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Resolution 1949 (2013) Final version
Post-monitoring dialogue with “the former Yugoslav Republic of Macedonia”
1. “The former Yugoslav Republic of
Macedonia” joined the Council of Europe in 1995. In 2000, the Parliamentary
Assembly adopted Resolution
1213 (2000) on the honouring of obligations and commitments by “the
former Yugoslav Republic of Macedonia” and decided to close the
monitoring procedure. Since then, the Assembly has opened a dialogue
with the Macedonian authorities to monitor the implementation of
the remaining issues identified by the Assembly – including the
integration of ethnic minorities, education, reform of the judiciary,
freedom of expression, asylum and decentralisation – and any other
issues arising from its obligations as a member State of the Council
of Europe. Resolution 1710
(2010) on the term of office of co-rapporteurs of the Monitoring
Committee requires the Assembly to debate in plenary the report
on the post-monitoring dialogue with “the former Yugoslav Republic
of Macedonia”.
2. The Assembly regrets that the issue of the country’s name
continues to delay the opening of accession negotiations with the
European Union, as repeatedly recommended by the European Commission
since 2009, as well as the attempts of “the former Yugoslav Republic
of Macedonia” to join the North Atlantic Treaty Organisation (NATO),
despite the ruling of the International Court of Justice (ICJ) of
5 December 2011. The Assembly hopes that Greece will adopt a more
flexible approach to this issue. The Assembly also invites “the former
Yugoslav Republic of Macedonia” to pursue its dialogue under the
auspices of the United Nations with a view to settling the name
issue in the near future, and to develop constructive relations
with neighbouring countries, thus contributing to the overall stability
of the region.
3. The Assembly recalls that “the former Yugoslav Republic of
Macedonia” is a complex multi-cultural and multi-ethnic society.
After the 2001 interethnic conflict, the signing of the Ohrid Framework
Agreement (OFA) aimed to improve the rights of non-majority communities,
including those of the ethnic Albanians who represent some 25% of
the 2 million inhabitants, while maintaining the State’s unity.
The OFA provided, inter alia,
for constitutional amendments, provisions on language to regulate
and expand the use of the Albanian language, especially in communities
that are at least 20% Albanian, the introduction of proportional
representation in public administration and State institutions,
protection mechanisms for minorities in parliament, decentralisation,
and the use of a qualified, double majority facility (so-called
“Badinter rule”) when the parliament adopts laws that directly concern
the rights of national communities. The Assembly acknowledges that
the OFA has delivered overall peace and stability in the country
over the past decade, and led to substantial reforms.
4. The Assembly notes, however, that, more than 10 years after
the OFA, relations between the communities remain fragile. Continuing
tensions have led to a number of serious incidents involving members of
both the Macedonian and Albanian communities, especially over recent
months. The Assembly encourages the Macedonian authorities to continue
the effective implementation of the OFA and, in particular, to seek
to:
4.1. call on all political
and social stakeholders to refrain from using divisive nationalistic
rhetoric and to show respect and understanding for each community’s
identity and culture;
4.2. pursue the decentralisation process, including fiscal
decentralisation, ensure the proper training of members of staff
and locally elected representatives, and take advantage of the expertise
that could be provided by the Council of Europe in these areas;
4.3. present and debate the results of the implementation status
of policies arising from the OFA, in order to inspire new inclusive
policies and give a fresh impetus to the implementation of the OFA;
4.4. consider new confidence-building measures and inclusive
initiatives aimed at fostering a common vision for bringing all
communities together and building a prosperous society. In this
respect, the Assembly regrets the segregation which persists in
education and undermines the cohesion of future generations;
4.5. pursue its efforts to promote the cultural and linguistic
rights of the least represented communities of “the former Yugoslav
Republic of Macedonia”;
4.6. with a view to further protecting national minorities,
implement Committee of Ministers Resolution CM/ResCMN(2012)13 on
the implementation of the Framework Convention for the Protection
of National Minorities by “the former Yugoslav Republic of Macedonia”;
4.7. resume, without further delay, the preparation and conduct
of a census based on a methodology agreed by the key stakeholders,
as the results of this census will have a direct effect on all communities.
5. The Assembly is convinced that the full implementation of
the OFA in a fair, transparent and inclusive manner can contribute
to securing a peaceful coexistence and ensure the full participation
of non-majority communities, including the smallest ones, in public
life, and their access to social rights. Continuous efforts, through
dialogue and confidence-building measures, are therefore needed
to reach this objective.
6. The Assembly believes that “the former Yugoslav Republic of
Macedonia” should be supported in its efforts to consolidate democracy.
It notes, however, with concern, that a series of actions against
the media, opposition parties and non-governmental organisations
(NGOs) after the June 2011 parliamentary elections gave rise to
grave concerns within both the opposition and civil society, which
perceived these actions as biased and selective. According to the
Reporters Without Borders 2013 World Press Freedom Index, “the former
Yugoslav Republic of Macedonia” is ranked 116th out of 179 countries.
The Assembly therefore urges the Macedonian authorities to guarantee
full media freedom.
7. Public life remains highly divided along political and ethnic
lines, which hampers the development of an integrated and cohesive
society. Depoliticisation of public life is a challenging issue,
which has to be seriously addressed by the authorities and endorsed
by all political parties in order to enhance the transparency and efficiency
of public institutions, boost the socio-economic development of
the country and offer a more promising future for the country’s
youth.
8. The Assembly stresses that the efforts of the authorities
to put in place merit-based recruitment systems should be reinforced
and based on transparent criteria in selection or election processes.
In the context of the perceived polarisation and politicisation
of society, the ruling parties, which have held a majority both
in the parliament and at local level since the March 2013 elections,
have a major responsibility for ensuring that an inclusive dialogue
is developed with all segments of society and political parties.
9. In this respect, the Assembly deplores the serious incidents
that took place in the parliament on 24 December 2012 on the occasion
of the adoption of the 2013 budget, which sparked a political crisis,
leading the opposition to boycott the parliament early in 2013,
until an agreement was signed on 1 March 2013.
10. The Assembly invites the Macedonian authorities and all the
stakeholders to fully implement the 1 March 2013 agreement, and
in particular to:
10.1. accelerate
the setting up of a commission of inquiry to investigate the 24 December 2012
events and debate its findings so as to enable the parliament to
amend its Rules of Procedure and working methods accordingly;
10.2. revise the Electoral Code, taking account of all the recommendations
to be adopted by the European Commission for Democracy through Law
(Venice Commission) in June 2013 and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Co-operation
in Europe (OSCE/ODIHR). The Assembly also invites the Macedonian
authorities to address the electoral issues identified by the Parliamentary
Assembly’s ad hoc committee on the observation of the elections of
2011, in particular the blurring of the line between State and party
and the need to strengthen the legal mechanisms for protecting the
status of public officials, especially at the local level, in order
to deal effectively with the perceived widespread cases of pressure
and threats made during the election campaign that individuals would
lose their jobs.
11. The Assembly urges the political parties to engage in a constructive
dialogue to ensure the proper functioning of the parliament and
the adoption of a code of ethics, and to solicit the expertise of
the Parliamentary Assembly to enhance the functioning of the parliament
by means of co-operation programmes.
12. The Assembly calls on the Macedonian authorities to secure
the freedom of the media, given the weaknesses of the media sector:
the high number of media outlets; the heavy dependence of the media (around
50%) on public advertising, which raises concerns about political
interference with the media; insufficient professional standards
to enable independent, balanced and investigative journalism; and
the problems posed by the switch to digital broadcasting in 2013.
13. While the Assembly welcomes the decriminalisation of defamation
in 2012, it notes that the newly adopted Law on Civil Liability
for Insult and Defamation, and the financial compensation to be
paid in civil proceedings, could have a serious economic impact
on the viability of the media, and might lead to unintended self-censorship.
The Assembly therefore urges the authorities to pursue dialogue
with associations of journalists, enhance freedom of expression
in future legislation, facilitate the setting up of a self-regulatory
body and ensure that the Broadcasting Council, in its new composition,
is seen to be independent and performs its work without undue political
interference.
14. Concerning the respect of the rule of law, the Assembly considers
that an efficient, independent judicial system is fundamental to
democracy. It welcomes the reforms undertaken by “the former Yugoslav
Republic of Macedonia” to amend its legislation and implement the
newly adopted Criminal Procedure Code. It notes, however, that citizens
have little confidence in the justice system, and urges the Macedonian
authorities to ensure that the conditions are met for the creation
of a non-selective justice system. In this context, the Assembly
invites “the former Yugoslav Republic of Macedonia” to reinforce
training programmes for judges and prosecutors.
15. The Assembly notes with satisfaction the positive trend observed
over the past five years in the Transparency International Corruption
Perceptions Index. It considers that the fight against corruption
must remain a priority: corruption seriously undermines the functioning
of democratic and judicial institutions and public services, and
the trust of citizens in public institutions. The Assembly welcomes
the adoption of the amendments to the Law on Financing of Political
Parties in October 2011, November 2012 and February 2013, and to
the Criminal Code in 2011. It encourages the Macedonian authorities
to fully implement these newly adopted provisions and ensure the
training of all stakeholders. It urges “the former Yugoslav Republic
of Macedonia” to amend its legislation to comply with the remaining
recommendations of the Group of States against Corruption (GRECO),
to strengthen the independence and impartiality of the State Commission
for the Prevention of Corruption, and to provide stronger legal
and institutional protection for “whistle-blowers”.
16. Concerning the protection of human rights, the Assembly encourages
“the former Yugoslav Republic of Macedonia” to confront its past
and redress unresolved human rights issues, as highlighted by the
Council of Europe Commissioner for Human Rights in April 2013. It
expresses, however, its concern about the highly controversial Lustration
Law, and invites the Macedonian authorities to comply with the decision
of the Constitutional Court in the light of the amicus curiae brief adopted by the
Venice Commission in March 2013.
17. The Assembly calls on the Macedonian authorities to intensify
efforts to combat discrimination, in particular against the Roma,
pursue local integration programmes and ensure effective access
to identification documents, as well as access to health care and
social rights. The Assembly recalls that the fight against discrimination
should encompass all forms of discrimination, including prejudice
against sexual orientation. The Assembly therefore calls on the
Macedonian authorities to allocate sufficient financial and human
resources to this area and to ensure the proper functioning of the
Office of the Ombudsman.
18. The Assembly remains concerned by the measures taken to combat
“bogus asylum seekers” – mainly Roma people. The Assembly recalls
that the right of the individual to leave his or her country is
an established human right, guaranteed by Article 2 of Protocol
No. 4 to the European Convention on Human Rights (ETS No. 46), and
enshrined in Article 14 of the Universal Declaration of Human Rights.
Consequently, the Assembly urges the Macedonian authorities to refrain
from any action violating this fundamental freedom and to work on
further improving the living conditions of the communities concerned.
19. The Assembly takes note of the efforts made by “the former
Yugoslav Republic of Macedonia” to combat torture and ill-treatment.
However, it invites “the former Yugoslav Republic of Macedonia”
to implement the remaining recommendations of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT). The Assembly welcomes the launch of a joint
Council of Europe/European Union programme on “Capacity building
of the law enforcement agencies for appropriate treatment of detained
and sentenced persons” in December 2012, and calls for further co-operation
programmes in the field of human rights.
20. The Assembly welcomes the amendments to the Law on Asylum
and Temporary Protection adopted in 2012 and the launch of a strategy
on integration of refugees (2008-2015). It calls on the authorities
to allocate the necessary funds to fully implement the national
action plan envisaged with a view to consolidating the access of
refugees to housing, education, health protection, employment and
social protection, and to further secure the legal protection and
rights of refugees and asylum seekers, in co-operation with the
United Nations High Commissioner for Refugees.
21. In conclusion, the Assembly is fully aware that “the former
Yugoslav Republic of Macedonia” has multi-level challenges to face
to secure its political stability and social cohesion. Its aspiration
to further integrate into Europe and fully comply with European
standards in the fields of human rights, democracy and the rule
of law should be praised and supported. However, serious doubts
remain as to whether there is sufficient political stability in
“the former Yugoslav Republic of Macedonia” to carry out the required
reforms at a regular pace.
22. In the light of the above, the Assembly calls on the Secretary
General of the Council of Europe to consider the opening of a Council
of Europe office to assist “the former Yugoslav Republic of Macedonia”
in pursuing its democratisation efforts, to follow current political
developments in the country, to provide advice and Council of Europe
expertise, if and when needed, and generally to enhance and co-ordinate
co-operation with the Macedonian authorities.
23. In the meantime, the Assembly resolves to pursue its post-monitoring
dialogue with “the former Yugoslav Republic of Macedonia” on the
issues raised in this resolution. It encourages the rapporteur to
pay frequent visits to the country in order to support and evaluate
the process of fulfilment of obligations and commitments in the
post-monitoring dialogue.