Civil Administration Reform: Ohrid Agreement

4. Non-Discrimination and Equitable Representation

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.

4.2. 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.

4.3. For the Constitutional Court, one-third of the judges will be chosen by the Assembly by a majority of the total number of Representatives that includes a majority of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. This procedure also will apply to the election of the Ombudsman (Public Attorney) and the election of three of the members of the Judicial Council.

ANNEX B: LEGISLATIVE MODIFICATIONS

5. Laws on the Civil Service and Public Administration The Assembly shall adopt by the end of the term of the present Assembly amendments to the laws on the civil service and public administration to ensure equitable representation of communities in accordance with Section 4.2 of the Framework Agreement.

Implementation History

2001

No Implementation

No information available on public administration reform.

2002

No Implementation

No information available on public administration reform. During the 1990s, Albanians made up only 10.2 percent of the overall state administration. In the area of security they made up 2.9 percent of army officers and defense ministry personnel. They constituted 8.7 percent of employees in the ministry of interior and only 4 percent of the police force.1

2003

Intermediate Implementation

Reform in civil administration was underway. The multi-ethnic government which was formed in 1 November 2002, made significant effort to ensure ethnic integration in the country. By the end of the current government’s term, the representation of ethnic Albanian in public administration was expected to grow to 17 percent. In November 2003, the government started some 600 ethnic Albanians for civil servants, to be employed in state institutions in 2004.2

  • 2. "Macedonia To Employ 600 Albanians in State Administration," Balkans Business Digest, September 5, 2003.
2004

Minimum Implementation

Reform in civil administration was hampered by the economic reforms. On November 15, 2004, prime minister Kostov resigned by “accusing the Albanians of having hampered the process of economic reforms and of "worrying only about holding posts in the public administration," a guarantee given to ethnic minorities by the 2001 peace agreement.”3

  • 3. "MACEDONIA: DISAGREEMENT WITH ALBANIANS, PREMIER RESIGNS," ANSA English Media Service, November 15, 2004.
2005

Intermediate Implementation

No report available on civil administration reform but the reform process taken in 2003 was underway.

2006

Intermediate Implementation

“In the period of 2002 till 2006, the representation of the ethnic communities in the public administration increased notably (see data below). This process was accompanied by great resistance within the Macedonian majority. However, the results of this policy are visible: in less than four years, the level of equal representation of the minority groups in the state institutions has risen from the poor 2% to 16.3%. Between December 2002 and December 2005, the number of Albanians employed in the public administration increased from 8,164 to 11,290. According to the analyses of the Sector for Implementation of the Framework Agreement, on average 19 representatives of the minority groups commenced working in the public administration per week or four persons per day. Furthermore, “the percentage of Albanian civil servants has [since] risen in the police from only two to 16 percent, in the Ministry for Defense from two to 14 percent and in the Ministry for Economy from less than five to 24 percent.”4

  • 4. Mehmeti Ermira, Implementation of the Ohrid Framework Agreement,” in Power Sharing and the Implementation of the Ohrid Framework Agreement, Macedonia: Friedrich Ebert Stiftung, 2008), 78.
2007

Intermediate Implementation

No further information is available. However, it was said that Macedonia must have a concrete police force, judicial system and public administration reforms to be considered for the EU membership.5

  • 5. "Macedonia's president confident his country can open entry talks with EU in 2008," Associated Press Worldstream, October 3, 2007.
2008

Intermediate Implementation

Significant progress was reported but quota had not been reached. No information available on ethnic composition of public administration for 2008.

2009

Intermediate Implementation

Significant progress was reported but quota had not been reached. No information available on ethnic composition of public administration for 2009.

2010

Intermediate Implementation

Significant progress was reported but quota had not been reached. No information available on ethnic composition of public administration for 2010. 

No further developments observed.