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HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF CIVIL AND POLITICAL RIGHTS IN FORMER YUGOSLAV REPUBLIC OF MACEDONIA
22 July 1998
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AFTERNOON
HR/CT/98/19
22 July 1998
The Committee on Human Rights this afternoon continued its review of the situation of civil and political rights in the Former Yugoslav Republic of Macedonia.
Responding to numerous questions raised by Committee experts, the delegation of the Former Yugoslav Republic of Macedonia said that minorities had the possibility to learn and study in their own mother tongue. The delegation also addressed issues such as female unemployment, detention conditions, and freedom of the press.
The Former Yugoslav Republic of Macedonia, as one of the 140 States parties to the International Covenant on Civil and Political Rights, must submit periodic reports on the implementation of the provisions of the instrument.
When the Committee reconvenes on Thursday, 23 July, at 10 a.m., it will conclude its consideration of the initial report of the Former Yugoslav Republic of Macedonia.
Discussion of Report
In response to numerous queries by Committee experts, the delegation said that the Constitutional Court was not in fact a legal institution in the strictest sense. The Constitutional Court had an intermediary status as both a judicial and political institution. Any individual or group could directly address the Court and it decided on the admissibility of the complaints.
The Constitutional Court could defer legislation which it judged in contradiction with the dispositions of international treaties, the delegation said. So far, the courts did not directly invoke the dispositions of international instruments for the simple reason that all those dispositions were already contained in the domestic laws. Individuals and lawyers could refer to the provisions of international treaties before any court.
As to the Ombudsman, the delegation said that his field of competence included actions by officials of the Police and the Ministry of Defence. The Ombudsman could not take action with regards to cases whose procedure before the courts was underway.
The delegation said that the high rate of female unemployment was attributed to traditional practices in the society. Out of the total number of active women, 40 per cent of them were unemployed. Although a “traditional attitude” towards women existed, the Constitution formally prohibited any form of discrimination based on sex. "Equal pay for the same work performed" regarding women was respected in the country. Any work was open to all who could fulfil the required conditions for its performance.
In order to promote the rights of women, there were about 200 organizations scattered throughout the country, the delegation said. There was also a committee created to overlook the implementation of the Beijing Programme and Plan of Action for women.
With regard to death in detention, the delegation said that there was one case in which a citizen died following excessive use of force by police. Three officers implicated in the incident were sentenced to long terms of imprisonment. Medical check-ups were not necessary in places of detention except in cases of injuries. In addition, members of the Police could invite any individual for "informative talk" in order to gather information.
Responding to the second segment of the written questions prepared by Committee experts, the delegation said that there was no State-owned mass media in the former Yugoslav Republic of Macedonia. Although the Government owned 33 per cent of the stock of the "Nova Makedonija" newspaper, the remaining 400 registered printed publications were completely privately owned. There were also 200 radio and 34 television stations for the around 2 million inhabitants.
Concerning participation in the conduct of public affairs, the delegation said it was necessary to have lived in the country for fifteen years before one could receive citizenship and have the right to take part in public affairs. Persons who had not acquired citizenship could legally live in the territory as a foreigner.
On election procedures, the delegation said that a new law of electing representatives to the Assembly of the Republic had already been adopted in view of the forthcoming national elections in October 1998. The law established the basic principles for the realization of the right to vote, the bodies to carry out the elections, proposing candidates, the election campaign and control of the elections, among other issues.
The Constitution guaranteed all citizens freedom of religion which could be expressed freely and publicly, individually or with others. The State was secular while religion was a private affair. However, the performance of religious rituals and religious events should not violate public peace and order. The Macedonian Orthodox Church, the Muslim religious community and the Catholic Church had traditionally existed for decades in the region and represented part of the culture and spiritual richness of the Republic.
There was no official data on child labour abuse in the Former Yugoslav Republic of Macedonia, the delegation said. However, information received from non-governmental organizations and from the Government's own experience indicated the existence of child labour on a small scale. At the same time, the Government was preparing a programme of protection for street children. In the framework of activities aimed at protecting children from sexual abuse, the Government was also preparing a project for that purpose.
The delegation said that the illicit production and traffic of drugs and their increased availability represented a very serious problem to the State. The Government had recently created an inter-sectoral national committee to combat the illicit production, traffic and abuse of drugs. A text of law was also being drafted aimed at controlling the production and trafficking of drugs.
The Government was committed to promote a policy of affirmative action aimed at the increased participation of the number of persons belonging to minorities in all spheres of public life, the delegation said. It had established the Council for Inter-Ethnic Relations to consider issues in the field of inter-ethnic relations and which would give its opinions and proposals for their resolution. At the university level, the Government had introduced a 10 per cent quota for enrolment of students belonging to ethnic minorities.
The delegation said that minorities had the opportunity to learn and study in their own mother tongue. However, the political manipulation of students of Albanian ethnic origin related to the so-called Tetovo University had slowed down this positive growth. The so-called Tetovo University was an illegal institution, since its establishment was not in accordance with legislation in that field. The establishment of the "University in the Albanian language" had been politically motivated and surpassed the educational purposes, the delegation said.
HR/CT/98/19
22 July 1998
The Committee on Human Rights this afternoon continued its review of the situation of civil and political rights in the Former Yugoslav Republic of Macedonia.
Responding to numerous questions raised by Committee experts, the delegation of the Former Yugoslav Republic of Macedonia said that minorities had the possibility to learn and study in their own mother tongue. The delegation also addressed issues such as female unemployment, detention conditions, and freedom of the press.
The Former Yugoslav Republic of Macedonia, as one of the 140 States parties to the International Covenant on Civil and Political Rights, must submit periodic reports on the implementation of the provisions of the instrument.
When the Committee reconvenes on Thursday, 23 July, at 10 a.m., it will conclude its consideration of the initial report of the Former Yugoslav Republic of Macedonia.
Discussion of Report
In response to numerous queries by Committee experts, the delegation said that the Constitutional Court was not in fact a legal institution in the strictest sense. The Constitutional Court had an intermediary status as both a judicial and political institution. Any individual or group could directly address the Court and it decided on the admissibility of the complaints.
The Constitutional Court could defer legislation which it judged in contradiction with the dispositions of international treaties, the delegation said. So far, the courts did not directly invoke the dispositions of international instruments for the simple reason that all those dispositions were already contained in the domestic laws. Individuals and lawyers could refer to the provisions of international treaties before any court.
As to the Ombudsman, the delegation said that his field of competence included actions by officials of the Police and the Ministry of Defence. The Ombudsman could not take action with regards to cases whose procedure before the courts was underway.
The delegation said that the high rate of female unemployment was attributed to traditional practices in the society. Out of the total number of active women, 40 per cent of them were unemployed. Although a “traditional attitude” towards women existed, the Constitution formally prohibited any form of discrimination based on sex. "Equal pay for the same work performed" regarding women was respected in the country. Any work was open to all who could fulfil the required conditions for its performance.
In order to promote the rights of women, there were about 200 organizations scattered throughout the country, the delegation said. There was also a committee created to overlook the implementation of the Beijing Programme and Plan of Action for women.
With regard to death in detention, the delegation said that there was one case in which a citizen died following excessive use of force by police. Three officers implicated in the incident were sentenced to long terms of imprisonment. Medical check-ups were not necessary in places of detention except in cases of injuries. In addition, members of the Police could invite any individual for "informative talk" in order to gather information.
Responding to the second segment of the written questions prepared by Committee experts, the delegation said that there was no State-owned mass media in the former Yugoslav Republic of Macedonia. Although the Government owned 33 per cent of the stock of the "Nova Makedonija" newspaper, the remaining 400 registered printed publications were completely privately owned. There were also 200 radio and 34 television stations for the around 2 million inhabitants.
Concerning participation in the conduct of public affairs, the delegation said it was necessary to have lived in the country for fifteen years before one could receive citizenship and have the right to take part in public affairs. Persons who had not acquired citizenship could legally live in the territory as a foreigner.
On election procedures, the delegation said that a new law of electing representatives to the Assembly of the Republic had already been adopted in view of the forthcoming national elections in October 1998. The law established the basic principles for the realization of the right to vote, the bodies to carry out the elections, proposing candidates, the election campaign and control of the elections, among other issues.
The Constitution guaranteed all citizens freedom of religion which could be expressed freely and publicly, individually or with others. The State was secular while religion was a private affair. However, the performance of religious rituals and religious events should not violate public peace and order. The Macedonian Orthodox Church, the Muslim religious community and the Catholic Church had traditionally existed for decades in the region and represented part of the culture and spiritual richness of the Republic.
There was no official data on child labour abuse in the Former Yugoslav Republic of Macedonia, the delegation said. However, information received from non-governmental organizations and from the Government's own experience indicated the existence of child labour on a small scale. At the same time, the Government was preparing a programme of protection for street children. In the framework of activities aimed at protecting children from sexual abuse, the Government was also preparing a project for that purpose.
The delegation said that the illicit production and traffic of drugs and their increased availability represented a very serious problem to the State. The Government had recently created an inter-sectoral national committee to combat the illicit production, traffic and abuse of drugs. A text of law was also being drafted aimed at controlling the production and trafficking of drugs.
The Government was committed to promote a policy of affirmative action aimed at the increased participation of the number of persons belonging to minorities in all spheres of public life, the delegation said. It had established the Council for Inter-Ethnic Relations to consider issues in the field of inter-ethnic relations and which would give its opinions and proposals for their resolution. At the university level, the Government had introduced a 10 per cent quota for enrolment of students belonging to ethnic minorities.
The delegation said that minorities had the opportunity to learn and study in their own mother tongue. However, the political manipulation of students of Albanian ethnic origin related to the so-called Tetovo University had slowed down this positive growth. The so-called Tetovo University was an illegal institution, since its establishment was not in accordance with legislation in that field. The establishment of the "University in the Albanian language" had been politically motivated and surpassed the educational purposes, the delegation said.