolution …(2000), or on any other issue arising from the obligations of Macedonia as a member state of the Council of Europe with a view to reopening the procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation would seem desirable.
3. The Assembly recalls the appreciation of the Council of Europe of the sacrifices made by Macedonia during the Kosovo crisis and the other member states' solidarity with the enormous damages caused to Macedonia's economy.
4. For these reasons, it recommends to the Committee of Ministers:
i. to invite the member states to help Macedonia restore its economy as quickly as possible, in accordance with the Stability Pact for South-Eastern Europe;
ii. in the framework of the Programme for Activities for the Development and Consolidation of Democratic Stability (ADACS), to step up the assistance of the Council of Europe in the revision of legislation in respect of higher education, citizenship, media and police training.
III. Explanatory memorandum by the Rapporteurs
TABLE OF CONTENTS
Pages
A. INTRODUCTION 7
B. CIRCUMSTANCES OF ACCESSION 7
C. PRESENT SITUATION 8
Political situation 10
External relations 10
Economic situation 11
D. DEVELOPMENTS 12
Council of Europe Conventions 12
Judiciary 13
Rule of Law 13
Ombudsman 14
Education 15
Media 17
Citizenship 17
Local Self Government 18
Electoral law 20
Civil Society 20
E. CONCLUSIONS 20
Appendices
1. Programme of the rapporteurs’ visit to Skopje, Tetovo and Gostivar
6 - 9 November 1997 22
2. Programme of the rapporteurs' visit to Skopje and Tetovo on
17 – 19 February 1999 23
3. Programme of the rapporteurs' visit to Skopje and Tetovo on
12 – 14 July 1999 24
4. Programme of the rapporteurs’ visit to Skopje, Tetovo and Ohrid
on 26 February-1 March 2000 25
5. State of compliance with commitments 27
6. Signatures and ratifications of Council of Europe treaties 30
A. INTRODUCTION
1. The Assembly's monitoring procedure was opened on 25 April 1997. Co-rapporteurs for Macedonia were appointed on 16 May 1997. An exchange of views was held with Macedonia's parliamentary delegation – on the basis of an "issues paper" – on 23 September 1997.
2. On 6 – 9 November 1997, the then co-rapporteurs on Macedonia Mr Berceanu and Mrs Gelderblom-Lankhout, made a fact-finding visit (see programme in Appendix 1) which resulted in a preliminary draft report [AS/Mon (1998)19]. This draft report was presented to the Macedonian authorities who made their comments in October 1998 [AS/Mon (1998)51].
3. Also in October 1998, parliamentary elections were held2 which resulted in a new coalition. The Committee authorised the co-rapporteurs Mr Dumitrescu (who had succeeded Mr Berceanu) and Mrs Gelderblom-Lankhout to make a new fact-finding visit when the new government would be fully operational. The second fact-finding visit (see programme in Appendix 2) took place on 17 – 19 February 1999, i.e. during the Rambouillet Conference on Kosovo.
4. When in March 1999 the Macedonian Government had to adapt its political programme to face the humanitarian problems raised by the sudden wave of refugees from Kosovo, the co-rapporteurs decided not to present to the Committee the draft report on their February visit but to wait for further developments.
5. In June 1999 the Committee authorised the co-rapporteurs to return to Macedonia to assess the situation after the return of most of the refugees; this third visit (see programme in Appendix 3) took place on 12 – 14 July 1999.
6. An ad hoc Committee of the Parliamentary Assembly of the Council of Europe observed the presidential elections on 31 October 1999 and 14 November 1999 3 and concluded that the elections appeared to have been carried out in general accordance with Council of Europe standards and they constituted an important step towards strengthening the country’s democratic and political institutions.
7. The draft report produced after the first visit in November 1997 was updated in the light of the subsequent visits in February and July 1999. It was approved by the Committee on 26 September 1999 and transmitted to the Macedonian authorities who presented their comments on 25 January 2000.
8. On 26 February – 1 March 2000, the co-rapporteurs Mr Dumitrescu and Mr Sinka (who succeeded Mrs Gelderblom-Lankhout) made a fourth fact-finding visit (see programme in Appendix 4) and updated the report in the light of the comments of the Macedonian authorities and their own conclusions.4
B. CIRCUMSTANCES OF ACCESSION
9. “The former Yugoslav Republic of Macedonia” acceded to the Council of Europe on 9 November 1995, on the basis of Assembly Opinion N° 191 and Committee of Ministers Resolution (95) 23. The Assembly’s Opinion was adopted on 27 September 1995 50
10. The circumstances of accession were extremely difficult. They were marked by the wars arising from the dissolution of the former Socialist Federal Republic of Yugoslavia (SFRY), of which the "Socialist Republic of Macedonia" (SRMac) had been one of six constituent republics. The new Macedonia's application for membership was made on 25 June 1993. From this time on, the accession process reflected three overriding concerns of the international community: to bring an end to the wars of succession of SFRY; to prevent any "spill-over" of armed conflict, notably into Macedonia; and to stabilise the situation generally in south-east Europe.
11. These concerns are reflected in Assembly Opinion No. 191 (1995) on the request for membership - unanimously adopted by the Assembly - and in the Committee of Ministers' Resolution (95) 23 of 19 October 1995. Membership of the Council of Europe was perceived as a factor for stabilising and regulating the relations of the new Republic with its four neighbouring States – the new Federal Republic of Yugoslavia (FRY – Serbia and Montenegro), Albania, Bulgaria and Greece. It was granted on the basis of Macedonia's acceptance of 14 commitments,6 to be interpreted in the light of specific considerations and expectations7.
12. Assembly Opinion No. 191 gives also a full picture of the difficulties. A United Nations Preventive Deployment Force (UNPREDEP) was8 stationed on the northern and western borders. There were "crippling pressures" on Macedonia's economy, through the indirect impact of UN sanctions on FRY and the trade embargo of Greece. Greece was – and is – contesting Macedonia's choice of name. There was – and is – still no border agreement with FRY. Until 22 February 1999, Bulgaria was refusing to acknowledge the existence of a Macedonian language. There was uncertainty about the outcome of Serbian repression of 2 million FRY Albanians in Kosovo, of turbulence in Albania itself, and of restlessness in Macedonia's ethnic Albanian minority. In February 1995 this restlessness had found expression in the effort to open an Albanian-language "university" in Tetovo, declared illegal and forcibly closed by the Government for being in breach of the Constitution (see paragraph 72 hereafter). Between adoption of the Assembly's Opinion and the Committee of Ministers' Resolution, there was an attempt on the life of President Gligorov.
C. PRESENT SITUATION
13. Macedonia has a population of about two million. According to the 1994 census there was an Albanian ethnic majority of 443.000 (23% of the then national population).
The number of ethnic Serbs in Macedonia is estimated at 40.000. There are also Turkish, Roma and Vlach ethnic minorities. Ethnic Albanians believe their number to be higher. They claim that many ethnic Albanians did not take part in the census whilst 130 000 ethnic Albanians from Kosovo have since entered the country to live with their relatives and friends in Macedonia, and have therefore not all been accounted in the census.
14. The ethnic Albanians are concentrated for the most part in Western Macedonia, bordering on Kosovo (FRY) and Albania. Many of them have family, educational, economic and political ties to Kosovo and Albania. Those having come from Kosovo tend not to know the Macedonian language – unlike Macedonia's long-established Albanian minority.
15. Participation of the ethnic Albanian minority in Macedonia's political and public
life is nonetheless substantial. The Party for Democratic Prosperity of Albanians – National Democratic Party (PDPA-NDP) won 10 of the 120 seats in Parliament and is in the ruling coalition9, where it holds five ministries10. The Party for Democratic Prosperity (PDP) won 14 seats and is in the opposition. Shortly before the second visit in February 1999, ethnic Albanians were appointed Chief of Police in Tetovo and Head of State security in Gostivar. The Deputy Speaker of the National Assembly is an ethnic Albanian.
16. After the presidential elections in October/November 1999, a new Party of Albanian Democratic Unity (PDUA or PBDSH) has emerged – the third ethnic Albanian political party.
17. Contrary to some press reports, participation of the ethnic Albanian minority in Macedonia’s political and public life was never interrupted and not even put at risk during the Kosovo crisis. On the contrary, the influence of the ethnic Albanian politicians on their electorate and on the Kosovar refugees of ethnic Albanian origin was such that all through the Kosovo crisis the Macedonian government could ensure public order11 and pursue its policy of democratic stability.
18. Notwithstanding the efforts of the government to encourage employment of ethnic Albanians in the public sector, their numbers are still far below the level of equal representation. There are several reasons for this: the fact that the main language in administration is Macedonian, the public administration is already oversized and there is a lack of training facilities for ethnic Albanians12. The co-rapporteurs support in this context the proposal by the OSCE High Commissioner on National Minorities, Mr Max van der Stoel, to mobilise international financial support for the creation of a private Higher Education Centre for Public Administration.
19. In this context, the co-rapporteurs refer to the report of the European Commission against Racism and Intolerance (ECRI)13 in which ECRI notes that the principle of non-discrimination is contained in different laws and regulations dealing with specific aspects of civil and administrative law. The prohibition of incitement to national, racial or religious hatred has been further elaborated in legislation dealing with, inter alia, public information, telecommunications and associations. In addition, several laws have been adopted with the aim of strengthening tolerance in society and ensuring the equality of citizens in such fields as inheritance, identity cards and personal names. ECRI feels however that the authorities of the “former Yugoslav Republic of Macedonia” should consider the adoption of specific anti-discrimination legislation in the field of employment, housing, the provision of goods and services (including social benefits and health care). The co-rapporteurs share this opinion, which would seem to be a logical consequence of the Macedonian Parliament’s Declaration on Promotion of Inter-ethnic Relations in the spirit of Tolerance.
20. The co-rapporteurs welcome the implementation of Article 78 of the Constitution which asks for the establishment by Parliament of a “Council for Inter-ethnic Relations”, chaired by the President of the Macedonian Assembly and composed of two representatives of the following groups: Macedonians, Albanians, Vlachs, Roma, Turks and others, and expect this Council to contribute substantially to the full integration of the ethnic minorities.
21. In their comments of 25 January 2000, the Macedonian authorities stressed that one of the basic principles of the constitutional-legal order of the Republic of Macedonia is the non-discrimination principle, which has been fully incorporated in the legislation of the Republic of Macedonia. Moreover, the Macedonian authorities pointed out that the Republic of Macedonia has ratified all relevant international human rights conventions, which also contained the anti-discriminatory clause and are directly applicable in the domestic legal system. The implementation of the legislation in all relevant spheres is based on this fundamental principle so that the legislative framework of the Republic of Macedonia provides for full protection against discrimination for all citizens.
22. Closely related to the issue of minorities is the flux of immigrants and refugees, which had so dramatically increased during the Kosovo crisis14. Macedonia is a party to the 1951 Geneva Convention on the Legal Status of Refugees and its 1967 Protocol; the right of asylum is guaranteed in Article 29 of the Macedonian Constitution. However, work on an organic law on asylum has still not been finalised, which prevents refugees and asylum seekers from being registered and treated in accordance with Council of Europe standards.
23. In 1999, a growing number of Roma were forced to leave Kosovo and had to be hosted by the Macedonian authorities without any assistance from abroad.
24. In February 2000, the Representative of UNHCR estimated the number of refugees in Macedonia to be about 17 000.
25. In their comments of 25 January 2000, the Macedonian authorities observed that
the Law on Movement and Stay of Foreigners contained a separate section on refugees and their accommodation in the country. Practice had shown that there was a need for a separate law and a Law on Asylum was in preparation, which would in a comprehensive and precise manner regulate issues connected to the refugee status. This draft was prepared in co-operation with the UNHCR and would be compatible with the standards of most relevant international documents.
Political situation
26. The present government under Prime Minister Georgievski is formed by a coalition of the following parties:
- Internal Macedonian Revolutionary Organisation – Democratic Party for Macedonian National Unity (VMRO-DPNME);
- Democratic Alternative (DA);
- Party for Democratic Prosperity of Albanians – National Democratic Party (PDPA-NDP).
27. On 14 November 1999, Mr Boris Trajkovski was elected President of the Republic of Macedonia with 52.85% of the votes.15, including the votes of ethnic Albanians. The President received the co-rapporteur during the visit in February 2000.
28. Also in February 2000, the co-rapporteur was told that the opposition's participation in parliamentary activities was being made difficult.
External relations
29. The government pursues an active policy of good relations with its neighbouring states. Agreements on good neighbourhood have been established with all neighbouring states. On 12 February 2000, the President of Romania and the Prime Ministers of Albania, Bulgaria, Greece, Macedonia and Turkey signed in Bucarest a “Charter on Good-Neighbourly Relations, Stability, Security and Co-operation in Southeast Europe”.
30. Relations with Albania have improved since the change of government in Tirana
following the 1997 elections. Cross-border co-operation has been established and an economic co-operation agreement between both countries has been signed on 6 July last. The new Albanian government has made clear its support for improving the position of ethnic Albanians in Macedonia within the existing Constitutional framework, not through the creation of parallel illegal structures.
31. Several economic agreements have been concluded with Bulgaria, which has also, in a "Declaration on Good Relations and Friendship" signed on 22 February 1999, recognised the existence of the Macedonian language.
32. Co-operation with Greece is said to be intensive, mutual and at all levels although travel and trade with Greece have been perturbed through Greece's obligation to implement the Schengen visa regime16. The co-rapporteurs call on the Greek authorities to facilitate, within the Schengen Agreement, free movement of Macedonian nationals to Greece.
33. The Macedonian authorities have welcomed the Stability Pact for South-Eastern Europe, to which they have pledged full co-operation – even if there has been some criticism on the fact that Macedonia has been put in the same basket as less advanced countries such as Bosnia-Herzegovina, the Federal Republic of Yugoslavia and Albania. The fear is that in the implementation of the Pact Macedonia might be considered to be part of a “sub-region”, rather than of South-Eastern Europe as a whole. The Macedonians ask therefore for an individual approach of each Balkan State without having to wait for the others.
34. On the condition that the Pact will be accompanied by substantial financial injections into the region – it will not succeed if it merely aims at democracy and respect of human rights – the Macedonian government expects it to ensure security of the region, to foster democratisation and to open economic perspectives. For Macedonia itself, the Pact would approach the country to the European Union, it would improve the political standards and would boost the ailing economy, by creating a genuine infrastructure in the region with highways (corridors), railroads and energy connections.
Economic situation17
35. In their comments of 25 January 2000, the Macedonian authorities stress that since the transition process which has changed the monetary, financial, tax, customs and foreign trade systems, the Republic of Macedonia has consistently pursued a policy of stabilisation of the economic trends and of structural reforms. The maintenance of the macro-economic policy and stability of the national economy are the Government’s top priorities. Priority is given to the establishment of conditions and prerequisites for increased production, which is the condition for macro-economic stabilisation based on exports and will contribute to solve the unemployment problem.
36. The military actions in the Federal Republic of Yugoslavia in the first half of 1999 and the resulting unfavourable political situation had a strong negative effect on the economy and the public sector. They have caused serious direct and indirect damage, reduced production, internal trade and services, interrupted contracts and relations with foreign partners, destroyed traditional markets, and increased production and transportation costs. 35 000 employees lost their job, in particular in the textile industry (49.5%). Unemployment has reached 35.4%.
37. In their comments of 25 January 2000, the Macedonian authorities confirm that, as a result of the Kosovo crisis, the projected 6.5% GDP increase has not been realised but that in the first six months of 1999, GDP decreased by 20%. They have assessed the “damage” caused to the country by the cancellation of contracts in the Federal Republic of Yugoslavia (604 million US$) and in other countries (184 million US$) on more than 780 million US$. There are also problems related to the interruption of the transport lines e.g. transit through the Federal Republic of Yugoslavia. The authorities expect the international community to fulfil its promises and to increase this financial assistance. Much hope is therefore vested in the Stability Pact, which should be a “budget” rather than “yet another decoration”.
38. During the Kosovo crisis, most of the financial assistance of the international community went either to the whole region (eg a European Union grant of 250 million Euro), or directly to the refugees, to voluntary relief organisations or to vulnerable local groups without any of this money being transferred to the Macedonian Government. No doubt more precise figures will become available when the final accounts are established.
39. In February 2000, representatives of non governmental organisations (NGOs) complained about the behaviour of International non governmental organisations, which had commissioned them to do relief work in the field. They claimed that they had not received any reimbursement for their running costs, nor had they been given any credits for their efforts.
40. According to the OSCE, in February 2000, 72 231 families were dependent on government aid. Together with the refugees in the country, these figures show that over 20% of the population is surviving on forms of aid.
41. On 24 January 2000, the European Council adopted negotiating directives for a Stabilisation and Association Agreement with the “former Yugoslav republic of Macedonia”. The European Commission is making the necessary preparations with a view to opening negotiations during March 2000. In the long-term perspective, Macedonia might become eligible for integration into European structures – an ardent desire of the Macedonian authorities, who have launched a National Strategy for Integration with the European Union.
D. DEVELOPMENTS
42. In terms of specific progress on commitments to the Council of Europe the co-rapporteurs were able to note many positive developments. A table on the state of Macedonia's compliance with its commitments appears in Appendix 5.
Council of Europe Conventions
43. Macedonia has signed and ratified an impressive number of Council of Europe Conventions (see the Chart in Appendix 6). Macedonia has signed, but not yet ratified the European Charter for regional or minority languages (see paragraph 97 hereafter) and the European Social Charter.
Judiciary
44. The machinery for the appointment of judges by the Macedonian Assembly is functioning, with the Republican Judicial Council making proposals and Parliament exercising its right to challenge some of these proposed appointments.
45. However, in the course of the co-rapporteurs’ fourth visit, in February 2000, a proposal had been submitted to Parliament to extend the powers of the Republican Judicial Council to nominate judges and even the Public Prosecutor, which so far are prerogatives of the Parliament.
46. Legislative reforms are being prepared to relieve the courts of some of their present tasks (such as those which could be accomplished by solicitors) and to accelerate their procedures.
47. The Minister of Justice has also proposed to improve the independence of the judges by increasing their salaries and for this purpose to establish a Budget Office within the Republican Judicial Council.
48. Shortly before the co-rapporteurs’ second visit in February 1999, Parliament dismissed the Public Prosecutor who had been appointed by the previous parliament, on six grounds including lack of professionalism and insufficient action against corruption. A new candidate was proposed by the Government, which is empowered to do so following a 1996 amendment of the law which increased the influence of the government on the accountability of judges. This candidate, a former judge and politically independent, was indeed appointed by Parliament. To break the vicious circle where a prosecutor does not prosecute the parties which have elected him and the parties do not dismiss a prosecutor who has not prosecuted them, it is envisaged to have the Prosecutor General also appointed by the Republican Judicial Council.
49. A Code of criminal procedure was adopted on 11 April 1997 and is being amended in the light of the European Convention on Human Rights.
Rule of law
50. Police procedures have improved: the practice to summon individuals to police stations for so-called “informative talks” has stopped. Since the 1998 elections no more serious misbehaviour by police officers has been reported. It is envisaged to reconsider certain other police practices such as the search of private houses on the basis of blank warrants.
51. There is, nevertheless, growing concern about an incident that took place on 11 January in Arachinovo – a mainly ethnic Albanian village. During a routine patrol, four Macedonian police officers stopped three cars; while they were checking the first vehicle, the occupants of the other two cars opened fire with automatic weapons, killing three officers and wounding the fourth. The press has published pictures of apparent injuries to the body of an ethnic Albanian who died after having been arrested by police in Mavrovo in connection with the Arachinovo incident. The Minister of the Interior said that the official autopsy report had been given to the judge charged with the investigation.
52. In February 2000, the Minister of the Interior said that particular attention was being given to education of police-officers; a code of conduct had been established, special courses were being given and it was intended to establish a Police Academy.
53. Efforts are made, and a publicity campaign has been launched to increase the quota of ethnic Albanians in the police. At present, between 15 and 18% of the police forces consist of ethnic Albanians who are mostly serving in Western Macedonia. As was reported in paragraph 15 above, the Chief of Police in Tetovo is an ethnic Albanian.
54. A new anti-corruption law, drafted by the Minister of Justice, has been approved by the parliamentary committee concerned for submission to Parliament. It covers political corruption as well as corruption in the exercise of public duties and provides for the establishment of a National Commission for the prevention of corruption. In July 1999, the intention to start prosecutions of various former ministers and former senior officials has been announced in the press – which brought the opposition to qualify the anti-corruption drive of the government as “political oppression”.
55. The Criminal Law Convention on Corruption has been ratified on 28 July 1999.
56. The anti corruption initiatives of the Government include also a bill on money laundering, which is before the Macedonian Assembly, and various proposals for amending the Penal Code. There are also plans to tackle passive corruption as well as corruption of private persons. On 14 December 1999 Macedonia signed the Convention on laundering, search, seizure and confiscation of the proceeds from crime.
57. A Bill on access to secret police files is being prepared. The co-rapporteur advised the Minister of the Interior to seek the Council of Europe’s expertise on this project.
Ombudsman
58. During their three latest visits, the co-rapporteurs met the Ombudsman, elected by Parliament in accordance with the 1997 Law on the Ombudsman and in office since 1 March 1998. The Ombudsman submitted to Parliament his first annual report18 on 31 March 1999; after some discussion Parliament decided to take note of it as an information report, which would enable Parliament to take action on certain petitions if it so wished.
59. In February 2000, the Ombudsman had a staff of 32 including 4 Deputies. In 1999 his office has received 1.202 complaints concerning mainly the following fields: social protection (250), judiciary (220), labour relations (240), constitutional freedoms and rights (226).
60. After an initial period of hesitation, most administrative services were now co-operative, although the number of critical reactions on the Ombudsman’s conclusions was growing as well (including one from the Ministry of the Interior). About 66% of the Ombudsman’s recommendations have been followed by the Administration; there had been no case in which a public service had explicitly turned down a recommendation.
61. The co-rapporteurs recommended that in future the Ombudsman’s report be debated in Parliament in the presence of the Government which should be enabled to defend itself against deficiencies in public services. The report should then be submitted to adoption, to show that the Assembly approved the action undertaken by the person which it had elected for this purpose. If Parliament would reject the report the Ombudsman should step down.
62. On the other hand, the co-rapporteurs welcomed the information from the President of the Macedonian Assembly, that a complete study had been made of the public institutions which would result in a package of 5 or 6 laws on the structures, responsibilities and functioning of public administration.
63. In their comments of 25 January 2000, the Macedonian authorities observe that the Ministry of Justice prepared a Strategy for Public Administration Reform, which was adopted by the Government in May 1999 and which is going to be realised in the following four priorities areas:
- co-ordination and definition of reform initiatives;
- improvement of the budgeting system, financial control and auditing with the central authorities;
- development of the financial relations between the central authorities and units of local self-government;
- improvement of the efficiency and functioning of the judiciary by decreasing the administrative case load of the courts.
Education
64. In the field of education, certain progress has been made and the present Minister of Education – whom the co-rapporteurs met in February 2000 – established a programme which foresees an internal reorganisation, the revision or drafting of 13 laws and the launching, by 15 April 2000, of a “Strategy for Education”.
65. The co-rapporteurs welcome the introduction, in the field of higher education, of a quota system (equivalent to the proportion of the respective minorities in the total population) of entering places with eased admission requirements for minorities; the adoption, in 1997, of a law providing for Albanian and Turkish language university education for students at Skopje University’s teacher training faculty and the “transitional year” project, established in co-operation with OSCE. However, these and other measures advocated in the Parliamentary Assembly’s Recommendation 1353 (1998) on access of minorities to higher education should be codified.
66. The proposed law on higher education, which has been pending for nearly ten years now and on which Council of Europe experts had given three opinions19, will be revised again by an expert committee set up by the Minister of Education.
67. One of the major problems in the field of education in Macedonia is the equality of chances for ethnic minorities, in particular in respect of access to higher education.
68. In the new Republic, with the exception of the faculties of philology and pedagogy in Skopje, no opportunities for official higher education conducted in the Albanian language exist. Otherwise – naturally – entrance examinations for the Universities of Skopje and Bitola must be taken in Macedonian. Until it was closed in 1991, probably up to 500 young ethnic Albanians from Macedonia's minority went each year to pursue Albanian-language higher education at Pristina University (Kosovo). Since it was re-opened in 1999, the number of ethnic Albanian students from Macedonia registered at the Pristina University is said to be very low.
69. In 1997/1998 - according to the Minister of Education of 31 546 students at the Universities of Skopje and Bitola, 28 766 were Macedonian and 1 308 Albanian. Today, with a policy of "positive discrimination" which inevitably is perceived as causing prejudice to young Macedonians who do not find university places, the proportion of ethnic Albanians has thus risen to 4.1%.
70. Lack of Albanian-language teachers in secondary education is only part of the explanation of this very low proportion. It also comes from the fact that less than half the number of ethnic Albanian children complete their secondary education whereas almost all Macedonian children do so. It is said that rural ethnic (and islamic) Albanian families have no tradition of educating their daughters beyond a certain stage. Also, the lack of Albanian-language teachers means that children are being taught by teachers who are not qualified for some of the subjects they teach.
71. The number of qualified teachers who can teach in the Albanian language must be increased. Hence the pressure being exercised by the Government on the Pedagogical Faculty of Skopje University to expand Albanian-language instruction so that student teachers can receive their training in a growing number of subjects in the Albanian language. For his part, the OSCE High Commissioner on National Minorities, Mr Max van der Stoel, has recommended the creation of a special Albanian Language State University College for teacher training, to be linked with the University of Skopje through an agreement of co-operation.20
72. But this does nothing to help those who have finished secondary education, nor former students, teachers and professors of Pristina University who want to settle at least temporarily in Macedonia. These are the pressures behind the initiative to set up an Albanian-language "university" in Tetovo, which the Government tacitly now allows to function though considering it as illegal. According to the President of the Senate of the University in February 2000, the number of students at the "university" is today more than 8 000 (half of them females) - with 350 teachers and many "scientific associates" who are teaching at 13 faculties (no medical and no technical faculties) and 26 departments. 1999 saw the second batch of "graduates". Further tension is to be expected if no provision is made to acknowledge the validity of their "diplomas"21, although the Rector said that all graduates easily find employment with regional (Albanian) firms.
73. The “University of Tetovo” is being financed on a voluntary basis by the Albanians themselves (1 DM per month and per ethnic Albanian in Macedonia; free contribution of ethnic Albanians abroad plus a fee per student of 100 DM per semester); these contributions may have suffered from competitive contributions to the Kosovo Liberation Army during the Kosovo crisis. The University is building new premises of a surface of 3000 m˛. It cannot, however, finance scholarships.
74. The question of how the State should handle its relations with the “University of Tetovo” must be resolved through a law on higher education. The Council of Europe is currently being consulted on the approach to be adopted. Article 45 of the Constitution provides that citizens have a right to establish private schools at all levels of education, with the exception of primary education, whilst Article 48 confers to members of the nationalities the right to instruction in their language at primary and secondary levels.
75. During the fourth visit in February 2000, the President of the “University of Tetovo” told the co-rapporteur that the institution had on several occasions applied for recognition by the State. The Democratic Party of Albanians (DPA), in the coalition agreement, had included the recognition of the “University of Tetovo” as a condition, but the DPA was waiting for the solution of the Kosovo crisis, the presidential elections and the new Law on higher education before insisting on fulfilment of this condition. The President said also that twice his “University” had sought co-operation with the University of Skopje, but had not received any reaction.
76. Some Macedonians argue that promotion of two ethnic committees with two different languages will not improve integration but, on the contrary, lead to a split of the Macedonian society.
77. But higher education is only one of the fields in which the ethnic Albanian minority protests against obstruction to the use of its language. In public administration, in courts of law, and in social welfare and health institutions there is felt to be inadequate provision for those who cannot speak Macedonian. The difference in perception between moderate and radical ethnic Albanians shows the difficulties confronted by Government and Parliament in developing the right response.
Media
78. In February 2000, the opposition complained that the government exercises too much control over the public media, that Parliament had appointed members of coalition parties on the Broadcasting Council and the Government had changed directors of 29 local radio stations.
79. In their comments of 25 January 2000, the Macedonian authorities explained that the work of the Broadcasting Council was based on Article 10 of the European Convention on the Protection of Human Rights and the Declaration on the Freedom of Expression and Information (28 April 1982), which guarantees the following principles: independence of the editorial policy, independence of the media and provision of equal access to information and to sources for all subjects. The work of the Broadcasting Council is public and the Council expresses its transparency at the national and international level. In the procedure for allocation of broadcasting concessions, the Council established three independent expert groups in order to ensure independence, competency and transparency of the procedure.
80. The printing and distribution of newspapers and magazines used to be the monopoly of a private company and the State-owned Nova Makedonija, the country’s most important written media and editing group. This agency was in financial difficulties (debt of DM 11.8 million) and its privatisation was intended. Various independent editors have started their own printing and distribution system, which they admit is less efficient and more expensive; they are willing to co-operate again, on the condition that Nova Makedonija would share its profits.
81. During the visit in February 2000, the Minister of Information said that the government had prepared a draft Law on public media, on which assistance of the Council of Europe has been asked.
82. The co-rapporteurs welcome the intention of the Broadcasting Council to organise, in collaboration with the Council of Europe, a Workshop on Broadcasting Regulation on 5 – 6 April 2000.
Citizenship
83. According to the Constitution of 1991 "...Macedonia is established as a national State of the Macedonian people, in which full equality as citizens and permanent co-existence with the Macedonian people is provided for Albanians, Turks, Vlachs, Romanies etc." The State is defined as being simultaneously of one or other constituent people as well as being the State of all its citizens.
84. Before its dissolution in 1991, the former "Socialist Federal Republic of Yugoslavia" (SFRY) did not have a separate territory but consisted of the territories of the six constituent republics, including the "Socialist Republic of Macedonia" (SRMac). Consequently, citizenship of the SFRY implied citizenship of one of the constituent republics and registration in that republic; there were no stateless persons nor were there citizens who held the nationalities of more than one Federal unit.
85. The Republic of Macedonia was created as an independent state on 17 November 1991. Citizens from former Yugoslav republics who were legally staying on the territory of the new Republic could acquire citizenship during two periods. Thus, from 17 November 1991 to 11 November 1992 and then from 11 November 1992 to 11 November 1993 (by virtue of a transitional provision (Article 26) of the Law on Citizenship adopted on 11/11/92), citizens from one of the former Yugoslav Republics could, if he/she had expressed that will and was residing in the Republic of Macedonia, acquire the nationality of that Republic regardless of the length of residence.
86. The Citizenship Law of 1992, provides for several procedures to require citizenship, e.g. on the basis of origin and on the basis of admission. A draft to revise the Citizenship Law is being prepared by a group of experts in the Ministry of the Interior and a joint UNHCR/Council of Europe expertise meeting took place in November 1999. It is envisaged in this draft to reduce the required residence in Macedonia from 15 years to European standards.
87. In their comments of 25 January 2000, the Macedonian authorities note that the four principles for nationality in the case of State succession, laid down in article 18 of the European Convention on Nationality (genuine and effective link with the state, habitual residence, will of the person concerned, territorial origin) have been fully integrated in the Law on Citizenship of the Republic of Macedonia. These principles are appropriately applied in the procedures for regulating the citizenship status.
88. Under the Law on Citizenship, until 31 December 1999, 138 743 applications for citizenship were examined by the Ministry of the Interior, of which 132 974 (95,84%) were granted and 5 768 (4,16%) were rejected. Currently 6 negative decisions are contested before the Appeal Commission and 302 are being examined by the Supreme Court. At the same time, the principle of legal continuity laid down in paragraph 1 of Article 26 of the Citizenship Law was applied in respect of 1 968 800 persons, whose citizenship status was transferred from the manually kept Registry of Citizens to the automated Registry of Inhabitants and these persons were informed that they are citizens of the Republic of Macedonia.
89. The European Convention on Nationality has been signed, but will be ratified only after the Law on Citizenship will have been revised.
90. On the average, the procedure to acquire citizenship lasts up to 15 days for applications based on origin and between 2 and 6 months for applications for admission. There is a possibility to appeal against a negative decision, first with the administration and then with the Court.
Local Self Government
91. In principle, the co-rapporteurs wish to await a report on local self-government to be drawn up by the Congress of Local and Regional Authorities in Europe22 However, in the framework of their concern about the Albanian minority, they have in the course of all visits followed the developments in particular in Tetovo.
92. The co-rapporteurs met the mayor and the president and secretary of the Municipal Council of Tetovo during their third and fourth visits. The mayor said that out of the 65.000 inhabitants, 23.000 had been registered as being unemployed, whilst 7.300 needed social assistance – which the town could not provide. During the Kosovo crisis, about 60.000 refugees had come to Tetovo, out of which 53.000 had been hosted by families whilst the remaining 7000 had been lodged in refugee camps.
93. In February 2000, the mayor said that apart from ethnic Albanians, Tetovo had also inhabitants of Macedonian, Turkish, Roma and Serb ethnic origin. This multi-ethnicity was a richness if the chances were distributed equally; if they were not, multi-ethnicity created tension. Tetovo should therefore be given an equal part in the economic development. Education should be improved; apart from the problem of non-recognition of the “Tetovo University”, primary and secondary education should be extended: schools had to work in three shifts because of overpopulation, basic equipment and sports facilities were lacking. Cultural life could not flower because of the absence of any library, theatre and other facilities for cultural expression.
94. The Congress on Local and Regional Authorities of Europe is encouraging and assisting the Government in implementing Article 115 of the Constitution; it is preparing a report on local government in Macedonia, for discussion in May 2000. Without wishing to anticipate on this expert report, the co-rapporteurs cannot conceal their concern about certain information, which they were given in July 1999 and February 2000 in Tetovo. Apart from the poor economic conditions and the enormous burden laid on this city during the Kosovo crisis, it would seem that in the field of local autonomy in Macedonia, there is room for considerable improvement.
95. In February 2000, the co-rapporteur met the Delegate of the Local Democracy Agency, Mrs Mirjana Lozanoska, and commended her on the many useful activities the Agency had undertaken, notwithstanding its extremely light budget.
96. The European Charter on Local self-government was ratified by Macedonia on 6 June 1997; the European Charter for Regional or Minority Languages was signed on 25 July 1996, but not ratified. In December 1998 a Ministry for Local self-government was added to the Macedonian government.
97. The Law on Local Self-Government distinguishes between those units of local self-government in which the members of a particular national minority constitute the majority of the population and those units where the same constitute a “considerable number” of inhabitants (i.e. more than 20%). In both units the language and alphabet of the national minority must be in use alongside the Macedonian language and alphabet at every session of organs of local self-government and general acts adopted by these organs are published in both languages. Names of inhabited places, signs of public services and institutions and other public signs are written bilingually in those units where members of a national minority constitute the majority; the same is foreseen for the units where they constitute a “considerable number” of the population, if so decided by the highest organ of self-government. Public services, institutions and enterprises established by units of local self-government must make use of both languages in the units where members belonging to national minorities constitute a majority, whereas nothing is provided for in this field for those units where they constitute a considerable number.
98. The co-rapporteurs are in particular concerned about the apparent non-implementation of the 1995 Law on Local Government. Special attention should be given to the report by the Congress of Local and Regional Authorities and reforms, initiated by the Minister of Local self-government concerning the laws on local self-government, local finance and the administrative division of the territory.
Electoral law
99. In June 1998, the electoral law was totally altered by the Act on election of members of the Assembly of the Republic of Macedonia and two further acts on, respectively, electoral districts and electors’ identity documents.23
100. In respect of media coverage of elections, the co-rapporteurs refer the conclusions of the ad hoc Committee to observe the presidential elections in “the former Yugoslav Republic of Macedonia”24 in which the ad hoc committee calls on the Macedonian authorities to elaborate more detailed laws governing media coverage of the elections and to grant legal status to the guidelines issued by the Broadcasting Council.
Civil Society
101. The new Law on Associations of Citizens and Foundations, enacted in June 1998, has confirmed the independence of NGO’s, although in February 2000 certain representatives told the co-rapporteur that they are not sufficiently consulted by the authorities.
D. CONCLUSIONS
102. The co-rapporteurs welcome the conclusion of the Stability Pact for South-Eastern Europe, which is an appeal by the international community to the States in the Balkan region to work together to ensure the stability and economic development of the region. The Balkan States – including Macedonia – must follow this appeal.
103. In the opinion of the co-rapporteurs, nothwithstanding the external turbulence caused by the Kosovo crisis and the ensuing damage, Macedonia is still "the island of stability in an otherwise restless region".
104. The greatest external threat to Macedonia’s stability- beyond the influence of Skopje – is the fragile situation in Kosovo and the unpredictability of Belgrade’s policy.
105. Internally, the country has preserved the fragile equilibrium between the Macedonian majority and the ethnic Albanian minority. Both sides must continue to strive for full integration of this and the other minorities, within one state respectful of all citizens' rights and freedoms. The international community must support and stimulate this development. One of the most obvious acts to encourage the country would be to promote recognition of its proper name: "Republic of Macedonia" and the Parliamentary Assembly should take an initiative in this respect.
106. Many creditable legislative initiatives have been put in train, not only to meet commitments to the Council of Europe but to implement a policy of rapprochement with the European Union (EU) and NATO. These initiatives, which have been interrupted during the Kosovo crisis, have been taken up again and the Macedonian authorities have launched a “National strategy for integration to the European Union and NATO”.
107. Even if many political initiatives are taken, they must be brought to successful conclusion implementation – notably in the fields education, citizenship, media and local autonomy. A welcome example of such an initiative is the consensus between all political parties to address the problem of higher education for the ethnic Albanian minority.
108. In conclusion, the co-rapporteurs are of the opinion that Macedonia has honoured its obligations and most of its commitments whilst the remaining commitments are in the process of being fulfilled. They consider therefore that the current monitoring procedure concerning Macedonia should be closed, but that a dialogue with the Macedonian authorities should be pursued.
APPENDIX 1
Programme of the rapporteurs’ visit to Skopje, Tetovo and Gostivar
6 - 9 November 1997
Thursday 6 November
22 h 00 initial briefing
Friday 7 October
08 h 00 working breakfast with representatives of the diplomatic community
09 h 00 meeting with Mr Tito Petkovski, President of the Assembly
10 h 00 meeting with Mr Blagoj Handziski, Minister of Foreign Affairs
11 h 00 meeting with Mr Branko Naumovski, Ombudsman
12 h 00 meeting with Mr Tomislav Chokrevski, Minister of Internal Affairs
13 h 00 meeting with Mr Kiro Gligorov, President of the Republic of Macedonia
14 h 00 lunch hosted by Mr Gorgi Spasov, Minister of Justice (attended by the judges of the Supreme Court and the Public Prosecutor)
15 h 30 meeting with Mrs Sofija Todorova, Minister of Education
16 h 30 meeting with Mr Naser Ziberi, Vice Prime Minister, Minister of Labour and Social Welfare
17 h 30 meeting with representatives of the non-governmental organisations (Helsinki Committee on Human Rights and the Centre for Multi-Cultural Understanding and Co-operation) (and others)
20 h 00 working dinner with the representatives of the OSCE, UNPREDEP and EU
Saturday 8 November
08 h 00 departure by car for Gostivar and Tetovo, working meeting with
Mr R. Osmani, Mayor of Gostivar, and Mr A Demiri, Mayor of Tetovo, and members of the majority and the opposition of municipal councils
13 h 30 working lunch hosted by Mr Risto Penov, Mayor of Skopje
15 h 00 visit to the municipality of Shuto Orizari and meeting with Mr Nezdet, Mayor of the municipality, and two MPs representing the Roma minority
16 h 30 meeting with the members of the parliamentary groups of the coalition parties (SDSM, PDP, SP)*
17 h 30 meeting with the members of the parliamentary groups of the opposition parties (LDP and DPA)*
20 h 00 dinner hosted by Mr Nikola Popovski, Head of the Delegation of the Assembly of the Republic of Macedonia to the Parliamentary Assembly of the Council of Europe
*SDSM : Social Democratic Union of Macedonia; PDP : Party for Democratic Prosperity;
SP: Socialist Party; LDP: Liberal Democratic Party; DPA: Democratic Party of Albanians
APPENDIX 2
Programme of the rapporteurs' visit to Skopje and Tetovo
17 – 19 February 1999
Wednesday 17 February 1999
Arrival of the delegation at "Petrovec" airport in Skopje
4.00- 4.50 pm Meeting with the Ambassadors of Hungary, Romania and the Netherlands
5.00-5.45 pm Meeting with Mr Boris Trajkovski, Deputy Minister of Foreign Affairs
6.00-7.20 pm Meeting with non-governmental organisations
7.30- 9.00 pm Working dinner hosted by the Ambassador of Hungary
Present: the Ambassadors of Romania and the Netherlands
Thursday 18 February 1999
9.00-9.50 am Meeting with Mr Savo Klimovski, President of the Assembly
10.00-12.00 pm Meeting with the Delegation to the PA of the CE, co-ordinators of the Political Parties and Chairpersons of the Committee on Internal Policy and Defence and Foreign Policy Committee
12.00-12.50 pm Meeting with Mr Branko Naumovski, Ombudsman
1.40-3.15 pm Meeting with Mr Vlado Kambovski, Minister of Justice
3.25-4.10 pm Meeting with the Assistant for administrative affairs and the Officer for analytical and research department (Ministry of the Interior)
4.20-5.20 pm Meeting with Mr Nenad Novkovski, Minister of Education
5.30-6.15 pm Meeting with Ms Dosta Dimovska, Vice-Prime Minister
6.30-8.30 pm Meeting with representatives of the OSCE, UNPREDEP and EU
Friday 19 February 1999
8.20 am Departure from the hotel to Tetovo
9.00-10.00 am Meeting with the leaders of the local self government of the municipality of Tetovo
10.00-11.00 am Meeting with the Rector of the University of Tetovo
11.00 am Departure for Skopje
12.00 pm Meeting with the representatives of the media
1.30 pm Meeting with the Delegation to the PA of the CE
Afternoon Departure of the Delegation.
APPENDIX 3
Fact-finding visit to the Former Yugoslav Republic
of Macedonia, 12 – 14 July 1999
Programme
Monday, 12 July
1.30 pm – 2.00 pm Mr Vlado Kambovski, Minister of Justice
2.00 pm – 3.30 pm Delegation of the Assembly of the Republic of Macedonia to the Parliamentary Assembly of the Council of Europe
3.30 pm Departure for Tetovo
4.30 pm Major and counsellors of the Municipality of Tetovo
5.30 pm Visit to the refugee camp "Neprosteno" near Tetovo
6.15 pm President and rector "University" of Tetovo
7.00 pm Return to Skopje
in the evening Ambassadors of Hungary, Romania, and the Netherlands
Tuesday, 13 July
8.30 am – 9.15 am Mr Branko Naumovski, Ombudsman
9.30 am – 10.20 am Dr Savo Klimovski, President of the Assembly of the Republic of Macedonia
10.30 am- 11.10 am Mr Ljobco Georgievski, Prime Minister
(postponed)
11.20 am – 12.20 pm Co-ordinators of the coalition partners (VMRO-DPMNE, DA, PDPA-NDP, LDP)
12.20pm – 1pm Co-ordinators of the opposition parties (SDSM, PDP)
1.00 pm – 1.45 pm Mr Aleksandar Dimitrov, Minister of Foreign Affairs,
represented by Mr Nikolovski, Assistant Minister of Foreign Affairs
1.50 pm Lunch at the Parliamentary Club
4.00 pm – 4.45 pm Mr Nenad Novkovski, Minister of Education
5.00 pm Ambassador Faustuno Troni, Head of OSCE Mission, Ambassador Hans-Georg Eiff, Political Representative of NATO, Mr José Manuel Pinto Teixeira, Resident Envoy European Union, Mr Amin Awad, Deputy Emergency Co-ordinator UNHCR
Wednesday, 14 July
9.00 am – 9.30 am Mr Redzep Zlatku, Minister of Information
9.45 am – 10.20 am Mr Pavle Trajanov, Minister of the Interior
10.30 am – 11.30 am Mr Ljubco Georgievski, Prime Minister
12.00 pm Lunch
Afternoon Departure of the Delegation
APPENDIX 4
Fact-finding visit to the former Yugoslav Republic of Macedonia
26 February to 1 March 2000
Programme
Saturday 26 February
12.25 Arrival of the delegation at Skopje airport
13.00 Departure to Tetovo
13.45 Meeting with the mayor and municipality councillors of Tetovo
14.30 Working lunch hosted by Mr Murtezan Ismaili, Mayor of Tetovo
15.30 Meeting with the President and Rector of the “University of Tetovo”
16.15 Departure for Ohrid and accommodation at hotel “Palas”
19.30 Meeting with the Agency for Local Self-government of the Parliamentary Assembly of the Council of Europe in Ohrid
Sunday 27 February
10.00 Meeting with the representatives of the municipal Council of Ohrid
11.00-12.00 Visit of Ohrid
12.30 Departure for Struga
13.30 Working lunch hosted by Mr Azis Polozani, member of the Monitoring Committee
15.00 Departure for Skopje
17.30 Accommodation at hotel “Continental”
Monday 28 February
9.00 –10.15 Meetings with the Ambassadors and Representatives of international organisations
10.30-11.30 Meeting with the delegation of the Assembly of the Republic of Macedonia to the Parliamentary Assembly of the Council of Europe
11.30-12.30 Meeting with the Co-ordinators of the Coalition Parties VRMO-DPMNE, DA and PDPA-NDP
12.30-13.20 Meeting with the Co-ordinators of the opposition parties SDSM and PDP
13.20-13.40 Meeting with Dr. Savo Klimovski, President of the Assembly of Republic of Macedonia
13.45-14.50 Lunch hosted by Dr. Savo Klimovski, President of the Assembly of Republic of Macedonia
15.00-15.50 Meeting with Mr Vehbi Bedzeti, Minister of Information of Republic of Macedonia
16.00-17.20 Meeting of the Association of the Journalists of Macedonia and Association of Local Public Broadcasters (to be confirmed)
17.30-18.30 Visit of the Information and Documentation Centre of the Council of Europe and meeting with representatives of the non-governmental organisations
Tuesday 29 February
9.00-9.50 Meeting with Mr Gale Galev, Minister of Education of the Republic of Macedonia
10.00-10.50 Meeting with Mr Dzevdet Nasufi, Minister of Justice of the Republic of Macedonia
11.00-11.50 Meeting with Mrs Dosta Dimovska, Vice-President of the Government and Minister of Internal Affairs of the Republic of Macedonia
12.00-12.50 Meeting with Mr Boris Trajkovski, President of the Republic of Macedonia
13.00-13.50 Meeting with Mr Lujbco Georgievski, President of the Government of the Republic of Macedonia
14.00-15-30 Working lunch hosted by Mr Aleksandar Dimitrov, Minister of Foreign Affairs of the Republic of Macedonia (to be confirmed)
15.40-16.30 Meeting with Mr Milan Nedkov, President of the Constitutional Court of the Republic of Macedonia
16.40-17.30 Meeting with Mr Dimitrie Dimiskovski, President of the Supreme Court of the Republic of Macedonia
17.40-18.30 Meeting with Mr Branko Naumovski, Ombudsman of the Republic of Macedonia
20.00 Working dinner hosted by Mr Danilo Gligorovki, Head of the delegation of the Republic of Macedonia to the Parliamentary Assembly of the Council of Europe
Wednesday 1 March
07.30 Departure
APPENDIX 5
State of compliance with commitments
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 |
APPENDIX 6
Signatures and ratifications of Council of Europe treaties
03/03/2000
Treaties of the Council of Europe signed and ratified
by the Former Yugoslav Republic of Macedonia
N° TITLE
date of signature
date of Ratification
001 STATUTE OF THE COUNCIL OF EUROPE
Ratification or accession: 09/11/95
002 GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE
Ratification or accession: 10/04/97
005 CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Signature :09/11/95
Ratification or accession: 10/04/97
009 PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Signature 14/06/96
Ratification or accession: 10/04/97
010 PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITES OF THE COUNCIL OF EUROPE
Ratification or accession: 10/04/97
015 EUROPEAN CONVENTION ON THE EQUIVALENCE OF DIPLOMAS LEADING TO ADMISSION TO UNIVERSITIES
Ratification or accession: 30/03/94
016 EUROPEAN CONVENTION RELATING TO THE FORMALITIES REQUIRED FOR PATENT APPLICATIONS
Signature: 24/02/98
Ratification or accession: 24/02/98
018 EUROPEAN CULTURAL CONVENTION
Ratification or accession: 24/11/95
021 EUROPEAN CONVENTION ON THE EQUIVALENCE OF PERIODS OF UNIVERSITY STUDY
Ratification or accession: 30/03/94
024 EUROPEAN CONVENTION ON EXTRADITION
Signature: 28/07/99
Ratification or accession: 28/07/99
030 EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Signature: 28/07/99
Ratification or accession: 28/07/99
032 EUROPEAN CONVENTION ON THE ACADEMIC RECOGNITION OF UNIVERSITY QUALIFICATIONS
Ratification or accession: 30/03/94
Signature: 24/02/98
Ratification or accession: 24/02/98
041 CONVENTION ON THE LIABILITY OF HOTEL-KEEPERS CONCERNING THE PROPERTY OF THEIR GUESTS
Ratification or accession: 30/03/94
044 PROTOCOL No 2 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, CONFERRING UPON THE EUROPEAN COURT OF HUMAN RIGHTS COMPETENCE TO GIVE ADVISORY OPINIONS
Signature 09/11/95
Ratification or accession: 10/04/97
Signature:09/11/95
Ratification and accession:10/04/97
046 PROTOCOL No 4 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, SECURING CERTAIN RIGHTS AND FREEDOMS OTHER THAN THOSE INCLUDED IN THE CONVENTION AND IN PROTOCOL No 1
Signature: 14/06/96
Ratification or accession: 10/04/97
047 CONVENTION ON THE UNIFICATION OF CERTAIN POINTS OF SUBSTANTIVE LAW ON PATENTS FOR INVENTION
Signature: 24/02/98
Ratification or accession: 24/02/98
049 PROTOCOL TO THE EUROPEAN CONVENTION ON THE EQUIVALENCE OF DIPLOMAS LEADING TO ADMISSION TO UNIVERSITIES
Ratification or accession: 30/03/94
050 CONVENTION ON THE ELABORATION OF A EUROPEAN PHARMACOPOEIA
Ratification or accession: 30/03/94
Ratification or accession: 30/03/94
055 PROTOCOL No 5 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, AMENDING ARTICLES 22 AND 40 OF THE CONVENTION
Signature: 09/11/95
Ratification or accession: 10/04/97
066 EUROPEAN CONVENTION ON THE PROTECTION OF THE ARCHAEOLOGICAL HERITAGE
Ratification or accession: 30/03/94
069 EUROPEAN AGREEMENT ON CONTINUED PAYMENT OF SCHOLARSHIPS TO STUDENTS STUDYING ABROAD
Ratification or accession: 30/03/94
086 ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON EXTRADITION
Signature: 28/07/99
Ratification:28/07/99
087 EUROPEAN CONVENTION FOR THE PROTECTION OF ANIMALS KEPT FOR FARMING PURPOSES
Ratification or accession: 30/03/94
Ratification or accession: 30/03/94
098 SECOND ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON EXTRADITION
Signature: 28/07/99
Ratification: 28/07/99
099 ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Signature: 28/07/99
Ratification or accession: 28/07/99
102 EUROPEAN CONVENTION FOR THE PROTECTION OF ANIMALS FOR SLAUGHTER
Ratification or accession: 30/03/94
104 CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS
Signature: 17/12/98
Ratification or accession: 17/12/98
112 CONVENTION ON THE TRANSFER OF SENTENCED PERSONS
Signature: 28/07/99
Ratification or accession: 28/07/99
Signature:14/06/96
Ratification or accession: 10/04/97
117 PROTOCOL No 7 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Signature: 04/06/96
Ratification or accession: 10/04/97
118 PROTOCOL No 8 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Signature: 09/11/95
Ratification or accession: 10/04/97
Ratification or accession: 30/03/94
121 CONVENTION FOR THE PROTECTION OF THE ARCHITECTURAL HERITAGE OF EUROPE
Ratification or accession: 30/03/94
122 EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT
Ratification or accession: 06/06/97
126 EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Signature: 14/06/96
Ratificatin or accession: 06/06/97
134 PROTOCOL TO THE CONVENTION ON THE ELABORATION OF A EUROPEAN PHARMACOPOEIA
Ratificatin or accession: 30/03/94
Ratification or accession: 30/03/94
Signature: 14/06/96
Ratification or accession: 06/06/97
Signature: 14/06/96
Ratification or accession: 06/06/97
Signature: 09/11/95
Ratification or accession: 10/04/97
157 FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
Signature: 25/07/96
Ratification or accession: 10/04/97
167 ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF SENTENCED PERSONS
Signature: 28/007/99
Ratification or accession: 28/07/99
173 CRIMINAL LAW CONVENTION ON CORRUPTION
Signature: 28/007/99
Ratification or accession: 28/07/99
Treaties of the Council of Europe signed but not ratified
by the Former Yugoslav Republic of Macedonia
No. |
TITLE date of signature |
|||||
035 |
||||||
Signature: 05/05/98 |
||||||
128 |
||||||
Signature: 05/05/98 |
||||||
141 |
CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME |
|||||
Signature: 14/12/99 |
||||||
142 |
||||||
Signature: 05/05/98 |
||||||
148 |
||||||
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 |
||||||
Signature: 04/04/97 |
||||||
165 |
CONVENTION ON THE RECOGNITION OF QUALIFICATIONS CONCERNING HIGHER EDUCATION IN THE EUROPEAN REGION |
|||||
Signature: 11/04/97 |
||||||
166 |
||||||
Signature: 06/11/97 |
||||||
168 |
||||||
Signature: 12/01/98 |
Reporting committee: Committee on the Honouring of Obligations and Commitments by Member States.
Reference to committee: Resolution 1115 (1997) of 27 January 1997
Draft resolution and draft recommendation unanimously adopted by the committee on 8 March 2000.
Members of the committee: MM. Mota Amaral (Chair), Sole Tura, Sinka, Ms Severinsen (Vice-Chairs), Ms Akgöncenç, MM. Akselsen, Angourakis, Atkinson, Averchev, Bársony, Baumel, Bindig, Brunetti, Dagys, Davis, Demetriou, Diana, Dumitrescu, Ms Durrieu, MM. Enright, Eörsi, Evangelisti, Eversdijk, Frey, Frunda, Gjellerod, Gross, Gürkan, Gusenbauer, Haraldsson, Holovaty, Irmer, Jansson, Jaskiernia, Jurgens, Ms Kautto, MM. Kostytsky, Koulouris, Kuzmickas, van der Linden, Magnusson, Marmazov, Moreels, Myrvoll, Nedelciuc, Ms Nemcova, MM. Pahor, Pollo, Pollozhani, Ms Poptodorova, Mr Ramirez-Pery, Ms Ringstad, MM. Saakashvili, Saglam, Ms Sehnalova, MM. Shaklein, Shishlov, Smorawinski, Solonari, Steolea, Ms Stoyanova, MM. Surjan, Taylor, Vahtre, Vella, Weiss, Ms Wohlwend, Mr Zierer.
N.B. The names of those members who took part in the meeting are printed in italics.
Secretaries to the committee: Mr Ausems, Mr Dufour, Mrs Chatzivassiliou and Ms Trévisan.
The use in the text of the term “Macedonia” is for descriptive purposes and the convenience of the reader and does not prejudge the position of the Assembly on the question of the name of the state.
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".