WHICH GENDER IS THE OHRID FRAMEWORK AGREEMENT!?

Analisys

Publisher:

Association for Democratic Initiatives (ADI)

For the publisher: Albert Musliu
Editor: Lulzim Haziri
Authors: Sasho Klekovski
Mjellma Mehmeti
Zhaneta Poposka
Shpend Imeri
Shkendije Baftija
Translater: Nehim Tahiri
Design: Tabi Aziri
Circulation: 400 kopje

This publication has been produced with the assistance of the

European Union. The contents of this publication are the sole
responsibility of Assiciation for Democratic Initiatives (ADI) and
can in no way be taken to reflect the views of the European Union.

WHICH GENDER IS THE OHRID

FRAMEWORK AGREEMENT!?
Analisys

Association for Democratic Initiatives (ADI)

2013

CIP -
". ",
321.7:305(497.7)"2012"(047.31)
WHICH gender is Ohrid framework agreement?! : analisys / [authors
Sasho Klekovski ... [ .] ; translater Nehim Tahiri]. - Gostivar
: Association for democratic initiatives (ADI), 2013. - 96 . :
; 30
. - : . [87-94]
ISBN 978-9989-133-48-0
1. Klekovski, Sasho []
) , 2001 - - 2012
COBISS.MK-ID 93991434

1. Executive summary
In the implementation of the project funded by the European
Instrument for Democracy and Human Rights (EIDHR), the Association for
Democratic Initiatives (ADI) conducted a gender dimension research of the
Ohrid Framework Agreement, in the second half of 2012.
This research entails the gender-based areas of the OFA, such as:
equitable representation at national level, equitable representation at local
level, nondiscrimination and education.
The research was done by three independent experts and a research
coordinator from ADI. The team consisted of: Lulzim Haziri, Sasho
Klekovski, Zhaneta Poposka and Mjelma Mehmeti. The research was done
by using a combined methodology: literature/documentation review, a case
study and public debates.
This analysis indicates that the measures implementing the Ohrid
Framework Agreement provisions are not aligned with the measures
implemented by the state to achieve equality between men and women.
Thus, most data and indicators regarding the analyzed areas have
anomalies. In other words, there are no statistical gender-based data on all
communities, which should be provided for by all the stakeholders in the
country. This leads to relatively general conclusions, or conclusions made
indirectly.
At national level, the situation of smaller community representation
in central institutions is generally improving. While the equitable
representation is improving, involvement of women belonging to the ethnic
communities is much smaller in relation to the involvement of men of ethnic
communities. Politically, the presence of women politicians at national level
is due to the affirmative legal provisions (the quotas), and not as result of
OFA.
Unfortunately, this trend does not occur locally. The presence of
women in local governments and as mayors is increasingly declining every
election process. In the local administration and the boards of PUCs, the
presence of females belonging to the smaller ethnic communities is small,
too, in comparison to the male community members. This again indicates a
biased implementation of the OFA; hence it should be observed how this
affects the gender balance in a particular institution, board, etc. Protection
against multiple discrimination on grounds of ethnicity and gender/sex is
backed by a relatively solid legislation, but it is not as a result of the OFA.
Lack of court practice and the quasi-court practice is a significant barrier to
explaining the application of this legal institute envisaged by the antidiscrimination legislation.
5

In the area of education, the legal framework and strategic

documents to promote the right to education in languages of the
communities is a completed and solid process, too. In addition, there is
gender balance regarding the students of ethnic communities who attend
classes in primary education, which fits in the general situation of the
country. On the other hand, most of the hired teaching staff in primary
education is female; but, generally speaking the number of teaching staff of
the ethnic communities is small
It is necessary to resume the implementation of the equitable
representation principle for citizens belonging to all ethnic communities (as
an affirmative measure) in the state administration and the other public
institutions, bearing in mind the distribution of gender positions and the
vertical positions, too (managing positions). In addition, amendments and
addendums are recommended to the Law on equal opportunities in terms
of monitoring the status of women belonging to the non-majority
communities at local level, which would give a more complete picture, and
it would further suggest taking necessary measures to promoting the status
of these women.
In this context, the countrys stakeholders are recommended to keep
gender-based statistical data. Therefore, legislation should be accompanied
by other additional measures, such as: raising public awareness and
institutional capacity building
In the area of education, the state should take other additional
measures. It should intensify the measures to guarantee the right to
education of women belonging to the ethnic communities on equal bases
with the rest, and focusing on the real reasons of the school drop-out rate
among the female children of the Roma community.

2. Introduction (ADI)
The project Which gender is the Ohrid Framework Agreement!? is a
result of delivered activities of the Association for Democratic Initiative
(ADI) on the monitoring of OFA; Strengthening the dialogue via the OFA;
the OFA implementation Analysis. Thus, the project draws on the
conclusions and recommendations on the integration and provision of equal
representation for the smaller non-majority ethnic communities. This is only
a segment that the project targets and it is important to highlight the need of
awareness raising among all relevant stakeholders for fair and equitable
gender representation at local and national level, as well as the integration
of the gender concept in the implementation process of the OFA.
Since its independence, the Republic of Macedonia has made
significant steps forward in defining national policies, which recognize the
cultural, ethnic and religious diversity in the country. Progress was made in
promoting the multi-ethnic character of the country. Despite the multiethnic character of our society, the equitable gender policies and the
promotion of womens rights are not multi-cultural. Though there is an
adequate political context as basis to develop specific gender policies,
nothing has been done in this context. To date, there is no analysis, nor
gender policies in the Ohrid Framework Agreement. Thus, one of the
project objectives was precisely the gender analysis and the inclusion of
women belonging to the non-majority communities in the political and
development processes. In this way, the problems/obstacles of women
inclusion were identified, consequently producing a range of
recommendations that aim at utilizing the already established mechanisms,
reform initiation, improvement of cross-institutional relations; institutional
and organizational capacity building, including the media and civic society
in order to strengthen dialogue and cooperation in relation to women
issues.

Lulzim Haziri
Association for Democratic Initiatives

3. Methodology
Introduction
In the implementation of the project funded by the European
Instrument for Democracy and Human Rights (EIDHR), the Association for
Democratic Initiatives (ADI) conducted a gender dimension research of the
Ohrid Framework Agreement, in the second half of 2012. The research was
done by three independent experts and a research coordinator from ADI.
The team consisted of: Lulzim Haziri (ADI, research coordinator), Sasho
Klekovski (author of chapter Equitable representation at national level),
Zhaneta Poposka (author of chapter Non-discrimination and coauthor of
chapter Education), and Mjelma Mehmeti (author of chapter Equitable
representation at local level, and coauthor of chapter Education and Shpend
Imeri. The research was done by using a combined methodology:
literature/documentation review, a case study and public debates.
3.1. Activities
3.1.1. Review of literature/documentation
In the first research stage, the expert team, reviewed the available
literature related to the research topic, including reviews of previous similar
researches predominantly linked to the Ohrid Framework Agreement, as
well as various gender-based researches and databases of different relevant
institutions, such as the Parliament, the Ministry of Information Society and
Administration, the Ministry of Local Self-government, the Ministry of
Education and Science, in particular the Department of development and
promotion of education in the languages of the communities, the Legal
Representative responsible for implementing procedures of inequitable
treatment of women and men at the Ministry of Labor and Social Policy, the
Ombudsman, the Anti-discrimination Committee and the State Statistics
Office. For the purposes of this review, different reports of regional and
international human rights mechanisms were consulted, as well as civil
society organizations operating in this area.
3.1.2. Thematic forums with institutions and concerned public at
local level
In project implementation, three thematic forums with the
institutions and the concerned public were held at local level, in which the
draft review research was discussed in order to promote it further. Public
debates were held in Gostivar, Struga and Kichevo involving 75 participants
from the units of local self-government, local Committees for Equal

Opportunities, local Committees for Inter-Community Relations, civil

society organizations and the media.
3.1.3. Data analysis and preparation of research report
The data obtained from the available documentation, case studies
and other activities carried out in the project implementation were analyzed
and incorporated in the draft report. The preliminary findings and
conclusions were discussed on the three thematic forums (as focus-groups)
in January 2013, followed by the preparation of the final report. Also, this
report contains an Executive summary intended for the policy-makers and
the general public, which includes key findings, achievements and
weaknesses, as well as recommendations for improvement.

10

4. EQUITABLE REPRESENTATION AT NATIONAL LEVEL

11

12

4.1. Introduction
One of the key aspects of the Ohrid Framework Agreement1 is the
assurance of equitable representation. This section deals with the analysis of
political and legal framework, and the institutional framework on the
implementation of adequate and equitable representation principle of the
non-majority communities. Then follows the analysis on the situation and
progress made regarding this principle, at national level, such as the
Parliament and the state administration, with a special focus on gender
representation, in those areas where there is available data, followed by
conclusions.
4.2. Macedonian Legal framework
The adequate and equitable representation principle is envisaged
under section 4.2 of the Framework Agreement, which states:
Laws regulating employment in public administration will include
measures to assure equitable representation of communities in all central
and local public bodies and at all levels of employment within such bodies,
while respecting the rules concerning competence and integrity that govern
public administration. The authorities will take action to correct present
imbalances in the composition of the public administration, in particular
through the recruitment of members of under-represented communities.
Particular attention will be given to ensuring as rapidly as possible that the
police services will generally reflect the composition and distribution of the
population of Macedonia, as specified in Annex C 2..
This principle is inserted in the Constitution of the Republic of
Macedonia, Article 8, p.2, Amendment VI of the Constitution3, which reads:
Equitable representation of persons belonging to all communities in public
bodies at all levels and in other areas of public life.
The assurance of equitable representation shall be done by
respecting the principle of professionalism and competence. The application
of the principle is not based on quotas, nor does it aim at achieving a certain
percentage, but achieving a sense of belonging and equality4. According to
Bieber5, public administration reforms refer to the under-representation of
1

SIOFA, Ohrid Framework Agreement, http://siofa.gov.mk/data/file/Ramkoven_dogovor_mk.pdf

(retrieved ...)
2
Ohrid Framework Agreement, 2001, section 4.2, p. 2
3
Offical Journal of RM nr. 91/2001
4
Interview with Ixhet Memeti, published by Sasho Kledovski, ed.
. (Skopje: MCIC, 2011).
5
Florian Bieber, Power sharing and
implementation of the Ohrid Framework Agreement (Skopje: Friedrich Ebert Foundation, 2008) p. 7-41.
13

the non-majority communities in the public administration and the lack of

attention by that administration towards the needs of the non-majority
communities, which is related to the (non)sense of co-ownership of the
Albanian community in relation to the state.
The application of this principle initiates changes to many laws,
ranging from the Basic Law on Civil Servants, which establishes the
obligation of the state administration to adopt annual plans on equitable
representation of communities. Annual plans, employment plans,
professional development and training, as well as assessment of the fiscal
implications reflect the current state in this area. Fifty nine (59) laws have
been adopted or amended to apply the principle of equitable representation
(and non-discrimination)6.
The Government of Macedonia, in 2003, adopted the Program Basics
preparation to improve the equitable representation of communities in the
public administration and public utility companies. In 2007, the
Government of Macedonia, i.e. the Secretariat for the Implementation of the
Ohrid Framework Agreement, developed a Strategy for equitable
representation of non-majority communities in Macedonia. Information
about the progress made is scheduled to take place via the Annual report on
equitable representation in the public sector of Macedonia.
Equal opportunities of women and men in the Republic of
Macedonia are set forth in the Constitution, as the highest legal act, but also
a number of laws include various provisions which ban discrimination on
grounds of gender, as well as provisions, which foresee the gender concept
of the domestic legislation. While a great number of laws includes the
gender concept, up to 2006 there was no special law to promote equal
opportunities for women and men. Looking at good European and regional
practices in the area of gender equality, the Parliament of the Republic of
Macedonia, in May 2006, adopted the Law on equal opportunities for
women and men.
4.3. Institutional framework
In order to implement successfully the Ohrid Framework
Agreement, it was necessary to establish the Sector for implementation of
the Ohrid Framework Agreement7, which later on was transformed to the
Secretariat for implementation of the Ohrid Framework Agreement, with
the new amendments made to the Law of Government8, and has been
operational since January 2008. The Secretariat for implementation of the
6

Fisnik Shabani, : - Ohrid

Framework Agreement case studies (Skopje: MCIC, 2011), p. 34-42.
7
Decision of the Government of Republic of Macedonia, 05 April 2004
8
Official journal of RM nr. 115/2007
14

Ohrid Framework Agreement (SIOFA) of the Government of the Republic

of Macedonia is responsible for full implementation of the Framework
Agreement and to provide administrative and professional support to the
Vice President of the Government of the Republic of Macedonia, in charge
of the implementation of the Framework Agreement. Additionally, in 2006,
the Ministers Committee was established to monitor and coordinate
activities referring to the improvement of equitable representation of
communities in the state administration and public utility companies.
One of the responsibilities of the Ombudsperson is taking actions
and measures to enforce the non-discrimination principle and equitable
representation of the community employees in the state administration, in
the units of local self-government, and public institutions and agencies. The
responsibility of the Ombudsperson to enforce the principle of equitable
representation is set out in the Constitution of Macedonia, Article 77, p.1,
amendment XI to the Constitution9. The Ombudsperson acts upon
individual complaints and obtains data from the institutions he/she is
empowered for. The Ombudsperson publishes the results of his/her work
via an Annual report, which includes a special chapter on Nondiscrimination and equitable representation. The discrimination section
contains data on individual complaints, and the equitable section contains
data on the ethnic background of the state and public administration.
The number of complaints is growing every year. In 2011, the
Ombudsperson acted upon 5.074 complaints in total, out of which 4.256
complaints were submitted by 4.711 citizens during the reporting period10.
The ombudsperson initiated procedures upon 39 cases, on its own initiative.
Out of this number, 42 or 0.99% deal with discrimination and equitable
representation, which is rising compared to 2010, when only 16 complaints
were registered. Out of these 42 complaints, 7.14% deal with equitable
representation. In 2011, there were some typical complaints made by the
Egyptians, who were dissatisfied by the census enumerators advertisement,
as it did not contain the following special column other ethnic
communities.
4.4. Equitable representation in the Parliament and committees
The representation of non-majority communities in the Parliament of
the Republic of Macedonia is linked to the first pluralistic elections in 1991.
The Constitution and the Election Code allows the free establishment of
political parties, including the political parties established on grounds of
ethnicity. Accordingly, in addition to the main political parties, more
political parties have been established representing the interests of certain
non-majority communities.
9

Official journal of RM nr. 91/2001

Ombudspersons Annual Report 2011 (Skopje: Ombudsperson of Republic of Macedonia, 2012)

10

15

Therefore, the representation of MPs in the Parliament is not related

to the Ohrid Framework Agreement, but to the elections and the Election
Code, i.e. the electoral system and the voter turnout.
Since 1991 till today, the participation of the non-majority
communities has been ranging from at least 18.3% to 32.5%, at most, and
today it is 31.7%.
Table 1 indicates the representation of the non-majority communities
in the Parliament of the Republic of Macedonia by seats, by ethnic
background and which political party they represent, from 1991 until now.
Table 1. Representation of non-majority communities in the Parliament of
RM11
Seats
Albanians
PDP
DPA
DUI
Other
Roma
PCER
SRM
VMRODPMNE
Other
Turks
DPTM
Other
Bosniaks
SDAM
SDSM
Other
Serbs
DPSM
SDSM
VMRODPMNE
Other
Vlachs
VMRODPMNE
SDSM
Other
PEI
TOTAL

91-94
23
(19,2 %)
22
1
1 (0,8 %)
1
-

94-98
18
(15 %)
13
4
1
2 (1,7 %)
2
-

98-02
24
(20 %)
11
10
3
2 (1,7 %)
1

02-06
25
(20,8 %)
2
7
15
2
1 (0,8 %)
-

06-08
28
(23,3 %)
3
11
13
1
2 (1,7 %)
-

08-11
29
(24,2 %)
5
18
6
1 (0,8 %)
1

11-15
24
(19,5 %)
8
14
2
2 (1,6 %)
1
1

1
0 (0 %)
0 (0 %)
0 (0 %)
-

1 (0,8 %)
1
0 (0 %)
1 (0,8 %)
1

0 (0 %)
1 (0,8 %)
1
0 (0 %)
-

1
4 (3,3 %)
3
1
2 (1,7 %)
1
1
1 (0,8 %)
1
1

2
1 (0,8 %)
1
0
1 (0,8 %)
1
1 (0,8 %)
1
-

1 (0,8 %)
1
0
1 (0,8 %)
1
4 (3,3 %)
1
1

2 (1,6 %)
1
1
3 (2,4 %)
1
2
4 (3,3 %)
1
1

0 (0 %)

0 (0 %)

1 (0,8 %)

1 (0,8 %)

1 (0,8 %)

2 (1,7 %)

1
1 (0,8 %)

0 (0 %)
24
(20 %)

0 (0 %)
22
(18,3 %)

1
0 (0 %)
28
(23,3 %)

1
0 (0 %)
34
(28,3 %)

1 (0,8 %)
1
36
(30 %)

1
1 (0,8 %)
1
39
(32,5 %)

1
3 (2,4 %)
3
39
(31,7 %)

11

The last Parliament composition of the corresponding term is analyzed. Sasho Klekovski, ed.
(Skopje: MCIC, 2011), work materials.
16

Most of the elected MPs of the non-majority communities are ethnic

Albanians. The other ethnic communities were represented, at best, by one
MP of a certain ethnic community, with some exceptions by certain ethnic
communities and certain seats.
Bearing in mind the representation of the non-majority communities
in the Parliament, it cannot be concluded that the Ohrid Framework
Agreement had any impact on that process.
To achieve a balanced female involvement in every area of the
society, is important to ensure women's equality in power sharing and
active participation in decision-making processes at all levels of public and
political life.
Aferdita Haxhijaja, in 2010, carried out a gender analysis among the
political parties, and she has identified that the membership of most
political parties is over 30% females, and very rarely 50%12. Thus, the DUI
has female membership of 33% and 30% females among the partys bodies.
Similar figures shares the DPT. The DPA has lower female membership,
around 25%, and 20% among its party bodies. Unlike the rest, the VMRODPMNE has a female membership of 50%, and its party bodies are
represented only by 25%, whereas the SDSM has a female membership of
47%, out of which only 30% are represented in the partys bodies.
The Election Code determines that ... in every three places of the MPs
Candidacy List, at least one place shall belong to the less represented
gender13.
Antiko, a Women Civic Initiative14 carried out a Candidacy lists
gender analysis on the early parliamentary election in 2011 and after the
elections, an analysis was done one the election outcomes. The findings of
this analysis indicate that there is no significant progress made in relation to
the representation of the women candidates, running for MPs, and this also
affects the percentage of elected women in the Parliament of the Republic of
Macedonia. While the political parties, in general, comply with the
provisions of the Election Code, as a rule, following the elections, the higher
positions are reserved for male candidates, whereas the females are mostly
ranked at 3, 6, 9,12 ... positions, which have the least chances to be elected.
Out of the total number of the Candidacy List (81 CL), most of them are
12

Aferdita Haxhijahja Imeri, ,

? (Skopje: Antiko WCI, 2010)
13
Election Code, Off.Journal nr. 40, 31 March 2006
14
-
2011 (Skopje: Antiko WCI)
17

Lists with 30% female inclusion (40 CLs in total). Unfortunately, the
percentages show that smaller political parties have more women who run
for MPs, but the likelihood of these women to take seats in the Parliament is
very low, unless they are in coalition with bigger political parties. However,
in such cases, political parties often run men for MPs usually the leaders of
the political parties.
There is still unequal participation of women and men in
government bodies at all levels, including the judiciary, legislative,
executive power, local governments, and all other public institutions and
services, political positions, committees and boards, as well as participation
in the government bodies that represent the country at international level,
though Article 6, paragraph 3 of the Equal Opportunities Law between
women and men prescribes that the representation of both genders is not
less than 40%15.
The Law on equal opportunities for women and men identifies that
the Parliament of the Republic of Macedonia, in addition to complying with
the principle of equal opportunities for women and man in the
composition of its bodies and delegations, shall adopt a National Action
Plan on equal opportunities of women and men. Apart from this, the
parliament is responsible for determining the composition and
responsibilities of the Committee on equal opportunities for women and
men, as a newly established body by this Law.
In the analysis below, the representation in the Parliament of RM on
ethnic and gender background of the MPs has been observed. This analysis
has been done based on affiliation with a political party, not on the
declaration of ethnicity of a certain ethnic group, as we do not have access
to such declarations. This could mislead regarding the number of men and
women of Serbian and Vlach ethnic communities, who are affiliated with
the VMRO-DPMNE and SDSM.

15

MTSP,
http://www.mtsp.gov.mk/WBStorage/Files/analiza_zem.pdf (retrieved ....)
18

Table 2 indicates the representation in the Parliament of RM on grounds of

ethnicity and gender.
Table 2. Gender representation in the Parliament of RM16 by year
Year

Mac.
F

20112015
20082011
20062008
20022006

Alb.
F

Turks Roma Serbs Vlachs Bosnians Total

F F F F

F
F
Member of Parliament

17

85

38

22

78

42

21

84

36

22

Vice President of Parliament

20112015
20082011
20062008
20022006
19982002
19941998
19911994

Committee Chairperson
20112015
19982002

13

17

19

24

Since the term of 2011the Macedonia parliament consists of 31%

females. The number of females of the non-majority communities is nine (9)
or 7.3% of the total number of MPs or 23% of the total MPs of the nonmajority communities, that is, 23.6% of the total number of female MPs.
Out of the presence of women of the non-majority communities, with
the exception of the ethnic Albanians, the findings of Antiko-Women Civic
Initiatives research note that the smaller political parties of the non-majority
16

Parliament of Republic of Macedonia, http://www.sobranie.mk/(retrieved....), authors estimates

19

communities mostly coalesce with the main political parties. Candidates

and MPs of these political parties are their leaders and they are almost
always men. There is an exception of the Serbs and Vlachs, who run for MPs
as members of VMRO-DPMNE and SDSM, and the female candidates of
these ethnic groups are their members, rather than from their own political
parties.
There is an apparent progress made in the representation of women
ethnic Albanians, but this progress is due to the Election Code and the
introduction of gender quotas.
Since the presence of women in the Parliament is determined by the
Election Code, it is interesting to analyze the positions they hold as Vice
Presidents of the Parliament and Chairpersons of Parliamentary
Committees, which are not based on the gender quotas system
Since 1991 until today, there has not been appointed a female
president of Parliament. The number of Parliament vice presidents ranged
from 3 to 5. Macedonia got a women vice president of the Parliament, for
the first time, in 2002, and a woman vice president from the non-majority
communities became a vice president, for the first time, in 2011.
The analysis of the chairmen of parliamentary committees is
illustrative in itself. From 1998-2002, none of the 24 committees was chaired
by a women of any ethnic community. Since 2011, out of 21 committees, 4
have been chaired by women, but none is of non-majority communities.
This does not include the Committee on Inter-Community Relations, which
is chaired by an ethnic Albanian woman, and the Euro-integration National
Council, which is chaired by an ethnic Macedonian woman, as both bodies
have a different parliamentary status.
4.5.Equitable representation in state and public administration
The Ombudsperson monitored the implementation of equitable
representation by obtaining information from institutions. In 2011, the
Ombudsperson requested information from 1.082 institutions, but only 972
institutions responded17. The number of institutions which were sent
questionnaires had increased by 196 institutions, compared to 2010. The
institutions that mostly did not respond were smaller rural municipalities
and education and culture institutions at local level, but the Ministry of
Finance didnt respond either.
In the period of 2006 to 2010 there was progress made in the
implementation of the equitable representation principle in the legislative
power for ethnic Albanian only, whereas the situation got worse or
stagnated for the other non-majority groups.
17

2011 Ombudspersons Annual Report (Skopje: Ombudsperson of RM, 2012, 2012), p.38-42.
20

Table 3. Equitable representation in state and public administration at

national level, by year18
Year

Mac.
Nr.
%

Alb.
Nr.
%

Turks
Nr. %

Roma
Nr. %

Serbs
Nr.
%

Vlachs
Nr. %

Bosniaks
Nr.
%

Other
Nr. %

Total
Nr.

Legislature
2010

231

76,7

57

18,9

1,0

0,3

2,0

0,0

0,7

0,3

301

2009

229

75,8

60

19,9

1,0

0,3

2,0

0,0

0,7

0,3

302

2008

173

78,3

35

15,8

1,4

0,5

2,7

0,0

0,9

0,5

221

2007

175

80,3

31

14,2

1,4

0,5

2,8

0,0

0,0

0,9

218

2006

171

81,0

28

13,3

1,4

0,5

2,4

0,0

0,9

0,5

211

Executive
2010

57.073

76,8

12.882

17,3

1.207

1,6

514

0,7

1.205

1,6

478

0,6

229

0,3

720

1,0

74.308

2009

48.452

79,7

8.650

14,2

771

1,3

495

0,8

1.191

2,0

430

0,7

230

0,4

587

1,0

60.819

2008

45.241

81,1

7.362

13,2

627

1,1

400

0,7

1.093

2,0

901

1,6

190

0,3

531

1,0

55.752

2007

43.454

83,5

5.625

10,8

552

1,1

394

0,8

989

1,9

308

0,6

181

0,3

472

0,9

52.054

2006

32.045

84,4

3.898

10,3

294

0,8

234

0,6

810

2,1

185

0,5

109

0,3

290

0,8

37.953

Judiciary
2010

3.025

83,9

372

10,3

42

1,2

29

0,8

41

1,1

60

1,7

13

0,4

23

0,6

3.605

2009

3.233

84,2

392

10,2

44

1,1

29

0,8

38

1,0

64

1,7

16

0,4

22

0,6

3.838

2008

2.939

85,1

325

9,4

43

1,2

33

1,0

33

1,0

55

1,6

0,3

18

0,5

3.455

2007

2.577

87,9

201

6,9

33

1,1

29

1,0

21

0,7

51

1,7

0,3

0,2

2.933

2006

2,813

87,2

244

7,6

36

1,1

27

0,8

30

0,9

48

1,5

0,2

22

0,7

3.225

A special focus of the Ohrid Framework Agreement is the

achievement of equitable representation of Police service and the Army of
the Republic of Macedonia.

18

Sasho Klekovski, ed. (Skopje: MCIC, 2011), work

material.
21

Table 4. MoI and Police service equitable representation19

Institution

Mac.
Nr.

Alb.
%

Nr.

Turks
%

Roma

Serbs

Vlachs

Bosn.

Other

Total

Nr. % Nr. % Nr. % Nr. % Nr. % Nr. %

Nr.

Ministry of the Interior, total employees

2011

8.919

78,8 1.895 16,8 71 0,6 74 0,7 185 1,6 12 0,1

2010

8.915

78,8 1.885 16,7 72 0,6 74 0,7 191 1,7 12 0,1

0,0 159 1,4 11.308

2009

9.755

79,8 1.927 15,8 76 0,6 79 0,6 211 1,7 12 0,1

0,0 166 1,4 12.226

2004

10.254 82,3 1.659 13,3 73 0,6 81 0,7 217 1,7

178 1,4 12.462

2001

8.805

142 1,5

9.558

92,1

350

3,6

38 0,4 38 0,4 185 1,9

157 1,4 11.313

Police service
2011

6.888

76,9 1.644 18,4 64 0,7 68 0,8 149 1,7

0,1

138 1,5

8.957

2010

7.027

77,0 1.663 18,2 64 0,7 69 0,8 155 1,7

0,1

141 1,5

9.125

2004

7.453

79,1 1.514 16,1 62 0,7 73 0,8 174 1,8

145 1,5

9.421

2001

7.195

91,9

117 1,5

7.825

295

3,8

35 0,4 27 0,3 156 2,0

This data indicate the apparent progress made in equitable

representation with the police service and MoI.
In the period of 2001 to 2011, a considerable progress had been made
in terms of enhancing the equitable representation of non-majority
communities by increasing the number of officers, but the objective hasnt
been reached yet (Table 5). The Ombudsperson (2010) takes the Ministry of
Defense and the ARM as an example of good practices in implementing the
equitable representation principle.
Table 5. ARM equitable representation, officers 20
Institution Macedonian Albanian Turkish

Roma

Serbs

Bosniaks

Vlachs

Other

2011
2004

83,0 %
81,4 %

10,5 %
12,4 %

1,8 %
1,0 %

0,3 %
0,2 %

1,7 %
1,9 %

0,7 %
0,3 %

1,2 %
0,4 %

1,3 %
2,4 %

2001

90,8 %

2,3 %

0,4 %

0,1 %

2,3 %

0,1%

0,4 %

3,6 %

Yet, the relevance of equitable police and army representation in

terms of gender representation of the non-majority communities cannot be
ascertained due to lack of data.
Regarding the quality of equal representation, it is important to look at
Table 6 below.

19
20

Sasho Klekovski, ed. (Skopje: MCIC, 2011), work material.

Ibid.
22

Table 6. Equitable representation in state and public administration at

national level in 2010, managers 21
Institution

Mac.
No.

Alb.
%

No

Turks
No

Roma
No

Serbs

Vlachs

Bosn.

Other

Total

No

No

No

No

No.

0,0

0,0

0,0

0,0

0,0

67

Legislature
Cab. of PRM /
Parliament

52

77,6

15

22,4

0,0

Government

1.239

83,7

186

12,6

0,5

0,3

16

1,1

0,6

0,2

15

1,0

1.480

Ind. state org.

890

87,8

86

8,5

0,4

0,2

12

1,2

10

1,0

0,4

0,6

1.014

Education

597

70,7

178

21,1

23

2,7

0,1

28

3,3

10

1,2

0,2

0,7

845

1.657

83,1

210

10,5

24

1,2

0,1

47

2,4

19

1,0

14

0,7

22

1,1

1.994

PUCs

360

84,5

42

9,9

0,2

0,0

13

3,1

0,2

0,5

1,6

426

Other instit.

188

77,0

51

20,9

0,8

0,4

0,4

0,0

0,0

0,4

244

Executive

Public healthcare

Judiciary
Ombudsperson

30

69,8

11

25,6

0,0

2,3

0,0

2,3

0,0

0,0

43

Judiciary

620

81,7

100

13,2

0,8

0,0

1,2

11

1,4

0,7

1,1

759

Prosecution

178

82,4

28

13,0

0,9

0,0

1,4

0,9

0,5

0,9

216

Attorney office

33

97,1

0,0

2,9

0,0

0,0

0,0

0,0

0,0

34

5.844

82,1

907

12,7

70

1,0

11

0,2 129 1,8

63

0,9

31

0,4

67

0,9

7.122

Total

In the executive power, the representation has been improved for

Albanians and Turks. In the judicial power, too, the equitable representation
principle shows results for ethnic Albanians.
The smallest non-majority communities have mostly been represented at the
Sector for European Affairs (12,5%), at SIOFA (11,6%) and at the Ministry of
Labor and Social Policy (7,8%).
According to Memeti, Ombudspersons analyses show enhanced
representation of ethnic Albanians 17,2%, Turks and Serbs 1,6%, Vlachs and
Roma 0,7% and Bosniaks 0,3%.
The progress made is lower for the other non-majority communities.
In this context, the Ombudsperson22 points out that the greatest number of
lodged complaints on equitable representation at the state administration
has to do with the fact that the principle applies only to the biggest nonmajority community, and the other non-majority communities have been
neglected.
Prior to 2001, the participation of ethnic Albanian in the public
administration was around 2% (Mehmeti, 2008), in the police service 3,8%
and 2.3% of officers in ARM. In the period so far, in general, it is considered
that a progress has been made in complying with the principle of equitable
representation23, even though the Ombudspersons report (2011) indicates
21

Ibid.
2010 . (Skopje: Ombudsperson of RM, 2011).
23
Ibid.;Sasho Klekovski, ed. (Skopje: MCIC, 2011);
TheFormerYugoslavRepublicofMacedonia 2010 ProgressReport (Brussels: European Commission, 2010).
22

23

that there has not been made sufficient progress for the smallest ethnic
communities, neither for leading positions in state administration. Ditto, the
critics of OFA do not deny the achievement on enhanced employment in the
administration, but they accuse of party-based employments24.
Hafner Ademi in her study, European Union and Ohrid
Framework Agrement25 states that EUs objective on OFA is better
functioning of democratic institutions (primarily through decentralization),
rule of law, and secondary measure to improve the minority status. The
initial reports (i.e. 2002 to 2005) focus on monitoring the adoption of legal
actions and their implementation in accordance with the OFA. The focus
here is on the legislation on the decentralization process and public
administration reform. Since 2005, the progress reports primarily and
increasingly focus on soft measures education and employment.
Assessments primarily focus on quantitative elements (quotas) and not
qualitative ones. The qualitative focus appears mostly in the last reports.
Hafner-Ademi26 as an example indicates the assessment of measures in
relation to the equitable representation. EU requires reducing the number of
civil servants, but on the other hand, OFA requires the equitable
representation. The EU reports focus on how much progress have been
made on equitable representation, not on the measures/approaches to
achieving both goals related to the fulfillment of EU membership criteria.
Out of its full focus on the Albanian community, as of 2005 and 2006, the EU
refocused on smaller communities inclusion, predominantly, the Roma
focus. The EU reports do not include a connection between the Ohrid
Framework Agreement and the gender equality.
In 2001, the Ombudsperson had collected data on the gender
structure of employees in the state and public administration and the data
have been published in the Research Information on gender
representation27. This Research Information contains data on 628
institutions, which responded to the request of the Ombudsperson. The
published data are gender-based and education based, not ethnic-based.
The institutions that responded have 76.859 employees in total, of which
53.4% are men, and 46.5% are women.

24

Interview with Rufi Osmani and Ixhet Memeti. Sasho Klekovski, ed.
(Skopje: MCIC, 2011)
25
Tanja Hafner-Ademi, , Ohrid Framework
Agreement Case studies (Skopje: MCIC, 2011) p. 43
26
Ibid.
27
Information about the gender representation survey and the situation of domestic violence (Skopje:
Ombudsperson of RM)
24

Table 7. Gender representation in state and public administration28

Univer.
Degree

F
18,5 23,1

Higher
educ.

F
3,75 4,11

Secondary
educ.

F
22,24 14,09

Primary
educ.

F
6,12 4,02

Leading
positions

F
54,3 45,7

Total

53,4

F
46,5

Even though the data are incomplete, that is, not all institutions
delivered data; there is a certain gender balance because more women with
higher education are employed. Representation of women in leading
positions is similar to the representation in general. There are significant
differences between institutions. Thus, men are more represented in
ministries (76.7%), municipalities (61.7%) and public companies (83.2%),
whereas women are more represented in judiciary, i.e. the Basic courts
(60,1%), education, i.e. secondary education (58.2%) and general hospitals
(70.5%). The gender representation of leading positions does not always
reflect the gender representation of the employees, and sometimes the
institutions with more women employees are run by most men.
The Ministry of Information Society and Administration (MIOA) has
legal obligation29 to keep records on the employees of state and public
administration, or to keep e Register of state and public officials.
According to the available data in 2011, the Registry30 included
14.821 civil servants. Out of the total number of civil servants, 70.6% are
ethnic Macedonians and 29.4% are civil servants belonging to the nonmajority communities. Among the civil servants, 46.7% are women, but
with differences according to their ethnic background: ethnic Macedonians
include 51.6%, women, and the civil servants of the non-majority
communities include 65% men.

Gender

Macedoni
an

albanian

Turks

Roma

Vlachs

Serbs

Bosniaks

Other

Not
identified
as a
member of
a particular
community

Total

Table 8. Gender and ethnic representation in state administration31

Female

5406

1078

99

52

56

108

53

43

33

6928

Male

5064

2350

140

87

55

89

41

48

19

7893

Total

10470

3428

239

139

111

197

94

91

52

14821

Records are available only for a fraction of civil servants and the
database includes information on 10.738 civil servants32. The records show
28

Annual Data Report from the Register of Civil Servants in 2011 (Skopje: MIOA, 2012)
Law on the organization and operation of state bodies, Article 26, p. 1,line 1.
30
Annual Data Report from the Register of Civil Servants in 2011 (Skopje: MIOA, 2012)
31
Annual Data Report from the Register of Civil Servants in 2011 (: MIOA, 2012)
29

25

that 40.6% are women. The number of women belonging to the nonmajority communities is 480, or 4.4% of the total number of employees, or
34.4% of the employees belonging to the non-majority communities, i.e. 11%
of the total number of women.
Table 9. Gender and ethnic representation in public administration33

Not identified as a member

of a particular community

302

81

14

32

4061

Serbs

Total

Other

2
36

Bosniaks

2
15

Vlachs

1
45

Roma

12
191

Turks

272

Albanian

Macedonian

Leading

Female Non-leading 3643

Gender

Type of job

Civil servants based on gender, type of job and ethnicity

Total

3915

203

46

17

38

88

16

36

4363

Leading

358

46

426

Male Non-leading 5071

579

87

42

40

69

11

47

5949

Total

5429

625

93

42

45

74

12

51

6375

Total

9344

828

139

59

83

162

28

87

10738

Females are present at 41.4% leading positions. The number of

females belonging to the non-majority communities on leading positions is
30, or 4.1 % of the total employees, that is 9.9% of the total femal employees
on leading positions.

32

2011 . (Skopje:
MIOA, 2012)
33
Ibid.
26

4.6.Conclusions
4.6.1. Equitable representation incorporated in the countrys system
The equitable representation principle deriving from the OFA is
inserted in the Constitution and bills of Macedonia. Accordinly is applied
the principle of equitable representation of citizens, too.
The SIOFA is responsible for the implementation of OFA and the
equitable representation, and the Ombudsperson is the body protecting the
principles of equality and equitable representation. This competence is
implemented via complaints and collection of information from institutions.
4.6.2. Hindered monitoring of crossed achievements on equitable
representation
The Ombudsperson collects the data on equitable representation.
Also, the Ombudsperson collects data on gender representation. Both, the
former and the latter are incomplete because certain institutions do not
deliver the requested information.
The collected data are not cross analysed, which makes it difficult to
analyse the equitable (ethnic) and gender representation.
The Ministry of Information Society and Administration has data on around
10.000 civil servants that can be cross-analysed on a variety of demographic
characteristics.
4.6.3. Progress made in the field of equitable representation
Progress has been made in the last period, but further action is
needed to achieve the goal. The progress is greater for the ethnic Albanians.
The progress at leading positions is smaller. The progress for Roma and
ethnic Turks is smaller.
4.6.4. Improvement of gender representation of non-majority communities
in policy-making, not as a consequence of OFA, but of gender quotas
In order to achieve balanced participation of women in all fields, it is
of great importance to provide equality for women in power sharing and
their active involvement in policy-making.
Progress on gender representation of non-majority communities has been
made in the Parliament, but not as a result of OFA, but of the foreseen
gender quotas in the Election Code.
Despite the progress made in the Parliament, in the 2011 mandate,
female participation of the non-majority communities is 23%, which is lower
than the average female MPs (31%).
It is very apparent that in the current Parliamentary composition, for
the first time was elected a woman MP as vice president of Parliament, but
27

none of the 21 Parliamentary committees is chaired by a woman of a nonmajority community.

4.6.5. Gender balance in state and public administration
The Ombudsperson carried out an analysis of gender representation
in the institutions. 628 institutions employing 76.859 people responded to
his survey. Unfortunately, the data is cross-analysed by education, not by
ethnic background.
There is gender balance in the surveyed institutions, i.e. out of the
total number of employees 53.4% are men, and 46.5% are women, and most
of women have completed higher education. Rperesentation of women in
leading positions is similar to the representation in general. There are
considerable differences between the institutions.
4.6.6. Moderate representation of women belonging to non-majority
communities among state employees
The Ministry of Information Society and Administration keeps a
Register on all state and public servants.
There is a certain degree of gender balance between the state
employees, too, (46.7% are women), and between the civil servants (40.6%
are women) and the participation of employed women belonging to the
non-majority communities is moderate in the state and public
administration (35%).

28

5. EQUITABLE REPRESENTATION AT LOCAL LEVEL

29

30

5.1. Legal and political framework

After the independence in 1991, the country inherited a system of 34
municipalities, which at that time was considered to be on of the most
decentralized countries in Europe. The adoption of the Local SelfGovernment Law and the establishment of 124 new Units of Local SelfGovernment aimed at creating a more centralized governance system since
the municipalities were given a limited amount of powers in the field of
urban planning and some smaller municipal activities. In 1997, the
Parliament of the Republic of Macedonia ratified the European Charter of
Local Self-Government and formally accepted the European standards on
devolution of powers from central to local government. By signing the
Ohrid framework Agreement (OFA)34 in 2001, the foundations for further
decentralization of the country were laid because one of its key provisions
envisaged the need for more decentralized governing. Also, the Framework
Agreement provided a wider framework on the use of community
languages and their equitable representation in the local government
administration.
5.1.1.

Ohrid Framework Agreement (OFA) at local level

The Government, through the Ohrid Framework Agreement (OFA),

required strengthening the rights of the non-majority communities,
including the official use of Albanian language, increased participation of
the non-majority communities in government institutions, the police, the
army, and boost the level of decentralization, as one of the main segments.
With this, the OFA ensured peace in the country and its multi-ethnic
character, and identified the decentralization process as the most important
instrument to achieving these objectives. The decentralization process,
which is still ongoing, is expected to contribute to the promotion of public
sector. The units of local self-government are best positioned to deliver
effective and quality services to their communities. The implementation of
the OFA locally is expected to strengthen the principles of inclusive
democratic governance by improving the institutional access and increasing
citizen participation in the decision-making process.
Today, after many years from the start of decentralization reforms, it
is known that it contributed to addressing the ethnic divisions, increasing
democracy and stability in the country. This reform built greatly the
leadership human capacities at local level. The decentralization process
34

Ohrid Framework Agreement, Item 3, Development of decentralized authorities, Item 4, Nondiscrimination and equitable representation, Ohrid 13.08.2001
31

turned into a powerful tool for strengthening the position of citizens and
their participation in different local programs and initiatives, as well as their
involvement in politics.35
Nontheless, it happens that the benefits of such highly politicized
process are overlooked and wrongly assessed.36
Therefore, while the OFA laid the basis for inter-ethnic stability, still are
needed ongoing measures to build trust among the communities and the
social capital at local level. The education system, the Municipal Committee
for Inter-community Relations, and the local authorities are the key drivers
to developing cross-cultural dialogue, confidence and peaceful resolution of
issues.
5.1.2.

Inter-Community Relations Committee (ICRC)

In order to safeguard the multi-ethnic character of the society and its

reflection on public life and to foster the application of forms of democratic
citizen participation via the development of local self-government, and to
promote respect for the identity of communities, the Law on Local SelfGovernment37 envisages the set up of municipal Commissions for InterCommunity Relations where at least 20% of the population belongs to a
certain ethnic community. This is so in order to promote peaceful and
harmonious development of civic society and respect of cultural and ethnic
identity and the interests of all citizens of the Republic of Macedonia, and
respect of fundamental principles set out in the Constitution of the Republic
of Macedonia.38
The Commission for Inter-Community Relations represents a unique
and specific institutional form at local level for promotion and inclusion of
all
ethnic
ICRC promote and include the representatives of
communities
non-majority communities.
that live in the
boundaries of
the municipal territory in the decision making processes by the Local Selfgovernment bodies.

35

UNDP, Programme to Enhance Inter-ethnic dialogue and collaboration, 2009 p. 8-14

For example, the restructuring of municipal boundaries, which changed the electoral balance in
several municipalities, leads to ethnic tensions. The ascendancy of predetermined media and policies
were also counter-productive in complete implementation of OFA and the spirit of decentralization.
37
Law on Local Self-Government, Official Journal of RM nr.5, 29 January 2002, Article 55,
paragraphs 1, 2, 3, 4, 5
38
Law on Local Self-Government, Official Journal of RM nr.5, 29 January 2002
36

32

5.1.3.

Institutional and systemic capacities at local level

The post-OFA legal and institutional framework is a basis for the

promotion of inter-ethnic dialogue and inclusive consensual democracy.
However, the implementation of necessary mechanisms and systems for
effective transformation of the framework to permanent and coherent
practices is a great challenge for a young country. This is so partially due to
the existence of institutional gaps (in general and cross-sector) and a general
inexistence of operational dissemination models and practices. Not all
institutions established at local level are fully operational. And even those
who are more
operational are
It is a big challenge to implement systems and
more focused on
mechanisms for effective transformation of the
acting
upon
framework to permanent practices that would
consequences
yield positive outcomes.
rather than on
prevention.39 In this context, Association of the Units of Local SelfGovernment (ZELS) represents a key dissemination center of practices and
technical assistance for municipalities. Finally, it should be stressed that the
horizontal and vertical communication is also a relevant factor which
should be tackled in order to strengthen institutional/systemic capacities
and implement the provisions of OFA at local level.
5.2. Position of women at local level
Globally, the country marks progress in promoting gender balance,
particularly in strengthening their presence in politics. Equality and equal
opportunities are guaranteed by the Constitution. The Equal Opportunities
Law between men and women was adopted in May 200640 together with the
2007-2010 National Action Plan on gender equality. Equal Opportunities
Committees have been set up almost in all municipalities, which according
to their responsibilities, monitor the situation at local level, implement
measures set in the Action Plan and report to the Ministry of Labor and
Social Policy.
In the Republic of Macedonia, based on the latest statistical data of
the State Statistics Office, live 2 055 004 inhabitants, of which 1 029 848 are
men and 1 025 156 are women which makes us conclude that there is a
population gender balance. This implies that the number of women and
men is almost even in the country.
39

UNDP, Programme to Enhance Inter-ethnic dialogue and collaboration, 2009 p. 8-14

This Law was amended and on 13 January 2012 the new Law on equal opportunities between men
and women entered into force, Official Journal of RM nr. 6/2012.
40

33

5.2.1. Women representation in public administration at local level

If we analyse the number of women and men employed in
municipal administrations and public utility companies (PUCs), we come to
a figure of 3014 women and 5719 men. The absolute figure indicates that
the number of employed men is twice as higher as the number of employed
women. These figures indicate the total number of women and men
employed in the municipal administrations and PUCs, which were obtained
through a survey carried out by the Ministry of Labor and Social Policy.
However, if we wish to look at the ratio of women and men in leading
positions in municipal administrations and PUCs (heads of departments
and units), we can conclude that the gap is widening. From the available
data we can condlude that 201 women hold leading positions out of the 68
surveyed municipalities, in contrast with 609 men in leading positions. This
figure shows that the number of men in leading and decision making
positions is triple than that of women.
So, if the number of employed women in municipal administrations
and PUCs is almost half the number of employed men, the gap is even
wider when it comes to the leading positions, i.e. the possibility to make
decisions. Of course, this data data would be more useful if it would reflect
the ethnic background of women as well in the municipal administrations.
But, in the absence of this data, it can only be assumed that among the
already low percentage of women in leading positions in municipal
administrations, the number of women belonging to non-majority
communities can only be lower in terms of high leading positions.
Ditto, despite the employability of women and the positions they
hold at local level, the participation of women and men in PUCs
Management Boards is a significant indicator about the involvement of
women in the decision-making processes. The survey carried out by the
Ministry of Labor and Social Policy on womens ivolvement in Management
Boards indicates that their involvement is very low. In certain
municipalities, women do not even participate in the work of the
Management Boards, and in some other they are underrepresented. In
figures, of 68 surveyed municipalities, including the City of Skopje, 158
women are Board members versus 483 men. The share of women and men
in the decision making bodies is regulated by the legislation of the Republic
of Macedonia. The Law on equal opportunies between women and men
contains provisions that the share of both genders in committees and
boards, i.e. the decision making bodies, shall not be lower than 40%, at

34

national and local level41. The actual situation, however, indicates that
womens involvement is insufficient in the work of management boards and
that the legislation is not complied with.Womens involvement in the
decision making process is of great relevance to urban/rural neighborhood
self-government communities. Community priorities are highlighted and
discussed in these forms
of citizen organization
Womens involvement in PUCs
and
if
women
are
management boards and municipal
excluded from these, then
administration is neglected.
their needs and priorities
will not be heard, nor taken into consideration. The surveys indicate that
women do not have any leading positions such as that of a president of an
urban neighborhood self-government community. Out of 68 municipalities,
only in 13 of them women are presidents of urban/rural neighborhood
communities. An interesting example is the Municipality of Strumica, where
out of 25 urban neighborhoods, 24 are chaired by women, and only one is
chaired by a man.
5.2.2. Women as Municipal Councilors and Mayors
Either the number of women is very small, or there is not at all a
woman in the position of Mayor in the Republic of Macedonia. According
to the available data, in 2005 local elections, out of 18 women running for
the office, only one was elected in the position of Mayor, in the municipality
of Oslomey.42
And in the
None of the 82 Municipalities in the Republic of
2009
local
elections, no
Macedonia is run by a woman, and in 79
woman
municipalities womens share is lower than the
running for
minimum of 30%.
the
office
was elected.
Women representation in the Municipal Councils is an important indicator
of womens involvement in the public and political life, particularly if we
take into account the role of Councils where as places of relevant local
policy and decision making. The participation of women in Municipal
Councils is regulated by Law. The Election Code provides for an affirmative
measure that allows the participation of both genders in the operations of
the Councils (the same provision applies to the election of members of
41

Law on equal opportunities between women and men, Official Journal of RM nr.6/2012, 13 January
2012, Art. 7, para.3
42
Data obtained from Macedonian womens lobby.
35

parliament) i.e. it guarantees that both genders are represented in the

Municipal Council by at least 30%43. The percentage of women in the
councils at the last local elections was 27%. This percentage of women
participation in the policy and decision making processes does not
correspond with the expected outcomes of applying the Election Code and
the provision regulating the participation of women in Councils at local
level. Compliance with this provision should increase womens
involvement in the local government over 30%, resulting in an increased
number of women in Councils and their inclusion in the decision making
process at local level.
Specifically, over 41% of women are represented in three
municipalities, i.e. Municipal Councils (table 10a), from 31% to 40% in 24
municipalities (table 10b), from 21% to 30% in 32 municipalities (table 10c),
from 10% to 20% in 23 municipalities (table 10d), up to 10% in 2
municipalities (table 10e)44:
Table 10
Municipal Councils with over 41% female representation
Municipal Council
Percentage of women
Percentage of men
Demir Kapija
44%
56%
Krushevo
45%
54%
Rankovce
45%
54%

Table 10b
Municipal Councils with 31% to 40% female representation
Municipal Council
Percentage of women
Percentage of men
Bogovinje
31%
69%
City of Skopje
31%
69%
Kochani
31%
69%
Zhelino
32%
68%
Radovish
32%
68%
Arachinovo
33%
67%
43

Local Elections Law, (refined text) Official Journal of RM nr.45/07, 07 July 2004. According to
Article 22 of this law, every three positions, in the submitted Municipal Council Candidacy Lists,
belongs to the underrepresented gender. And in accordance with Article 29, after the submission of
these Lists, the election committee duly verifies them and makes sure they are in compliance with the
provisions of this law.
44
The data quoted in the tables are taken from the Research Information on womens participation in
political life at local level, with a focus on the number of Municipal Councilors, which was prepared
for the needs of the Government of the Republic of Macedonia by the Ministry of Local SelfGovernment in 2011
36

Berovo
Brvenica
Vasilevo
Vevchani
Vinica
Gradsko
Delchevo
Dojran
Zajas
Kratovo
Sveti Nikole
Staro Nagorichane
Karposh
Struga
Strumica
Aerodrom
Prilep
Novo Selo

33%
33%
33%
33%
33%
33%
33%
33%
33%
33%
33%
33%
35%
35%
37%
37%
37%
40%

67%
67%
67%
67%
67%
67%
67%
67%
67%
67%
67%
67%
65%
65%
65%
63%
63%
60%

Table 10c
Municipal Councils with 21% to 30% female representation
Municipal Council
Percentage of women
Percentage of men
Butel
21%
79%
Shuto Orizari
22%
78%
Kumanovo
24%
76%
Vrapchishte
26%
74%
Gevgelija
26%
74%
Gostivar
26%
74%
Kavadarci
26%
74%
Kichevo
26%
74%
Kriva Palanka
26%
74%
Ohrid
26%
74%
Tearce
26%
74%
Cair
26%
74%
Bogdanci
27%
73%
Bosilovo
27%
73%
Valandovo
27%
73%
Debarca
27%
73%
Demir Hisar
27%
73%
Ilinden
27%
73%
37

Krivogashtani
Makedonska
Kamenica
Makedonski Brod
Oslomej
Probishtip
Saraj
Bitola
Tetovo
Veles
Gazi Baba
Gorce Petrov
Kisela Voda
Centar
Stip

27%

73%

27%

73%

27%
27%
27%
27%
29%
29%
30%
30%
30%
30%
30%
30%

73%
73%
73%
73%
71%
71%
70%
70%
70%
70%
70%
70%

Table 10d
Municipal Councils between 10%, but not higher than 20% female
representation
Municipal Council
Percentage of women
Percentage of men
Drugovo
11%
89%
Zelenikovo
11%
89%
Konce
11%
89%
Lozovo
11%
89%
Novaci
11%
89%
Plasnica
11%
89%
Dolneni
13%
87%
Lipkovo
16%
84%
Mavrovo &Rostusa
18%
82%
Mogila
18%
82%
Petrovec
18%
82%
Pehcevo
18%
82%
Centar Zupa
18%
82%
Caska
18%
82%
Cesinovo-Oblesevo
18%
82%
Cucer Sandevo
18%
82%
Debar
20%
80%
Zrnovci
20%
80%
Jegunovce
20%
80%
Karbinci
20%
80%
38

Negotinno
Resen
Rosoman

20%
20%
20%

80%
80%
80%

Table 10e
Municipal Councils with less than 10% female representation
Municipal Council
Percentage of women
Percentage of men
Studenicani
6%
94%
Sopiste
9%
91%
The above data shows that only in 26 municipalities and the City of
Skopje the percentage of women is over 30%, i.e. council members, which
does not correspond to the expected effects of the application of Article 64,
paragraph 5 of the Election Code. The actual state indicates that most
probably, there are situations that before the verification of councilors
mandates, the women who were elected, gave up their mandates in the
interest of the next candidate in the political partys list for municipal
councilors, which indirectly derogates article 64, paragraph 5 of the
Election Code. Considering the complexity of the issue, this could be one of
the many reasons why female representation in municipal councils, that is,
in 25 municipal councils, is 20% or below that. 45
It is also worrying that in 25 municipalities, female representation is
below 20%. In two municipalities, this percentage is below 10%, meaning
low involvement of women in the decision making process, but also
inconsistent implementation of the legislation, that is, exclusion of women
from the decision making processes in these units of local self-government.
5.2.3. Committees on equal opportunies between men and women
The percentage of urban women is higher in their participation in
local initiatives and implementation. Also, their representation in the
decision making bodies is much higher compared to the involvement of
rural women. Womens status at local level is continually monitored by the
Committees on equal opportunities between men and women. These
committees are established in accordance with Article 14, para. 5 of the Law
on equal opportunities between women and men46within the Municipal
Councils, and a Coordinator for equal opportunities between women and
men is appointed among the civil servants in the municipal administration
45

Ministry of Local Self-Government, INFORMATION on women participation in the political life at

local level, with a special focus on the number of Municipal Councilor, June 2011, p. 5
46
Law on Equal Opportunities between women and men (Official Journal of RM, no.06/12, 13
January 2012)
39

(Article 14, para. 7). They are responsible to deliver reports on the work of
the Committee to the Ministry of Labor and Social Policy. Even though it is
a legal obligation, only a small number of municipalities have complied
with this and report on the situation.
The reports delivered in 2010 clearly show that the municipalities
allocate little or no funds at all targeted at the promotion of gender equality,
which would directly lead to the improvement of womens status in the
political and public life.47
A great portion of municipalities, assisted by the Ministry of Labor
and Social Policy, developed Gender Equality Local Action Plans in 2009,
which included actions aimed at the promotion of womens status at local
level and their greater involvement in the decision-making processes. But,
unfortunately, only a small portion of these planned actions is being
implemented.
None of the municipalities consisting of a greater percentage (20%) of
non-majority communities develops integrated programs for all municipal
commissions, particularly the Inter-Community Relations Commissions and
the Committee on equal opportunities between men and women.
5.3. Inclusion of women belonging to non-majority communities at
local level
In the absence of specific statistical data or records kept by the
authorities on monitoring the implementation of the Ohrid Framework
Agreement or by the institutions that monitor the participation of women
and men in all fields of society, and in order to reflect the actual situation,
the authors of this analyses were indirectly forced to obtain indicators that
would grasp the nearest picture to the realistic situation in the field.
5.3.1. The presence and role of women belonging to non-majority
communities in the local administration
At first were identified the municipalities with over 20% nonmajority population and which municipalities should have implemented
measures incorporating the provisions of the Ohrid Framework
Agreement.48

47

Ministry of Labor and Social Policy, Information on Governments conclusion regarding the findings
of the analysis on qualitative participation of women in the public and political life in the Units of local
self-government, including conclusions that will serve to overcome the eventually determined
weaknesses, November 2011, p. 8
48
State Statistics Office, 2002 Census, Population, households and dwellings Census in the RM, p. 34, 35
40

Table 11
Municipality
Butel
Cair
Suto Orizari
Brvenica
Vranestica
Vrapciste
Gostivar
Debar
Drugovo
Zelenikovo
Jegunovce
Kicevo
Krusevo
Kumanovo
Mavrovo & Rostusa
Petrovec
Sopiste
Struga
Studenicani
Tetovo
Caska
Cucer Sandevo

Number of majority
population
22506
36921
13342
9770
1033
21101
54038
11348
2784
2522
5963
16140
6081
63746
4394
4264
3404
36029
11793
60886
4395
4093

Number of nonmajority population

13648
127843
8675
6084
289
4298
27004
8194
465
1555
4827
13998
3603
41739
4269
4009
2252
27347
5453
25694
3278
4474

One of the mechanisms that monitor the implementation of OFA

provisions is the establishment of Inter-Community Relations Commissions
(CICRs). The following table shows the presence of these Commissions in
the municipalities with over 20% non-majority population and the presence
of women in these Commissions.

41

Table 1249
Municipality that has established a
CICR
Butel
Cair
Suto Orizari
Brvenica
Vranestica
Vrapciste
Gostivar
Debar
Drugovo
Zelenikovo
Jegunovce
Kicevo
Krusevo
Kumanovo
Mavrovo & Rostuse
Petrovec
Sopiste
Struga
Studenicani
Tetovo
Caska
Cucer Sandevo

Number of women in the CICR

1
1
1
2
0
1
1
0
0
0
1
0
0
2
0
0
0
4
0
1
0
0

Furthermore, the Departments of the Ministry of Local SelfGovernment carried out a municipal survey for their own needs from 2010
to 2011. This survey, inter alia, provided data on the employees ethnic
background
in
the
municipal administration.
The low number of women in municipal
However, it must be
councils results with symbolic or no
pointed out that this is a
general figure, and does
presence of women in CICRs.
not enable to identify the
number of non-majority women and men belonging to a certain community.
So, the following table (Table 13) gives and overview of the total figure; how

49

In order to provide a complete analysis of this publication, the author made phone calls to all
specified municipalities and as a result got the data in Table 12.
42

many women and men belonging to non-majority communities are

employed in the municipal administration.
Table 13
Municipal
administration

Total number
of employees

Total
number of
women

Butel
Cair
Suto Orizari
Brvenica
Vranestica
Vrapciste
Gostivar
Debar
Drugovo
Zelenikovo
Jegunovce
Kicevo
Krusevo
Kumanovo
Mavrovo &
Rostuse
Petrovec
Sopiste
Struga
Studenicani
Tetovo
Caska
Cucer Sandevo

44
61
17
21
12
43
71
49
15
10
18
87
31
109

20
21
6
8
3
7
0
10
8
5
7
34
13
45

24
50
11
13
9
36
71
39
7
5
11
53
18
64

Number of
nonmajority
members
employed
8
21
10
7
1
4
18
9
2
0
2
13
9
24

22

16

11

/
29
89
14
187
17
21

/
13
27
3
41
10
11

/
16
67
11
146
7
10

/
4
42
2
61
2
11

Total
number of
men

In the process of this analysis, and in order to get as complete picture

as possible on the womens status in the municipal administration, apart
from the data that have been recorded as inexistent, other data are missing,
too; for example an overview of municipal organograms, which clearly
show the positions of women belonging to the non-majority communities.
In the absence of more detailed information, their influence on the
work of the municipal administrations cannot be accurately ascertained. The
available data indicate that women belonging to non-majority communities
have been marginalized in the municipal administrations. This implies their
43

marginal or no role at all in the municipal administrations. According to

this, it can be concluded that the implementation of OFA provisions at local
level does not live-up to the desired outcomes.
5.4. The presence and role of women belonging to non-majority
communities in the local government
The following table (Table 14) gives an overview of the Municipal
Councils and the number of women-representatives of non-majority
political parties.
Table 14
Municipality that has
established a CICR
Butel
Cair
Shuto Orizari
Brvenica
Vranestica
Vrapciste
Gostivar
Debar
Drugovo
Zelenikovo
Jegunovce
Kicevo
Krusevo
Kumanovo
Mavrovo & Rostusa
Petrovec
Sopiste
Struga
Studenicani
Tetovo
Caska
Cucer Sandevo

Number of women representatives of

non-majority communities in Municipal
Councils
1
1
1
2
0
1
1
0
0
0
1
0
0
2
0
0
0
4
0
1
0
0

44

5.5. Conclusions
Womens participation in the public and political life at local level is
an important indicator of the gender equality in this area. Situation analysis
in the Republic of Macedonia indicates that womens involvement in the
decision making processes is still underrepresented, at local level, i.e. it is
not satisfactory and not within the expected outcomes deriving from the
current legislation in force.
There is yet no systemic knowledge, at local level, on the dimensions
and characteristics of gender balance with all relevant stakeholders (local
government institutions, local authorities, councilors, local administration).
There is no empathy to incorporate the gender concept in the local
programs and policies, or to promote this issue by the local authorities. The
commitment of local authorities on the issue of gender balance is poor and
actually declarative.
Local Action Plans should be in harmony with the national
mechanisms that guarantee gender balance/equality and equitable
representation and should represent core strategic documents for the local
self-government, which will define the primary goals and aims to promote
the status of women belonging to non-majority communities, at local level.
However, these Municipal Local Action Plans should have an allocated
budget to implement various activities. Besides the budget, the plans should
also have measurable indicators, which will measure the performance of the
gender equality projected actions and the desired outcomes.50
In order to improve the economic status of women locally, the Local
Economic Departments/Offices (LED), should incorporate the gender
concept in their strategic documents, development plans and projects, and
the municipalities with higher percentage of non-majority communities,
should incorporate the OFA provisions in the operations and functioning of
the unit of local self-government.
Local Governments commitment to this issue would advance
gender equality at local level, and the establishment of balance between
women and men would lead to increase of women participation in the
public and political life and more involvement in the decision making
processes. This is even more significant when viewed through the prism of

50

Ministry of Labor and Social Policy, Research Information on the conclusion of the Government of
Republic of Macedonia regarding the findings of the qualitative women participation analysis in the
public and political life in the units of local self-government, and conclusions which will be used to
overcome the eventually determined weaknesses, November 2011, p. 10
45

the position of the members of non-majority communities whose

involvement in political and social trends will have added value.
In the consolidation of the relevant data on this analysis, we can
conclude that detailed analyses and reports on the womens status are
missing, bearing in mind the inter-ethnic relation in the country. There are
not any data categorized by ethnicity that would reflect how and to which
extent these changes (since the implementation of OFA) have an impact on
women participation in local government, their involvement in the
decicison making processes, as well as the effect the already adopted laws
have and the implementation of active policy measures on the life and
status of women belonging to various ethnicities at local level.
Judging by what we refer to available data, deficiencies in the work
coordination are apparent between the Committee on Equal Opportunities
and the Commission on Inter-Community Relations in the respective
municipalities. Operational Programs of both Committees and the legal
framework do not foresee their synchronized operation.

46

5.6. Recommendations

Legal provisions on equal opportunities between men and women

allow general monitoring of the situation regarding womens
involvement in the society, but no specifically the women
population to which refer the measures initiated with the
decentralization process and the implementation of OFA provisions.
Hence, amendments and addendums to the Law on equal
opportunities regarding the monitoring of womens status of nonmajority communities would give a more complete picture and the
situation would suggest taking necessary action.
Keeping aligned activities, doing adequate cross-analyses and
adoopting operational programs, which would consider the
community gender equality and equitable representation concepts as
horizontal issues in the policy making process at local level, and
setting priorities that would allow complete monitoring of the
situation. This would further contribute to uncovering this grey
corner of the decentralization process, and complete assessment of
the impact nade by the implementation of OFA provisions and
promote the status of women of all communities in the Republic of
Macedonia.
A coordinated collaboration is needed with the non-governmental
organizations working in the promotion of gender equality and
equitable representation at local level.

47

48

6. NON-DISCRIMINATION

49

50

6.1.

Introduction

The principle of equality is the fundamental principle of human

rights, which is based on equal value and dignity of all human beings. This
principle is articulated in all international and regional human rights
instruments, and is a key principle to the Ohrid Framework Agreement
(OFA), in conjunction with the equitable representation principle (Article
4)51. Conceptually, equality and prohibition of discrimination can be seen as
positive and negative formulation of the same principle. The principles of
equality and prohibition of discrimination embedded in the OFA and then
translated into constitutional and legal amendments, as well as the program
measures not only require equal treatment to similar situations, but also
different treatment to inequal situation. Furthermore, it underlines the
objective of legislation, including anti-discrimination, and it is not only the
equal opportunities, but also the equality of the result itself.
6.2. Legal and political framework
The legal definition of the term discrimination means the unequal
treatment based on certain personal attributes or characteristics, i.e.
discriminatory grounds, including unfounded classifications and
differentiations in a given legal context. Discrimination on grounds of, inter
alia, ethnicity and sex/gender may be intentional or unintentional, may be a
result of individual actions or a particular state policy, and can also be part
of a legislative framework. However, whatever be this discrimination, it
always includes in itself different, less favorable treatment towards persons
belonging to a certain ethnic group or sex/gender, unlike the other
members of society who do not belong to this group.
6.2.1. International standards
International standards clearly state that any distinction on the basis
of ethnicity and gender/sex made in the legislation, as well as in practice,
does not constitute per se discrimination. However, the basic premise that
this standard builtson is that having a certain ethnicity or gender/sex (as a
personal characteristic) or both, it should not be taken in itself as an
indicator of the capabilities and capacities of the individual or the group
he/she belongs to.

51

Article 4 of the Ohrid Framework Agreement states: 4.1. The principle of non-discrimination and
equal treatment of all under the law will be respected completely. This principle will be applied in
particular with respect to employment in public
administration and public enterprises, and access to public financing for business development..
51

Discrimination has many manifestations, but often it is manifested

as a direct or indirect discrimination. Harrasment and instruction are among
the newer manifestations of discrimination, which are primarily represented
in the EU Anti-discrimination Legislation52.
Considering the target group of this analysis, it is interesting here to
look at the multiple discrimination. Namely, a person often includes more
protective features and can easily be assumed that unequal treatment can
occur simultaneously on multiple grounds. For example, a woman
belonging to an
ethnic community
Experience indicates that for multiple
can be ignored her
discrimination on grounds of ethnicity or
cultural, religious
gender/sex is hard to establish certain
or language needs
policies and legal remedies
while
she
is
provided a service.
Such cases are considered multiple discrimination i.e. discrimination on
more than one ground, which do not consist of only the sum of two
discriminatory grounds, but the result itself that is quantitatively different,
i.e. synergetic. Therefore, due to this synergetic nature of multiple
discrimination, it is very difficult to crystallize certain policies and legal
remedies for this phenomenon. Republic of Macedonia is no exception to
this trend.
6.2.1.1. International legal instruments and mechanisms
Within the United Nations, the issue of discrimination on grounds of
ethnicity or gender/sex is included partially or in: International Covenant
on Civil and Political Rights53, International Covenant on Economic, Social
and Cultural Rights54, International Convention on the Elimination of All

52

See: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for
Equal Treatment in Employment and Occupation, [2000] OJ L 303/16, article 2 para. 3 and para. 4;
Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin, Official Journal L 180, article 2 para.3 and para. 4; Council
Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of eqial opportunities and
equal treatment of man and women in matters of employment and occupation (recast), [2006] OJ L
204/23, article 2 para. 1 line and line b; and Council Directive 2004/113/EC of 13 December 2004
implementating the principle of eqial treatment between man and women in the access to and supply of
good and services, [2004] OJ L 373/37, article 2 line g.
53
See: International Covenant on Civil and Political Rights (ICCPR), G.A. Res. 2200A (XXI), U.N
GAOR, Supp. No.16 at 52, U.N. Doc. A/6316 (1966), article 2 para. 1, and article 26. Additionally
see: CECPR General comment 18: Non-discrimination, UN Doc. A/45/40, Vol.I, 10 November 1989,
para. 13.
54
See: International Covenant on Economic Social and Cultural Rights - ICESCR, G.A. Res. 2200A
(XXI), U.N GAOR, Supp. No.16 at 49, U.N. Doc. A/6316 (1966), article 2, para. 2.
52

Forms of Racial Discrimination55, Convention on the Elimination of All

Forms of Discrimination against Women56 and Convention on the Rights of
the Child57. All of the above legal instruments have been ratified by the
Republic of Macedonia and in accordance with Article 118 of the
Constitution58 they represent part of the domestic legal order.
Convention on the Elimination of All Forms of Racial Discrimination
(CERD) exclusively refers to the racial discrimination, which by definition
includes also the discrimination, inter alia, on grounds of national and
ethnic origin (article 1 para.1). Additionally, this Convention sets
obligations for the states to take action for prevention and elimination of
racial discrimination and to take measures on affirmative action (article 1-7).
In cases of discrimination the link between ethnicity and gender/sex is very
important, which is explicitly noted by the CERD General Recommendation
No.25 in 2000 Gender related dimensions of racial discrimination59. In its
regular reporting, the conclusions of the Committee on the Elimination of
Racial Discrimination are very important regarding the 4th and 7th periodic
report for the Republic of Macedonia on the 2007 CERD implementation.60
Namely, the Committee welcomes the implementation of the Ohrid
Framework Agreement; but makes constructive criticism on, inter alia, the
drop out rate of Roma pupils in primary education; and Albanian and
Turkish students in the secondary and higher education institutions
(paragraph 17 and 18).
A second Convention which is extremely important in dealing with
discrimination on grounds of gender is the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW). Namely, this
Convention, inter alia, is concerned with the special nature of women
discrimination and the different instruments necessary to deal with it. When
we refer to the discrimination on ground of gender/sex, we should also
55

See: International Convention on the Elimination of All Forms of Racial Discrimination (CERD),
G.A. Res. 2106 (XX), U.N GAOR, Supp. No.14 at 47, U.N. Doc. A/6014, 1966, article 1.
56
See: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
G.A. Res. 34/180, U.N GAOR 34th Sess., Supp. No.46 at 193, U.N. Doc. A/34/46, 1981, article 1 & 2.
57
See: Convention on the Rights of the Child (CRC), G.A. Res. 44/25, U.N GAOR 44th Sess., Supp.
No.49 at 16, U.N. Doc. A/44/49 (1989), article 2.
58
See: Contitution of Republic of Macedonia, Official Journal of RM, no.52/1991, 22 November 1991,
article 118.
59
See: CERD General Recommendation No. 25: Gender related dimension of racial discrimination,
Gen.Rec.No.25, 20 March 2000. According to this recommendation, there are conditions in which
racial discrimination affects completely or partially on women, or affects to a different degree or in
different ways than men. This unique and specific impact on women should be taken into account
when elaborating different policies, during which one could use the analysed and broken down data on
gender/sex or ethnicity. Additionally see: CERD General Recommendation No. 27: Discrimination
against Roma, Gen.Rec.No.27, 16 August 2000, para.6.
60
See: Concluding observations of the Committee on the Elimination of Racial Discrimination, UN
Doc. CERD/C/MKD/CO/7, 13 June 2007.
53

consider the 2010 CEDAW General Recommendation No.2861, which says

that: The discrimination of women based on sex and gender is inextricably
linked with other factors that affect women, such as, iner alia, race,
ethnicity.....Discrimination on the basis of sex or gender may affect women
belonging to such groups to a different degree or in different ways than
men. States parties must legally recognize and prohibit such intersecting
forms of discrimination and their compounded negative impact on the
women concerned. In its regular reporting, the conclusions of the
Committee on the Elimination of Discrimination against Women are very
important regarding the 1st and 3rd periodic report for the Republic of
Macedonia on the 2006 CEDAW implementation62, as weel as the 4th and 5th
periodic reports for the Republic of Macedonia on the 2011 CEDAW
implementation63. Namely, CEDAW questions the court practice in dealing
with cases of gender discrimination (paragraph 11 and 16) and expressed
concerns on the vulnerable and disadvantaged status of the women of
ethnic communities, particularly the Roma and Albanian women, and
required from the Republic of Macedonia to implement effective measures
for the elimination of discrimination against them (paragraph 27 & 28).
6.2.1.2. Regional legal instruments and mechanisms
At regional level, the prohibition of discrimination is explicitly set
forth in article 14 of the European Convention on Human Rights and
Freedoms64, which includes both gender and national minorities background as
protective features. As for the judicial practice, it should be stressed that it is
well developed in the field of discrimination on the grounds of ethnicity 65
and gender66, however, the same opinion is not shared when these two
grounds are intertwined. This is so because the anti-discrimination clauses
are still monolithically designed, i.e. they see the discrimination as a single
problem. In addition, Article 14 of discrimination is discussed in Protocol 12
to the Convention for the Protection of Human Rights and Fundamental
61

See: CEDAW General Recommendation No. 28 on the core obligations of States parties under
article 2 of the Convention on the Elimination of All Forms of Discrimination against Women,
CEDAW/C/GC/28, 16 December 2010, para. 18.
62
See: Concluding comments of the Committee on the Elimination of Discrimination against Women,
UN Doc. CEDAW/C/MKD/CO/3, 3 February 2006.
63
See: Committee on the Elimination of Discrimination against Women, Combined fourth and fifth
periodic report, UN Doc. CEDAW/C/MKD/4-5, which is going to be reviewed at the 54th Committee
session that is going to be held in February 2013.
64
See: European Convention for the Protection of Human Rights and Fundamental Freedoms.
Republic of Macedonia ratified this Convention on 10 April 1997.
65
See: ECtHR, D.H. and Others v. Czech Republic case, App No.57325/00, Grand Chamber
Judgement, 13 November 2007; ECtHR, Timishev v. Russia case, App Nos. 55762/00 and 55974/00,
paragraph 58; ECtHR, Nachova and Others v. Bulgaria case, App Nos. 43577/98 and 43579/98,
Grand Chamber Judgement, paragraph 145; ECtHR, ei v. Croatia case, App No. 40116/02.
66
See: ECtHR, Unal Tekeli v. Turkey case, App No. 29865/96.
54

Freedoms67, which prohibits discrimination, inter alia, against ethnicity and

gender. The Protocol 12 clause applies to all rights that are guaranteed to
the citizens in the domestic legal system.
The Framework Convention for the Protection of National
Minorities68 is the key document in the Council of Europe, which in
accordance with Article 4, paragraph 1 binds the states signatories to
guarantee the national minorities members equality before law and equal
legal protection. In addition to this, Article 4, paragraph 2 of the Convention
provides for taking affirmative action to promote the status of the national
minorities. In the regular reporting on this Convention, the concluding
opinions of the Advisory Committee on the Framework Convention for the
Protection of National Minorities are crucial, especially the last one, the 2011
third opinion on the Republic of Macedonia69. This opinion is the basis for
the adoption of Resolution CM/ResCMN(2012)13 of the Committee of
Ministers and the adoption of the Law on Prevention and Protection against
Discrimination.70 In fact, the Advisory Committee welcomes the adoption of
the Law on Prevention and Protection against Discrimination71 and the
establishment of the Anti-Discrimination Committee. However, it states that
there are cases of discrimination against Roma, and special attention should
be paid to the needs or Roma women, as well as the women of other ethnic
communities (paragraphs 22, 25, 60 and 69). In addition, the Advisory
Committee
recommended
Republic of Macedonia is criticized by the
the country to
International Organisations because it does not
work actively in
take sufficient action to advance the status of
the improvement
women of ethnic communities who suffer from
of the status of
double discrimination.
Roma
women
and girls via the implementation of an Action Plan to advance the status of
Roma women (paragraph 73).

67

See: Protocol No.12 to the Convention for the Protection of Human Rights and Fundamental
Freedoms, ETS No.177. Republic of Macedonia ratified this on 13 July 2004. Additionally see:
ECtHR, Sejdi and Finci v. Bosnia and Hercegovina case, No.27996/06 and No.34836/06, 22
December 2009.
68
See: Framework Convention for the Protection of National Minorities, CETS No. 157, 1 February
1995. Republic of Macedonia ratified this Convention on 10 April 1997.
69
See: Advisory Committee on the Framework Convention for the Protection of National Minorities,
Third opinion on the former Yugoslav Republic of Macedonia adopted on 30 March 2011,
ACFC/OP/III(2011)/001, 7 December 2011.
70
See: Resolution CM/ResCMN(2012)13 on the implementation of the Framework Convention for the
Protection of National Minorities by the former Yugoslav Republic of Macedonia, adopted by the
Committee of Ministers on 4 July 2012 at the 1147th meeting of the Ministers Deputies.
71
See: Law on Prevention and Protection against discrimination, Official Journal of RM, no.50/2010,
13 April 2010.
55

In addition, the standards set by the European Commission against

Racism and Intolerance (ECRI), are very important for the Republic of
Macedonia. The ECRI takes into account the multiple discrimination,
particularly that of Roma women and Muslims72. In its statutary activities,
ECRI delivered its fourth report, in 2010, on the Republic of Macedonia73
which states that: the situation of Roma women, who are at risk of double
discrimination, is particularly worrying (paragraph 90).
The same concerns are articulated in the report of the Human Rights
Commissioner on his visit to the Repoblic of Macedonia in 200874. In fact,
the vulnerability of women belonging to ethnic communities is pointed out,
who suffer from double discrimination, as well as from pressure from
within their community (paragraph 103).
In addition to the Council of Europe, standards set by the EU antidiscrimination legislation are very important, too. In relation to the multiple
discrimination on grounds of ethnicity and gender/sex, we must
unavoidably mention the Charter on Fundamental Rights, Directive
2000/43/, and the two gender directives (2004/113/ and
2006/54/).75 As for the multiple discrimination on grounds of ethnicity
and gender, paragraph 14 of the Directives Preamble 2000/43/ clearly
states that in implementing the principle of equal treatment regardless of
race or ethnicity, the Community should aim at eliminating the inequalities
and promote equal treatment for men and women, particularly because
women often suffer from multiple dicrimination. All of the above
standards played an enormous role in the formulation of the antidiscrimination legislation in the Republic of Macedonia because as a
candidate-state to the EU, it must align its legislation to the EU acquis. The
2011 EC Progress Report on Macedonia in the process of EU approximation
welcomes the adoption of the Law on Prevention and Protection against
Discrimination and the set up of the Committee on protection against
discrimination, but on the other hand it says that: the [d]iscriminatory
customs, traditions and stereotypes are widely apparent and endanger the

72

See: ECRI General Policy Recommendation No.3, Combating racism and intolerance against
Roma/Gypsies, CRI(98)29, adopted on 6 March 1998; ECRI General Policy Recommendation No.5,
Combating intolerance and discrimination against Muslims, CRI(2000)21, adopted on 16 March 2000;
ECRI General Policy Recommendation No.13, Combating anti-Gypsyism and discrimination against
Roma, CRI(2011)37, adopted on 24 June 2011.
73
See: Report on the former Yugoslav Republic of Macedonia (fourth monitoring cycle), adopted on
28 April 2010 and published on 15 June 2010, CRI(2010)19.
74
See: Report by the Commissioner for Human Rights Mr.Thomas Hammarberg on his visit to the
former Yugoslav Republic of Macedonia, CommDH(2008)21, 11 September 2008.
75
See: Z.Poposka,
, Phd dissertation, St. Cyril and Methodius University, Faculty of Law Justinian I,
Skopje, 2012 , pp.155-161.
56

fundamental rights of women. ... The Roma women and girls still suffer
from double, ethnic and gender discrimination76.
6.3. Legislation of the Republic of Macedonia
As far as the legislation is concerned, the Republic of Macedonia, in
the past years, devised an anti-discrimination legal framework, which can
be considered as a relatively solid basis for enabling judicial practice.
The Constitution of the Republic of Macedonia, in article 9, contains a
general equality clause, which has been criticized a lot as such.
Additionally, besides this criticism, the Constitutional Court has criticized
this clause as restrictive for many years, which has been declared for
incompetent in almost all cases of alleged discrimination.77
For these reasons, the national legislation began explicitly to prohibit
discrimination in general, including on grounds of ethnicity and gender/sex
by adopting several legal acts78, which culminated in 2010 by adopting the
Law on Prevention and Protection against Discrimination. These laws
explixitly prohibit all forms of discrimination, including the direct, indirect,
harassment and instruction made by private and legal persons, both in the
public and private sector. Authors opinion is that the protection against
discrimination on grounds of ethnicity and gender/sex, slowly but surely
takes its rightful position in the Macedonias society. Unfortunately, lack of
judicial practice and the quasi-judicial is a significant barrier to explaining
the application of these legal principles.
When referring to discrimination on grounds of ethnicity and
gender/sex, there are two legal texts that require particular mention. The first
one is the Law on Prevention and Protection against Discrimination, which
allows easier legal protection, inter alia, to persons of different gender/sex
and ethnicity, if they have been subject to alleged discrimination (article 3).
76

See: European Commission, The Former Yugoslav Republic of Macedonia 2011 Progress report,
SEC(2011) 1203 final, Brussels, 12 October 2011, p.18 and 63 (in the English version).
77
For further information on these cases see:
1 2011 31 2011 , Skopje, February 2012, pp.7-12 and
pp.32-34.
78
See: Criminal Code, Official Journal of RM, no.37/1996, 80/1999, 4/2002, 43/2003, 19/2004,
60/2006, 73/2006, 139/2008, 114/2009 and 135/2011, article 137, article 319 and article 417; Law on
Courts, Official Journal of RM, no.58/2006, 35/2008 and 150/2010, article 3 p. 1 item 3, article 6 p. 1
and article 43 p. 1; Law on Primary Education, Official Journal of RM, no.103/2008, 53/2010,
116/2010, 156/2010, 18/2011 and 51/2011, article 2; Law on Secondary Education, Official Journal of
RM, no.52/2002, 113/2005, 30/2007, 49/2007, 81/2008, 92/2008, 116/2010 and 156/2010, article 3;
Law on Higher Education, Official Journal of RM, no.35/2008, 103/2008, 26/2009, 83/2009, 99/2009,
115/2010, 17/2011 and 51/2011, article 108 p. 5; Law on Equal Opportunities betweenWomen and
Men, Official Journal of RM, no.6/2012; Law on labor Relations, Official Journal of RM, no.62/2005,
106/2008, 161/2008, 114/2009, 16/2010 (consolidated text), 50/2010, 52/2010, 158/2010 (consolidated
text) and 47/2011, article 6.
57

This Law prohibits all forms of discrimination in both the private and public
sector, in the field of employment and labor relations, education, access to
goods and services, housing, healthcare, social protection, administration,
judiciary, science, sport, membership on union organizations, political parties
and civil organizations and other fields, accordingly (article 4). Additionally,
article 12 of this Law provides for the multiple discrimination as more severe
form of discrimination, i.e. a person being simultaneously discriminated
against on more than one basis. This Law also envisages the establishment of
an equality body Committee on Protection against Discrimination and
regulates its procedure (article 16-33).
The second legal texts is the Law on Equal Opportunities between
men and women, which aims at sorting out the basic and special measures
to enable equal opportunities berween women and men. It has a wider span
of protection, and it is applied both in the public and private sector (article
3). It explicitly sets forth protection against discrimination and harassment
on grounds of gender (article 3 p.3) and ethnicity (article 3 p. 6) as
protection basis. In addition, this Law stipulates the procedure on verifying
unequal treatment of men and women, as well as the duties and
responsibilities of the Legal Representative on equal opportunities between
women and men (article 21-32).
The legal framework in this field ha been supplemented by: the
2012-2015
National Strategy
In 2010, the Law on Prevention and Protection
on Equality and
against Discrimination was adopted in the
Nondiscriminatio
Republic of Macedonia for the first time, hence
n79,
2007-2012
the Committee on Protection against
National Action
Discrimination
Plan on Gender
Equality80, as well
as the 2005-2015 Roma Inclusion Decade and its action plans, including the
two National Action Plans to promote the social status of the Roma women
in the Republic of Macedonia, 2008-2010 and 2011-201381.

79

See: National Strategy on equality and non-discrimination on grounds of ethnicity, age, mental and
physical disability and gender 2012-2015, May 2012.
80
See: National Action Plan on gender equality 2007-2012, May 2007.
81
See: National Action Plans to promote the social position of the Roma females in the republic of
Macedonia, 2008-2010 and 2011-2013.
58

6.4. Institutional framework on protection against discrimination

Institutions that play an important role in protection against
discrimination on grounds of ethnicity and gender/sex, and in the
promotion of the principle of equality: the Committee on protection against
discrimination, the Ombudsperson responsible for filing actions on
determining unequal treatment of women and men.
The Committee on Protection against Discrimination is an equality
body in the Republic of Macedonia. It is set up as an independent,
autonomous body in accordance with the Law on Prevention and Protection
against Discrimination, which is competent for both the public and private
sector. According to article 24 of the same Law, the Committee has extensive
responsibilities aiming at promoting the equality and preventing the
discrimination.
According to the Constitution (article 77 p.2) and the Law on the
Ombudsperson82, he is responsible, inter alia, to protect the
nondiscrimination principle. In this context, the Ombudsperson as an
independent and autonomous body provides for legal protection to the
alleged victims of discrimination by receiving and processing complaints on
alleged discrimination, including discrimination on grounds of ethnicity
and gender. To this end, a special department for protection against
discrimination and equitable representation has been set up.
In order to implement the Law on equal opportunities between women
and men, and within the Section for promotion of gender equality at the
Department for equal opportunities of the Ministryof Labor and Social
Policy, a Legal Representative has been established, who is responsible for
iniationg procedures to determine unequal treatment of women and men.
According to the Law, as basis for discrimination are considered: inter alia
gender/sex, and ethnicity, bearing in mind the possible multiple
discrimination, too. The Legal Representative initiates a procedure based on
the lodged complaint and formulates a written opinion which includes
recommendations to overcome the situation (article 21-32).
6.5. Situation assessment
Nowdays, discrimination on grounds of ethnicity and gender/sex is
a phenomenon appearing in all areas of societal life, and the government
should take active measures to deal with it. Public opinion surveys indicate
that even 33.5% of the adult Macedonias population believes to have been
82

For further information see: Law on the Ombudsperson, Official Journal of RM, no.60/2003 and
114/2009, Article 2.
59

victims of discrimination or harassment in the past 12 months (8% out of

which on grounds of ethnicity and 3% on grounds of gender/sex). The
perception of discrimination on grounds of ethnicity and gender/sex is very
high, i.e. 54% of the respondents believe that discrimination on ground of
ethnicity often happens in our society, and 44% of the respondents believe
that discrimination on ground of gender/sex is often. When adding to this
over half the number of surveyed citizens (51%), who believe that
discrimination on many grounds often happens and a total of 55.6% of the
respondents that are not aware of their rights in case of discrimination83, we
get a very worrying situation.84
6.5.1. Overview of reported cases of discrimination on grounds of
ethnicity and gender/sex
In 2011, out of the total number of lodged complaints to the
Ombudsperson, only 42 (0.99%) refer to discrimination cases, of which
35.71% refer to alleged discrimination on ground of ethnicity85. There are no
data on how big is the number of cases referring to alleged discrimination
on ground of gender/sex, nor any data on multiple discrimination on
grounds of ethnicity or gender/sex.
Table 15. Overview of reported discrimination cases to the Ombudsperson
(2007-2009) on grounds of ethnicity and gender/sex86
Grounds
gender/sex
ethnicity
Multiple (gender/sex
and ethnicity)
Total

2007
1
3

2008
2
11

2009
1
9

Total
4
23

Violations
1
6

13

10

27

Yet, the Ombudsperson determined that discrimination is present in

all areas of societal life, however for this reporting year is characteristic that
the complaints are interlinked with the exercise of labor relations rights on
grounds of discrimination against political affiliations, that is, belief and on
grounds of ethnicity. Unfortunately, the gender element is not included.
83

For additional information see: V. Petrovska Beshka, M. Najcevska, :

, Macedonian Center for International Cooperation, 2009.
84
See: S.Klekovski, A.Krzalovski,
, Macedonian Center for International Cooperation, 2011.
85
For more information see: 2011 .
86
See: A.Krzalovski, E.Andreevska, V.Latifi, R.Ali Cupi, M.Kamberi, V.Misev,
, , OSCE Spillover Mission to Skopje,
Skopje, December 2010, pp.40-41.
60

Table 16. Overview of reported discrimination cases to the Ombudsperson

(2010-2011) on grounds of ethnicity and gender/sex87
Grounds
gender/sex
ethnicity
Multiple (gender/sex and ethnicity)
Total

2010
9
9

2011
14
14

Total
23
23

Violations
-

On the other hand, the Committee on Protection against

Discrimination has received a total of 60 complaints in 2011, of which only
13 refer to alleged discrimination on grounds of ethnicity and only 9 refer to
alleged discrimination on grounds of gender/sex.88 Ditto, no cases of
multiple discrimination on grounds of ethnicity and gender/sex were
recorded.
Table 17. Overview of reported discrimination cases to the CPD (2011) on
grounds of ethnicity and gender/sex
Grounds

2011
9
13
0
22

Gender/sex
Ethnicity
Multiple (gender/sex and ethnicity)
Total

Violations
0
1
0
1

Finally, the Legal Representative responsible for initiating

procedures to determine unequal treatment of women and men, since the
establishment of this institution up to date, has received only 7 complaints89,
of which only 1 refers to alleged discrimination on ground of gender
intersected with the ethnicity of the complainant90. None of these cases was
discriminatory.

87

See: 2011 . And:

2010 .
88
In 2011, 60 complaints were lodged by 43 individuals and 11 associations, and in five cases was
established discrimination on different grounds. The complainants were mostly Macedonian (32
people), Albanian (4 people), Serbian (3 people), Roma (2 people), Bosnians (2 people) and Turkish (1
person). 26 out of which are men and 17 women. For further information see:
2011 .
89
In four out of seven cases the Legal Representative didnt establish a violation to the right on
grounds of gender. See:
, Ministry of Labor and Social Policy, Skopje, June 2011, p.21.
90
The Legal Representative has registered 3 cases in the fields of social protection, healthcare and
employment. As for the complainants, they are all ethnic Macedonians, two men and one woman.
Information obtained in the interview with the Legal Representative Mrs. Lence Kocevska (21 August
2012). The author has the remarks on it.
61

Table 18. Overview of reported cases to the Legal Representative

responsible for initiating procedures to determine unequal treatment of
women and men (2010-2012) on ethnicity and gender/sex discriminatory
grounds
Grounds
Gender/sex
Multiple (gender/sex and
ethnicity)
Total

2010
1

2011
1

2012
-

Violations
0

Even though there are three mechanisms available for protection

against discrimination on grounds of ethnicity and gender/sex, there has
not yet been determined a single discrimination case, and the reporting of
these cases is inconsiderable. The small number of recorded and solved
cases diminishes the relevance of this assessment and unables making
conclusion of more general significance. However, the inexistence of these
cases should not lead to a conclusion that actually this type of
discrimination is inexistent, but the answer should be sought at nonawareness of citizens on this type of discrimination, as well as the available
instruments for protection.
6.6. Analysis of respective areas and current issues
6.6.1. Employment
The key document and framework that defines the employment
policy is the 2015 Employment National Strategy (NSV)91, which apart from
the set priorities, also includes the growth of employment rate of women
from 34% in 2010 to 42% in 2015, particularly stressing the inactivity of
women belonging to the Albanian, Roma and Turkish communities. In fact,
the labor market is still characterized by a low level of women activity. The
reasons for this low women activity which is lower than 27.2 p.p in contrast
with the men are the low level of education, their traditional role in the
family, and the insufficient number of kindergartens. The same reasons are
more obvious with the ethnic communities. Analyses show that in the
absence of core criterion, encouraging measures and other support
mechanisms inter alia for the women of ethnic communities, the active
employment policy measures are not going to achieve the set goals92, hence
marginalizing these groups further.
91

See: Republic of Macedonia National Employment Strategy 2015 (), Ministry of labor and
Social Policy, Skopje, August 2011.
92
See: A.Jovanoviq, V.Jovanova, N.Maleska-Sacmaroska, S.Markovska, -
,
Ministry of Labor and Social Policy and UNIFEM, Skopje, 2009.
62

As envisaged in the NSV, the pre-school institutions play a great role

in respect to equally increasing the possibilities of women for labor market
inclusion. To illustrate, in the responsible gender budget of the Municipality
of Tetova, it is mentioned that in 2008 alsmost 78% of female population
over 15 years of age is economically inactive. An important reason why
women do not look for jobs is their traditional way of thinking about their
role in the family, as a responsible person to take care of their kids and the
elderly and managing the family. This, however, results in the low
attendance of kindergartens by the children of the Roma, Albanian and
Turkish communities. In fact, it is clearly perceived that the ethnic structure
of children who attend kindergartens in the Municipality of Tetova does not
fit in the total population structure of the Municipality.93 Based on all this,
the women of ethnic communities suffer from prejudice and stereotypes
both within and out of their communities. Precisely for this there is the antidiscrimination legislation in place to facilitate the process of overcoming
these practices via the revision of actual sterotypes and prejudice that
particularly affect these women.
6.6.2. Education
A great number of reports by international organizations such as
CEDAW, CERD, Advisory Committee of the Framework Convention and
ECRI, mentioned above state that women of ethnic communities,
particularly ethnic Albanian, Turkish and Roma women, are a specific
category of vulnerable groups in relation to inter alia access to education. In
fact, research94 indicates that a considerable percentage of illiteracy among
the Roma population, the number of illiterate women is higher than the
number of men, which suggests unequal treatment in the education process
for the Roma women. In addition, school drop-outs by the Roma female
pupils both in urban and rural areas are highlighted. When considering the
state policy to the introduction of compulsory secondary education, we can
come to a conclusion that the state should aim at taking affirmative
measures particularly for these target groups in order to retain them in the
education process and thus guaranteeing their right to education.

93

See: N.Ilievska, V.Jovanova, M.Memeti, A.Mickovska-Raleva,

O , United Nations Development Fund for Women (UNIFEM),
Skopje, 2010, p.64-65. A large number of kids that attend kindergartens are of Macedonian
background (62%), then Albanian (29.1%) and Roma (3.7%), whereas based on the demographic
structure of Tetovo: 70.3 % are ethnic Albanians, and the ethnic Macedonians comprise 23.2%.
94
See: B.Pavlovski, ,
, Association of Emancipation, Solidarity and Equality of Women
in RM ESE, Skopje, 2008.
63

6.6.3. Access to serviced provided by the state institutions

The double discrimination agains the Roma women is apparent in
the access to services provided for by the state institutions. Namely, the data
received from public opinion surveys indicate discrimination against the
Roma females by the civil servants. In addition, prejudice has been observed
by the civil servants, which have been verified by the fact that 58.7% of the
surveyed Roma females claim that the civil servants have different
approach towards them and the other communities. It is interesting to
observe that following the alleged discrimination, a great number of the
surveyed have not taken any action (40%), and the number of those who
take action to their superiors (7%) and to court (1%) is too low.95
It is very important to overcome this situation because the civil servants
should serve as role models and therefore they should operate without any
discrimination against all citizens in accordance with the legal regulations
and code of ethics in the state administration.

95

See: M.Grizo, S.Shabanovska, S.Shaban, ...,

,
, Ministry of Labor and Social Policy and the UNIFEM, Skopje, 2009, p.54.
64

6.7. Conclusions and recommendations

- Protection against multiple discrimination on grounds of ethnicity
and gender/sex envisaged in the anti-discrimination legislation is relatively
solid, but not as a result of the OFA. However, lack of judicial practice and
existence of quasi-judicial practice is a significant barrier to explaining the
application of this legal principle set forth in the legislation.
- The existence of legislation in itself does not achieve the set goal
equal opportunities and equality of the result itself. Legislation should be
accompanied by other additional measures, such as: awareness raising and
capacity building aimed at the respective institutions.
- Consistent implementation of the Law on equal opportunities is
necessary to indicate a gender data breakdown by all stakeholders in the
country for better understanding of the actual situation in relation to the
rights of ethnic communities, assessment of policy impact and the affect of
the OFA, as well as the gender-based programs and better planning of
future actions.
- The designers of active employment measures deriving from the
2015 National Employment Strategy should take into account the specificity
and difficulties that the women of ethnic communities face with, and the
same active measures should apply to the inactive population.

65

66

7. EDUCATION

67

68

7.1. Introduction
The right to education is a human right; however it is also a way of
exercising the other human rights. It is central to promoting the identity of
the individual, as well as the ethnic group. It is particularly important in
multi-ethnic societies because it enables the individuals belonging to
particular ethnic communities pass on their culture and traditions to the
next generations. This right is articulated in all regional and international
human rights instruments and it is one of the rights considered in the Ohrid
Framework Agreement (Article 6)96.
7.2. Legal and political framework
The national and international legal standards in place promote the
right to education of the ethnic community members without
discrimination, on the bases of tolerance and mutual understanding and
socializing in the educational system.
7.2.1. International standards
7.2.1.1. International legal instruments and mechanisms
Within the United Nations, the right to education of specifically the
ethnic community members is set forth partially or completely in the:
International Covenant on Civil and Political Rights97, International
Covenant on Economic Social and Cultural Rights98, International
Convention on the Elimination of All Forms of Racial Discrimination99,
Convention on the Elimination of All Forms of Discrimination against
Women100 and Convention on the Rights of the Child101. All of the above
96

Article 6 of the Ohrid Framework Agreement states : 6.1. With respect to primary and secondary
education, instruction will be provided in the students' native languages, while at the same time
uniform standards for academic programs will be applied throughout Macedonia. 6.2. State funding
will be provided for university level education in languages spoken by at least 20
percent of the population of Macedonia, on the basis of specific agreements. 6.3. The principle of
positive discrimination will be applied in the enrolment in State universities of candidates belonging to
communities not in the majority in the population of Macedonia until the enrolment reflects equitably
the composition of the population of Macedonia. ....
97
See: International Covenant on Civil and Political Rights (ICCPR), G.A. Res. 2200A (XXI), U.N
GAOR, Supp. No.16 at 52, U.N. Doc. A/6316 (1966), article 27; General comment 23: The rights of
minorities) CCPR/C/21/Rev.1/Add.5, 4 August 1994.
98
See: International Covenant on Economic Social and Cultural Rights - ICESCR, G.A. Res. 2200A
(XXI), U.N GAOR, Supp. No.16 at 49, U.N. Doc. A/6316 (1966), article 13.
99
See: International Convention on the Elimination of All Forms of Racial Discrimination (CERD),
G.A. Res. 2106 (XX), U.N GAOR, Supp. No.14 at 47, U.N. Doc. A/6014, 1966, article 5 p. 1 line (d)
subline (v), and article 7 of Convention.
100
See: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
G.A. Res. 34/180, U.N GAOR 34th Sess., Supp. No.46 at 193, U.N. Doc. A/34/46, 1981, article 10.
101
See: Convention on the Rights of the Child (CRC), G.A. Res. 44/25, U.N GAOR 44th Sess., Supp.
No.49 at 16, U.N. Doc. A/44/49 (1989), article 28 p. 1 line () and (e), article 29 and article 30.
69

legal instruments have been ratified by the Republic of Macedonia, and in

accordance with article 118 of the Constitution102 are an integral part of the
domestic legal order.
The convention on the Elimination of all Forms of Racial
Discrimination (CERD) refers exclusively to racial discrimination, inter alia
in the field of education and training. In this area the connection between
ethnicity and gender/sex is extremely important in relation to the school
drop-out rate, especially the female members of certain ethnic
communities.103 In
the
regular
Republic of Macedonia has been criticized by
reporting period
the international organizations on the school
of the responsible
drop-out rates among the Roma female pupils.
bodies within the
UNO
on
the
application of particular international covenants, it is important to highlight
the concluding observations of the Committee on the Elimination of Racial
Discrimination in the 4th and 7th periodic reports of the 2007 CERD
application in the Republic of Macedonia.104 Namely, the Committee
welcomes the implementation of the Ohrid Framework Agreement, but
makes constructive criticism in relation inter alia to the Roma pupils school
drop-out rate of primary schools, and the Albanian and Turkish pupils dropout rate of secondary and higher education schools (paragraph 17 and 18).
The second Convention of particular importance to overcoming the
unequal position of women belonging to ethnic communities inter alia in the
field of education is the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW). In the regular reporting period
on this Convention, the concluding comments of the Committee on the
Elimination of Discrimination against Women made in the 2006 CEDAW 1st
and 3rd periodic report on the Republic of Macedonia105, as well as the 2011
CEDAW 4th and 5th periodic report on the Republic of Macedonia106.
Namely, the CEDAW expressed concern about the vulnerable and
disadvantaged position of women of ethnic communities, particularly the
Roma and Albanian women in inter alia their access to education, especially
102

See: Constitution of Republic of Macedonia, Official Journal of RM, no.52/1991, 22 November

1991, article 118.
103
In this context, additional consideration should be given to the CERD General Recommendation
no.27 of 2000 which refers to the Roma discrimination, particularly paragraph 17 and paragraph 22.
104
See: Concluding observations of the Committee on the Elimination of Racial Discrimination, UN
Doc. CERD/C/MKD/CO/7, 13 June 2007.
105
See: Concluding comments of the Committee on the Elimination of Discrimination against Women,
UN Doc. CEDAW/C/MKD/CO/3, 3 February 2006.
106
See: Committee on the Elimination of Discrimination against Women, Combined fourth and fifth
periodic report, UN Doc. CEDAW/C/MKD/4-5, which is going to be reviewed at the 54th Committees
session in February 2013.
70

on the high drop-out rate among the Roma girls and urged the country to
take action in order to diminish this rate and reintegrate them in the
education process (paragraph 27 and 28).
7.2.1.2. Regional legal instruments and mechanisms
At regional level, the European Convention for the Protection of
Human Rights and Fundamental Freedoms107 is the greatest benefit of the
regional system for the protection of human rights. The right to education is
explicitly set forth in Article 2 of the Protocol to this Convention, and the
court practice is well developed in this field108. In addition, the Council of
Europe adopted the European Social Charter109, which in article 17 p. 2
safeguards the right to education. The European Committee on Social
Rights has reviewed this right in detal and has made appropriate
conclusions that serve as leading principles in their interpretation.
The Framework Convention for the Protection of National
Minorities110 is the key document within the Council of Europe, which in
accordance with articles 12-14 binds the states signatories to guarantee the
right to education to the national minorities members. In the regural
reporting period on this Convention, the opinions of the Advisory
Committee on the Framework Convention for the protection of National
Minorities are very important, especially the third one, Third Opinion on
the Republic of Macedonia in 2011111. This opinion is the basis for the
adoption of Resolution CM/ResCMN(2012)13 of the Committee Ministers
in 2010112. In fact, the Advisory Committee concludes that there is a well
developed system of education in the languages of the communities, i.e.
107

See: European Convention for the Protection of Human Rights and Fundamental Freedoms. Republic
of Macedonia ratified this Convention on 10 April 1997.
108
See: ECtHR, D.H. and Others v. Czech Republic case, App No.57325/00, Grand Chamber Judgement,
13 November 2007; ECtHR, Oru and Others v. Croatia case, App Nos. 15766/03, Grand Chamber
Judgement, 16 March 2010; ECtHR, Sampanis and Others v. Greece case, App Nos. 32526/05, 5
September 2008; ECtHR, Ponomaryovi v. Greece case, App Nos. 5335/05, 28 November 2011; ECtHR,
Case relating to certain aspects of the laws on the use of languages in education in Belgium v. Belgium
case, App No. 474/62, 1677/62, 1691/62, 1769/63, 1994/63 and 2126/64, 23 July 1968.
109
See: European Social Charter. Republic of Macedonia is a signatory of this Charter since 2005, and
since 1 March 2012 a signatory of the revised Charter.
110
See: Framework Convention for the Protection of National Minorities, CETS No. 157, 1 February
1995. Republic of Macedonia ratified this convention on 10 April 1997. See further: Commentary on
Education under the Framework Convention for the Protection of National Minorities,
ACFC/25DOC(2006)02, 2 March 2006.
111
See: Advisory Committee on the Framework Convention for the Protection of National Minorities,
Third opinion on the former Yugoslav Republic of Macedonia adopted on 30 March 2011,
ACFC/OP/III(2011)/001, 7 December 2011.
112
See: Resolution CM/ResCMN(2012)13 on the implementation of the Framework Convention for
the Protection of National Minorities by the former Yugoslav Republic of Macedonia, adopted by
the Committee of Ministers on 4 July 2012 at the 1147th meeting of the Ministers Deputies.
71

there are more bilingual and trilingual schools that provide for education in
Macedonian, Albanian, Turkish and Serbian, and supplemented by other
optional subjects for familiarizing with the languages and Culture of the
Bosniak, Vlachs and Roma (paragraph 156). Yet there are discrimination
cases against the Roma inter alia in the field of education, and a particular
attention should be given to the needs of Roma women, as well as the
women of other ethnic communities (paragraphs 22, 25, 60 & 69).
In addition, exceptionally important for the Republic of Macedonia
are the standards set by the European Committee Combating Racism and
Intolerance (ECRI), and specifically the 2006 General Recommendation
no.10, which refers to combating racism and racial discrimination in and
through school education113. In its statutary activities, the ECRI delivered its
2010 4th report on the Republic of Macedonia including suggestions and
recommendations114. Namely, apart from noting that there is a great divison
by ethnic background in the education system, ECRI notes that illiteracy
and the school attendance rate is very low with the Roma females, even
lower than the rate of males (paragraph 90).
In addition to the Council of Europe, a special significance at
reagional level has the Charter of Fundamental Rights of the European
Union115 and the Directive 2000/43/116. The 2011 EU Aproximation
Progress Report for the Republic of Macedonia117, welcomes the
development of the Integrated Education Strategy, however it notes that
limited activities have been implemented aimed at the Roma females and a
more proactive approach is necessary to implement the existing National
Action Plans, which includes education as priority area.
7.3. Legislation of the Republic of Macedonia
Republic of Macedonia inherited a solid legal framework, which
guarantees the right to primary and secondary education in their mother
tongue for the ethnic community members that comprise over 20% of the
total Contrys population, i.e. the Albanian community.

113

See: ECRI General Policy Recommendation No.10, Combating racism and racial discrimination in
and through school education, CRI (2007)6, adopted on 15 December 2006.
114
See: Report on the former Yugoslav Republic of Macedonia (fourth monitoring cycle), adopted
on 28 April 2010 and published on 15 June 2010, CRI (2010)19.
115
See: Charter of Fundamental Rights of the European Union, Solemn Proclamation by the President
of the European Parliament, the European Commission and the Council of Ministers, Nice, OJ C
364/1, 7 December 2000, article 14.
116
See: Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial or ethnic origin, Official Journal L 180, 19 July 2000.
117
See: European Commission, The Former Yugoslav Republic of Macedonia 2011 Progress report,
SEC(2011) 1203 final, Brussels, 12 October 2011.
72

The Constitution of the Republic of Macedonia, in Article 48, p. 3

and 4 sets forth the right to primary and secondary education in languages
of the community members. This provision is in compliance with the
existing international standards above and provides for the community
members not only education in their mother tongue, but also to establish
education institutions where their special identity will be nurtured. Ditto,
this provision sets a balance between acquiring education in their mother
language on one hand, and the open possibilities of easier integration to the
society of the community members, on the other hand, by envisaging the
possibility of the community members to learn the official language of the
country. Further elaboration of these constitutional provisions to legal
provisions must be done in consulting the concerned ethnic communities,
and this is guaranteed with Artice 69, p.2 of the Constitution. It should be
noted that the right to primary and secondary education in their languages
existed even before the adoption of the OFA, which was set forth in Article
48 of the 2001 Constitution; and with the amendements to the legislation in
this area in
2004,
the
There is a well developed education system in the
pedagogica
community languages, through bilingual and
l
records
trilingual schools providing education for
keeping
Macedonian,
Albanian, Turkish, and Serbian
shall
be
language, supplemented by optional subjects of the
done in the
other community languages.
language of
instruction,
i.e. the language of the commuity.
As for the legal framework that aligns the education of the
community members, important laws are the following: the Law on
Primary Education118, the Law on Secondary Education119, the Law on
Higher Education120, and other laws121.

118

See: Law on Primary Education, Official Journal of RM, no.103/2008, 33/2010, 116/2010, 156/2010,
18/2011, 51/2011, 6/2012 and 100/2012, article 2 p. 1, article 3 p. 1 line 4 and line 6, article 9 p. 2 and p. 3,
and article 104 p. 3.
119
See: Law on Secondary education, Official Journal of RM, no.52/2002 (consolidated text), 40/2003,
42/2003, 67/2004, 55/2005, 113/2005, 35/2006, 30/2007, 49/2007, 81/2008, 92/2008, 33/2010, 116/2010,
156/2010, 18/2011, 51/2011, 6/2012 and 100/2012, article 3 p. 1, article 4 p. 2 and p. 3, and article 26 p. 3.
120
See: Law on Higher education, Official Journal of RM, no.35/2008, 103/2008, 26/2009, 83/2009,
99/2009, 115/2010, 17/2011 and 51/2011, article 7, article 103 p. 2, p. 3, p. 5 and p. 6, and article 108 p. 5.
121
See: Law on Students Standards, Official Journal of RM, no.52/2005, 11/2008, 17/2011 and 135/2011,
article 4 p. 2 and article 23 p. 1; Law on the Education Development Bureau, Official Journal of RM
no.37/2006, 142/2008, & 148/2009, article 12 and article 13; Law on education Inspection, Official Journal
of RM no.52/2005, 81/2008, 148/2009, 57/2010 & 51/2011; Law on Primary and Secondary education
73

In addition, a particular importance for the promotion of higher education

among the community members that directly derives from the OFA is the
adoption of the Law on the Establishment of the Tetova State University122
in 2004 and the commencement of 2004/05 academic studies.
Ultimately, we could also point out two more important laws
referring to the education right of ethnic communities in the gender/sex
aspect. The first one is the law on Equal Opportunities between men and
women123, which has an extensive scope of protection in the area inter alia of
education (Article 3). The second is the Law on Prevention and Protection
against Discrimination124, which enables better legal protection to persons of
different gender/sex and ethnicity if they appear to be victims of alleged
discrimination, inter alia, in the education area (Article 4).
The legal framework in this area has been supplemented by strategic
documents, predominantly the following: the Integrated Education
Strategy125, the 2005-2015 Nationa Strategy on Development of Education126,
the 2012-2015 National strategy on Equality and non-discrimination127, the
2007-2012 National Action Plan on Gender Equality128, and the 2005-2015
Roma Inclusion Decade and its deriving action plans, including the two
National Action Plans to promote the social status of the Roma females in
the Republic of Macedonia, 2008-2010 and 2011-2013129.
7.4. Institutional framework for the exercise of the right to
education
Institutions that play an important role in the promotion of the right to
education in the ethnic communities languages are: the Department for
Development and Promotion of Education in languages of the communities at

Textbooks, Official Journal of RM,no.98/2008, 99/2009, 83/2010, 135/2011, 51/2011 and 46/2012, art. 3
p.2.
122
See: Law on the Establishment of the Tetova State University, Official Journal of RM no.8/2004 and
81/2008, article 4.
123
See: Law on Equal Opportunities between women and men, Official Journal of RM no.6/2012.
124
See: Law on Prevention and Protection against Discrimination, Official Journal of RM, no.50/2010, 13
April 2010.
125
See: Steps to integrated education in the education system of Republic of Macedonia, Ministry of
Education and Science, October 2010.
126
See: 2005-2015 Education Development Nationa Strategy, Ministry of Education and Science, 2004.
127
See: 2012-2015 National Strategy on equality and nondiscrimination on grounds of ethnicity, age, mental
and physical disability and gender, adopted by the Government of Republic of Macedonia in May 2012.
128
See: 2007-2012 National Action Plan on gender balance, adopted in May 2007.
129
See: National Action Plans on the Promotion of Social Status of the Roma Females in Republic of
Macedonia, 2008-2010 and 2011-2013.
74

the Ministry of Educations and science, and the Agency for the exercising the
community rights, as well some other indirect stakeholders130.
The Department for Development and Promotion of Education in
languages of the communities is an institution within the Ministry of Education
and Science, established by the Law on the Organization and Operations of the
State Bodies131. As a body, it has responsibilities to fully implement the
constitutional and legal rights of the community members at all levels of the
education system. This Department consists of two sections, they are as
follows: Language Section (Bosniak, Vlach, Roma, Serbian, and Turkish
language) and Section for Peace and Childrens Rights.
The Agency for exercising the community rights is an independent body
within the state administration set up by the Law on Promotion and Protection
of the Rights of the Community Members not meeting the 20% threshold of the
countrys population132. According to Article 4 of this Law, the Agency has a
wide scope of responsibilities in exercising, promoting and overseeing the
rights of the community members in the area inter alia of education (primary,
secondary and higher). Hence, the Agency aligns its work with the work of the
Secretariat for implementation of the Ohrid Framework Agreement, the
Department for Development and Promotion of Education ,

in languages of the communities and the Department for Affirmation and
Promotion of the culture of communities (Article 15 para. 1).
7.5. Situation Assessment
7.5.1. Primary Education Situation Assessment
In the Republic of Macedonia, tuition is conducted in the
Macedonian, Albanian, Turkish and Serbian languages. The other
communities such as the Vlach, Bosniak and Roma communities attend
classes in the education system in one of the above four languages,
predominantly the Macedonian language. In addition, the education system
in languages of the communities is added up by the nine-year teaching
curricula, which introduced optional subjects aimed at learning the
language and culture of the Bosniaks, Vlachs, and Roma, since 2008/09

130

Secretariat for the Implementation of the Ohrid Framework Agreement, Education Development
Bureau, Education Inspection Department and Pedagogical Service.
131
See: Law on the organization and operations of the organs of state administration, Official Journal
of RM, no.58/2004, 44/2002, 82/2008, 167/2010 and 51/2011, article 23 p. 2 line 3.
132
See: Law on the Promotion and Protection of the Rights of the communities which are less than
20% of the population of Republic of Macedonia, Official Journal of RM, no.921/2008, article 2,
article 4, article 5, article 13 and article 15 p. 1.
75

scholl year. These optional subjects can be tought to pupils of ethnic

communities from their third grade to the end of primary education.
In the territory of the Republic of Macedonia there is a total of 341
primary schools. 241 schools (70.6%) conducting tuition in one language, of
which 185 (77%) in Macedonian, 55 (22.8%) in Albanian and in 1 school
(0.4%) in Turkish language. In the 2010/11 school year, the Ministry of
Education and Science through the Education Development Bureau
approved experimental tuition in two primary schools in Bosniak language
(the Rajko Zinzifov Primary School in Dolno Orizari, Veles and the
Dituria Primary School in Saraj v., Skopje).133
Out of the total number of schools, 85 of them (25%) conduct tuition
in two languages, of which 59 (69%) schools provide tuition in Macedonian
and Albanian languages, 20 (23.5%) in Macedonian and Turkish languages,
and 3(3.5%) in Macedonian and Serbian languages. There are 15 (4.4%)
trilingual schools, of which 13 (86.6%) schools in Macedonian, Albanian and
Turkish languages and 2 (13.3%) in Macedonian, Albanian and Serbian
languages.134
The following tables contain data on the number of students based
on ethnicity and gender. The data indicate that there is an adequate gender
balance between male and female community pupils in primary education,
except for the Serbian community.
Table 19. Overview of ethnic community enrollments in primary
education in the 2011/12 academic year
Ethnicity

Male

Female

Total

Serbs

956

732

1688

Turks

4753

4281

9034

Bosniaks

1055

1030

2085

Vlachs

171

159

330

Roma

5103

4821

9924

Albanians

67289

133

See: , , Macedonian Center

for International Cooperation, Skopje, 2011, p. 65, available at:
http://www.mcms.org.mk/images/docs/2011/ohridski-ramkoven-dogovor-2011.pdf.
134
See:
, , Department for development and
Promotion of Education in the languages of the communities, Skopje, 2010, p.21.
76

Table 20. Situation with pupils, total number of pupils and of those who
attend classes in their language/optional subject Language and Culture
in the 2009/10 academic year135
Ethnicity
Serbs
Turks
Bosniaks
Vlachs
Roma
Albanians

Total number
of pupils
1771
9047
2014
307
10551
67289

Pupils attending in
their
languages/optional
subject
274
3390
377
716
2191
66363

%
15,47%
37,47%
18,71%
/
20,76%
98,66

The above data indicates that there is a low percentage of

community pupils that attend regular or optional classes in their languages,
with the exception of the Albanian community. For this reason, the schools
have to apply the information procedure to inform the parents on the
possibility of using the regular and optional classes in languages of the
communities the pupils belong to.
One of the apparent issues in the community education, especially
the Roma education is their school drop-out rate. This particularly affects
the female pupils. Numerous incentive measures have been introduced for
the Roma to continue their education and complete it successfully such as
the Scholarship and Mentoring Project of Roma high school students.136
Although the experiences of these programs have been positive and fruitful,
yet there are still challenges to the education of the Roma children. For
example, the Bitola Repsonsible Gender Budget137 states that there is a dropout rate among the children of Roma community, and amongst the reasons
are the numerous problems like: extremely unfavourable social conditions
of the Roma population; the apparent mindset of resentment to schooling
and the inability to have a clear picture of the entire Roma population.
Numerous problems have been notes, starting from the low levels of
achievement due to inconsistent attendance of classes to their complete drop
out. Bearing in mind the fact that the children legally cannot repeat the year
135

See: A.Krzalovski, E.Andreevska, V.Latifi, R.Ali Cupi, M.Kamberi, V.Misev,

, , OSCE Spillover Mission to Skopje,
Skopje, December 2010, p.57.
136
See: V.Jovanova, ,
, , Ministry of Labor and Social Policy, 2011,
pp.19-22.
137
See: N.Ilievska, V.Jovanova, M.Memeti, N.Stalevski,
O , Summary of Analysis carried out with the project responsible gender
budgeting at local level, implemented by the technical assistance of the United Nations Development
Fund for Women (UNIFEM), Skopje, 2010, available at: http://www.unifem.sk/uploads/doc/Bitola.pdf
77

until the fifth grade (i.e. sixth grade in the nine-year primary education
system), it is noted that the passing of classes is reducing for the children
upt to the fifth grade. As an additional problem is noted that sometimes the
parents enroll their children in classes intended for disabled children only
having in mind the benefits from additional funds allocated for escrot
transportation costs. The existence of these examples in which the parents
intentionally enroll their child to a special school for light mental handicap
in order to complete their schooling and get employment, is noted in the
above international reports, as well as the 2006-2010 Roma Strategy for the
Municipality of Bitola.138
As for the situation of the teaching staff, bearing in mind their ethnic
origin, it can be noted that there is a low percentage of teachers belonging to
the ethnic communities in the Republic of Macedonia who are actually
involved in the regular teaching system, except for the Albanian
community. Unfortunately, we dont have data divided by gender, i.e. how
many teachers are women and how many are men of the ethnic
communities. There are only data on gender structure of teachers in general,
without a comparative analysis about their ethnicity. Namely, there are
more female teachers, i.e. in the 2011/12 academic year, the total number of
teachers in the primary education is 17444, of which 11543 are female, and
5901 are men.139
Table 21. Situation of teaching staff, total number of teachers and number of
teachers belonging to the ethnic communities in the 2009/10 academic year 140
Community
Number of
percentage of the
Ethnicity
teachers of ethnic
total population in
communities
RM
Serbs
1,77%
/
Tukrs
3,85%
366
Bosniaks
0,84%
50
Vlachs
0,47%
/
Roma
2,66%
24
Albanians
25,17%
4519
Number of teaching staff in primary education

138

Percentage of
teachers actually
involved in the
tuition
/
2,57%
0,35%
/
0,16%
31,98
14.189

See: 2006-2010 Roma Strategy for the Municipality of Bitola, 2006, pp.43-46, available at:
http://www.bitola.gov.mk.
139
See: 2012, State Statistics Office, 2012, p.22, available at:
http://www.stat.gov.mk/PrikaziPublikacija_1.aspx?rbr=333. See further:
, State Statistics Office, 2012, pp.38-63, available at:
http://www.stat.gov.mk/PrikaziPublikacija_1.aspx?rbr=334.
140
See: A.Krzalovski, E.Andreevska,V.Latifi, R.Ali Cupi, M.Kamberi, V.Misev,
, , OSCE Spillover Mission to Skopje,
Skopje, December 2010, p.58.
78

As for the textbooks, until 2008/09 there was a serious problem

regarding the textbooks coverage for all subjects in the language of the
communities. In 2009/10 academic year, the Ministry of Education and
Science provided for textbooks for all subjects in primary education in
Turkish language and for a portion of subjects taught at gymnasium
departments of High Schools. Also, they provided for necessary textbooks
for subjects in Serbian language. Regarding the Language and Culture
subject of the Vlachs, Bosniaks and the Roma, for the first time in 2010/11
were approved texts for third, fourth and fifth grade textbooks for the
oprional subject Language and Culture of the Roma andVlachs, and there
have not yet been provided textbooks for the Bosniaks due to the poor
interest of authors to provide literature for textbooks141.
7.5.2. High school situation assessment
In accordance with the Law on High Education there are public and
private schools. The public high schools (99 in total), the target analysis of
this study, conduct plans and programs for: Gymnsium education,
vocational education, art education, and special schools for students with a
disability (Article 32), and according to Article 3 para.2 they are free of
charge. In addition, high school education is compulsory for all citizens of
the Republic of Macedonia (Article 3 para. 1).
The language of instruction in high schools in addition to
Macedonian is conducted also in the languages of the other ethnic
communities such as the Albanian, Turkish and Serbian language. Of the
total number of high schools, 52 high schools teach only in Macedonian
language, whereas 4 high schools only in Albanian language. In the
Republic of Macedonia there are 34 bilingual high schools (of which 29 in
Macedonian-Albanian, 4 in Macedonian-Turkish and 1 in MacedonianSerbian), and 9 trilingual high schools, Macedonian-Albanian-Turkish.
Table 22. Overview of ethnic community members enrollments to the
high school education in the 2011/12 academic year142
Ethnicity
Serbs
Turks
Bosniaks
Vlachs

Male
467
1635
458
110

141

Female
496
1306
443
93

Total
963
2941
901
203

See: Ministry of Education and Science, Department for Development and Promotion of education
in the languages of the communities.
142
See: Data on the situation at high schools in 2010/2011and 2011/2012 school years taken from the
Department for Development and Promotion of education in the languages of the communities.
79

Roma
Albanians

962
14871

740
13164

1702
28035

Table 23. Situation of students, total number of students and number of

students that attend classes in their mother tongue in the 2010/11
academic year143
Ethnicity
Serbs
Turks
Albanians

Total number of students

119
222
23915

The available data with the Department of Development and

Promotion of Education in languages of the communities in 2010/2011
academic year indicate that the tuition in high schools is in Albanian,
Turkish and Serbian languages. This coincides with the above data
regarding the languages of instruction in Highs school education in the
Republic of Macedonia. Of course there are non-majority community
students and ethnic Albanian students in high schools who study in
Macedonian language, and on the other hand there are ethnic Turks, Roma
and other communities who study in Macedonian and Albanian
languages.144
The available data on 2010/2011 academic year taken from
Discrimination on grounds of ethnicity145 enable a better picture of how
many students of the non-majority communities study in their mother
tongue. These figures are general figures and not categorized by gender. On
the other hand, the Department issues data categorized by gender, but the
same data is not categorized by students that study in their mother tongue,
and students that are enrolled and study in an another language (Albanian,
Macedonian, etc.). Due to this, a comprehensive conclusion cannot be made
on how the measures taken as part of the OFA implementation affect the
non-majority community female students in high school education in the
Republic of Macedonia for a certain academic year.
As for the teaching staff involved in the teaching of communities in
their languages, the situation is as follows:

143

See: , , Macedonian Center

for International Cooperation, Skopje, 2011, p. 64.
144
See: Data on the situation at high schools in 2010/2011and 2011/2012 school years taken from the
Department for Development and Promotion of education in the languages of the communities.
145
See: A.Krzalovski, E.Andreevska, V.Latifi, R.Ali Cupi, M.Kamberi, V.Misev,
, , OSCE Spillover Mission to Skopje,
Skopje, December 2010.
80

Tabela 24. Situation with teaching staff, total number of teachers and
number of teachers belonging to the ethnic communities in the 2010/11
academic year146
Ethnicity
Female
Male
Total
3370
1745
5115
Macedonian
688
1018
1706
Albanian
Turkish
62
128
190
Roma
3
1
4
Vlachs
20
16
36
Serbian
55
32
87
4
6
10
Bosniaks
23
28
51
Other
From the above data we can conclude among the Macedonian, Vlach
and Roma communities the presence of women teaching staff dominates
compared to the teaching male staff, wheras among the Albanian, Turkish,
and Bosniak communities the women are underrepresented.
If we compare the data of the total number of High School students
studying in their languages and the number of teaching staff for the
2010/2011 academic year, we will see that the ratio between a teacher that
teaches in Turkish language and students is 1.16 students, ethis ration for
Serbian teaching staff is 1.36 students, and Macedonian teaching staff the
ratio is 10.5 students. The most alarming situation is with the Albanian
language teaching, where this ratio is 14 students per teacher147
This situation is apparent in the primary education, too, and it is considered
a great barrier and factor directly affecting the quality of teaching148.
7.5.3. High School Situation Assessment
There are 5 state universities operating in the Republic of Macedonia
and they are as follows: the St. Cyrill and Methodius University Skopje,
St. Kliment Ohridski University Bitola and Goce Delcev University in
Stip, where Macedonian is the language of instruction. The language of
instruction at the State University of Tetova is in Albanian and at the
request of students Macedonian is a language of instruction too. And at the
University of Information Technology and Sciences St. Apostol Pavle
Ohrid, the language of instruction is English.

146

See: State Statistics Office, Statistic review no. 2.4.12.06/720, available at: http://www.stat.gov.mk.
See: Data on the situation at high schools in 2010/2011and 2011/2012 school years taken from the
Department for Development and Promotion of education in the languages of the communities.
148
See: Inclusive education on ,
, Ministry of Education assisted by UNICEF, Skopje, 2010, p. 8.
147

81

In 2004, with the adoption of the Law on establishment of the State

Uiversity of Tetova, the State University of Tetova was established (SUT)
which is directly one of the OFA requirements. In the outset, this university
included 4 Departments and one vocational school, and with the
amendements and addendums to the Law on Establishment of SUT149, this
number was increased by new 8 departments.
Until 2004, in the Republic of Macedonia, Albanian language of
instruction was implemented at the St. Kliment Ohridski Faculty of
Pedagody, which was and still producing Albanian teaching staff aimed at
primary schools and partially high schools.
The Albanian students, as well as the other non-majority community
members in the Republic of Macedonia, apart from the possibility of
enrollment quotas, they are enabling enrollment of community members to
the other state universities. This implies all ethnic communities, except the
ethnic Macedonian community. This quota is 10% students in each
faculty/department150. The seats are distributed bsed on the percentage of
representation of a particular community in the contrys total number of
population. This quota applies to the Albanian community as well, for those
study programs that are not included in the State University of Tetova.
The structure of enrolled students at the public universities of the Republic
of Macedonia is shown below:
Table 25. Structure of enrolled students at the public universities of the
Republic of Macedonia in the 2010/2011 academic year 2010/2011151
University

Mac.

Alb.

Ser

Vla.

Rom.

Bosn.

Other

Total

6296

635

223

149

50

51

74

101

7579

2666

47

50

26

31

10

12

2850

DUT-Tetovo

257

3442

103

13

3823

UGD - Stip

2656

11

41

41

45

24

11

2834

UIT- Ohrid

70

81

11954

4143

419

218

127

99

92

124

17167

UKIMSkopje
UKLO- Bitola

Total

The above data do not reflect the students gender structure.

Consequently, we cannot make a concise conclusion on how the actions
149

See: Law on the Establishing the Tetova State University, Official Journal of RM, no.81/2008.
This quota is a mechanism that allows enrollment of low ranked candidates (non-majority
members) in one of the University departments. However, the students declaration of nationality is
considered in the application process.
151
Data of the Ministry of Education and Science, Higher Education Department. See further:
, , Macedonian Center for International
Cooperation, Skopje, 2011, p.66.
150

82

taken as a result of the OFA implementation affect the female inclusion of

different non-majority communities in the higher education system in the
Republic of Macedonia for a particular year.
The data on the structure of teaching staff involved in the public
higher education in the Republic of Macedonia is missing.
As for the academic teaching in the language of the community, the
Roma community in 2011 was provided for a subject dubbed Language and
Culture of Roma as an optional subject at the Faculty of Philology within the
St. Cyril and Methodius University, in Skopje.152 In addition, the Vlach
language as optional subject is taught at the Faculty of Pedagogy in Stip
during the 2004/2005 academic year. There are Departments of Serbian and
Turkish languages at the Faculty of Philology in Skopje, and additionally in
Turkish language at the Faculty of Pedagogy in Skopje. The Department of
Albanian language and literature at the Faculty of Philology Blaze
Koneski within the St. Cyril and Methodius universities operates since
1951, and as a special department since 1971.

152

See: Annual Report on the implementation of the 2011-2013 National Action Plan to promote the
social status of Roma females in the Republic of Macedonia, Ministry of Labor and Social Policy,
2011, p. 4.
83

7.6. Conclusions and Recommendations

- The legal framework and the strategic documents for the
promotion of the right to education in languages of the communities is a
completed and solid process.
- There is gender balance regarding the attendance of primary
schools among the students belonging to the ethnic communities, which fits
in the general situation of the country. On the other hand, most of the hired
teaching staff in primary education is women; however the number of hired
teaching staff belonging to the ethnic communities is small.
It is obvious that in primary and secondary education, which by law
is compulsory for all citizens of the Republic of Macedonia, the number of
students in one classroom is much higher in both education levels in
Albanian language teaching, which affects the quality of teaching.
- The existence of legislation does not by itself accomplish the
desired goal it should be accompanied by other additional measures, like:
awareness raising about the possibility of education in the languages of the
communities, including learning their own culture and traditions,
promoting the multi-culturalism in the education system through curricular
and extra-curricular activities, increase the number of teaching staff of the
communities and provision of professional training for the teaching staff
who conduct the regular and optional classes, enrichment of existing
literature in languages of the communities and capacity building aimed at
the responsible institutions.
- To take actions to guarantee the right to education of women of
ethnic communities on equal grounds with the rest and to intensify the
measures aimed at public awareness raising about the compulsory
education and focus on the special reasons for the female school drop-out
rate of Roma origin.

84

7.6.1. Conclusions
This analysis indicates that the measures implementing the Ohrid
Framework Agreement provisions are not aligned with the measures
implemneted by the state to achieve equality between men and women. Thus,
most data and indicators regarding the analysed areas have anomalies. In
fact, there are data that provide ethnic-based comparisons, not gender-based,
or data that provide gender-based comparisons, not ethnic-based. In other
words, there are no statistical gender-based data on all communities, which
should be provided for by all the stakeholders in the country.
This leads to relatively general conclusions, or conclusions made
indirectrly:
At national level, the situation of smaller community representation in
central institutions is improving. And the equitable representation of the
ethnic Albanian civil servants is rising, which is not the case with the Roma
and Turkish communities. This dynamics is not the same at managing
positions, and the difference among institutions is not vast. The presence of
female non-majority communities is much smaller compared to the presence
of men of the same communities.
Politically, the presence of women politicians at national level is due ti
the affirmative legal provisions (the quotas), and not as result of OFA.
Unfortunately, this trend does not occur locally. The presence of
women in local governments and as mayors is increasingly declining.
In the local administration and the boards of PUCs, the presence of
females belonging to the smaller ethnic communities is small, too, in
comparison to the male community members. This again indicates a biased
implementation of the OFA; hence it should be observed how this affects the
gender balance in a particular institution, board, etc.
Protection against multiple discrimination on grounds of ethnicity
and gender/sex is backed by a relatively solid legislation, but it is not as a
result of the OFA. Lack of court practice and the quasi-court practice is a
significant barrier to explaining the application of this legal institute
envisaged by the anti-discrimination legislation.
In the area of education, the legal framework and strategic documents
to promote the right to education in languages of the communities is a
completed and solid process, too. In addition, there is gender balance
regarding the students of ethnic communities who attend classes in primary
education, which fits in the general situation of the country. On the other
hand, most of the hired teaching staff in primary education is female; but,
generally speaking the number of teaching staff of the ethnic communities is
small.
85

7.6.2. Recommendations
It is necessary to resume the implementation of the equitable
representation principle for citizens belonging to all ethnic communities (as
an affirmative measure) in the state administration and the other public
institutions, bearing in mind the distribution of gender positions and the
vertical positions, too (managing positions).
In addition, amendements and addendums are recommended to the
Law on equal opportunities in terms of monitoring the status of women
belonging to the non-majority communities at local level, which would give
a more complete picture, and it would further suggest taking necessary
measures to promoting the status of these women.
In this context, keeping aligned activities and displaying genderbased statistical data by the contrys stakeholders, and adoption of
operational programs, which would consider the aspects of gender equality
and equitable representation of the communities as horizontal issues in the
process of policy-making and setting priorities at local level, would allow a
complete follow-up.
Equality and non-discrimination of all citizens on various grounds,
including the gender and ethnic comparisons, from declarative democratic
principles should turn to practical applications of everyday life. The
existence of legislation does not by itself accomplish the desired goal equal
opportunities and equality for the result itself. Therefore, legislation should
be accompanied by other additional measures, such as: raising public
awareness and institutional capacity building.
In the area of education, even though the legislation is solid, similar
to the non-discrimination legislation, yet the existence of legislation does
not by itself accomplish the desired goal. To this end, the state should take
additional measures such as: raising awareness about the possibility to
study in languages of the communities, including the possibility of learning
their own culture and tradition, promotion of mlti-culturalism in the
education system through curricular and extra-curricular activities, increase
the number of teaching staff of the communities and provision of
professional training for the teaching staff who conduct the regular and
optional classes, enrichment of existing literature in languages of the
communities and capacity building aimed at the responsible institutions.
At last, the state should intensify its measures to guarantee the right
to education of women belonging to the ethnic communities on equal bases
with the rest and focusing on the real reasons of the school drop-out rate
among the female children of the Roma community.

86

8. REFERENCES
8.1.

Scientific research papers

1. O.M.Arnardttir, A Future of Multidimensional Disadvanatage

Equality?, in G.Quinn, O.M.Arnardottir, The UN Convention on the
Rights of Persons with Disabilities: European and Scandinavian
Perspective, Boston Leiden, 2009.
2. Z. Poposka,
, Phd Dissertation, St. Cyril and
Methodius University, Justinion I Faculty of Law, Skopje, 2012.
3. D.Schiek, L.Waddington, M.Bell (eds.), Cases, Materials and Text on
National, Supranational and International Non-Discrimination Law, Hart
Publishing, Oxford and Portland, Oregon, 2007.
4. S.Fredman, Double Trouble: Multiple Discrimination and EU Law, The
European Network of Legal Experts in the Non-Discrimination
Filed, European Anti-Discrimination Law Review Issue No.2,
October 2005.
5. S.Hannett, Equality at the Intersections: The Legislative and Judicial
Failure to Tackle Multiple Discrimination, 23 OJLS 68, 2003.
6. Florian Bieber,
, Power Sharing and Implementation of Ohrid Framework
Agreement, Friedrich Ebert Foundation, Skopje, 2008, pp. 7-41.
8.2.

Reports and analysis

1. 1
2011 31 2011 , Skopje, February, 2012.
2. 2011 ,
Skopje, March 2012.
3. 2010 ,
Skopje, March, 2011.
4.
, Ombudsperson of Republic of
Macedonia, Skopje, 2011.
5.
2011 , Skopje, April 2012.
6.
2011 , Ministry of Information Society and
Administration, Skopje, 2012.

87

7. Special Eurobarometar 317, Discrimination in the EU in 2009, Wave 71.2.

TNS Opinion & Social, November 2009.
8. Special Eurobarometer 296, Discrimination in the European Union:
Perceptions, Experiences and Attitudes, European Commission, 2008
.
9. B.Petrovska Beshka, M.Najcevska, :
, Macedonian Center for
International Cooperation, 2009.
10. S.Klekovski, A.Kzalovski,
, Macedonian Center for International
Cooperation, 2011.
11. A.Krzalovski, E.Andreevska, V.Latifi, R.Ali Cupi, M.Kamberi,
V.Misev, ,
, OSCE Spillover Mission to Skopje,
Skopje, December 2010.
12.
, Ministry of Labor and Social Policy,
Skopje, June 2011.
13.
, Ministry of
Labor and Social Policy, Skopje, May 2010.
14.


,
, Ministry of
Labor and Social Policy. Skopje, November 2011.
15.
,
, Ministry of Local Self-Government, Skopje, June 2011.
16.

2011-2013, Ministry of Labor and Social
Policy. Skopje, 2011.
17. M.Grizo, S.Shabanovska, S.Shaban,
...,

,
, Ministry of Labor and Social Policy and the
United Nations Development Fund for Women (UNIFEM, Skopje,
2009.
18. ,
, 2009.
88

19. B.Pavlovski, ,
, Association for
Emancipation, Solidarity and Equality in RM - ESE, Skopje, 2008.
20. A.Jovanoviq, V.Jovanova, N.Maleska-Sachmaroska, S.Markovska.
-
, Ministry of
Labor and Social Policy and the United Nations Development Fund
for Women (UNIFEM), Skopje, 2009.
21. N.Ilievska, V.Jovanova, M.Memeti, A.Mishkovska-Raleva,
O ,
summary of analysis in the responsible gender budgeting project at
local level, United Nations Development Fund for women
(UNIFEM), Skopje, 2010.
22. N.Ilievska, V.Jovanova, M.Memeti, N.Stalevski,
O , summary of
analysis in the responsible gender budgeting project at local level,
implemented by texhnical assistance of the United Nations
Development Fund for women (UNIFEM), Skopje, 2010.
23. , ,
Macedonian Center for International Cooperation, Skopje, 2011.
24. Sasho Klekovski, ed. ,
Makedonski Center for International Cooperation, Skopje, 2011.
25.
,
, Department for Development and Promotion of Education in
the languages of the communities, Skopje, 2010.
26.
, ,
Ministry of Education and Science assisted by UNIFEM, Skopje,
2010.
27. Aferdita Haxhijaja Imeri,
, ?, Women Civic Association
Antiko, Skopje, 2010.
28. 2011, Women Civic Association
Antiko, Skopje, 2011.
29. 2012, State Statistics Office, 2012.
30. , State Statistics Office, 2012.
31. State Statistics Office, Statistical review no. 2.4.12.06/720.
32. State Statistics Office, 2002, ,
, Skopje, 2002.
33. UNDP, Promotion of Interethnic Dialogue and Collaboration, 2009.

89

34. Universal Periodic Review, Decision adopted by the Human Rights

Council, 12/114. Outcome of the universal periodic review: the
Former Yugoslav Republic of Macedonia, A/HRC/12/DEC/114, 30
September, 2009.
35. Universal Periodic Review, Report of the Working Group on the
Universal Periodic Review for the former Yugoslav Republic of
Macedonia, A/HRC/12/15, 5 June 2009.
36. Concluding observations of the Committee on the Elimination of
Racial Discrimination, UN Doc. CERD/C/MKD/CO/7, 13 June
2007.
37. Concluding comments of the Committee on the Elimination of
Discrimination against Women, UN Doc. CEDAW/C/MKD/CO/3,
3 February 2006.
38. Committee on the Elimination of Discrimination against Women,
Combined fourth and fifth periodic report, UN Doc.
CEDAW/C/MKD/4-5.
39. Advisory Committee on the Framework Convention for the
Protection of National Minorities, Third opinion on the former
Yugoslav Republic of Macedonia adopted on 30 March 2011,
ACFC/OP/III(2011)/001, 7 December 2011.
40. Resolution CM/ResCMN(2012)13 on the implementation of the
Framework Convention for the Protection of National Minorities by
the former Yugoslav Republic of Macedonia, adopted by the
Committee of Ministers on 4 July 2012 at the 1147th meeting of the
Ministers Deputies.
41. Report on the former Yugoslav Republic of Macedonia (fourth
monitoring cycle), adopted on 28 April 2010 and published on 15
June 2010, CRI(2010)19.
42. Report by the Commissioner for Human Rights Mr.Thomas
Hammarberg on his visit to the former Yugoslav Republic of
Macedonia, CommDH(2008)21, 11 September 2008.
43. European Commission, The Former Yugoslav Republic of
Macedonia 2011 Progress report, SEC(2011) 1203 final, Brussels, 12
October 2011.
8.3.

List of Legal Texts

1. International Covenant on Civil and Political Rights (ICCPR), G.A.

Res. 2200A (XXI), U.N GAOR, Supp. No.16 at 52, U.N. Doc. A/6316
(1966).
2. CECPR General comment 18: Non-discrimination, UN Doc.
A/45/40, Vol.I, 10 November 1989.

90

3. CECPR General comment 23: The rights of minorities,

CCPR/C/21/Rev.1/Add.5, 4 August 1994.
4. International Covenant on Economic Social and Cultural Rights ICESCR, G.A. Res. 2200A (XXI), U.N GAOR, Supp. No.16 at 49, U.N.
Doc. A/6316 (1966).
5. International Convention on the Elimination of All Forms of Racial
Discrimination (CERD), G.A. Res. 2106 (XX), U.N GAOR, Supp.
No.14 at 47, U.N. Doc. A/6014, 1966.
6. CERD General Recommendation No. 25: Gender related dimension
of racial discrimination, Gen.Rec.No.25, 20 March 2000.
7. CERD General Recommendation No. 27: Discrimination against
Roma, Gen.Rec.No.27, 16 August 2000.
8. Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), G.A. Res. 34/180, U.N GAOR 34th Sess.,
Supp. No.46 at 193, U.N. Doc. A/34/46, 1981.
9. CEDAW General Recommendation No. 28 on the core obligations of
States parties under article 2 of the Convention on the Elimination of
All Forms of Discrimination against Women, CEDAW/C/GC/28, 16
December 2010.
10. Convention on the Rights of the Child (CRC), G.A. Res. 44/25, U.N
GAOR 44th Sess., Supp. No.49 at 16, U.N. Doc. A/44/49 (1989).
11. Convention against Discrimination in Education, adopted by the
General Conference at its eleventh session, Paris, 14 December 1960.
12. Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities, adopted by General
Assembly resolution 47/135, 18 December 1992.
13. European Convention for the Protection of Human Rights and
Fundamental Freedoms, effective since 3rd September 1953.
14. Protocol No.12 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, ETS No.177.
15. European Social Charter, effective since 26 February 1965.
16. Framework Convention for the Protection of National Minorities,
CETS No. 157, 1 February 1995.
17. Commentary on Education under the Framework Convention for
the Protection of National Minorities, ACFC/25DOC(2006)02, 2
March 2006.
18. , , 15 October
1985.
19. ECRI General Policy Recommendation No.3, Combating racism and
intolerance against Roma/Gypsies, CRI(98)29, adopted on 6 March
1998.

91

20. ECRI General Policy Recommendation No.5, Combating intolerance

and discrimination against Muslims, CRI(2000)21, adopted on 16
March 2000.
21. European Commission against Racism and Intolerance (ECRI),
General Policy Reccommendation No.7, 13 December 2002.
22. ECRI General Policy Recommendation No.10, Combating racism
and racial discrimination in and through school education,
CRI(2007)6, adopted on 15 December 2006.
23. ECRI General Policy Recommendation No.13, Combating antiGypsyism and discrimination against Roma, CRI(2011)37, adopted
on 24 June 2011.
24. European Charter for Regional or Minority Languages, effective
since 1st March 1998.
25. Charter of Fundamental Rights of the European Union, Solemn
Proclamation by the President of the European Parliament, the
European Commission and the Council of Ministers, Nice, OJ C
364/1, 7 December 2000.
26. Council Directive 2000/78/EC of 27 November 2000 establishing a
general framework for Equal Treatment in Employment and
Occupation, [2000] OJ L 303/16.
27. Directive 2000/43/EC of 29 June 2000 implementing the principle of
equal treatment between persons irrespective of racial or ethnic
origin, Official Journal L 180, 19 July 2000.
28. Council Directive 2006/54/EC of 5 July 2006 on the implementation
of the principle of eqial opportunities and equal treatment of man
and women in matters of employment and occupation (recast),
[2006] OJ L 204/23.
29. Council Directive 2004/113/EC of 13 December 2004
implementating the principle of eqial treatment between man and
women in the access to and supply of good and services, [2004] OJ L
373/37.
30. Hague Recommendations regarding education rights of national
minorities and explanatory note, October 1996.
31. Ohrid Framework Agreement
32. Constitution of Republic of Macedonia, Official Journal of RM,
no.52/1991, 22 November 1991.
33. Law on Prevention and Protection against Discrimination, Official
Journal of RM, no.50/2010, 13 April 2010.
34. Criminal Code, Official Journal of RM, no.37/1996, 80/1999, 4/2002,
43/2003, 19/2004, 60/2006, 73/2006, 139/2008, 114/2009 and 135/2011.
35. Law on Courts, Official Journal of RM, no.58/2006, 35/2008 and
150/2010.
92

36. Law on the Protection of Child, Official Journal of RM, no.170/2010

(refined text), 51/2011 and 157/2011.
37. Law on Primary Education, Official Journal of RM, no.103/2008,
33/2010, 116/2010, 156/2010, 18/2011, 51/2011, 6/2012 and 100/2012.
38. Law on Secondary Education, Official Journal of RM, no.52/2002
(refined text), 40/2003, 42/2003, 67/2004, 55/2005, 113/2005, 35/2006,
30/2007, 49/2007, 81/2008, 92/2008, 33/2010, 116/2010, 156/2010,
18/2011, 51/2011, 6/2012 and 100/2012.
39. Law on Higher Education, Official Journal of RM, no.35/2008,
103/2008, 26/2009, 83/2009, 99/2009, 115/2010, 17/2011 and 51/2011.
40. Law on the Establishment of the State University of Tetova, Official
Journal of RM, no.8/2004 and 81/2008.
41. Law on Students Standards, Official Journal of RM, no.52/2005,
11/2008, 17/2011 and 135/2011.
42. Law on the Education Development Bureau, Official Journal of RM,
no.37/2006, 142/2008 and 148/2009.
43. Law on Education Inspection, Official Journal of RM, no.52/2005,
81/2008, 148/2009, 57/2010 and 51/2011.
44. Law on primary and secondary textbooks, Official Journal of RM,
no.98/2008, 99/2009, 83/2010, 135/2011, 51/2011 and 46/2012.
45. Law on Equal Opportunities between women and men, Official
Journal of RM, no.6/2012.
46. Law on Labor Relations, Official Journal of RM, no.62/2005, 106/2008,
161/2008, 114/2009, 16/2010 (refined text), 50/2010, 52/2010, 158/2010
(refined text) and 47/2011.
47. Law on the Ombudsperson, Official Journal of RM, no.60/2003 and
114/2009.
48. Law on the Promotion and Protection of the rights of the community
members who comprise less than 20% of the total population of
Republic of Macedonia, Official Journal of RM, no92/2008.
49. Law on the organization and operation of the state administration
organs, Official Journal of RM, no.58/2004, 44/2002, 82/2008, 167/2010
and 51/2011.
50. Law on the Government, Official Journal of RM, no.115/2007.
51. Election Code, Official Journal of RM, no.40/2006.
52. Law on Local Self-Government, Official Journal of RM, no.5/2002.
53. Law on Local Elections (refined text), Official Journal of RM,
no.45/2007.
54. 2012-2015 National Strategy on Equality and Nondiscrimination on
grounds of ethnicity, age, mental and physical disability and gender,
adopted by the Government of Republic of Macedonia, May 2012.

93

55. 2007-2012 National Action Plan on Gender Equality, adopted in May

2007.
56. 2008-2010 and 2011-2013 Natiional Action Plans on the promotion of
social status of the Roma female in the Republic of Macedonia.
57. 2015 Employment Nationa Strategy of the Republic of Macedonia
(NSV), Ministry of Labor and Social Policy, Skopje, August 2011.
58. Steps to integrated education in the education system of the
Republic of Macedonia, Ministry of Education and Science, October
2010.
59. 2005-2015 National Strategy on Education Development, Ministry of
Education and Science, 2004.
60. 2006-2010 Roma Strategy for the Municipality of Bitola, 2006.

94

8.4.

Jurisprudence

1. HRC, Broeks v. the Netherlands case, Comm. No.172/1984,

CCPR/C/29/D/172/1984.
2. Zwaan-de Vries v. the Netherlands case, Comm. No.182/1984,
CCPR/C/29/D/182/1984.
3. ECtHR, Case relating to certain aspects of the laws on the use of
languages in education in Belgium v. Belgium case, App No. 474/62,
1677/62, 1691/62, 1769/63, 1994/63 and 2126/64, 23 July 1968.
4. ECtHR, D.H. and Others v. Czech Republic case, App No.57325/00,
Grand Chamber Judgement, 13 November 2007.
5. ECtHR, Oru and Others v. Croatia case, App Nos. 15766/03, Grand
Chamber Judgement, 16 March 2010.
6. ECtHR, Sampanis and Others v. Greece case, App Nos. 32526/05, 5
September 2008.
7. ECtHR, Ponomaryovi v. Greece case, App Nos. 5335/05, 28 November
2011.
8. ECtHR, Timishev v. Russia case, App Nos. 55762/00 and 55974/00.
9. ECtHR, Nachova and Others v. Bulgaria case, App Nos. 43577/98 and
43579/98, Grand Chamber Judgement.
10. ECtHR, ei v. Croatia case, App No. 40116/02.
11. ECtHR, Unal Tekeli v. Turkey case, App No. 29865/96.
12. ECtHR, Sejdi and Finci v. Bosnia and Hercegovina case, No.27996/06
and No.34836/06, 22 December 2009.

95

8.5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.

Online sources

http://www2.ohchr.org
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http://eur-lex.europa.eu
http://ec.europa.eu
http://www.osce.org/mk/hcnm
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96