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Economic and Social Council UNITED NATIONS E Distr. GENERAL Economic and Social E/C.12/MKD/Q/1/Add.1 Council 23 August 2006 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Thirty-seventh session Geneva, 6-24 November 2006 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES IN ACCORDANCE WITH ARTICLE 16 OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REPLIES BY THE GOVERNMENT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA TO THE LIST OF ISSUES (E/C.12/MKD/Q/1) TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE INITIAL REPORT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA CONCERNING THE RIGHTS REFERRED TO IN ARTICLES 1-15 OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (E/1990/5/Add.69)* [10 August 2006] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.06-43985 E/C.12/MKD/Q/1/Add.1 Page 2 Answers to supplementary questions regarding the review of the Initial Report of the Republic of Macedonia – rights under Articles 1 to 15 of the UN International Covenant on Economic, Social and Cultural Rights Question No. 1 1. According to Article 118 of the Constitution of the Republic of Macedonia international treaties ratified by the Assembly of the Republic of Macedonia become an integral part of the legal order of the country and may not be changed by law. 2. Thus far, there have been no court decisions recorded of direct application of the Covenant provisions in individual cases in the Republic of Macedonia. Question No. 2 3. One of the segments of the Project for Technical Cooperation between the Government of the Republic of Macedonia and the UN High Commissioner for Human Rights is the establishment of a National Human Rights Committee and preparation of a National Human Rights Action Plan. This has not been implemented. Instead, the Project was focused on the human rights education segment. 4. In March 2006, the Government of the Republic of Macedonia adopted a Decision on the establishment of an Inter-Ministerial Human Rights Body. This Body would inter alia make an assessment of the need to adopt a separate Human Rights Action Program, especially in the context of a series of specific, existing action programs in this area. Question No. 3 5. In preparing the Initial Report, the Government of the Republic of Macedonia did not consult directly representatives of the non-governmental sector. On the other hand, publications, materials and explanations from certain non-governmental organizations and experts were used in the preparation of sections under the competences of in line ministries that were later incorporated in the full text of the Initial Report. Question No. 4 6. The National Ombudsman of the Republic of Macedonia, has under its competences, inter alia, the protection of the constitutional and legal rights of the citizens when violated by state administration bodies and other bodies and organizations having public mandate. Thus, the National Ombudsman mediates between citizens and state administration bodies and bodies having public mandate in the protection and exercise of rights and freedoms in this category. 7. In this context, the National Ombudsman institutes proceedings upon applications submitted by citizens and upon his/her initiative and if she/he considers that the application is grounded, issues recommendations, opinions and suggestions to the concerned bodies. Such bodies are obliged to respect these interventions. If not, the National Ombudsman can inform the Minister, Government, Assembly and expose to public criticism any relevant body or official that have violated the citizens’ rights. E/C.12/MKD/Q/1/Add.1 Page 3 8. As regards the activities of the Ombudsman related to violations of economic, social and cultural rights, the following data on the structure of applications filed in 2005 can serve as an illustration: Out of the total number of 3953 received applications, 13,20% are related to property ownership rights, 6.03% are related to urban planning and construction matters, 0,75% are related to environmental protection issues, 10,32% are related to labor rights, 2,10% are related to housing issues, 3,87% are related to social security and protection, 5,57% are related to pension and disability insurance, 1,41% are related to health care and health insurance, 1,24% are related to education issues, 3,08% are related to consumers’ rights, 0,62% are related to financial issues. The Annual Reports by the Office of the National Ombudsman that contain detailed information on the activities of this institution in general and according to categories of rights can be found at the web page www.ombudsman.mk. Question No. 5 Selection and dismissal of judges 9. In accordance with the Action Plan for Implementation of the Justice System Reform Strategy, in December 2005, the Assembly of the Republic of Macedonia adopted Amendments Nos. 20 to 30 to the Constitution of the Republic of Macedonia in the justice system area. The main goal of these amendments is to enhance the independence of the judiciary. 10. These amendments are especially focused on the system for election of judges, which thus far has shown certain deficiencies in the practice. Thus, these constitutional amendments envisage that the election and dismissal of judges is done by the Judicial Council of the Republic of Macedonia, as different from the hitherto solution according to which judges were elected and dismissed by the Assembly of the Republic of Macedonia. Under Amendment No. 28, the Judicial Council is independent, autonomous judicial body, which ensures and guarantees the independence of the judiciary. 11. Furthermore, the composition of this body has been redefined, as well. Hence, this body is now composed of 15 members. The President of the Supreme Court of the Republic of Macedonia and the Minister of Justice are ex officio members of the Judicial Council. The most significant novelty is that judges themselves elect 8 members of the Council from their own ranks. Three members are persons belonging to communities that do not constitute the majority in the Republic of Macedonia, with due care given to the equitable representation of citizens belonging to all communities. 12. However, to balance the relations with the other two branches of power, there is a provision prescribed which ensures that three members of the Council are elected by the Assembly of the Republic of Macedonia. Their election by the Assembly requires majority of votes of the total number of members of the Assembly, and a majority of votes of the members of Assembly belonging to the communities, which do not constitute the majority in the Republic of Macedonia. 13. Furthermore, the President of the Republic of Macedonia has the competence to propose two members of the Council. The candidates proposed by the President are elected by the Assembly. One of the candidates proposed by the President is to be a person belonging to the communities, which do not constitute the majority in the Republic of Macedonia. E/C.12/MKD/Q/1/Add.1 Page 4 14. The Amendments envisage that the Council membership elected by the Assembly, i.e. those proposed by the President are to be from the ranks of law faculty professors, lawyers and renowned law experts. 15. The term of office of the elected members of the Council is 6 years with a right to one reelection. Furthermore, this Amendment envisages that the office of a member of the Judicial Council is incompatible with membership of a political party or with performance of other public offices or profession, as set forth in law. 16. In accordance with Amendment 29, under its competences, the Judicial Council: elects and dismisses judges and lay judges; determines the termination of a judge's office; elects and dismisses Presidents of Courts; monitors and assesses the work of the judges; decides on the disciplinary accountability of judges; has the right to revoke the immunity of judges; proposes two judges for the Constitutional Court of the Republic of Macedonia from among the judges; and performs other duties stipulated by law. In the election of judges, lay judges and court presidents, equitable representation of citizens belonging to all communities shall be observed. 17. Amendment 26 sets forth the grounds for cessation of the judicial office and for dismissal of judges. The term of office of a judge ceases if he/she so requests; if he/she permanently loses the capability of carrying out a judge 's office, which is determined by the Judicial Council of the Republic of Macedonia; if he/she fulfils the conditions for retirement; if he/she is sentenced for a criminal offence to a prison term of a minimum of six months; if he/she is elected or appointed to another public office, except when his/her judicial function rests under conditions determined by law. A judge is discharged when he/she commits a serious disciplinary offense which makes him/her unsuitable to perform a judge 's office prescribed by law; and he/she performs her/his judicial duty unprofessionally and unethically under conditions stipulated by law. 18. These Constitutional provisions are elaborated in greater detail in the relevant laws in judicial area (Law on Courts, Law on the Judicial Council of the Republic of Macedonia and the Law on the Academy for Training of Judges and Public Prosecutors). 19. In the context of election of judges and their independence, the activities for adoption of the Law on Academy for Training of Judges and Public Prosecutors deserve to be underlined.
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