HELSINKI COMMITTEE FOR HUMAN RIGHTS
IN THE REPUBLIC OF MACEDONIA

REPORT ON MINORITY RIGHTS IN THE REPUBLIC OF MACEDONIA



September 1999





FACTS AND FIGURES

(according to the 1994 census and according to the Statistical Yearbook of the Republic of Macedonia for 1997 and 1998 year)

__________________________________________________________________________________
Total area:                                 25,713 square kilometres
__________________________________________________________________________________
Population:                                 1,945,932
__________________________________________________________________________________
Capital:                                    Skopje (pop. 540000)
__________________________________________________________________________________
Urban population:                           59,7 %
__________________________________________________________________________________
Population under age 15:                    24%
Population under age 18:                    30 %
__________________________________________________________________________________
Main ethnic groups:
      Macedonians                           66.5%
      Albanians                             22.9 %
      Turks                                 4.0 %
      Roman                                 2.0 %
      Serbs, Vlachs & others                4.6 %
__________________________________________________________________________________
Infant mortality rate:                      16,4 per 1000 live births (1997)
__________________________________________________________________________________
Percentage of population covered by central water supply systems: 65,4%
__________________________________________________________________________________
Life expectancy:                            72,9 (women)            (1996)
                                            68,6 (men)              (1996)
__________________________________________________________________________________
Expenditure on social services as           28,5%                   (1997)
percentages of government expenditure:      23%                     (1998)
__________________________________________________________________________________
Expenditure on education                    17,7%                   (1998)
__________________________________________________________________________________
Expenditure on health                       0,7%                    (1998)
__________________________________________________________________________________
Average monthly salary:                     9775 den.               (1998)
__________________________________________________________________________________
GDP per capita:                             1795 DM                 (1998)
__________________________________________________________________________________
Unemployment:                               31,9%                   (1996)
Female employment:                          36,2%                   (1996)
__________________________________________________________________________________
Number of people drawing pensions:          222726                  (1996)
__________________________________________________________________________________
Illiterate population (age over 10):        87,749 (5.4% of whole population)
                                            (1996)
Illiterate female population (age over 10): 67,254 (76.6% of illiterate population)
                                            (1996)
__________________________________________________________________________________

The global structure of the population regarding ethnic belonging is presented in the following table.

1953 1961 1971 1981 1991 1994
1304514
100
1406003
100
1647308
100
1909136
100
2033964
100
1936877
100
860699
66,0
1000854
71,2
1142375
69,3
1279323
67,0
1328187
65,3
1288330
66,5
162524
12.5
183108
13,0
279871
17,0
377208
19,8
441987
21,7
442914
22,9
203938
15,6
131484
9,3
108552
6,6
86591
4,5
77080
3,8
77252
4,0
20462
1,5
20606
1,5
24505
1,6
43125
2,3
52103
2,6
43732
2,3
8668
0,7
8046
0,6
7190
0,4
6384
0,3
7764
0,4
8467
0,4
35112
2,7
42728
3,0
46465
2,8
44468
2,3
42775
2,1
39260
2,0
13111
1,0
19177
1,4
38350
2,3
72037
3,8
84068
4,1
36922
1,9

The foundations of the modern Macedonian state were laid in 1944. As one of the republics of the ex Socialist Federal Republic of Yugoslavia, the than Socialist Republic of Macedonia proclaimed the principle of nondiscrimination on national grounds. In the laws and by-laws the existence of the minorities was acknowledged and the special rights were defined. With the Constitution from 1974 were defined three collectivities: people, nationality (understood as national minority) and ethnic groups. The theoretical legal framework provided by this Constitution at first sight enabled wast area of rights and freedoms for the minority communities. In practice there were minor or major digressions of the idealized legal framework.

From the data of some researches on ethnic minorities in Socialistic Republic of Macedonia, and from some basic statistic data from the period 1945-1990 we can make conclusions for existence of covert discrimination continuously exercised on the issues of the minority communities.

The practice of the Yugoslav socialism enabled partial covering of the factual discrimination while great formal rights were stipulated in the legislation. Neglecting and insufficient care for the development of the persons belonging to the minorities in the ex-SFRY lead to creation or emphasized the differences of the socio-economic, cultural and educational level. For illustration we could throw a glance on the official data figures on development of the regions where the minority population is in majority or in significant number and the regions where the majority population of the state dominates.

According to the statistical data for 1992 year1, the lowest Social product per capital2 is present in the distinguishably ethnically mixed municipalities (mostly in the west side of the Republic):

municipalities with dominant minority population

MunicipalitySocial product
(100 level)
Gostivar37,2
Kicevo41,9
Tetovo57,6
Struga48,0

majority population

MunicipalitySocial product
(100 level)
Bitola135,7
Kocani114,6
Strumica80,4
Stip118,0

The next differentiation between members of ethnic collectivities starts with the living place:

  Total Macedonians Albanians Turks Romas Vlachs Rest
Total
in %
2075196
100,0
1378687
100,0
478967
100,0
81615
100,0
47408
100,0
8574
100,0
79945
100,0
Urban 1181894
56,0
887772
64,3
145093
30,2
35869
43,9
45223
95,3
6446
75,1
38209
47,7
Rest 852070
44,0
490915
35,7
333874
69,8
45746
56,1
2185
4,7
2128
24,9
41736
52,3

More than 50% of the members of Albanians' and Turks' ethnic groups are part of rural population. Before the World War II 75% of the population on this territory regardless of ethnic determination belonged to rural part. So, the leaving stile, the social position, the levels of education were very similar between the representatives of different ethnic groups. After the World War II the normal process of migration rural-urban environment was started. These migrations were not equal for all the ethnic groups. Furthermore, because of many objectives and subjective conditions (some of them were part of the global policy of the previous political system) the distinction between ethnic groups was deepened slowly but constantly. The different surrounding enabled the processes of differentiation of the basic living standards' parameters.

Characteristic differentiation for the previous political system was between public employees, mixed and cooperative sector on one and private sector on the other hand. If we have on mind that the first one includes the employees in the state bodies we can see the importance of such a differentiation:

Sector In total Macedonians Albanians Turks Roma Vlach Serb Rest
Total
in %
542237
100,0
436905
80,6
56436
10,4
12419
2,3
8520
1,6
3071
0,6
12410
2,3
2476
2,3
Public, mix and cooperative sector
in %
475334
100,0
403896
85,0
33123
7,0
8302
1,8
6845
1,4
1921
0,4
11449
2,4
9798
2,1
Private sector
in %
66903
100,0
33009
49,3
23313
34,9
4117
6,2
1675
2,5
1150
1,7
961
1,4
2678
4,0

Great discrepancies exist between the members of different ethnic groups concerning education too. They are greater as we are going higher on the steps of the educational system. The fact is that the most negative tendency was stressed in the period of years' 1980-1989. In this period we can locate the biggest reaction on the rising clams from the Albanians in Kosovo for more autonomy and more rights. The situation in Macedonia was influenced from Kosovo. It was counterbalanced by large Serbian influence on the official government. In this period many steps were undertaken as "protection" of the SFRY from real and/or so cold separate iredentist ideas of the members of Albanian minority. Some times, only under the label of irredentism number of teachers from the schools where Albanian was language of instruction, were dismissed, some classes were closed, newspapers and another publications on Albanian language were canceled or were diminish their edition; Albanian as language of instruction was derogated in the Pedagogical Academy too.

Concerning the national minorities, the new established political system in Macedonia started with the negative balance from the previous system. In spite of the fact that from the very beginning of the process of the conceptualization of the new political system the interethnic relations were one of the major generator of destabilization, the issues concerned with the national minorities have so far not been a priority of state activity and structuring. In raising and resolving the problems steaming from the interethnic relations starting point is the civic approach as well as the possibility for active involvement of the persons belonging to the national minority in the political life via ethnically based political parties.

There are no restrictions against establishing political parties and non-governmental organizations on an ethnic basis. On these basys most often, the relations between the nationalities and the majority population are established and solved on a political level and with the political agreement of the parties.

Still there is visible nonequality between members of some nationalities and members of the Macedonian majority. In recent years, efforts have been made to improve the situation, above through increasing the presence of persons belonging to the different nationalities in the structures of the government. There is noticeable increase in the number of students who study in their native language, and the drop-out rate of these students from elementary and secondary education has been reduced. Several projects have been started on an experimental level in education, local self-government and state administration, whose objective is the promotion of a multicultural approach.

There are projects on human rights education and minority rights for the police forces, and greater presence of minorities in the military schools.The office of the Ombudsman is becoming a relevant factor in the cases connected with the minority issue. According to the Constitution there is a possibility for protection of human rights through the Constitutional court in cases concerning any kind of discrimination, freedom of expression or freedom of religion, as well as freedom of assembly. There is a possibility of an increasing number of cases in the regular courts and in the regular administrative procedure.

As a result of the change of power and the formation of a new coalition between the parties of VMRO-DPMNE, DA and DPA we have witnessed a moratorium sui generis on issues concerning inter-ethnic relations. Since November 1998, when the last elections took place, a view was launched among the public that ‘inter-ethnic relations in Macedonia had become relaxed’. According to the party leaders of the three coalition parties, the root-causes of the inter-ethnic tensions could be connected with the activities of the previous government and the mere fact of changing that government could very easily and painlessly put an end to the tension. What does this mean from the perspectives of the structure of power?

At these elections to the Macedonian Parliament 25 representatives of the Albanian minority3 were elected, while in the Government they now participate with 5 ministers (one of whom is a Deputy Prime Minister) and 5 deputy ministers. At the previous elections in 1994 ethnic Albanians were represented by 19 members of Parliament, 5 ministers (one of whom was a Deputy Prime Minister) and 4 deputy ministers. Taking into account that the total number of ministries in the present Government has increased, it means that ethnic Albanians are now less represented in the Government than they used to be. However, the situation has changed in terms of providing a more significant presence of DPA representatives among high-level state administrators.

In addition, the coalition parties' agreement incorporated the adoption of the Law on Amnesty that, inter alia, enabled the release of the two imprisoned mayors — the mayor of Tetovo and the mayor of Gostivar. The two mayors had been convicted in accordance with the provisions of the Criminal Code — article 319 (provoking national, racial and religious hatred, and fostering a civil division and impatience)4 and article 387 (insurrection). These activities had been carried out done during their public appearances in 1997 (in connection with the request to hoist the Republic of Albania's state flag in front of the buildings of the Macedonian local self-government units). The Constitutional Court overruled their request for protection of the freedom of speech and opinion.

Analyzing the current situation of the minorities in the Republic of Macedonia few more significant omissions in the sphere of the political and legal treatment could be pointed out:
- Basic omission in the treatment of the minority issues is the lack of more significant affirmative action by the State. In order to decrease the starting debalance in the treatment of the minorities in Macedonia with what the State was faced during the early stages of the transition, more active role of the State is necessary. This goes especially in the area of the socio-economic life, the health and living condition, participation in the structures of the administration, use of minority languages in the units of local self-government.
- There is a lack of defined goals and strategy for achieving them in the treatment ofthf minority issues. This lack of goals and strategy increases the space for dayly politics versus the possibility for stabilization of the legal framework and acting via proper legaly defined procedures. This leads to regressive processes in the sphere of legal regulation of the minority issues and to narrowing the room for legal promotion and protection of the minority rights.



Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

From the relevant areas, Macedonia has ratified: the International Covenant on Civil and Political Rights, the Convention on Prevention and Punishment of Crimes of Genocide, the International Convention on Prohibition and Punishment of the Crime of Apartheid, the Convention on Slavery, the Convention on the Status of Persons Without Citizenship, the International Convention on Elimination of All Forms of Racial Discrimination, the Convention Against Discrimination in Education, the European Convention on Human Rights, and the Framework Convention on the Protection of National Minorities, and it is signatory of the Charter on Regional and Minority Languages. (The Charter has not been ratified, due to disagreement from the deputies belonging to the Albanian nationality.)

The Constitution also provides for the establishment of the Council for Interethnic Relations as a Parliamentary body. According to the Constitution and the laws, all nationalities in the Republic of Macedonia enjoy the same rights; however, their number and distribution play a great role in this issue.

Due to the large number of persons belonging to the Albanian nationality and their concentration on a specified territory, the smaller nationalities (particularly the Roma, the Turks and the Vlachs) are often neglected.



Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation between States.

Upon election of the new Government coalition, there is a considerable relaxation in the relations with the three countries neighboring the Republic of Macedonia (Greece, Albania and Bulgaria). Various projects have been started, especially on non-governmental and university levels, whose purpose is to overcome the ethnocentrist approach in defining and solving the problems.



Article 3

1 Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.

2 Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

Presures by the State on the citizens concerning their declaration to which ethnicity they belong have not been noticed.From the aspect of freedom of choice: to belong or not to a concrete ethnic group, se pojavuva problem so survival of the Macedonian Muslims Muslims who are under permanenet presure by hte Turkish minority to declare themselves as Turks. Some Roma declare themselves as being Turks or Egyptians, due to some external presures or in oreder to gain better status and living condition. It could be noted that there is a process of Albanization of the part of the population practicing Islam (through increasing the level of the Albanian language in the religious practis, the religious service and the education of the preachers). The collective approach in the presentation of the nationalities has a negative influence on the possible greater individualization. It is a relict from the previous regime and stimulates political treatment of the issues of the minority as a group and not as as individuals, i.e. ad persons belonging to minority. Thus the problems are being resolved by political means instead through legaly deffined procedures. The result is almost complete lack of individual complaints and activities of the citizens in the sphere of protecting their own rights through the legal institutions of the system.

The existence of national minorities is mentioned in the Constitution of the Republic of Macedonia, and the preamble of the Constitution specifically lists the the biggest minority groups that are historicaly bonded with the teritory of the Republic of Macedonia. The Preambule is not an effective part of the Constitution and mentioning or not mentioning their name has no influence whatsoever on their political and legal possition.

In the census documents there is a possibility of expression of national belonging. That means that everybody can express his/her belonging to minority regardless of the issue wheather that minrity is named or not in the Preambule of the Constitution or not.The statistical office of the RM (a governmental structure) is responsible for collecting demographic data. By now irregularities in filling the statistical census dokuments are not registered, yet in order to improve this process, its puctuality and truthfulness of the data there is a neccessity of education of the pollsters.

Persons belonging to the Albanian nationality are mainly established in the western part of Macedonia and in the capital city- Skopje (in 40 municipalities). The Roma population is dispersed in all the bigger towns. Serbs are settled in the northern part of Macedonia (Skopje, Kumanovo, Tetovo and surrounding villages). Turks and Vlachs are dispersed in the whole country. It is much easier to satisfy the educational, cultural and language rights of the minorities in the municipalities where there is higher concentration of persons belonging to same minority.



Article 4

1 The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

2 The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

3 The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.

The laws do not contain any provisions that can be assessed as discriminatory with regard to any nationality.

Constitution of the Republic of Macedonia, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA", NO. 52/91
Chapter I
Basic provisions

article.7
(1) The Macedonian language, written using its Cyrillic alphabet, is the official language in the Republic of Macedonia.
(2) In the units of local self-government where the majority of the inhabitants belong to a nationality, in addition to the Macedonian language and Cyrillic alphabet, their language and alphabet are also in official use, in a manner determined by law.
(3) In the units of local self-government where there is a considerable number of inhabitants belonging to a nationality, their language and alphabet are also in official use, in addition to the Macedonian language and Cyrillic alphabet, under conditions and in a manner determined by law.

article 8
(1) The fundamental values of the constitutional order of the Republic of Macedonia are:


- the basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution;
- the free expression of national identity;...

Chapter II
Basic freedoms and rights of the individual and citizen

article 9
(1) Citizens of the Republic of Macedonia are equal in their freedoms and rights regardless of sex, race, color of skin, national and social origin, political and religious beliefs, property and social status.
(2) all citizens are equal before the Constitution and law.

article 19
(1) The freedom of religious confession is guaranteed.
(2) The right to express one's faith freely and publicly, individually or with others is guaranteed.
(3) The Macedonian Orthodox Church and other religious communities and groups are separate from the state and equal before the law.
(4) The Macedonian Orthodox Church and other religious communities and groups are free to establish schools and other social and charitable institutions, by way of a procedure regulated by law.

article 20
(3) The programs and activities of political parties and other associations of citizens may not be directed at the violent destruction of the constitutional order of the Republic, or at encouragement or incitement to military aggression or ethnic, racial or religious hatred or intolerance.

article 29
(1) Foreign subjects enjoy freedoms and rights guaranteed by the Constitution in the Republic of Macedonia, under conditions regulated by law and international agreements.

article 48
(1) Members of nationalities have a right freely to express, foster and develop their identity and national attributes.
(2) The Republic guarantees the protection of the ethnic, cultural, linguistic and religious identity of the nationalities.
(3) Members of the nationalities have the right to establish institutions for culture and art, as well as scholarly and other associations for the expression, fostering and development of their identity.
(4) Members of the nationalities have the right to instruction in their language in primary and secondary education, as determined by law. In schools where education is carried in the language of a nationality, the Macedonian language is also studied.

article 54
(1) The freedoms and rights of the individual and citizen can be restricted only in cases determined by the Constitution.
(3) the restriction of freedoms and rights cannot discriminate on grounds of sex, race, color of skin, language, religion, national or social origin, property or social status.

Chapter III
Organization o the state

article 78
(1) The Assembly established a Council for interethnic Relations.
(2) The Council consists of the President of the assembly and two members each from the ranks of the Macedonians, Albanians, Turks, Vlachs and Romanics, as well as two members from the ranks of other nationalities in Macedonia.
(3) The President of the Assembly is President of the Council.
(4) The Assembly elects the members of the Council.
(5) The Council considers issues of inter-ethnic relations in the Republic and makes appraisals and proposals for the solution.
(6) The assembly is obliged to take into consideration the appraisals and proposals of the Council and to make decisions regarding them.

Chapter IV
Constitutional court of the Republic of Macedonia

article 110
(1) The Constitutional Court of Macedonian:
...
- protects the rights and freedoms of the individual and citizen relating to the freedom of communication, conscience, thought and public expression of thought, political association and activity as well as to the prohibition of discrimination among citizens on the grounds of sex, race, religion or national, social or political affiliation...

Law on local self - government, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA", NO. 52/95

article 25
(3) In the Council of the unit of local self- government, where the majority or a considerable number are members of different nationalities, a commission on inter-ethnic relations shall be created, which shall include representatives of every nationality represented in the unit of local self-- government.

article 88
(1) In the units of local self-government in which the number of the members of a nationality exceeds 50%of the total number of inhabitants determined by the last census of population shall be considered as units of local self-government in which a majority of members of the nationality live.
(2) The units of local self-government in which the number of the members of a nationality exceeds 20%of the total number of inhabitants determined by the last census of population shall be considered as units of local self-government in which a considerable number of members of the nationality live.

article 89
(1) At the session of the Council and other organs of the units of local self-government in which a majority or a considerable number of members of the nationality live, besides the Macedonian language and its Cyrillic alphabet, the language and the alphabet of the nationality that is majority or a considerable number shall be in use.
(2) The by-laws, the decisions and other general acts passed by the organs referred to in paragraph 1 of this Article shall be written and published in the Macedonian language and its Cyrillic alphabet, as well as in the language and alphabet of the nationality that is either a majority or a considerable number.
(3) In public services, public institutions and public enterprises established by the unit of local self-government in which a majority of members of a nationality live, besides the Macedonian language and its Cyrillic alphabet, the language and the alphabet of the nationality that is a majority shall be in official use.

article 90
(1) In the units of local self-government in which a majority of members of a nationality live, the names of populated places, the signs of public services and institutions, the signs of enterprises and other public enterprises established by the unit of local self-government shall be written in the Macedonian language and its Cyrillic alphabet, as well as in the language and the alphabet of the nationality that is majority.
(2) In the units of local self-government in which a considerable number of members of a nationality live, the names of populated places, the signs of public services and institutions, the sign of enterprises and other public signs shall be written in Macedonian language and its Cyrillic alphabet, and in the language and the alphabet of the nationality that is in a considerable number, if so decided by the Council of the unit of local self-government.
(2) The signs of cultural and educational institutions solely serving to the development and promotion of cultural and educational goals of the nationalities, shall be written in the Macedonian language and its Cyrillic alphabet, and in the language and the alphabet of the nationality regardless of the number of members of the nationality who live in that unit of local self-government.

Criminal Code, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 37/96

Chapter 15

Crimes against the rights and freedoms of the human and citizen

Injury to the equality of citizens

article 137
(1) A person who, based on a difference in sex, race, color of skin, national and social origin, political and religious belief, wealth and social position, the language or other personal characteristics or circumstances, takes away or limits the rights of man and citizen, determined by the Constitution, by law or by ratified international covenant, or who based on all these differences gives citizens favors,

shall be punished with imprisonment
of three months to three years

(2) If the crime from item 1 committed by an official person while performing his duty, he shall be punished with imprisonment
of six months to five years.

Violation of the right to use the language and the alphabet

article 138
(1) A person who takes away or limits the right of the citizens to use the language and the alphabet, guaranteed by the Constitution, by law or by international covenant

Shall be punished by imprisonment
of three months to three years

(2) If the crime from item 1 committed by an official person while performing his duty, he shall be punished with imprisonment
of six months to five years.

Chapter 28

Crimes Against the State

Causing national, racial or religious hate, discord or intolerance

article 319
(1) A person who by force, mistreatment, endangering the security, ridicule of the national, ethnic or religious symbol, by damaging other people's objects, by desecration of monuments, graves, or in some other manner causes or excites national, racial or religious hate, discord or intolerance

shall be punished with imprisonment
of one to five years

(2) A person who commits the crime from item 1, by misusing his position or authorization, or if because of these crimes, riots and violence were caused among people, or a property damage with a large extent was caused shall be punished with imprisonment
of one to ten years

Chapter 34

Crimes against humanity and international law

Genocide

article 403
(1) A person who with the intention of complete or partial destruction of some national, ethnic, racial or religious group, orders the murder or infliction of serious body injuries, or serious harm to the physical or mental health of members of a group, or forced resettlement of population, or to place the group under such living conditions as to bring about the complete or partial extermination of the group, or to apply measures that prevent birth among the members of the group, or a person who with the same intention, commits some of the above mentioned crimes,

shall be punished with imprisonment
of at least ten years, or
with life imprisonment

Organizing of the group and encouragement for committing the genocide and war crimes

article 408
(1) The person who is organizing the group for committing the crimes from the articles 403 to 406

shall be punished with imprisonment
of at least ten years

(2) The person who will become member of the group from the item 1 shall be punished with imprisonment
of at least one year

(3) The person who belong to the group from the item 1 who will uncover the group before committing the crime as a member of the group or for the group shall be dismissed from the punishment
(4) The person who convoke or encouragement for committing the crimes from the articles 403 to 406 shall be punished with imprisonment
of one to ten years

Racial or other discrimination

article 417
(1) A person who based on the difference on the race, color of skin, nationality or ethnic belonging, violates the basic human rights and freedoms, acknowledged by the international community,

he shall be punished with imprisonment
of six months to five years.

(2) The punishment from item 1 applies also to a person who persecute organizations or individuals because of their efforts for equality of the people.
(3) A person who spreads ideas about the superiority of one race above some other, or who advocates racial hate, or instigates to racial discrimination he shall be punished with imprisonment
of six months to three years.

LAW ON MOVEMENT AND RESIDENCE OF FOREIGNERS, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 36/92"

Article 45

Persons without citizenship and foreigners, who have abandoned the state of their citizenship or in which they were permanent residents, with an aim to avoid being exiled due to their progressive democratic and political conviction and actions, cultural or scientific (intellectual) activities, or to their national, racial and religious affiliation, may in the Republic of Macedonia be given the status of refugees.

LAW ON TELECOMMUNICATION, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 1/96"

Article 7
Public telecommunication in domestic and international telecommunication traffic is available to everyone under equal conditions.

Article 9
Transmission and transferring of message which call upon the violent destruction of the constitutional order of the Republic of Macedonia, or the encouragement or incitement to military aggression or stirring up ethnic, racial or religious hatred or intolerance is forbidden.

Article 89
Enterprise or other legal person will be fined with 5 to 20 salaries for offense if:
2)... it transmits or transfers message which calls upon the violent destruction of the constitutional order of the Republic of Macedonia, or the encouragement or incitement to military aggression or ethnic, racial or religious hatred or intolerance. (Article 9)

LAW ON INHERITANCE, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA", NO. 47/96"

Article 3
Citizens, under equal conditions, are equals in receiving inheritance.

Article 5
Foreign subjects (citizens) in the Republic of Macedonia, under the application of the principle of reciprocity, have the same inheritance rights as the citizens of the Republic of Macedonia do.

STATUTE OF THE TRADE UNION ASSOCIATION (CONFEDERATION), 1993

Goals and Tasks (Assignments) of the Association

Article 3
Protection from any kind of repression and intolerance, especially on the basis of nationality, religion, ideology, sex, political and other affiliation.

LAW ON POLITICAL PARTIES, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 41/96"

Article 4
The programs, statutes and activities of political parties may not be directed at:
- the violent destruction of the constitutional order;
- the encouragement or incitement to military aggression; and
- the stirring up ethnic, racial or religious hatred or intolerance.

LAW ON IDENTITY CARDS, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 8/95"

Article 5
(2) ... the names of the persons belonging to nationalities are written also in the language and alphabet of the nationality.

LAW ON PERSONAL NAMES, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 8/95"

Article 9
(2) The personal names in the identity cards are written in Macedonian language and its Cyrillic alphabet, while the names of the persons belonging to nationalities are written also in the language and alphabet of the nationality.

LAW ON PRIMARY EDUCATION, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 44/95"

Article 8
(2) For the persons belonging to nationalities the education and instruction are carried out in their language, as determined by law.

Article 13
(1) In primary schools, political and religious organization and activities are forbidden.
(2) In primary schools, organization of religious education is not allowed.

Article 67
(1) Teacher, skilled counselor and a tutor may be a person who, besides conditions set up in Article 66 of this Law, satisfies the following requirements:
- to be a citizen of the Republic of Macedonia;
- to be in a good health and physical condition;
- to know the Macedonian langtage and jts Cyrillic alphabet; and
- not to be convicted of crimes against dignity and morality.
(2) Persons of paragraph 1 of this Article, except the teachers of Macedonian language, should, in the classes in which the instruction is carried out in the language of nationalities, know the language and alphabet in which the instruction is carried out.
(3) Exceptionally, if a teacher, who knows the language of a subject nationality, cannot be provided, then, but only temporarily, the instruction may be carried out by a teacher who does not know the language of the subject nationality.
(4) The primary school institutions are obliged to arrange a test of the teachers' knowledge of the instruction language pursuant to the paragraph 1 and 2 of this Article.

Article 81
(1) The pedagogical documents and records are being written and issued in Macedonian language and its Cyrillic alphabet.
(2) For pupils who attend the instruction in one of the languages of nationalities, the pedagogical documents and records are registered and issued both in the Macedonian language and its Cyrillic alphabet and in the language and alphabet of the nationality, while the pedagogical evidence is written in the language and alphabet in which the instruction is being carried out.

LAW ON SECONDARY EDUCATION, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 44/95"

Article 3
(1) Everyone, under equal condition, has the right to secondary education.
(2) Discrimination based on sex, race, color of skin, national and social origin, political and religious belief, income scale and social status is forbidden.

Article 4
(1) Educational-instructional activity in secondary schools is carried out in Macedonian language and its Cyrillic alphabet.
(2) In public schools, the educational-instructional activity for pupils belonging to nationalities is carried out in the language and alphabet of their nationality under conditions determined by this Law.
(3) The pupils of paragraph 2 of this Article, obligatorily learn the Macedonian language.
(4) In the public secondary schools, the instruction may be carried out in one of the world languages.

Article 5
(1) Foreign citizens and persons without citizenship may acquire secondary education in a manner and under conditions prescribed by the law.

Article 7
(1) Any kind of political and religious organization and activity in secondary schools is forbidden.
(2) In secondary schools, the organization of religious education is forbidden.

Article 59
(10) Teachers and tutors of the paragraph 2, 3, 4, 5, 6, and 9 of this Article have to be citizens of the Republic of Macedonia and have to master the literary language and alphabet in which the instruction is carried out and not to be convicted of crimes which makes them unsuited of carrying out educational and instructional activities.
(4) Schools are obliged to arrange a test of the teachers' knowledge of the language of paragraph 10 of this Article. The test is to be conducted by a commission.

Article 73
(1) The pedagogical documents and records in secondary schools are being written and issued in the Macedonian language and its Cyrillic alphabet.
(2) For pupils who attend the instruction in the language of nationality, the pedagogical documents and records are registered and issued both in the Macedonian language and its Cyrillic alphabet and in the language and alphabet of the nationality, while the pedagogical evidence is written in the language and alphabet in which the instruction is being carried out.

LAW ON CRIMINAL PROCEDURE , "OFFICIAL GAZETTE OF THE REPUBLIC OF Macedonia, NO. 15/97"

Chapter I
Fundamental Provisions

Article 4
(subparagraf 2) Every accused has the following minimum rights:
- to be informed immediately and in detail, in a language which he understands, of the crime he is imposed on and the evidence against him...

Article 6
The official language in the criminal procedure is the Macedonian language and its Cyrillic alphabet.

Article 7
(1) Parties and other participants in the procedure during hearings and other procedure activities before the Court have the right to use their own language. If the procedure is not conducted in the language of the parties and participants, respectively, oral translation for what is being said during the hearings will be provided in their own language as well as oral translation of the corrections which are used during hearings as a proof.
(2) Parties and other participants in the procedure will be instructed about the right to follow the oral procedure in their own language by the help of interpreters. They may cancel the right to interpretation if they give statement that they understand the language in which the procedure is being conducted. The record will include that they were given such instruction as well as their statement.
(3) Interpretation is done by an interpreter.
** In regard to the usage of the language in extrajudicial procedure, in crime procedure, in administrative procedure the provisions of the Law on the Court Proceedings (Judicial Procedure) are applied.

LAW ON COURTS, "OFFICIAL GAZETTE OF THE REPUBLIC OF MACEDONIA, NO. 36/95 and 45/95"

Article 7
(1) Everyone has the right to equal approach before the courts with an aim to protect his/her rights and legally established interests.
(2) Everyone has the right to trial which is legal, impartial, honest and in reasonable term.
(3) The right to approach the court may not be limited to anybody in case of shortage of funds.

Article 40
(1) In the process of choosing the judges and court jury, there must not be a discrimination relative to the sex, race, color of skin, national and social origin, political and religious conviction, income scale and social status.
(2) In the process of choosing the judges and court jury, without violating the criteria established by the law, a proper representation of the nationalities of the Republic of Macedonia will be provided for.

Proposals for the laws:

Law on higher education

article 8
(1) there shall be no political and religious organizing or carrying out activities at the university, the tertiary education and other institutions which form part of the university.
(2) Discrimination and segregation in conducting and utilizing tertiary education activities based on sex, race, color, national or social background, political or religious beliefs, social or material status shall not be allowed.

article 9
(1) The language of instruction shall be Macedonian.
(2) Teach can also be carried out also in the languages or nationalities at the tertiary education institutions where teaching staff for elementary education is trained, and for secondary education, at pedagogical faculties.
(3) Teaching of particular subjects can be performed in the languages of other nationalities for the purpose of sustaining and promoting the cultural and national identity.
(4) the tertiary education activities for particular subjects can be performed in one of the modern languages.

article 10
(1) Citizens under the same conditions determined by law shall have the right to enroll and receive an academic and scientific degree of education.

article 11
(1) Foreigners and people without citizenship can be educated at the tertiary education institutions in the Republic of Macedonia under the conditions decreed by this law and some other international contracts.

In the report of the Ombudsman for 1998 year there are not cases concerning minority issues.

Still, one can hardly speak of a factual equality between persons belonging to the different minority groups and those belonging to the majority population. The persons belonging to the different nationalities are not sufficiently represented in the state administration, in the higher levels of education, and in the management structures. One of the initial differences, that has great influence on the starting position of the persons belonging to the different nationalities, as it was mentioned is still the place of living.

According to the statistical data from 1998 year:

  Total Macedonians Albanians Turks Romas Vlachs Serb
Total
in %
1935034
100,0
1332983
100,0
431363
100,0
64665
100,0
35120
100,0
7036
100,0
33315
100,0
Urban 1156297
59,7
906206
70,0
141257
32,7
33318
51,5
33306
94,8
5809
82,5
21586
64,7
Rest 778737
40,3
426777
30,0
290106
67,3
31347
49,5
1814
5,2
1227
17,5
11729
35,3

From an economic point of view, one can clearly see still significant differences between the municipalities in which the Macedonian are the predominant population and those in which, for example, the Albanians are the majority population.

Data for 1995 show differences which are sign of slow changes compared to the data for 1992.

MunicipalitySocial product per capita
(100 level)
Gostivar44,9
Kicevo46,8
Tetovo58,1
Struga43,5
MunicipalitySocial product per capita
(100 level)
Bitola150,7
Kocani67,1
Strumica63,7
Stip86,3

The state tries to obtain factual equality through several activities: increasing the number of persons belonging to national minorities in the administration and in management positions (in the public job anouncements for emplyment in the administration especially in the units of the local self-government where certain minority is significantly present advantage for the persons belonging to that minority is envisaged); the so-called "zero-year" (in cooperation with the High Commissioner for National Minorities, Mr. Van der Stoel a project for additional education was initiated in order to improve the competitivness of the persons belonging to tna Albanian minority at the enrollment exams at the universities in Skopje and in Bitola; quotas in the enrollment at the Skopje and Bitola universities (the quotas are set on 10% out of the total number of students that are supposed to enroll that scholl year; their implementation started in 1995); conditions for greater representation in the media; proper territorial division. However, essential differences still remain in the living standard, education, presence in the judicial system and in the administrative and management staff (particularly in the Ministry of the Interior and the Ministry of Defense). In 1991, a special quota of 15% was introduced, and later increased to 22% for the enrollment of persons belonging to national minorities in the educational institutions that prepare personnel for the Ministry of the Interior. The structure of the local units of this Ministry does not correspond to the structure of the population. (In the total number of employed persons in the local unit in 1998 year, the percentage of persons belonging to the Albanian nationality was 12.4% in Gostivar, 3.3% in Struga, and 17% in Tetovo.) There is still no great interest for persons belonging to national minorities to enroll in these schools and to work in the bodies of the Ministry of the Interior.

After the 1996 local elections, 26 mayors out of 124 belonged to national minorities (22 Albanians, 2 Turks, 1 Serb and 1 Roma). For councilmen, the number was 466 out of 1860.



Article 5

1 The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

2 Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

In the area of education, particularly problematic in recent years has been postavuvano pra[aweto na the absence of university education in the languages of the minorities (except at the Faculty of Philology, Faculty of Drama, and Faculty of Pedagogy of the Skopje University). This is mostly due to old legal regulations that do not treat separately the issue of higher education in minority languages, and due to the identical school curricula and contents that do not take due account of the cultural differences. A negative trend is the cancellation of the Law on Use of Flags of the Nationalities, the restrictive standards on the official use of minority languages in local self-government, the changes in the Law on Criminal Procedure with regard to the part that treats the use of minority languages in their communication with the courts.

- With the Decission of the Constitutional Court dated December, 9 1998 the Law on Use of the Flags of the National Minorities was desenforced;

- On Juni, 21 1999 the Constitutional Court desenforced the articles of the laws on criminal and civil procedures that stipulated that the court correspondence, including the court writtings to the persons belonging to minority living in municipality where there is a significant concetration of theirs, will be in his/her language and its letter;

- Both in the practice and in the decissions of the Constitutional Court the provision od the Constitution concerning the use of the minority language in the units of the local self-government where they are majority or they are present in a significant number is interpreted restrictivly. The use of the minority language is only practised during the sessions of the Parliament of the respective unit of the local self-government.

Formally, in the Republic of Macedonia there is no state religion. However, Art. 19 of the Constitution, in which freedom of religion is guaranteed, speaks about the Macedonian Orthodox Church, and about other religious communities and religious groups, in a language that may be considered as an act of favoring the Orthodox religion. This Law, in a certain way, separates the religious communities (to which belong the Orthodox, the Catholic and the Muslim) from the religious groups (to which belong all other religious beliefs).

In conformity with the unitary character of the state, in the Republic of Macedonia there is only one official language. However, the Constitution and the Law on Local self-government use the phrase "language in official use", in describing the language of the minority that makes the bigger part of the population in a given local self-government unit. However, through the predominance of the Macedonian language as the official one, a basic integration policy exists.

There are no restrictions on the use of minority languages in private life. Minorities have their own cultural associations, theaters, daily and weekly papers, radio and TV programs (both on state and private radio and TV stations). Na dr`avnite radio i TV stanici se u[te nema dovolen broj saati na emituvawe na jazicite na nacionalnostite.



Article 6

1. The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons’ ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

2 The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

Except on inter-party level and on the level of the Assembly (i.e., the Council for Interethnic Relations), a special process of interethnic dialogue is not stimulated in the Republic of Macedonia. The state does not stimulate processes of cooperation and better understanding among persons belonging to various ethnic groups. In some ministries (the Ministry of the Interior, the Ministry of Labor and Social Policy) projects have been started which aim at training the personnel on the aspect of special sensitivity towards persons belonging to various ethnic groups. However, these projects are at their very starting level and are often met with misunderstanding and hindrance. There is a need for such training for employees of these ministries because of the number of complaints lodged by persons belonging to various ethnic groups (Albanians, Roma and Turks) related to silent discrimination by official authorities. The number of initiated cases before the courts and other competent bodies is still small due to the mistrust of the citizens in the judicial system and fear of negative consequences.

In the educational system, one does not particularly emphasize the promotion of tolerance, understanding and cooperation among persons belonging to various ethnic groups. However, there are several experimental projects like: bilingual kindergartens and projects of training for conflict solution. The Faculty of Drama recently opened studies in the Albanian language and a program for children is launched about interethnic conflict solution. Organizations at the non-governmental level are largely based on ethnicity. Great number of the NGO dealing with human rights, women organizations and humanitarian organizations are composed of ethnically homogeneous membership. This contributes to communication between NGO on interethnic basis instead on correspondence of interests.

The absence of a conscious approach, and the absence of contact among students belonging to the different ethnic groups, have resulted in permanent tension and emphatic intolerance and prejudices, thus leading to conflicts. (14 fights based on ethnicity have been registered among high school students in the period from 1 January to 1 April 1999). Studies made by the Faculty of Pedagogy in Skopje show an increase in ethnic intolerance. Most of the NGO deal with the issue of respect for differences and tolerance; however, this aspect is not applied by the state (except in the area of inter-party cooperation).

As it was mentioned in the laws there are clear prohibitions regarding any kind of restriction or discrimination based on nationality or ethnicity, and according to the Constitution and other laws enshrine that any form of racial or ethnic discrimination will be punished. The cases raised at the Constitutional Court speak that discrimination exists and that the citizens become aware of the possibilities to encounter it. Yet, members of the Roma, Albanian and Turkish minorities are claiming so-called "silent discrimination", everyday signs of intolerance, neglecting and humiliation. It is very cifhiSult to file a case on such grounds, but there are some positive developments like the case against an administrative worker of the social security department filed by a member of the Roma community.



Article 7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

In recent years, on several occasions the police has clashed with protesters in protests organized by persons belonging to national minorities in the Republic of Macedonia. Investigations concerning the possible exceeding of police authority has been given to various commissions of inquiry established by the Assembly of the Republic of Macedonia. The Commission of Inquiry established to investigate the 1997 Gostivar events concluded that it is necessary to finish the reforms in the Ministry of the Interior, to increase the educational activities, to identify and punish officers who have overstepped their authority, and to respect the Law on Public Assembly. Police also intervened during the Roma protests in Stip at the beginning of 1999. In all these situations stepping over of the official authorizations and use of force were noted that latter on were adequately penalized.

There are differences in the behavior of the police forces when the intervention is made in cases with predominant Macedonian and predominant Albanian or Roma population. There is a higher rate of the use of unnecessary force when members of ethnic groups are in question.



Article 8

The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organizations and associations.

There is no information on restrictions concerning religious freedom of the persons belonging to national minorities. In Prilep and Kumanovo attempts have been registered of indirect hindrance of the free manifestation of religious belief by the local authorities with impediment on their legal rights concerning new religion billings.

There are no religious institutions that are receiving any material support by the government but there is difference in the public presence and representation by media of the Orthodox Church and all other religions.



Article 9

1 The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

2 Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

3 The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

4 In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

The presentation in the media of the persons belonging to national minorities is possible on the both state and private electronic and printed media. Some problems have appeared only from the aspect of importing and distributing printed material. This has not been solved adequately.

A rather big problem is discretional and arbitrary media presentation of examples and situations where members of different ethnic groups are involved. Ethno-colouring of the news is often the case even when there is no obvious reason for this.



Article 10

1 The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

2 In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

3 The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

There are no restrictions on the use of minority languages in private.

The use of minority languages in communicating with the administrative and judicial authorities is very restricted. The Law on Local self-government itself is very restrictive and other laws have not treated the issue. This presents a permanent source of conflicts and obstacles in the communication between the local and central administration. Several legal initiatives have been undertaken before the Constitutional Court for the evaluation of the constitutionality of the acts of the units of local self-government written bilingual or only in Albanian. Decisions of the Constitutional Court concerning these cases are usually restrictive.

The last changes in the Law on Criminal Procedure took away the opportunity for written communication in minority languages of the involved parties with the competent court.



Article 11

1 The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

2 The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

3 In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

The legal provisions fully correspond to these requirements (the Law on Identity Card, and the Law on Registry Books).

It is possible to change both name and surname in very simple procedure. There are restrictions for the persons who are or have been involved in criminal proceedings. There were some cases when complaints were rejected without explanation, but after public reaction and two positive court decisions, there are no new examples.

In private life, the inscriptions and the titles may be in the minority language, as well as the names of the schools, cultural and other institutions related to the cultural heritage of a nationality and the toponym of the inhabited and geographical places (in areas where the minorities represent the greater part of the population). The toponyms in the areas inhabited by substantial numbers of persons belonging to some minority are in Macedonian language and in the language of that minority.



Article 12

1 The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

2 In this context the Parties shall inter allia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3 The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

Some subjects that are taught in the elementary and secondary education contain specific contents that are linked with the cultural and historical heritage of the given minority, but which are evaluated as insufficient by the persons belonging to the minorities.

There is no possibility for teacher training for secondary education in the languages of the minorities as well as any communication between the students who are taught in different languages.

With regard to the equal opportunities for education, there is a factual inequality between the persons belonging to various minorities and persons belonging to the majority, as well as a delay in adopting legal provisions and positive action by the state, that would enable equal access for persons belonging to minorities to all levels of education. There is lack of staff for the primary and secondary education and there is still a relatively high dropout rate, especially among girls. The progress is evident in this field, even from the aspect of enrolled and graduated university students in the Republic of Macedonia (15.7% of the total enrolled university students were persons belonging to minorities in the 1997/98 academic year). This percentage does not correspond to the structure of the population; however, it represents an improvement with regard to the 6.4% such enrolled students in the 1991/92 school year.

The affirmative action from the government is necessary here to attract more children to continue with secondary level education.



Article 13

1 Within the framework of their education systems, the Parties shall recognise that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments.

2 The exercise of this right shall not entail any financial obligation for the Parties.

Due to a delay in the adoption of the legal provisions, private education is only possible on primary and secondary level, and not on higher educational level.

The problem with the Albanian language University in Tetovo is the will of Albanians to establish a governmental university in Albanian language, not a private one. Members of the Albanian nationality thus claim that there is a financial obligation for the government concerning Tetovo University, or any other university on Albanian language.

a) Primary education

______________________________________________________________________________________

Total number of children in primary education (1997/98)         259,314
                instruction in Macedonian language              177,591 (68.48%)5
                instruction in Albanian language                 75,315 (29.04%)
                instruction in Turkish language                   5,783 (2.23%)
                instruction in Serbian language                     625 (0.24%)
______________________________________________________________________________________

The last few years saw a modest decline in the number of pupils in primary education (from 261,127 in 1991/92 to 259,314 in 1997/98). The biggest changes took place in the number of pupils following instruction in the Macedonian language, where a drop from 70,88% to 68,48% was recorded, and in the number of pupils following instruction in the Albanian language, which went up from 26,79% to 29,04%. This can be explained with the differences in the birth rate recorded in these two groups, but even more so with the ever more by the determination of Albanian families to have their children study in their mother tongue.

The primary education sub-system covers more than 95% of the children of that age group. Considerable efforts are made to include and retain all children in all eight grades of primary education. The analysis of the ethnic structure indicates that most of the children who were either never enrolled in primary school or dropped out at some stage, come from the Romany ethnic group. Special efforts are needed to stimulate an appreciation of the value of education among the Gypsies.

The number of pupils not completing their primary education has also declined in the past few years. In the 1996/97 school year the primary school dropout rate was only 0,85%compared to 0,94% in1994/95. According to the data available, most of the dropouts, (1.41% of the total), take place in the fifth grade, at the switch from whole-class to separate subject teaching, i.e. after children acquire basic literacy. The analysis of the gender structure shows that Albanian girls lead while there were only few such cases among Macedonian girls. Drop-outs are predictably more frequent in rural traditional communities than in towns.

Table 11: Drop-out rates

Language ofinstruction total pupil number total drop-out number female drop-out
Macedonian179.6861.505 (0,84%)551 (36,6%)
Albanian73.991626 (0,85%)516 (82,4%)
Turkish5.88283 (1,41%)61 (74,7%)
Serbian6829 (1,32%)7 (77,7%)
Total260.2412.223 (0,85%)1.135 (51,1%)

As a result of drop-out, but also because of the failure to achieve full enrolment in primary schools in the past, 5.4% of the population over 10 years, or 87,749 of the total population is illiterate.

Table 12: Structure of the illiterate persons

  Total Female
Total87.74967.254
Macedonians40.69831.551
Albanians28.46321.843
Romanies6.9935.069
Turks5.9884.418
Serbs1.9181.654
Vlachs540426

b) Secondary Education

______________________________________________________________________________________
Total number of children in secondary schools          86,296(1997/98)
                instruction in Macedonian              73,605 (85,29%)6
                instruction in Albanian                12,114 (14,04%)
                instruction in Turkish                 577 (0,67%)
______________________________________________________________________________________

According to the Constitution, secondary education is not compulsory, but is a right, accessible under equal conditions, without discrimination based on gender, nationality, social, political or religious persuasion. The result of the qualification exam, combined with the average result achieved at the end of primary education, is the criterion enabling the pupil to enrol in a secondary school offering general, vocational or art education.

Table 13: Ratio of 8th grade primary school graduates enrolled in 1st year of secondary education

school year 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98
number of 8th grade pupils29,93229,94129,63630,33430,40530,909
number of 1st year pupils22,29122,63024,19024,61625,00626,184
% of 1st year enrolment74.4775.5981.6281.4582.2484.71

The greatest encrease in secondary school enrolment between 1991/92 and 1997/98 was registered by students receiving instruction in Albanian. Their share of thi total rose from only 4% to 14% over the period. While the number of students receiving instruction in Macedonian increased by less than 10% ( from 67,182 to 73,605 students), the number of the Albanian stream quadrupled (from 2,875 to 12,114), the number of students receiving instruction in Turkish was almost tripled (from 193 to 577 students). The increased interest of the members of the ethnic groups in secondary education is a very good sign, despite all the problems of crowding and staffing character it has granted.

Table 14:Survey of the secondary school students by language of instruction, for the period 1991/92 to 1997/98 school year

school year Total number of pupils Macedonian language Albanian language Turkish language
1991/9270.25067.182 (95,6%)2.875 (4,1%)193 (0,3%)
1992/9370.24365.855 (93,7%)4.169 (5,9%)219 (0,3%)
1993/9472.34866.638 (92,1%)5.350 (7,4%)260 (0,4%)
1994/9574.80367.202 (89,8%)7.377 (9,8%)230 (0,3%)
1995/9679.90870.630 (88,4%)8.812 (11,0%)465 (0,6%)
1996/9782.97772.337 (87,2%)10.397 (12,5%)548 (0,7%)
1997/9886.29673.605 (85,3%)12.114 (14,0%)577 (0,7%)

However, an analysis of the national and gender structure of the secondary school pupils will produce a totally different picture.

Table 15: Survey of the national and gender structure of secondary school pupils

  Total Female
Macedonians79,8 %50,6 %
Albanians14,8 %37,3 %
Turks1,6 %33,5 %
Serbs1,4 %40,4 %
Muslims71,3 %30,4 %
Romanies0,5%32,5 %
Vlachs0,2 %83 %

A different picture emerges when seen from the perspective of ethnic origin and gender. This data shows that the proportional share of the ethnic groups, especially Albanians, Romanies, and Turks, does not correspond to their proportional share in the total population, particularly in terms of the female representation.

Education in secondary schools in the school year 1997/98 was carried out by 5,121 teachers. Most of them are university graduates (95%), but there are also teachers with PhD and MA degrees (2%). The rest have completed a two-year post secondary college or a secondary school, but there are some with lower professional qualification. The ethnic composition is as follows: 82.8% of teachers are Macedonians, 12.5% Albanians, 1% Turks, and most of the remaining 4.7% are Serbs, followed by Vlachs, Muslims, Romanies, etc. The national composition of the teaching staff more or less corresponds to the national composition of the secondary school pupils.

In the 1995/96 school year, the boarding schools accommodated 9,062 pupils and students (8,027 of whom Macedonians, 523 Albanians, 126 Turks, 18 Romanies, 13 Vlachs, and 62 Serbs).



Article 14

1 The Parties undertake to recognise that every person belonging to a national minority has the right to learn his or her minority language.

2 In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavour to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

3 Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

In accordance with the laws, education in the language of the minority is fully enabled on primary and secondary educational levels, and in some parts on a higher educational level. Members of Albanian and Turkish nationality are receiving instructions in their languages on elementary and secondary level of education. When the number of children is enough, Roma and Serb children are receiving instructions in their languages too.



Article 15

The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

The affirmative action and "positive discrimination" are part of the political agreements and thus they are subject to great fluctuations. There is no elaborated program and defined direction for the purpose of attaining factual equality among person belonging to various ethnic communities.

Persons belonging to national minorities are participating in local government, in the Parliament, in the central government and in all ministries. There are many nongovernmental organisations based on ethnic belonging. The basic problem is the absence of nongovernmental organisations, cultural and other associations with members from different ethnic groups.



Article 16

The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

There were changes that have been made in 1995/96 when the new territorial division was established. The changes of the municipal borders were made in order to have ethnically more compact municipalities. As a result of this there are more municipalities where the mayors and members of the municipal councils are members of the ethnic minorities.

According to the Law for local self government, competences of the local self government units are very small and unimportant.



Article 17

1 The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

2 The Parties undertake not to interfere with the right of persons belonging to national minorities to participate in the activities of non-governmental organisations, both at the national and international levels.

There is complete guaranteed freedom for the minorities in this field. From the establishent of the new government there are no cases of any ban of books on the borders.



Article 18

1 The Parties shall endeavour to conclude, where necessary, bilateral and multilateral agreements with other States, in particular neighbouring States, in order to ensure the protection of persons belonging to the national minorities concerned.

2 Where relevant, the Parties shall take measures to encourage transfrontier co-operation.

There are no bilateral agreements regulating the protection of the persons belonging to the nationaln minorities in Macedonia or to Macedonian minority in other countries.



Article 19

The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in international legal instruments, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, in so far as they are relevant to the rights and freedoms flowing from the said principles.

The Republic of Macedonia declared that:

1. the term "national minorities" used in the Framework Convention for the protection of National Minorities is considered to be identical to the term "nationalities" which is used in the Constitution and the laws of the Republic of Macedonia.

2. The provisions of the Framework Convention for the protection of National Minorities will be applied to the Albanian, Turkish, Vlach, Roma and Serbian national minorities living on the teritory of the Republic of Macedonia.



Article 20

In the exercise of the rights and freedoms flowing from the principles enshrined in the present framework Convention, any person belonging to a national minority shall respect the national legislation and the rights of others, in particular those of persons belonging to the majority or to other national minorities.

The persons belonging to the Roma minority are exposed to presures by the persons belonging to the Albanian and Turkish minority.



Article 21

Nothing in the present framework Convention shall be interpreted as implying any right to engage in any activity or perform any act contrary to the fundamental principles of international law and in particular of the sovereign equality, territorial integrity and political independence of States.

In their political programs, some Albanian political parties directly or indirectly imply such political solutions that are contrary to the fundamental principles of inteernational law and in particular contrary to the sovereign equality, territorial integrity and political independence of States.



Article 22

Nothing in the present framework Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any Contracting Party or under any other agreement to which it is a Party.

No relevant informations.



Article 23

The rights and freedoms flowing from the principles enshrined in the present framework Convention, in so far as they are the subject of a corresponding provision in the Convention for the Protection of Human Rights and Fundamental Freedoms or in the Protocols thereto, shall be understood so as to conform to the latter provisions.

No relevant informations.



Article 30

1 Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories for whose international relations it is responsible to which this framework Convention shall apply.

2 Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this framework Convention to any other territory specified in the declaration. In respect of such territory the framework Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

There are no such specification of territory or territories.




(1) Vo godinite [to sledat po raspa\aweto na SFRJ mo`eme da gi voo~ime rezultatite na site anomalii vo tretmanot na ovaa materija.

(2) The term "Social product" does not include some of the parameters of the gains of the individual sector in the last five years. Yet these figures speak of the differentiation that was characteristic for the previous political period.

(3) The term 'nationality' is used in the Macedonian Constitution of 1991 with the meaning of 'national minority', but not meaning citizenship; it was introduced in the Macedonian Constitution of 1974.

(4) That is to say — hate speech.

(5) The percentage of children in primary schools taught in Macedonian, or in the languages of the minorities is reflects the proportional ethnic representation in the total population.

(6) The percentages presented here are not in accord with the ethnical proportional shares in the total population.

(7) Muslims of slavic origin.