Application by the former Yugoslav Republic of Macedonia for membership of the Council of Europe

26 September 1995

Doc. 7403

1403-26/9/95-13-E

OPINION

on the application by

"The Former Yugoslav Republic of Macedonia"

for membership of the Council of Europe

(Rapporteur: Mr RUFFY,

Switzerland, Socialist)

Introduction

Macedonians are, in a way, the youngest of Europe's peoples, as the Republic of Macedonia only came into being after the second world war, as part of the Yugoslav federation. After the breakup of Yugoslavia, Macedonia had great difficulty obtaining international recognition, and was only admitted to the United Nations on 8 April 1993 as "The Former Yugoslav Republic of Macedonia". This provisional name was also used by the Parliamentary Assembly of the Council of Europe when it granted the country special guest status on 13 May 1993. However, I shall use the name "Macedonia" in this report, as the Political Affairs Committee also chose to do, since the denomination in practice in the United Nations is completely artificial and has never been convincing.

Macedonia applied to join the Council of Europe on 25 June 1993. The Committee on Relations with European Non-Member Countries has been following developments in Macedonia very closely since its declaration of independence on 17 September 1991. I went to Skopje from 26 to 30 March 1993 following Macedonia's request for special guest status. The committee held a plenary meeting in Ohrid from 23 to 24 May 1994, and the three Assembly rapporteurs on Macedonia's application for membership visited Macedonia from 17 to 20 May 1995.

The report by Ms Lentz-Cornette on behalf of the Political Affairs Committee gives a favourable opinion regarding Macedonia's accession to the Council of Europe, subject to its entering into a certain number of commitments.

I also share this opinion.

In this report I shall look at the conditions for international recognition of the country, the domestic political situation, the international environment and progress towards democracy.

I. Difficult international recognition

Unlike Slovenia and Croatia, Macedonia has had great difficulty in obtaining international recognition. On 11 January 1992 the Arbitration Commission, chaired by Mr Badinter, found the Republic of Macedonia eligible for recognition after its Assembly had adopted the following amendments to the constitution of 17 November 1991:

—th e Republic of Macedonia has no territorial claims against neighbouring states;—

—th e borders of the Republic of Macedonia can only be changed in accordance with the constitution, and on the basis of agreement between states and compliance with generally accepted international norms;—

—th e republic shall not impinge upon the sovereign rights of other states, nor interfere in their internal affairs.In

In January 1992, Bulgaria was the first country to recognise the new republic, but did not, however, recognise Macedonian nationality. Other countries followed: Turkey, Slovenia, Croatia, Bosnia, Lithuania, Russia, etc. Albania recognised "The Former Yugoslav Republic of Macedonia" on 26 April 1993, and several European Union countries (Belgium, France, Germany, United Kingdom, Italy, Netherlands and Denmark) did so in December 1993, a few days before the start of the Greek presidency. The United States and Australia recognised the new republic on 8 February 1994. At the beginning of March 1994, sixty-three countries had recognised the new republic, but most of these had recognised "The Former Yugoslav Republic of Macedonia" and not "Macedonia".

II. The domestic political situation

Since 1990, several pluralist elections have been held in Macedonia. A new population census was performed in 1994. However, tensions still exist in the area of community relations, particularly concerning the Albanian community.

1. Pluralist elections

The first multi-party elections were held in 1990. On 8 September 1991 the population voted in a referendum for a sovereign and independent state. On 17 November 1991 the Assembly adopted a new constitution. During the life of the first parliament, its work was virtually brought to a standstill by a conflict between the government and the opposition parties. As a result, much of the legislation in force today dates from the communist era.

The second parliamentary elections, and the presidential election, were held in October 1994. The Parliamentary Assembly delegation monitoring these elections described them as "free and fair", although the two main opposition parties (the VMRO-DPMNE and the Democratic Party) boycotted the second round of the elections and are therefore not represented in parliament.

The former President of the Republic, Mr Kiro Gligorov, was re-elected with 52,60% of the vote, while the VMRO candidate, Ljubisa Georgijevski, reached only 14,2%. The Alliance for Macedonia (a coalition of the Social Democratic Alliance of Macedonia and the Liberal and Socialist Parties) won the parliamentary elections. The new government, led by Mr Branko Crvenkovski, consists of ten members from the Social Democratic Alliance, four from the Liberal Party, two from the Socialist Party and four from the main Albanian party (Party of Democratic Prosperity).

2. The 1994 census

During my first visit to Macedonia, I was struck by the protests of representatives of the different national communities, claiming that their membership had been artificially under-estimated during the census of May 1991.

These doubts were poisoning the political life of the country, as they resulted in various demands on the part of these communities.

For this reason, a new census was held in June 1994, with the help of international experts, inter alia from the Council of Europe. According to this census, Macedonia has a population of approximately two million, broken down as follows:

—Ma cedonians:66 ,5%—

—Al banians:22 ,9%—

—Tu rks:4% —R

—Ro ma:2, 3%—

—Se rbs:2% —V

—Vl achs:0, 4%.Th

This census undoubtedly brought about more serenity in the debate concerning national communities and some more moderation in the claims of some of them.

3. Community relations

Despite its mixed population and its geographical location at the heart of the Balkans, Macedonia has managed not to become involved in the conflicts affecting the region. In this respect it constitutes a model for the coexistence of different nationalities which commands respect, and can only be strengthened by the country's rapid accession to the Council of Europe.

However, a number of incidents have occurred, mainly involving the Albanian community, and leading to a split in January 1994 within the Albanian "Party of Democratic Prosperity", one of whose wings is represented in government.

In the spring of that year, the Government of "The Former Yugoslav Republic of Macedonia" tried to prevent, by force, the opening of an Albanian language university in the town of Tetova. The Albanian Government expressed its concern, especially since in its view the request to open the university was legal, as Article 45 of the constitution recognised the right of citizens to set up private schools at all levels of education except primary schools. It must be added, however, that under Article 48 of the constitution, "members of nationalities have the right to instruction in their language in primary and secondary education, as determined by the law. In schools where education is carried out in the language of a nationality, the Macedonian language is also studied".

III. A haven of stability in the Balkans

Despite a hostile and unstable environment, Macedonia, thanks to the moderation of its leadership, has been spared by the war which has been raging in the Balkans since the breakup of the Yugoslav federation.

In November 1992 the United Nations decided, for the first time ever, to send a preventive peacekeeping force to Macedonia. In spring 1993, 700 Canadians, Scandinavians and Finns arrived, joined on 5 July by American United Nations forces who took up position on the border with Serbia. Their mandate was to observe and report any events likely to threaten stability. The United Nations Centre for Human Rights and the OSCE also sent missions on the spot.

It does not seem necessary, for the purposes of this opinion, to go into the more or less antagonistic relations which have existed between Macedonia and her four immediate neighbours: Albania, Bulgaria, Greece and Serbia. These relations have been remarkably well analysed in the report written by Ms Lentz-Cornette on behalf of the Political Affairs Committee.

I would like to draw attention, however, to the trade embargo imposed on Macedonia by Greece on 16 February 1994. This has caused enormous problems for the country, which was already suffering from the international sanctions against Serbia. At its meeting in Ohrid in May 1994, the Committee on Relations with European Non-Member Countries adopted the following declaration:

"The Committee on Relations with European Non-Member Countries meeting in Ohrid on 23 and 24 May 1994, welcomes Resolution 1027 (1994) which strongly disapproves of the embargo by Greece against 'The Former Yugoslav Republic of Macedonia' adopted by the Standing Committee of the Parliamentary Assembly of the Council of Europe on 28 February 1994, and deplores the failure of Greece to comply with the provisions of the resolution some three months following its adoption.

The committee is concerned at the increasingly detrimental effects the embargo is having on the economy of 'The Former Yugoslav Republic of Macedonia' which threatens the fragile stability of this most vulnerable region; and calls upon the Parliamentary Assembly at its next plenary session to again debate the refusal by Greece to remise the embargo, possibly under urgent procedure, with a view to taking more positive measures until the embargo is lifted and until meaningful discussions take place to have this matter resolved in a peaceful and constructive manner.

The committee urges the Assembly to renew its invitation to the Chairman-in-Office of the Committee of Ministers, the President of the Assembly and the Secretary General of the Council of Europe to take concrete initiatives to bring the parties concerned together to find a definitive solution."

On 13 September 1995, the Ministers for Foreign Affairs of Greece and Macedonia, MM. Carolos Papoulias and Stevo Crvenkovski, finally signed in New York an agreement, which was quoted as "historical", providing for the lifting of the economic embargo imposed by Athens on Skopje and for the modification of the current Macedonian flag, on which appeared the "Vergina sun" considered by Athens as belonging to Greece's historical heritage. Furthermore, the two countries will open liaison offices in their mutual capitals. The agreement also provides for the free circulation of persons and goods between the two countries. As for the issue of the final name, it will be discussed during forthcoming negotiations.

The signature of this agreement is a very important step towards normalising the international relations in a region of Europe which is subject to permanent tension and the Greek and Macedonian authorities should be congratulated on the constructive spirit with which they improved their relations. The very fact that the agreement was signed on the eve of the Parliamentary Assembly's debate is an additional positive element for the accession of Macedonia to the Council of Europe.

IV. Progress towards democracy

On the domestic front, it must be acknowledged that Macedonia is still governed by the former communist leaders, in particular President Gligorov. The reins of government are held by the three parties born of the former Communist League of Macedonia: the Social Democratic Alliance of Macedonia, the Liberal Party and the Socialist Party. There are various opposition parties, grouped around the nationalists of the VMRO (Internal Macedonian Revolutionary Organisation), the Democratic Party and the pro-Serb Party of the Yugoslavs.

It should nevertheless be recalled that President Gligorov had caused some surprise at the 1982 Party Congress when he presented his views on the economic reform. He in particular requested that market principles be taken into account and that economic realities be respected. For a long time he had been the leader of the transition, which explains that he stayed in power and that his authority is widely recognised in his country as well as on the international scene.

It must be said that since 1990 Macedonia has made considerable progress towards democracy, holding relatively free parliamentary and presidential elections and adopting a new constitution. In their report for the Bureau of the Assembly, Sir John Freeland, Judge of the European Court of Human Rights, and Mr Gaukur Jörundsson, member of the European Commission of Human Rights, said that they were "struck by the very complete regime of human rights protection set out in the constitution which in many respects goes beyond the minimum stipulation of rights provided for in the European Convention on Human Rights and its protocols ... Undoubtedly the legal framework for the development of individual rights is present. However, confidence in the administration of justice and a readiness fully to utilise remedies need to take firmer root".

The same shortcomings exist in the area of the protection of national minorities. The legal framework exists, but there is room for improvement regarding its implementation. It is regrettable, for example, that the Council for Inter-Ethnic Relations provided for under Article 78 of the constitution has only just started to function.

It must be acknowledged, however, that the situation in Macedonia, on both the domestic and external front (a variety of nationalities, complex relations with its immediate neighbours) does not make for smooth progress on the road to democracy. Against this background, it is all the more remarkable that Macedonia's transition to an independent state following the breakup of the Yugoslav federation has been a peaceful one, unlike several other former Yugoslav republics. In addition, as noted by the two "eminent jurists" referred to above, the changes that have taken place so far comply with Council of Europe human rights standards and the rule of law. However, much work still remains to be done, for example in preparing a new penal code and code of criminal procedure.

Conclusions

The Committee on Relations with European Non-Member Countries, which has closely followed the developments in Macedonia since its independence, has been able to observe the efforts made by this small, multi-ethnic republic located at the heart of the Balkans. Despite a hostile international environment, Macedonia's transition to an independent state has been a bloodless one and it has succeeded in normalising its relations with its neighbours, in particular with Greece. Furthermore, unlike other states applying for membership of the Council of Europe, Macedonia is in control of her entire territory. The reforms carried out on the path to democracy (constitution, elections, census, etc.), although insufficient, are genuine, and meet the Council of Europe's standards. Much still remains to be done, however, and the committee will have to monitor closely Macedonia's compliance with the commitments entered into at the time of its accession to the Council of Europe, as set out in the draft opinion of the Political Affairs Committee.

The committee therefore declares itself to be in favour of Macedonia's membership of the Council of Europe as from September 1995.

* *

Reporting committee: Political Affairs Committee (Doc. 7371).

Committee for opinion: Committee on Relations with European Non-Member Countries.

Reference to committee: Doc. 6998 and Reference No. 1918 of 24 January 1994.

Opinion approved by the committee on 26 September 1995.

Secretary to the committee: Mr Dufour.