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.
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.
3.1. 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.
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.
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.
Third, liberating Lebanon from the Israeli occupation:
Regaining state authority over the territories extending to the internationally-recognized Lebanese borders requires the following:
C. Taking all the steps necessary to liberate all Lebanese territories from the Israeli occupation, to spread state sovereignty over all the territories, and to deploy the Lebanese army in the border area adjacent to Israel; and making efforts to reinforce the presence of the UN forces in South Lebanon to insure the Israeli withdrawal and to provide the opportunity for the return of security and stability to the border area.
(Note: The following two provisions have some notion of timeline, they are not explicitly mentioned in terms of meeting deadline.)
II. Political Reforms
D. Parliamentary Election Law:
Parliamentary elections shall be held in accordance with a new law on the basis of provinces and in the light of rules that guarantee common coexistence between the Lebanese, and that ensure the sound and efficient political representation of all the people’s factions and generations. This shall be done after reviewing the administrative division within the context of unity of the people, the land, and the institutions.
Second, spreading the sovereignty of the State of Lebanon over all Lebanese territories:
D. The problem of the Lebanese evacuees shall be solved fundamentally, and the right of every Lebanese evicted since 1975 to return to the place from which he was evicted shall be established. Legistlation to guarantee this right and to insure the means of reconstruction shall be issued. Considering that the objective of the State of Lebanon is to spread its authority over all the Lebanese territories through its own forces, represented primarily by the internal security forces, and in view of the fraternal relations binding Syria to the authority of the State of Lebanon within a set period of no more than 2 years, beginning with ratification of the national accord charter, election of the president of the republic, formation of the national accord cabinet, and approval of the political reforms constitutionally. At the end of this period, the two governments — the Syrian Government and the Lebanese National Accord Government — shall decide to redeploy the Syrian forces in Al-Biq’a area from Dahr al-Baydar to the Hammana-al-Mudayrij-‘Ayn Darah line, and if necessary, at other points to be determined by a joint Lebanese-Syrian military committee. An agreement shall also be concluded by the two governments to determine the strength and duration of the presence of Syrian forces in the above-mentioned area and to define these forces’ relationship with the Lebanese state authorities where the forces exist. The Arab Tripartite Committee is prepared to assist the two states, if they so wish, to develop this agreement.
Second, spreading the sovereignty of the State of Lebanon over all Lebanese territories:
D. The problem of the Lebanese evacuees shall be solved fundamentally, and the right of every Lebanese evicted since 1975 to return to the place from which he was evicted shall be established. Legistlation to guarantee this right and to insure the means of reconstruction shall be issued. Considering that the objective of the State of Lebanon is to spread its authority over all the Lebanese territories through its own forces, represented primarily by the internal security forces, and in view of the fraternal relations binding Syria to the authority of the State of Lebanon within a set period of no more than 2 years, beginning with ratification of the national accord charter, election of the president of the republic, formation of the national accord cabinet, and approval of the political reforms constitutionally. At the end of this period, the two governments — the Syrian Government and the Lebanese National Accord Government — shall decide to redeploy the Syrian forces in Al-Biq’a area from Dahr al-Baydar to the Hammana-al-Mudayrij-‘Ayn Darah line, and if necessary, at other points to be determined by a joint Lebanese-Syrian military committee. An agreement shall also be concluded by the two governments to determine the strength and duration of the presence of Syrian forces in the above-mentioned area and to define these forces’ relationship with the Lebanese state authorities where the forces exist. The Arab Tripartite Committee is prepared to assist the two states, if they so wish, to develop this agreement.
(Note: Taif accord does not specifically mentions ratification mechanism or even how this accord would be ratified. But incidentally mentions in above paragraph that the accord will be ratified.)
III. Other Reforms
E. Creation of a socioeconomic council for development:
A socioeconomic council shall be created to insure that representatives of the various sectors participate in drafting the state’s socioeconomic policy and providing advice and proposals.
III. Other Reforms
G. Information:
All the information media shall be reorganized under the canopy of the law and within the framework of responsible liberties that serve the cautious tendencies and the objective of ending the state of war.