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Former Yugoslav Republic of Macedonia - Combined initial, second and third periodic reports of States parties [2004] UNCEDAWSPR 28; CEDAW/C/MKD/1-3 (18 August 2004)

Committee on the Elimination of Discrimination

against Women

Consideration of reports submitted by States parties under Article 18 of the Convention on the Elimination

of All Forms of Discrimination against Women

Combined initial, second and third periodic reports

of States parties

* The present document is being issued without formal editing.

The former Yugoslav Republic of Macedonia*

C O N T E N T S:

Part 1

1. Natural and Geographic Characteristics of the Country .......................................... 4

2. Major Historic Events ...................................................................................... 4

3. Population ..................................................................................................... 4

4. Information on the Character of the Country ........................................................ 5

5. The International Law Status within the National Legal System ................................. 5

6. Principle of Division of Power............................................................................ 6

7. Economic Indicators

7.1. Work Force .................................................................................................. 7
7.2. Basic Economic Indicators for the Republic of Macedonia
in the period from 1994 to 2000 .............................................................................. 10

8. Legal Framework for Gender Equality ........................................................................ 11

Part 2

Article 1-------------------------------------------------------------------------------------------------------- 15

Article 2-------------------------------------------------------------------------------------------------------- 23

Article 3-------------------------------------------------------------------------------------------------------- 33

Article 4-------------------------------------------------------------------------------------------------------- 36

Article 5-------------------------------------------------------------------------------------------------------- 37

Article 6-------------------------------------------------------------------------------------------------------- 46

Article 7-------------------------------------------------------------------------------------------------------- 54

Article 8-------------------------------------------------------------------------------------------------------- 70

Article 9-------------------------------------------------------------------------------------------------------- 71

Article 10------------------------------------------------------------------------------------------------------- 73

Article 11------------------------------------------------------------------------------------------------------- 85

Article 12------------------------------------------------------------------------------------------------------- 97

Article 13------------------------------------------------------------------------------------------------------- 111

Article 14------------------------------------------------------------------------------------------------------- 114

Article 15------------------------------------------------------------------------------------------------------- 116

Article 16------------------------------------------------------------------------------------------------------- 120

Part 3

ANNEX 1: Data from the State Institute of Statistics ------------------------------------------------ 127

ANNEX 2: Non-governmental Organizations ----------------------------------------------------------------- 152

Note: Annex 1 (Data from the State Institute of Statistics) and Annex 2 (Non-governmental Organizations) will be made available to members of the Committee in the language in which it was received.

P A R T 1

1. Natural and Geographic Characteristics of the Country

The Republic of Macedonia is situated in the region of South-eastern Europe, north of Greece, west of Bulgaria, east of Albania and south of Serbia and Montenegro. It is spread over an area of 25,713 square kilometers, out of which 477 square kilometers of surface water area and 24,856 square kilometers of land. The Republic of Macedonia is a land locked country. Its climate is Mediterranean. It is the main crossroad of corridors connecting West and Central Europe with the Aegean Sea and South Europe with West Europe. It is characterized by mountainous terrain intersected by a number of valleys, three natural lakes, each divided by a border line with one of the neighboring countries.

2. Major Historic Events

The 20^th century is a period of the awakening of the national self-awareness of the Macedonian people. Three historic events are of special importance in the development of the Macedonian state: the Krusevo Republic in 1903, the convention and decisions of ASNOM (Anti-fascist Assembly of the People's Liberation of Macedonia) and the Referendum and declaration of independence and autonomy in 1991.

At the referendum held on September 8, 1991, the citizens of the Republic of Macedonia, confirming the statehood and sovereignty of the Republic of Macedonia in a plebiscite manner, voted in favor of constituting Macedonia as a sovereign and independent country.

The results of the referendum were confirmed by a Declaration enacted by the Assembly (Parliament) of the Republic of Macedonia, at the session held on September 17, 1991.

Parallel with the activities related to Republic of Macedonia's gaining independence, a new Constitution was developed, which was adopted by the Parliament of the Republic of Macedonia, on November 17, 1991. A number of amendments to the Constitution have been enacted ever since, the last ones being the Amendments to the Constitution Nos. 4 - 18, adopted on November 20, 2001, which result from the Ohrid Framework Agreement of August, 2001.

On December 19 1991, the Parliament of the Republic of Macedonia adopted a Declaration requesting international recognition of the Republic of Macedonia as a sovereign and independent country.

3. Population

The Republic of Macedonia is populated with 64.18% ethnic Macedonians, 25.17% ethnic Albanians, 3.85% Turks, 2.66% Roma, 0.48% Vlachs, 1.78% Serbs, 0.84 Bosniaks and 1.04% others. The dominant religions in the country are Christian-Orthodox and Moslem.

The population of the Republic of Macedonia numbers 2,022,547 citizens (according to the latest Census of 2002).

The age structure of the population is as follows:

0-14 years: 426,280 or 21.08 % (219,628 men, or 21.63%; 206,652 women, or 20.52%)

15-64 years: 1,381,352 or 68.30% (698,997 men, or 68.84 %; 682,355 women, or 67.75%)

65 years and above: 213,712 or 10.57 % (96,428 men, or 9.50%; 117,284 women, or 11.64%)

unknown: 1,203 or 0.06% (324 men, or 0.03%; 879 women, or 0.09%)

The birth and death rates are 13.35 births per 1,000 of population and 7.74 deaths per 1,000 of population, respectively. Infant mortality rate in 2002 was 12.54 deaths per 1,000 births, while the fertility rate was 1.77% children per women.

The average life expectancy is over 76 years for women and over 72 years for men. There are numerous indicators showing that life expectancy for both men and women has increased in recent years.

4. Information on the Character of the Country

Pursuant to Article 1 of the Constitution, the Republic of Macedonia is defined as a sovereign, independent, democratic and welfare country, wherein sovereignty derives from its citizens and belongs to the citizens.

By affirming citizens as the sovereign holders of power, the Constitution of the Republic of Macedonia establishes a system of parliamentary democracy, as the political system of Macedonia.

The Constitution, in Article 8, identifies the fundamental values of the constitutional system of the Republic of Macedonia: the fundamental human and citizens' rights and freedoms, recognized in international law and determined by the Constitution; free expression of national affiliation and appropriate and just representation of the citizens belonging to all the communities in the state bodies and other public institutions at all levels; the rule of law; division of state power to legislative, executive and judicial branches, political pluralism and free, direct and democratic elections; protection of ownership; freedom of market and entrepreneurship; humanism and social justice and solidarity; local self-government; space regulation and humanization; environment and nature protection and improvement and respect for the universally accepted norms of international law.

5. The International Law Status within the National Legal System

Republic of Macedonia belongs to the group of countries in which the principles of the continental law apply. Primary sources of the law in the Republic of Macedonia are the Constitution, the legislation and international treaties, ratified by the Parliament of the Republic of Macedonia. The basic principles of this system are the constitutionality and legality: all legal acts enacted within the legal system of the Republic of Macedonia must comply with the immediately superior legal act, and consequently, they all must comply with the supreme act– the Constitution of the Republic of Macedonia.

The judicial practice (developed through the positions built on principles and legal opinions of the Supreme Court, but also through the decisions of the lower instance courts) is the subsidiary source of the law.

International treaties are one of the direct sources of the law. Pursuant to Article 118 of the Constitution of the Republic of Macedonia, international treaties ratified in accordance with the Constitution are a constituent part of the internal legal system of the Republic of Macedonia and may not be amended by a law or any other act. This constitutional provision is implemented in Article 98 of the Constitution, according to which the courts in the Republic of Macedonia judge on the basis of the Constitution, laws and international treaties ratified in accordance with the Constitution. Thus, when issuing any judicial decision, the courts are free to directly (without previous enactment of special, supplementary legal acts or by-laws) apply the provisions of any international convention, previously ratified by the Parliament of the Republic of Macedonia. In this context, a range of relevant conventions is directly applicable in the Republic of Macedonia^[1].

6. Principle of Division of Power

The system of parliamentary democracy is reflected in the organization of the state authority, which is based on the principle of division of power. A fundamental value of the constitutional system of the Republic of Macedonia is the division of power into legislative, executive and judicial branches.

The Assembly (Parliament) of the Republic of Macedonia

The Parliament of the Republic of Macedonia is a representative body of the citizens and holder of the legislative power branch in the country. The Parliament consists of 120 Members of the Parliament, elected for a mandate of four years in general, direct and free elections by secret ballot. The Parliament of the Republic of Macedonia, inter alia: enacts and amends the Constitution; enacts laws and gives authentic interpretation of laws; ratifies international treaties; issues decisions with regard to changing the borders of the Republic of Macedonia; announces referendums; elects the Government of the Republic of Macedonia, elects judges of the Constitutional Court of the Republic of Macedonia; enforces election and dismissal of judges; conducts political control and supervision over the Government and other holders of public positions, responsible to the Parliament and; grants amnesty.

The President of the Republic of Macedonia

The President of Republic of Macedonia is the head of the country and represents the state. He is the commander in chief of the armed forces of the Republic of Macedonia. The President of the Republic of Macedonia: appoints the Head of the Government of the Republic of Macedonia; appoints and recalls, by means of decrees, ambassadors and envoys of the Republic of Macedonia abroad; receives letters of credence and recall from foreign diplomatic representatives; proposes two judges of the Constitutional Court of the Republic of Macedonia; proposes two members of the State Judicial Council; appoints three members of the National Security Council and; grants pardons in accordance with the law.

The Government of the Republic of Macedonia

The Government of the Republic of Macedonia is the primary holder of the executive power. The organization and operations of the Government are regulated by the Law on the Government. The Government and its every member are responsible for their work to the Parliament.

Pursuant to Article 91 of the Constitution, the Government of the Republic of Macedonia, inter alia: defines the policy of implementation of laws and other regulations passed by the Parliament and is responsible for their implementation; proposes laws, the state Budget and other general acts enacted by the Parliament; makes internal organization principles of the ministries and other administrative bodies; gives opinions for draft-laws and other acts given to the Parliament and other responsible bodies; decides on recognition of states and governments; establishes diplomatic and consular relations with other countries; proposes the Public Prosecutor; proposes ambassadors and representatives of the Republic of Macedonia abroad; and does other functions as stated in the Constitution and other legal acts.

Judicial Branch

Pursuant to Article 98 of the Constitution "the judiciary power is exercised by courts. Courts are independent and autonomous and judge on the basis of the Constitution, laws and international treaties, ratified in accordance with the Constitution. The organization of the courts is uniform. Emergency courts are prohibited. The types, jurisdiction, establishment, abrogation, organization and composition of courts, as well as the procedure they follow are regulated by law, enacted by two-third majority of votes of the total number of Members of the Parliament".

In 1995 the Law on Courts was enacted to operationalize the Constitutional provision on the judiciary. The Law, among other issues, defines the goals and functions of the judiciary, including: a) impartial implementation of the law, regardless of the position and capacity of the parties; b) promotion, within the framework of the judicial capacities, of the protection of and respect for human rights and freedoms and c) legal security and generation of conditions for every human being to live safely, regarding the implementation of the law. As regards the courts' jurisdiction, the law establishes that the courts decide within the legally prescribed procedure on: the rights of citizens and interests based on the law; disputes between citizens and other legal entities; punishable acts and other issues placed under the jurisdiction of the court by law. The judiciary power in the Republic of Macedonia is exercised by 27 first instance courts, 3 Appellate Courts and the Supreme Court of the Republic of Macedonia.

The reforms of the judiciary incorporate the Judiciary Reform Strategy, as well as enactment of the Law on Independent Court Budget and amendments to the Law on Courts, which aim at strengthening the independence and autonomy of the judiciary in the Republic of Macedonia.

7. Economic indicators

7.1. Work force

The structural changes in the Macedonian economy, which have taken place in recent years entailed great changes in both the work force structure and its basic characteristics.

Employment in the Republic of Macedonia is characterized by a very unfavorable gender, age and educational structure. This structure remains unchanged over a longer period of time, mainly due to: unstable economic and social conditions in the country and the discrepancy between the available and demanded profiles at the labor market.

According to the Work Force Focused Survey, in 2000, 1,534,256 people of the total population are above 15 years of age. Out of them, 52.9% have been active and participated in the labor market, while 47.1% have been inactive persons. The total number of work force in the Republic of Macedonia, in 2000 was 811,557 persons. The share of the employed in the total active population number is 67.8%, while that of the unemployed is 32.2%.

According to the analysis of the population's activity rates in the last five years, the total population activity is declining, there have been no significant changes in terms of employment, while the rate of unemployment is increasing. The data confirm that due to the long lasting negative conditions at the labor market (high unemployment rate, long lasting state of unemployment) a considerable proportion of the work capable population is excluded from the labor market.

The basic indicators of the population's economic activity show decline of activity rates, reduced employment rate and high rates of unemployment.

Table 1 represents the data pertaining to the work force size, number of the employed and the unemployed, based on gender and national affiliation, and relating to the period from 1996 to 2000, in absolute indicators.

1. Work Force according to Gender and National Affiliation

Men

Women

*along with "other nationalities", this column also includes those abstaining from providing information

Source – State Institute of Statistics

The number of unemployed in the Republic of Macedonia, according to the records of the Employment Bureau (which differs from the data obtained in the Work Force Focused Survey, conducted at the State Institute of Statistics, to enable use of administrative and survey sources) in June 2003 amounted to 382,275 and it is by 3,3% higher than the registered number of the unemployed in June 2002. The number of the unemployed in June 2003 is higher by more than 100,000 persons, compared to the registered number of the unemployed in December 1998, when the number of registered unemployed persons was 284,064. According to the same records, the total number of the unemployed in 1999 amounted to 354,660 persons, in 2000 to 366,211, in 2001 to 360,340 persons, while at the end of 2002 the number of 374,144 jobless persons was recorded.

In June 2003, for example, 5,650 persons, registered at the Employment Bureau, acquired the status of unemployed. The highest number of unemployed is registered at the Bureaus in Skopje – 89,008, in Kumanovo – 32,106 persons, in Tetovo – 28,605, in Prilep – 26,723, in Strumica – 24,726 and in Bitola – 21,120 persons. Out of the total number of the unemployed in the country, 58.2% are concentrated in these six cities.

With regard to the gender structure, 215,321 or 56.3% are men, and 166,954 or 43.7% are women. Most of the unemployed are up to 30 years of age, or 35.2%.

7.2. Basic economic indicators for the Republic of Macedonia in the period from 1994 to 2000

More detailed information about the above presented issues, from the gender perspective of view, will be given in the corresponding comments to particular CEDAW articles, below.

8. Legal Framework for Gender Equality

In compliance with the Constitution of the Republic of Macedonia, citizens have equal freedoms and rights, irrespective of their gender, race, color, national and social background, political and religious conviction, property and social status. Equality between men and women is additionally implemented within the entirety of legal regulations of the country. The Republic of Macedonia is a signatory of a number of international acts relating to equality issues and women's position. As a successor country to the former Yugoslavia, Macedonia has acceded to the UN Convention on the Elimination of all Forms of Discrimination against Women, which came into force on September 17, 1991, when the country assumed the required obligations before the international community.

The Republic of Macedonia signed the Optional Protocol to the Convention on Elimination of all Forms of Discrimination against Women in 2000, ratified it on June 24, 2003, and it came into force on October 17, 2003.

According to the Constitution of the Republic of Macedonia, every citizen has the right to work, to a free choice of job, protection at work and financial support in case of unemployment. All jobs at the labor market are available to everyone, without gender-based discrimination. Most of the women in the non-industrial sector are employed in health care and social protection, as well as in administration, but very seldom occupying high positions in the decision making process.

Thus, gender equality is operationalized throughout the regulations of the Republic of Macedonia. The regulations and bylaws in effect, elaborating this issue, are at a very high level and cover a wide range, in comparison with the regulations of other countries.

The national mechanism of gender equality is represented by the Gender Equality Unit of the Ministry of Labor and Social Policy.

Underlining the importance of decision-making for gender equality, the Parliament of the Republic of Macedonia enacted a Declaration on Gender Equality in the Decision Making Process, in 1998.

Furthermore, the National Action Plan, which resulted from the Beijing Conference in 1995, was adopted by the Government of the Republic of Macedonia in December 1999 and ever since, a number of paths and defined directions of activities have been, or are being, followed through.

The provisions contained in numerous laws and bylaws do not by any means indicate unequal treatment of women (i.e. they do not stipulate privileges or beneficial status for men), while several laws explicitly emphasize gender equality.

Education is the sphere with the best achievements in relation to the goals of establishing equal treatment between men and women. The Laws on Primary and Secondary Education, as well as the Law regulating higher education, do not contain provisions promoting gender inequality. The nondiscriminatory gender treatment in the process of education is clear and explicit. The compulsory primary education applies to all children in Macedonia, regardless of their gender. This principle of nondiscrimination is also fully observed in the secondary education. However, women's share in the total number of illiterate population amounts to 75.1%.

Within the basic human and citizens' freedoms and rights, the Constitution of the Republic of Macedonia in its Article 42, guarantees special protection at work of minors and mothers, based on their special status. The Law on Employment conforms to the Constitutional provisions and through the provisions of Articles 58 – 68 regulates the special protection of women.

Pursuant to this Law, employed women in the Republic of Macedonia enjoy all rights to protection at work, during pregnancy, as well. She cannot be assigned to jobs having harmful impact on her health condition, or work nights. This protection also applies to employed women with a child less than two years old.

Women have the right to an uninterrupted maternity leave of nine months, while in the case of giving birth to more than one child (twins, triplets, or alike) their leave lasts one year. Employed women may commence the maternity leave 45 days before delivery, but not later than 28 days before delivery. An employed woman has the same rights in the case of her adopting a child, as well. The father of the child may exercise the right to a paternity leave in case of mother's death, if she abandons the child or if she is precluded from exercising the rights on justifiable grounds.

If an employed woman delivers a stillborn fetus or if the infant dies before the expiration of the maternity leave, she has the right to extend the maternity leave for as long as she takes to recover, according to the physician's findings, but at least for 45 days, during which period she is entitled to all the rights based on the maternity leave.

During the maternity leave employed women are entitled to a compensation of salary, to the amount defined by the employment and health care regulations.

After the expiration of the maternity leave, employed women are entitled to a paid leave for caring and nursing a sick child, up to three years of age of the child, if the child needs intensive care. She is also entitled to shorter working hours for the same purpose. These rights are also granted to the father of the child. One of the parents of severely disabled child has the right to work half of the full working hours, if both parents are employed, or if the parent is single, and on the basis of the findings of the competent doctors' board. The shorter working hours in such a case will be considered full working hours.

Laws with special importance for women's status are the Inheritance Law and the Family Law, which point out that men and women are equal with regard to the rights and obligations arising from the family relations, parenthood and marriage. According to the Inheritance Law, men and women have equal rights to inheritance. In practice, these rights are not equal for men and women, which is due to the fact that women are less familiar with the institutions providing advice, where they could find help and receive useful advice in terms of exercising their rights to inheritance after divorcing. The legal regulations on women's rights related to financial resources, information, land, capital resources, etc, in the Republic of Macedonia imposes no gender-specific restrictions.

Poverty affects women much worse than men. An action plan aiming at identification and uprooting the causes for higher poverty level in women is still missing. Yet, immediate action is needed in this respect, considering the fact that the main problem is not direct gender-based discrimination, but rather the interaction among women's social position, their role in the family and other factors, such as age and geographic differences. The actions taken at present are more focused on the social reform and other social policies, aiming at the elimination of exclusion of these and other underprivileged groups of people from social life.

The Law on Employment regulates the issue of labor and employment, and it does not contain provisions, which would in any way promote women's discrimination (either regarding employment and assignment to an appropriate job, or in terms of salaries and other allowances). Despite the fact that this Law does not include provisions, which directly relate to gender equality, it, in principle, stipulates and to a large extent ensures gender equality concerning employment and equality of rights and duties arising from employment.

According to the present data, the lack of participation in the authorities and in the decision making process is one of the main problems involving gender discrimination, generally shared by all women, with the exception of an insignificant minority. To overcome the democratic deficit resulting from the insufficient presence of women in all power structures, the relevant factors in the country should focus their efforts on resolving problems related to the contents and the process of decision making, rather than on the discrimination as an isolated factor.

The legislative amendments from 1991 to date, have mostly been directed towards promotion of gender equality and women's protection, supported by the increasing opportunities for the genders to make the right choice and they are based on the global concept of individual human rights and freedoms protection.

In this context, it is worthwhile mentioning that amendments have been made to the Law on Employment, whereby gender discrimination has been removed in terms of the provision concerning the retirement age and years of service, which were different in comparison with the previous regulations; to the Defense Law, according to which women could be included into active military service (i.e. they could participate in the active part of the armed forces of the Republic of Macedonia); to the Law on Internal Affairs and the Directive on the Uniforms and Uniform Insignia of the Police in the Ministry of Internal Affairs (Official Gazette of the RM no. 10/2000, 17/2000, 92/2000, 72/2001, 16/2002 and 11/2003), which contains provisions, such as Articles 5, 6 and 7 of the Directive relating to the working uniform of policewomen, as well as to the Criminal Code which stipulate the possibility of instituting court procedures based on private lawsuits, in case of marital sexual abuse and rape, etc.

The analysis of the legal regulations related to women's protection and promotion of gender equality indicates the possible directions for further improvement of the system in this respect.

The issues that require future enhancement are related to the following:

- legal regulations based on equality and affirming equality;

- further promotion of political participation, with emphasis on the equal representation of women and men in the political structures, use of legally defined quotas and implementation of positive action, which should be continuously used and upgraded in the future;

- definition of equality as an affirmative and positive actions in the political parties' programs;

- adoption of positive regulations which would allow women to have equal opportunities for participation in the areas of decision making, including international representation and participation of women, as well as positions where decisions are made in the public administration;

- avoidance of future enactment of legal regulations and bylaws which will disregard the skills, abilities and characteristics of the individual, but rather contain general provisions which could be used for purposes of gender discrimination;

- stipulation of criminal, civil, work-related or administrative actions in the domestic legal regulations, for sanctioning the illegal and discriminatory treatment of women and girls who suffer any form of violence at home, the workplace, the immediate community and wider in the society;

- making efforts with respect to the enactment of a Law on Equal Opportunities for Men and Women.

PART 2

ARTICLE 1: DEFINITION OF DISCRIMINATION AGAINST WOMEN

For the purposes of this Convention, the term "discrimination against women" will indicate any difference, exclusion or constraint with regard to gender, which would have as a consequence or aim at jeopardizing or prevention of the recognition, accomplishment or exercising by women of the human rights and fundamental freedoms in political, economic, social, cultural and civic or any other fields, regardless of their marital status, based on the equality of men and women.

The basic characteristic of the Republic of Macedonia's constitutional system is the civic concept. This concept is based upon the idea of individuality and rights of individuals. The civic concept of the Constitution is particularly reflected in the identification of the fundamental values of the constitutional system. Here, inter alia, the basic human freedoms and rights, recognized by international law and the respect for the generally accepted norms of the international law are the fundamental values of the Republic of Macedonia's constitutional system. Pursuant to this constitutional determination, the Constitution of the Republic of Macedonia prescribes and guarantees a broad list of human rights and freedoms, as one of the foundations of the democratic political system. The basic human and citizen's freedoms and rights (which are more than 70 in number) are placed immediately after the basic provisions of the Constitution, relating to the statehood and legal insignia of the state. The Chapter on the fundamental freedoms and rights defines, at the constitutionality and legality level, the civic and political freedoms and rights, economic and social and culture specific rights, and also stipulates the guarantees for the basic freedoms and rights.

Chapter II entitled Basic Freedoms and Rights of Individuals and Citizens, Part 1 – Civic and Political Freedoms and Rights (Articles 10-29) lists the following rights and freedoms:

The right to: life; physical and moral dignity; freedom; presumption of innocence; absence of punishment for an offense which has not been considered illegal by law or other acts prior to its being committed, or for which no punishment is stipulated (also, against double punishment; no one can be sentenced at a court for an offense they have already been tried for, or in relation to which a valid court decision has been issued); appealing individual legal acts issued in court proceedings of the first instance, administrative bodies, organizations or other institutions, having public mandate; an answer through the media; corrections in the media; protection of the source of information in the media; free and public expression of beliefs, individually or together with others; peaceful gathering and expressing of public protests without previous announcement or special permit, voting (upon reaching 18 years of age), or participation in the work of public institutions, signing petitions for state or other public bodies, as well as the right to an answer; respect and protection of the privacy of the personal and family life and personal dignity and reputation; inviolability of the home; free movement across the territory of the Republic of Macedonia and free choice of one's place of residence; leaving the territory of the Republic of Macedonia and returning to the Republic; defending the Republic of Macedonia; asylum to foreign subjects and expatriates exiled for democratic and political activities and beliefs;

The freedom of: personal belief, conscience, opinion and public expression of thoughts; speech, public addressing, public information and establishment of public information institutions; freedom and confidentiality of correspondence and other ways of communication; safety and confidentiality of personal data; religious faith; association for performing and protection of one's political, economic, social and other rights.

With the insertion of Article 9 in Chapter II of the Constitution of the Republic of Macedonia, relating to the basic human and citizen's rights, i.e. into the part relating to civic and political rights, the constitution drafters accept that "the right to nondiscrimination" itself has a value of a human right. This "right" is considered to be a framework, general right, which should be respected with reference to the individual human rights.

The Constitution of the Republic of Macedonia apparently incorporates the prohibition of discrimination, but it sets it much broader – as a principle of citizens' equality. On the one hand the principle of equality contains the prohibition of discrimination, while on the other, it is simultaneously there for the purpose of other freedoms and rights guaranteed by the Constitution, systematized as civic, political, economic, social and cultural. Thus, the Constitution of the Republic of Macedonia acknowledges all the men's and women's rights under the same conditions (e.g. women exercise their right to vote under the same conditions as men, as well as the right to participate in carrying out public duties, the right to citizenship, freedom of association, the right to property, etc.).

Three main consequences derive from the contents of this constitutional provision with regard to the prohibition of discrimination:

First, by raising the equality principle to the level of a constitutional norm the highest form of its legal guarantee is achieved within the domestic legal system.

Second, a prohibition for the stated natural human features and social status to be a basis for an unequal legal status of citizens during the regulation of social relations by general legal norms and

Third, the exercising of freedoms, rights and duties of a human being and citizen, should take place through equal application of the Constitution and the laws.

As the basic constitutional presumption, human freedoms and rights are, as a rule, exercised immediately on the basis of the Constitution, and the conditions and manner of their exercising can be prescribed by a law, in case of existence of a constitutional authorization to do so only, and within such authorization only.

The civilization achievements and their influence on the criminal law policy in the field of sexual delinquency, have caused the abandonment of the rule of moral norms and their substitution by illegal behavior, directed against the free choice of a person with regard to entering into sexual relations. In this respect, the current legal solution is particularly important in that it does not treat women just as a passive subject, but it treats them legally as an equal participant, together with men, in the free determination of their own sexual life. Based on this concept and this framework, Chapter 19 of the Criminal Code of the Republic of Macedonia, pertaining to criminal offenses against sexual freedom and sexual morality, contains incriminations, which protect the freedom of deciding on establishing sexual relations by women and men. The grounds for illegality are violation and abuse. More specifically, the criminal offenses prescribed in this Chapter of the Criminal Code, the following is achieved: 1) protection of the free decision with regard to sexual relations, 2) the starting point in defining the incriminations is the equal protection of men's and women's personalities, as the subjects in sexual relations, 3) violence, abuse of the condition and taking advantage of the status or helplessness of the passive subject are criminalized, 4) special protection for juveniles, where the will of the minor, if it is an expression of insufficient maturity, is meaningless regarding illegality of the act, 5) also illegal are acts in the domain of prostitution, as acts which drastically affect the personal freedom.

With respect to the above mentioned, it should be underlined that the special status of women, the respect for their personality and dignity are the reason for the Criminal Procedure Code ("Official Gazette of the RM" no. 15/97 and 44/2002) to include special provision when certain investigative measures are taken in relation to women. Thus, for example, Article 200, paragraph 3 of the Criminal Procedure Code stipulates that a woman can only be searched by a woman, and only women can be witnesses during an examination, i.e. a search.

The mentioned legal provision is also operationalized in Article 56 in the Rule Book on Performing the Duties of the Ministry of Internal Affairs ("Official Gazette of the RM" no. 12/98 and 15/2003) which prescribes that a woman passenger can only be searched by authorized women officials, where only women can be present in the capacity of witnesses.

Moreover, Article 23 of the Rule Book on Performing the Duties of the MIA stipulates a prohibition of "handcuffing" evidently pregnant women, if such women offer resistance during a detaining attempt, except in certain cases when they might, by using dangerous devices, immediately jeopardize the lives of authorized officials. Evidently pregnant women can also be "apprehended", which is an authorization given by the Rule Book, in cases when it is necessary for them to be brought to the Ministry of Internal Affairs, if they are wanted by an search warrant, or if they are supposed to be handed over to another competent body. The stated condition of the woman is immediately reported to the body issuing the apprehension order, an obligation prescribed in Article 40 of the above-mentioned Rule Book.

Domestic violence: Traditionally, for many years in the past, women in the Republic of Macedonia have been placed in an inferior position compared to men, in a number of social life segments, and accordingly, within the family, as well. In this respect, the woman's position of a marriage partner was not appropriately addressed in most of the cases of all forms of domestic violence. In this context, a global assessment could be made that women most often call the police for help in critical cases, when ultimately they are at risk of suffering severe physical injuries or their lives are threatened.

In May 2003 a special Unit for Juvenile Delinquency and Socio-pathological Phenomena was established within the Criminal Police Department of the Ministry of Internal Affairs, which employed personnel previously working at the Homicide and Sexual Offense Department.

The problems are dealt with by women inspectors, whose duties concern all children and family related problems. Worthwhile mentioning is the fact that the problem of domestic violence is not treated separately, and therefore is not monitored at the MIA, or in other governmental institutions, but it can be analyzed as required in the context of criminal offenses committed, which on the other hand does not provide a picture of the general situation, or the necessary statistics of the phenomenon's incidence in Macedonia.

The prevalence of domestic violence in Macedonia is a well-known fact, despite the fact that it is rarely mentioned in public. It is also well known that cultural norms discourage reporting of domestic violence, using the excuse that it is "about a private family matter".

Contrary to such attitudes, women's organizations work within the constraints of their capacities and provide support and protection of women, which, it must be admitted, is not sufficient.

The position of the MIA is that these problems should be dealt with by educated staff, women if possible, since their approach is more complex, as their treatment of children. However, MIA should also support education of staff dealing with these issues, especially education of uniformed personnel whose job is related to reception of persons and to interventions at police stations. They should have a standardized methodological approach for the interventions in domestic violence circumstances.

During the everyday interventions, beside the victim, the police are those who experience the harsh discrepancy between the legal regulations and the complexity of the real events.

The Police in Macedonia are still the only part of the legal system where women victims can come and report violence and, if the case is within the police scope of work, then they can solve it or intervene as necessary. However, the admission of women, their sheltering, giving any kind of necessary support are missing, as in Macedonia there are no state shelters for women victims of violence, but there is only one Shelter-Center in Skopje, supported by a non-governmental organization, which is insufficient due to large number of cases.

It is necessary for the state to produce mechanisms that would encourage reporting, raising the awareness, running campaigns, which would provide women with at least a little support in terms of their personal protection and standing on their own feet.

It is important to raise the awareness of the governmental institutions in addressing the problem of domestic violence, as beside protecting the primary victim, the secondary victim in the family should also be protected, and this is the child, for traumas are severe, intensive, hard to heel and the most important fact is that the children become potential perpetrators whom the state bodies are likely to encounter again within a certain period of time.

The activities of the non-governmental organization ESE (Emancipation, Solidarity, Equality), should be pointed out which has submitted a proposal related to the Criminal Procedure Code, a Proposal for enactment of a Law Amending the Law on Civil Procedure, special procedures including civic orders for protection against domestic violence and the like. Furthermore, this non-governmental organization has conducted a research, which indicates that 61.2% of the interviewed 850 women have stated that they have been victims of domestic violence. Subjects of the research were women aging between 30 and 40, housewives, with low level of education, whose marriage period ranged between 10 and 20 years. Of all kinds of violence, mental violence is the most widespread one, reported in 40% of the interviewed, while 72.8% of the interviewees reported slapping as the most frequent kind of violence. These are followed by threats and battery, then burning or scalding and using a knife or pistol against the victim.

The Criminal Code of the Republic of Macedonia does not sanction violence against the woman as a separate criminal offense. All cases of a woman's suffering domestic violence are regulated by the general criminal offenses, such as: murder, physical injury, serious physical injury, mediation in prostitution, etc. The only exception is the criminal offense of rape, in relation to which the incrimination – rape within marriage was introduced into the Criminal Code in 1996. However, the procedure pertaining to this kind of crime is initiated on the basis of a private complaint, unlike the other kinds of rape where the perpetrators are other persons, and not the spouse, and where the procedure is initiated ex officio.

The Ministry of Internal Affairs, within its legal authorities, in all cases when women themselves, their neighbors, or other citizens, report violence against women that occurs within their family, takes immediate measures for misdemeanor and/or criminal prosecution. Upon a report on a case, an intervention group immediately arrives at the scene and, depending on the situation, undertakes relevant police measures (warning, invitation, informative interviews, detention and alike). After the case is settled, appropriate misdemeanor or criminal charges are brought against the violence perpetrators.

Despite the lack of relevant statistical data on this issue, a global opinion can be given that, in principle, as a result of the increased public awareness following organized campaigns, as well as the broader presence of the issue in all media year after year, there is at least some improvement, which is a favorable fact for better and more adequate treatment and protection of women within the family.

Pursuant to the provisions of the Criminal Code of the Republic of Macedonia, any unlawful act, whether committed by a man or a woman, is treated equally, i.e. there is no gender-based discrimination in relation to the legal responsibility. Similarly, no gender-based discrimination is present in the treatment of the injured parties (victims of crimes). Therefore, the statistical data records kept at the Ministry of Internal Affairs, are classified by perpetrators of various categories of offenses, and not by gender, just as the victims are not statistically treated on the basis of gender differences.

However, the following can be observed in the statistical data available at the Ministry of Internal Affairs:

Criminal offense ''Homicide'', (Article 123 of CC)

Source: MIA-Analysis and Research Sector

Source: MIA-Analytical and Research Sector

From the data presented, it is evident that women are less frequently found as offenders of these crimes and the registered cases of women having committed murder most often relate to the crime of "Infanticide during delivery" (Article: 27.(1)). Another evident fact is that the number of women victims of the crime "homicide" is higher.

If the most frequent causes of women being murdered are analyzed, it can be concluded that in a certain number of registered murders of women (about 50% of the cases) the women have been in a relationship with the offenders, i.e. the offender commits the murder as an extremely violent act against the woman. The motives of the crime of "homicide" with a woman victim are of all kinds, starting with jealousy, family conflicts, arguments, to disturbed mutual relations. On the other hand, a woman will very infrequently attempt the life of her husband (partner), apart from exceptional cases of mental disorder or similar problems.

Suicides Committed

Source: MIA-Analytical and Research Sector

From the data presented, it is evident that the percentage of men committing suicide is higher than that of women. With respect to the reasons, most of the suicides are committed due to mental disorders (around 50%), while disease, family quarrels, relationship problems and alike, occur as other causes.

As regards the method of suicides, they are most often committed by hanging, while less frequent are poisoning by taking drug overdose or poisonous matters, jumping off high spots, etc.

Those who commit suicide usually age over 30.

The criminal offense "Rape" (Article 186 of the Criminal Code of the Republic of Macedonia) decisively stipulates that a rapist is "a person who by use of force against another person, or threatening to directly attack the other person's life or body, the life or body of a third person, close to the other person, or who coerces the other person to sexual intercourse'. Qualified types of rape are also included in Article 186, in case of the occurrence of a serious physical injury, death, or other serious consequences, or the act has been committed by more than one person, or in a particularly cruel or humiliating manner, or by coercion to sexual intercourse, with a serious threat that something shall be revealed concerning the victim or someone close to the victim that shall harm the victim's honor and reputation, or that another serious evil will be caused. Specially underlined should be the fact that since 1996, the criminal offense of "Rape against persons with whom the offender lives together in a marriage or cohabitation" has been provided.

Statistical data from 1997 to 2002 on the criminal offense ''Rape' indicate the following:

Source: MIA-Analytics and Research Sector

Below is more detailed information on criminal offences per certain Articles of the Criminal Code, for the period from 1997 to 2002:
1997

Criminal Code of the RM Offenses Offenders

Article 187 6 10

Article 188 29 32

Article 189 1 1

Article 190 1 1

Article 193 / /

Article 194 2 2

1998

Criminal Code of the RM Offenses Offenders

Article 187 10 19

Article 188 30 32

Article 189 2 2

Article 190 4 4

Article 193 2 2

Article 194 / /

1999

Criminal Code of the RM Offenses Offenders

Article 187 5 7

Article 188 38 38

Article 189 2 2

Article 190 3 3

Article 193 2 2

Article 194 2 2

2000

Criminal Code of the RM Offenses Offenders

Article 187 4 4

Article 188 33 39

Article 189 2 2

Article 190 3 3

Article 193 / /

Article 194 3 3

2001

Criminal Code of the RM Offenses Offenders

Article 187 7 8

Article 188 44 51

Article 189 3 3

Article 190 3 2

Article 193 / /

Article 194 2 2

2002

Criminal Code of the RM Offenses Offenders

Article 187 6 6

Article 188 56 58

Article 189 2 2

Article 190 6 5

Article 193 5 5

Article 194 1 1

ARTICLE 2: ANTI-DISCRIMINATORY MEASURES

Member states condemn discrimination against women in all of its manifestations, they agree to implement, with all appropriate means available to them and without delay, the policy of eliminating the discrimination against women and therefore they commit to:

a) introduce the principle of equality between men and women into their respective national constitutions or relevant legislation, unless they have done so, as well as to provide, through legal or other appropriate measures, practical implementation of this principle;

b) adopt appropriate legal and other measures, including sanctions wherever necessary, to prohibit all kinds of discrimination against women;

c) introduce legal protection of women's rights, on an equal basis with men and, through the national courts of jurisdiction and other public institutions, provide efficient protection of women against any procedure by which discrimination is exerted;

d) refrain from any procedure or practice of discrimination against women and ensure for the public bodies and institutions to act in accordance with this commitment;

e) take all necessary measures with a purpose of removing the discrimination against women by any person, organization or enterprise;

f) take all convenient measures, including the legislative ones, for amending or revocation of existing laws, regulations, customs and practice, which represent discrimination against women;

g) rule out all of the internal penal provisions used to discriminate women.

Republic of Macedonia belongs to the group of countries in which the principles of the continental law apply. Primary sources of the law in the Republic of Macedonia are the Constitution, the laws and international treaties, ratified by the Parliament of the Republic of Macedonia and which are in compliance with the Constitution. The basic principles of this system are the constitutionality and legality: this means that all legal acts enacted within the legal system of the Republic of Macedonia must comply with the immediately superior legal act, and consequently, they all must comply with the supreme one – the Constitution of the Republic of Macedonia.

The judicial practice (developed through the principled positions and legal opinions of the Supreme Court, but also through the decisions of the lower instance courts) is the subsidiary source of the law. This means that in applying the legal norms, judges are not formally bound to apply the position of a higher instance court or the opinion of the Supreme Court. However, in certain number of cases, the lower instance courts apply directly the positions and opinions of their respective higher instance courts, due to the authority of these institutions, and not owing to their positions' imperative character or the precedent character of the decisions they make.

As mentioned above, international treaties too are a source of the law, together with the Constitution and the legislation. In the Republic of Macedonia, the hierarchy of legal acts places the International treaties in between the Constitution and the legislation, i.e. in case of possible discrepancy of the ratified international treaties with the existing laws in the RM, the ratified international treaties' provisions will have priority, i.e. they will apply. Pursuant to Article 118 of the Constitution of the Republic of Macedonia, international treaties ratified in accordance with the Constitution (the international treaties signed are ratified by a law adopted by the Parliament of the RM) become a constituent part of the internal legal system of the Republic of Macedonia and may not be amended by law. Accordingly, pursuant to Article 98 of the Constitution, the courts in the Republic of Macedonia base their decisions on the Constitution, the legislation and the international treaties ratified in accordance with the Constitution. Thus, when issuing any decision, the courts are free to directly (without previous enactment of special, supplementary legal acts or by-laws) apply the provisions of any international convention, , previously ratified by the Parliament of the Republic of Macedonia.

Republic of Macedonia is a signatory to a number of international acts relating to issues of gender equality and women's status. As a successor country to the former Socialist Federal Republic of Yugoslavia, Macedonia has acceded to the UN Convention on the Elimination of all Forms of Discrimination against Women. The Convention came into force on September 17, 1991, when the country assumed the required obligations before the international community. Republic of Macedonia signed the Optional Protocol to the Convention on Elimination of all Forms of Discrimination against Women in 2000, ratified it on June 24, 2003, and it came into force on October 17, 2003. This Protocol acknowledges the competence of the Committee on the Rights of Women in its reviewing the applications submitted on behalf of individuals or groups, relating to the protection of rights stipulated in this Convention.

Part of the conventions of the International Labor Organization, to which Macedonia is a party, as a result of the succession to the former Kingdom of Serbs, Croats and Slovenians, former Federal People's Republic of Yugoslavia and the former Socialist Federal Republic of Yugoslavia, are as follows:

C2 Convention on Unemployment, 1919-

Official Gazette, no. 95-XXII dated April 30, 1927.

C3 Convention on the Protection of Motherhood, 1919-

Official Gazette, no. 95-XXII dated April 30, 1927.

C8 Convention on Unemployment (Shipwreck) Compensation, 1920-

Official Gazette, no. 44-XVI dated February 25, 1930.

C14 Convention on Week's Rest (industry), 1921-

Official Gazette, no. 95-XXII dated April 30, 1927.

C17 Convention on Workers' Compensation (Accidents), 1925-

Official Gazette, no. 95-XXII dated April 30, 1927.

C18 Convention on Workers' Compensation (Occupational Diseases), 1925-

Official Gazette, no. 95-XXII dated April 30, 1927.

C19 Convention on Treatment Equality (Compensation of Accidents), 1925-

Official Gazette, no. 95-XXII dated April 30, 1927.

C29 Convention on Forced Labor, 1930

C45 Convention on Underground Work (Women), 1935

C48 Convention on Maintaining of Immigrants' Pension Rights, 1935

C81 Convention on Labor Inspection, 1947

Collection of OUN Agreements, book 54, Annex to the Official Gazette of the Federal People's Republic of Yugoslavia, no. 5/1956, Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 57/1956

C89 Convention on Night Work (Women), (Revised), 1948

Collection of OUN Agreements, book 81, Annex to the Official Gazette of the Federal People's Republic of Yugoslavia, no. 12/1956, Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 19/1957

C98 Convention on the Right to Organizing and Collective Agreement, 1949

Annex to the Official Gazette of the Federal People's Republic of Yugoslavia, no. 11/1958, Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 11/1956

C100 Convention on Equal Reward, 1951-

Official Gazette of the Presidium of the National Assembly of the Federal People's Republic of Yugoslavia, no. 2/1952, Collection of OUN Agreements, book 156, Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 11/1952

C102 Convention on Social Protection (Minimum Standards), 1952

C103 Convention on Motherhood Protection (Revised), 1952-

Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 9/1955, Collection of Agreements of the Federal People's Republic of Yugoslavia, book no. 23/1956, Collection of OUN Agreements, book 214

C105 Convention on Forced Labor Revocation, 1957

Official Gazette of the Republic of Macedonia, no. 6/2003 (in international Agreements)

C106 Convention on Week's Rest (Trade and Administration), 1957

C111 Convention on Discrimination (Employment and Occupation) 1958-

Annex to the Official Gazette of the Federal People's Republic of Yugoslavia, no. 3/1961

C122 Convention on Employment Policy, 1964-

Official Gazette of the Federal People's Republic of Yugoslavia, no. 34/1971 (in international treaties and other agreements)

C129 Convention Labor Inspection (Agriculture), 1969-

Official Gazette of the Federal People's Republic of Yugoslavia, no. 22/75

C131 Convention on Defining the Minimum salary, 1970

C132 Holidays with Convention on Payment (Revised), 1970

C143 Convention on Emigrant Workers (additional provisions), 1975

C155 Convention on Professional Protection and Health, 1981

C156 Convention on Workers with Family Responsibilities, 1981

Official Gazette of the Socialist Federal Republic of Yugoslavia, international agreements, no. 7/87 dates July 3, 1987.

BAN ON DISCRIMINATION IN THE LEGAL SYSTEM OF THE RM

Undoubtedly, the fundamental principle of the mentioned constitutional system is the principle of equality, i.e. non-discrimination, in compliance with which Article 9 of the Constitution of the Republic of Macedonia stipulates that "the citizens of the Republic of Macedonia are equal in their freedoms and rights, irrespective of the gender, race, skin color, national or social origin and religious belief, property and social status. The citizens are equal before the Constitution and the laws..."

Such a clause is also included in Article 54 of the Constitution of the Republic of Macedonia, according to which:

"The human and citizen's freedoms and rights can only be restricted in cases prescribed by the Constitution.

The human and citizen's freedoms and rights can only be restricted during a war or state of emergency, in accordance with the Constitution.

Freedoms and rights restrictions may not be discriminatory on the basis of gender, race, skin color, language, religion, national or social origin, property or social status.

Freedoms and rights restriction cannot be related to the right to life, prohibition of torture, inhuman and degrading treatment and punishment, legal definition of punishable acts and punishments, or to the freedom of belief, conscience, thought, public expression of thought and faith.

The Constitution of the Republic of Macedonia identifies two kinds of human freedoms and restriction of rights: restrictions enumerated in guaranteeing individual freedoms and rights^[2], and a general provision on restricting the freedoms and rights during a war or state of emergency.

Especially important is the ban on discrimination in the cases of human freedoms and rights restriction, as well as the strict ban on the restriction of certain human freedoms and rights. In this sense, the restriction of human freedoms and rights cannot be discriminatory on the basis of gender.

Acquiring the character of a right, the "non-discrimination in enjoying the rights" obliges the state to take certain measures in sanctioning the non-application of this right. In this sense, the Criminal Code incorporates a provision by means of which the violation of the citizens' equality is subject to criminal sanctions (Article 137 of the CC) "(1) A person who, based on the gender, race, skin color, national and social origin, political and religious conviction, property and social status, language or other similar features deprives of or restricts the rights of a human being and citizen, defined by the Constitution, law or ratified international treaty or, based on such differences, grants privileges to citizens, contrary to the Constitution, law or ratified international treaty, will be punished by imprisonment in duration of three months to three years. (2) If the act in Paragraph 1 is committed by an official during service, the official will be punished by imprisonment in duration of six months to five years".

In accordance with the above-mentioned principle of nondiscrimination in Article 9 of the Constitution, equality between genders is constitutionally proclaimed. Beside this provision, the Constitution of the Republic of Macedonia contains several other provisions of general character, in the part addressing economic, social and cultural rights, which affirm the special protection of women, primarily as a mother and worker, and which are used as a basis for the protective legislation in the field of family relations and employment. Thus, according to Article 40, paragraph 1 of the Constitution, the state provides special care and protection to the family. Article 41, paragraph 1, recognizes the right to free decision on the procreation of children, while according to Article 42, paragraphs 1 and 2, the state provides special protection to mothers, children and minors. Minors and mothers have the right to special protection at work.

These constitutional provisions are further elaborated in a number of legal texts in the fields of criminal, family, labor legislations, as well as in other laws and bylaws.

LEGAL PROTECTION

The protection of human freedoms and rights is a constitutional category. Accordingly, pursuant to Article 50 of the Constitution of the Republic of Macedonia, every citizen can seek protection of freedoms and rights, stipulated by the Constitution before regular courts, as well as before the Constitutional Court of the Republic of Macedonia, within a procedure based on the priority and urgency principles.

Paragraph 2 of the same Article, guarantees application of the principle of two instance court procedures in the Republic of Macedonia. All appealed first instance verdicts are subject to revision by the immediately superior court. In certain cases, third instance decision-making is prescribed. Appealing a second-instance verdict has a suspending and devolutionary effect (suspends effectiveness and enforceability of the first-instance verdict), and it is decided upon by the Supreme Court. Two instance procedures are guaranteed in relation to all administrative acts, as well. Also guaranteed is judicial protection (administrative dispute) of the legality of individual acts of the state administration, as well as other institutions, which exercise public mandate.

A decisive importance in the efficient exercise of human rights lies in the independent and autonomous implementation of the judicial function. Through a number of its provisions, the Law on Courts guarantees the judges' independence in carrying out the judicial function. Besides, aiming at an efficient accomplishment of the legal protection, the Law stipulates that every state body, when the issue is within its competencies, is obliged to provide for enforcement of a court decision. Enforcement of an effective and enforceable court decision is carried out in the quickest and most efficient manner possible, and it cannot be hindered by a decision of any other state body.

The Constitution of the RM of 1991 stipulates the following kinds of freedoms and rights protection:

1. judicial protection

-by the regular courts

-by the Constitutional Court of the RM

2. by the Ombudsman

3. by the Permanent Survey Committee of the Parliament of the RM, as a task force of the Parliament of the RM

The Law on Courts of 1995 (Official Gazette no. 36/95), in its Article 6 stipulates that the courts protect human and citizen's freedoms and rights, as well as the rights of other legal entities, unless, based on the Constitution, this is within the jurisdiction of the Constitutional Court of the RM. The jurisdiction of courts also includes the protection of citizens against illegal individual acts of the state administration, and other institutions which exercise public authorities, which is in compliance with Article 15 of the Constitution of the RM, reading: "The right to appeal individual legal acts issued within a first instance procedure before a court, administrative body or organization, or other institutions exercising public authorizations is guaranteed".

Equality among citizens, i.e. equality between men and women, beside the protection by regular courts, also enjoys the Constitutional Court's protection.

Namely, the most direct constitutional protection against the violation of human rights is provided through the institute of individual petition to the Constitutional Court of the Republic of Macedonia. Pursuant to Article 110 of the Constitution of the Republic of Macedonia, the Constitutional Court of the Republic of Macedonia immediately protects the human and citizen's freedoms and rights, which pertain to the freedom of belief, conscience, thought and public expression of thought, political association and action and the prohibition of discrimination on any basis, among which the gender based one, as well.

The procedure of protection of freedoms and rights before the Constitutional Court is regulated by the Rule Book of the Constitutional Court, according to which a citizen is entitled to seek protection of freedoms and rights before the Constitutional Court, within 2 months from the day of submission of a final or effective act, i.e. from the day of becoming aware of the violating action taken, but not later than 5 years from the day such action has been taken. As a rule, the Constitutional Court decides on the basis of a public hearing held, to which the parties to the procedure are invited, along with the Ombudsman. By means of a decision on the protection of freedoms and rights, the Constitutional Court will determine whether their violation has occurred or not, and depending on the determination it will revoke the individual act, ban the action resulting in the violation, or reject the request. The Constitutional Court can issue a decision delaying the individual act's enforcement or effect, until a final decision is made. The court will, by means of the same decision, apply the institute of restitution to a previous state (restitution ad integrum), and in case this is impossible, material satisfaction is adjudicated.

Together with the immediate Constitutional Court's protection, within its primary competence – control of constitutionality and legality, the Constitutional Court also conducts, on a permanent basis, the so called abstract protection of human rights, through the capacity to revoke those provisions in the laws and bylaws which contradict the Constitution, i.e. which are in violation of the constitutionally guaranteed rights.

In accordance with the above stated, the citizens' right to equality, and, in this sense, gender equality, enjoys Constitutional Court's protection. Based on the data available to the Constitutional Court, in the period from 1996 to 2000, a total of 36 individual citizen's petitions were submitted to the Constitutional Court for human freedoms and rights protection. Out of this number, 14 were in relation to the ban on discrimination, of which only in 2 cases the petitions submitted were in relation to gender-based discrimination. The Constitutional Court's data indicate that only a very small percentage of women submit individual petitions related to discrimination cases. Namely, of the said 14 such petitions, only in 3 cases the petitioners were women. In 2001, the Constitutional Court issued 5 decisions based on the human freedoms and rights protection related petitions and none of these decisions was in relation to gender based discrimination, while in 2002, out of 9 such decisions, again, none was in connection with the gender based discrimination.

The criminal and legal protection of discriminatory acts and actions, directed against women's freedoms and rights is provided in Article 137 of the Criminal Code, which in Chapter 15 – "Criminal offenses against the human and citizen's freedoms and rights" sanctions the violation of citizens' equality. The Criminal Code stipulates imprisonment in duration of three months to three years for acts which deprive of or restrict the human or citizen's rights, defined by the Constitution, law, or ratified international treaty, on the basis of gender, race, skin color, national or social background, political or religious belief, property or social status, language or other personal feature or condition, i.e. for acts which, on the basis of these differences grant privileges to citizens which are contradictory to the Constitution, law, or ratified international treaty. A qualified kind of this criminal offense is when it is committed by an official during service, which entails stricter imprisonment of six months to five years. However, data from the Institute of Statistics indicate the insignificant number of petitions filed in relation to this criminal offense: in 1996 only one petition was filed, and in 1997 two of them. According to the data from the Institute of Statistics, in the period 1995-1997 no convictions have been recorded for this criminal offense. In 1998 there were 5 women and 85 men convicted for this criminal offense, in 1999 – six women and 61 men, in 2000 – 2 women and 35 men and in 2001, there were 2 women and 56 men were convicted (for more details refer to Annex no. 1 with statistical data, at the end of the Report).

The criminal and legal protection of human and citizen's freedoms and rights belongs among the most efficient forms of protection in cases of human freedoms and rights violations. The Criminal Code, in a special chapter, entitled Criminal offenses against the human and citizen's freedoms and rights, stipulates, besides the criminal offense violation of citizens' equality (Article 137); the criminal offenses of coercion (Article 139), abduction (Article 141), torture (Article 142), molestation during service (Article 143); violation of the right to apply for legal remedy (Article 153);

Apart from the protection of these freedoms and rights, the Criminal Code also prescribes protection of other rights, by defining the criminal offenses against life and body (Chapter XIV); criminal offenses against honor and reputation (Chapter XVIII); criminal offenses against sexual freedom and sexual morality (Chapter XIX); criminal offences against the marriage, family and youth (Chapter XX); criminal offenses against human health (Chapter XXI); criminal offenses against humanity and international law (Chapter XXXIV).

The Role of the Ombudsman: the establishment and functioning of the Ombudsman in the Republic of Macedonia are regulated by the Law on Ombudsman (Official Gazette no. 60/03).

The Ombudsman is a body of the Republic of Macedonia, with the head office in Skopje, which protects the constitutional and legal rights of the citizens and all other parties, in case of such rights' violation by acts, actions and omissions of actions of the state administration bodies and other bodies and organizations exercising public mandate, and which takes actions and measures to protect the principles of nondiscrimination and just representation of persons belonging to all communities in the government authority bodies, local self-government bodies and public institutions and services. The Ombudsman carries out his/her competencies on the basis and within the prescriptions of the Constitution, law and international treaties ratified in accordance with the Constitution. He/she is independent and autonomous in performing its function and funded from the budget of the Republic of Macedonia.

The Ombudsman is elected by the Parliament of the RM, upon a proposal of the competent Parliamentary committee. He/she is to meet the general conditions, stipulated by the law, for becoming an employee of a state administration body, to be a graduate lawyer with more than nine years of experience in legal matters, with activities proven in the field of citizen's rights protection and to enjoy high esteem, for holding the position of an Ombudsman. The Parliament of the RM elects and dismisses the Ombudsman by majority of votes of the total number of Members of the Parliament who belong to the communities, which are not the majority in the Republic of Macedonia. The Ombudsman has several deputies, and their number is determined by the Parliament of the RM, upon the Ombudsman's proposal. The Ombudsman and his/her deputies are elected for an eight-year mandate, with a right to one reelection.

With respect to his/her competences and method of work, the Ombudsman can institute a procedure at his/her own initiative, if he/she assesses that the citizens' constitutional and legal rights have been violated, or initiate a procedure upon an application submitted by a citizen, if the latter has assessed that his/her constitutional and legal rights have been violated, or if the principles of nondiscrimination and just representation of persons belonging to all communities in the state administration bodies, local self-government bodies and public institutions and services have been violated. In the communication with the Ombudsman, any party is free to use one of the official languages with its respective alphabet, while the Ombudsman responds in the Macedonian language and its Cyrillic script, as well as in the official language and the alphabet used by the party submitting the application.

Upon receiving an application, the Ombudsman can decide not to initiate a procedure if: the application is anonymous (except if a matter of common interest is in question); the application is used to offend the body or to abuse the right to submit an application; the application is incomplete and if the submitting party has not completed the application, after previously having been advised by the Ombudsman to do so; it can be concluded from the application that a case of minor importance is in question, which could not produce appropriate results even after a completed investigation; it arises from the motion, the circumstances and the facts and evidence attached that there has been no violation of constitutional and legal rights of the submitting party or of the party on behalf of whom the motion has been submitted by the competent bodies; if the Ombudsman is not competent to act; or if more than a year has elapsed from the action or the last decision of the body, organization or institution, unless the Ombudsman estimates that the submitting party has failed to observe the deadline for justifiable reasons and that there is an ongoing court procedure in relation to the case referred to in the application.

In order to examine the application, the Ombudsman can, within his/her competences, take the following actions and measures: request necessary explanations, information and evidence relating to the allegations in the application; enter the official premises and have direct insight into the objects and matters within the competencies of the organ; to invite an elected or appointed person, an official or any other person who can give certain details during the procedure; to ask for an opinion from scientific and professional institutions and take other actions and measures prescribed by the law or another regulation.

The competent bodies and organizations are required to cooperate with the Ombudsman and, at his/her request, submit all the necessary information, regardless of the confidentiality level, in order to assist in the accomplishment of his/her function.

If the Ombudsman detects violation of the constitutional and legal rights of the applicant, or if other irregularities are present, he/she can: give recommendations, suggestions, opinions and indications on the way of removing the violations detected; propose that certain procedure be reapplied in compliance with the law; launch initiative for opening a disciplinary procedure against the official, i.e. responsible person and lodge a request to the competent public prosecutor for initiating a procedure with a purpose of determining criminal responsibility.

Regarding the publicity of activities, the Ombudsman should submit an annual report on his/her work, the publication of which in the mass media is compulsory. The Ombudsman can submit a separate report relating to his/her competences in terms of the bodies of the local self-government units in the territories of which an office is established as the Ombudsman's organizational unit.

The information received so far from the Ombudsman's Office indicate absence of any application related to the violation of a constitutional or legal right submitted by women (e.g., out of 1,000 applications, none is submitted with regard to gender discrimination). There is a need for improved information of the broader public on the competences and activities of the Ombudsman, in relation to the protection and enhancement of human rights, including the women's rights, which will help considerably in the achievement of actual gender equality.

One of the deputies of the Ombudsman is a woman who monitors the human rights and pays special attention to the women's rights.

Permanent Survey Committee for Protection of Citizen's Freedoms and Rights: In order to protect the human and citizen's freedoms and rights, the Parliament of the Republic of Macedonia founded a Permanent Survey Committee for Protection of Citizen's Freedoms and Rights (Article 76, paragraph 4, of the Constitution). Its findings present a basis for initiating a procedure with a purpose of determining the responsibility of the public position holders. This responsibility primarily refers to the acts and behavior of the holders of such positions, by which the citizens' freedoms and rights are violated or threatened. In its work, the Committee cooperates with scientific and professional organizations in the sphere of citizen's freedoms and rights protection, with appropriate foreign and international bodies in the field of citizen's freedoms and rights protection, as well as with appropriate working bodies in the Parliament.

The data presented (on all possible protection mechanisms) clearly indicate that the citizens of the Republic of Macedonia, including women, use the existing mechanisms and legal means for protection of the freedoms and rights in case of their violation to an insufficient extent, which is mainly due to the inadequate knowledge about the guaranteed freedoms and rights and methods of their protection.

Bearing this situation in mind, and considering the constitutional provision contained in Article 50, according to which the citizens are entitled to be familiar with the human rights and actively contribute to their promotion and protection, the Government of the Republic of Macedonia, in the National Action Plan adopted in December 1999, in the part relating to the women's human rights, set the following strategic goals: provision of full enjoyment of all human rights and fundamental freedoms for women and female children and elimination of any kind of discrimination; bridging the gap between the guaranteed rights and freedoms and their effective enjoyment; building awareness of the existence of the rights and the natural need for enjoying them. The following activities are meant to be taken for accomplishment of these strategic goals:

1. Broad and multidirectional education through: promotion of human freedoms and rights and familiarizing with the mechanisms of their protection; promotion of legal culture programs (introduction to the national legislation and international women's rights protection norms and instruments; incorporation of the human rights matter into the primary and secondary education curricula); launching campaigns related to the equality of men and women in the public and private life; special training on human rights for civil servants, social and health care workers, teachers at all levels of education, judges, politicians, etc.;

2. Intensive information activity through: continuous provision of information on women's human rights; inclusion of the gender-related dimension in the information on various issues; familiarization with the international documents and instruments; presentation of cases of women's human rights violation; familiarization with the right to indemnification;

3. Re-examination and amendment of the legal regulations and bylaws, in order to overcome the discriminatory solutions (norms);

4. Additions to the criminal, administrative, labor, family and inheritance regulations with the provisions of mechanisms for prevention of discrimination and its sanctioning;

5. Providing effective protection against and punishment in cases of women's rights violation, regardless of the offender's status and his relations to the victim;

6. Simplification of the administrative procedures;

7. Organizing free legal aid for women who cannot afford it;

8. Continuous monitoring of the issue of women's human rights; and

9. Establishment of interdepartmental monitoring body, which would, along with civil servants, include representatives of women's non-governmental organizations and experts.

Together with the protection of human rights in the domestic legal system, the ratification of the European Convention on Human Rights is another opportunity for the citizens of the Republic of Macedonia to seek protection of their rights before the European Court for Human Rights, which represents the most efficient and complex international system for human rights. Protocol 12 to the ECHR, which has been signed by the Republic of Macedonia, is at the stage of ratification.

In this context, and in compliance with its determination to fully respect and promote human rights, the Republic of Macedonia is a member (as described above) of all fundamental UN conventions related to human rights' protection, including the Convention on Elimination of all Forms of Discrimination against Women. The Republic of Macedonia has also signed the Optional Protocol to this Convention in June, 2000, ratified it on June 24, 2003 and it came into force on October 17, 2003. Also, the Republic of Macedonia has ratified the Optional Protocol to the International Covenant on Civil and Political Rights in 1971 (Official Gazette of SFRY (international Treaties) no. 77/71), and Macedonia is a member of this treaty by virtue of succession to the former SFRY with the effect as of November 17, 1001, whereby acknowledging the competence of the Committee for Human Rights to receive and consider individual petitions, including gender-based discrimination related individual petitions. As mentioned above, at regional level, the Republic of Macedonia is a party to the European Convention on Human Rights of the Council of Europe, which is a conditio sine qua non for any democratic country in Europe. Republic of Macedonia took active part in the designing ,and supported the adoption of the 12^th Protocol of the European Convention on Human Rights, which extends and precisely defines the anti-discriminatory clause in Article 14 of this Convention. Republic of Macedonia also observes all relevant documents of OSCE and bases its policy upon these important political documents.

ARTICLE 3: WOMEN'S DEVELOPMENT AND PROGRESS

The member states undertake in all fields, especially in the political, social, economic and cultural ones, all appropriate measures, including the legislative ones, for provision of comprehensive development and progress of women, with a purpose of guaranteeing them to, equally with men, exercise and enjoy the human rights and fundamental freedoms.

In a democratic country like the Republic of Macedonia, enjoyment of human rights and fundamental freedoms is equally guaranteed to all citizens, without gender discrimination, which is one of the basic principles of the Macedonian Constitution.

In the past few decades, new boundaries of human rights and fundamental freedoms have been identified, especially by the feminist movements and arising from the broad acknowledgement of the new awareness in women. Overall control of their own life and body, freedom from violence, freedom of choice in all aspects of the public and private life, are now grasped by some women in the country as integral parts of their fundamental freedom and general approach toward the human rights. Yet, a great deal remains to be done.

The authorities take series of measures to promote the rights of women in the country.

Pursuant to the Decision of the Government of the Republic of Macedonia, and in compliance with the Beijing Declaration and Action Platform, the Unit for Promotion of Gender Equality was established, within the Ministry of Labor and Social Policy, in January 1997. The Government provided the necessary premises for the Unit. However, special funds defined in the state budget are still missing and the Unit operates with one full-time employee. The Unit is funded by the resources allocated to the Ministry of Labor and Social Policy.

The main task of the Unit is to positively influence the promotion of women's position, in accordance with the international conventions and documents ratified or joined by the Republic of Macedonia, and in accordance with the activities for designing a clear concept and strategy for overcoming the problems faced by the women in the country.

The Unit's tasks can be grouped in the following way:

- participation in the work of specialized bodies (commissions and committees) dealing with the gender related problems (mainly those of the Council of Europe, UN and OSCE);

- monitoring the development of international threats against the human rights, participation in the preparation of comparative surveys of the domestic legal regulations' compatibility with the relevant international documents in the field of gender equality, which the Republic of Macedonia has joined. In this respect, the Unit for Gender Equality initiated amendments to the legal regulations or adoption of new regulations, etc;

- the Unit coordinates project implementation in the field of gender equality, prepares reports for the international conventions in the field of gender equality, prepares reports on the women's status in the Republic of Macedonia;

- the Unit arranges working meetings with the competent ministries and administrative bodies, international and domestic non-governmental organizations, then organizes seminars, etc;

In this context, it is worthwhile mentioning that the Unit revived the National Committee, which had been established in order to prepare the National Report on the Participation in the 5^th International Conference of UN on Women, held in Beijing, in 1995.

The National Committee includes members from governmental institutions and non-governmental organizations, and, among other issues, its task is to prioritize the assessments of the proposed projects and verify their results.

During 1998, the Unit supported the initiative of a group of Members of the Parliament of the Republic of Macedonia, who introduced the Declaration on the Development of Equality between Men and Women into the decision making process (Official Gazette of the Republic of Macedonia, no. 32/98).

The same year, within the Consensus Program, the Unit prepared a comparative survey of the social protection and social insurance regulation, from the gender perspective, in order to achieve compatibility with the directives of the European Union. These activities were supported by the European Commission.

During 1999, the Unit and the National Committee, within the project entitled 'Strengthening of the National Machinery for Women's Protection', supported by the UNDP Office in Skopje, prepared the National Action Plan for Gender Equality (NAPGE). This Plan was adopted by the Government of the Republic of Macedonia in December 1999. The Action Plan defines the tasks and measures necessary for achievement of these goals, arising from the existing gender equality situation in the Republic of Macedonia. The National Action Plan is the Government's instrument by means of which it informs the citizens on its priorities and activities in relation to the gender equality issues.

The Unit is thoroughly involved in the process of political empowering women in the country, which is one of the NAPGE's priorities. It strongly supports NGO projects related to this issue and participates in the work of the Macedonian Women's Lobby, for political strengthening of women.

In the part of NAPGE relating to the women's role in the Government and in the decision making process, one of the strategic goals is establishment of a Committee for Gender Equality within the Parliament of the Republic of Macedonia. The duty of this Committee will be to monitor the legal provisions proposed to the Parliament, in order to be able to intervene appropriately with a purpose of improvement of the legal provisions, as well as the women's status.

Aiming at the accomplishment of strategic goals of establishing the Committee for Gender Equality within the Parliament of the Republic of Macedonia, in January, 2001, the Unit started preparatory activities of informing and mobilizing the relevant participants in the Government of the Republic of Macedonia: the Prime Minister of the Republic of Macedonia, Members of the Parliament, women's forums at political parties, etc. These activities are supported by and implemented with the financial aid of the Austrian Government and within the Gender Equality Task Force of the SEE Stability Pact.

Within the project 'New Strategy of Gender Equality in the Republic of Macedonia', with the Austrian Government's financial aid and in cooperation with the Council of Europe, the Unit established a working group of 8 members, who are supposed to prepare a draft amendment to the election regulations at national and local level, with a purpose of stimulating as many as possible women candidates' presence in the election lists for the elections at national or local level. Article 31 of the Election Law (adopted in June, 2002), related to the election of Members of the Parliament of the Republic of Macedonia, was amended by including paragraph 2 which reads: 'In the proposed list of candidates based on the majority principle and in the list of candidates based on the proportionality principle, at least 30% of the proposed candidates shall be women and at least 30% of the proposed candidates shall be men' (since it was assumed that the Constitutional Court would reject the percentage stated, if it only related to women). A similar process of inserting a 30% quota into the Law on Local Elections is under way.

With regard to education, the existing legislation regulating the education sector, treats equally the pupils and students population in terms of gender.

In the existing legislation regulating the primary education, i.e. the Law on Primary Education of 1995 (Official Gazette of the RM, no. 44/95, 29/2002, 52/2002), which is in compliance with the Constitution of the Republic of Macedonia, as well as in the reform programs for transformation of the educational system, evident efforts are made to provide equality between the male and female pupils, which is of fundamental importance and a precondition per se, for the advancement of the entire social system. This implies establishment of equal conditions from any aspect and, in this respect, equitable access to education and other kinds of training in the single educational system. Correspondingly, no discrimination is present in the subsystem of pre-school and primary education of female pupils, which indicates the absence of gender differences in terms of the fulfillment of fundamental rights and freedoms by the female pupils in the pre-school and primary education.

Also, the Law on Secondary Education of 1995 (Official Gazette of the RM, no. 44/95, 29/2002, 52/2002), Article 3, paragraph 2, contains an anti-discriminatory clause which reads: "No discrimination on the basis of gender, race, skin color, national and social origin , political and religious belief, property and social status shall be allowed', and on the basis of which, women are guaranteed equitable access to secondary education.

The Law on higher education (Official Gazette of the RM, no. 64/200), through a separate article (Article 2), along with the Law on Amendments to the Law on Higher Education (Official Gazette of the RM, no. 49/2003), regulates the right of the citizens of the Republic of Macedonia to education at higher education institutions, under equal terms, which presumes equitable access to the higher education for both the male and female population.

Also, Chapter Two of this Law addresses the contents and protection of the autonomy of all higher education academic community members, and their intellectual freedom and the creative nature of the research and educational process are guaranteed, as supreme values and skills (Articles 10 and 11 of the Law on Higher Education), including the autonomy of higher education institutions management, as a segment of the overall academic freedom of the higher education institutions (Article 12 of the Law on Higher Education). Here, the autonomy inviolability refers to performing higher education and other activities, which means protection of the academic community members' rights against human and citizen's discrimination related to gender, race, skin color, national and ethnic origin, social origin, political and religious belief and belonging, property and social status (Article 13). In this article, exactly the right to protection against gender based discrimination has priority, in the order of the academic community members' rights, thus putting the emphasis on the importance of this matter in the text of the law and making no gender based difference whatsoever.

Although without specific provisions directly relating to this issue, the Law on Pupils' and Students' Standard of 1998 also addresses this activity as a unique one for pupils and students, not discriminating the members of either gender.

The report has used appropriate statistical data on the situation in particular education segments, i.e. primary, secondary and higher education, as well as on the pupils' and students' standard, for the reporting period, obtained from the State Institute of Statistics of the Republic of Macedonia, presented in the statistical data contained in the Annexes to the Report.

Also, there are numerous activities of the non-governmental organizations in this segment. For more details on some of them, please refer to the explanation of Article 7 (c).

ARTICLE 4: ADVANCEMENT OF EQUALITY BETWEEN MEN AND WOMEN

1. The adoption of special temporary measures by the member states, aiming at speeding up the accomplishment of de facto equality between men and women, is not considered discrimination, as defined in this Convention, but it may not by any means have unequal or different criteria as a consequence, and these measures will cease to be valid when the goal of giving everyone equal opportunities and treatment is achieved.

2. The adoption of special measures by the member states, including the measures contained in this Convention aiming at protection of motherhood, is not considered discrimination.

Equality between men and women is a constitutional category in the Republic of Macedonia.

Today, the Republic of Macedonia has no official policy whatsoever for de facto advancing equality, or for introducing temporary special measures (positive actions) at national level. No temporary measures have been adopted in the Republic of Macedonia, aiming at the implementation of the actual equality between men and women, as this right is protected at constitutional level.

(1) Supporting the above is the enactment of the Declaration on Gender Equality in the Decision-making Process by the Government of the Republic of Macedonia, in 1998.

However, the new Election Law (as it has already been stated in the comment on Article 3, above) stipulates a 30% quota for either gender in the lists of proposed parliamentary election candidates. The same is planned for the new law on Local Elections, which is being prepared.

2) Article 42 of the Constitution of the Republic of Macedonia, with regard to the fundamental human and citizen's rights, guarantees the special protection of minors and mothers at work, taking into account their special status. The Law on Employment follows the Constitutional provisions, and by means of its Articles 58 -68 regulates the special protection of women.

Thus, employed women in Macedonia enjoy all the rights to protection at work and during pregnancy. They may not be assigned to duties, which may have harmful effects on their health condition, or work nights. This kind of protection also applies to an employed woman with a child, less than two years of age.

ARTICLE 5: GENDER RELATED ROLES AND STEREOTYPES

Member states take all the appropriate measures to:

a) change the social and cultural traditions in regarding the behavior of men and women, aiming at the removal of prejudices, as well as the customary or any other practice based on the concept of inferiority or superiority of the one or other gender, or of the traditional role of men and women;

b) enable for the family upbringing to include the proper understanding of motherhood as a social function and recognition of the mutual responsibility of men and women in the children's rearing and development, presuming in all cases that, first of all, the child's interests must have highest priority.

a) And while women accomplish an ever-increasing number of goals in the society, the conventional concept of women still persists. This stereotype suggests that the core of the differences between genders is embedded in the inferior and unfavorable position, and it underlines the ancient division of roles between men and women in the sphere of family relations and wider.

The concepts of women created and/or transferred by the mass media have a significant role in the firming up of, but also in the combat against, the stereotypes about the woman and womanhood. The media influence, especially that of the television, and the effects produced are shown in a number of scientific researches, and therefore it seems that further elaboration of this topic is unnecessary.

The issue of one of the aspects of presenting women by the electronic media in Macedonia is covered by part of the provisions of Article 35 of the Law on Broadcasting (Official Gazette of the RM, no. 20/97). According to this article:

"Indecent contents must not be presented in the program, especially not those with pornography and violence.

No programs can be broadcast which may have harmful influence on the physical, spiritual or moral development of children and young people.

Films or other programs which may have harmful influence on the psychophysical development of children and young people can only be presented between 24.00 and 06:00 o'clock."

The Broadcasting Council of the Republic of Macedonia, as an independent regulatory body, conducts permanent monitoring of the electronic media (radio and TV stations)^[3]. Based exactly on the data obtained through this monitoring, the Broadcasting Council takes measures against those radio and TV stations which do not respect the Law^[4]. Disrespect for Article 35 has frequently been the reason for taking measures, especially in relation to television commercial messages for the so-called "hot lines" and programs with pornographic contents^[5]:

1. In 2002, eight times were first warnings sent to the same number of TV stations. One of the TV stations was given a second warning. In October, 2002, the Council publicly named eight television stations who broadcast "hot line" advertisements, containing scenes of explicit pornography and warned them that misdemeanor procedures were going to be initiated against them;

2. In 2001 two first warnings and five second warnings were sent, and in three cases inspection's supervision was requested from the competent inspectorate (in this case, the State Market Inspectorate). A total of seven television stations were involved in these measures;

3. The number of measures taken is highest in 2000 – 22 first and five second warnings, while in four cases inspection's supervision was requested. The measures involved 16 TV stations and one radio station. In the case of a television station, the Inspectorate lodged a request to the Court for initiating a misdemeanor procedure. In the case of another television station, the inspectors were denied entrance to the station".

The measures taken during this three-year period aiming at the elimination of pornography from the television programs were supported by the non-governmental and religious organizations, by the Consumer Protection Organization, as well as by a number of spectators who called the open telephone line of the Council. This resulted in an improved level of complying with Article 35 of the Law on Broadcasting by the radio and TV stations.

The fact that the media monitoring is the Council's continuous activity, i.e. the awareness that their programs are subject to analysis, certainly contributed to a more professional behavior of the electronic media. However, striving to achieve better results, which would last longer than those reached by the monitoring and sanctioning only, the Council initiated enactment of the Advertising Code – a self-regulatory act that is supposed to be adopted by the advertisement industry in Macedonia. It can be expected that this document, as well as the process of discussions during its enactment in general, will lead to all advertisement industry entities' arriving at much more uniform positions in terms of a number of important issues in advertising, among which those related to the advertisements' contents, from the point of view of presenting women.

The Council suggested for the Code to include provisions against the improper presentation of women in the commercials. In November, 2002, a panel discussion entitled: "Advertising Code, Self-regulation in the Sphere of Advertising" was organized in Skopje by the Broadcasting Council. Participants in it were representatives of advertisers, advertising agencies and media, then nongovernmental organizations who protect the consumers' rights, organizations for protection of women's rights, as well as expert in the field of advertising. The materials disseminated by the Council at the Panel Discussion included the Resolution on Discrimination of Women in Advertising, adopted by the European Parliament^[6].

Advertising, however, is not the only sphere where efforts should be made to improve the presentation of women. Interesting indicators resulted from the research, which was conducted during the parliamentary elections in 2002, by the Women's Election Press Center – Documentation and Information Unit. The results, published in March 2003, in the brochure "Elections 2002: Why just 18.3%?", also include those relating to the analysis of the presentation of women candidates for Parliament Members in the television programs. The sample of both periods researched covers the major informative programs on the three national television stations – the First Program of the Macedonian Television, A1 and Sitel.

In the first period, from August 26 to 30, subject to the analysis were the reports on election activities of the political entities, internal politics, culture, education and social affairs. During the ten hours of broadcast, the period of the first sample, women are presented as subjects for 34 minutes (5.7%), and mainly with minor roles. Namely, out of the total of 310 persons mentioned in the news programs, only 29 (9.3%) are women, and only 12 (3.9%) of them are quoted or presented. In the reports on the elections, on the other hand, there was only one presented woman candidate running for a Member of Parliament, who addressed the voters, although in the candidate lists there were 1099 women.

The sample from the second research period (September 6 – 9, 2002) lasts 2 hours and 12 min., as the analysis is focused on the reports relating to the elections (rallies, press-conferences, politicians' statements). The major presentations include 71 persons, of whom just 4 women. In the reports, 119 persons are mentioned, including only 9 women, while only one woman is presented while speaking and one is shown.

In both of the research periods, women are presented mainly in the audience, or at the stage, but far from the microphone to which some of the men – candidates for Member of Parliament are speaking.

It seems that the data on the number of women employed at the radio and television stations are interesting, too. The tables below, containing data on the years 2000 and 2001, can give a general impression about the representation of women among the electronic media employees. However, as Table 1 shows, in most of the cases, for both years, the data presented refer to different numbers of media. Therefore, in Table 2 comments are made only on the indicators pertaining to the same number of media covered.

TABLE 1. BROADCASTING COMMERCIAL ENTITIES INCLUDED IN THE RESEARCHES CONDUCTED IN 2000 AND 2001

Source – State Institute of Statistics

________________________________________________________________________________________

*employees working for both the radio and television sections of the broadcasting enterprises

Source – State Institute of Statistics

At the Public Enterprise Macedonian Radio-Television, where the total number of employees in 2001 is reduced by 2.5% in comparison with 2000, exceptionally low reduction of the employees' number in Radio and Television can be observed.

The percentage of women employed with the Macedonian Television in 2001 amounts to 37%, and it is almost unchanged in relation to 2000, when it was 36.6%. There is a similar situation with the Macedonian Radio, where in 2001 women represent 47% of the employees, while in 2000 the percentage was 48%. The percentage of women's presence among the employees of the Macedonian Radio-television is unchanged and amounts to about 43%.

As it can be observed, a characteristic of the public sector at national level is that women constitute less than half of the total number of employees.

In commercial broadcasting companies, that broadcast television programs at national level, there is a noticeable reduction of the total number of employees, which affects equally men and women. In both of the research years, women present about 30% of the private national television stations' employees.

In the printed media, on the other hand, there has not been sufficient research conducted so far. Some information on the presentation of women and the topics concerning them in the printed media can be obtained from the Global Media Monitoring Project - GMMP 2000, which was implemented in 70 countries on February 1, 2000. Below are the results obtained from GMMP 2000:

The sample of this research in the Republic of Macedonia consisted of a total of 48 journalists' articles, in five daily newspapers. The articles were related to several topics, where the category of Politics/Government was awarded to 11 articles, while 9 of them dealt with Labor topics. However, most of the stories belonged to the category Other. The distribution of articles by categories can be viewed in Table 3.

TABLE 3: NUMBER OF JOURNALISTS'

ARTICLES PER TOPIC (THE SITUATION

IN MACEDONIA)

Source - GMMP 2002

Thirteen authors of articles signed their texts. Twelve of them are women and 1 is a man. On the other hand, out of 111 subjects in the articles, 12 are women (11%), while 99 (89%) are men (Table 4). The data reveal that there are more women among the authors of the texts than men, although this should be considered in the context of the fact that no data are present on the gender of the remaining 35 texts. Unlike this, men are eight times more represented as subjects of the articles than women.

TABLE 4: GENDER BASED STRUCTURE OF JOURNALISTS AND SUBJECTS

IN THE ARTICLES

Source - GMMP 2002

The following table (Table 5) offers indicators of the "visibility" of subjects. It provides data on the number of subjects quoted in the stories – three (25%) of the women and 30 (30%) of the men. On the photographs accompanying the articles, 5 (12%) female and 16 (16%) make subjects appear. If the assessments are looked at, women are more present on the photographs, but the small number of women among subjects, results in a reverse proportion.

TABLE 5: GENDER BASED STRUCTURE OF QUOTED SUBJECTS AND OF SUBJECTS

PRESENTED ON PHOTOGRAPHS

Source - GMMP 2002

Also interesting are the data on gender distribution of the authors of texts by topics. The stories in the category of Politics/Government were written by one men and two women journalists. The text of one-woman journalist belongs to the category of Health/Education, while the articles of the remaining 9 are in the category of Other. Again, these are data, which are difficult to make a comment on, exactly due to the fact that there are 48 stories, and only 13 authors are known.

Data relating to the distribution of subjects by topics are given in the sixth table. Twelve female subjects belong to several categories, as follows: one in Art/Entertainment/Celebrities; one in Politics/Government and 10 in Other. The situation with men is as follows: two in Crime/Law, two in Economy/Business, 10 in Health/Education, 23 in Politics/Government and 62 in Other. There are interesting figures in the category Politics/Government, where the proportion women/men is 1 : 23. It is also noticeable that there are no women among the subjects of the categories Health/Education, Economy/Business and Crime/Law.

TABLE 6: SUBJECTS IN ARTICLES BY MAJOR TOPICS

Source - GMMP 2002

As regards the issue of the subjects' occupation/profession, data on women show that this information is unknown about two of them, three of them are politicians, four belong to the category of Government spokespersons, one is a celebrity, while two of them belong to the category of Other. Regarding the men, 49 are politicians, 12 are in the category of Government spokespersons, one is from Health/Education, three are in Business/Law and 34 in Other. It is interesting to note the score among the politicians: 3 women to 49 men (Table 7).

TABLE 7: OCCUPATION/PROFESSION OF SUBJECTS (GENDER BASED STRUCTURE)

Source - GMMP 2002

Three of the articles give the women a central role, but none of the authors of the former is known. However, it is a conspicuous fact that none of the 13 authors whose gender could be identified, had placed a woman as a central subject of their stories.

All this indicators reveal that even if women are more represented as article authors, they have minor presence in the journalists' texts as subjects, especially as central subjects of the stories.

b). In order to change the social and cultural traditions with regard to the men's and women's behavior, as well as to remove the stereotypes, the Government of the Republic of Macedonia continuously implements specific activities, in compliance with the National Action Plan for Gender Equality Promotion, adopted by the Government of the Republic of Macedonia in December 1999.

The activities implemented with a purpose of accomplishing the above mentioned goal, relate to the organization of educational seminars in cooperation with domestic and foreign nongovernmental organizations and experts, aiming at the promotion of the standards for equality between men and women, in the family and social surroundings as a whole. These seminars heave been held at a number of local communities, with the participation of target groups of various structures: political parties, local self-government, nongovernmental organizations, trade unions and media.

The National Action Plan foresees undertaking of various activities especially with respect to women and education, and it stresses that education is women's human right and an important instrument in achieving equality. The following are underlined as priorities to be implemented in the coming period: uprooting of illiteracy among women, covering as many children as possible with the preschool education institutions' curricula, elimination of female students' abandoning the final classes of primary education, inclusion of as many female students from rural areas as possible into the secondary education, especially from the population of female students belonging to the Albanian and Roma communities, as well as emancipation of the curricula, textbooks and other aids from the gender based prejudices and elimination of the evident sexism from their contents.

Article 2 of the Family Law defines the family as community consisting of parents and children and other relatives, if they live in a common household. The Republic of Macedonia provides special protection to the family, motherhood, children, minors, parentless children and children deprived of parental care.

In exercising the right to free and responsible parenthood, parents are obliged to provide optimum conditions for healthy growth and development to their children, in the family and in society.

The relations between marriage partners are based on a free decision made by a man and a woman to conclude a marriage, on their equality, mutual respect and help for each other.

Both parents have equal rights and duties with regard to their children (parental right). Pursuant to Article 8 of the Family Law, the relations between parents and children are based on the rights and duties of the parents to care for the upbringing, protection and upbringing and education of their children and to develop their working capabilities and habits. The parental right is exercised by the parents, in accordance with the children's needs and interests and the interests of the social community.

Taking into consideration that motherhood as a social function and the recognition of joint responsibility of women and men in the children's upbringing and development present a basis for further upgrading of the principles of equality between men and women, the Unit for Promotion of Equality between Genders of the Ministry of Labor and Social Policy takes part in the reforms of the social protection that are in progress, in order to contribute to the revision and incorporation of the gender equality concept into the texts of the legal solutions which will thereafter, through further education or explanation, have to be implemented in practice. This especially refers to the part relating to the family, where disruption of the systems of values can be sensed, which influences the inappropriate attitude of children towards their parents and vice versa, especially with regard to female children.

ARTICLE 6: PREVENTION OF WOMEN'S EXPLOITATION

Member states undertake all appropriate measures, including the legislative ones, to prevent all kinds of trafficking in women, as well as to uproot women's prostitution.

a). TRAFFICKING IN HUMAN BEINGS

The conditions and problems caused by the illegal migration and trafficking in human beings in the RM escalated in the mid 90-s, with the onset of the processes in the political and economic systems of the newly established sovereign states of the eastern block. The majority of the population was confronted with the changes of ownership rights, standard of living decline, unemployment, which led to part of the citizens' trying to provide future existence through migrating to the Western European or other countries, which were thought to be able to ensure better earnings. In this respect, conditions were created where organized criminal groups found a variety of ways to illegally transfer people to the desired destinations, which was a very profitable business.

This phenomenon, in much smaller proportion though, was present in the previous period too, but then the RM most often was a transit territory for other Western European countries. However, tightening of the policy for Eastern European countries' citizens entering the European Union member states, along with the presence of a number of foreign military, as constituent parts of UNPREDEP, UNPROFOR, KFOR, and other foreign missions, made the RM both a territory across which people were illegally transferred and a territory of final destination for certain groups of immigrants, as well as for persons – victims of human trafficking.

Illegal migration and trafficking in human beings are interrelated, mainly due to the fact that persons organizing illegal transfers are simultaneously involved in "white slave" trafficking.

Subjects to human trafficking in the RM are primarily young girls and women, coming from the countries that used to belong to the former socialist block of countries in Southeastern Europe (Moldova, Ukraine, Bulgaria, etc.), where the initial "recruitment" and selection of the persons – victims of "white slave" trafficking is conducted, while in the RM they are "hired" at catering facilities.

Trafficking in human beings in the Republic of Macedonia has a single purpose of hiring girls as labor at various catering facilities (night bars, clubs, cafes and alike), where they work as waitresses, escort ladies, with the ultimate goal being their abuse for prostitution.

This scheme is very well elaborated by the owners of the abovementioned clubs, which know each other and communicate independently of the place in which they work. Furthermore, the owners of these clubs, due to the great number of girls very often place them in rooms which do not offer a minimum of living conditions or a minimum of hygiene maintenance.

On December 12, 2000 the Republic of Macedonia signed the UN Convention against Transnational Organized Crime (the so called Palermo Convention) with the Protocol for Prevention of Human Trafficking, Especially of Women and Children, and the Protocol for Prevention of Migrants Smuggling by Air and Sea which has confirmed the Government’s determination and readiness for prevention and elimination of the increasing forms of transnational organized crime through strengthening of the international cooperation and the rule of law.

After signing the Convention and the Protocols, and in order to intensify the ratification process, an overall analysis of the compatibility of the provisions from the Convention with the legislation in the Republic of Macedonia has been conducted.

In cooperation with the United Nations Center for International Crime Prevention from Vienna, in June 2003 a work meeting was held in Skopje under the title of: “Pre-ratification Analysis of the UN Convention for Prevention of Trans-national Organized Crime and of the Protocols”.

Representatives from relevant Ministries, judges, public prosecutors and international experts have worked out the provisions of the Convention by identifying the areas in the national legislation which have to be harmonized with the provisions of the Convention and the Protocols. The immediate result of the meeting held was the publication entitled: “The United Nations Convention against Trans-national Organized Crime with the Protocols”, whereas the conclusions and recommendations from this publication will be a direct contribution to the final shaping of the criminal legislation directed towards the implementation and creation of appropriate institutional structure for direct application of the Convention.

Considering the fact that the Palermo Convention underlines the need for a mutual, consistent and effective legal framework as an essential prerequisite for the implementation of the instruments planned, and within the frames of the overall transformation of the legal system in the Republic of Macedonia, a reform of the criminal legislation is being conducted. Accordingly, in February 2002, within the framework of the reform, and in accordance with the provisions of the Palermo Convention, Article 418-a of the Criminal Code, the offence of “human trafficking” was introduced, and it states that:

(1) Any person who by serious threat or use of force or by other means of force, abduction, deceit, entice, or abuse of one’s own power or abuse of other’s vulnerability, or for giving or accepting payment or benefits to achieve consent of a person that controls another person who recruits, transports, traffics, buys, sells, conceals or accepts others in order to use them in prostitution or in other forms of sexual abuse, forced labor or service, slavery or activities similar to slavery or extraction of organs, shall be punished with imprisonment of at least 4 years.

(2) Any person who recruits, transports, traffics, buys, sells, conceals or accepts children or juveniles for exploitation as stipulated in paragraph 1, shall be punished with a penalty of at least 5 years imprisonment.

(3) Any person who organizes the criminal acts stated in paragraph 1 and 2, shall be punished with a penalty of at least 5 years imprisonment.

(4) Any person who takes away or destroys another person’s personal ID, passport or other identification document in order to perform the acts stipulated in article 1 and 2, shall be punished with a penalty of 6 months to 5 years imprisonment.

(5) Any person who uses or provides sexual services to another person knowing this person to be a victim of human trafficking, shall be punished with a penalty of 6 months to 5 years imprisonment.

(6) Providing the offence stated in article 5 is performed upon a child or a juvenile, the offender shall be punished with a penalty of at least 4 years imprisonment.

Further on, within the frame of the intensive activities of the expert working groups for amending and supplementing the Criminal Code and the Criminal Procedure Code, and aiming at the building a legal framework for more efficient prevention and elimination of the acts related to organized crime, the provisions of the Palermo Convention and the Protocols are incorporated in the following areas: Criminal responsibility of legal entities; Confiscation of property and international cooperation for use of property confiscation; Incrimination of migrant smuggling; Amendment for change of Article 17 of the Constitution of the Republic of Macedonia , which will enable the use of special investigation techniques pursuant to Article 18 from the Palermo Convention entitled “Witness Protection and Promotion of International Legal Cooperation”.

At the same time, parallel with the finalization of these legislative activities, all procedures for the ratification of the Convention and the Protocols are finalized. Thus, this legally binding instrument of the United Nations, in accordance with the Constitution of the Republic of Macedonia, will become an integral part of the legal system and will be an important contribution to the efforts for prevention and elimination of this type of criminal activity.

The adoption of the proposed laws will contribute to the fulfillment of the obligations in the part of the Stabilization and Association Agreement which the Republic of Macedonia has signed with the European Union and with the member states of the EU and which refers to the area of justice and internal affairs.

Simultaneously with these activities, in 2001 the Government of the Republic of Macedonia adopted a Decision for the Establishment of a National Commission for a Fight against Human Trafficking and Illegal Migration in the Republic of Macedonia, with primary authority to coordinate the activities of the authorized institutions for prevention of and fight against human trafficking as well as following and analyses of the situation in this area.

The Commission adopted National Working Program which contains legislative and preventive activities, activities for help, support, returning and re-integration of the victims of human trafficking, international cooperation, coordination and staff education /training.

Furthermore, it should be pointed out that the criminal act “establishment of a slavery relation and transport of people in slavery relation” (Article 418) sanctions the criminal activities related to holding people in slavery or any similar relation for which a penalty of one to ten years imprisonment is prescribed. The transport of people in slavery relation from one country to another is also incriminated.

At the same time, the criminal acts “illegal border-crossing” (Article 402 paragraph 2), “mediation in prostitution” (Article 191), and “coercion to provide sexual activities” (Article 192) with their incrimination and qualification forms for juveniles and children are also very sensitive criminal acts in relation to the authorizations of the Ministry of Internal Affairs. The Ministry of Internal Affairs of the Republic of Macedonia undertakes intensive, organized and coordinated measures and activities for detection of the persons who have committed these types of criminal activities (criminal groups or networks, the internal structure, the international connection, the channels for illegal border-crossing of persons, objects etc.)

In September 2002, the Ministry of Internal Affairs in coordination with SECI (Regional Center of South Eastern Europe for Prevention of Border Crime), participated in the regional operative action “MIRAZ” for prevention of the illegal migration and human trafficking which involves 10 member states of SECI and two monitor countries. Based on the information obtained from this operative action, many foreign female citizens are identified as victims of human trafficking. Beginning from these efforts and planned priorities for fight against organized crime and corruption, prevention of human trafficking and forced prostitution, the Ministry of Internal Affairs particularly intensified its activities at the end of 2002 and the beginning of 2003.

In relation with these issues, the Ministry cooperates both with the relevant court and state institutions and with other institutions on national and international level. Namely, many activities are carried out and a cooperation with the International Organization for Migration- IOM is established with direct involvement in the process of returning the victims of human trafficking, then with the OSCE mission in Skopje and with NGOs within the Association of Women in Macedonia as well as with other organizations and initiatives with the purpose of identification, appropriate care, returning and reintegration of the victims of human trafficking, especially of the risk (vulnerable) groups such as women and children. The cooperation with IOM, which is most intensive is mainly carried out through assistance related to the return of foreign citizens detected while illegally entering, exiting or residing in the Republic of Macedonia as well as through the opening of the “Transit center for foreigners” by the Ministry, a center that started functioning in March 2001.

The cooperation between the Government of the Republic of Macedonia and IOM is otherwise conducted on the basis of a Memorandum of Understanding (“Official Gazette of the Republic of Macedonia No.55 from 20.07.2001) in which the objectives for the conclusion of this Memorandum, the privileges and the immunity of this organization as well as other issues relevant to the mutual cooperation are worked out. The cooperation for mutual activities with SECI (Regional Center of South-Eastern Europe for the Prevention of Border Crime), with the European Union, with the UN as well as the cooperation with the police departments of Bulgaria, Moldova, Ukraine, and Serbia and Montenegro for the undertaking of mutual measures is at a high level.

The National Program of the Republic of Macedonia related to the Combat against Human Trafficking and Illegal Migration involves activities for separate and coordinated actions of all subjects authorized for the elimination of human trafficking at national level, as well as for providing conditions for international cooperation and coordination of the prosecution of the perpetrators of criminal offences in this area. It involves the following specific activities that relate to the international cooperation: the conclusion of extradition agreements (bilateral and multilateral) with the countries where the human trafficking is taking place; furthermore, the improvement of the cooperation and communication between the public prosecutor’s offices, police departments and other relevant services, exchange of information and data concerning the criminal groups and individuals for more efficient criminal prosecution. For this purpose, the Ministry of Internal Affairs and the Ministry of Finance - Customs Administration signed a Memorandum of Understanding in July 2000 on the basis of which the cooperation between the above-mentioned state organs in relation to the elimination of human trafficking is specified. In the future, the measures and activities for identification of the perpetrators, environments and the channels through which this kind of organized crime is carried out will be also intensified, supplemented and expanded, especially in cooperation with the SECI initiative, OSCE, IOM and UN as well as with the non-governmental organizations that are active in this field. The activities will be directed towards a more restrictive regime of sanctioning of the illegal crossings, towards a cooperation between the police departments and public prosecutor offices of all the countries of South-Eastern Europe, towards a greater media campaign on the part of the non-governmental organizations, towards the definition of conditions under which the night clubs and bars can function as well as towards an intensified control of the above mentioned and towards a change in the existing legislation that would permit application of operative technique and of certain investigating methods for operative means as well as gathering and presentation of evidence in the court procedure.

In the following table, data for the criminal and offence prosecution related to prostitution and human trafficking in the period of 1991 to 2002 is presented:

Source: Ministry of Internal Affairs - Analytical and Research Department

Source: Ministry of Internal Affairs - Analytical and Research Department

b) Prostitution

Prostitution as a relation of selling of the woman’s body for sexual abuse or other sexual activity is not stipulated as an illegal activity in the Criminal Code of the Republic of Macedonia. The penalty area refers to activities, which can be mutually referred to as mediation, or generally speaking, as provision and inducement to prostitution. Namely, Article 191 of the Criminal Code of the Republic of Macedonia stipulates the mediation in prostitution as offence:

“(1) Any person that recruits, induces, impels or entices other people to prostitution or that in any way participates in delivering a person to other person for the means of prostitution is to be punished with six months to five years imprisonment.

(2) Any person that for financial means provides use of sexual services to another person is to be punished with fine or with imprisonment up to one year.

(3) Any person that for financial means by coercion or by serious threat of force compels or by deceit induces another person to giving sexual services is to be punished with six months to five years imprisonment.

(4) If the act stipulated in paragraphs 1, 2 and 3 is committed on a juvenile person, the offender is to be punished with imprisonment of six months to five years.

(5) If the act stipulated in paragraphs 1, 2 and 3 is committed on child, the offender is to be punished with imprisonment of one to five years.

(6) Any person that organizes the performance of the acts stipulated in paragraphs 1 to 5, is to be punished with imprisonment of one to ten years.”

The illegal acts which consist of recruiting, inducement, impelling or enticing persons to prostitution tend to place under criminal act every activity or participation in the transfer of one person to another for prostitution. Besides the basic form of paragraph 1, in the following paragraphs of the abovementioned act, heavier and minor acts are graded, and this is done according to the type and contribution to the mediation in prostitution, the motive as well as provisions in case the object of the criminal act is juvenile or a child. The organized criminal act is subject to a most severe punishment. According to the statistical data received from the State Institute of Statistics of the Republic of Macedonia, the following number of people have been convicted in the period from 1998 to 2002 for violation of the provisions of the Criminal Code of the Republic of Macedonia which refer to sexual freedom and sexual morality: in 1998- 1 woman and 47 men; in 1999 – 51 men and no women; in 2000 – 2 women and 52 men; and in 2001 - 2 women and 50 men.

(For more detailed information see the Appendix Concerning the Administration of Justice from the Annex to the Data Received from the State Institute of Statistics of the Republic of Macedonia).

In this chapter, among other things, the presentation of child pornography materials is also sanctioned (Article 193) with the purpose of eliminating the presentation of child pornographic materials. The presentation of pornographic materials, according to the provision, is penalized when such material is sold, presented or in any other way made available to a child. According to the provision, as pornography materials are considered the following: photographs, audiovisual or other items with pornographic content. The abuse of a juvenile person for making pornography materials is also penalized.

Chapter 19 of the Criminal Code of the Republic of Macedonia sanctions the following criminal offences: rape (Article 186), sexual intercourse with a helpless person (Article 187), child molestation (Article 188), sexual intercourse by abusing one’s position (Article 189), satisfying one’s sexual desires in the presence of another person (Article 190), solicitation and provision of sexual activities (Article 192) and incest (Article 194).

Article 189 of the Criminal Code incriminates the sexual intercourse by abusing one’s position:

(1) Any person who by abuse of one’s position forces a sexual intercourse or other sexual activity on another person who is in relation of subjugation or dependence towards the former, is to be punished with three months to three years imprisonment.

(2) Any teacher, guardian, adoptive parent, step father/ mother, doctor or other person who by abuse of one’s position enforces a sexual intercourse or other sexual activity on a juvenile person older then 14 and that was entrusted to the former for studying, teaching, guardianship or care, is to be punished with one to five years imprisonment.

This offence constitutes a legal base for protection against a sexual intercourse or other sexual activity enforced by person in superior position on a person in a dependant position.

In reference to prostitution, women’s heterosexual prostitution as a type of public and individual street prostitution is also spread. This type of prostitution is determined as a low level prostitution, which primarily exists in the bigger cities and has the characteristics of urban prostitution. Women normally engage in prostitution individually, but almost each of them have “pimps” that under the cover of lovers or protectors act mercilessly and take the greater part of the earnings.

c) Illegal trade and abuse of illicit drugs

The constant increase of illegal production, trade and abuse of illicit drugs bears dangers that gradually ruin the economy and the bases of society and it represents a threat to the political stability and sovereignty of the state, seriously endangering the health of the citizens, especially of the younger generations.

Due to the increasing trend of the illegal trade and abuse of drugs in the last several years, the Republic of Macedonia makes efforts to prevent this social phenomenon in an organized way and with number of planned measures and activities.

As a result of the undertaken measures and activities, in the period from 1999 to 2002, 1078 offences for “illegal production of and trade in illicit drugs, psychotropic substances and precursors” were detected in accordance with Article 215 of the Criminal Code of the Republic of Macedonia and a total number of 1576 offenders were registered. Further on, 277 offences for “provision and use of illicit drugs and psychotropic substances” were detected in accordance with Article 216 of the Criminal Code of the Republic of Macedonia, and consequently, 304 offenders were registered. From the total number of registered offenders – 125 are juveniles. The majority of persons registered for this crime are men, and only 3%, i.e. 58 are women.

The presence of drugs in the Republic of Macedonia influences also the increase of the number of drug users, so that the Ministry of Internal Affairs has registered 5222 drug users. From the total number of registered persons - 4489 are men, and 733 are women, i.e. 16.4%. From the registered women drug users, 457 are registered in Skopje, 76 in Kumanovo, 37 in Bitola, 31 in Prilep etc.

In 2002 a total number of 552 requests for initiation of a legal procedure were submitted in accordance with Article 23, which refers to “the use of narcotic drugs” from the Misdemeanor Law against 564 persons- drug addicts, of which only 36 were women. In 1999 from a total of 722 persons- drug addicts, 54 were women; in 2000 from a total of 742 persons – drug addicts, 46 were women whereas in 2001 from a total of 498 persons- 34 were women.

Women start using drugs for various reasons, mainly because of break-ups of emotional relationships, communication with a partner–drug addict, family problems, problems at school or a desire for self-assertion. Women-addicts get drugs through males, since drug dealers do not believe women would keep “silent”. Women-addicts point out that they can very easily quit taking drugs.

ARTICLE 7: POLITICAL AND PUBLIC LIFE

The member states shall undertake all necessary measures for the elimination the of discrimination against women in the political and public life of the country and they shall provide, under equal conditions as for men, the right of women:

a) to vote in all elections and public referendums, and to be elected in all bodies which are being elected by public elections;

b) to participate in the creation and implementation of governmental politics, to take leadership positions and to perform all public functions on all governmental levels;

c) to participate in the work of non-governmental organizations and associations which are active in the public and political life in the country.

The marginal participation of women in the sphere of decision-making and public life in the Republic of Macedonia does not differ considerably from the situation in the other countries in the region. Furthermore, the need and the trend for a greater involvement of women in the political processes is similar to, and has the same determinants and characteristics as that of all transition countries in Central and Eastern Europe. In this sense, the changes in the political and socio-economic system imposed the need for improvement of the women’s status in the new social trends, most of all, by encouraging their participation in the decision-making spheres. Undoubtedly, this unsatisfactory situation is the basis for the engagement of the international community, within the frame of the Stability Pact for South Eastern Europe directed towards the participation of women in decision-making process.

Having made this point, and taking into consideration the fact that the legal gender equality is an accomplishment achieved in decades and a constitutional category, special emphasis is put on the promotion of real equality between genders in the society. In this sense, the participation in the decision-making sphere, as a most critical sphere in relation to the gender equality, is the key area of action.

The experience gained so far in conditions of parliamentary democracy has definitively proven that political pluralism in itself cannot increase the participation of women in politics, and consequently, in higher decision-making bodies. In this context, we should always keep in mind the fact that insufficient participation of women in politics is a complex social phenomenon. It is simultaneously determined by the socio-economic parameters in the society, but also by the traditional values and gender roles. When the socio-economic parameters have a negative trend, the traditional society, and with it, the traditional role of women are particularly emphasized. The Republic of Macedonia is an example that illustrates the foregoing. However, although democracy cannot instantly change the position of women in the society, it is certainly the unique equilibrium, which establishes a real promotion of the rights of women in this sphere.

PARTICIPATION IN THE JUDICIARY BRANCH OF POWER

The normative basis which determines the political rights of the citizens of the Republic of Macedonia is stipulated in Article 2 of the Constitution, according to which: “The sovereignty of the Republic of Macedonia derives from the citizens and belongs to the citizens, and they practice the authority through democratically elected representatives, through a referendum, or through other forms of direct expression of their free will”. Besides this, one of the fundamental values of the constitutional system of the Republic of Macedonia are the political pluralism and the free, direct and democratic elections (Article 8, paragraph 2, line 5 from the Constitution of the Republic of Macedonia).

The citizens of the Republic of Macedonia realize the indirect participation in the public activities through election of members of the Parliament of the Republic of Macedonia, as well as through election of mayors and council members of the units of the local self-government.

The voting right of the citizens is guaranteed in Article 22 of the Constitution the Republic of Macedonia, according to which: “Every citizen of 18 years of age acquires the right to vote which is equal for all, common and direct, and is realized on free elections through secret ballot”. The only restriction to the acquisition and exercising of this right is for persons who are deprived of their legal capacity, which is justified by the fact that these persons cannot freely express their will.

Article 23 of the Constitution guarantees the possibility of every citizen to participate in the performance of public functions. These functions refer to the functions in the legislative, the executive and judicial branch of power. The citizens can exercise this right without restraints and in any form of public function, which means that every function is available to every citizen without any kind of discrimination.

From the above-mentioned norms and in accordance with the fundamental principle of non-discrimination, it is evident that women in the Republic of Macedonia are equal in their rights to men in terms of participation in the political life, without any form of discrimination. However, the legal equality is not sufficient to ensure a significant political articulation of women. The following facts confirm this statement.

After the parliamentary elections in 1990 the number of women in Parliament was the symbolic 5, from the total number of 120 members in the unicameral Parliament of the Republic of Macedonia. The number of women that won a parliamentary mandate in the 1994 elections was 4, while in 1998 this number was increased to 9, out of the total number of 120 members of parliament. In the last elections, held in 2002, from total number of 120 MPs, 21 were women. This number of women in the Parliament is still far from the satisfactory level. Therefore, the decisive role of women in Parliament in the decision-making process cannot yet be expected.

The data show that the basic reason for such a small number of women MPs is their marginal representation on the lists of candidates.

Namely, in the parliamentary elections held in 1990 according to the majority model there were 5 women MPs out of the total 120 whereas in the 1994 elections, which were also conducted according to the majority model, there were only 4 women MPs out of the total 120. The 1998 parliamentary elections were conducted according to the mixed model, i.e. both the majority and the proportional electoral model were represented. The data point to the fact that in these elections conducted according to the majority model there were only 53 women out of the nominated 614 candidates whereas the situation is somewhat better on the proportional lists of the political parties, i.e. there are 99 women out of the nominated 595 candidates.

The foregoing information leads to the conclusion that the number of nominated women is greatest on the proportional lists of the parties. According to the theory and the experiences of the other parliamentary democracies, one of the prerequisites for the increase of the number of women in Parliament is the adjustment of the electoral laws in favor of the proportional electoral model. The majority electoral system did not prove to be efficient in terms of the representation of women in the legislative power not only in Macedonia, but also in other countries. Comparatively, the proportional electoral model is more efficient in the creation of the proportional lists of the political parties from the aspect of gender equality. Still, the choice of the electoral model is determined by several factors which cannot be neglected, the need for equal gender representation being just one of them.

In this sense the data point to the fact that the number of women candidates on the majority lists is smaller, primarily due to the traditional attitude which says that a man candidate has greater chances to win. On the other hand, there is the phenomenon of nominating a greater number of women candidates on the proportional lists, but only a marginal number of them occupy the top of the party lists. Therefore, it s more than clear that the combined electoral model, a mixture of a majority and a proportional way of electing MPs, and even more so the pure proportional electoral model contribute to the increase of women on the party election lists (especially on the proportional ones). But, as pointed out above, the system itself cannot be abstractly efficient in the absence of an active party policy when it comes to gender equality.

In this sphere changes in the electoral laws have been made in the course of 2002 to ensure improvement of the position of women. Besides the fact that the pure proportional electoral system has been introduced according to which candidates are nominated for election by a submission of a candidates’ list according to which the last parliamentary elections in the course of the same year have been carried out, Article 37 of the Law for Election of Members of the Parliament of the Republic of Macedonia provides a legal obligation which requires a minimum of 30% representation of either gender on the lists of candidates.

For the purposes of promotion of gender equality in this sphere, one should stress the need for formation of a special parliamentary committee for gender equality, which would comprise of MPs and experts. Thus, the issue of gender equality would be institutionalized on a parliamentary level. The role of this committee would be to analyze the proposed legal solutions from the aspect of gender equality and, in this sense, to influence their content. This proposal is a part of the National Action Plan.

PARTICIPATION IN THE EXECUTIVE BRANCH AND PUBLIC ADMINISTRATION

The situation in the executive branch also has a negative trend. The number of women members of the Cabinet in all governments until the present day has never exceeded the number of 3 women out of 20 or 27 Cabinet members. Within the current coalition government Cabinet there are only 2 women out of 18, one of which is a Deputy Prime Minister whereas the other is a minister.

Taking into consideration the fact that comparatively speaking women in the Republic of Macedonia are considerably well educated, they make up the majority of the workforce in public administration.

According to the data from the Civil Servants Agency (Central Register), which are still being systematized, there are 3834 women civil servants out of the total number of 7500 ( the employees of the Parliament of the Republic of Macedonia, the Ministry of Internal Affairs, the Ministry of Economy and some trial courts throughout the Republic excluded). There are 447 women that hold public management positions, i.e. 44%, out of the number of 1014 civil servants, which hold management positions.

The data from the Civil Servants Agency of the Republic of Macedonia collected to date, shows that the number of women holding management positions is proportionate to that of men holding management positions. But the data does not show the relation of men holding management positions and women holding management positions in the institutions of the public administration separately, as well as the arrangement of women managers on different levels in the public administration that bear (or not) a position of power. This is a clear indicator that although women make up more than half of the institutions that represent power in society, they work in lower-rank positions and have by and large a status of officers, whereas the number of women holding decision-making positions is very small.

According to the data received from the Government of the Republic of Macedonia, in the General Secretariat as a technical service within the government of the Republic of Macedonia, there are a total of 107 civil servants, out of which 70 are women. Out of these 70 there are 32 women civil servants that hold management positions. At the same time, in the organs of public administration (ministries, independent organs of the public service management, administrative bodies there are 8 women officials appointed by the Government of the Republic of Macedonia.

According to the data received from the Parliament of the Republic of Macedonia out of the total number of the civil servants employed in the Parliament, 113 are women, 32 out of which hold management positions.

This is data received from the conducted analysis of the structure of employees in the Ministry of Internal Affairs:

- In 1998 women are represented with 15.06 % in the total number of employees in the Ministry of Internal Affairs.

A smaller representation of women in the police, i.e. in the uniformed sector in the Ministry, so their proportional participation compared to the total number of employees in the Ministry is 2.6%, or 17.2% out of the total number of women employed in the Ministry in the course of 1998.

As opposed to the already mentioned situation in the police, women are better represented in the other organizational units of the Ministry, i.e. 12.47% out of the total number of employees in the Ministry of Internal Affairs or 82.8% out of the total number of women in the Ministry.

- In 1999 there was evidently a mild increase in the number of women employed in the Ministry of Internal Affairs, so their representation was 16.32%. The percentage of women in jobs in the police was 2.62% out of the total number of employees in the Ministry of Internal Affairs, i.e. 16.04% out of the total number of women in the Ministry.

Also in 1999 women are far better represented on work places in the other organizational units in the Ministry with 13.7% out of the total number of employees in it, i.e. 83.95% out of the total number of women employed in this Ministry.

- In 2000 women are represented with 16.61% out of the total number of employees in the Ministry. Out of a total number of employed in the Ministry of Internal Affairs women were represented with 3.2% in the police, i.e. 19.31% out of the total number of women employed in the Ministry.

Far greater is the number of women employed in the positions outside of the police and their number in 2000 is 13.4% out of the total number of employed in the Ministry, or 80.68% out of the total number of women in it.

- Compared to the previous years in 2001 a decrease of the number of women in the Ministry of Internal Affairs is noted so that in the total number of employed in the Ministry women are represented with 15.76%.

In positions in the police the number of women in 2001 was 3.54% out of the total number of employed in the Ministry, i.e. 22.46% out of the total number of women employed in it whereas in the other organizational units women are represented with 12.22% of the total number of employed in the Ministry, i.e. 77.53% of the total number of women in it.

- In 2002 women are represented with 15.91 % out of the total number of employed in the Ministry of Internal Affairs. 4.1% of the total number of employees in the Ministry of Internal Affairs, i.e. 25.7% of the total number of employed women in it were in the police. In positions outside of the police their number was 11.81% out of the total number of employed, i.e. 74.27% of the total number of women in the Ministry.

According to the current situation in the Ministry for Internal Affairs only 40 women hold management positions both in the civil and in the uniform department and they contribute greatly to the reform in the police and participate actively in the increase of the Ministry’s authority as a whole.

In order to improve this situation, the government has planned the following priority activities within the National Action Plan and is still working on their fulfillment:

- treatment of gender equality as a priority in the government program;

- determining the complete statistical picture of the situation from aspect of gender representation;

- periodical information about the improved or worsened gender balance in the sphere of politics;

- training of the government personnel for the implementation of a policy for gender equality;

- provision of domestic and international means for support of projects directed toward institutional strengthening and strengthening in terms of contents of the national machinery for gender equality;

- introducing a practice of monitoring of the governmental institutions;

- implementation of a policy for gender balance when nominating candidates in the bodies of the United Nations, the Council of Europe and DMO;

- provision of gender equality in appointing ambassadors and other functions abroad;

At the same time the following activities have been planned, among other things, for the improvement of women’s status in this area:

- appointing a minister without portfolio to deal with these issues;

- normative and precise determination of the status, functions, structure and relations with the governmental and nongovernmental sector of the National Committee for Gender Equality as a permanent body;

- provision of gender balance of the ministerial functions and the officials that are appointed by the government;

- promotion of a system of recruiting of civil servants according to their knowledge, expertise and capabilities;

- support and conducting research about the effects of gender (in)equality on the process of political decision-making;

The concrete statistical data about the parliamentary elections in 2002 is given in the Annex for statistical data that can be found at the end of this Report.

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PARTICIPATION IN LOCAL SELF-GOVERNMENT

There is a frequently expressed prevailing opinion that the local self-government is the first and true level, which allows for an easier engagement of women in decision-making. Experiences from a number of western European countries show that distinguished women politicians have made their first steps in politics and joined power structures precisely at a local level. Surely from the perspective of the need for a balance between the socio-biological functions of women and their engagement in politics, the local level entry is more acceptable for women. The fundamental reasons for that are the closeness to the place of residence, stronger presence in their homes and better opportunities for a successful engagement due to a sound knowledge of issues of local interest. Nevertheless, the above notwithstanding, the party policy as regards the definition of the lists of candidates is still the deciding factor in the elections. Sadly though, such policy in the Republic of Macedonia is still, even at a local level, clearly determined by the traditional attitudes towards gender roles.

In this context it is important to note that the local elections held in 2000 required votes for lists of parties, rather than candidates, and the assumption was that the vote would have a positive impact in terms of the increase in the number of women nominated on the party lists. Also, the expectations were that women would be put closer to the top of the list . To that end, the Union of Organizations of Women in Macedonia organized a campaign during the elections with the slogan “51%:, though unfortunately the campaign was by and large defined by the partisan positions. It was another proof that the sound positioning of women within respective political parties was a prerequisite for winning high positions in the decision making political bodies in the country.

Under the existing territorial organization, there are 123 municipalities in Macedonia compared to the 34, which existed until 1995. The increase in the number of municipalities, however, did not produce any changes in terms of the gender structure of the mayors of the new municipalities. Consequently, after the second local elections held in 1996, not a single women was elected as mayor. Also, it should be noted that the number of women councilors is significantly lower than that of their male colleagues. So, after the first local elections held in 1990, only 4 of the total of 70 local council members of the City of Skopje were women, while of the total of 1510 elected councilors of all municipalities only 74 were women. At the next local elections held in 1996, there was not a single women mayor, while of the total of 1884 councilors only 105 were women. The last local elections were held in 2000, when 3 of the total 123 elected mayors were women, while 161 of the total of 1906 councilors were women.

Increased number of women on party lists is of paramount importance for both the general as well as the local elections, and when it comes to the proportional model, they should occupy the top of the list.

To that end, in 2000, for the third local elections, the Gender Equality Unit at the Ministry of Labor and Social Policy, the organizations of women and the women’s forums at political parties undertook a series of activities to ensure a higher number of women in decision-making, on this occasion, at a local level. As a result of the initiative put forward by the task force on gender equality under the Stability Pact, and in line with the slogan of the said task force, the “Women’s Lobby” was set up in the Republic of Macedonia, as a broad forum to unite women in the execution of a project aimed at promoting their position with a special emphasis on lobbying within political parties for a full implementation of the policy of gender equality in the definition of candidate lists for the local elections. Concurrent to that, several activities were undertaken aimed at the change of traditional views as to the gender roles, as well as launch of relevant initiatives for legislative changes of provisions, which impose constraints on the increase in the number of women in politics.

Specific statistical data on 2000 local elections are presented in the Annex at the end of the report.

POLITICAL PARTIES AND GENDER EQUALITY

The non-discrimination principle set forth in the Constitution is fully embodied in the election programs and platforms of all political parties in Macedonia. Nevertheless, it is obvious that equality between genders is at a lower level of priorities of political parties. Though in their political programs they advocate for the improvement of the status of women in the society, it is still only declarative, given the facts already stated as regards the general and local elections. It is crystal clear that without a stronger participation of women in decision making it is impossible to expect any improvements in their social status. In this context, the political parties should play the primary role in terms of promotion of women in politics.

Putting more women on the lists of candidates to a great extent depends on the position of women members in the bodies of political parties, and the number of women is still small. Sadly though, political parties in Macedonia do not apply positive action measures in terms of women candidates and they are still not ready to accept quotas for improvement of women in their respective decision making bodies.

In recent years there have been forums of women functioning within political parties. This is a reflection of the tendency of women members to articulate their demands and interests. Nevertheless, the said forums do not play a key role in terms of decision making on gender equality. It is obvious that without an active attitude of political parties in terms of promotion of gender equality, as one of the fundamental democratic principles, gender equality will remain only an item in the election programs and platforms. Active policy manifested by the party political bodies along with well organized activities of the women members will contribute to the increase in the number of women in decision making, which in turn will create conditions conducive to promoting the status of women in the society.

The National Action Plan envisages the following activities of political parties to improve the position of women in decision-making structures, of which only one has been accomplished:

- treatment of gender equality as a priority objective;

- participation of increasing number of women in the highest bodies of their respective parties;

- democratic nomination process (instead of a patron-model of nomination, monopolized by the party heads which promote the red tape model,) in which membership should play an active role;

- introduction of quotas (achieved);

- change of party conventions from ceremonial to electoral;

- more women candidates in general elections and at the top of the lists of candidates;

- encouraging and nurturing women leaders

We are presenting the following data that concern women’s organization within the political parties which come from the information received from the political parties as well as from the National project “Women can do it, II” which was conducted in 2001-2002

1. The Socialist Party of the Republic of Macedonia – SPM:

30% of the party members are women and there is also a “Women’s Club” as a form of women’s organization on a national level and in the bigger municipal organizations of the party.

2. The Liberal Party – LP:

46.2% of the party members are women and there is also “LIPAZ” as a form of women’s organization on a national and local level with special organizational network and legal frame;

3. The Party for Democratic Prosperity – PDP:

there is no gender statistics although there are women’s bodies in two municipal party organizations;

4. VMRO - DPMNE has not given any data that concern the number and the form of women’s organization in the party;

5. VMRO Makedonska:

53.3% of the party members are women and there is also a “Women’s Group” as a form of women’s organization;

6. The Liberal – Democratic Party - LDP:

34,5% of the part members are women and there is also a “Women’s Forum” as a form of women’s organization;

7. The Albanian Democratic Party – DPA:

there is no gender statistics although the party has formed one women’s organization on a local level;

8. Democratic Alliance of the Albanians in Macedonia – DAAM:

20% of the party members are women and there is also a “Women’s Forum” as a form of women’s organization;

9. The Social-Democratic Union of Macedonia – SDSM:

38% of the party members are women and there are also Women’s Clubs as a form of women’s organization;

10. The United Party of the Roma of Macedonia -OPRM

there are 15% women in the executive bodies of the party.

At the same time here is review of elected MPs in the parliamentary elections in 1990, 1994, 1998 and 2002 in order to underline the progress that has been made from 1990 to 2002 in relation to women’s organization, engagement and lobbing:

Parliamentary elections 1990 1994 1998 2002

Elected women deputies: 5 (4,2%) 4 (3,3%) 9 (7,5%) 21 (17,5%)

Elected men deputies: 115 (95,8%) 116 (96.7%) 111 (92,5%) 99 (82,5%)

Source: The National Office of Statistics of the Republic of Macedonia

At the parliamentary elections in 2002, out of 120 elected deputies, there were 21 women deputies, out of which 16 from the Coalition “For Macedonia ...”, 4 from VMRO-DPMNE and 1 from the Democratic Union for Integration – the first Albanian woman that is elected as deputy.

PARTICIPATION IN THE JUDICIARY BRANCH AND THE RELATED PUBLIC SERVICES

The judicial branch is characterized by the marginal number of women in the higher instance courts, whereas in the lower instance courts women are completely equally represented.

There are three appellate courts in the Republic of Macedonia. The one in Skopje has a woman president.

Judges in the courts of the Republic of Macedonia in terms of gender – 2001

Source: Ministry of Justice

Number of elected judges according to gender from 1996 to 2001

Source: Ministry of Justice

Number of juror-judges according to gender from 1996 to 2001

Source: Ministry of Justice

Public prosecutors in the Public Prosecutor’s Offices in the Republic of Macedonia

Source: Public prosecutor’s Office

Elected public prosecutors according to gender from 1999 to 2003

Source: Public prosecutor’s Office

Elected deputies public prosecutors according to gender from 1999 to 2003

Source: Public Prosecutor’s Office

The data related to the lawyer’s profession are interesting. Despite the fact that more than half of the law clerks are women, a considerably smaller number of them remain permanently in the lawyer’s profession.

Source: Public prosecutor’s Office

There is a positive trend in the women’s representation in the notary profession where out of 123 appointed notaries, 68 are women.

The situation in the Constitutional Court follows the same trend that is present in the higher instances of the judicial system. In the period from 1994 to 2003 there was only one women out of 9 judges – members of the Constitutional Court. In accordance with the latest election of judges for the Constitutional Court of the Republic of Macedonia (May 2003),out of 9 positions for judges, only 7 are filled at the moment of writing of this report, two of which are women. The situation is different in the technical service of the Constitutional Court where out of 8 state councilors – technical associates, 6 are women.

NON-GOVERNMENTAL ORGANIZATIONS

The freedom of association is guaranteed in Article 20 of the Constitution of the Republic of Macedonia which states that: "The citizens are guaranteed the freedom of association with the purpose of realization and protection of their political, economic, social, cultural and other rights and beliefs. The citizens may freely found associations of citizens and political parties, to become members of such associations and resign. The programs and the functioning of the associations and the political parties cannot be directed toward violent breaking of the constitutional system of the Republic or towards encouragement of or call for military aggression or stirring up of national, racial or religious hatred or intolerance. Military or para-military associations which are not part of the armed forces of the Republic of Macedonia are banned.” The freedom of association is further provided for in the Law for Association of Citizens and Foundations in 1998.

1. UNION OF WOMEN'S ORGANIZATIONS OF THE REPUBLIC OF MACEDONIA:

The Union of Women's Organizations of the Republic of Macedonia (UWORM), as a non-governmental, non-partisan and non-profit association, was founded in Probistip, in October 1994. The founders were 13 local independent women's organizations. While in the beginning comprising a modest number of 13 founder local organizations, today UWORM has 64 autonomous organizations in its network.

UWORM is a multi-ethnic women's network consisting of 64 independent, autonomous organizations of the Republic of Macedonia. The diversity of its membership allows exchange of different experiences and fulfillment of various needs. Each women's organization is established in accordance with the needs of their respective target groups, and they initiated establishment of women's organizations in the rural areas, among the university staff, women veterans, businesswomen and young girls and women of the Women's Center and Women's Studies. Later on, all these initiatives were transformed into autonomous women's organizations with their specific needs and goals.

UWORM represents a linking mechanism for women's organizations with shared goals and ideas. UWORM's vision is achievement of gender equality, guaranteed human rights, elimination of discrimination of women in the society and family.

UWORM's mission includes the support of women as individuals, as well as that of the local women's organizations; development of women's participation in the public life and project development; creation of new social relations, cooperation and mutual support; women's rights protection and promotion, combat against violence, abuse and trafficking of women, for equal opportunities and for women's participation in all social spheres; encouragement of tolerance, dialogue, promotion and protection of peace in the region, increased participation of women in the Government and decision making bodies, improvement of the socio-economic position of women and entrepreneurship development.

UWORM operates through 7 separate regional centers, 4 thematic sectors and an executive office, which provides services and information to the local and regional centers. Most of the functions are performed at national and regional level.

The organizational structure differs, but yet, there is cooperation and coordination among the regions and members at regional level. Informal meetings often take place in order to share the needs and problems and to strengthen the capacities of smaller organizations.

Restoring trust was one of the organization's most important tasks in the past period, as were the activities related to one of the critical political events in September, 2002 – the Parliamentary elections. UWORM members were active in lending help to ensure peaceful and democratic of elections. They conducted a lot of activities in the major cities and small settlements with a purpose of motivating and stimulating the voters, especially women, to participate in the process of voting; to inform and educate them about their voters' rights; and finally to observe the elections in order to ensure fairness. At the same time, the purpose of the monitoring was to assess women's participation in the election process.

The results of the members' voluntary work are evident in all fields. In Macedonia, the women's movement is broadly spread and accepted, it has become rather influential, and it is an equal partner in terms of authority, acquiring acknowledgment and respect of the domestic public and international organizations. All that is the merit of a lot of Macedonian, Albanian, Serb, Turkish, Roma, Vlach, Russian women, women of different age, different social status, religion, political affinity.

In order to work more successfully, regional coordination bodies were established. The network's efficiency is related to the level of the organizations' independence constituting the UWORM network. Namely, the independence of each NGO member of UWORM is respected. Also, they all become more and more independent, which is one of the main factors in maintaining the network structure and cooperation with other networks.

UWORM's most important activities are listed in the Annex, at the end of the Report.

2. ORGANIZATION OF WOMEN'S ORGANIZATIONS OF MACEDONIA

The Organization of Women's Organizations of Macedonia is the first non-governmental, non-partisan and non-profit organization, with the status of a citizens' association in the Republic of Macedonia. It was registered in 1990, with the emergence of political pluralism, democracy and the idea of building a civil society in the independent Republic of Macedonia. Its primary orientation is to organize women in the country for achieving complete equality of women in all spheres of social life, regardless of their national, ethnic or socio-economic position and status. By a decision of its founders, included in its Statute, the Organization is identified as the legal successor to the long lasting unique organization of women in Macedonia in the past period, starting with the Anti-fascist Front of Women, established in 1944, as a peace-promoting and progressive women's organization.

OWOM, the organization's acronym, initiated development of a new law on citizens' associations and foundations, in accordance with the regulations on non-profit citizen association in the USA and Western Europe and in cooperation with the Macedonian Center for International Cooperation, domestic and foreign experts, as well as with the Ministry of Justice, contributed to the enactment of the Law. The organization was reregistered in compliance with this Law. OWOM operates as a mass association of women along two paths: through direct membership of men and women citizens and as a national network of 65 municipal and other local women's and other specialized associations dealing with issues that or of interest for a woman of today. On both of these grounds, about 65,000 persons are members of OWOM.

OWOM head office is at Vasil Gjorgov Str., no. 39, cottage 7, in Skopje. It is managed by the Assembly, as the supreme body, while the executive and operational functions are performed by the Presidency with 19 members from the Organization, plus one representative of each of the local associations. The Organization's president is Mirjana Dimovska, editor at the Macedonian Televisions, LLB by education. The vice-president is Milka Takeva Grigorievic, retired political scientist, doyenne of women movement in Macedonia. Special teams are assigned to work on specific issues and projects, concerning: Legislative and Legal Issues; Health Care and Social Affairs; education and Upbringing; Woman's Economic Strengthening; Children and Youth; International Cooperation; OWOM Development.

OWOM activities are not funded by permanent donors, but the funds are generated through the work on projects, supported by domestic and foreign donors. Over the past years, budgetary support was incidental and symbolic. In its orientation, OWOM's reference points are the voluntary work, the real needs of women in the Republic of Macedonia and the implementation of the option for Europe and the highest values of the Western civic society. The Organization's representatives have taken part in international and regional conferences, related to women's issues, its members have attended seminars outside Macedonia, whenever financial capacities allowed so. OWOM runs its activities through seminars, round tables, workshops, campaigns and lobbying and it is unique by its publishing activities. Thus, in the last 5 – 6 years it has published the following books: The Status of Women in the Contemporary Social Streams; The Woman and the Politics; Debate on Tolerance; Interethnic Dialog Women's Perspective; Family Law (in Macedonian and Albanian language, together with the Women's forum of the Republic of Albania); Stop the Trafficking in Women (prepared for printing). In 2002, OWOM began publishing its monthly, named The Informant, in which texts of women, members of all the member organizations were published.

OWOM's most important activities are listed in the Annex, at the end of the Report.

3. The women's nongovernmental sector in the Republic of Macedonia is also functioning on ethnic basis. Women's organizations, founded on ethnic basis cooperate intensively between each other, especially in relation to organizing seminars and training courses.

“The Alliance of the Albanian Woman in Macedonia” has 11 branch offices in several cities in the country. Their main goal is the emancipation of the Albanian woman, a campaign for inclusion of women into the educational system and health related education of rural women.

Also active in the Republic of Macedonia are the organizations of Roma women, such as: “Roma Organization of Women in the Republic of Macedonia", "Esma Association", and “Daya” from Kumanovo, and there are women's organizations from other communities' members: "Association of Vlach women", "Association of Serb Women in the Republic of Macedonia" and “Society of Friendship of Turkish Women in Macedonia".

In the country, there are also women's organizations dealing with research projects, dedicated to important problems in gender equality: “Humanitarian Association for Emancipation, Solidarity and Equality of Women" (HA-ESE) and “Urban and Media Action of Macedonia“ (UMAM). The former deals with activities and research related to the legal framework of women's status, discrimination of women during employment, health-related projects and violence against women; while the latter, UMAM, investigates the presence of women in the media and at public events.

Certainly, as an interesting project involving voluntary women's activities, the SOS telephone for women victims of violence and discrimination should be pointed out, as well.

4. There is also an actively working Macedonian Association of Women in the Police, established in February 2002, in accordance with the Law on Citizens' Associations and Foundations ("Official Gazette of the RM, no. 31", of July 2, 1998) as an independent, non-governmental and non-partisan citizens' association. Its members accomplish their common social, economic, scientific, professional, technical, educational, humanitarian and cultural interests.

Members of the Macedonian Association of Policewomen are and can be women employed with the Ministry of Internal Affairs, performing duties with special assignments and authorities, whose period of insurance is calculated based on extended duration, who voluntarily approach the Association, as well as men employed with MIA, with the same kind of working duties.

The Association's goal is development and promotion of women's rights at the MIA of the RM, improvement and enhancement of women's status within the professional structure of the Ministry, participation and aid during exercising professional qualification, training and education of women at the Ministry, preparation and coordination of and participation in projects related to the prevention of and combat against emotional and physical abuse of women (domestic violence), sexual abuse of women and children, drug addiction, prostitution, trafficking in women and children and other kinds of organized crime, as well as projects in other activities of the Ministry, giving professional assistance to state bodies, organizations and nongovernmental organizations whose activities are similar to those of MIA stated above, participation in projects of nongovernmental organizations working in the field of women's rights, incorporation into the European Network of Women in the Police and the International Association of Women in the Police, as well as other goals and objectives which contribute to the accomplishment of women's social, economic, community-specific, humanitarian interests.

To accomplish the goals wherefore the MAWP was established, its members launched activities, through preparing projects, of which the following have been completed: training related to the institutional development and organizational strengthening of association management, initial technical equipment in terms of a computer and printer, "street children", while at the stage of preparation is a project on gender equality and representation of women in the Ministry's professional structures.

5. Within the context of all the above stated, it is necessary to especially highlight the initiative of the Work Group for Gender Equality launched during the First Conference on the Southeastern Europe's Stability Pact Establishment, in Sarajevo 1999, which influenced positively implementation of the priorities of the National Action Plan for Gender Equality, especially the implementation of the priorities of the National Plan – Strategy for Women in the State Administration and Decision Making. The initiative of the Work Group for Gender Equality (WGGE) had strong reverberations in the Republic of Macedonia: the Macedonian Women's Lobby (MWL) was established, a coalition of women from various structure: Government, Parliament, Local Self-government, NGO, political parties, media and women experts from various fields and an Office of the Macedonian Women's Lobby was registered, as a domestic nongovernmental organization. Women with various backgrounds and beliefs (national, religious and political) agreed to work together for the "women's cause".

The Macedonian Women's Lobby, promoted on March 1, 2000 is an open structure, with a Task Force as the coordination body. The Lobby functions as a group for exerting pressure on the institutions, the public and the media with two main goals: (1) Higher level of women's representation in the politics and the public life, especially in decision making and policy creation roles; (2) Legislation improvement and implementation aiming at the provision of women's rights.

The results of MWL in the past two years since its establishment, where the manager of the Gender Equality Promotion Department of the Ministry of Labor and Social Policy is one of the three focal figures in the Republic of Macedonia assigned by the Working Group for Gender Equality of the SEE Stability Pact, can be summarized as follows:

a) more women in the local self-government

The number of women elected to the list of municipal councils is 161 (8.5%), which is a 50% increase, compared to the previous number of 105 women (5.5%). Three women mayors were elected, in comparison with no women mayors, previously.

One woman is the mayor of a quarter in Skopje, while the other two are mayors of rural settlements. Two women mayors are of Macedonian nationality (of the opposition parties), while one of them is an Albanian (belonging to a party in power).

b) Raising the women's awareness for political and public participation

During the pre-election activities organized by MWL, or their members (NGO or political parties) an increasing number of women showed interest in approaching some of the political parties, in becoming candidates or supporting the candidature of women.

c) Raising the awareness of women voters in rural areas about their voting rights

In some rural areas, workshops related to election rights were organized for the first time. This was an incentive for some of these women to come to the booths and vote for the first time at their own will.

d) Crossing parties' and ethnic lines through the work on women's issues

Women from different ethnic, religious and political groups worked together on "women's cause". It was the first cooperation ever of women from different political parties.

e) Raising the public's awareness about the need for creating equal opportunities.

The reaction of the public was much more favorable than expected, with an evident increase of media interest.

f) Raising the political parties' awareness about the need for respecting the women's voice.

The political parties agreed to sign the declaration for supporting the demands of the Macedonian Women's Lobby. Ultimately, they fulfilled it only partially, but all these activities enhanced the women's groups in the parties. It should be emphasized that after the MWL establishment, the parties who lacked women's groups, founded them, which means that today the political parties have organized women's groups.

g) strengthening the gender machinery in the country

The status of the Gender Equality Promotion Department of the Ministry of Labor and Social Policy is enhanced, through an additional person hired on a temporary basis, with a possibility for this number at the Department to grow in the future. It should be pointed out that the Minister of Labor and Social Policy has announced a possibility of amending the Election Law from the gender perspective.

h) Establishment of women's groups within the two largest trade unions.

These emerged after the local elections in 2001. (This success is not a direct result of MWL activities, but the latter had positive influence upon it).

i) Establishment of gender-based statistics at the Institute of Statistics

For the first time, a brochure with data on genders was published by an official state body. (This success is not a direct result of MWL activities, but the latter had positive influence upon it.)

A detailed report on the MWL activities is available in the Annex on MWL, at the end of the Report.

From the above stated review of women's nongovernmental organizations, it can be concluded that women of the Republic of Macedonia are organized in a number of NGO-s, based on their interests and activities. It is important to cooperate in this sector's strengthening, through providing instructions and guidelines on the way these organizations could seek and raise funds, then on the preparation of project proposals, the administrative operations related to them and report preparation. Investments in this sector are important in order to enhance the functioning of the civic society as a whole, where women's values and rights will be guaranteed to find a place.

ARTICLE 8: INTERNATIONAL REPRESENTATION AND PARTICIPATION

The member states undertake all appropriate measures to provide women with an opportunity,

under equal terms with men, without discrimination, to represent their governments at

international level, as well as to participate in the work of international organizations.

Pursuant to the provision of Article 32 of the Constitution of the Republic of Macedonia, everyone is entitled to work, to freely choose employment, to be protected at work and materially aided during temporary unemployment. Every job is open to everyone under equal terms. Thus, women have equal rights with men to represent the Government of the Republic of Macedonia at international level and to cooperate in the work of international organizations.

However, true participation of women of the Republic of Macedonia at international level is still low. Moreover, the practice of reassignment, being still insufficiently developed, is even lower with regard to women's participation in international organizations.

The situation at the Ministry of Foreign Affairs of the Republic of Macedonia is as follows:

As of July, 2003, the Ministry employs 201 of staff (including the employees at technical level), of which 101 are women. Out of 26 state advisors at the Ministry of Foreign Affairs, 4 are women. In the period since gaining independence, in 1991, to date, no woman has been assigned to the position of Deputy Minister of Foreign Affairs. However, for the first time since gaining independence, a woman was appointed Minister of Foreign Affairs, during the Government of Broad coalition in 2001, while the second such occasion was after the Parliamentary Elections, in September 2002 and the constitution of the new coalition Government in November, 2002.

During the period of composing the Report (July, 2003), there are 137 employees working at 41 diplomatic and consular missions of the Republic of Macedonia abroad, out of whom 32 women. Of the total number of employees at the diplomatic and consular missions, 110 have the status of diplomats, and only 25 of them are women. For example, until July, 2003, 7 women had the appointment of Minister-advisor; 10 women were with the appointment advisor; 4 first secretaries; and one woman had the appointment of each of the positions of second secretary, third secretary and attaché. At the moment, there are only 3 women ambassadors (not belonging to the order professional diplomats), out of the total of 26 ambassadors. In the diplomatic history of the RM, since gaining independence in 1991, no woman from the order of professional diplomats has acquired the appointment of ambassador.

During the mandate abroad, the rights of a woman diplomat, relating to pregnancy, childbirth and maternity leave, are not regulated in the existing legal regulations. Since the Republic of Macedonia's gaining independence, there has not been a single case of a woman diplomat giving birth and using maternity leave during her mandate abroad.

Generally speaking, in the period between 1994 and 2003, 60 women have been employed at various levels in the diplomatic and consular missions of the Republic of Macedonia abroad. In total: 14 consular – technical employees; 1 attaché; 1 consul; 1 third secretary; 1 second secretary; 4 first secretaries; 18 advisors; 16 minister advisors; and 4 ambassadors.

One woman from the Republic of Macedonia was elected judge (in the second mandate) of the European Court for Human Rights in Strasbourg. There are also women who participate as members of experts committees and other bodies of international organizations at regular basis.

Please refer to the comment to Article 7 above, for other forms of the international participation of women in the political and public life of the Republic of Macedonia.

ARTICLE 9: CITIZENSHIP

1. The member states recognize the women's rights to obtain, change or retain their citizenship, as

equal with those of men. They especially care that the conclusion of marriage with a foreign

citizen, or the change of the husband's citizenship during the marriage, does not automatically result in the woman's changing citizenship, or her becoming a person without citizenship, i.e. being forced

to accept the husband's citizenship.

2. Member states provide equal rights to women, with those of men, with regard to the children's citizenship.

1). Equality of all citizens pertaining to acquiring, changing, or retaining the citizenship of the RM is guaranteed by the Constitution of the RM. Namely, pursuant to Article 4 of the Constitution of the RM "Citizens of the Republic of Macedonia have the citizenship of the Republic of Macedonia. A citizen of the Republic of Macedonia may not be deprived of citizenship, or expatriated or exiled to another country. Citizenship of the RM is regulated by law".

The Constitution of the Republic of Macedonia does not differentiate between men and women, but it rather speaks of the citizens of the RM, which leads to the conclusion that women have the same rights and obligations in relation to citizenship as men do.

Also, according to Article 29 of the Constitution of the Republic of Macedonia:

"foreign subjects enjoy the rights and freedoms guaranteed by the Constitution of the Republic of Macedonia, under the terms and conditions regulated by law and the international treaties. The Republic guarantees the right of asylum to foreign subjects and expatriates, for political beliefs and activities. Extradition of foreign subjects can only take place on the basis of a ratified international agreement and the principle of reciprocity. A foreign subject cannot be extradited for political criminal offenses. Terrorists' acts are not considered political criminal offenses".

More specifically, the citizenship of the RM is regulated by the Law on the RM Citizenship ("Official Gazette of the RM, no. 67/92). This law consistently applies the principles of equality and equity of citizens, interwoven in the Constitution of the RM. In this sense, the Law on the RM Citizenship does not mention discriminatory provisions for men and women, but it uses the terms foreigner, emigrant, etc.

Article 7 of this Law stipulates the regular procedure of acquiring RM citizenship by naturalization and in none of the eight, clearly prescribed conditions, there is any difference made between men and women. According to Article 7 of the Law on the RM Citizenship "A foreigner can acquire the RM citizenship who applies for admittance into the RM citizenship, if he/she meets the following requirements: to be 18 years of age, until the submission of the application to have legally resided in the territory of the RM for at least 15 years in continuation, to be psycho-physically healthy, to have provided residence and permanent source of funds, no criminal procedure instituted against him/her in the country whose citizenship he/she has or in RM, to have command of the Macedonian language, his/her admittance into the RM citizenship may not jeopardize the RM security and defense and he/she must have obtained a release from the foreign citizenship, i.e. evidence that he/she will receive a release, in case of being admitted into the RM citizenship".

One of the privileged grounds for acquiring the RM citizenship is regulated in Article 9 of the Law on the RM Citizenship, according to which "A foreigner who is married to a citizen of the RM for at least 3 years and, until his/her submitting the application, continuously resides at least for one year in the territory of the RM, despite not meeting the requirements stipulated in Article 7, paragraph 1, items 2, 6 and 8 hereof, can become a citizen of the RM".

Here, there is no discrimination in the Law, or distinguishing of the woman, either in terms of whether a foreign woman's or man's marriage to a citizen of the RM is in question, or the possibility of obtaining citizenship, and in terms of the requirements to be met in accordance with the Law on Citizenship.

It is also especially important that conclusion of a marriage between a foreign woman and a citizen of the RM, or a woman citizen of the RM and a foreign subject, or the change of husband's citizenship during marriage, do not cause any changes on the woman's citizenship. The legislator has given primary importance to the principle of free will of the applicants.

There is no discrimination between men and women applying for admittance in the RM citizenship even in the exceptional procedure of acquiring the RM citizenship, prescribed in Article 11 of the Law on Citizenship, whereby "As an exception to Article 7 hereof, a foreigner of 18 years of age or older, can acquire citizenship of the RM by naturalization, if that is of special scientific, economic, cultural and national interest, while this especially applies to all Macedonians by origin, who live outside the borders of the RM. The Government of the RM previously gives an opinion on the existence of the special interest with regard to paragraph 1 of this Article". Along with the foreigner, his/her marriage partner can also obtain citizenship of the RM by naturalization, under the terms of Article 9 of this Law.

Based on the Constitution and the Law on the RM Citizenship, women in the Republic of Macedonia are granted equal rights with men in relation to their children's citizenship.

Articles 4 and 5 of the Law on the RM Citizenship, which regulate the ways of acquiring the RM citizenship by origin, do not make gender discrimination, specifically, a parent woman citizen of the RM or a foreign subject whose husband is a citizen of the RM is allowed to equitably decide and give consent on their underage child obtaining citizenship, as the father is.

2). Pursuant to Article 4 "On the basis of origin a child can obtain the RM citizenship, whose one of the parents, at the moment of the child's birth, is a citizen of the RM, and the child is born in the RM, unless the parents consensually decide for the child to obtain the citizenship of the other parent, as well as if, at the moment of the child's birth, one of the parents is a citizen of the RM, and the other one is unknown or of unknown citizenship, or is stateless, and the child is born abroad. The RM citizenship is also conferred on an adopted child in case of full adoption, where both or one of the adoptive parents are citizens of the RM".

According to the above stated, the Law speaks of a parent and not of a mother or a father, meaning that their rights in terms of the possibility for citizenship to be conferred upon their children are equal.

It becomes clear from above that the constitutional determinations for equality of the citizens of the RM in relation to citizenship are accepted and specified in the Law on the Citizenship of the Republic of Macedonia.

The principle of gender equality in the implementation of this Law is also evident in the record keeping, where there is no mention of differentiating on the basis of gender, whatsoever, but always mentioned are the total number of persons applying, persons who have obtained citizenship, or have been denied it, grounds for the procedures, etc.

The Republic of Macedonia recognizes that women have equal rights with men, regarding acquisition, change or retention of their citizenship, which is in compliance not only with the Convention on Elimination of All Forms of Racial Discrimination of Women, but with other international treaties and acts in this field that the Republic of Macedonia has signed and ratified.

ARTICLE 10: EDUCATION

Member states shall take all appropriate measures to eliminate discrimination against women, in order to ensure equal rights for men and women in the field of education, and in particular, on

the basis of men's and women's equality, to provide:

a) equal career and professional orientation conditions, in terms of studying opportunities and obtaining diplomas in educational institutions of all categories, both in rural and in urban areas; this equality shall be ensured in pre-school, general, technical, vocational and higher technical education, as well as in all types of professional orientation;

b) availability of the same curricula, the same examinations and teaching staff with

qualifications of the same standard, as well as school premises and equipment of equal quality;

c) elimination of the traditional concept of the roles of men and women at all levels and in all

forms of education, by encouraging establishment of mixed classes and other types of education that can contribute to the achievement of this goal, particularly through revised textbooks and curricula and adjusted teaching methods;

d) equal opportunities to benefit from scholarships and other study grants;

e) equal opportunities for access to continuous educational programs, including adult and

functional literacy programs, particularly those aiming at reducing, within the shortest time

possible, of the existing educational gap between men and women;

f) reduction of female student dropout rates and organization of programs for girls and women

who leave school prematurely;

g) equal opportunities for active participation in sports and physical education;

h) access to specific educational information to help ensure health and well being of families,

including information and advice on family planning.

a) Pursuant to the Constitution of the Republic of Macedonia (Art. 44), every citizen is entitled to education. Education is accessible to all under equal conditions and primary education is compulsory and free of charge.

Under the existing legislation, which regulates educational activities, pupils and students are treated equally in terms of gender.

In the current legislation regulating primary education, specifically in the Law on Primary Education of 1995, which is in compliance with the Constitution of the Republic of Macedonia, as well as reform programs for transformation of the educational system, there is evident insistence on providing equality between male and female student populations. This is of fundamental importance and a kind of a precondition for progress of the overall social system. It means creating equal opportunities in any sense and, within that framework, equal access to education and other types of training in the unique educational system. Correspondingly, there is no discrimination against female pupils as opposed to male ones in the sub-system of pre-school and primary education, which proves nonexistence of gender-based differentiation related to exercising basic rights and freedoms on the part of female pupil population in pre-school and primary education.

Also, the Law on Secondary Education of 1995, Art.3, Para.2, reading: ”Discrimination based on gender, race, skin color, national and social origin, political and religious beliefs, property and social position is not allowed”, guarantees women's equal rights to access to secondary education.

The Law on Higher Education of 2000, regulates in a separate article (Art.2) the right to education of the citizens of the Republic of Macedonia at higher education institutions under the same conditions, which means equal access of both male and female population to higher education.

At the same time, Chapter 2 of this law addresses the content and autonomy protection of all members of the academic community in the higher education, whereby their intellectual freedom and creative nature of research and educational process are guaranteed to them, as paramount values and abilities (Art.10 and Art. 11), including the autonomy to manage higher education institutions as a segment of the overall academic freedom of higher education institutions (Art. 12). Thereto, the inviolability of the autonomy refers to carrying out higher education and other activities that protect the academic community members’ rights to nondiscrimination against citizens, based on gender, race, skin color, nationality and ethnicity, social origin, political and religious beliefs, property and social position (Art.13). Of all the rights of the academic community members, this article gives priority precisely to the right to protection against gender-based discrimination, thereby emphasizing the significance of this issue in the text of the Law and making no distinction on the basis of gender anywhere in the text.

Also, the 1998 Law on Pupils’ and Students’ Standard, although containing no specific provisions directly related to this issue, addresses the topic with equal significance for both pupils and students, making no distinction between the two genders.

The comments on separate paragraphs of Article 10 of CEDAW contain appropriate statistical data on the situation in different educational segments; primary, secondary and higher education, as well as pupils’ and students’ standard, for the respective period, which has been obtained from the State Institute of Statistics of the Republic of Macedonia.

1. Pre-school education in the Republic of Macedonia for the children of pre-school age is organized and carried out in the so called groups "of big boys and girls", at the organizations for upbringing and education of preschool age children, which belong to the portfolio of the Ministry of Labor and Social Policy, as well as in the so called "pre-school" groups at the regular primary schools, under the Ministry of Education and Science. Both types of institutions carry out upbringing and educational activities following common curricula, and the teaching staff profile is determined on the basis same norms and standards.

Pupils acquire primary education at regular primary schools that are public institutions and whose establishment or dissolution is decided upon by the Government of the Republic of Macedonia, in co-operation with local government units.

For special categories of students, primary education is also organized in health institutions, correctional and penitentiary facilities, while for children with special needs resulting from physical or mental impairments in their development, depending on the level and type of impairment, special primary schools or classes are organized. Worthwhile mentioning is the fact that the Ministry of Education and Science, in co-operation with the Bureau for Development of Education, is making efforts to include these students in the regular classes at primary schools.

For students over 15 and up to 17 years of age, which is the upper age limit of primary education coverage, special primary education for adults is organized at schools or special institutions aiming at completing primary education. There are also primary art schools for elementary music and ballet education, organized as additional education for pupils with affinity for music and ballet.

In rural and mountainous areas, depending on the number of pupils, education is organized in regional schools, with a widely developed network on the whole territory of the country, with the purpose of drawing it closer to the place of permanent residence. This contributes to decreasing the percentage of illiterate students who are not covered or live in remote areas. There is also organized transportation and accommodation in boarding schools and families, which is materially supported by the relevant ministry, while these services are free of charge for students with special needs.

All classes are organized with heterogeneous gender structure, and anything that relates to primary education students is relevant to both genders. Participation of female students in the total number of students enrolled in regular primary schools for the reporting period is presented in the following table:

1) End of school year situation

Source: Ministry of Education

Based on previous quantitative indicators, equal treatment of students of both genders can be observed in both enrollment policy and educational process and certification. The minimum differences that appear in the percentage ratio between the two genders depend on the natural birth rate of the generations of students and their gender structure.

In the field of professional orientation, continuous education is being organized, starting from the earliest age, and through applying a single approach and method of work with both genders, through continuous talks with the parents to overcome the prejudices, especially in certain ethnic environments with Muslim confession of faith where they are more emphasized, noticeable positive changes in behavior are achieved and attitudes towards so called “male and female” professions are changed, which aims at overcoming all obstacles to full emancipation of female children.

2. In 2000/2001, secondary education was conducted in 95 state schools, of which 4 for students with special needs and 4 private secondary schools. The system of secondary education comprises students from 14 to 19 years of age. Most of them are covered in their place of permanent residence, and a certain number of them commute or are admitted to students’ boards.

For the reporting period (1995/1996 -2001/2002), the participation of female students in the total number of students amounts to slightly more than 48%, which corresponds to the percentage of female population in primary education, and points to equal participation of female students in relation to male students in primary education.

Based on figures related to ethnic affiliation in secondary education, Macedonian female students participate with 51%-52%; Albanian ones from 37% to 41%; Turkish from 29% to 37%; Roma from 31% to 40%; Vlach from 46% to 52%; Serbian from 39% to 42% with an upward trend.

Analyzing the vocations in secondary education and participation of female students in specific vocations, in 2001/2002 for example, the following were considered the most attractive: ballet, language high-school, textile, medical, office management, geological, law, personal services, chemical and technological, where they participated with 66.7%-86.8%. The lowest participation was observed in the vocations of electrical and mechanical engineering, with an average of about 7%.

Gender equality in secondary education also applies relevantly in the selection of profiles, professional orientation and obtaining degrees. In spite of undertaking continuous activities to involve girls equally in secondary education, in the underdeveloped hilly and mountain areas, there is still a traditional understanding that female children should not be included in secondary education.

State secondary schools are located in urban areas, and vocational schools are located by regions. In order to eliminate stereotypes related to secondary education continuation and to increase the coverage of girls in certain regions, there are separate individual classes in less developed areas:

- Gostivar, high-school education in the villages of Rostushe and Negotino;

- Tetovo, health education in Gostivar;

- Delchevo, high-school education and textile in Makedonska Kamenica.

3. In 2001/2002, a total of 44,710 students in the Republic of Macedonia enrolled in the two state universities, the Skopje University of "Sts. Cyril and Methodius" and the Bitola University of "St.. Kliment Ohridski", of whom 24,691 or 55.2% were women. Out of the 41,590 students enrolled in faculties, 23,279 or 56.0% were women, while vocational colleges had 786 or 70% female students out of the total number of 1,123.

Compared with previous school years, out of 40,246 students in 2000/01, 22,463 or 55.8% were women; in 1999/00, 20,325 or 55.04% of 36,922 students were women; in 1998/99, 19,359 out of 35,141 students were female, and in 1997/98, 17, 484 or 54.6% of the total of 32,048 students were female; in this period, the participation rate of female population in the total number of students ranged from 54,6% to 55,8%, which proves a higher percentage of female participation in the overall student population. This rate of representation can be observed in the following table:

Students enrolled in faculties and vocational colleges

Source: State Institute of Statistics

In the higher education institutions of the Republic of Macedonia, the percentage participation of female population in the overall number of newly enrolled students, which, in this period (1997/98-2001/02), ranged from 7,930 to 12,422 students, meaning an increase of 56.6%, was between 4,324 and 6,440 female students, a rise of 48.9%. The percentage of female students in the total number of newly enrolled students ranged from 53% to 55% and followed the percentage of female students in the total number of enrolled students.

Declared ethnic structure of female students in the total number of enrolled students is presented in the following table:

Enrolled students – citizens of the Republic of Macedonia, according to declared ethnic affiliation

Source: State Institute of Statistics

On the basis of the table above, it can be concluded that the percentage of female students in the reporting period is as follows: Macedonians – 50.4% to 55.9%, Albanians –43.4% to 49.9%; Turkish – 46.9% to 51%; Roma – 42.9 to 61.1%; Vlachs – 58.8% to 61.8%; Serbs – 50.8% to 54.8%, and others – 48.3% to 52.7%.

The percentage of female students in this period, according to nationality, ranges between 42.9% and 62.3%, which would, on average, mean percentage supremacy of the total number of enrolled female students over male ones, particularly in the last school year.

The overall number of enrolled students by scientific disciplines is presented in the following table:

Source: State Institute of Statistics

According to the data shown, female students show greatest interest in the social sciences, between 66.1% and 67.2%; and from 64.0% to 67.5% in the natural and mathematical sciences, the same as in the case of medical sciences. Female students show lower, though significant, interest in technical and technological sciences, in comparison with other scientific fields.

Based on statistical indicators regarding the number of students graduated from higher education institutions, the percentage of graduated female students in this period ranges from 53.6% to 62.8% or, on average, it is 59.1%.

The percentage of female Master degree holders ranges from 41.1% to 52.8% for the reporting period, or 48.4% on average, while the percentage of female PhD holders is between 30% and 43.5% or an average of 35% for the reporting period.

According to ethnic affiliation, the percentage of graduated Macedonian female students is from 54.8% to 61.6%, or an average of 59%; between 35% and 59%, or, on average, 48% for Albanian students; from 38.9% to 69.2%, or, on average, 52 % for those of Turkish origin; 45.8% for Roma students; 50.6% for Vlach ones; 50% for Serbians; and 54% for female students of other nationalities.

b). 1. In primary education, instruction is carried out in accordance with modern curricula and syllabi, wherefore appropriate textbooks, aids and literature have been designed, the contents of which eliminate all gender-based stereotypes. Defined norms and standards for the teaching staff exist in every scientific discipline.

In addition to compulsory subjects, the timetable provides for and enables organization of selected and optional training in certain fields, depending on students’ interests and abilities. Then, there is additional tuition and free activities for advancement in certain scientific disciplines, as well as additional training for lower average students.

2. Participation of male and female students in all secondary schools is equal. Both male and female students make equal use of the teaching staff, curriculum and examinations, as well as classrooms and classroom equipment.

From a viewpoint of female participation in the implementation of the educational process, the data shows that it is over 51%. Here again, female Macedonians participate with 56%-59%, female Turks with 39%-48%, while female Albanians participate with about 25% in the total number of the teaching staff. In state secondary schools, 24 persons or 26.6% of the total managing teaching staff of 90 are female principals.

3. With respect to equal access to higher education, both male and female students have equal access to curricula, examinations, school premises, same equipment quality, as well as teaching personnel, whose qualifications have the same level for both male and female students.

Source: State Institute of Statistics

From the Overview, it can be concluded that the participation of female teaching and associate staff at higher education institutions in Macedonia ranges from 40.9% to 43.5% in the reporting period.

According to the structures, teachers, associates and other, the gender distribution is as follows:

Source: State Institute of Statistics

Participation of female teaching staff ranges from 29.4 to 34.3%, and is continuously rising. The percentage and increase of female associate staff in the total number of associate staff is of special importance and it ranges from 53.4% to 55.6%, which will correspondingly reflect on the rise in female teaching staff in the forthcoming period, and will represent further improvement of the structure of both teaching and associate staff of female gender in the higher education.

The gender structure of managerial organs at universities in the Republic of Macedonia is as follows:

rector/dean vice-rector/ vice-dean total managerial staff

The total participation of female teaching staff in the managerial structure, according to the data of 2001/2002 school year, is 32%. Individually, with respect to major managerial functions, this participation is 15.4%, while in the assisting managerial structures this figure is particularly high and amounts to about 70%.

c) In all of the segments of the overall educational system, the curricula and syllabi, textbooks and teaching methods are equally accessible and aimed at the overall pupil and student population, irrespective of gender.

In connection with the elimination of stereotypes related to male and female roles at all educational levels, the example of the Police Academy is underlined, an institution which, pursuant to the Law on Police Academy (“Official Gazette of the RM” No. 40/2003), shall be responsible to educate both new and existing police staff and is under the competences of the Ministry of Interior (former Center for education of staff in the field of security).

Regarding the employee structure, women's positions range from the least complex ones to PhD, at the Faculty of Security.

The Table below illustrates that proportion:

Source: Ministry of Interior of the Republic of Macedonia
It is obvious from the figures analysis that women in this Academy participate in a greater percentage than men, which certainly means great contribution to promoting education in this area.

d) The opportunity to use student scholarships and credits is equal for both male and female members.

The total number of talented student scholarship beneficiaries in the last five years has been 6,164, of which 3,609 or 58.8% are female.

The following table shows the situation with scholarship beneficiaries by school years:

The number of students granted talented student scholarships, in this period, amounts to a total of 9,115, of which 5,879 or 64.5% are female talented students.

The situation by gender structure of talented student scholarship beneficiaries is presented as follows:

Source: Ministry of Education

Talented students are given the opportunity for a fast progress, twice during primary education, whilst students with poor results in their studies of either gender are provided with the opportunity for extra hours after the completion of regular classes and sitting for exams, to ensure their advancing to a higher grade. Students violating the rules of educational and upbringing activities are subject to pedagogical measures, while any harassment and molestation of students is forbidden and sanctioned.

Also, the total number of scholarships for profiles which are in demand is 809, of which 531 or 65,6% are awarded to female students.

The total number of student loans in the period of the reports was 20,918, out of which 14,362 were granted to female students, which is 68,6% of the total number of loans.

e). In primary education, students between 15 and 17 years of age, which is the upper limit, attend primary education lessons organized for classes of adults in special institutions, and there are also classes for basic musical or ballet education.

Students are also equal in terms of gender with regard to adult secondary education programs through self-education, by way of taking exams for a given curriculum provided by a vocational school through self-financing. Most of adult students are individuals who have failed to complete their education within the required period; they receive further qualification over a three year period, and they join a four year program; or they are in a re-qualification program from one vocation to another, or specialist education.

Also, pursuant to the law, an opportunity is provided for a two-year vocational qualification for individuals who have not completed primary education, and in parallel with their professional qualification, they have to complete the primary education curriculum.

The table below provides a breakdown of adult learners by gender and ethnicity.

Source: Ministry of education;

f) Pupils are covered by schools in the area of their residence, though they are not denied the right to enroll anywhere, and they have to follow a procedure defined in the law. Parents of children who do not go to school are subject to sanctions, because the objective is to eliminate illiteracy due to lack of coverage or erosion of students.

Though at secondary education level conditions are in place to ensure full coverage, the drop out rate is high, mainly in the initial years of secondary education when poor students leave school. The average drop out rate is about 1% for both genders.

g). and h). In recent years several projects have been implemented aiming at emancipation of girls, related to the European network of schools, which promote the health and human relations between genders. Also there are several programs, which invite participation in sport and physical activities regardless of the gender.

The Republic of Macedonia provides education for children with special needs who receive education at special secondary schools. The percentage of female students is about 30%. The table bellow shows the detailed breakdown:

Source: Ministry of education;

Article 11: EMPLOYMENT

1. Member states should take all measures necessary to eliminate discrimination of women as

regards employment to ensure that equal rights are given to both men and women, and in

particular:

a) right to employment as inalienable right of all people;

b) right to equal employment opportunities, including the application of equal criteria in the

choice of candidates for a given position;

c) the right to a free choice of profession and employment, the right to promotion, safety at work

and all the rights and conditions arising from employment, as well as the right to professional development and re-qualification, to include business training, higher professional education and

further education;

d)the right to equal pay, including benefits, as well as to equal treatment in the assessment of

performance quality;

e) the right to social care, in particular in retirement, unemployment, illness, old age and other

types of business incapacity, as well as the right to a paid leave;

f) the right to general and occupational health care, to include the protection of biological and reproductive function of women.

2. To prevent discrimination of women as a result of entering marriage or motherhood, and to

protect their right to employment, member states shall take necessary measures to ensure:

a) prohibition, under threat of sanctions, of making women redundant due to pregnancy or

maternity leave and discrimination in terms of dismissing from job due to marital status;

b) introduction of paid maternity leave and similar social security benefits without losing the right

to keep the job, years of service allowance and social allowances;

c) incentives to provide the necessary social care services to allow parents to balance between

family and professional and social obligation, in particular by stimulating the establishment of a

network of child care institutions;

d) provision of special care for women during pregnancy regarding positions, which have been

proven to harm pregnant women.

3. legal protection measures pertaining to issues covered in this article are reviewed periodically

in light of scientific and technological advancements and, as and when necessary, are reviewed,

removed or retained.

Pursuant to the constitution of the Republic of Macedonia, (Article 32, p. 1) every person has the right to work, free choice of employment, protection at work and unemployment benefits, and employment is available to anyone, under equal conditions without any kind of discrimination, including gender discrimination.

On the basis of the foregoing constitutional provisions, several laws have been enacted to ensure that the constitutional rights pertaining to employment are respected. The following are the laws in question: Labor Relations Law, Employment Law and Unemployment Benefit Law, Law on Increasing Employment.

Two collective agreements have been prepared both in the economic and the non-economic sectors: General collective agreement for the economic sector in the Republic of Macedonia and the General Collective Agreement for the civil service, public enterprises, administrative bodies, local self government bodies and other legal entities engaged in non-economic activities. Nearly all sector specific collective agreements have been made on the basis of the two collective agreements.

Issues pertaining to labor relations are regulated in the Law on Labor Relations passed in 1993. The Law has been amended several times under a number of labor market reform programs. There are several other regulations in primary and secondary education , which regulate this subject area.

Pursuant to the Stabilization and Association Agreement concluded between RM and EU on April 9 2001, the Government of RM adopted a program for approximation of the legislation to that of EU. The said documents list the directives pertaining to labor and employment against which approximation of our legislation should be effected, as well as the timetable and the phases of approximation of our legislation to the EU directives. In the first phase, approximation has been carried out with several EEC directives: Council’s directive 75/117/EEC- the principle of equal pay for men and women, Directive 76/207/EEC- equal access to employment, education and equal working conditions, and the Directive 97/80/EEC- the burden of proof in discrimination cases. The said directives are linked with the Labor Relations Law and other labor associated legislation.

So article .8-a of Labor Relations Law (Official Gazette of the Republic of Macedonia No. 25/2003.) sets out that employers shall not place the applicant or worker in an unequal position on the basis of race, skin color, gender, age, health, disability, religious, political or other beliefs, membership of unions, national or social background, property status or other personal circumstances.

Women and men should be provided equal opportunities and treatment in employment, career development, safety at work, conditions, working hours and cancellation of employment contracts.

Also, article 70 of the Labor Relations Law is followed by a new article 70-a, which reads (Official Gazette of the Republic of Macedonia No.25/2003): "employers shall pay equally for the same position irrespective of gender". Provisions of contracts and collective agreements contrary to paragraph 1 of this article are null and void.

Employment

Events in recent transition years have generated some serious existential problems which have imposed the need for solving the problem and creating jobs and income generating opportunities in particular for women, since women were left jobless in higher numbers, thus left without opportunities to earn for themselves and their families. The 2001 labor survey data shows that the total population of working capacity is 1,554,420 of which 782,363 or 50,3 % are women. 55.5% of the total are active in the labor market, while 44.5% are inactive. It is obvious that 55.5% is a relatively low percentage, mainly due to the low share of women, 45.5%, while man account for 65.6%. This illustrates that the population has felt the full brunt of transition changes. Of the total of 599,308 employed, only 242,042 or 40.4% are women. The unemployment rate is 30.5%, with men's share being 29.5%, while the women’s one 32.0%. The economic status of women shows that 69.8% are low paid manual workers, 3.7% are women employers, 4.8% are self employed women, and 21.8% are unpaid family workers.

This only shows that self-employment and employment opportunities offered by the private sector are not utilized by women. This means that in future efforts should be made to raise the interest and build women's capacities, as well as mutual support to take up businesses, thus contributing to solving the unemployment problem and to improving the economic status of women.

During the transition, employment in Macedonia was distinctly extensive, due to which the abundance of cheap labor prevented rational and efficient use of human capital. The shift to market economy only deepened the problem of rational use of labor in terms of quantity and quality, and the privatization process imposed the need for downsizing (excessive employment is estimated to remain at about 30%, prior to the beginning of privatization and structural reforms).

Labor downsizing, rationalization and increased labor efficiency have, according to the official sources, given rise to a significant reduction of the number of registered employed population and change of structure of the labor force.

Table 1 – employed by occupation and gender in the Republic of Macedonia- 1997-2001

Source – State Institute of Statistics