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HUMAN RIGHTS COMMITTEE REVIEWS CIVIL AND POLITICAL RIGHTS IN FORMER YUGOSLAV REPUBLIC OF MACEDONIA
22 July 1998
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MORNING
HR/CT/98/18
22 July 1998
The Committee on Human Rights this morning started its consideration of the initial report of the Former Yugoslav Republic of Macedonia on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
Sasko Todorovski, Assistant Foreign Affairs Minister of the Former Yugoslav Republic of Macedonia and head of thedelegation, introduced the report and said his country had committed itself to the concept of parliamentary democracy, the principles of human rights and the rule of law.
The delegation is also made up of Goce Petreski, Permanent Representative of the Former Yugoslav Republic of Macedonia to the United Nations Office in Geneva; Dragi Celevski, Director of the Directorate for Execution of Sanctions, Ministry of Justice; Lela Jakovlevska, Advisor to the Minister of Education and Sports; Elena Grozdanova, Advisor to the Minister of Labour and Social Policy; Trpe Stojanovski, Head of Analytical Department at the Ministry of Interior; Mirjana Lazarova-Trajkovska, Head of Administrative Affairs Department at the Ministry of Interior; Jelena Cvetanovska, Director of the Humanitarian and Social Affairs Directorate, Ministry of Foreign Affairs; Elizabeta Gorgieva, Head of Human Rights Department from the same Ministry; Zoran Jolevski and Biljan Stefanovska-Sekovska both from the Permanent Mission; and Tatjana Janjic, Counsellor at the Ministry of Justice.
The Former Yugoslav Republic of Macedonia, as one of the 140 States parties to the Covenant, must submit periodic report on the implementation of the provisions of the treaty within its jurisdiction.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of the Former Yugoslav Republic of Macedonia.
Report of Former Yugoslav Republic of Macedonia
The initial report of the Former Yugoslav Republic of Macedonia (document CCPR/C/74/Add.4) outlines the status within domestic legislation of the Covenant, reviewing the treaty's provisions on an article-by-article basis. The report states that the right to life is guaranteed by the country's Constitution which stipulates that human life is inviolable and that the death penalty is prohibited.
The report says that the practice of any kind of torture, inhuman or degrading treatment and punishment, as well as any form of forced labour is forbidden. The right to freedom and security of person, the right to liberty of movement and freedom to choose residence, and the right to a fair trial were all guaranteed to citizens. The rights and freedoms guaranteed by the Constitution and further elaborated in the domestic legislation, are enjoyed by all citizens.
According to the report, the equality of the right of men and women is guaranteed and any discrimination on sex grounds is prohibited. There are 45 women's non-governmental organizations that cover around 100,000 women in the country. Women actively participate in public and private affairs and there is not hindrance to their accession to higher posts.
The report says that the freedoms and rights of the individual and citizen can be restricted during states of war or emergency, in accordance with the provisions of the Constitution. However, the restriction of freedoms and rights cannot be based on the grounds of sex, race, colour of skin, language, religion, national or social origin, property or social status.
Presentation of Report
SASKO TODOROVSKI, Assistant Foreign Minister of the Former Yugoslav Republic of Macedonia, introducing his country's initial report, said that after the disintegration of the former Yugoslav federation, Macedonia committed itself to the concept of parliamentary democratic order, then to the principles of human rights observance, rule of law and market economy.
Mr. Todorovski stated that in his country, the development of democracy implied a energetic transition period during which there were fundamental changes of the political and economic systems. There was also a complete redefinition of the state institutions. During the transition process, the Former Yugoslav Republic of Macedonia had transformed the collective approach into a system of observance and enjoyment of individual human rights.
The development of the individual human rights protection system, in
addition to domestic legislation, was accompanied by international legal protection, Mr. Todorovski went on to state. He said the Government had ratified the Optional Protocol to the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The Government’s procedure to recognize the jurisdiction of the Committee on the Elimination of Racial Discrimination’s right to receive and consider individual petitions by Macedonian citizens was also underway.
Mr. Todorovski said reforms in the field of the judiciary were quite advanced. However, he said, the financial and technical equipment of the judiciary and of the penitentiary system was not satisfactory. Nevertheless, efforts were made to improve the situation which was of crucial importance for the protection of human rights.
Discussion of Report
In response to written questions prepared by Committee experts beforehand, the delegation said that international agreements ratified by the country's parliament were part of the national legislation and could not be derogated by other laws. The provisions of the Covenant were directly invoked before courts.
On the appointment of the Ombudsman, the delegation said that the Ombudsman and his deputies were designated by parliament for a period of eight years. The office of the Ombudsman was competent to protect the constitutional and legal rights of citizens when violated by public authorities. Government bodies were obliged to take action within 30 days in accordance with the Ombudsman's proposals. Since the office was established in July 1997, 205 complaints had been lodged with it.
The delegation affirmed that there had been a continuous process of development of gender equality in the society. A high percentage of involvement of women in all areas of public sectors had been achieved as a result of the existing economic and social conditions, and yet, the mentality of the society was not changing with the desired speed.
With regards to violence against women, the delegation said that although there were no official statistics on this issue, domestic violence against women existed in the society. However, the Government was endeavouring to change attitudes and to raise awareness relating to the existence of the domestic violence issue. A public poll conducted recently had shown that 68 per cent of those polled thought that it was social factors which influenced the phenomenon of violence; 46 per cent said that they had been battered by their husbands.
The delegation said that between 1993 and 1997, a total of 531 missing persons had been reported, out of whom 358 had been found dead or alive. Most of the remaining 137 persons who had not been found were residing abroad and due to various considerations did not return to the country.
Concerning detention, the delegation said that detention of persons was exclusively carried out in a detention room. During the detention, occasional surveillance of the detained persons was carried out in order to assure their personal safety and to prevent any attempt to escape. Due to the problems regarding the duration of detention, parliament had recently adopted an amendment to the Constitution according to which detention, pursuant to a court decision and until a charge was brought, might last for a maximum period of 180 days.
According to the delegation, detention of minors was determined by a court ruling only for serious forms of criminal offenses; when the identity of the minor could not be established; and when there were circumstances that pointed to the risk of escape. In 1997, there had been 2,743 criminal cases against minors in the courts, out of which detention was ordered in 19 cases. During detention, minors were separated from adults.
On the right to a fair trial, the delegation said that the independence of the judiciary was guaranteed by the Constitution and courts functioned autonomously on the basis of the Constitution. The principle of a fair trial was strengthened by that of a fair hearing according to which the accused in the procedure was an equal subject and could not be forced to make a confession.
Committee experts also raised supplementary questions to the delegation on such issues as prison conditions; solitary confinement; police incidents during the recent public demonstrations; the procedure of recourse in the Constitutional Courts in lodging complaints of violation of rights; emergency laws; status of citizenship and residence; investigation of torture cases; and the number of persons who had died in police custody.
HR/CT/98/18
22 July 1998
The Committee on Human Rights this morning started its consideration of the initial report of the Former Yugoslav Republic of Macedonia on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
Sasko Todorovski, Assistant Foreign Affairs Minister of the Former Yugoslav Republic of Macedonia and head of thedelegation, introduced the report and said his country had committed itself to the concept of parliamentary democracy, the principles of human rights and the rule of law.
The delegation is also made up of Goce Petreski, Permanent Representative of the Former Yugoslav Republic of Macedonia to the United Nations Office in Geneva; Dragi Celevski, Director of the Directorate for Execution of Sanctions, Ministry of Justice; Lela Jakovlevska, Advisor to the Minister of Education and Sports; Elena Grozdanova, Advisor to the Minister of Labour and Social Policy; Trpe Stojanovski, Head of Analytical Department at the Ministry of Interior; Mirjana Lazarova-Trajkovska, Head of Administrative Affairs Department at the Ministry of Interior; Jelena Cvetanovska, Director of the Humanitarian and Social Affairs Directorate, Ministry of Foreign Affairs; Elizabeta Gorgieva, Head of Human Rights Department from the same Ministry; Zoran Jolevski and Biljan Stefanovska-Sekovska both from the Permanent Mission; and Tatjana Janjic, Counsellor at the Ministry of Justice.
The Former Yugoslav Republic of Macedonia, as one of the 140 States parties to the Covenant, must submit periodic report on the implementation of the provisions of the treaty within its jurisdiction.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of the Former Yugoslav Republic of Macedonia.
Report of Former Yugoslav Republic of Macedonia
The initial report of the Former Yugoslav Republic of Macedonia (document CCPR/C/74/Add.4) outlines the status within domestic legislation of the Covenant, reviewing the treaty's provisions on an article-by-article basis. The report states that the right to life is guaranteed by the country's Constitution which stipulates that human life is inviolable and that the death penalty is prohibited.
The report says that the practice of any kind of torture, inhuman or degrading treatment and punishment, as well as any form of forced labour is forbidden. The right to freedom and security of person, the right to liberty of movement and freedom to choose residence, and the right to a fair trial were all guaranteed to citizens. The rights and freedoms guaranteed by the Constitution and further elaborated in the domestic legislation, are enjoyed by all citizens.
According to the report, the equality of the right of men and women is guaranteed and any discrimination on sex grounds is prohibited. There are 45 women's non-governmental organizations that cover around 100,000 women in the country. Women actively participate in public and private affairs and there is not hindrance to their accession to higher posts.
The report says that the freedoms and rights of the individual and citizen can be restricted during states of war or emergency, in accordance with the provisions of the Constitution. However, the restriction of freedoms and rights cannot be based on the grounds of sex, race, colour of skin, language, religion, national or social origin, property or social status.
Presentation of Report
SASKO TODOROVSKI, Assistant Foreign Minister of the Former Yugoslav Republic of Macedonia, introducing his country's initial report, said that after the disintegration of the former Yugoslav federation, Macedonia committed itself to the concept of parliamentary democratic order, then to the principles of human rights observance, rule of law and market economy.
Mr. Todorovski stated that in his country, the development of democracy implied a energetic transition period during which there were fundamental changes of the political and economic systems. There was also a complete redefinition of the state institutions. During the transition process, the Former Yugoslav Republic of Macedonia had transformed the collective approach into a system of observance and enjoyment of individual human rights.
The development of the individual human rights protection system, in
addition to domestic legislation, was accompanied by international legal protection, Mr. Todorovski went on to state. He said the Government had ratified the Optional Protocol to the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The Government’s procedure to recognize the jurisdiction of the Committee on the Elimination of Racial Discrimination’s right to receive and consider individual petitions by Macedonian citizens was also underway.
Mr. Todorovski said reforms in the field of the judiciary were quite advanced. However, he said, the financial and technical equipment of the judiciary and of the penitentiary system was not satisfactory. Nevertheless, efforts were made to improve the situation which was of crucial importance for the protection of human rights.
Discussion of Report
In response to written questions prepared by Committee experts beforehand, the delegation said that international agreements ratified by the country's parliament were part of the national legislation and could not be derogated by other laws. The provisions of the Covenant were directly invoked before courts.
On the appointment of the Ombudsman, the delegation said that the Ombudsman and his deputies were designated by parliament for a period of eight years. The office of the Ombudsman was competent to protect the constitutional and legal rights of citizens when violated by public authorities. Government bodies were obliged to take action within 30 days in accordance with the Ombudsman's proposals. Since the office was established in July 1997, 205 complaints had been lodged with it.
The delegation affirmed that there had been a continuous process of development of gender equality in the society. A high percentage of involvement of women in all areas of public sectors had been achieved as a result of the existing economic and social conditions, and yet, the mentality of the society was not changing with the desired speed.
With regards to violence against women, the delegation said that although there were no official statistics on this issue, domestic violence against women existed in the society. However, the Government was endeavouring to change attitudes and to raise awareness relating to the existence of the domestic violence issue. A public poll conducted recently had shown that 68 per cent of those polled thought that it was social factors which influenced the phenomenon of violence; 46 per cent said that they had been battered by their husbands.
The delegation said that between 1993 and 1997, a total of 531 missing persons had been reported, out of whom 358 had been found dead or alive. Most of the remaining 137 persons who had not been found were residing abroad and due to various considerations did not return to the country.
Concerning detention, the delegation said that detention of persons was exclusively carried out in a detention room. During the detention, occasional surveillance of the detained persons was carried out in order to assure their personal safety and to prevent any attempt to escape. Due to the problems regarding the duration of detention, parliament had recently adopted an amendment to the Constitution according to which detention, pursuant to a court decision and until a charge was brought, might last for a maximum period of 180 days.
According to the delegation, detention of minors was determined by a court ruling only for serious forms of criminal offenses; when the identity of the minor could not be established; and when there were circumstances that pointed to the risk of escape. In 1997, there had been 2,743 criminal cases against minors in the courts, out of which detention was ordered in 19 cases. During detention, minors were separated from adults.
On the right to a fair trial, the delegation said that the independence of the judiciary was guaranteed by the Constitution and courts functioned autonomously on the basis of the Constitution. The principle of a fair trial was strengthened by that of a fair hearing according to which the accused in the procedure was an equal subject and could not be forced to make a confession.
Committee experts also raised supplementary questions to the delegation on such issues as prison conditions; solitary confinement; police incidents during the recent public demonstrations; the procedure of recourse in the Constitutional Courts in lodging complaints of violation of rights; emergency laws; status of citizenship and residence; investigation of torture cases; and the number of persons who had died in police custody.