3 October 1997       Doc. 7940

ADOC7940

      MOTION FOR A RECOMMENDATION

      on the events in Gostivar and the trial against the Mayor of Gostivar

      and the Chairman of the Municipal Council of Gostivar

      presented by Mr Tahiri and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The Assembly recalls that the Republic of Macedonia upon its accession to the Council of Europe expressed its willingness to fulfil the obligations and commitments set out in paragraphs 9 and 10 of Opinion No. 191 (1995). Having in mind its multi-ethnic composition, the Republic of Macedonia was obliged to frame its policy toward national minorities in accordance within the Framework Convention for Protection of National Minorities as well as with the principles set out in Assembly Recommendation 1201 (1993) for an Additional Protocol to the European Convention on Human Rights. At the same time it was obliged to adopt a law on secondary and higher education in accordance with Council of Europe standards. Macedonia was obliged to ensure the right to a fair trial and the independence of the judiciary.

      The Assembly realises from the documents prepared by different committees and presented in the Assembly debate on 27 September 1995, that in the Republic of Macedonia several open problems still exist in inter-ethnic relations. Specifically, those reports pointed out problems in higher education (for example, University of Tetova) and general complaints of Albanians in Macedonia about their constitutional status. In spite of the fact that in many areas, thanks to readiness for compromise on both sides, a satisfactory solution has been reached, some questions remain unsolved (higher education, the public use of Albanian language, and the participation of Albanians in public life).

      As regards the use of national symbols such as flags, a very delicate situation exists in Macedonia. Despite the agreement achieved between political parties which make up the coalition, i.e. the Social Democratic Union and the Socialist Party on one side, and the Party for Democratic Prosperity of Albanians on the other, the law on the use of the flags of nationalities is regarded as unacceptable by the opposition parties of Macedonians as well as by the Albanians.

      In one unusually tense situation, unfortunately, the police overreacted using unusual force, and endangering individuals and families. Three people were killed and hundreds wounded and arrested. The Parliament and Government have appointed two committees to investigate the possible overreaction of the police and the responsibility of the Ministry of the Interior. Following the findings of these committees, a decision should be taken about the next steps.

      To all of this, unfortunately, we have to add the unfair judicial process in Gostivar against the Mayor of Gostivar, Mr. Rufi Osmani and the Chairman of the Municipal Council Mr. Refik Dauti, which has given a ruling in a highly-charged atmosphere, with great speed, and with the scandalous outcome of extremely severe punishments: 13 years and 8 months imprisonment for the Mayor of Gostivar and 3 years for the Chairman of the Municipal Council of Gostivar. Public opinion considers this to be a threat to the ongoing democratic process in Macedonia and considers that it shows the direct influence of the political underground.

      The Assembly suggests that the Committee on Legal Affairs and Human Rights should organise a fact-finding mission, through its Sub-Committee on Human Rights, and urges the Monitoring Committee to prepare a report on Macedonia as soon as possible with regard to the above-mentioned situation.

      Bearing in mind the situation presented above, the Assembly recommends that the Committee of Ministers and the Secretary General of the Council of Europe ask the Macedonian authorities for information about events in Gostivar and the trial of the Mayor of Gostivar and insist on the fulfilment of the commitments and obligations entered into by Macedonia upon accession to the Council of Europe.

      Signed: ¹

Tahiri,the former Yugoslav Republic of Macedonia, EDG

Begaj, Albania, SOC

Bindig, Germany, SOC

Clerfayt, Belgium, LDR

Columberg, Suisse, EPP

Dokle, Albania, SOC

Fleetwood, Sweden, EDG

Jurgens, Netherlands, SOC

Kirkhill, United Kingdom, SOC

Kitov, Bulgaria, EPP

Kovacevik, Croatia, LDR

Loutfi, Bulgaria, LDR

Magnusson, Sweden, SOC

Martelli, Italy, EDG

Mészáros, Hungary, LDR

Muehlemann, Switzerland, LDR

Olrich, Iceland, EDG

Pollo, Albania, EPP

Prusi, the former Yugoslav Republic of Macedonia, EDG

Solé Tura, Spain, SOC

Stepova, Czech Republic, SOC

Szakál, Hungary, EDG

Tanik, Turkey, EDG

Weyts, Belgium, EPP

Wohlwend, Liechtenstein, EPP

¹ .        SOC: Socialist Group

      EPP: Group of the European People's Party

      EDG: European Democratic Group

      LDR: Liberal, Democratic and Reformers Group

      UEL: Group of the Unified European Left

      NR: Not registered in any political group