Interview: Aneta Jovevska, senior scientific associate at the Institute for sociological and political-legal research

Even the most democratic states cannot avoid discrimination of individuals or special groups!

Would you like first of all to explain the terms special laws and special groups?
We are talking about the principles of equality and nondiscrimination that are undeniably basic categories of contemporary democracy. Even though the theory offers answers to the dilemmas that these issues open, though, in reality there are numerous unsaid things and problems in their realization. However, we are witnesses every day that even the most democratic countries aren’t immune to problems connected to discrimination of certain individuals or special groups. So, it’s not a coincidence that exactly these questions are in the focus of interest of both the international institutions and the international regulation. These rights focus especially on the protection of the rights of the vulnerable, the marginalized, the deprived of rights and the socially excluded individuals and groups and that’s why it’s recommended to establish an institutional mechanism in every country that will implement their protection efficiently.

In that respect, it is recommended the state to adopt and implement a special law for antidiscrimination. This law would generally regulate the issues connected to discrimination and should forbid differentiating, excluding or restricting on the basis of sex, race, colour of the skin, origin, nationality, ethnic or social origin, language, religion or faith, special needs, age, sexual orientation and political determination or assurance, ownership, birth or any other status. However, the list of subjects that can be discriminated is long. It can be a person, group of people, public government, public and private, national and local organizations in the civil, political, economic, social and cultural sphere, in employment, education, accomodation, as well as the approach to goods, objects and services.

Which of the so-called special groups is most threatened on any basis and for which group a legal regulation should be passed most urgently because of protection of the group?
The provisions of the Law for antidiscrimination don’t presume exclusiveness only for certain individuals or some special groups. But, that doesn’t mean that certain issues which are more specific for special groups, i.e. presume special approach or status, shouldn’t or can’t be regulated with separate, or as you say, special laws. So that issue is opened and passing the special laws will depend first of all on the sensitivity of the needs of every special group but also on their ability to lobby that. Here, for instance, as you know, the Women lobby of RM, with support of other civil organizations, succeeded with their effort in the governmental programme, to include the Law for sex equality as well, which might be passed even before the Law for antidiscrimination. In that context, in identifying the most vulnerable categories, and their needs, the civil organizations can help the most by being efficient to that level in which they will succeed to animate the wider public.

In your legislation so far there haven’t been special laws for protection of special groups nor a general law for antidiscrimination. How do the special groups fulfil their rights in this constellation of laws and do the Macedonian institutions currently have capacity to protect the rights of the special groups?
Republic of Macedonia has ratified a bigger part of the international legal instruments that regulate this problem and which according to the Constitution of RM represent part of the domestic legislation and are directly usable in domestic law. In accordance with this regulation are also the provisions of the Criminal law of Republic of Macedonia from 1996. In it the discrimination is treated as a criminal act for which the forseen penalty is prison, and stricter sanctions are foreseen if the doer is an offiicial person. Also in the Parliament of Republic of Macedonia there is currently a process of ratification of the optional protocols towards the Convention for children rights and the Convention for eliminating all forms of discrimination on women. In that direction, efforts are made for reform of the Criminal law and the Law for criminal procedure, as well as adopting a legal regulation with regard to minor rights according to international standards. We can say that with this regulation Macedonia covers the basic needs for protection of the citizens from discrimination. But, though, because of lots of reasons, in reality the application of the existing laws doesn’t function ideally. That is confirmed by the reports for implementation of human rights in our country, prepared by domestic and international organizations and institutions. In the newest report of UN for Improvement and protection of the human rights that refers to Republic of Macedonia, it is said that in conditions of the future decentralization there is a worry that the local government won’t get enough means from the central government to fulfil efficiently their obligations, with regard to human rights, and that giving a bigger independence to local government, including the mayors and the police, might lead to increased abuse of human rights at local level. Especially it was noticed that the territory of the whole state isn’t properly covered with a net of defenders of human rights which could certainly reflect negatively in the following and protection of the same at local level.

Have concrete researches been done at the Institute for sociological and political-legal researches about the need for passing special laws for special groups and if you have done researches, what are the conclusions?
Unfortunately, the project activities of the Institute are mainly determined with financial help from external customers. In that context, so far we haven’t had a concrete research on this subject, but still from different other projects, elements can be deducted that speak in favour of the need to pass such a legal regulation. From the work with  separate focus-groups, as well as from the results of some survey researches, it can be perceived that besides the legally declared positive status and the protection of the rights of the Roma people, the state still doesn’t show enough proficiency in their realization and the solution of the cases that appeared in the practice. As far as the kinds of direct discrimination are concerned, it can be noticed that because of the sensitivity of the problem these cases are hard to be proved from legal aspect, even when this phenomenon is evident. Also the data from the research show that in Macedonia the information for the list of human rights, that are systematically guaranteed, is not enough and is available only to people with higher level of education. This causes consequences in the practical realization of the rights.

What is your cooperation with  the governmental institutions and do you take into consideration the opinion of the people from the associations that represent the special groups?
There is always space for more intensive cooperation of the civil associations of special groups with governmental institutions. I would like to mention my experience here. Namely, in the preparation of the Law for election of MPs in 2002, as well as the draft law for local elections from 2004, the Women lobby succeeded in obtaining legal obligation of the parties to put 30% female candidates on the lists for national and local elections. Also, the Ministry for Labour and Social Policy with the preparation of the draft-strategy for the Roma people in Macedonia made an attempt with this kind of document to meet the specific needs and problems that this ethnic community permanently faces. Of course, this is just the beginning and everyone has to be engaged in order to articulate the interests, but also to mobilize those that are a relevant factor for finding the final solution.

What should be done after passing the special laws and the law for antidiscrimination so that the foreseen will not remain only on paper but will really be implemented in the real social life?
Of course, that is not a simple issue. First of all, in order to be successfully implemented, this law should provide efficient legal medicine in cases of breaking the law, whether we talk about individual request, request of a legal person or request on official duty. It is recommended the burden of proving whether there was discrimination or not to fall on the person to whom the charges refer. In the end, fair, proper allowance should be foreseen for every person who suffered that kind of discrimination. Beside the legal solutions, it’s necessary to include the civil sector, especially in the phase of monitoring and assessment. All these activities will show a bigger effect in the protection of rights if all the interested parties are informed and trained.


Marija Kuka