Ohrid Agreement
Date Signed: 13 August, 2001
Accord Type: Comprehensive Peace Agreement
Country: Macedonia
91.00Implementation Score after 10 years
Provisions in this Accord
Cease Fire
2001
There was a precondition of true holding of the ceasefire agreement for the NATO deployment. However, there were reports of ceasefire violation in various places. This trend continued until January 2001. It can be said that the ceasefire was held by and large.
2002
Ceasefire holding. There was no report of violence that could threaten the peace process.
2003
Ceasefire holding. There was no report of violence that could threaten the peace process.
2004
Ceasefire holding. There was no report of violence that could threaten the peace process.
2005
Ceasefire holding. There was no report of violence that could threaten the peace process.
2006
Ceasefire holding. There was no report of violence that could threaten the peace process.
2007
Ceasefire holding. There was no report of violence that could threaten the peace process.
2008
Ceasefire holding. There was no report of violence that could threaten the peace process.
2009
Ceasefire holding. There was no report of violence that could threaten the peace process.
2010
Ceasefire holding. There was no report of violence that could threaten the peace process.
2.1. The parties underline the importance of the commitments of 5 July 5, 2001. There shall be a complete cessation of hostilities, complete voluntary disarmament of the ethnic Albanian armed groups and their complete voluntary disbandment. They acknowledge that a decision by NATO to assist in this context will require the establishment of a general, unconditional and open-ended cease-fire, agreement on a political solution to the problems of this country, a clear commitment by the armed groups to voluntarily disarm, and acceptance by all the parties of the conditions and limitations under which the NATO forces will operate.
Legislative Branch Reform
2001
Constitutional amendments of 16 November, 2001 made the Albanian language an official language as Albanians form more than 20% of the total population of Macedonia. However, there were limitations in the use of language in the assembly procedures. “Albanian deputies can speak in their language in plenary sessions and working bodies of the Assembly of the Republic of Macedonia.”[fn]Svetomir Skaric, “Ohrid Agreement and Minority Communities in Macedonia,” accessed March 4, 2011, http://www.fes.org.mk/pdf/SVETOMIR%20SKARIC%20-%20OHRID%20AGREEMENT%20AN…
2002
Albanian language was allowed in the assembly procedures through constitutional amendments in 2001, which has been in place without interruption since then.
2003
No developments observed this year.
2004
No developments observed this year.
2005
No developments observed this year.
2006
The largest Albanian party Democratic Union for Integration (DUI) which emerged from the National Liberation Army (Ushtria Clirimtare Kombetare, UCK) was not included in government despite being the largest Albanian party. While this did not violate the Ohrid Framework Agreement, the government lacked the double majority in parliament and there have been efforts by the government to circumvent the double majority requirement. In addition there has been a boycott of the Albanian party, followed by a specific agreement between Internal Macedonian Revolutionary Organization (Vnatrešna makedonska revolucionerna organizacija, VMRO) and DUI.
2007
No developments observed this year.
2008
The largest Albanian party Democratic Union for Integration (DUI) which emerged from the National Liberation Army (Ushtria Clirimtare Kombetare, UCK) joined the governing coalition in 2008.
2009
No further developments observed.
2010
No further developments observed.
5. Special Parliamentary Procedures
5.1. On the central level, certain Constitutional amendments in accordance with Annex A and the Law on Local Self-Government cannot be approved without a qualified majority of two-thirds of the votes, within which there must be a majority of the votes of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
5.2. Laws that directly affect culture, use of language, education, personal documentation, and use of symbols, as well as laws on local finances, local elections, the city of Skopje, and boundaries of municipalities must receive a majority of votes, within which there must be a majority of the votes of the Representatives claiming to belong to the communities not in the majority in the population of Macedonia.8.2. The legislative modifications identified in Annex B will be adopted in accordance with the timetables specified therein.
ANNEX B: LEGISLATIVE MODIFICATIONS
7. Rules of the Assembly
The Assembly shall amend by the end of the term of the present Assembly its Rules of Procedure to enable the use of the Albanian language in accordance with Section 6.5 of the Framework Agreement, paragraph 8 below, and the relevant amendments to the Constitution set forth in Annex A.
8. Laws Pertinent to the Use of Languages
The Assembly shall adopt by the end of the term of the present Assembly new legislation regulating the use of languages in the organs of the Republic of Macedonia. This legislation shall provide that:
– Representatives may address plenary sessions and working bodies of the Assembly in languages referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A);
– Laws shall be published in the languages referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A); and
– All public officials may write their names in the alphabet of any language referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A) on any official documents.
The Assembly also shall adopt by the end of the term of the present Assembly new legislation on the issuance of personal documents.
Constitutional Reform
2001
The Macedonian assembly, on 7 September 2001, approved the Ohrid Agreement and paved the wayfor the advancement of the peace process to the next stage involving disarmament of ethnic Albanian rebels and the disbandment of National Liberation Army (NLA). After the disarmament, which was scheduled to be completed within 30 days (by 27 September) of the deployment of the NATO mission, the constitutional amendments were said to be forwarded.
On 19 September 2001, after the meeting of the assembly’s constitutional commission, president Trajkovski recommended that the Macedonian Assembly draft amendments on constitutions. It was said that the public debate was to last for 10 days starting the day when the assembly drafts the amendments.[fn]”Macedonia: Assembly body recommends going on with constitutional amendments,” BBC Monitoring Europe, September 19, 2001.[/efn_note] But, the proposal by the small New Democracy party to put the constitutional amendments to a referendum disrupted the drafting process.1
On 16 November 2001, the Macedonian assembly approved 15 different amendments of the constitution including a new — that gives improved rights to the country’s ethnic Albanians. These amendments were adopted by a large majority, with 94 deputies voting in favor and only 14 against the measures.2“Macedonia gets new constitution boosting ethnic-Albanian rights,” Agence France Presse, November 16, 2001; For details of amendments, see, http://eudo-citizenship.eu/NationalDB/docs/MAC%20Const%20Amendments%20IV…
- “NATO begins last stage of weapons collection in Macedonia, parliament debate reflects obstacles ahead to peace,” Associated Press, September 20, 2001.
2002
Constitutional changes were made in November 2001 as decided in the framework agreement.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
3.1. A revised Law on Local Self-Government will be adopted that reinforces the powers of elected local officials and enlarges substantially their competencies in conformity with the Constitution (as amended in accordance with Annex A) and the European Charter on Local Self-Government, and reflecting the principle of subsidiarity in effect in the European Union. Enhanced competencies will relate principally to the areas of public services, urban and rural planning, environmental protection, local economic development, culture, local finances, education, social welfare, and health care. A law on financing of local self-government will be adopted to ensure an adequate system of financing to enable local governments to fulfill all of their responsibilities.
8.1. The Constitutional amendments attached at Annex A will be presented to the Assembly immediately. The parties will take all measures to assure adoption of these amendments within 45 days of signature of this Framework Agreement.
ANNEX A: CONSTITUTIONAL AMENDMENTS
Preamble
The citizens of the Republic of Macedonia, taking over responsibility for the present and future of their fatherland, aware and grateful to their predecessors for their sacrifice and dedication in their endeavors and struggle to create an independent and sovereign state of Macedonia, and responsible to future generations to preserve and develop everything that is valuable from the rich cultural inheritance and coexistence within Macedonia, equal in rights and obligations towards the common good — the Republic of Macedonia, in accordance with the tradition of the Krushevo Republic and the decisions of the Antifascist People’s Liberation Assembly of Macedonia, and the Referendum of September 8, 1991, they have decided to establish the Republic of Macedonia as an independent, sovereign state, with the intention of establishing and consolidating rule of law, guaranteeing human rights and civil liberties, providing peace and coexistence, social justice, economic well-being and prosperity in the life of the individual and the community, and in this regard through their representatives in the Assembly of the Republic of Macedonia, elected in free and democratic elections, they adopt.
Article 7
1. The Macedonian language, written using its Cyrillic alphabet, is the official language throughout the Republic of Macedonia and in the international relations of the Republic of Macedonia.
2. Any other language spoken by at least 20 percent of the population is also an official language, written using its alphabet, as specified below.
3. Any official personal documents of citizens speaking an official language other than Macedonian shall also be issued in that language, in addition to the Macedonian language, in accordance with the law.
4. Any person living in a unit of local self-government in which at least 20 percent of the population speaks an official language other than Macedonian may use any official language to communicate with the regional office of the central government with responsibility for that municipality; such an office shall reply in that language in addition to Macedonian. Any person may use any official language to communicate with a main office of the central government, which shall reply in that language in addition to Macedonian.
5. In the organs of the Republic of Macedonia, any official language other than Macedonian may be used in accordance with the law.
6. In the units of local self-government where at least 20 percent of the population speaks a particular language, that language and its alphabet shall be used as an official language in addition to the Macedonian language and the Cyrillic alphabet. With respect to languages spoken by less than 20 percent of the population of a unit of local self-government, the local authorities shall decide on their use in public bodies.
Article 8
1. The fundamental values of the constitutional order of the Republic of Macedonia are:
– the basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution;
– equitable representation of persons belonging to all communities in public bodies at all levels and in other areas of public life;
Article 19
1. The freedom of religious confession is guaranteed.
2. The right to express one’s faith freely and publicly, individually or with others is guaranteed.
3. The Macedonian Orthodox Church, the Islamic Religious Community in Macedonia, the Catholic Church, and other Religious communities and groups are separate from the state and equal before the law.
4. The Macedonian Orthodox Church, the Islamic Religious Community in Macedonia, the Catholic Church, and other Religious communities and groups are free to establish schools and other social and charitable institutions, by ways of a procedure regulated by law.
Article 48
1. Members of communities have a right freely to express, foster and develop their identity and community attributes, and to use their community symbols.
2. The Republic guarantees the protection of the ethnic, cultural, linguistic and religious identity of all communities.
3. Members of communities have the right to establish institutions for culture, art, science and education, as well as scholarly and other associations for the expression, fostering and development of their identity.
4. Members of communities have the right to instruction in their language in primary and secondary education, as determined by law. In schools where education is carried out in another language, the Macedonian language is also studied.
Article 56
(2) The Republic guarantees the protection, promotion and enhancement of the historical and artistic heritage of Macedonia and all communities in Macedonia and the treasures of which it is composed, regardless of their legal status. The law regulates the mode and conditions under which specific items of general interest for the Republic can be ceded for use.
Article 69
(2) For laws that directly affect culture, use of language, education, personal documentation, and use of symbols, the Assembly makes decisions by a majority vote of the Representatives attending, within which there must be a majority of the votes of the Representatives attending who claim to belong to the communities not in the majority in the population of Macedonia. In the event of a dispute within the Assembly regarding the application of this provision, the Committee on Inter-Community Relations shall resolve the dispute.
Article 77
1. The Assembly elects the Public Attorney by a majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
2. The Public Attorney protects the constitutional rights and legal rights of citizens when violated by bodies of state administration and by other bodies and organizations with public mandates. The Public Attorney shall give particular attention to safeguarding the principles of non-discrimination and equitable representation of communities in public bodies at all levels and in other areas of public life.
Article 78
1. The Assembly shall establish a Committee for Inter-Community Relations.
2. The Committee consists of seven members each from the ranks of the Macedonians and Albanians within the Assembly, and five members from among the Turks, Vlachs, Romanies and two other communities. The five members each shall be from a different community; if fewer than five other communities are represented in the Assembly, the Public Attorney, after consultation with relevant community leaders, shall propose the remaining members from outside the Assembly.
3. The Assembly elects the members of the Committee.
4. The Committee considers issues of inter-community relations in the Republic and makes appraisals and proposals for their solution.
5. The Assembly is obliged to take into consideration the appraisals and proposals of the Committee and to make decisions regarding them.
6. In the event of a dispute among members of the Assembly regarding the application of the voting procedure specified in Article 69(2), the Committee shall decide by majority vote whether the procedure applies.
Article 84
The President of the Republic of Macedonia
– proposes the members of the Council for Inter-Ethnic Relations:
Article 86
1. The President of the Republic is President of the Security Council of the Republic of Macedonia.
2. The Security Council of the Republic is composed of the President of the Republic, the President of the Assembly, the Prime Minister, the Ministers heading the bodies of state administration in the fields of security, defence and foreign affairs and three members appointed by the President of the Republic. In appointing the three members, the President shall ensure that the Security Council as a whole equitably reflects the composition of the population of Macedonia.
3. The Council considers issues relating to the security and defence of the Republic and makes policy proposals to the Assembly and the Government.
Article 104
1. The Republican Judicial Council is composed of seven members.
2. The Assembly elects the members of the Council. Three of the members shall be elected by a majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
Article 109
1. The Constitutional Court of Macedonia is composed of nine judges.
2. The Assembly elects six of the judges to the Constitutional Court by a majority vote of the total number of Representatives. The Assembly elects three of the judges by a majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
3. Article 114
(5) Local self-government is regulated by a law adopted by a two-thirds majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. The laws on local finances, local elections, boundaries of municipalities, and the city of Skopje shall be adopted by a majority vote of the Representatives attending, within which there must be a majority of the votes of the Representatives attending who claim to belong to the communities not in the majority in the population of Macedonia.
Article 115
(1) In units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social security and child care, education, health care and other fields determined by law.
Article 131
1. The decision to initiate a change in the Constitution is made by the Assembly by a two-thirds majority vote of the total number of Representatives.
2. The draft amendment to the Constitution is confirmed by the Assembly by a majority vote of the total number of Representatives and then submitted to public debate.
3. The decision to change the Constitution is made by the Assembly by a two-thirds majority vote of the total number of Representatives.
4. A decision to amend the Preamble, the articles on local self-government, Article 131, any provision relating to the rights of members of communities, including in particular Articles 7, 8, 9, 19, 48, 56, 69, 77, 78, 86, 104 and 109, as well as a decision to add any new provision relating to the subject matter of such provisions and articles, shall require a two-thirds majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
5. The change in the Constitution is declared by the Assembly.
Boundary Demarcation
2001
Provision on boundary demarcation was not implemented.
2002
The Macedonian parliament approved a new law on local self-government on 24 January.[fn]”MACEDONIA HAS A NEW LAW ON LOCAL SELF-GOVERNMENT,” IPR Strategic Business Information Database, February 5, 2002.[/efn_note] But, boundaries of municipalities were not redrawn in 2002.
2003
Boundaries of municipalities were not redrawn in 2003.
2004
After the government approval of the draft, the Macedonian parliament opened a debate on a contentious draft law on 26 July 2004. The law, if passed would give ethnic Albanians control of 16 municipalities in the tense Balkan state.1 “The decentralization law also would reduce the number of municipalities from 123 to 80, in some cases redrawing borders to include ethnic Albanian villages in Macedonian-dominated municipalities. In two towns, the new borders would give ethnic Albanians majority control.”2 But the opposition had lodged some 200 amendments to the proposal. At the same time, the government had postponed the local election scheduled for October that year.
On August 11, 2004, the parliament adopted the bill that would redraw the municipal boundaries and give ethnic Albanian minority greater power.3 The measure was adopted with 61-7 in the 120-seat assembly.
The opposition, however, lodged a petition on 1 September 2004 demanding a referendum to revoke a disputed decentralization law.4 The referendum took place on November 7, 2004. Macedonia’s government, the European Union, and the United States urged voters to boycott the referendum vote. In the referendum, the measure to scale back the decentralization and boundary demarcation was defeated as the turnout did not met the 50% threshold.5
- “Macedonia’s parliament debates law to give ethnic Albanians control of some cities,” Associated Press Worldstream, July 26, 2004.
- “Government calls for postponement of local elections in Macedonia until decentralization law approved,” Associated Press Worldstream, July 30, 2004.
- “Macedonia adopts key reform that changes balance of ethnic power,” Associated Press Worldstream, August 12, 2004.
- “Macedonia’s opposition petitions for referendum on disputed decentralization law,” Associated Press Worldstream, September 1, 2004.
- “International Observers Say Macedonia Vote Meets Standards; Statement by OSCE’s Office for Democratic Institutions and Human Rights,” State Department, November 8, 2004.
2005
Boundary Demarcation took place in 2004.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
3.2. Boundaries of municipalities will be revised within one year of the completion of a new census, which will be conducted under international supervision by the end of 2001. The revision of the municipal boundaries will be effectuated by the local and national authorities with international participation.
Electoral/Political Party Reform
2001
Some constitutional reforms as stipulated in the 2001 framework agreement took place in 2001. However, constitutional reform or laws related to electoral districts did not take place.
2002
On 14 June 2002, Macedonia’s parliament approved two new election laws related to voting procedures and minority rights. According to constitutional reforms, deputies in the 120-seat Macedonian parliament will be elected by voters choosing from among parties rather than individual candidates. The reform also revised the ballot by allowing the use of Macedonian and Albanian flag symbols to differentiate between parties. The legislative changes also divide Macedonia into six election regions rather than 120.
2003
Laws related to electoral districts were passed in 2002 suggesting the implementation of the framework agreement.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
6. Law on Electoral Districts
The Assembly shall adopt by the end of 2002 a revised Law on Electoral Districts, taking into account the results of the census and the principles set forth in the Law on the Election of Members for the Parliament of the Republic of Macedonia.
Decentralization/Federalism
2001
On 6 December2001, the draft Law on Local Self-Government was introduced in the assembly.[fn]”Macedonia: Albanian deputy backs draft Law on Local Self-Government,” BBC Monitoring Europe, December 7, 2001.[/efn_note] Even though Albanian minority liked the draft law, it was introduced way behind the original schedule.
2002
As the controversy on local self-government continued in the assembly, the ethnic Albanian rebel vowed to reactivate the disbanded National Liberation Army.1
On 22 January 2002, party leaders in Macedonia agree on draft law on local self-government. The law on local self-government was expected to be adopted by assembly later that week.2 The Macedonian parliament approved a new law on local self-government on 24 January but, boundaries of municipalities were not redrawn in 2002.3
- “Albanian guerrillas threaten to resume Macedonian insurgency,” Center for Peace in the Balkans, B92, January 12, 2002.
- “Party leaders in Macedonia agree on draft law on local self-government,” BBC Monitoring Europe, January 22, 2002.
- “MACEDONIA HAS A NEW LAW ON LOCAL SELF-GOVERNMENT,” IPR Strategic Business Information Database, February 5, 2002.
2003
Law on local self-government was adopted in 2002. However, boundaries of municipalities were not redrawn in 2003.
2004
Law on local self-government was adopted in 2002. Boundaries of municipalities were redrawn in 2004.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
3. Development of Decentralized Government
3.1. A revised Law on Local Self-Government will be adopted that reinforces the powers of elected local officials and enlarges substantially their competencies in conformity with the Constitution (as amended in accordance with Annex A) and the European Charter on Local Self- Government, and reflecting the principle of subsidiarity in effect in the European Union. Enhanced competencies will relate principally to the areas of public services, urban and rural planning, environmental protection, local economic development, culture, local finances, education, social welfare, and health care. A law on financing of local self-government will be adopted to ensure an adequate system of financing to enable local governments to fulfill all of their responsibilities.
3.2. Boundaries of municipalities will be revised within one year of the completion of a new census, which will be conducted under international supervision by the end of 2001. The revision of the municipal boundaries will be effectuated by the local and national authorities with international participation.
3.3. In order to ensure that police are aware of and responsive to the needs and interests of the local population, local heads of police will be selected by municipal councils from lists of candidates proposed by the Ministry of Interior, and will communicate regularly with the councils. The Ministry of Interior will retain the authority to remove local heads of police in accordance with the law.
ANNEX C: IMPLEMENTATION AND CONFIDENCE-BUILDING MEASURES
4. Development of Decentralized Government
4.1. The parties invite the international community to assist in the process of strengthening local self-government. The international community should in particular assist in preparing the necessary legal amendments related to financing mechanisms for strengthening the financial basis of municipalities and building their financial management capabilities, and in amending the law on the boundaries of municipalities.
Civil Administration Reform
2001
No information available on public administration reform.
2002
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.[fn]Merle Vetterlein, “The Influence of the Ohrid Framework Agreement on the Educational Policy of the Republic of Macedonia,” (Paper presented at the 8th Annual Kokkalis Graduate Student Workshop, February 3, 2006, http://www.hks.harvard.edu/kokkalis/GSW8/Vetterlein_Paper.pdf, page 5).[/efn_note]
2003
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 2004.1
- “Macedonia To Employ 600 Albanians in State Administration,” Balkans Business Digest, September 5, 2003.
2004
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.”1
- “MACEDONIA: DISAGREEMENT WITH ALBANIANS, PREMIER RESIGNS,” ANSA English Media Service, November 15, 2004.
2005
No report available on civil administration reform but the reform process taken in 2003 was underway.
2006
“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.”1
- 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
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.1
- “Macedonia’s president confident his country can open entry talks with EU in 2008,” Associated Press Worldstream, October 3, 2007.
2008
Significant progress was reported but quota had not been reached. No information available on ethnic composition of public administration for 2008.
2009
Significant progress was reported but quota had not been reached. No information available on ethnic composition of public administration for 2009.
2010
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.
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.
Judiciary Reform
2001
No information available on judiciary reform.
2002
No information available on judiciary reform.
2003
According to the American Bar Association report, out of 633 judges, 561 (88.7%) are Macedonians and 41 (6.5%) were Albanians. The report states that “across the judiciary as a whole, ethnic Macedonians and Vlachs are overrepresented, and the other ethnic communities are underrepresented. However, the situation varies from court to court. In the Supreme Court, for example, 6 of the 22 presently sitting judges (27.2%) are ethnic Albanians, as are 5 of 19 judges (26.3%) in the Gostivar Basic Court, and 4 of 17 judges (23.5%) in the Kicevo Basic Court—close to their percentage in the population at large. In some courts, particularly in western Macedonia, there are even higher percentages of ethnic Albanian judges. For example, 11 of 28 judges (39.3%) in the Tetovo Basic Court and 3 of 5 judges (60%) in the Debar Basic Court are ethnic Albanians. Nevertheless, to achieve the Constitution’s goal of fair representation of citizens of all communities, more needs to be done.”1
- “Judicial reform Index for Macedonia (Volume II),” American Bar Association, November 2003, 9, accessed March 9, 2010, http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN017582.pdf.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Military Reform
2001
After the agreement, Macedonian government made remarkable progress by incorporating ethnic minorities in public services, including military services.[fn]”People-Centred Analysis: Quality of Social Services,” UNDP and SEEU, 2010, 65. [/efn_note] Information on ethnic composition of military were not available.
2002
No developments observed this year.
2003
No developments observed this year.
2004
No developments observed this year.
2005
No developments observed this year.
2006
No developments observed this year.
2007
No developments observed this year.
2008
According to the 2008 data on the ethnic composition, 22% of the professional army representatives are ethnic Albanians, 2.3% are Turks, 1.3% are Roma and 2.4% are Serbs.1
2009
No further developments observed.
2010
No further developments observed.
5. Non-Discrimination and Equitable Representation
5.1. Taking into account i.a. the recommendations of the already established governmental commission, the parties will take concrete action to increase the representation of members of communities not in the majority in Macedonia in public administration, the military, and public enterprises, as well as to improve their access to public financing for business development.
Police Reform
2001
Information on police reform not available.
2002
Information on police reform not available.
2003
By the end of July 2003, 1,156 new recruits from non-majority communities (66.6% Albanians) had been trained by the OSCE.[fn]Nadège Ragaru, “MACEDONIA : BETWEEN OHRID AND BRUSSELS,” 2008, accessed March 3, 2011, http://www.ceri-sciences-po.org.[/efn_note] No further information available.
2004
As of December 2004, the Police had increased the Albanian proportion to 13.31%.1
- Armend Reka, “The Ohrid Agreement: The Travails of Inter-ethnic Relations in Macedonia,” Human Rights Review 9 (2008): 61.
2005
Information on police reform not available.
2006
In 2006, according to the data provided by the Ombudsman’s office, the Albanians accounted for 14,9% of the 12 076 employees of the Home Affairs Office whereas 80,6% were ethnic Macedonians.1
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
3.3. In order to ensure that police are aware of and responsive to the needs and interests of the local population, local heads of police will be selected by municipal councils from lists of candidates proposed by the Ministry of Interior, and will communicate regularly with the councils. The Ministry of Interior will retain the authority to remove local heads of police in accordance with the law.
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.
ANNEX C
5.3. The parties also invite the OSCE, the European Union, and the United States to increase training and assistance programs for police, including:
- professional, human rights, and other training;
- technical assistance for police reform, including assistance in screening, selection and promotion processes;
- development of a code of police conduct;
- cooperation with respect to transition planning for hiring and deployment of police officers from communities not in the majority in Macedonia; and
- deployment as soon as possible of international monitors and police advisors in sensitive areas, under appropriate arrangements with relevant authorities.
Disarmament
2001
After signing a peace agreement, NATO officially started the operation “Essential Harvest” on 27 August 2001 for 30 days. This 30-day mission involved the sending of approximately 3,500 NATO troops, with logistical support, to disarm ethnic Albanian groups and destroy their weapons.[fn] “NATO’s role in the Former Yugoslav Republic of Macedonia,” NATO, accessed March 3, 2011, http://www.nato.int/fyrom/.[/efn_note] But immediately after the deployment of the NATO troops, a spat on quantity of rebel arms to be collected emerged with government insisting at least 60,000 weapons were in the hands of the NLA, far more than the NATO estimate of less than 3,000. The Macedonian government had said in the past that the NLA had 6,000 to 8,000 light arms.1 On 24 August 2001, NATO and ethnic Albanian guerrillas agreed on number of arms to be collected, with alliance estimating 3,300 weapons, while Skopje insisted that the number was over 60,000.2
On 26 September 2001, NATO completed its 30-day mission to disarm ethnic Albanian militants. NATO forces collected a total of 3,875 weapons from the rebels, exceeding their stated goal of 3,300.3 On 27 September 2001, the leader of the National Liberation Army (NLA) Ali Ahmeti said in a press conference that the Ethnic Albanian rebels in Macedonia had formally disbanded and returned to their normal lives. He also invited the Macedonian police to enter former NLA-controlled areas.4
- “Debate heats up over rebel arms as NATO troops pour into Macedonia,” Agence France Presse, August 23, 2001.
- “Timetable of seven-month conflict in Macedonia,” Agence France Presse, August 27, 2001.
- “Macedonia:NATO Disarmament Mission Ends; Other Developments,” Facts on File World News Digest, September 26, 2001.
- “Rebels in Macedonia officially disband,” Agence France Presse, September 27, 2001.
2002
Ethnic Albanian rebels were disarmed in September 2001. A total of 3,875 weapons were collected in a weapon collection program launched by NATO. No further information available.
2003
The weapon collection target set by NATO was met in September 2001. Nevertheless, there was a fear that many weapons remained among ethnic Albanians and Macedonians as well as fears of a resumption of the ethnic conflict. Therefore, the government launched a 45-day weapon amnesty program by offering people who handed over guns to the authorities a chance to win a car in a lottery as well as no persecution for illegally possessing guns. By 15 December 2003, “officials had collected just 7,500 items, 6,400 of which guns. Some 100,000 pieces of ammunition and 165 kilograms of explosives were also turned over.”1
- Julia Geshakovska, “Macedonia: Weapons Amnesty a Success, But Many Stick to Their Guns,” RFE/RL Feature Articles, accessed March 10, 2011, www.rferl.org/features/2003/12/17122003170425.asp.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
2.1. The parties underline the importance of the commitments of 5 July 5, 2001. There shall be a complete cessation of hostilities, complete voluntary disarmament of the ethnic Albanian armed groups and their complete voluntary disbandment. They acknowledge that a decision by NATO to assist in this context will require the establishment of a general, unconditional and open-ended cease-fire, agreement on a political solution to the problems of this country, a clear commitment by the armed groups to voluntarily disarm, and acceptance by all the parties of the conditions and limitations under which the NATO forces will operate.
Paramilitary Groups
2001
The framework agreement called for a voluntary disbandment of the Albanian rebel group National Liberation Army (NLA) by 5 July 2001. This disbandment did not happen within the stipulated time frame. However, once NATO’s weapon collection goal was met in September 2001, the NLA leader Ali Ahmeti, on 27 September, said in a press conference that the Ethnic Albanian rebels in Macedonia had formally disbanded and returned to their normal lives. He also invited the Macedonian police to enter former NLA-controlled areas.[fn]”Rebels in Macedonia officially disband,” Agence France Presse, September 27, 2001.[/efn_note]
2002
NLA was formally disbanded in September 2001. Its members returned to their normal lives.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
2. Cessation of Hostilities
2.1. The parties underline the importance of the commitments of 5 July 5, 2001. There shall be a complete cessation of hostilities, complete voluntary disarmament of the ethnic Albanian armed groups and their complete voluntary disbandment. They acknowledge that a decision by NATO to assist in this context will require the establishment of a general, unconditional and open-ended cease-fire, agreement on a political solution to the problems of this country, a clear commitment by the armed groups to voluntarily disarm, and acceptance by all the parties of the conditions and limitations under which the NATO forces will operate.
Refugees
2001
The parliamentary debate on peace agreement was halted on issues related to refugees in early September 2002. Nationalist politicians were complaining that ethnic Albanian rebels were blocking the reparations of Slav refugees. As a matter of fact, the speaker of the assembly “adjourned the debate after demanding new conditions for the return of the estimated 125,000 Macedonian Slav refugees mainly from Kosovo.”[fn]”Macedonia resumes peace debate,” CNN.com, September 2, 2001.[/efn_note]
UNHCR statistics shows that some 90,012 refugees returned to Macedonia.[fn]”2005 UNHCR Statistical Yearbook Country Data Sheet – Former Yugoslav Republic of Macedonia,” UNHCR, 2007. [/efn_note]
2002
According to UNHCR, 10,767 refugees returned to Macedonia in 2002.
2003
According to UNHCR, 2,201 refugees returned to Macedonia in 2003.
2004
According to UNHCR, 726 refugees returned to Macedonia in 2004.
2005
Refugee reparation was completed in 2004. This provision of the agreement was completely implemented.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
ANNEX C
3.1. All parties will work to ensure the return of refugees who are citizens or legal residents of Macedonia and displaced persons to their homes within the shortest possible timeframe, and invite the international community and in particular UNHCR to assist in these efforts.
Internally Displaced Persons
2001
Gradual progress was made in resettling the IDPs. In 2001, there were an estimated 510,000 refugees.1 By the end of NATO’s Operation Essential Harvest ( 27 Sept. 2001), some 55,000 IDPs had gone home.2
- “Internal displacement caused by conflict and violence,” Internal Displacement Monitoring Centre (IDMC), July 16, 2010, accessed March 10, 2011, available at: http://www.unhcr.org/refworld/docid/4c4030912.html.
- “REFUGEES RETURN TO MACEDONIA SLOWS-UNHCR,” ONASA News Agency, September 28, 2001.
2002
The IDMC did not report IDPs from 2002 to 2009, which suggests that the IDPs were rehabilitated. Also, international donor agencies and European countries provided supports in resettling the IDPs.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
ANNEX C
3.1. All parties will work to ensure the return of refugees who are citizens or legal residents of Macedonia and displaced persons to their homes within the shortest possible timeframe, and invite the international community and in particular UNHCR to assist in these efforts.
Indigenous Minority Rights
2001
Constitutional amendments related to minority rights passed on November 16, 2001, after three months. With the amendments of the constitution, the Albanian language could be used in the assembly procedures. The first amendment (November 2001) of the constitution enabled the Albanian language in the rules of procedures of the assembly.
2002
Law on Local Self-Government was passed in January 22, 2002. This ensured higher participation of ethnic minorities.
2003
No developments observed this year.
2004
On 11 August 2004, parliament adopted the bill that would redraw the municipal boundaries and give ethnic Albanian minority greater power. Constitutional amendments were made to ensure the proportional representation of ethnic minorities in the civil administration.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
5.1. On the central level, certain Constitutional amendments in accordance with Annex A and the Law on Local Self-Government cannot be approved without a qualified majority of two-thirds of votes, within which there must be a majority of the votes of Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
5.2. Laws that directly affect culture, use of language, education, personal documentation, and use of symbols, as well as laws on local finances, local elections, the city of Skopje, and boundaries of municipalities must receive a majority of votes, within which there must be a majority of the votes of the Representatives claiming to belong to the communities not in the majority in the population of Macedonia.
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.
6.5. Any other language spoken by at least 20 percent of the population is also an official language, as set forth herein. In the organs of the Republic of Macedonia, any official language other than Macedonian may be used in accordance with the law, as further elaborated in Annex B. Any person living in a unit of local self-government in which at least 20 percent of the population speaks an official language other than Macedonian may use any official language to communicate with the regional office of the central government with responsibility for that municipality; such an office will reply in that language in addition to Macedonian. Any person may use any official language to communicate with a main office of the central government, which will reply in that language in addition to Macedonian.
6.6. With respect to local self-government, in municipalities where a community comprises at least 20 percent of the population of the municipality, the language of that community will be used as an official language in addition to Macedonian. With respect to languages spoken by less than 20 percent of the population of the municipality, the local authorities will decide democratically on their use in public bodies.
6.7. In criminal and civil judicial proceedings at any level, an accused person or any party will have the right to translation at State expense of all proceedings as well as documents in accordance with relevant Council of Europe documents.
6.8. Any official personal documents of citizens speaking an official language other than Macedonian will also be issued in that language, in addition to the Macedonian language, in accordance with the law.
Education Reform
2001
Following the approval of the constitutional changes by the parliament in November 2001, the issue of Albanian-language higher education remained unresolved. The issue was related to the legalization of Tetovo University, which was an Albanian language higher education institution.[fn]”Macedonia: rector calls for legalization of ethnic Albanian Tetovo University,” BBC Monitoring Europe, November 21, 2001.[/efn_note]
2002
Issues related to legality of the Albanian language higher education remained unresolved. It remained a contentious issue.
2003
On 17 July 2003, government changed the education law and allowed the ethnic-Albanian Tetovo University to operate on a legal basis. “The move is a decisive step towards ending a standoff that has become one of the most divisive issues in Macedonian politics. Education has been the source of significant tension between the ethnic-Macedonian majority and the country’s 30% Albanian minority, which currently forms only 3% of the student population at the two official universities of Skopje and Bitola. The recognition of Tetovo University was a key demand in the 2001 clashes between ethnic Albanian rebel forces and the Macedonian government.”1 According to the law, “the Albanian language is raised to the level of official use in the institutions of higher education, and will at the same time enjoy the right to funds from the state budget in the same way as the University of Shkup Skopje and that of Manastir Bitola.”2
- “Macedonia Moves to Legalize Ethnic-Albanian University,” World Markets Analysis, July 1, 2003.
- “Macedonia’s Tetovo University receives state funding under new law,” BBC Monitoring Europe, July 19, 2003.
2004
Education reform took place in 2004 that met the ethnic Albanian demands.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Official Language and Symbol
2001
Constitutional amendments of 16 November, 2001, made the Albanian language an official language as Albanians form more than 20% of the total population of Macedonia.[fn]Svetomir Skaric, “Ohrid Agreement and Minority Communities in Macedonia,” accessed March 4, 2011, http://www.fes.org.mk/pdf/SVETOMIR%20SKARIC%20-%20OHRID%20AGREEMENT%20AN…
According to the law, it can be used in assembly procedures as well as in local government in municipalities where the Albanians comprise more than 20% of the population.
2002
Constitutional amendments took place in 2001.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
6.4. The official language throughout Macedonia and in the international relations of Macedonia is the Macedonian language.
6.5. Any other language spoken by at least 20 percent of the population is also an official language, as set forth herein. In the organs of the Republic of Macedonia, any official language other than Macedonian may be used in accordance with the law, as further elaborated in Annex B. Any person living in a unit of local self-government in which at least 20 percent of the population speaks an official language other than Macedonian may use any official language to communicate with the regional office of the central government with responsibility for that municipality; such an office will reply in that language in addition to Macedonian. Any person may use any official language to communicate with a main office of the central government, which will reply in that language in addition to Macedonian.
6.6. With respect to local self-government, in municipalities where a community comprises at least 20 percent of the population of the municipality, the language of that community will be used as an official language in addition to Macedonian. With respect to languages spoken by less than 20 percent of the population of the municipality, the local authorities will decide democratically on their use in public bodies.
6.7. In criminal and civil judicial proceedings at any level, an accused person or any party will have the right to translation at State expense of all proceedings as well as documents in accordance with relevant Council of Europe documents.
6.8. Any official personal documents of citizens speaking an official language other than Macedonian will also be issued in that language, in addition to the Macedonian language, in accordance with the law.
7.1. With respect to emblems, next to the emblem of the Republic of Macedonia, local authorities will be free to place on front of local public buildings emblems marking the identity of the community in the majority in the municipality, respecting international rules and usages.
Media Reform
2001
According to the United States Department of State’s annual human rights report, the Macedonian government restricted ethnic Albanians access to media, intimidated media that was critical of the government; and government was bias in its support of media sector. Ethnic Turks also faced discrimination in education and media access.[fn]”Country Reports on Human Rights Practices-2002, Macedonia,” United States Department of State, http://www.state.gov/j/drl/rls/hrrpt/2002/18379.htm.[/efn_note]
2002
The United States Department of State’s 2002 annual human rights reported significant improvement in media sector, but there were cases against journalists for insulting former parliament speaker Stojan Andov. In this regard, court decided to fine, and imprison journalists. The court decisions were protested as attempts to intimidate journalists and effort to control media access.1
- “Country Reports on Human Rights Practices-2003, Macedonia,” United States Department of State, http://www.state.gov/j/drl/rls/hrrpt/2003/27852.htm.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
ANNEX C
6.1. The parties invite the international community, including the OSCE, to increase its assistance for projects in the area of media in order to further strengthen radio, TV and print media, including Albanian language and multiethnic media. The parties also invite the international community to increase professional media training programs for members of communities not in the majority in Macedonia. The parties also invite the OSCE to continue its efforts on projects designed to improve inter-ethnic relations.
Ratification Mechanism
2001
The Macedonian assembly, on 7 September 2001, approved the Ohrid Agreement and paved the way for the advancement of the peace process to the next stage involving disarmament of ethnic Albanian rebels and the disbandment of National Liberation Army (NLA). After the disarmament, which was scheduled to be completed within 30 days (by 27 September) of the deployment of the NATO mission, the constitutional amendments were said to be forwarded.
2002
Ratification of the agreement took place in September 2001.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
8.1. The Constitutional amendments attached at Annex A will be presented to the Assembly immediately. The parties will take all measures to assure adoption of these amendments within 45 days of signature of this Framework Agreement.
8.2. The legislative modifications identified in Annex B will be adopted in accordance with the timetables specified therein.
10.1. This Agreement takes effect upon signature.
Donor Support
2001
A donor conference did not take place in 2001.
2002
A donor conference was held in March 2002 and raised 307 million Euro. European commission pleaded 104 million Euro of which 32.54 million Euro was for reconstruction and rehabilitation of areas affected directly by the conflict. It was reported that the donors would spend an extra 271 million Euro on general economic development in Macedonia in 2002. The World Bank’s contribution is 57 million Euro.[fn]”EU/MACEDONIA: DONORS RAISE MORE THAN PLANNED,” European Report, March 16, 2002.[/efn_note] Donor countries and communities pledged some Euro 307 for the reconstruction and rehabilitation of areas affected by the conflict. This support was additional to 271 million Euro given for general economic development in 2002.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
8.3. The parties invite the international community to convene at the earliest possible time a meeting of international donors that would address in particular macro-financial assistance; support for the financing of measures to be undertaken for the purpose of implementing this Framework Agreement, including measures to strengthen local self-government; and rehabilitation and reconstruction in areas affected by the fighting.
ANNEX C
3.3. The parties invite the European Commission and the World Bank to rapidly convene a meeting of international donors after adoption in the Assembly of the Constitutional amendments in Annex A and the revised Law on Local Self-Government to support the financing of measures to be undertaken for the purpose of implementing the Framework Agreement and its Annexes, including measures to strengthen local self-government and reform the police services, to address macro-financial assistance to the Republic of Macedonia, and to support the rehabilitation and reconstruction measures identified in the action plan identified in paragraph 3.2.
Detailed Implementation Timeline
2001
Constitutional amendments were supposed to be made within 45 days of agreement, but it was made in 16 November 2001, after three months.
2002
Law on Local Self-Government was passed in 22 January 2002. This did not meet the stipulated deadline of 45 days.
Law on municipal boundaries was not passed within the stipulated timeline, by the end of 2002.
As stipulated, by the end of 2002, the assembly adopted a revised electoral district law.
A donor conference was held in March 2002 and raised 307 million Euro. European commission pleaded 104 million Euro of which 32.54 million Euro was for reconstruction and rehabilitation of areas affected directly by the conflict.
The first amendment (November 2001) of the constitution enabled the Albanian language in the rules of procedures of the assembly. Macedonia started an internationally monitored census (including Council of Europe and the European Commission) on 1 November 2002, to determine the size of the ethnic groups. According to the agreement, this should have been done by the end of October 2002.
2003
No developments observed this year.
2004
Law on municipal boundaries was not passed within the stipulated timeline, by the end of 2002. On 8 August 2004, the parliament adopted the bill that would redraw the municipal boundaries and give ethnic Albanian minority greater power.
2005
No developments observed this year.
2006
Representation from all ethnic groups in the police service lagged behind. By 2006, the representation of ethnic Albanian was only 16%.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
8.1. The Constitutional amendments attached at Annex A will be presented to the Assembly immediately. The parties will take all measures to assure adoption of these amendments within 45 days of signature of this Framework Agreement.
8.2. The legislative modifications identified in Annex B will be adopted in accordance with the timetables specified therein.
8.3. The parties invite the international community to convene at the earliest possible time a meeting of international donors that would address in particular macro-financial assistance; support for the financing of measures to be undertaken for the purpose of implementing this Framework Agreement, including measures to strengthen local self-government; and rehabilitation and reconstruction in areas affected by the fighting.
ANNEX B: LEGISLATIVE MODIFICATIONS
The parties will take all necessary measures to ensure the adoption of the legislative changes set forth hereafter within the time limits specified.
1. Law on Local Self-Government
The Assembly shall adopt within 45 days from the signing of the Framework Agreement a revised Law on Local Self-Government. This revised Law shall in no respect be less favorable to the units of local self-government and their autonomy than the draft Law proposed by the Government of the Republic of Macedonia in March 2001. The Law shall include competencies relating to the subject matters set forth in Section 3.1 of the Framework Agreement as additional independent competencies of the units of local self-government, and shall conform to Section 6.6 of the Framework Agreement. In addition, the Law shall provide that any State standards or procedures established in any laws concerning areas in which municipalities have independent competencies shall be limited to those which cannot be established as effectively at the local level; such laws shall further promote the municipalities’ independent exercise of their competencies.
2. Law on Local Finance
The Assembly shall adopt by the end of the term of the present Assembly a law on local self-government finance to ensure that the units of local self-government have sufficient resources to carry out their tasks under the revised Law on Local Self-Government. In particular, the law shall:
• Enable and make responsible units of local self-government for raising a substantial amount of tax revenue;
• Provide for the transfer to the units of local self-government of a part of centrally raised taxes that corresponds to the functions of the units of local self-government and that takes account of the collection of taxes on their territories; and
• Ensure the budgetary autonomy and responsibility of the units of local self-government within their areas of competence.
3. Law on Municipal Boundaries
The Assembly shall adopt by the end of 2002 a revised law on municipal boundaries, taking into account the results of the census and the relevant guidelines set forth in the Law on Local Self-Government.
4. Laws Pertaining to Police Located in the Municipalities
The Assembly shall adopt before the end of the term of the present Assembly provisions ensuring:
• That each local head of the police is selected by the council of the municipality concerned from a list of not fewer than three candidates proposed by the Ministry of the Interior, among whom at least one candidate shall belong to the community in the majority in the municipality. In the event the municipal council fails to select any of the candidates proposed within 15 days, the Ministry of the Interior shall propose a second list of not fewer than three new candidates, among whom at least one candidate shall belong to the community in the majority in the municipality. If the municipal council again fails to select any of the candidates proposed within 15 days, the Minister of the Interior, after consultation with the Government, shall select the local head of police from among the two lists of candidates proposed by the Ministry of the Interior as well as three additional candidates proposed by the municipal council;
• That each local head of the police informs regularly and upon request the council of the municipality concerned;
• That a municipal council may make recommendations to the local head of police in areas including public security and traffic safety; and
• That a municipal council may adopt annually a report regarding matters of public safety, which shall be addressed to the Minister of the Interior and the Public Attorney (Ombudsman).
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.
6. Law on Electoral Districts
The Assembly shall adopt by the end of 2002 a revised Law on Electoral Districts, taking into account the results of the census and the principles set forth in the Law on the Election of Members for the Parliament of the Republic of Macedonia.
7. Rules of the Assembly
The Assembly shall amend by the end of the term of the present Assembly its Rules of Procedure to enable the use of the Albanian language in accordance with Section 6.5 of the Framework Agreement, paragraph 8 below, and the relevant amendments to the Constitution set forth in Annex A.
8. Laws Pertinent to the Use of Languages
The Assembly shall adopt by the end of the term of the present Assembly new legislation regulating the use of languages in the organs of the Republic of Macedonia. This legislation shall provide that:
• Representatives may address plenary sessions and working bodies of the Assembly in languages referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A);
• Laws shall be published in the languages referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A); and
• All public officials may write their names in the alphabet of any language referred to in Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance with Annex A) on any official documents.
The Assembly also shall adopt by the end of the term of the present Assembly new legislation on the issuance of personal documents.
The Assembly shall amend by the end of the term of the present Assembly all relevant laws to make their provisions on the use of languages fully compatible with Section 6 of the Framework Agreement.
9. Law on the Public Attorney
The Assembly shall amend by the end of 2002 the Law on the Public Attorney as well as the other relevant laws to ensure:
• That the Public Attorney shall undertake actions to safeguard the principles of non-discrimination and equitable representation of communities in public bodies at all levels and in other areas of public life, and that there are adequate resources and personnel within his office to enable him to carry out this function;
• That the Public Attorney establishes decentralized offices;
• That the budget of the Public Attorney is voted separately by the Assembly;
• That the Public Attorney shall present an annual report to the Assembly and, where appropriate, may upon request present reports to the councils of municipalities in which decentralized offices are established; and
• That the powers of the Public Attorney are enlarged:
• To grant to him access to and the opportunity to examine all official documents, it being understood that the Public Attorney and his staff will not disclose confidential information;
• To enable the Public Attorney to suspend, pending a decision of the competent court, the execution of an administrative act, if he determines that the act may result in an irreparable prejudice to the rights of the interested person; and
• To give to the Public Attorney the right to contest the conformity of laws with the Constitution before the Constitutional Court.
10. Other Laws
The Assembly shall enact all legislative provisions that may be necessary to give full effect to the Framework Agreement and amend or abrogate all provisions incompatible with the Framework Agreement.
ANNEX C
2.1. The parties confirm the request for international supervision by the Council of Europe and the European Commission of a census to be conducted in October 2001.
2.2. Parliamentary elections will be held by 27 January 2002. International organizations, including the OSCE, will be invited to observe these elections.
3.2. The Government with the participation of the parties will complete an action plan within 30 days after the signature of the Framework Agreement for rehabilitation of and reconstruction in areas affected by the hostilities. The parties invite the international community to assist in the formulation and implementation of this plan.
5.2. The parties commit themselves to ensuring that the police services will by 2004 generally reflect the composition and distribution of the population of Macedonia. As initial steps toward this end, the parties commit to ensuring that 500 new police officers from communities not in the majority in the population of Macedonia will be hired and trained by July 2002, and that these officers will be deployed to the areas where such communities live. The parties further commit that 500 additional such officers will be hired and trained by July 2003, and that these officers will be deployed on a priority basis to the areas throughout Macedonia where such communities live. The parties invite the international community to support and assist with the implementation of these commitments, in particular through screening and selection of candidates and their training. The parties invite the OSCE, the European Union, and the United States to send an expert team as quickly as possible in order to assess how best to achieve these objectives.
Verification/Monitoring Mechanism
2001
After signing of a peace agreement, NATO officially started the operation “Essential Harvest” on 27 August 2001, for 30 days. This 30-day mission involved the sending of approximately 3,500 NATO troops, with logistical support, to disarm ethnic Albanian groups and destroy their weapons.1
On 26 September 2001, NATO completed its 30-day mission to disarm ethnic Albanian militants. “NATO forces collected a total of 3,875 weapons from the rebels, exceeding their stated goal of 3,300. The first of the 4,500 NATO troops in the operation began departing Macedonia on 27 September. The troops were to be replaced by a security force of 700 new NATO troops, who for three months would join 300 soldiers currently stationed in the region. The 1,000-strong deployment, to be led by Germany, would be charged with providing security for unarmed international monitors who would oversee the country’s return to peace.”2 After collection of arms, NATO urged the Macedonian parliament to discuss the concrete amendments of the Constitution. It also asked to proceed with the Amnesty law.
On 7 December 2001, NATO extended its military mission in Macedonia by three months until 26 March. The purpose of the extension was to protect the international monitors who were overseeing the implementation of the peace plan.3
- “NATO’s role in the Former Yugoslav Republic of Macedonia,” NATO, accessed March 3, 2011, http://www.nato.int/fyrom/.
- “Macedonia: NATO Disarmament Mission Ends; Other Developments, Facts on File,” World News Digest, September 26, 2001.
- “NATO extends Macedonia force mandate,” Morning Star, December 8, 2001.
2002
The NATO Mission was extended until 15 December 2002. The Mission was “mandated to contribute to the protection of international monitors from the European Union and the Organization for Security and Cooperation in Europe, who are overseeing the implementation of the peace plan.”1
- “NATO’s role in the Former Yugoslav Republic of Macedonia,” NATO, accessed March 3, 2011, http://www.nato.int/fyrom/.
2003
The Mission was extended until March 2003. The extension was designed to “provided support for the international monitors; its advisory elements assisted the government in taking ownership of security throughout the country.” The NATO Mission was terminated on 30 March 2003 with the replacement of a successor operation from the European Union.1 The EU operation was set to finish by the end of the year.2 The purpose of the EU operation in Macedonia was to contribute further to a stable and secure environment for the implementation of the 2001 Ohrid Framework Agreement. This operation was completed on 15 December 2003.
2004
Since provisions of peace agreement were implemented, there was no international monitoring present in 2004.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
2.1. The parties underline the importance of the commitments of 5 July 5, 2001. There shall be a complete cessation of hostilities, complete voluntary disarmament of the ethnic Albanian armed groups and their complete voluntary disbandment. They acknowledge that a decision by NATO to assist in this context will require the establishment of a general, unconditional and open-ended cease-fire, agreement on a political solution to the problems of this country, a clear commitment by the armed groups to voluntarily disarm, and acceptance by all the parties of the conditions and limitations under which the NATO forces will operate.
Please always cite: “Annualized implementation data on comprehensive intrastate peace accords, 1989–2012.” Madhav Joshi, Jason Michael Quinn, and Patrick M. Regan. Journal of Peace Research 52 (2015): 551-562.