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Resolution 2304 (2019)
Post-monitoring dialogue with North Macedonia
1. North Macedonia joined the Council
of Europe in 1995. Since the year 2000, it has been engaged in a post-monitoring
dialogue with the Parliamentary Assembly. In its Resolution 1949 (2013),
the Assembly highlighted the multi-level challenges that North Macedonia
had to face in order to secure its political stability and social
cohesion.
2. Since the last report of the Assembly, the country has remained
committed to its Euro-Atlantic integration agenda, which has been
a consensual strategic objective, transcending political and ethnic
differences. The Assembly welcomes the breakthrough agreement signed
with Greece in Prespa on 17 June 2018, which put an end to the twenty-seven-year
name dispute, changing the country’s name from “the former Yugoslav Republic
of Macedonia” to “the Republic of North Macedonia”, which is now
recognised by all United Nations member States. This was crucial
in unblocking negotiations towards integration into the North Atlantic
Treaty Organisation (NATO), and for the possible launch of European
Union accession negotiations. On 30 September 2018, 94% of voters
expressed their support for European Union and NATO membership by accepting
the Prespa Agreement in a consultative referendum which, although
invalid due to the low turnout (36%), gave a clear indication of
the people’s will. As a result, the parliament adopted the constitutional amendments
on 13 December 2018. The official name of the country changed on
12 February 2019 after the ratification of the Prespa Agreement
by the Greek Parliament on 26 January 2019.
3. The Assembly also welcomes the signature of the Agreement
on Friendship, Good Neighbourly Relations and Co-operation with
Bulgaria on 1 August 2017, which paved the way towards enhanced
bilateral co-operation. At the same time, the Assembly acknowledges
that North Macedonia, along with its neighbours, experienced migration
inflows through the “Balkan routes” and faced, with limited resources,
a major humanitarian crisis triggered by the conflicts in Syria
and Iraq and which very much affected the country.
4. Since the adoption of the last Assembly resolution, the country
has experienced profound political changes: in 2014, the opposition
rejected the results of the 2014 presidential elections and boycotted
the parliament after the 2014 early elections. The release of illegally
wiretapped conversations stirred a major political crisis that lasted
two years. The signing of the European Union-sponsored, cross-party
and cross-ethnicity Pržino Agreements in June 2015 and July 2016
resulted in the resignation of Prime Minister Gruevski. Other developments
that arose from these agreements include the establishment of a
technocratic government from July 2016 to January 2017 with the
participation of opposition members, amendments to the electoral legislation,
the organisation of early parliamentary elections on 11 December
2016 and a change of power.
5. The Pržino Agreements also stipulated the creation of the
office of the “Special Prosecutor for Crimes Related to and Arising
from the Content of the Illegal Interception of Communications”
which has been, for a limited period of time and under exceptional
political circumstances, investigating politically sensitive allegations
of crimes deriving from the illegally wiretapped conversations.
The Assembly welcomes the outstanding work carried out by this office,
which pressed charges in 20 high-level cases and indicted more than
100 people in at least 18 cases of serious criminal offences, most
of them concerning abuse of office, abuse of position, forgery of
documents, embezzlement and large-scale fraud. This office has played
a crucial role in normalising the situation and ensuring the investigation
of the alleged cases arising from the illegally wiretapped conversations.
The Assembly expects that those responsible will be held accountable,
considering that amnesty laws should not contravene fundamental
rights. It also calls on the Hungarian authorities to extradite
Mr Gruevski in order to allow the continuation of his trial.
6. The Assembly commends the main political parties for reaching
the Pržino Agreements and solving, through negotiations, the political
crisis. The Assembly was, however, appalled by the storming of the parliament
on 27 April 2017 before the formation of a new government. The Assembly
strongly condemns this violence and calls on the authorities to
ensure that the perpetrators and those who instigated these events
are duly prosecuted.
7. The release of the wiretapped conversations revealed serious
dysfunctions and a concentration of power within the national security
service (UBK). The Assembly therefore welcomes the recent upgrading
of the legal framework including the adoption, in March 2019, of
the Law on the State Security Agency, the setting up of an operational
technical agency operating upon court orders and the monitoring
of the activities of the intelligence service by a parliamentary
oversight committee chaired by the opposition. These measures should provide
safeguards and limit potential abuse.
8. The Assembly welcomes the attitude shown by the opposition
parties, who participated actively in the work of the parliament
and enabled the adoption of important pieces of legislation required
to fulfil the country’s aspirations to accede to the European Union.
It also notes that the legislative procedure was marked by institutional
deadlock after the President of the Republic of North Macedonia
refused, for the second time, to promulgate laws adopted by the
parliament. The Assembly therefore urges the authorities to prevent institutional
deadlock by amending the constitution and avoiding the use of a
presidential “pocket veto”, and to reconsider the President’s power
to pardon. The Assembly also strongly encourages all political stakeholders to
draw up legal solutions to situations causing systemic deadlock.
9. The Assembly commends the authorities for launching ambitious
reform plans (so-called 3-6-9 Plan and Plan 18) based on the urgent
priorities and recommendations identified by the European Commission
Senior Expert Group (so-called Priebe Report) in four key areas:
reforms of the judicial system, the security services, public administration
and anti-corruption policies. The Assembly welcomes the excellent
co-operation established by the authorities with the Council of
Europe and its European Commission for Democracy through Law (Venice
Commission) and the setting up of a Council of Europe project office
in Skopje, in line with the Assembly’s proposal in its Recommendation 2022 (2013).
10. In this context, the Assembly welcomes the steps taken to
increase the independence and accountability of the justice system
and restore trust in the judiciary, in particular:
10.1. the abolition of the Council
for Disciplinary Liability and Evaluation of Judges, in line with
the recommendations in the Venice Commission 2015 opinion;
10.2. the suspension of the lustration process and the abolition
of the lustration law in 2015, the abolition of the Lustration Committee
in 2017 as requested by the Assembly in its Resolution 1949 (2013) and the 2012
Amicus curiae brief of the Venice Commission;
10.3. the adoption of the Law on Courts, the Law on Judges and
the Law on the Judicial Council which broadly comply with the opinions
issued by the Venice Commission in 2018 and 2019.
11. The Assembly invites the authorities of North Macedonia to
pursue legal reforms, and in particular to:
11.1. revise the Law on the Prosecutor’s Office and the Law
on the Council of Prosecutors, which should ensure that the Prosecutor’s
Office works as an independent body; to seek the expertise of the Council
of Europe to ensure the compliance of these laws with Council of
Europe standards;
11.2. ensure that the reform of the Prosecutor’s Office enables
the Special Prosecutor for Crimes Related to and Arising from the
Content of the Illegal Interception of Communications to carry on
its task, finalise the ongoing investigations and handle sensitive
cases with the requisite autonomy and independence.
12. Corruption remains a serious problem in North Macedonia. The
Assembly acknowledges the progress made in reforming the legal framework
and institutions. In particular, the Assembly welcomes the adoption
of the following laws in 2019: the Law on the Prevention of Corruption
and Conflict of Interest, the Law on Lobbying, the Law on Free Access
to Information of Public Character and the Law on the Protection
of Whistle-blowers. The establishment of a new State Commission
for the prevention of corruption following an open and transparent
appointment procedure is also to be welcomed. The Assembly also
welcomes the setting up of internal and external oversight mechanisms
over the police forces, who remain perceived as politicised.
13. However, more effort needs to be made in the fight against
corruption:
13.1. concerning the
prevention of the corruption of public officials, the Assembly calls
on the authorities to fully implement the recommendations issued
by the Group of States against Corruption (GRECO) in 2018 on corruption
prevention in respect of members of parliament, judges and prosecutors;
13.2. the Assembly calls on the authorities to implement the
recommendations issued by GRECO in 2019. The most relevant recommendations
include: the strengthening of the operational independence of the
police, the strengthening of the efficiency of internal control
mechanisms, subordinated directly to the Minister of the Interior,
and the strengthening of external oversight performed by the parliament,
the ombudsman and the public prosecutor. This needs to be done in
order to improve the public accountability of the police. North
Macedonia should also heed GRECO’s call for the adoption of a code of
ethics for the police, addressing issues such as integrity, conflicts
of interest, gifts and the prevention of corruption within the police.
14. In the light of the findings of its election observation missions
of 2014 (presidential and early parliamentary elections) and 2016
(early parliamentary elections), the Assembly calls on the authorities
to upgrade the electoral framework and to reform the electoral code,
in co-operation with the Venice Commission and in line with its
2016 Opinion. The Assembly takes note of the announced intention
of revising the electoral system and urges the authorities to ensure
a public and inclusive process in order to reach a consensual solution
sufficiently in advance of the next elections.
15. In the field of human rights, the Assembly calls on the authorities
to implement the recommendations of the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
to improve conditions in prisons and psychiatric institutions. It
urges the authorities to address, as a matter of priority, the situation
of Idrizovo Prison and the continued problems of ill-treatment.
In this context, the Assembly welcomes the adoption, in March 2017,
of a strategy for the implementation of the policy of zero tolerance
for ill-treatment and a plan for the prevention of corruption among
the staff at prisons and correctional education facilities. In addition,
the Assembly takes note of the adoption, in 2018, of standardised
operating procedures and a new code of conduct for staff at prisons
and at correctional education facilities, which should establish
more effective mechanisms for dealing with cases of ill-treatment
of persons deprived of their freedom. Other measures that ought
to be welcomed include: steps aimed at improving detention conditions; the
development of a sustainable probation system and alternative measures,
which should help to tackle overcrowding; the renovation of detention
premises, including Idrizovo Prison, with the support of the Council of
Europe Development Bank; and increased internal and external oversight
of the police forces by the Ministry of the Interior, the prosecutor’s
office and the ombudsman.
16. In line with the recommendations of the European Commission
against Racism and Intolerance (ECRI), the Assembly expects the
resources of the ombudsman institution to be strengthened in order
to ensure that the institution will be able to carry out its tasks
as a national preventive mechanism of the Optional Protocol to the
United Nations Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (OPCAT), an oversight mechanism
over the police and prison police officers, an assistance provider
for victims and a monitoring body for the Convention on the Rights
of Persons with Disabilities and its Optional Protocol.
17. In the media field, the Assembly notes the improvement of
the working environment and safety of journalists in recent months,
and the adoption of the Law on Audio and Audiovisual Media Services
in 2018. It notes, however, that the financial sustainability of
media remains a challenge and expects the strengthening of the regulatory
bodies and the strengthening of the independence of the media. The
interests of the different ethnic groups should be duly reflected
in the media policy. The Assembly also expects the reinforcement
of the public broadcasting company, which still needs to be reformed
in order to become a high-quality and independent public medium.
18. The Assembly acknowledges the progress made in fighting discrimination:
the Law on Prevention and Protection against Discrimination, adopted
in March 2019, explicitly forbids discrimination based on sexual orientation
and gender identity and allows courts to impose effective, proportional
and dissuasive sanctions. The Assembly, however, invites the authorities
to strengthen the composition and capacities of the State Commission
for the Protection against Discrimination, taking into account the
2018 recommendations of the Venice Commission and the Committee
of Ministers to ensure that this State Commission can function properly as
a professional, fully independent equality body. The Assembly also
stresses the need to reinforce the fight against hate speech and
welcomes in this respect the amendments to the criminal code.
19. Concerning interethnic relationships, the Assembly recalls
the contribution of the Ohrid Framework Agreement (OFA) to securing
the peaceful co-existence of ethnic communities in North Macedonia
after 2001. It also notes that interethnic relationships remain
fragile. It therefore welcomes the adoption of the Law on Languages
in 2019, which was one of the last requirements stipulated in the
OFA and invites the authorities of the country to take into account
the upcoming opinion of the Venice Commission on that law. The Assembly calls
on the authorities to further strengthen the building of an inclusive
society, and notably to:
19.1. take
all measures to build an integrated and multicultural education
system, in line with the Committee of Ministers’ recommendations
on the implementation of the Framework Convention for the Protection
of National Minorities (ETS
No. 157), ratified by the country in 1997;
19.2. ensure the effective implementation of the Law on Languages
and the operational functioning and monitoring of the Agency for
the Implementation of the Language Spoken by at least 20% of the Citizens
of North Macedonia, whilst also taking into account the opinion
requested from the Venice Commission on this law and paying special
attention to the needs of languages which fall below the 20% threshold;
19.3. take all measures necessary to prevent and diffuse ethnic
tensions and to thoroughly investigate alleged cases of ethnically-motivated
crimes;
19.4. ensure equitable representation of minorities in the public
administrations;
19.5. reach the necessary political agreement to carry out a
census, in line with international standards;
19.6. pursue effective decentralisation policies, including
fiscal decentralisation, and the proper implementation of the Law
on Equal Regional Development;
19.7. foster inclusive policies aimed at consolidating social
cohesion and take resolute action to combat discrimination against
the Roma community, while pursuing the efforts to identify unregistered
people and ensure their access to social, health and education services.
20. The Assembly welcomes progress made in promoting gender equality
in North Macedonia. It encourages the authorities to pursue their
efforts to reach the objective of a 50% participation of women in election
processes and decision making. The Assembly equally encourages the
authorities to further develop gender budgeting measures.
21. The Assembly congratulates the country for the ratification
of the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (CETS
No. 210, “Istanbul Convention”) in March 2018. It encourages
the authorities to adopt the new Law for the Prevention of and Protection
against Gender-based Violence, to increase the level of services
for victims and to improve the training for those professionals
dealing with violence against women and domestic violence.
22. As regards the rights of the LGBTI people, the Assembly welcomes
the anti-discrimination provisions included in the Anti-discrimination
Law and other pieces of legislation, as well as the holding of the
first Pride Parade on 29 June 2019. It invites the country to carry
out an independent and comprehensive study on all forms of discriminations
against LGBTI people, as suggested by ECRI.
23. In conclusion, the Assembly commends the authorities of North
Macedonia for the progress made since the adoption of the last report
on the post-monitoring dialogue in 2013. It further welcomes the
steps undertaken, after a two-year political transition period,
to normalise the situation of the country and comply with Council
of Europe standards in the fields of rule of law, democracy and
human rights and the outstanding improvement of its relations with
its neighbouring countries.
24. It stresses, however, that the recently adopted laws need
to be fully implemented in order to strengthen the sustainability
of State institutions, the independence of the judicial institutions,
and the consolidation of the rule of law.
25. In this context, the Assembly resolves to pursue the post-monitoring
dialogue with North Macedonia, and to assess, in its next report,
the progress made in particular in the following areas:
25.1. the further consolidation of
the sustainability and functioning of democratic institutions;
25.2. the independence of the judiciary, notably the strengthening
of the independence and accountability of judges and prosecutors.
The Assembly expects the reform of the prosecutor’s office to be
done in line with Council of Europe standards and to ensure that
the special prosecutor’s office, which has played an important role
in addressing highly sensitive cases, will be in a position to operate,
within the national public prosecutor’s office, without undue political
interference;
25.3. the fight against corruption, in line with the recommendations
issued by the GRECO, in particular with respect to high-level corruption
cases and non-selective implementation of laws and policies;
25.4. the consolidation of its electoral framework, in line
with the recommendations of the Venice Commission and the Parliamentary
Assembly election observation mission reports;
25.5. the pursuance of inclusive policies aiming at securing
the rights of minorities, in the spirit of the Ohrid Framework Agreement,
including for the Roma community.