Human Rights Committee

Ninety-second Session

2523^rd & 2524^th Meetings* (AM & PM)

HUMAN RIGHTS COMMITTEE RAISES CONCERNS ABOUT GAPS IN ANTI-CORRUPTION PROGRAMMES,

VIOLENCE, DISCRIMINATION IN FORMER YUGOSLAV REPUBLIC OF MACEDONIA

 

While noting positive steps taken by the Government of The former Yugoslav Republic of Macedonia to improve human rights protections, including refining the roles of the Ombudsman and relevant ministries, and tightening penalties in domestic violence and trafficking cases, experts in the Human Rights Committee raised concerns today about gaps in implementing programmes to curb corruption, societal violence and discrimination against women and ethnic minorities.

During the Committee’s day-long review of that country’s second periodic report on compliance with the International Covenant on Civil and Political Rights, Iulia Antoanella Motoc, expert from Romania, said that, while the Macedonian delegation had provided frank responses to experts’ queries, she was still concerned about whether new anti-corruption institutions and laws had led to anything concrete, and how many people had actually been investigated and sentenced in the fight against corruption.  Given that corruption could be major or minor, how was the “vicious cycle” of minor, daily corruption being addressed?

Expressing satisfaction with the answers the delegation had provided on domestic violence, she nevertheless highlighted the distinctions made between Macedonian and Roma women, asking if those differences fostered discrimination.  On the issue of rape, did the Penal Code still require the victim to prove that penetration had occurred?

Ruth Wedgwood, expert from the United States, expressed support for the way in which The former Yugoslav Republic of Macedonia had met the challenge of ethnic discord, and asked whether the country’s amnesty law excluded crimes rising to the level of crimes against humanity.  Were the four cases returned to national jurisdiction from the International Criminal Tribunal for the Former Yugoslavia subject to the amnesty law?  Under what conditions could amnesty be granted and how was such a granting generally received by the public and civil society?

She stressed that the decisions and precedents decided in The former Yugoslav Republic of Macedonia were enormously important to other courts investigating those types of crimes around the world.  Did the Government intend to allow nearly 500 refugees from Kosovo to remain in the country, despite the rejection of their demands for refugee status?

Mihajalo Manevski, Minister for Justice, who headed the country delegation and introduced its report, stressed the Government’s “zero tolerance” policy towards corruption and its determination to step up the fight against organized crime.  The necessary legislative amendments had been made, the State Programme on the Prevention of Corruption had been created and its accompanying action plan had been implemented.

He said hotlines had been established to enable citizens to report corruption, and prosecutions had targeted high-level officials, including deputy ministers, judges, attorneys and police officers.  In 2007, final court verdicts had been handed down against 121 individuals for high-level corruption.  Intensive measures to detect and stamp out organized crime were being harmonized with international norms.  They included amendments made earlier this year with the aim of strengthening the Criminal Code to prevent human trafficking and the smuggling of migrants, with special protections for children in such cases.  The amendments also expanded the definition of criminal activity in that area to include the broadcast of child pornography over the Internet.

Regarding the status of women, another delegation member acknowledged the dearth of women in Government, but noted that the Government had approved a national plan of action to foster equality between men and women.  As for the image of women in society, efforts were being made to eliminate certain stereotypes that had been established over decades and centuries.  Among other measures, local officials were being educated on gender issues and, because the media also played a vital part in reinforcing or changing stereotypes, editors and journalists were being invited to workshops of the regional “Women Can Do It” campaign.

On police treatment of the Roma and other minorities, a delegation member said that, overall, the police followed the rule of law and were not selective in carrying out their duties.  Whenever the Interior Ministry found that police officers had strayed from their mandated duties, those officers were sanctioned.  All ethnic groups were treated fairly and, because the Government was aware that certain populations had historically been marginalized, law-enforcement officials were charged with paying specific attention to their needs.

Michael O’Flaherty, expert from Ireland, said he was “very troubled” by the delegation’s response to questions about the case of Khaled al-Masri, whose alleged rendition, allegedly involving flights between Skopje and Afghanistan, and secret detention in The former Yugoslav Republic of Macedonia had been heavily reported in the media.  The consistent denial of Government participation in that case left the Committee in a rather complicated position, particularly given the statements by Mr. al-Masri himself, as well as doubts expressed in a number of official and media reports.

That situation raised a number of questions under the Covenant, he said, asking whether the Interior Ministry investigation had been too narrow.  Had the investigation taken into account other evidentiary sources, particularly Mr. al-Masri’s own story?  Was a new investigation possible and what actions, if any, had been taken to prevent that kind of situation from recurring?

A delegation member said details of the case had been provided in the Government’s written replies, but for the purposes of today’s meeting, it must be stressed that the Government had not performed any activities aimed at the ill-treatment, detention or transfer of Mr. al-Masri.  The European Parliament Ad Hoc Committee dealing with the case had visited the country and spoken with the relevant ministers.  The subsequent internal investigation had revealed the dates of Mr. al-Masri’s entry into and departure from the country.  The Interior Ministry had not been involved in any actions that would be in breach of national laws.

With respect to the development and application of the amnesty law, a delegation member noted that it had been written at a certain point in history, according to the sentiment and understanding of that time.  Amnesty did not apply to the people involved in the cases returned by the Tribunal.  Meanwhile, Government officials, in cooperation with European partners, had held several educational sessions to gain more insight into those cases, and subsequently, several excellent solutions had been developed to address some of the specific challenges of prosecuting them.

The Human Rights Committee will hold its next open meeting at 3 p.m. on Friday, 28 March.

Background

The Human Rights Committee met this morning to begin its consideration of the second periodic report of The former Yugoslav Republic of Macedonia on compliance with the International Covenant on Civil and Political Rights.

That report (document CCPR/C/MKD/2/12) highlights efforts by the Government of The former Yugoslav Republic of Macedonia to implement the Covenant’s 27 articles, and includes an annex containing a list of current national legislations referred to in the document, as well as a list of international human rights treaties ratified between 2000 and 2005.

On the promotion and protection of fundamental rights, the report notes improvements in the relevant legal framework towards the enjoyment of human rights between 2000 and 2005 and identifies certain weaknesses in the exercise of individual rights before the courts (article 2), sparked by slow judicial processes, lengthy court cases and public lack of trust and confidence in the judiciary.  Several factors led to those shortcomings, including overburdened courts, insufficient transparency in the work of the courts, and poor training of judges.

An analysis of all these issues reveals a need for substantial and far-reaching reforms aimed at establishing legal and institutional preconditions for an efficient judiciary, which is one of the important prerequisites for the enjoyment and protection of human rights.  To this end, the report spotlights a number of relevant structural and procedural reforms undertaken by the Government between 2004 and the end of the reporting period.

The reforms include the 2004 system-wide judiciary reform strategy aimed at delivering a functioning judicial system, based on European legal standards, capable of ensuring the protection and promotion of fundamental rights.  Included in that strategy were legislative amendments to the Constitution aimed at, among other things, strengthening judicial independence by introducing new procedures for the appointment and dismissal of judges that rely exclusively on objective and merit-based criteria.  The new Civil Procedure Code, adopted in 2005, will ensure accelerated court proceedings and give full effect to the right to trial within a reasonable period of time.

According to the report, amendments to the Criminal Code made in 2004 substantially improved legal protections of the right to life (article 6), including through the introduction of a number of new offences such as crimes against humanity, approving or justifying genocide and war crimes.  It also tightened punishments handed out for “offences against life and body” in cases where such acts were committed in the context of domestic violence and grave bodily injury.  The new Code also lists as an incriminating offence the act of a person “who, with the intention of systematic destruction of the civil population”, orders, among others, murder, physical extermination, forced pregnancy, or “forced sterilization or any type of sexual violence”.  In a related move, the Government adapted the Code of Police Ethics to ensure, among other things, the observance of the rights and freedoms enshrined in the European Convention on Human Rights.

The report goes on to stress that harmonizing national legislation has particularly emphasized the strengthening of the existing framework for the prevention and sanctioning of torture and degrading treatment or punishment (article 7).  To this end, the 2004 amendments to the Criminal Code, which governs the treatment of apprehended persons, detainees and prisoners, stipulates that officers keep special records containing information on, among other things, the day and hour a person was deprived of their liberty; the time when families, attorneys, doctors, embassies, etc., were contacted; and visible signs of illness or injury.  The report lists and briefly describes cases of alleged torture by the police and security guards in penitentiaries, during the reporting period, and details the work of the Ombudsman handling cases in this area.

Report of The former Yugoslav Republic of Macedonia

MIHAJALO MANEVSKI, Minister for Justice, introduced the second periodic report of The former Yugoslav Republic of Macedonia, saying his country based the development of democracy on the principles of respect for human rights and fundamental freedoms.  It also aimed to build a functional multicultural system.  The Government had been working intensively to build and strengthen institutions in line with international norms, which had been integrated into the country’s constitutional orders and reflected the provisions of the Covenant.

Providing an update of developments between 2000 and 2006, he said The former Yugoslav Republic of Macedonia had ratified a number of international instruments, including Protocol 14 to the European Convention on Human Rights and the Additional Protocol to the Penal Convention against Corruption.  It had also signed the Convention against Trafficking in Human Beings and the Convention on Prevention of Terrorism.  Last year, it had ratified the United Nations Convention against Corruption and was working on procedures for the ratification of the Convention against Torture.

He went on to highlight comprehensive reforms aimed at enforcing the rights guaranteed under the Covenant, including the establishment of a National Committee for the Protection of the Rights of the Child, which would work in coordination with the non-governmental organization sector; the introduction of a mandatory secondary education and a nine-year primary education plan; the drafting of a law on life-long learning; and the preparation of a law on non-discrimination.  The justice system was also undergoing fundamental reforms, and substantive improvements were under way in criminal legislation concerning trafficking in human beings and protection of individuals belonging to non-majority communities.

The Minister said amendments on strengthening and depoliticizing the judicial system had been adopted and the legislative framework had been completed with the adoption of laws on, among other things, courts, judicial budgets, and the training of judges and public prosecutors.  Implementing that legislation would be a priority in the coming period so as to ensure an efficient and independent judicial system that guaranteed impartial access to justice for all citizens.  Legislation on juvenile justice had also been codified and an action plan adopted to monitor its implementation.  Those actions had been carried out in close coordination with the United Nations Children’s Fund (UNICEF).

Among the wealth of other initiatives, he highlighted efforts to introduce information technologies to the justice system, noting that one key initiative in that regard, the operation of the IT Justice Centre, was now making electronic case management possible.  Improvements to penal institutions were also under way with the refurbishment of old prisons and the building of new ones.  New staff members were being hired, for whom the Government intended to build a training and education centre, and updated training programmes were being implemented.  Measures were being undertaken to prevent inhumane or degrading treatment of inmates, and the Ombudsman was implementing, together with the Directorate for Execution of Sanctions, a programme to educate individuals serving prison sentences about their rights.

The fight against organized crime and corruption was a top priority, he continued, stressing the Government’s “zero tolerance” policy in that regard.  Relevant legislative amendments had been made and the State Programme on the Prevention of Corruption, along with its accompanying Action Plan, had been implemented.  Hotlines had been set up to enable citizens to report corruption, and prosecutions had targeted high-level officials, including deputy ministers, judges, attorneys and police officers.  In 2007, final court verdicts had been handed down against 121 individuals for high-level corruption.

He said intensive measures to detect and stamp out organized crime were being harmonized with international norms.  They included amendments made earlier this year with the aim of strengthening the Criminal Code to prevent human trafficking and the smuggling of migrants, with special protections for children in such cases.  The amendments also expanded the definition of criminal activity in this area to include broadcasting child pornography over the Internet.

Turning to the protection of minorities, he highlighted comprehensive legal reforms in that area that had been carried out over the past seven years, including the implementation of a Strategy for Equitable and Appropriate Representation, and the relevant Action Plan which was being further refined.  Last year, the Government had allocated three times more funding to non-majority communities, generating some 550 jobs.  Also last year, the Government had established the Institute for Cultural Heritage of Ethnic Albanians.  The country was also implementing the Strategy and Action Plan on the Roma Decade.

Wrapping up, he said that, although he had only addressed a few of the measures and improvements the Government was making, the Committee could be assured that the protection and promotion of human rights was a continuous process requiring dedicated actions on the part of all stakeholders to ensure that relevant plans and programmes were constantly upgraded and improved.  It also required consistent monitoring by competent bodies such as the Committee.

Responses to Written Questions

Headed by Minister Manevski, the delegation also included Slobodan Tashovski, Permanent Representative to the United Nations; Svetlana Geleva, Director of Multilateral Affairs, Ministry of Foreign Affairs; Tania Dinevska, First Secretary, Permanent Mission to the United Nations; Vladimir Nikuljski, Second Secretary, Permanent Mission; Elena Zdravkovska, Ministry of Foreign Affairs; Gorica Atanasova, Ministry of Justice; Elena Lazova, Ministry of Labour and Social Policy; Jovana Trencevska, Ministry of Labour and Social Policy; Isamedin Azizi, Ministry of Science and Education; Voislav Zafirovski, Ministry of Interior Affairs; Jasna Shop Trajanova, Interpreter; and Danica Manceva, Interpreter.

Taking up questions concerning the legal and constitutional application of the Covenant, a member of the delegation said the office of National Ombudsman had been established on the basis of the Paris Principles on the status of national human rights institutions.  Other entities dealing with human rights promotion and protection had been created, foremost among them an inter-ministerial human rights body to draft human rights legislation and coordinate human rights work among the relevant Government ministries.

Turning to anti-corruption matters, a delegation member said there had long been insufficient political will to wage a successful battle, yet that had changed in recent years with the Government undertaking measures to stop corrupt practices.  The central anti-corruption pillar was the Law on Prevention of Corruption, which had recently been amended and reformed to make it more effective.  Ending corruption required a complex and coordinated response and the battle could only be won through joint action by various departments and Government initiatives.  One such department, the State Programme for Prevention and Repression of Corruption, addressed all areas of the political system.  In addition, the Office of the Public Prosecutor was undertaking new anti-corruption investigations.

The public was being brought into the anti-corruption effort, he continued, noting that the property status of elected and appointed office holders was now available to the public through a Government website.  The Government was also raising awareness about corruption through last year’s “ Macedonia without Corruption” campaign.  As a result, political will to achieve zero tolerance for corruption had grown in the last three years.  Many laws inherited from the former Federal Republic of Yugoslavia had been harmonized and reformed.  Prosecution and punishment for corruption had moved forward and State capacity had increased to such a degree that public servants now received sufficient remuneration.

A delegation member said the Law of Equal Opportunities for Men and Women defined special measures to establish equal opportunities with the aim of removing obstacles and situations that could lead to unequal status.  Those measures provided incentives to remove such obstacles and generated more equal opportunities through the judiciary, the legislative system, local government and all public and political offices.  The programming measures aimed to raise awareness and implement action plans for promoting equal opportunities for both genders, while other articles in the law specifically targeted the areas of education and social life.  The 2006 Electoral Code included a special affirmative action measure to encourage women’s participation.  Both genders must be represented on election lists, with one out of three belonging to the less represented gender.  Recent parliamentary elections had seen 37 women elected, giving them about one third of the parliamentary seats.

Another delegation member took up questions relating to family and domestic violence, saying that the Law on Family had been amended in 2006 to establish the specific competencies of State institutions charged with carrying out enforcement measures.  A rule book set out the actions to be followed by the courts.  The 2006 amendments had expanded the definition of “family violence” to include those close to the family, extended family members, or those who had been in prior partnership relations with those accused of carrying out violent acts.

The delegate said those and other amendments were under consideration by Parliament and discussions were under way to expand protection measures for persons alleging violence through the Centres for Social Work, which included special units to address the situation of poor or especially vulnerable victims of domestic violence.  Shelters had been set up in six cities, and hotlines operating throughout the country received an estimated 150 calls a month.  The Centres for Social Work had processed just over 100 family violence files this year.

She went on to provide the Committee with the numbers, ethnicity and ages of victims and perpetrators, noting that, in 2006, 132 persons had been indicted and 89 convicted of criminal acts, of whom 16 had received prison sentences.  The Government was working to strengthen the advisory capacity of the Centres, especially their family counselling services.

Minister MANEVSKI added that a database had been established to monitor the work of the Centres.

On other social reforms, a delegation member said that for the first time in the country’s history a clear distinction had been made between the powers and duties of the Ministry of Interior and those of the police force.  The overall goal was to ensure the protection and enjoyment of the rights of citizens.  Police operations had therefore been totally reformed on both the operative and executive levels, with new tasks and duties now delegated to each.  That initiative had required new working methods based on community policing and the Government had implemented the requisite training programmes, including the active participation of community groups and local leaders.  They focused on community-level specificities in an effort to identify and head off problems and concerns at that level.

He said the initiative had also been tailored to European norms, which already focused on the need to ensure that police carried out their activities with respect for human rights.  On disciplinary matters, laws on international affairs were being amended to refine such measures and provide a broader spectrum of punishments that would better reflect alleged infractions.

Turning to questions relating to the Rashtanski case, in which one Indian and six Pakistani citizens had been victims of extra-judicial killings, a delegation member noted that the court in Skopje had acquitted the four persons charged in that crime and the Public Prosecutor had subsequently lodged an appeal.  The Court of Appeals had dismissed that appeal as groundless and upheld the previous judgment.  In a subsequent appeal, the Supreme Court had been critical of the previous proceeding but upheld the acquittal.  No further legal remedies were available and the Supreme Court’s verdict would serve as an instruction for future procedures.

Regarding the case of 13 Macedonians who had been before the International Criminal Tribunal for the Former Yugoslavia, a delegation member said one of those cases was pending before the Court while four others had been returned to the national jurisdiction and were now in the Office of the Public Prosecutor.  Documents from the Tribunal were now being translated and the Prosecutor would decide if the case would continue or be terminated.  A special case in the Office of the Public Prosecutor relating to the events of 2001 was under investigation to determine the guilty parties.  So far, the investigative procedure had yielded no results beyond a list of suspicious persons, and a court case file was now being established.

On legislation concerning amnesty for criminal acts perpetrated during the 2001 conflict, a delegation member said the legislature had adopted a law which had resulted in the granting of pardons for 898 people and amnesty for 164 others under the law’s article 1.  An additional 734 people had received amnesty under article 2.

Taking up questions on trafficking in human beings, a delegate said that issue was a priority for many Government departments and institutions.  A national committee had been established and the anti-trafficking strategy tackled a number of issues in the legislative, organizational and capacity-building realms.  The Criminal Code had been amended recently to introduce the crime of trafficking in minors and address the situation of victims.  The Ministry of the Interior had created a special department within which a special section addressed trafficking.  That meant that action did not depend on a problem arising before it was tackled; preventive measures could be taken.  Several cases of trafficking had been processed and the outcomes had included imprisonment for a majority of the perpetrators.

As for public awareness of trafficking, a delegation member said that, since 2005, the Ministry of Social Policy had established a coordination office to strengthen the capacities of all governmental bodies involved in the fight against trafficking.  Since then, 35 training activities had been implemented and more than 1,000 officers had been trained.  Workshops had also been held to educate vulnerable populations about the dangers of trafficking.  Standard operating procedures for aiding victims had also been developed.  A national database related to trafficking and related crimes had also been created.  Training systems for that database were currently being installed and victims were housed in two centres.

Mr. MANEVSKI added that the level of sanctions for trafficking had been increased and measures against child traffickers tightened.  The Prime Minister himself was involved in efforts to combat trafficking and the Government had convened several round tables in the past year to maintain focus and increase awareness.

Addressing experts’ concerns about the role of the Ombudsman, a member of the delegation noted that, until 2005, the relationship between the Ombudsman and the Interior Minister could have been described as “somewhat antagonistic”, but it had since been repaired and enhanced.  Both officials were now working together to ensure the protection and enjoyment of fundamental rights.

Mr. MANEVSKI added that, just this week, the Ombudsman had issued his annual report containing 950 recommendations to the competent bodies, some 850 of which had been taken on board.  The Government would now task those bodies with appropriate treatment of those recommendations, and measures would be taken against those offices and ministries that failed to implement them.

A delegation member then took up the Council of Europe’s investigation into the case of Khaled al-Masri, whose alleged rendition, involving alleged flights between Skopje and Afghanistan, and secret detention in The former Yugoslav Republic of Macedonia had been heavily reported in the media.  She said details of the case had been provided in the Government’s written replies, but for the purposes of today’s meeting, it must be stressed that the Government had not performed any activities aimed at the ill-treatment, detention or transfer of Mr. al-Masri.

She said the European Parliament Ad Hoc Committee dealing with the case had visited the country and spoken with the relevant ministers.  The subsequent internal investigation had revealed the dates of Mr. al-Masri’s entry into and departure from the country, and that the Interior Ministry had not been involved in any actions that would be in breach of national laws.

Mr. MANEVSKI then addressed the question of prisons, prisoners and detainees, noting that penal institutions were overcrowded and that all relevant ministries were aware of the need to improve the situation.  A detailed analysis of the overall situation had been compiled and the Government had embarked on a broad effort to address institutional deficiencies.  Some 13 million euros had been allocated to that effort as well as refurbishment and training of prison employees.

He went on to say that new prisons had been built and efforts to improve re-socialization, training and vocational education for staff and prisoners were ready to begin.  There were nearly 300 drug addicts requiring special attention and the Government was making efforts to address their needs as well as those of other detainees, in line with international norms.

Experts’ Questions and Comments

IULIA ANTOANELLA MOTOC, expert from Romania, asked whether the National Ombudsman’s office deals with all the Paris Principles or only some of them.  To what extent did new institutions and laws against corruption lead to something concrete, and how many people had truly been investigated and sentenced in the fight against corruption?  How was the vicious cycle of minor, every-day corruption addressed?

Turning to the topic of gender equality, she then asked how many women were in private enterprise.  What was the general status of women in society?  Were they generally seen as victims, particularly in pornographic contexts and, if so, how was that being addressed?

Highlighting the distinctions made between Macedonian and Roma women, she asked whether those differences fostered discrimination.  Regarding rape, did the Penal Code still require the victim to prove that penetration had occurred?  Were sanctions imposed against police who dealt violently with Roma people?

RUTH WEDGWOOD, expert from the United States, asked whether the amnesty law excluded crimes that rose to an international level, such as crimes against humanity.  Were the four cases that had been returned from The Hague subject to the amnesty law?  What conditions warranted amnesty and how was amnesty generally received by the public and civil society?  Had amnesty been granted in the case of the Interior Minister?  How compatible was the amnesty law with the country’s support for human rights and democratic policies as it worked towards European Union membership?

She then asked whether there was a firm intention to allow nearly 500 refugees from Kosovo to remain in the country, despite the rejection of their demands for refugee status.  How were incidents of alleged police violence brought to the attention of the relevant authorities?

MICHAEL O’FLAHERTY, expert from Ireland, asked about the extent to which victims had been consulted on the design of the amnesty law.  Regarding trafficking, particularly of children, was there a disconnect between the laws of the State and front-line officials like the police?  Did security and police officers have a sufficient sense of what State laws entailed?  In terms of assistance for victims, was the money involved sufficient, and were such programmes applied consistently?  How were human trafficking issues implemented during initial police training and in continuing education?

Turning to the Khaled al-Masri case, he noted that the country’s consistent denial of participation in it left the Committee in a rather complicated position, particularly given the statements of Mr. al-Masri himself, as well as doubts expressed in a number of official and media reports.  Had the Interior Ministry investigation been too narrow or had it failed to take into account other State security forces that might be relevant?  Had the investigation taken into account other evidentiary sources, particularly Mr. al-Masri’s own story?  Would a new investigation be possible, and what actions, if any, had been taken to prevent that kind of situation from recurring?

JOSÉ LUIS SANCHEZ-CERRO, expert from Peru, sought clarification regarding the amnesty law, specifically whether high Government and security officials had been prosecuted for serious human rights abuses during the 2001 conflict.  Was there any procedure designed for officials who had committed crimes during that conflict?

He also asked about police brutality against and detention of Roma people, saying he was troubled by reports of discrimination against minorities in schools and on the job, as well as denial of access to health services for some minorities, including ethnic Albanians.

ABDELFATTAH AMOR, expert from Tunisia, asked about the prosecution of rape cases, saying he was concerned that the requirement for such punishment did not seem to be consonant with provisions of the Covenant.  Since national laws required both proof of penetration and proof of resistance on the part of the victim, one might ask just how women were seen in the country.

Expressing deep shock over the way in which rape cases were handled, he asked whether studies had been carried out on what might be seen as a misogynistic attitude towards women.  Had the Government considered enhancing the education system to address the standing of women?

Delegation’s Response

Taking up the first question about the Paris Principles, a delegation member said the only part not applied by the office of the National Ombudsman dealt with funding.

Another delegate, addressing the efficacy of the newly adopted anti-corruption laws, said the Government asked itself on a daily basis how the struggle could be waged most effectively.  A high-profile corruption case against some 70 individuals charged with embezzling 5 million euros from the road budget would soon begin.  Meanwhile, smaller cases against customs officials had also been prosecuted to lesser fanfare.  Nevertheless, corruption was corruption, whatever its scale.  It created a poor image in the eyes of the citizens and an impression that the State was corrupt.

Regarding the status of women, another member of the delegation agreed that there were not enough women in Government.  However, the Government had introduced a national plan of action to foster equality between men and women.  It targeted the decision-making process in terms of who ran for office and who was appointed.  While capacities were being built step by step, Government efforts to promote equality would continue.

Turning to questions about women in society, she said the percentage of women in private enterprise was growing and many women held management positions.  As far as the image of women in society was concerned, certain stereotypes had been established over decades and centuries, but efforts were being made to change them.  Local officials were being educated on gender issues and, because the media also played a vital part in reinforcing or changing stereotypes, editors and journalists were being invited to workshops of the regional “Women Can Do It” campaign.  Similar projects had been launched in the education sphere and included a review of local-language textbooks.

On police behaviour, another delegate said they were responsible for apprehending criminals and protecting citizens, two roles that required the application of police duties to be highly regulated by law.  The legality of police actions did not change according to the population the police were in contact with.  Once it was determined that police had abused their powers, they were sanctioned by the Interior Ministry.  Possible punishments included demotion and suspension from duty.

Regarding the status of ethnic Albanians from Kosovo, a member of the delegation said some of them had not been given refugee status, but owing to amendments to the asylum law, applicants for asylum could now appeal if their requests were rejected.  All those who could not safely return to Kosovo were still in the country.

Taking up the al-Masri case, she said the investigation, far from being limited to the police, had been quite comprehensive.  While there had been other reports on the incident, the Interior Ministry investigation had produced no additional information.

On the treatment of the Roma population, she said the country had instigated a “Roma Decade” that included a number of action plans to address the specific needs and issues of that minority population.  Yet, because of the large number of challenges that such initiatives were attempting to address, their total impact remained to be seen.  A number of civil society groups were working with and on behalf of the Roma population to address the “vicious circle” of their social status.

Turning to the investigation of rape allegations, she said the relevant law was under consideration as part of a reform of the Criminal Code.

Mr. MANEVSKI expanded on her comments by emphasizing that the new law and reformed Criminal Code would be adopted soon, adding that, as a former public prosecutor, he had seen how the law had been implemented in the criminal system and was aware of its limitations.  Best practices would be incorporated into the Criminal Code reforms.

Addressing the law on police, a delegation member said that, normally when someone felt the police had violated their code of conduct or the law, they could appeal to the police station.  While that had not always been the case, new operational standards had been introduced and, slowly but surely, public confidence was being restored.  The Sector for Internal Control was also committed to making a finding within 30 days of a complaint, and to informing the complainant about the outcome of each investigation.

He then took up the question of indemnification of people involved in the trafficking of human beings, saying that the entire Macedonian society had only recently identified that issue as a problem.  Hopefully, recent cases would encourage the police to approach such questions more responsibly, as human rights were being addressed at all levels of police training.

With respect to the development and application of the amnesty law, a delegation member noted that it had been written at a certain point in history, according to the sentiment and understanding of that time.  Amnesty did not apply to the people involved in the cases returned by the Tribunal.  Meanwhile, Macedonian officials, in cooperation with European partners, had held several educational sessions to gain more insight into those cases, and subsequently, several excellent solutions had been developed to address some of the specific challenges of prosecuting them.  Among those solutions was a technological arrangement that would allow the questioning of people not wishing to reveal their identity.  The amnesty law had limited scope and did not comprise the cases mentioned by Ms. Wedgwood.  The Office of the Public Prosecutor was translating the documents forwarded from the Tribunal in order to move forward on those cases.

On police treatment of the Roma, a delegation member said that, overall, the police followed the rule of law and were not selective in carrying out their duties.  Whenever the Interior Ministry found that police officers had strayed from their mandated duties, those officers were sanctioned.  All ethnic groups were treated fairly and, because the Government was aware that certain populations had historically been marginalized, law-enforcement officials were charged with paying specific attention to their needs.  “Believe me, we are making no distinctions,” he asserted.

Experts’ Questions and Comments

Mr. O’FLAHERTY, expert from Ireland, asked the delegation to consider establishing an independent monitoring body for the police force, not because The former Yugoslav Republic of Macedonia was any worse than anyone else, but because country after country had found such a body very helpful.

He said he was still troubled by the response to questions about the al-Masri case.  The delegation had decided to stick with the response it had provided in the list of written responses, which was the State’s right.  Still, the issue could not be ignored as it touched on so many of the Covenant’s provisions.  The delegation was urged to reconsider the matter and give some answer to his questions, “so that the Committee can have what the Covenant asks us to have -- an open dialogue on [States parties’] efforts to promote civil and political rights”.

Mr. AMOR, expert from Tunisia, said the delegation had not had time to answer questions regarding article 11 (prohibiting the deprivation of liberty on the ground of inability to fulfil a contractual obligation) and asked whether it could provide an adequate written response.

Mr. SANCHEZ-CERRO, expert from Peru, sought clarification regarding the amnesty policy.

Delegation’s Responses

Mr. MANEVSKI said the delegation would provide further written explanations regarding the al-Masri case and article 11.

Another delegate said the Government was implementing, in cooperation with Italy and the European Commission, a training project targeting organized crime and corruption with the hope of turning The former Yugoslav Republic of Macedonia into a regional information centre that would help monitor, compile information and coordinate efforts to address trafficking and graft.

On the establishment of a monitoring body, a delegation member said an expert panel was currently surveying police work with a view to developing a new model for law-enforcement operations and a permanent monitoring body.  The project was being fostered by the Interior Minister and the Ombudsman and required more work.

Responses to Written Questions

On the situation of internally displaced persons, a member of the delegation said the total number stood at about 778, or 257 families.  The Government continued to implement measures to care for and assist them in their efforts to participate in the wider society.  In 2006, all internally displaced persons housed at collective centres had been offered the opportunity to move into private residences and more than 60 families had accepted the offer thus far.  The Government had also considered the notion of rebuilding homes demolished in the 2001 crisis, but that offer had not been accepted by the majority of remaining displaced persons.

Taking up questions on the right to a fair trial, a member of the delegation noted that anti-corruption initiatives were being extended to the judiciary, a step that had resulted in its de-politicization.  Technological advances were also allowing for greater transparency in that area.  In addition, the Justice Ministry had created a unit devoted to anti-corruption efforts.

She said reforms in the judiciary had led to a reduction in the backlog of cases.  Other mechanisms outside the judicial standard had allowed speedier resolution of many cases, which had also helped to reduce the backlog.  Judicial efficiency was rising at all levels of the court system.  The Government had also launched an extended training programme to increase the number of translators.

Turning to freedom of religion, a member of the delegation said the country had adopted a Law on the Legal Status of a Church, Religious Community and Religious Group in 2007.  As a result of that law, churches and religious groups were now listed in a single registry which had now been made public.  The law would enter into force in May and hopefully that would allay the problems that had arisen in the past.

Expanding on that response, another delegation member stressed that the new law applied to all religious groups, met the highest human rights standards and guaranteed the right to freedom of religion for all creeds.

Taking up freedom of opinion and expression, another delegate said that a number of amendments had been made to the Criminal Code, as a result of which, there were no longer any ex officio prosecutions and a certain category of officials, who had been excluded under the previous law, were no longer excluded.

In response to a question about slander and journalists, a delegation member said national laws had been harmonized with the jurisprudence of the European Court.  As a result, the prescribed punishments for slander, which had been part of the Criminal Code, had been abolished.

As for incitement to racial hatred, she said the issue that seemed to be raised most often was the small number of prosecutions for such offences.  It was simply that few such cases occurred, thus, a very limited number of them had been prosecuted on the basis of the articles mentioned in the question.

Turning to the right to vote, the Justice Minister said problems of free and fair elections had largely been overcome.

Another delegate said the court had acted on 19 cases of reported irregularities.  Punishments had been pronounced in 14 cases, with two cases still being processed and the rest having been dismissed.

On the right to equality before the law, a delegation member explained that a strategy on equitable representation had been adopted and enormous progress had been made in increasing the number of non-majority communities included in Government administration.  Every ministry had created an action plan to implement the principle of equitable representation.  About 30 per cent of army personnel now comprised minorities.  For the police force, that number had reached 17 per cent.

On equal treatment before the law, a member of the delegation said some statistics on the Roma people were hard to pin down because many of them lived a nomadic lifestyle and many more were unaware of the documentation processes.  The Government had linked up with three Roma organizations last year to hold community-level gatherings open to all Roma so they could learn about and subsequently exercise all their fundamental rights.  Sadly, the turnout at the first event had been meagre and only 12 Roma individuals had come forward.  However, the Government was undeterred and planned to continue such efforts.  Hopefully, when the delegation returned, statistics on Roma citizenship and voting rights would no longer be a “grey area”.

Turning next to the education of ethnic minorities and communities, a delegation member said native-language teaching had been organized for the Turkish and Serbian communities at the primary and secondary school levels.  As for the Roma and other minority groups, options for studying their languages and cultures had been introduced simultaneously with the introduction last year of the Nine-Year Education Plan.  Pupils who chose to attend those classes could study them continuously from the third to the ninth grade, taking two classes a week.  There had also been efforts to identify and train instructors who would teach classes in those languages.  That programme was included in the Roma Decade (2005-2015), so the relevant ministries had undertaken a host of activities, including the establishment of a task force within the Ministry of Education and Science to monitor implementation of the Roma Action Plan, and a broad effort to include more Roma parents in parent/teacher associations.

On dissemination and elaboration of the report and raising awareness of the Covenant’s tenets, a member of the delegation said its articles had been reprinted in several publications and distributed to Government and judicial institutions, as well as civil society groups who requested it.  While the Government did not yet have much experience of involving civil society in drafting reports, last December on Human Rights Day, it had called on representatives of international agencies to help with outreach and had subsequently held a dialogue with civil society on the implementation of human rights instruments.  That event had been a success and the Government wished to continue such dialogue and cooperation with the civil society sector.

Experts’ Questions and Comments

Ms. WEDGWOOD, expert from the United States, asked why housing for internally displaced persons was not simply restored, which would allow people to get back to where they wished to be.  The money could be sorted out later.

Turning to the answers provided on the plight of the Roma people, she noted that the delegation’s written answers indicated that a certain number of “black Roma” had not regulated their citizenship status.  In light of that answer, where did the burden of proof for determining nationality rest?  If those Roma had been living peacefully and happily for years and considered themselves Macedonian, was there any great harm in taking their word for it?  Was the State quota of 2.6 Roma students the minimum and, if so, why was it so small?

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, requested more information on the discord over the introduction of additional Albanian-language classes and on ethnically mixed schools.  Was it true that the introduction had elicited protests, and what steps were being taken to resolve the problem?  What efforts were being made to address the dearth of teachers speaking minority languages?  What steps were being taken to prevent Roma girls from dropping out of school, to ensure the equitable distribution of seats among minority student populations in higher education, and to disseminate information on the Covenant in minority languages?  What did “progressive” Law on Religious Communities and Religious Groups mean in practice?

Mr. O’FLAHERTY, expert from Ireland, requested more information on actions taken against members of the judiciary caught in anti-corruption efforts.  Was the progress made in providing language education to minority communities sufficient, and could those communities be taught all subjects in their mother tongues?  The decision not to segregate schools and classes was commendable, but what concrete steps were being taken to keep schools and classes desegregated?  Would The former Yugoslav Republic of Macedonia ever consider a comprehensive anti-discrimination law outlining the full panoply of rights?

Regarding the dissemination of information, he asked whether the country had ever considered translating the treaties and the Covenant into at least the dominant minority tongues, and if information that was already available was being distributed to libraries.

Ms. MOTOC, expert from Romania, said that, even though the Government had set up structures that promoted the rights of citizens to go before the courts about serious human rights matters, people appeared reluctant to do so.  Moreover, in some cases judicial officials appeared to be unfamiliar with international human rights norms.  What could be done about that?  Had the Government considered education programmes?  Could the delegation provide further information about the latest round of judicial elections?

Delegation’s Responses

On internally displaced persons, a member of the delegation said the Government’s offer to provide new housing for those displaced during the 2001 crisis was unconditional.  The Government had undertaken a study of the destruction and made an offer that subsequently had not been accepted by all displaced persons.  However, acceptance or non-acceptance did not mean automatic removal of displaced persons or families from Government protection schemes, including the payment of monthly stipends.

Regarding the “grey area” of Roma people not yet registered as citizens, he said the Government was not making an issue of the matter because it was aware that they were citizens and that if registration was enforced they could not enter or leave the country.  The problem was how to get them to register.  That was why the Government was trying desperately to enlist the help of Roma organizations and groups.

Another delegate said that, while there were television stations that broadcast in various languages, there were no Roma newspapers in circulation because the Roma still had unresolved issues regarding the standardization of their alphabet.  Improving the quality of tutors and teachers from minority communities was proving to be a serious challenge for the Ministry of Education.  The hope was that, with concerted efforts, the education system would have enough qualified teachers of all cultures in place over the next four or five years.

Agreeing that two classes a week was perhaps inadequate for students who chose to study other languages and cultures, he reiterated that the Government was having difficulty locating qualified instructors.  There were several cultural-awareness programmes under way in schools throughout the country to help address some of those challenges.

Addressing Roma drop-out rates, a delegation member stressed that primary education played a critical part in that dilemma as it created the platform on which all future schooling took place.  Thus, a programme had been created to target that part of the school population among minority groups.  In addition, a research programme had identified the reasons why students dropped out and a number of extra-curricular activities aimed particularly at Roma students had been created.  Sanctions had also been imposed against parents.

On the question of election irregularities, she emphasized that comprehensive election reform had been undertaken following the last reports of widespread irregularities in 2002.  That reform had led directly to a freer and fairer last round of elections.  And as far as racial discrimination was concerned, no changes had been made under article 37 of the Criminal Code.  While it was true that people did not know how to use that article and more should be done to increase human rights education, the country had made a lot of progress since its last report as human rights were no longer the purview of a select group, but of an ever larger part of Macedonian society.

She explained that, as far as the translation and greater dissemination of human rights information generally, and the Covenant specifically was concerned, it was a matter of human resources rather than an absence of good intentions.

Taking up Mr. Bhagwati’s questions, a delegation member said the recent law on religions applied to a host of religious groups, that all of which were separate from the State.  In addition, safeguards for religious sects were enshrined in the Constitution.  As for the denaturalization process, a great deal of confiscated property had been restored and the Government had decided that that process must be finalized forthwith.  If property could be physically restored, that was being done and, if not, financial compensation was being made.  On judicial anti-corruption cases, at least one case would open next week.

Ms. WEDGWOOD, expert from the United States, said that, in terms of regularizing citizenship status, the State’s responsibilities could not be delegated to non-governmental organizations.  “If you wait for people to come to City Hall, you might wait a long time.  Instead, go to them.”

Closing Remarks

RAFAEL RIVAS POSADA, Committee Chairman and expert from Colombia, summarized the day’s dialogue, saying The former Yugoslav Republic of Macedonia had made progress on many fronts and its reforms had led to greater institutional stability.  Obviously many adjustments had been made to align the State’s laws with European norms, but clearly it was important not only to make reforms, but also to measure their impact on daily life.  The Government deserved praise for having established the office of National Ombudsman but future progress would certainly require a higher degree of education.

Nevertheless, concerns had rightly been expressed regarding how allegations of rape could be proved, he said.  With regard to amnesty, there were many cases in which the relevant mechanisms did not guarantee basic compensation to victims.  The Committee was concerned that the present human rights dialogue should continue to address crimes involving disappearances, particularly in the case of Mr. al-Masri.  The Committee was unconvinced that all necessary efforts to follow up on that case had been made.

He noted that the Committee’s other concerns centred on the lack of information about investigations into irregularities reported during the local elections of 2005.  Explanations on those cases had not been heard and the Committee would await more information on the consequences of those criminal acts.

Finally, he pointed to the difficulties inherent in meeting the two-fold duty of ensuring national unity and respecting the cultural differences of minorities in every respect, including in areas of social welfare, education and health.  The Committee would remain interested in the efforts of The former Yugoslav Republic of Macedonia in all of these realms.

Mr. MANEVSKI said in his closing remarks that today’s dialogue had given his country an incentive to build on its accomplishments and pursue further efforts to improve the lives of its citizens by harmonizing national laws with European and international human rights norms.  With the Committee’s support, more significant steps could be taken.

He stressed that, while the Government was striving to promote the tenets of the Covenant, it was also trying to change the mindset of officials, institutions and ordinary citizens.  It was undertaking that task not merely to further its integration into the European Union, but also because it sincerely believed that its citizens had a right to live in a State governed by the rule of law, where civil and political rights were enjoyed equally by all.

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*     The 2522^nd Meeting was closed.

For information media • not an official record