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HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF REPORT ON CIVIL AND POLITICAL RIGHTS IN FORMER YUGOSLAV REPUBLIC OF MACEDONIA
23 July 1998
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MORNING
HR/CT/98/20
23 July 1998
The Committee on Human Rights this morning concluded its consideration of the initial report of the Former Yugoslav Republic of Macedonia on the implementation of the provisions of the International Covenant on Civil and Political Rights in that country.
In its preliminary concluding observations and recommendations, the Committee urged the Government of the Former Yugoslav Republic of Macedonia to ensure the level of incorporation of the provisions of the International Covenant in domestic legislation and to enhance positive discriminatory measures to reduce the inequality of women.
The Committee offered its observations at the end of its one-and-a-half-day dialogue with the delegation of the Former Yugoslav Republic of Macedonia. The delegation defended the Government’s report on the status of civil and political rights in the country.
The Committee's experts will issue formal concluding recommendations on the report towards the end of its three-week session, which concludes on 31 July.
As one of 140 States parties to the International Covenant, the Former Yugoslav Republic of Macedonia is required to submit periodic reports to the Committee on its efforts to implement the provisions of that human rights instrument.
When the Committee reconvenes at 3 p.m., it will meet in private to examine communications received from individuals who claimed that their rights under the Covenant were violated by their respective States parties to the Optional Protocol. It will take up the report of Tanzania on Friday, 24 July, at 10 a.m.
Discussion of Report
In response to remaining segments of the written questions prepared by Committee experts in advance, the delegation said that the Roma people had the constitutionally acknowledged status of a minority. According to the 1994 census, there were 47,408 Romas who made up 2.3 per cent of the population. The Roma minority in the country did not have a nomadic character and was traditionally a stationary population.
Further, there were four political parties which represented the interests of the persons belonging to the Roma minority, the delegation said. Two of the political parties had deputies in the Assembly of the Former Yugoslav Republic of Macedonia. Aware of the insufficient representation of the persons belonging to minorities in the State administration, the Government had undertaken a series of measures to increase their numbers. It was also noted that education was provided in Roma language in primary schools.
With regard to the status of refugees and asylum seekers, the delegation said that a group of Government experts, in cooperation with the United Nations High Commissioner for Refugees, was working on a separate law on asylum seekers. The Government had been applying the 1951 Geneva Convention on Refugees. Persons seeking asylum could not be returned to their countries of origin or from where they came. There were presently 104 Albanian refugees in the country.
Concerning dissemination of information about the rights contained in the International Covenant, the delegation said that the Ministry of Justice was continuously organizing expert advisory consultations and seminars for judges, public prosecutors, employees at penitentiary institutions, lawyers, and the police. The International Covenant and other human rights instruments had been published in the main languages of the nation, added the delegation.
Committee members put additional questions to the delegation on issues such as the events that had led to the arrest of civil rights leaders; growing tensions among the different segments of the population, particularly the Albanian minority; search warrants; conscientious objection; preventive action against juvenile delinquency; registration of religious groups; and licensing of imported foreign printed materials.
Responding to supplementary oral questions by the panel, the delegation said that foreigners with invalid visas were obliged to leave the country to the destination of their choice. A foreigner who did not leave the territory within the determined period could be escorted by an authorized official of the Ministry of Internal Affairs to the State border or to the respective diplomatic or consular representative office of his or her country. Last year there were 6,000 foreigners living illegally in the territory.
As regards to the need of a license to import printed materials, the delegation said that so far, it was the Ministry of Interior which issued licenses to import printed materials. But now a new law was under preparation to shift the responsibility to the Ministry of Culture. Individuals denied permission for their requests to import printed material could always utilize their right to recourse against the decision.
Persons unlawfully arrested could receive compensation and officials involved in the act were susceptible to disciplinary measures, the delegation said. During the last year, unlawful arrests were committed by some police officers and disciplinary measures were taken against them.
Regarding search warrants, the delegation affirmed that as a general principle, unwarranted searches of individuals were constitutionally prohibited. However, in criminal procedures, persons from the Ministry of Internal Affairs could search and arrest a suspected individual.
The delegation also responded to other questions and said that the punishment for criminal offense concerning family obligations was from one to five years; there were no political prisoners; religious groups could freely preach once they officially registered; and educative measures were undertaken to combat juvenile delinquency.
Preliminary Concluding Observations
In their preliminary concluding observations, the panel's experts said the report of the Former Yugoslav Republic of Macedonia was remarkably well prepared and thanked the delegation for its active participation in the dialogue.
The Committee said that despite the handicaps of the transition period, the Government had endeavoured to change the system from a collective value to individual value.
It said the fact that individual communications were not received by the Committee could be attributed to the lack of information by the population on the country’s accession to the Optional Protocol to the Covenant which allowed the Committee to examine complaints.
The Committee said that the level of incorporation of the provisions of the Covenant in domestic legislation was vague. The primacy of the Covenant over the national law was still uncertain.
On discrimination against women, the Committee said that despite cultural difficulties, positive discriminatory measures should be enhanced to reduce the inequality of women. It also said that no secondary education was provided for some minorities and that the situation needed special attention by the Government.
The Committee said that objective criteria was not established either for the registration of religious groups or for the importation of printed materials. Thus, the rejection to register a religious group could violate religious freedom and the denial to issue a licence to import printed material could also violate the right of freedom of thought.
At the end, the Committee said that the criteria for an ethnic group should result from objective conditions and not Governmental decrees.
HR/CT/98/20
23 July 1998
The Committee on Human Rights this morning concluded its consideration of the initial report of the Former Yugoslav Republic of Macedonia on the implementation of the provisions of the International Covenant on Civil and Political Rights in that country.
In its preliminary concluding observations and recommendations, the Committee urged the Government of the Former Yugoslav Republic of Macedonia to ensure the level of incorporation of the provisions of the International Covenant in domestic legislation and to enhance positive discriminatory measures to reduce the inequality of women.
The Committee offered its observations at the end of its one-and-a-half-day dialogue with the delegation of the Former Yugoslav Republic of Macedonia. The delegation defended the Government’s report on the status of civil and political rights in the country.
The Committee's experts will issue formal concluding recommendations on the report towards the end of its three-week session, which concludes on 31 July.
As one of 140 States parties to the International Covenant, the Former Yugoslav Republic of Macedonia is required to submit periodic reports to the Committee on its efforts to implement the provisions of that human rights instrument.
When the Committee reconvenes at 3 p.m., it will meet in private to examine communications received from individuals who claimed that their rights under the Covenant were violated by their respective States parties to the Optional Protocol. It will take up the report of Tanzania on Friday, 24 July, at 10 a.m.
Discussion of Report
In response to remaining segments of the written questions prepared by Committee experts in advance, the delegation said that the Roma people had the constitutionally acknowledged status of a minority. According to the 1994 census, there were 47,408 Romas who made up 2.3 per cent of the population. The Roma minority in the country did not have a nomadic character and was traditionally a stationary population.
Further, there were four political parties which represented the interests of the persons belonging to the Roma minority, the delegation said. Two of the political parties had deputies in the Assembly of the Former Yugoslav Republic of Macedonia. Aware of the insufficient representation of the persons belonging to minorities in the State administration, the Government had undertaken a series of measures to increase their numbers. It was also noted that education was provided in Roma language in primary schools.
With regard to the status of refugees and asylum seekers, the delegation said that a group of Government experts, in cooperation with the United Nations High Commissioner for Refugees, was working on a separate law on asylum seekers. The Government had been applying the 1951 Geneva Convention on Refugees. Persons seeking asylum could not be returned to their countries of origin or from where they came. There were presently 104 Albanian refugees in the country.
Concerning dissemination of information about the rights contained in the International Covenant, the delegation said that the Ministry of Justice was continuously organizing expert advisory consultations and seminars for judges, public prosecutors, employees at penitentiary institutions, lawyers, and the police. The International Covenant and other human rights instruments had been published in the main languages of the nation, added the delegation.
Committee members put additional questions to the delegation on issues such as the events that had led to the arrest of civil rights leaders; growing tensions among the different segments of the population, particularly the Albanian minority; search warrants; conscientious objection; preventive action against juvenile delinquency; registration of religious groups; and licensing of imported foreign printed materials.
Responding to supplementary oral questions by the panel, the delegation said that foreigners with invalid visas were obliged to leave the country to the destination of their choice. A foreigner who did not leave the territory within the determined period could be escorted by an authorized official of the Ministry of Internal Affairs to the State border or to the respective diplomatic or consular representative office of his or her country. Last year there were 6,000 foreigners living illegally in the territory.
As regards to the need of a license to import printed materials, the delegation said that so far, it was the Ministry of Interior which issued licenses to import printed materials. But now a new law was under preparation to shift the responsibility to the Ministry of Culture. Individuals denied permission for their requests to import printed material could always utilize their right to recourse against the decision.
Persons unlawfully arrested could receive compensation and officials involved in the act were susceptible to disciplinary measures, the delegation said. During the last year, unlawful arrests were committed by some police officers and disciplinary measures were taken against them.
Regarding search warrants, the delegation affirmed that as a general principle, unwarranted searches of individuals were constitutionally prohibited. However, in criminal procedures, persons from the Ministry of Internal Affairs could search and arrest a suspected individual.
The delegation also responded to other questions and said that the punishment for criminal offense concerning family obligations was from one to five years; there were no political prisoners; religious groups could freely preach once they officially registered; and educative measures were undertaken to combat juvenile delinquency.
Preliminary Concluding Observations
In their preliminary concluding observations, the panel's experts said the report of the Former Yugoslav Republic of Macedonia was remarkably well prepared and thanked the delegation for its active participation in the dialogue.
The Committee said that despite the handicaps of the transition period, the Government had endeavoured to change the system from a collective value to individual value.
It said the fact that individual communications were not received by the Committee could be attributed to the lack of information by the population on the country’s accession to the Optional Protocol to the Covenant which allowed the Committee to examine complaints.
The Committee said that the level of incorporation of the provisions of the Covenant in domestic legislation was vague. The primacy of the Covenant over the national law was still uncertain.
On discrimination against women, the Committee said that despite cultural difficulties, positive discriminatory measures should be enhanced to reduce the inequality of women. It also said that no secondary education was provided for some minorities and that the situation needed special attention by the Government.
The Committee said that objective criteria was not established either for the registration of religious groups or for the importation of printed materials. Thus, the rejection to register a religious group could violate religious freedom and the denial to issue a licence to import printed material could also violate the right of freedom of thought.
At the end, the Committee said that the criteria for an ethnic group should result from objective conditions and not Governmental decrees.