XXIV (81) - 2018 23

constitutional amendments, peace agreement, Ohrid Framework Agreement, inter-ethnic constitutional amendments, peace agreement, Ohrid Framework Agreement, inter-ethnic conflict, post-conflict reform KEY WORDS: sense, agreement’s goals and provisions reached beyond the purpose of peace agreements and goals and provisions reached beyond the purpose of peace agreements and sense, agreement’s underestimated the complexity of the conflicting issues at stake. creation of a functioning multicultural society. On the other side, the procedural and substantive substantive and procedural the On the other side, society. multicultural a functioning of creation hindered In procedural sense, OFA flaws of the agreement undermine its absorbability in the society. terminologyused the substantial In through process. implementation own drafting the its and analyzes its implications on the development of the political system in Macedonia. On one side of the political system in Macedonia. On one side analyzes its implications on the development serves integration and a driving force for the as a criterion for the Macedonian Euro-Atlantic OFA post-conflict constitutional designs shape the state structure through constitutional amendments. state structurepost-conflict constitutional designs shape the through constitutional amendments. reform,Peace agreements as bases for constitutional the article claims, have reformatory but the paper also obstructive implications. Seeing the Ohrid Framework Agreement as a case study, In regions troubled by ethnic based conflict violence often erupts abruptly and severely. Peacemakers, Peacemakers, often eruptsIn regions troubled by ethnic based conflict violence abruptly and severely. articleThe escalation. which conflict in prevent to ways the paths analyzes unconditional follow then, Abstract Stefan Andonovski Framework Agreement” and the Agreement” Framework Constitution Macedonian Constitutional Designs: the “Ohrid the Designs: Constitutional The Effects of Post-conflict of Post-conflict The Effects DOI 10.2478/cirr-2018-0002 XXIV (81) 2018, 23-50 (81) 2018, XXIV ISSN 1848-5782 UDC 342:327.5(497.7) Croatian InternationalCroatian - CIRR Review Relations the people” (Samuels and Hawkins Wyeth 2006). find a way to reconcile the need to tie in powerful elites with the demand the with elites powerful in tie to need the reconcile to way a find and empowers political dialogue fosters a consultative process that for importance of agreement’s self-enforcement in the future. Bearing in Bearing future. in the self-enforcement agreement’s of importance is design mind that every process varies, there a wide-spread urge for the must makers “Constitution and trust. inclusion entail sense of to drafting by the reduction of violence and increase in civility, which allows for civility, which in increase and violence of reduction by the institutionalization of the conflict. The third ambition underlines the constitution designs by analyzing Widner (2008) discusses sets constitutions and peace agreements. “three large data pools of ambitions”. of The first set post-conflict entails durability of the agreement, followed Authors have devised the goals that are usually set in post-conflict that have been set. In essence, the lack of actors’ participation in the participation in actors’ lack of the essence, In set. been have that phase, complicates subsequent implementation dynamics procedural which would lack local ownership. of agreement drafting should include a plethora of societal actors in drafting of agreement Conversely, top-down upon base for reforms. to set an agreed order tend to achieve some, but not all of the goals in drafting procedures and substantial endurance. When setting the goals, agreements ought to ought agreements goals, the setting When and substantial endurance. order for that to be achieved, processes realistically In target the context. freezing”, as freezing”, it will be discussed article, constitutional arrangements in this underestimate the complexity often contained in peace agreements of conflicting issues atstake, both in goal setting, procedural dynamics have long-term implications. Moreover, there is a need for future designs future for need is a there implications. Moreover, have long-term to build on previous successes and avoid missteps. In a rush for “conflict scholars and practitioners to devise “best practice” concepts. It has It concepts. devise “best practice” practitioners to scholars and to draw on synthesized important for practitioners become increasingly that structures designing constitutional approaches before conceptual from escalating into a full-fledgedconflict war. These resolution various paths through towards constitution redesigning have provoked In regions historically troubled by civil wars cases, peacemakers such In severely. and abruptly erupts often violence and ethnic based conflict and politicians often follow unconditional paths to prevent a conflict Introduction

XXIV (81) - 2018 24 XXIV (81) - 2018 25 the article the

, regarding the limits of the constitutional- the of limits the regarding , 1 used interchangeably. In the text the terms “the Ohrid Framework Agreement”, “the OFA”, “the Ohrid Agreement” or “the Agreement” are 1 on the possible lessons that of development the on thoughts as well as some designs, constitutional can be learned for the Macedonian political system. future post-conflict describes the implications provisions, both in terms of the implemented perspective a offers argumentation Finally, the substance. process and of prior to the conflict of 2001. Then,constitutional the with Agreement Framework Ohrid envisioned in the it analyzes the structural remaking amendments adopted in November, 2001. Subsequently, In unfolding the argument, the article describes the socio-political context the article describes the argument, the unfolding In provisions by introducing the paradigm of the “spirit” of the agreement. the “spirit” of the the paradigm of provisions by introducing and infringements political to prone implementation OFA’s made has This biased evaluation. set forth all-encompassing goals. In substantial sense, the Agreement the substantial sense, goals. In all-encompassing forth set overestimated the ability society to absorb its goals and of the Macedonian directly represents the citizens in the country. As discussed As discussed country. later, the the citizens in the directly represents bring to – agreements peace of goals general transcended agreement about end to violence and allow for institutionalization of conflict– and determined in detail the processes and provisions of the constitutional constitutional the provisions of and processes detail the in determined way, a that In process. an inclusive drafting allowing for not remaking, constitutional body that dominated over the only political agreement In procedural sense, the Agreement, through its imprecise terminology its imprecise through the Agreement, In procedural sense, OFA agreement, Being a peace implementation. its own hindered society, and a criterion for the Macedonian integration in the Euro- in the integration Macedonian the for and a criterion society, praised for be should Agreement while the However, institutions. Atlantic be underestimated. should not aspects, its problematic implications these Macedonian Macedonian constitutionalpost-conflict state The Agreement’s structure. multiethnic functioning a of creation the basis for as a widely appreciated Ohrid Framework Agreement Framework Ohrid prominent most the we analyze sense, In that engineering. institutional spheres of influence of the Ohrid Framework Agreement in the In unfolding the argument, the article presents the dilemmas the dilemmas article presents the the of the the argument, In unfolding . . 2 . London: I.B. Tauris. Macedonia and Greece: The Struggle to Define a New Balkan Nation . Without comprehensively analyzing all . Without comprehensively analyzing issues the that 3 Macedonia: Warlords and Rebels in the Balkans Jefferson, North Carolina: McFarland & Company, Inc. More on the name issue see Shea ,J,. 1997. On the underlying factors of the conflict and the conflict itself, a comprehensive view can be seen in Phillips, J., 2002. here are numerous underlying and mobilizing factors that lead to the here are numerous underlying and 3 2 drove the conflict, it is important to discourse political the and noteConstitution 1991 the First, Agreement. thethe with ones that were targeted institutional for which set the terrain were predominantly ethnocentric, T conflict in 2001, but the domestic and foreign actors were not eagerto act preventively only after the conflict. exclusively in that year, are misleading. The complexity of the context, separatism, historic rights, human language, nations, intertwined which sadly spillover heritage, was to be understood momentum, and Balkan (ICG Balkans Report 2001: 109). However, the claims that the conflict in 2001 was unexpected, and that the conflicting issues are to be found multiethnic society at its finest. Ethnic Macedonians comprised 65.3% of 2.5% Turks, ethnic were 3.8% 21.7%, were Albanians ethnic population, the Romany, ethnic Serbs were 2.1%, and 6% were in other ethnic groups. president, Kiro Gligorov, labelled president, Kiro Gligorov, labelled an “oasis of peace”. Being Macedonia a represented Macedonia was complex, structure demographic the that successful multiethnic model of coexistence. Macedonia was trumpeted was Macedonia coexistence. of model successful multiethnic a conflict prevention example, when compared to the ethnic cleansing, first Its region. broader the in destruction social and genocides crimes, war For ten years, the international community perceived Macedonia as a community perceived Macedonia years, the international ten For On the international scene, however, the path towards recognition was the path towards recognition scene, however, On the international neighbors’ unwillingness because of the problem with obstructed, largely of the country to accept the name Republic of Macedonia through a popular referendum. On 17 November November 17 On referendum. popular a through Macedonia of Republic 1991, the Assembly adopted character. and democratic sovereignty Macedonia’s independence, a new constitution, which promoted On 8 September 1991, amidst the socio-political disintegration of Socialist an independent for grounds laid the citizens Macedonian Yugoslavia, Macedonia Leading up to the 2001 Conflict 2001 to the up Leading Macedonia

XXIV (81) - 2018 26 XXIV (81) - 2018 27 . These 4 http://republika.mk/348197 . casus belli More on the problematic issues during the transition period in the 1990s can be seen at issues during the transition period in the 1990s can be seen More on the problematic 4 Third, the spillover effect from the 1999 crisis Kosovo emerged war as and extra-constitutional the drivers. refugee Former Kosovo Liberation Army fighters(UCK), unsatisfied with the conclusion of from the war the large portion of the population. imprisonment of mayors and other prominent Albanian leaders prominent imprisonment of mayors and other eroded of institutional response, further outbursts of violence and the lack the political creating mistrust among legitimacy of the state institutions, Pedagogy illegal, and violently stopped the towns of peaceful Tetovo and Gostivar. The clashes protests with the security forces led in to the the inability to use the Albanian country- serious to in led This lines. officialethnic on discrimination for institutional claims the and communication, wide protests when the government proclaimed the Tetovo Faculty of tongue education, with an accent to the with combined when Albanians was also problematic of representation universities. The institutional designed to represent the societal multiethnic conglomerate, especially the societal multiethnic conglomerate, in designed to represent the with issues were There structure. and education, language, of use the mother- to right system and their school in the Albanians participation of Second, there was a systemic fault in the structure of state institutions, of state institutions, was a systemic fault in the structure there Second, not was administration public The injustices. social the accentuated which conflict it was understood that the Constitution was embedded with these with embedded was Constitution the that understood was it conflict structural injustices, making it a autonomy of Western Macedonia. The ethnic majority, overwhelmed by was not alarmed of the Macedonian independence, the historic moment the of aftermath the Only in Albanian population. the isolation of by the As a result, Albanian political parties boycotted the Referendum and the the and Referendum the political parties boycotted Albanian result, a As constitution adoption. They organized a parallel referendum asking for the Macedonians as a constituent people of the country was seen as was country the people of as a constituent Macedonians the the of promotion by the was invigorated that a notion ethnocentric, leader of the country. Church as a confessional Macedonian Orthodox communication, which was allowed only where other nationalities other where allowed only which was communication, of position central the local level. Also, on strictly majority a large were democracy and proclaiming fundamental human rights and freedoms, freedoms, rights and human fundamental and proclaiming democracy was insufficiently inclusive for the ethnic minorities. That lack of inclusion was especially felt in the realm of the use of another language in official and and structural injustices. The Constitution, while establishing a liberal

. 5 http://www.nytimes.com/2001/06/07/world/macedonia-threatens-to-declare- . The peak of the escalation happened in June, in happened escalation the of peak The . 7 . As the crisis the Macedonian escalated, it was clear that 6 http://news.bbc.co.uk/2/hi/europe/1317049.stm seen at state-of-war-against-rebels.html Americans, cut it off and prevented them from flying outside the borders of a single state. The analysis can be seen at seen be can analysis The state. single a of borders the outside flying from them prevented and off it cut Americans, http://bit.ly/2HtkUpS unification of all the territories where the Albanians live. But international officials, according to them, especially the More on the issue can be seen at Most prominent in his discourse was the NATO Secretary General, Lord George Robertson. More on the issue can be In a televised interview, one of the activists in KLA and NLA claimed that The Kosovo KLA had other goals, i.e. 7 6 5 Security Policy, arrived in Skopje in order to expedite a negotiation process negotiation a expedite to order in Skopje in arrived Policy, Security a full-fledged civil war. before the conflict turned into the country counter-attacked the security escalation. to prevent further in order international community to intervene forces. This prompted the and High Representative for Common Foreign EU Javier Solana, then (KFOR) bases. After a combined actions by the Macedonian police and combined actions by the a (KFOR) bases. After while their cells throughout village, in the remained NLA army, the the democratic Macedonia” democratic few kilometers only the village of Arachinovo, captured the NLA when away from the capital Skopje, the international airport and the NATO authorities are unable to identifying government, elected the supported unanimously community swiftly outgun the thugs whose objective is to destroy a the rebels as “bunch of murderous NLA. The international and religious buildings in cities where Macedonians were the dominant dominant the Macedonians were and religious buildings in cities where population order to disperse the terrorist groups, countered with heavy artillery in the with countered groups, terrorist disperse the to order conflicting pockets. Ethnic Macedonians, outraged by NLA’s for claims on innocent ethnic Albanians and the killings, took “liberated territories” and freedoms. When in April the NLA killed a number of Macedonian Macedonian of killed a number NLA the in April When freedoms. and crisis soldiers, a severe forces, in unfolding. Macedonian security started Liberation Army (NLA) occupied small villages in western Macedonia. The Macedonia. western in villages small occupied (NLA) Army Liberation Albanian rebels at first demanded territorially cleansed Albanian towns rights human pledges for subsequently pivoted towards and villages, and The conflict started in the spring of 2001, when the so called National claims. claims. Their proclaimed goal was the “re-creation Albania, Macedonia, of part western include the would which (“Ilirida”), of Great Albania” parts of Montenegro Kosovo and on Kosovo, expressed their irredentist and overtly nationalistic territorial territorial nationalistic overtly and irredentist their expressed on Kosovo,

XXIV (81) - 2018 28 XXIV (81) - 2018 29 minorities, integration of the country in the European Union and NATO, The objectives and the principles of the Agreement were set highly. OFA for respect secure to but violence, erupting the stop only to aimed not amendments of the constitution, the needed changes in laws and the needed the constitution, amendments of the implementation of the Agreement. (Articles 3 and 7); Regulations relating to minorities (Articles 4 and 5); and and Viciska 6)” (Czymmeck (Article languages Education and use of 2011: 75). Moreover, it contains three annexes that regulate in detail the “The Ohrid Framework Agreement Securing peace (Articles 1 and is 2); Decentralization and use of emblems structured around four areas: the Albanian block. The international community representatives, who of the signing ceremony. drafted OFA, acted as witnesses OFA’s signatories were the President of the Republic of Macedonia, and parties from the Macedonian and the leaders of the two predominant signed the Agreement, after prolonged and intense negotiations in negotiations intense and prolonged after Agreement, the signed Ohrid. Although a compromise between the two parties of the conflict the National Liberation Army (NLA) - – Macedonian security forces and On 13 August 2001, in Skopje, the Macedonian political representatives NATO, OSCE and EU representatives combined strategies of support and non- the accept to actors the induce to order blaming in and shaming conflicting issues. violent alternative of dealing with NLA rebels and the officials. The international community pressure puton all a strong parties to find an alternative to the escalating violence. OSCE representative Robert Frowick, and the Dutch diplomat Pieter Feith. Pieter diplomat Dutch the and Frowick, Robert representative OSCE While Pardew and Leotard negotiated the issues with the Macedonian the as intermediaries between acted Frowick and Feith political actors, resolution. The mediators ,formally facilitators, in the political negotiations included James Pardew, a US diplomat, and a representative from the EU – Francois Leotard. The facilitation process was assisted by Solana, the The negotiations included a created the plethora necessary procedural of dynamics needed international for actors, the conflict who The Ohrid Framework Agreement (OFA) Agreement Framework Ohrid The model, the model, quid pro quo quid pro of democracy, without engaging in engaging without of democracy, consociational model This Framework will promote civil development of while respecting the ethnic identity society the peaceful and (Ohrid Framework of all Macedonian citizens.” and the interests harmonious Preamble) Agreement 2001: “The following points comprise an agreed framework for securing for framework agreed an comprise points following “The permitting the democracy and Macedonia’s of the future between relations integrated more and closer of development community. Euro-Atlantic Macedonia and the the Republic of of its complex provisions. Essentially, the Agreement generally followed of its complex provisions. Essentially, generally the Agreement Lijphard’s treatment of all, established a principle of bi-ethnic consensus on sensitive consensus on all, establishedbi-ethnic of a principle of treatment full implementation aid for substantial foreign questions, and pledged for gained high degree of autonomy by broadening the rights for local self- for rights the by broadening autonomy of degree high gained and decentralizing state powers. Finally, governance the Agreement stressed the conceptual significance of non-discrimination equal and demands, the Agreement recognized the territorial unity of the country of the unity territorial the recognized demands, the Agreement step, the Albanian side As a counter within its borders and its sovereignty. for power-sharing and inclusion of minorities as the only path towards a towards only path minorities as the of and inclusion power-sharing for issues.” ethnic to solutions territorial no are “There – democracy functioning (Ohrid Framework Agreement 2001: Article 1.2). Based on Macedonian the Parliament” (Maleska 2005). On one side, the Agreement established only be made by political can country in the reforms democratic that it stressed the importance of the mechanisms one, means On the other is unitary state … but ethnic Albanians of veto in especially a large right on the local level, and have obtained are increasing their influence, integration of the country. Additionally, using a country. of the integration Agreement draw on the demands of the two conflicting parties. Authors suggest that “the Ohrid Peace Agreement is a compromise: Macedonia envisioned to add value to the democratic ambient in the country, ambient in the democratic the envisioned to add value to civil society, and drive the international protect human rights, promote its democratic future by assisting its integration to the Euro-Atlantic future by assisting its democratic its integration the goals of the diversity. Evidently, ethnic promoting and institutions peace framework strived for more than peace and prosperity. They From the Preamble it was Macedonia’s existence. Then, clear the goal was that to guarantee and OFA’s develop first aim was to secure preamble of the Agreement, containing those goals, stated: stated: goals, those containing the Agreement, of preamble and and democratic development of the country in different spheres. The

XXIV (81) - 2018 30 XXIV (81) - 2018 31 . It set consociational features as a basis the for . It set consociational features integrative model integrative of fundamental institutions, and the provisions that regulate the local self- the regulate that provisions fundamental institutions, and the of government. procedures, the institutional representation of minorities, official usethe functioning the national heritage, languages, religious organizations, of amendments to the Constitution, drawing on the provisions stated in the in provisions stated the on drawing Constitution, the to amendments the to amendment the was issue contested most The OFA. the of A Annex Preamble of the constitution, as well as the amendments on the voting The Macedonian Assembly, by November 2001, passed the demanded Constitutional amendments all the signatories, the Agreement paved the way for a broader reading a broader way for paved the Agreement signatories, the all the and introduced its intangible “spirit”. of its purpose in the political system of violence, transformation of conflict and implementabilityof a durable Euro-Atlantic for aspiration the 2008). By adding (Widner agreement goal for of civil society as a common development and the integration common trans-ethnical goals. However, the goals that were envisioned common trans-ethnical goals. However, usually agreements peace of drafters aspirations which the beyond went set in post-conflict constitutional designs,which focus on the secession and an of integrative aspects but also promoted structures, new constitutional reaching common goals, especially underlining the goals of Euro-Atlantic goals of the especially underlining goals, common reaching integration and promotion of civil society. That a blend between a purely consociational offered Agreement Framework meant that the Ohrid The goals set forth in the preamble of the agreement transcend the pure actors for among cooperation model and pledge for power-sharing Strong bicameralism; 8. Constitutional rigidity; 9. Judicial control (revision); control Judicial 9. rigidity; Constitutional 8. bicameralism; Strong 97-105) of central bank”. (Lijphart 2003: 10. Independence decentralized decentralized government. The power is shared between (federal) government and the federal units in the composition thereof; 7. the central coalition coalition cabinets; 2. Executive-legislative balance resignation of of the power government; 3. without Multiparty system (not two-party); Proportional representation; 5. Interest-group corporatism; 6. Federal and 4. federalization federalization and bicameralism – “1. Executive power sharing in broad http://bit.ly/2I1cxyW . After a prolonged debate, an intermediate solution was a prolonged debate, . After 8 people, as well as citizens living within its borders who are part are who living within its borders as well as citizens people, of the Albanian people, the Turkish people, the Vlach people, and Bosniak people the people, Romany the Serbian people, the others…” “The citizens of the Republic of Macedonia, the Macedonian More on the discussion for the amendments to the Preamble see at for the amendments More on the discussion 8 part of the constituent conglomerate. equally important pillars of the country. However, the list of communities is communities list of the However, country. the pillars of equally important minorities, registered 20 than more excludes “others” term The incomplete. being not of grievances their expressed years subsequent in the which democratic achievement worth noting. It stresses the rights of the citizens citizens the of rights the stresses It noting. worth achievement democratic ethnicities the making communities, the rights of accompanied with the The promotion of several a majority is a citizens as Macedonian the for primary position the constituent peoples of the country and achieved. As such, Amendment 4 contains nation, civic and binational civic and nation, 4 contains Amendment such, As achieved. state elements, stating: “citizen approach” was severely criticized by politicians, “citizen approach” was severely experts and the general public rights conceptualized as a general rule in the agreement. According as a general rule in the rights conceptualized disappeared people and nation Macedonian the scholars, some to as an ethnic category, as well as a sociological one. (Skaric 2004) This taking over responsibility for the present and future of their fatherland,…” their of future and present the responsibility for over taking This version of the preamble embraced the concept of individual rights. with collective and communities’ was in contrast However, this approach civic concept, not specifying an ethnicity. Therefore, Agreement Annex begins A with: of “The the citizens of the Republic of Macedonia, Macedonia”. This mono-national formula did not consider more than 30% than more consider not did formula mono-national This Macedonia”. of the population in the country as constituent people. Therefore, based the entailed Agreement the Albanian signatories, the from demands on co-existence with the Macedonian people is provided for Albanians, Albanians, for is provided people Macedonian with the co-existence Turks, Vlachs, Romanies and other nationalities living in the Republic of the preamble – the concept of national state of established as a is stated that “…[M]acedonia preamble national state. The 1991 Constitution citizens and permanent full equality as which in people, Macedonian the Amendment Amendment 4 of the constitution modified a crucial component of

XXIV (81) - 2018 32 XXIV (81) - 2018 33 .” The procedure would affect future amendments to the 9 Constitution of the Republic of Macedonia: Amendments 10, 11, 12, 13, 14, 15, 16, 18. Republic of Macedonia: Constitution of the 9 a function of demographics and not of symbolic recognition of status, recognition of symbolic of demographics and not a function a meant that Albanian language which was granted was the only other tacit officialization. The use of the second official language was to be in spoken by 20 percent of the according population to that is article also of the an constitution. The official 20 language percent threshold, According Amendment 5 of the Constitution, the official language of the of language official the Constitution, the of 5 Amendment According of territory whole the within used shall be which is Macedonian, country In addition, any language the country and international correspondence. The third substantial sphere where was the use of languages on central and local level. a change brought the Ohrid Framework Agreement inclusive debate among representatives on sensitive issues, but has not representatives on inclusive debate among issues. caused major blockades on crucial the minorities” (Skaric, Siljanovska-Davkova 2009). However, this fear was has enabled an procedure voting new because the unfounded, proved were to ensure that there could be no “tyranny of the majority” when the when majority” the of “tyranny no be could there that ensure to were minorities. questions that are sensitive to the ethnic Assembly decides on of a “tyranny into could turn that this amendment scholars feared Some Security Council of the Republic of Macedonia, the Judicial Council and Judicial Council the Macedonia, Republic of the Council of Security the Constitutional Court judges. The voting procedures amendments citizens under the law; the freedom of religious confession; the protection the confession; religious of freedom the law; the under citizens of identity; the protection of the national Relations, the (Ombudsman), Council for Inter-Ethnic Attorney the heritage; election of Public constitution and laws that regulate: local self-government organization; culture and education, personal documentation, the use of language, use of symbols; the fundamental values of the country; the equality of who belong to the communities not in the majority of the population of population majority of the in the not communities the to belong who Macedonia communities of the country shall majority vote [or an the country require a two-thirds communities of within which there of representatives, total number the absolute vote] of representatives of number total the of votes the of a majority be must representatives plus one), and the qualified majority vote (two-thirds of the of (two-thirds vote majority qualified the and one), plus representatives “a law to these amendments, According representatives). the that affects established established a new form of minority veto. Amendment 18, together with to the communities, spheres of interest the that regulate amendments added an additional obstacle to the absolute majority vote (50% of the The second structural transformation is the voting procedure, which http://pretsedatel.mk/mk/2011-06-17-09-55- . This lack of understanding between 11 . The opposition coalition and the President, 10 The President put a veto on the adopted law claiming that it infringed articles of the constitution and had other The full proposal can be found on http://bit.ly/2r1WEki 07/2011-07-19-10-40-39/4754.html procedural and substantial anomalies. For full review of the veto see veto the full review of and substantial anomalies. For procedural

11 and modernization of the public administration. 10 administration jobs. However, the implementation of this provision, as implementation the administration jobs. However, discussed later in the article, negatively affected the professionalization employment within such bodies, while respecting the rules concerning employment within such bodies, reform The administration.” public govern that integrity and competence access of disadvantaged communities to public an increased allowed for administration will equitable representation include measures to assure of communities in all central and local public and at all bodies levels of ethnic structure of the population in the central government and the population in the central government of the ethnic structure paragraph In 176). 2009: Siljanovska-Davkova (Skaric, general” in life public 4.2. of the OFA it is stipulated employment in public that “Laws regulating public administration agencies, which became part of the fundamental which became part of the public administration agencies, Constitutional values. “The purpose the Amendment 6 was to reflect the Agreement can be implemented. The fourth sphere lies in the concept of equitable representation in all the societal actors demonstrates that the Agreement is prone to various various to is prone Agreement the that demonstrates societal actors the political interpretation and shows the conflicting directions in which the in an attempt to block the adoption of the law, put a suspensive veto and veto suspensive a put law, the of adoption the block to attempt an in and unconstitutionality Law’s stating amendments, 30,000 than more filed the violation of OFA’s provisions importance for the integration to the European Union. As a result, the Law As a result, Union. to the European integration importance for the Macedonian legal system with the the law that integrates is proposed as a Union European the of one correspondence. correspondence. This law calls upon and Agreement’s Agreement Framework Ohrid given by the language the right for a second official political system. The imprecision in the article allowed the parliamentary Albanian language the use of the law extending majority to propose in all spheres, making it a second official language in all institutional from the former 50 percent. However, the scope of the usage was left for usage was left the of scope the However, 50 percent. the former from Macedonian the to causes disturbances which nowadays interpretation, using the language in communication with the public administration, and and administration, public with the in communication language the using education. The change in this sphere is with regards to the percentage percent 20 to threshold decreasing the usage, the of scope and the spheres of concern for the minorities, such as: issuing personal documents, documents, personal issuing as: such minorities, the for concern of spheres

XXIV (81) - 2018 34 XXIV (81) - 2018 35 . (2008) Skopje: Friedrich One Decade after the Ohrid Framework Agreement: Lessons (to be) (2011), Skopje: Friedrich Ebert Stiftung and Center for Research and Policy and Research for Center and Stiftung Ebert Friedrich Skopje: (2011), Scholars have predominantly followed a path Scholars have predominantly followed

12 . Power Sharing and the Implementation of the Ohrid Framework Agreement See Beiber F. Ebert Stiftung, Risteska M, Daskaloski Z (eds) Experience Macedonian the from Learned Making.

the Macedonian political system. The idea is to underline the prospects 12 analyzed so far. With a goal to add value to the discussion, the article the discussion, analyzed so far. With a goal to add value to the critically observes some of the crucial implications for of the agreement stable peace to Macedonia in the last seventeen years, remains to be to remains years, last seventeen the Macedonia in to stable peace social inclusion. and communication amicable inter-ethnic base for the However, some of the procedural and substantial flaws have not been of unconditional appraisal for the constitutional reform derived from the of unconditional appraisal reform for the constitutional a which has brought clear that the agreement, It is Ohrid Agreement. The complexity of the constitutional amendments and their effects are a widely debated topic of the citizens in the functioning of their municipalities, and created an municipalities, and created their of functioning in the citizens the of decisions by the people concerned. opportunity for making relevant the scope of functions of the the development of a decentralized governing a basis represent for local self-government. These provisions participation direct the ensured amendments The level. local a on system Finally, Amendments 16 and 17 regulate the voting procedure and Community Relations, the Assembly strengthens the focus on intercultural focus on the Assembly the strengthens Community Relations, the to solutions recommend is to obligation Committee’s dialogue. Assembly for inter-ethnic questions. These two amendments promote the social respecting their diversity religious groups in the country, communities and inclusion of the different Inter- for a Committee creating By cultural heritage. and historical and artistic heritage of Macedonia and all communities in Macedonia and and all communities in Macedonia Macedonia of artistic heritage legal status”. their regardless of it is composed, which of treasures the communities and groups are separate from the state and equal before state the separate from are and groups communities the law”. Furthermore, Amendment 9 obliges the state to “guarantee[s] historical and the of and enhancement promotion, protection, the as the Islamic Religious Community in Macedonia, the Catholic Church, Catholic the Macedonia, in Religious Community Islamic as the Religious and other Community Jewish the Church, Evangelical Methodist Constitution, protects the freedom of religious thought and expression expression and thought religious of freedom the protects Constitution, of religious beliefs. Amendment 7 begins by setting an equal footing for the religious organizations: “The Macedonian Orthodox Church, as well The fifth transformation, which includes Amendments 7 and9 of the . By . 13 http://eur-lex.europa.eu/summary/glossary/accession_criteria_

Accession criteria (Copenhagen criteria) - criteria) (Copenhagen criteria Accession copenhague.html

13 with a positive long-term effect on their integration. Today, it is clear that establish peace and purpose – to primary has fulfilled the agreement the strengthening the minority rights, the society has embraced a dynamic the minority rights, the strengthening approach of building modern multicultural democratic minorities protect a plethora of measures to Assembly has undertaken structure. The which Macedonia can adhere to the EU Copenhagen political criteria, the EU Copenhagen to which Macedonia can adhere the rule democracy, which require “stability of institutions guaranteeing minorities“ of protection and for respect and rights human law, of democracy and rule through of mechanism law the is in Agreement the the country” of implementation (EC the Progress Therefore, Report 2012). principles is integration in the a crucial criterion for the Macedonian European Union and NATO. According to for essential element an remains Agreement Framework Ohrid “[t]he the European Commission, In perspective, the implementation of both Agreement’s articles and Agreement’s both of implementation In perspective, the a detailed and multi-pronged analytical perspective. Therefore, in order essential to understand the formal and to draw practical solutions it is substantial implications of OFA. a sustainable multiethnic society with equal treatment for every citizen. every for society with equal treatment a sustainable multiethnic demands Agreement Ohrid Framework complexity of the the However, political sphere the Agreement is seen rather deterministically, from two from deterministically, rather is seen Agreement the political sphere view it as an population the of percentage One viewpoints. extreme have considered OFA a frame for building act of treason, and others reforms by some of the Albanian political entities, while others stress its stress others while political entities, Albanian the of by some reforms In the Macedonian the demanded set of transformations. inability enforce The implications of the constitutional amendments are a deeply contested contested deeply a are amendments constitutional the of implications The and political Macedonian and Albanian population issue among the elites. In political discussions, the agreement is seen as a driver for beneficial Implications of the constitutional amendments constitutional of the Implications derive some lessons for similar endeavors. for similar lessons some derive for the implementation of the Agreement in subsequent years, and to and to years, in subsequent the Agreement of implementation for the

XXIV (81) - 2018 36 XXIV (81) - 2018 37 . Yet, with the impreciseness in impreciseness the with Yet, . public life . In that sense, when drafting the provisions, peace negotiators . In that sense, when drafting the 14 Paragraph 10.2., Ohrid Framework Agreement.

14 Agreement was insistent on the principle of equal representation of equal representation principle of the was insistent on Agreement the all levels in on communities ‘public term areas that the are the what it became unclear wording, the government, partnerships etc. However, none of them are differentiated them are of none However, partnerships etc. government, the discussed later, will be it As agreement. the in used categories into body’ or ‘public institution’ have an unspecified meaning. In Macedonia, In meaning. unspecified an have institution’ ‘public or body’ there are numerous institutions that have public local self- the agencies of agencies, government public enterprises, character, including: clear whether it includes the Macedonian ethnic community or only it includes clear whether national minorities”. (Skaric 2004: 96) Moreover, phrases such as ‘public because in Macedonian, its meaning is imprecise both conceptually conceptually is imprecise both its meaning because in Macedonian, and contextually. The dilemmas were if the term was to represent a local it is not community, ethnic an to “If it refers one. ethnic an or community the “spirit” of the agreement. As a result, there have been dilemmas have been there As a result, agreement. the “spirit” of the used in the legal terms of meaning in the differentiation the from emerging ‘community’ was a dispute on the term instance, there For Agreement. the implementation reforms were complicated because the English the implementation reforms and of the provisions basis interpretation for only agreed version was the the continental and common law systems. In accordance with the 1991 and adopted in drafted be had to Ohrid Agreement the Constitution, Macedonian, as the only official language in the country. Additionally, English did not fully between legal terms in take into account the differences constitutional rearrangement. is only authentic version one written in American the Ohrid Agreement’s to vote according to the decisions of the signatories. Thirdly, OFA implicitly OFA Thirdly, signatories. the of decisions the to according vote to pressure for to future in the armed groups for established a leeway agreement written in English was used to amend a constitution adopted adopted a constitution amend was used to in English written agreement in Macedonian, creating serious implementation deficiencies. Secondly, Assembly the elected representatives in popularly forced the Agreement However, there are three debatable aspects debatable the procedural in terms of there are three However, Firstly, a political and its formal endurance. in the Agreement complexities it has offered basis for development of human rights and transformation and transformation rights human of development basis for offered it has of conflict. to end the violent conflict. By providing inclusive institutional procedures, amendments, flagrantly violating Article 62 of the constitution. This meant This constitution. the of 62 Article violating flagrantly amendments, These provisions represented an obligation for the signatories to pressure the of adoption assure an to Assembly in order peers in the their adoption of these amendments Framework Agreement.” within 45 days of signature of this “The constitutional amendments attached at Annex A will be presented to the Assembly immediately. The parties will take all measures to assure and amend the constitution, as stated in the Agreement. According to According as stated in the Agreement. and amend the constitution, Paragraph 8.1: circumventing the Assembly. The in the Constitution, stipulated in provisions that would be incorporated signatories agreed on discuss to had representatives the that meant This OFA. of B and A Annex the exact as adopting laws and giving an authentic interpretation of laws. OFA of interpretation authentic an giving laws and as adopting it proposed changes of the constitution disrupted this concept because in accordance with his/her personal to Article convictions.” 68, line 1 Finally, and 2, according the Assembly is the as well constitution, the adopting and changing that is responsible for only constitutional body body of the citizens and the legislative body of the citizens and the legislative of the Republic power is vested [in the Representative “the 62 states that Article importantly, More in it.” Assembly] decisions represents the citizens and makes in the Assembly process of constitution amending. The Constitution in Article 61 stipulates that “The Assembly of the Republic of Macedonia is a representative Another procedural implication is that the provisions of the Agreement Agreement the provisions of the implication is that procedural Another to vote according elected representatives in the Assembly forced popularly unconstitutional an creating thereby its signatories, of decisions the to poses an obstacle to the meaningful implementation. poses an obstacle debate if the areas would include private companies which affect public companies which affect public areas would include private debate if the Such universities, etc. facilities, private health and cultural private sectors, Agreement the in used legal terminology the that ambiguity demonstrates extended extended to all public areas. Those public areas are numbered law, but the in scope of the usage the remained unclear. There is a continued to a substantial implementation. Specifically, the anomalies came into spoken language of use the on Law aforementioned the with practice by 20% of the population, where the use of the Albanian language is life’ encompasses. In practice, these formal anomalies were a burden a burden were anomalies formal these practice, In encompasses. life’

XXIV (81) - 2018 38 XXIV (81) - 2018 39 through violence legitimize the use of force by radical groups for fulfillment for groups radical by force of use the legitimize violence through of their political agendas? The dilemma was soon put into practice with so the nationalist requests are enhanced”. (Vasović 2003: 43) In that sense, that In 43) 2003: (Vasović enhanced”. are requests nationalist the so this critical implication poses a dilemma: Can amendments achieved constitutional amendments. This set forth a negative example, using which using example, negative a forth set This amendments. constitutional future rebels and/or terrorists could demand systemic political changes. cost-effective is conflict the that assessed is it when appears problem “The constitution remaking. Instead of pursuing constitutional transformation remaking. constitution through institutionalization of the conflict, the agreement, by honoring into put be to violence with proposals reached allowed rebels’ demands, transparent and inclusive OFA tacitly legitimized and inclusive procedure, transparent amending in engage to parliament the pressuring way of as a violence of use the of all in the implementation phase.As a third procedural implication, OFA procedural a third phase.As implementation the all in of to pressure implicitly in the future established leeway for armed groups a provided Constitution While the rearrangements. constitutional for the quality of the amendments. Moreover, the inclusion of an aggregate of an aggregate inclusion of the Moreover, amendments. the quality of the participation meaningful public debate would have led to in a fruitful actors and inclusive debate on the constitutional arrangement, it would have and inclusive arrangement, debate on the constitutional procedure. amending all-encompassing constitutional an allowed for increased have would and peace guaranteed have would process Such phase. Conversely, if there was a phased process envisioned, in which the which in envisioned, phased process was a if there Conversely, phase. of violence followed by a prolonged prime goal would be the secession in governance, and traditional checks and balances are likely to be very and balances are likely to and traditional checks in governance, Wyeth 2006). weak” (Samuels and Hawkins Essentially, exclusion from lack of ownership in the implementation the drafting process later led to quality of the text and the legality of the procedure. Authors argue that argue Authors procedure. the of legality the and text the quality of peace is where contexts vital in these particularly choices are “Informed be inexperienced to leaders tend sharply divided, are fragile, populations professors, practitioners and experts. The lack of public debate design, affecting both the choices on the new constitutional uninformed led to amending. In the rush to appease the conflicting sides, the drafters did in have a say to representatives parliamentary the elected allow not the process. The approach also excluded civil society activists, university the free decision of the popularly elected representatives. This top-down of constitution and legal process an inclusive allow for did not approach that directly represents the citizens of the country. Without questioning the questioning Without the country. of the citizens represents directly that amendments, constitutional the towards representatives the of attitude constrained level, “higher” a on was made decision political a that fact the that a political agreement dominated over the only constitutional body body constitutional only the over dominated agreement a political that .” The fact that 15 http://bit.ly/2qX4LPn One of the leaders of the group – Commander Malisheva – wrote a letter from the prison in Stip explaining the purpose of their entrance to Kumanovo and the organized clash against the Macedonian security forces. More on the issue in issue the on More forces. security Macedonian the clash against organized the and Kumanovo to entrance their of Macedonian see at

15 regulated the process of employment of the minority communities, stating regulated the process of employment of the minority communities, 500 that ensuring to committed [are] parties the […] steps initial “[a]s that good, through allocation of quotas doubles the administrative posts and doubles the quotas allocation of through good, public expenditures”. (Orlovic 2015) The Agreement itself, in Annex C, the public administration. Such implementation has demonstrated the demonstrated has implementation Such public administration. the Agreement. the “absorb” to society Macedonian the of unpreparedness Orlovic asserts that “Proportional representation, although essentially Domestic and international actors pushed for expedited implementation Domestic and international actors all levels of minorities on of equitable representation for principle the of implication of public of the aspects such as the selection administration of the Agreement. and the paradigm of the “spirit” which were discussed in the previous section, some of OFA’s provisions also OFA’s of some previous section, discussed in the were which the we analyze Here, implementation. caused practical problems in their future, development of closer and integrated relations with Euro-Atlantic relations with Euro-Atlantic closer and integrated development of future, development of the civil institutions, peaceful and harmonious society goals the from all. Apart of interests the and identity ethnic for respect and overestimated the ability of the Macedonian society to absorb the all- absorb the to society Macedonian ability of the the overestimated encompassing solutions. The set goals went beyond stopping and escalation de- of the violence. They also entailed securing the democratic In substantial sense, the agreement, in its goals In substantial and provisions, sense, the agreement, sharing solutions and secession of violence. Such agreements would be would agreements Such violence. secession of and solutions sharing of revoking by strengthened changes, by phased democratic followed actors. to armed radicals by all societal the political support infrastructural destruction. The alternative to the swift top-down approach top-down swift the to alternative The destruction. infrastructural would entail preemptive power- demands, groups’ which includes armed is undermined by the Agreement’s unconditional admirers. The political the political who use violence to change support for groups system has both politically shown to be costly, lives and with regards to human and alleged discrimination against Albanians in Macedonia against discrimination alleged democratization for as an instrument be accepted should never violence outbursts of violence in the following years. For example, in the clash with clash in the example, years. For in the following violence of outbursts “for fighting pledged terrorists the 2015 in Kumanovo in forces security the the and Agreement Framework of the Ohrid of the disintegration the issue the platforms used by outlaws from the former KLA and NLA during the during NLA and KLA former the from outlaws by used platforms the

XXIV (81) - 2018 40 XXIV (81) - 2018 41 can be broken only by only can be broken circulus vitiosus polarization in the society. There are two most evident examples. First, in approach, which reads the agreement through the lenses of a socio- the lenses of through reads the agreement which approach, political context. This politicization of as interpretation a source of constitutional law, drives further the ethnic the provisions and their broad agreement’s provisions as they are written in the text, without deriving text, without in the provisions as they are written agreement’s is a broader side, there other and guiding motives. On the mantras Regarding the “spirit” of the Agreement, there have been two contesting two have been there the Agreement, of the “spirit” Regarding interprets approach legalistic side, a more approaches. On one sector, which should remain the primary employer. Therefore, it is essential is it Therefore, employer. primary the remain should which sector, be its counterpart. for OFA to inspire this trend, not to process of modernization. The workforce. the of by professionalization driven progress, solid economic private in the innovative measures be driven by the would progress Such function – to serve the citizens. This implication an effective society enters can only be absorbed if the Agreement demonstrates that the (Yearly Report on the employed in the public sector 2017: 28). With more than 6% of the population employed in the public administration, there is to perform its primary a clear lack of capacity of the administration According to the Ministry of Administration, on 31 December 2016, 129,653 2016, December 31 on Administration, of Ministry the to According people were working in one of the 1,291 public institutions in Macedonia have no clearly defined jobReport 2011: N°212). description, office or equipment” (CGE that jobs in public institutions have been awarded to party loyalists on loyalists party to awarded been have public institutions in jobs that both sides, replacing more qualified professionals. “Hiring Albanians also many new employees “box ticking exercise” in which risks becoming a on ethnic basis contradicts the criterion for professionalization of the public professionalization for the criterion on ethnic basis contradicts comment Authors integration. EU for platform the in set administration, have to be continued, because of the imbalance between the number imbalance between the number because of the have to be continued, Albanian the to belonging persons of number the and employed the of community in Macedonia”. (Skaric 2004: 104) However, the employment the public the public not been met. Authors demands have but the full administration, in the public of Albanians the trend of “inclusion argue that will institutions of Macedonia would be hired and trained by July 2002, and 500 additional additional 500 and 2002, July by trained and hired be would Macedonia of Agreement, the Since 2003”. July by trained and hired be will officers such of all levels increased on been has representation communities’ minority new police officers from communities not in the majority in the population population the in majority the in not communities from officers police new . Under 16 The full text of the “Tirana Platform” can be found at http://netpress.com.mk/wp-content/uploads/2017/03/1AB.jpg “Tirana Platform” can The full text of the

16 principle in separate schools, divides cities and communities. Albanians principle in separate schools, divides cities and communities. Albanians universities where study in their own elementary schools, graduate from teaching is exclusively in Albanian, which significantly decreases the elementary schools, affects the secondary education, and peaks on education, secondary affects the schools, elementary universities. The strict implementation of mother-tongue education of the people on ethnic lines. This threatens and divergence “[is] rather concept the society. Some state that severe division within the separation than integration” (Orlovic 2015). This divergence starts from Rights based solely on ethnic belonging further drive the polarization the drive further belonging ethnic Rights based solely on hand, the rule of law represents a principle without which there can be which there a principle without hand, the rule of law represents society in system and the political the of meaningful democratization no general. autonomous power of the Agreement and its superordinate position over and its superordinate Agreement the of power autonomous other the On law. of rule principle of the undermines constitution, the the promotion of the Albanian language etc. This type of extending the to all forms of elections and decision-making “spirit” of the agreement the In essence, insisting on political future. Macedonian complicates the finances regarding municipalities, affirmativefor institutions central of creation institutions, cultural the Albanians in measures for financing be accompanied with the use of the Albanian language as an official emblems, state on army, in the including its use language, constitutional public demanded in the Finally, changes were use its international Platform”, based on the spirit of the Ohrid Framework Agreement Framework Ohrid the of spirit the on based Platform”, pledged for signatories the Albanian prime minister, the of auspices the a bi-national reengineering of the constitution. The redesigning would Second example of such extension of OFA’s spirit was evident early in early was evident spirit OFA’s of extension such example of Second “Tirana called so the signed Macedonia from leaders Albanian when 2017, president because of the lack of votes from the Albanian community. of the lack of votes from the president because new would require consensual election demands for their Meeting in OFA. that was not agreed something the constitution, amendments to elections with the majority of votes of all of votes of with the majority elections the as regulated by citizens, elected the legitimize not would it that stated ,DUI, party The constitution. block asked for a concept of consensual election of the president of the of the president of election consensual of for a concept asked block democracy the spirit of consensual to them, with, according in line country, popular direct on is elected president the Until now, in OFA. envisioned the last presidential elections, the ruling political party from the Albanian Albanian the from party political ruling the elections, last presidential the

XXIV (81) - 2018 42 XXIV (81) - 2018 43 of politics and policy making on all levels. of politics and policy anniversary of the Ohrid Framework Agreement. Agreement. Framework Ohrid the anniversary of th multiethnicization the particularities of the Macedonian society and political considerations. and society Macedonian the particularities of the a generalized conclusion processes make devising those Even though amendments are complex and by initiated multivalent and diverse processes, which were contextualized multi-pronged. These amendments That allows for scholars and practitioners to evaluate Agreement’s medium- Agreement’s evaluate to practitioners and scholars for allows That implications the article, the analyzed in been has it As outcomes. term into Constitutional transplanted Agreement of the Ohrid Framework This year marks the 17 Going forward – 17 years after Ohrid – 17 years Going forward coupled with all-encompassing goals of development and international goals of coupled with all-encompassing hindered its implementation. integration, protracted as well as it promoted the belief that a constitutional re-arrangement by itself would re-arrangement a constitutional that the belief it promoted automatically eliminate the conflict in Macedonia. On the contrary, the aspirations of peace agreements the expansion of its spirit way beyond (Vankovska 2014). Therefore, the Agreement aimed but failed to target all the roots causes of the conflict, such as violence which were present in the societal context in the 1990s. Instead, the structural injustice and ghettoization of citizens from different ethnic backgrounds), according backgrounds), ethnic different from of citizens ghettoization a qualitatively quick, but not satisfying solution some scholars, is a to The simplest solution to of politics peace (based guarantees a “negative” and on “ethnicization” separate the “hostile” ethnic groups that would go beyond the creation of a nation-free or bi-national state, and or of a nation-free the creation would go beyond demand for power-sharing phase” (Samuels and Hawkins Wyeth, 2006). Essentially, 2006). Hawkins Wyeth, phase” (Samuels and power-sharing which citizens, all the for inclusive concept is an needs Macedonia what conflict the of resolution The nationalities. different promotes and accepts seems to entrench the divisions that the during radicalized become appear to divisions and them, ameliorate fueled the conflict, rather than mono-ethnic educational approach hinders social social hinders approach educational early from cohesion mono-ethnic that “in many argue Some personal contact. decreases the age, and lines ethnic or along identity power of organization formal cases, the communication communication with Macedonian peers, friends and neighbors. This mono-dimensional – stopping escalation and freezing violence – then mono-dimensional – stopping escalation and freezing Second, constitutional-institutional engineers should set the goals of the of goals the set should engineers constitutional-institutional Second, peace agreement realistically. If the approach of the peace process is be steps for averting violence, institutionalizing conflict resolution,forging a forum for constitutional redesigning. and of institutionalized constitution redesigning, and serve as a driver for driver as a serve and redesigning, constitution institutionalized of Therefore, principles. democratic progressive and reforms of development will in which there should follow a phased approach, peace agreements to bring about developmental change, should not infringe established infringe should not developmental change, about bring to liberal principles. Peace agreements should set the stage for a process could, implicitly, institute a new harmful constitution amending procedure, amending constitution harmful a new implicitly, could, institute principles accepted the to contrary pressure, external and force through which purpose is sense, agreements In that democracies. of modern constitutional amendments undermines some procedural principles, constitutional amendments undermines such and vote to right their representatives, elected of independence the as, was discussed the process of law adoption. As in the article, agreements local experts who would consult the process, adding value to the final provisions into agreement’s of a direct transplantation Even more, draft. Therefore, the language in peace agreements that entail constitutional redesigning should reflect theconstitutional framework. This can be done swiftly if the process legalisticincludes practice from the original procedural sense, foreign terminology of agreements creates difficulties into the domestic legal system. in the implementation of the provisions which allows for free interpretation by political actors. which allows for Several implications First, in be taken into consideration. should been analyzed, the Agreement cannot be fully absorbed in the political the be fully absorbed in cannot Agreement analyzed, the been spirit its over-reaching the criterion of its goals, nor by system, neither by NATO. In this sense, the Agreement represents a criterion for success of the of success for criterion a represents Agreement the sense, this In NATO. has Agreement the However, minorities’ rights. of and a protector reforms intrinsic flaws which hinder the process of its own implementation. As has Today, the Ohrid Agreement is one of goal entail the parties’ platforms All major political social reality. multiethnic the pillars of the Macedonian and Union European the of part an integral become to Macedonia for future post-conflict constitutional redesigning. constitutional post-conflict future difficult, the ex post facto analysis allows for some lessons to be drawn for drawn be to lessons some for allows analysis facto post ex the difficult,

XXIV (81) - 2018 44 XXIV (81) - 2018 45 Lebanon which relied heavily on Lijphard’s consociationalism, or Uganda consociationalism, or Lijphard’s relied heavily on which Lebanon (Norris 2005, Samuels and Hawkins Wyeth 2006). Even systems that heavily that systems Even 2006). Wyeth Hawkins and Samuels 2005, (Norris relied on one or the other approach have failed and success can be seen in the examples of Bosnia and Herzegovina significantly. Lack of Authors claim that a pure consociational or integrative approach cannot claim that a pure consociational or Authors societies multiethnic to dangers pose and practice, in implemented be society of bare tolerance, not of acceptance of the differences. In that In differences. the of acceptance of not tolerance, bare of society are designed light if agreements come to sense, mediators’ prowess would to target the conflict root causes and envision their management. approach to separate and isolate the powers between conflicting parties conflicting between powers the isolate and separate to approach leads to divergence. The gap that would be created leads to creating a dealing with the immediate triggers of the conflict and acute symptoms. provide avenues for functional and In that sense, agreements should structural power sharing, not a declarative power divide. The simplistic mechanisms that transform the violent conflict into a developmental one. developmental a into conflict violent the transform that mechanisms for a base set not does if it successful be cannot reform constitutional A Third, if an agreement entails institutional – goals transformation that conflict for go opportunities provide beyond should achieving it then peace, of the arrangement can then be assessed can by the ability of the arrangement of the societal adhere to its provisions. actors to legally, politically and developmentally actors, but also local scholars, experts, interest groups and societal and societal groups interest but also local scholars, experts, actors, ownership both process would allow for the manner, In that stakeholders. for the text of the agreement and for its implementation. The success view of the capabilities view of the capabilities affected society to substantially of the implement the provisions that have been negotiated. Then, the process of drafting should include international of the agreement and implementation are superficial andtemporary, whereasrealistic entail to agreement the the problemsfor important is it Therefore, are long-lasting” 2015). (Orlovic ethnic lenses to its reading and implementation. some fear and stigma. For prejudices, with emotions, implementation That could load the of implementers and evaluators this happens because “…interests authors, emotional emotional tensions and historical imprints. is Thus, misunderstood if or the neglected in social the context post-conflict design, it put can include democratic development, internal and international integration, integration, international and internal development, democratic include peace agreements of minorities, of civil and protection society promotion political folklore, issues of intangible the consideration into should take internationally internationally drafted agreements would suffice. However, if goals the sense their belonging and build their future. sense their belonging and build and the cultural heritage of all its members. Finally, the legal framework of all its members. Finally, the and the cultural heritage a societal system in which all ethnicities would of building should assist the That can be achieved if the Ohrid Framework Agreement is seen towards oriented society multiethnic functioning a of creation the for driver as a symbols, the languages, the respects which innovation, and development a multi-ethnical system where ethnicities’ rights are respected, promoted respected, promoted are ethnicities’ rights a multi-ethnical system where and protected. The multiethnicism in generations. future and for region the broader insignia, an example for Macedonian should act as its not to create separate and parallel systems. The answer to the question of question the to answer The systems. parallel and separate create to not of creation the in lies It approach. neutral ethnically entail not does conflict inclusion of all minorities in the societal system. inclusion of all minorities The purpose of multiethnic societies is to promote and protect diversity, and promotion of ethnic diversity, extensive use of all of ethnic diversity, extensive languages, the and promotion multiculturalism and on focusing programs educational joint of creation groups, by promoting cooperation in achieving the common goals. Those goals. common the achieving in cooperation promoting by groups, that would lead to be the added value to the system avenues would include full acceptance In essence, they should developmental changes. the basis for power sharing between the conflicting groups. In addition, the between differences surpass the would governance integrative the Therefore, Therefore, the answer in designing post-conflict avenues that includes one sharing, meaningful power for should ask constitutional systems would set models sides. Consociational between the for cooperation and Fiji, which models were largely based on the integrative approach. approach. integrative the based on largely were models Fiji, which and

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Grasping the Washington, D.C.:

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XXIV (81) - 2018 48 XXIV (81) - 2018 49 http://mioa.gov.mk/files/ http://scholarship.law.wm.edu/ on London: Routledge. [accessed 7 February 2018] February 7 [accessed Negotiation Negotiation and conflict management: essays on [accessed 13 August 2017] [accessed 13 August theory and practice. information society and administration on and administration society information pdf/dokumenti/Godisen_izvestaj_2016_Registar_na_vraboteni_vo_ JS.pdf 49 Wm. & Mary L. Rev. 1513 wmlr/vol49/iss4/16 Zartman, I. W., 2008. Yearly Report on the employed in the public sector, 2017. Skopje: Ministry of Ministry Skopje: 2017. sector, public the in employed the on Report Yearly ) holds a ) holds [email protected] ( Skopje. in youth policy-making. graduated Stefan 2013, In Italian. He and English Serbo-Croatian, fluently speaks Macedonian, “Ss. Cyril and Methodius” in in legal studies at the University democratization democratization of He is active in the civil and reconciliation and justice. sector multicultural societies, post-conflict and negotiations, as well as constitutional reforms. Stefan’s reforms. as well as constitutional and negotiations, relations, multilateral includes bilateral and interests of scope Italy, Bosnia Montenegro, and Herzegovina, Hungary, He has also USA. and the Netherlands the Serbia, Austria, mediation international editorials concerning written opinion South-East Europe. He has been a participant and panelist He has been a participant South-East Europe. in Macedonia, and leadership seminars at democratization of Advanced International Studies (SAIS), at the Johns the Johns (SAIS), at Studies International of Advanced Hopkins University. His focus of analysis is the field of conflict of the region the to contextualized particularly management, Master of Arts in International Relations and International International and Relations International in Arts of Master Economics with Honors, from the Paul H. Nitze School Stefan Andonovski Stefan

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