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TITLE: FORMER YUGOSLAV REPUBLIC OF MACEDONIA HUMAN RIGHTS
PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
FORMER YUGOSLAV REPUBLIC OF MACEDONIA
The Former Yugoslav Republic of Macedonia (FYROM), which became
independent following the breakup of Yugoslavia, is a
parliamentary democracy. President Kiro Gligorov, elected by
Parliament in 1990, was directly reelected in October. In
multiparty parliamentary elections, which international
monitors judged generally free and fair despite numerous
procedural irregularities, the Social Democratic Alliance of
Macedonia, the former Communist party, emerged with a clear
majority.
The Ministry of Internal Affairs oversees the security
apparatus, including uniformed police, border police, and the
state intelligence service. A civilian minister directs the
Ministry, and a parliamentary commission oversees operations.
Historically, FYROM was the poorest of the Yugoslav republics,
and its economy was closely tied to the other republics,
especially Serbia. Conflict in the region and international
sanctions imposed on Serbia-Montenegro have led to severe
economic difficulties. In February Greece imposed a trade
embargo on FYROM in a dispute over the country's name, flag,
and constitution, which contributed to a sharp drop in gross
domestic product. Official unemployment is about a third of
the work force. Major exports are manufactured goods and
machinery and transport equipment.
The human rights situation in the FYROM is impaired by delay in
the enactment of legislation to provide mechanisms for
implementing the rule of law and protection of human rights
provided for in the Constitution. Police occasionally abuse
detainees and reportedly harass the political opposition. They
also do not abide strictly by constitutional provisions
regarding arraignment of the accused, the maximum period of
pretrial detention, and the accused's right to counsel at the
time of arrest.
Minorities, including ethnic Albanians, Turks, and Serbs, have
raised various allegations of human rights violations and
discrimination. Ethnic Macedonians occupy preeminent positions
in state institutions, including state-owned companies. Ethnic
Albanians continue to demand increased Albanian-language
education, greater representation in public sector jobs, and
improved access to the media. The Government has agreed in
principle to many of these demands but has done little, citing
resource constraints as the reason.
Ethnic Albanians dispute unofficial 1994 census figures that
credit them with 22.9 percent of the population, and claim to
constitute up to 40 percent of the population. Nevertheless,
the 1994 census, carried out with the assistance of the Council
of Europe, was generally pronounced to have been satisfactory
by European experts who monitored it.
Underlying ethnic tension did not produce any major clashes
during 1994. Tensions flared temporarily when a fight between
groups of Macedonians and ethnic Albanians resulted in the
death of a Macedonian youth. It appeared, however, that the
fight was not ethnically motivated but rather a clash between
two gangs known to the police.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reported disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits such treatment and punishment.
However, police occasionally used excessive force against
criminal suspects following their arrest. In April Jove
Bojkovski was reportedly fired at and severely wounded while in
police custody. He also alleges that he was severely
mistreated during his 4 days of detention. Police state that
he was in custody during the alleged period but that the
gunshot wound was self-inflicted.
Of 10 ethnic Albanians charged with conspiracy in the so-called
Albanian Paramilitary affair, 9 alleged mistreatment by the
police over a period of 3 days. Their complaints were
consistent and credible (see Section 1.e.). The Government
rejected the allegations and took no action against the police
in this case.
Government sources stated that allegations of excessive force
during the first 9 months of 1994 resulted in the conviction of
four policemen on criminal charges and the punishment of two by
administrative means.
d. Arbitrary Arrest, Detention, or Exile
There were no confirmed reports of arbitrary arrest or
detention, although opposition political parties have alleged
police harassment of their members. There is no systematic use
of detention as a form of nonjudicial punishment.
Incommunicado detention is not practiced.
The Constitution states that a person must be arraigned in
court within 24 hours of arrest, but police do not always meet
this deadline for filing charges. The Constitution also sets
the maximum duration of detention pending trial at 90 days.
However, prisoners in the Albanian Paramilitary case, accused
of fomenting an armed uprising against the Government, were
held for almost 7 months before their trial began in May.
The accused must be informed of his or her legal rights and the
reasons for arrest or detention. The accused is entitled to
contact a lawyer at the time of arrest and to have a lawyer
present during police and court proceedings. The police
ignored this provision in their initial interrogations of those
accused in the Albanian Paramilitary case. The prisoners
claimed they were held incommunicado and mistreated for 3 days
before being formally charged and sent to a pretrial detention
facility. According to human rights observers and criminal
defense attorneys, police often violate the 24-hour requirement
and deny immediate access to an attorney.
Although the law requires judicial warrants for arrests, police
sometimes ignore this provision, and judges issue the warrant
only some time after the arrest has taken place.
e. Denial of Fair Public Trial
Constitutionally, the courts are autonomous and independent.
Municipal and district courts and the Supreme Court form a
three-tier court system. A Constitutional Court deals with
matters of constitutional interpretation. Political
considerations do not appear to influence most trials, but
there was one major exception during the year.
The Albanian Paramilitary case, which was tried in Skopje in
May and June, was at least in part politically motivated. The
prosecution presented substantial evidence that most, if not
all, of the 10 defendants had committed firearms and hard
currency trading offenses. However, there was some indication
that the arrests and prosecution of a Deputy Minister of
Defense and a former secretary general of the National
Democratic Party (PDP), a party representing ethnic Albanians,
may have taken place as a result of political intrigue
involving the Government and the PDP, apparently maneuvering
over jobs.
The prisoners were held for almost 7 months before the trial.
During the trial, defense attorneys were not permitted to call
several witnesses for the defense or to have independent
experts examine the evidence. The court allowed confessions
alleged by the defendants to have been coerced to be admitted
into evidence. The defendants claimed that they were acting
purely in self-defense against the Yugoslav army, and that they
had ceased their activities when FYROM's own army was formed
over 2 years ago. The defendants were convicted on all counts
and sentenced to terms ranging from 5 to 8 years. The case is
now on appeal.
There is a widespread credible perception that bribery is not
uncommon in the courts in FYROM.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy of person,
home, and correspondence. Although no instances of abuses were
substantiated, officials of the rightwing opposition Internal
Macedonian Revolutionary Organization (VMRO) charged that the
state security service tapped their telephones
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and public
information, as well as freedom to establish private media
outlets, and forbids censorship. The Government generally
respected these freedoms.
There are daily newspapers in Skopje, the capital, and in other
cities, as well as numerous political and other publications.
An Albanian and a Turkish newspaper, which the Government
subsidizes, have nationwide distribution. The bulk of
newspapers and magazines published in the country are
government owned and government oriented.
Opposition parties made alleged government control and
manipulation of the media a major theme of their October
election campaigns. The state-owned media reported such
charges and in general did a creditable job of covering the
rallies, statements, and press conferences of all the major
parties running in the elections. The overall balance of
coverage, however, was in favor of the Government.
The Government owns the only modern, high-speed printing plant
in the country, as well as most newspaper kiosks. Opposition
groups complain that the company charges high prices for the
services of the printing plant.
Newspapers may be imported from Bulgaria, Serbia, Albania, and
Greece only with the permission of the Ministry of Internal
Affairs.
Ethnic Albanians complain that there are not enough Albanian-
language media outlets. The Government provided funds to make
the state-owned Albanian-language newspaper, Flaka, a daily
rather than a thrice weekly publication. The Government has
also agreed in principle to increase the minimum amount of
broadcast time in the Albanian language on state television
(5 hours weekly).
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government
respects them. Organizers of large assemblies must notify
police in advance, but permits are usually granted. Dozens of
opposition rallies occurred during the election campaign with
no major incidents, as did a large antigovernment demonstration
to protest alleged election fraud in October. The opposition
held mock protest balloting to mark their boycott of the second
round of elections October 30; these rallies were also peaceful.
The Political Party Registration Law requires political parties
and nongovernmental organizations to register with the Internal
Affairs Ministry. About 70 political parties are registered,
including ethnically based parties of Albanians, Turks, Serbs,
and Roma. After a split in the largest Albanian party in
February, the Ministry denied registration to the "radical"
faction of the party under the party's original name, ruling
that the name belonged to the original faction of the party.
Candidates of the "radical" faction ran as independents in the
October elections. Later in the year, many political parties
experienced technical difficulties in reregistering, but there
was no indication that this was politically motivated.
c. Freedom of Religion
The Government does not generally interfere with the practice
of religion. However, the refusal of the Serbian Orthodox
Church in Serbia-Montenegro to recognize the independence of
the Macedonian Orthodox Church has led to difficulties for
Serbs in FYROM to worship in their own church. On a number of
occasions, the Government has refused Serbian Orthodox priests
permission to enter the country, and one priest was arrested
for "fomenting ethnic hatred" and forbidden to practice as a
priest for 1 year.
While only the Macedonian Orthodox Church is mentioned by name
in the Constitution referring to the freedom of religion, it
does not enjoy a special status. However, members of other
religious communities credibly charge that the Government
actions on its behalf reflect its favored position in the
country.
All churches and religious communities may establish religious
schools and social and philanthropic organizations, but no
religious schooling is provided for in the law.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are permitted free movement within the country as well
as the right to leave and return. The Government may restrict
these rights for security, public health, and safety reasons
but fully respects them in practice. The law on citizenship is
highly restrictive. It requires 15 years of residence, thus
denying citizenship to some citizens of the former Yugoslavia
who lived legally in FYROM at the time of independence. Ethnic
Albanians are especially affected by this law. When the last
old Yugoslav passports expired in 1994, those without
citizenship were left without travel documents.
Ethnic Albanian political leaders also charge that Ministry of
Internal Affairs officials responsible for making decisions
about citizenship discriminate against ethnic Albanian
applicants. These officials appear to be more exacting in
their documentary requirements, fail to act on applications
expeditiously, and reportedly demand bribes in return for a
favorable decision.
While FYROM accepted a number of refugees from Croatia and
Bosnia at the start of the conflict in the former Yugoslavia,
it restricted entry of additional refugees in 1992 and now
accepts only citizens and other former residents of FYROM for
repatriation. The Government is concerned about the
possibility of a flood of refugees from neighboring Kosovo in
the event of violence there, a possibility that many fear would
upset the ethnic balance in FYROM and be a disastrous blow to
its economy.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens directly elected a President for the first time in
October, and at the same time chose a new Parliament in the
second multiparty elections in the country's postwar history,
the first since independence. Opposition groups charged the
Government with massive fraud and announced a boycott of the
second round. International monitors, under the auspices of
the Council of Europe and the Conference on Security and
Cooperation in Europe (CSCE), judged the elections generally
free and fair despite widespread irregularities attributed to
careless organization.
Ethnic minorities, including Albanians, Turks, Serbs, and Roma,
have political parties to represent their interests.
Minorities complained that the political structures were biased
against them: Albanians credibly claimed that Albanian-
majority districts had far more voters than Macedonian ones,
thus violating the "one-person, one-vote" principle. The
ethnic Turkish and Serbian communities were disappointed
because the previous Parliament had failed to pass a new
election law providing for 20 seats to be elected by
proportional representation, thus depriving their dispersed
members from electing a candidate on an ethnic basis. Ethnic
Albanians complained that discrimination against them in
citizenship decisions effectively disfranchised a large portion
of their community (see Section 2.d.).
The unicameral Parliament of 120 members, elected for a 4-year
term, governs the country. The Prime Minister is selected by
the party or coalition that can produce a majority in
Parliament and is formally appointed by the President, who is
Head of State and commander in chief of the armed forces.
Government ministers may not be members of Parliament
(M.P.'s). Following an opposition boycott, the three-party
ruling coalition, the Alliance for Macedonia, took 95 of the
120 parliamentary seats. The Alliance formed a Government that
also includes ministers from the ethnic Albanian PDP.
There are no formal restrictions on the participation of women
in politics and government. There are 2 female ministers (out
of 19) and 4 female M.P.'s (out of 120).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights groups and ethnic community representatives meet
freely with foreign representatives without government
interference. Human rights groups that exist in the FYROM are
conspicuous by the low level of their activity. There is no
indication that this is the result of government hindrance of
the groups. The Forum for Human Rights, a nongovernmental
human rights group, operates freely. The Government does not
oppose visits or investigations by international human rights
groups. The mediator on ethnic issues of the International
Conference on the Former Yugoslavia has visited the country
frequently to discuss various issues with representatives of
minority groups and with the Government.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution guarantees equal rights to all citizens
regardless of sex, race, color of skin, national and social
origin, political and religious beliefs, property, and social
status.
Women
Women have the same legal rights as men. Although Macedonian
society, in both the Muslim and Christian communities, remains
traditionally patriarchal and advancement of women into
nontraditional roles is limited, some professional women have
achieved prominence. Women's advocacy groups include the Union
of Macedonian Women and the League of Albanian Women in
Macedonia.
A crisis hot line for women was established in Skopje during
1994.
Children
Limited resources constrain FYROM's strong commitment to the
rights and welfare of its children. There is no pattern of
societal abuse against children.
National/Racial/Ethnic Minorities
A variety of national/ethnic groups, mainly Macedonians,
Albanians, Turks, Roma, Serbs, and Vlachs comprise FYROM's
population of 2.2 million. All citizens are equal under the
law. The Constitution provides for the protection of the
ethnic, cultural, linguistic, and religious identity of
minorities, including state support for education in minority
languages. The 13-member Council on Ethnic Relations,
representing the country's main ethnic groups, has not played
an active role.
Ethnic tensions and prejudices are evident. The Government is
committed to a policy of peaceful integration of all ethnic
groups into society but faces political resistance and the
persistence of popular prejudices in the lower levels of
administration. Moreover, the Government has had difficulty
providing the additional services sought by minorities, such as
more education in minority languages.
Representatives of the ethnic Albanian community, by far the
largest minority group with about 23 percent of the population,
are the most vocal in charging discrimination. Expressing
concern about government manipulation of the data, the ethnic
Albanian community boycotted a 1990 census. Threats of a
boycott also marred to some extent a census held during the
summer of 1994 to correct the situation. Experts from the
Council of Europe, however, were generally satisfied that the
Government carried out the census fairly and accurately and
that almost all of the ethnic Albanian community took part.
Final results show ethnic Albanians with 22.9 percent of the
population, Turks with 4 percent, Roma 2.3 percent, and Serbs
2 percent. About 8,500 citizens declared themselves as
Vlachs.
Underrepresentation of ethnic Albanians in the military and
police is also a problem. Even in areas settled mostly by
ethnic Albanians, only 4 percent of police personnel are ethnic
Albanians. The Ministry of Internal Affairs maintains that it
is making efforts to recruit qualified ethnic Albanian police
cadets, but ethnic Albanian leaders allege continued
discrimination against those who apply. Military service is a
universal male obligation, and most young men, whatever their
ethnic origin, serve. The proportion of ethnic Albanians in
the ranks is now estimated at 25 percent, although in the
officer corps it is lower.
Albanian-language education is a crucial issue for the ethnic
Albanian community in order to preserve Albanian heritage and
culture. Almost all ethnic Albanian children receive 8 years
of education in Albanian-language schools. Only a third of
them go on to high school, partly because of the lack of
available classes and partly because in rural areas many ethnic
Albanians see no need to educate their children, especially
girls, beyond the eighth grade. The right to instruction in a
minority language in primary and secondary school is permitted
by the Constitution, but, by law, university-level education
must be in the Macedonian language. In December police
partially demolished a small structure that was to house an
Albanian-language university being established by ethnic
Albanians in Tetovo.
Ethnic Turks complain of governmental, societal, and cultural
discrimination, specifically their dispute over the Education
Ministry's refusal to support Turkish-language education for
children who do not speak Turkish. Parents have banded
together to hire teachers of their own, although the law does
not authorize such practice.
Serbs also complain of discrimination, alleging censorship of
the Serbian press and inability to worship freely in the
Serbian Orthodox Church (see Section 2.c.). The Ministry of
Internal Affairs acknowledges that it has temporarily banned
some imported Serbian publications.
Roma comprise about 2.3 percent of the population. There is
little evident tension between the Roma and other communities,
and they have benefited from government provision of
supplementary Roma-language education. However, the Government
did not publish a promised Roma grammar in 1994. There is some
Roma-language broadcasting.
People with Disabilities
Social programs to meet the needs of the disabled exist in
FYROM to the extent that government resources allow.
Discrimination on the basis of disability is forbidden by law.
There are no laws or regulations mandating accessibility for
disabled persons. Most buildings in the FYROM are not easily
accessible to disabled persons.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides that citizens, except for military
and police personnel and civil servants, have the right to form
and join trade unions.
The Council of Trade Unions of Macedonia (SSM) is the successor
organization to the former Socialist Labor Confederation. It
maintains the assets of the old unions and is the Government's
main negotiating partner on labor issues. While its officers
may tend to oppose strikes because of the legacy of the past,
they appear to be genuinely independent of the Government. An
association of independent and autonomous unions was formed in
1992, and independent unions have been able to organize without
harassment by the Government or SSM.
The Constitution provides for the right to strike, and many
brief strikes occurred in 1994, mainly by employees of
state-owned companies who were receiving their pay months
late. Often, the companies, cut off by the Greek embargo from
many foreign markets, simply did not have the money to pay
their workers. Trade unions are free to affiliate
internationally.
b. The Right to Organize and Bargain Collectively
The Constitution implicitly recognizes employees' right to
bargain collectively, but collective bargaining is still in its
infancy. Parliament has not adopted legislation in this area.
Although no law prohibits antiunion discrimination, no
instances were reported in 1994.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Ministries of Labor and Internal Affairs effectively
enforce legal prohibitions against forced labor.
d. Minimum Age of Employment for Children
The constitutional minimum age for employment of children is
15. Younger children, however, are often seen peddling
cigarettes or other small items, or working in family-owned
shops or on family farms. Children are permitted to work
42-hour weeks but may not legally work at night. Education is
compulsory through the eighth grade. The Ministries of Labor
and Internal Affairs are responsible for enforcing laws
regulating the employment of children.
e. Acceptable Conditions of Work
The average monthly wage in October was $200 (8,287 denars).
The minimum monthly wage is, by law, two-thirds of the average
monthly wage, or about $133. The economic crisis meant that
few workers could support a family on their wages alone.
The official workweek is 42 hours, with a minimum 24-hour rest
period and generous vacation and sick leave benefits.
The Constitution calls for safe working conditions, temporary
disability compensation, and leave benefits. Laws and
regulations on worker safety exist, but credible reports
suggest that the Ministry of Labor and Social Work, which is
responsible for enforcing regulations pertaining to working
conditions, does not enforce them strictly.
(###)
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