REPUBLIC OF MACEDONIA OMBUDSMAN ANNUAL REPORT ON THE LEVEL OF RESPECT, PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS 2013 Skopje, March 2014 CONTENT THE OMBUDSMAN - NATIONAL INSTITUTION FOR PROTECTION OF HUMAN RIGHTS 7 EXTENT OF IMPLEMENTATION AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS BY AREAS 9 FROM THE OPERATION IN 2013 10 PROTECTION OF HUMAN RIGHTS BY AREAS 19 Social security and protection . 19 Pension and disability insurance . 21 Health insurance and health care . 23 Children’s rights. 27 - Introductory remarks . 27 - Rights of the child in the family . 27 - Domestic and other violence against children and violence among children . 29 - Rights of persons/children with disabilities and marginalised groups of children. 30 - Health care for children . 32 - Education of children in primary and secondary schools . 33 - Using the Internet and the use of social networks and their impact on child development. 35 - Cooperation of authorities and organisations with the Ombudsman in the area of children’s rights . 36 Rights arising from higher education. 37 Labour relations. 39 Property and legal relations . 41 Urban planning and construction. 43 Housing relations . 44 Environment. 46 Finance. 47 Consumer rights. 49 Police authorisations . 54 Civil states and other internal matters . 55 Penitentiary-correctional and educational-correctional institutions . 58 Judiciary. 60 Non-discrimination . 62 Adequate and equitable representation . 66 Other rights . 71 Local self-government . 72 - Urban planning and construction. 72 - Education . 76 - Labour relations . 80 - Consumer rights . 84 - Social protection . 87 - Environment. 88 - Finances. 90 EXAMPLES FROM PRACTICE 94 PROMOTION OF HUMAN RIGHTS 103 PREVENTION OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR 4 PUNISHMENT 107 OUT-OF-CASE OPERATIONS AND OTHER ACTIVITIES 111 SURVEYS, INITIATIVES, OPINIONS AND RECOMMENDATIONS 112 COMMUNICATION AND COOPERATION OF THE OMBUDSMAN WITH INTERNATIONAL BODIES AND ASSOCIATIONS 115 INTERNATIONAL COMMUNICATION AND COOPERATION 116 COOPERATION ON EUROPEAN LEVEL 117 COOPERATION IN THE REGION 117 STATISTICAL DATA 118 Data per area . 123 Actions . 127 Identified violations and measures taken . 128 ABOUT THE INSTITUTION 131 Organization and manner of operation. 132 Staffing . 132 Work assets. 132 Introduction Respecting of the rights and freedoms of humans and application of the rule “equal justice for all” is the basis for a functioning democracy and a condition for ex- istence, building and maintenance of a tolerant and mul- ti - cultural society, such as the Republic of Macedonia. This civil and legal concept also implies strict ad- herence to the recommendations of the independent mechanisms, such as the Ombudsman, established to help citizens to achieve their constitutional and legal rights easier, but also to suggest to the state that the norms it established have to be complied with without exception. The independence and impartiality of the Ombuds- man contributes to the development of democracy in soci- ety, it guarantees citizen access to equal basis rights and corrects the possible inefficiency and ineffectiveness of the state administration bodies and bodies and organisations with public au- thorisations. 4 This role makes the Ombudsman inherently connected with the citizens, who see in him a protector of their rights and freedoms, or an authority that listens to them, advises them and points out the ways of protecting rights, also pointing out, reminding the authorities of the need for consistent enforcement of the laws and bylaws. Acting upon complaints, the Ombudsman in spite of reflecting the situation with the func- tioning of the system, through the recommendations and suggestions, indicates ways to remedy the violations and recommends measures aimed at professional and functional administration, which will consistently be in the function of the citizens. Ixhet Memeti THE OMBUDSMAN - NATIONAL INSTITUTION FOR PROTECTION OF HUMAN RIGHTS OMBUDSMAN- Annual Report 2013 National human rights institutions are based on the standards established by the so-called Paris Principles, in accordance wherewith the institution should have a mandate to actively pro- mote and protect human rights. Paris Principles emphasise that national human rights institutions should be empowered to promote and protect human rights on the basis of powers set forth in a constitutional or legislative text. The national institution can help in conceptualising and con- ducting lectures on human rights and research programmes, and contribute to increasing the public awareness of human rights through information and education. The national human rights institution is also a mechanism through which the state fulfils its international responsibility “to undertake all appropriate action”, so as to ensure the implementation of international human rights at the national level. The Ombudsman in October 2011, upon submitting a request for accreditation to the Inter- national Coordinating Committee for a National Human Rights Institution received a B Status. Ac- cording to the received B status, it was determined that the institution partially meets the criteria for a National Human Rights Institution. In its evaluation, the Accreditation Subcommittee determined that the Ombudsman has a broad mandate for protection, but not for promotion of human rights. The Accreditation Subcom- mittee also demanded introduction of a pluralistic approach in selecting management functions within the institution, as well as strengthening the independence and public confidence in the institution. In 2013, the Ombudsman in order to meet the Paris Principles undertook an initiative for amending the Law on the Ombudsman, on the basis whereon a working group at the Ministry of Justice was established. The need to fully meet the set criteria was also explained at the Inter- Ministerial Body on Human Rights and also a draft - text amending the Law on the Ombudsman was drawn up, that will allow pluralism, independence and will extend the mandate of the Om- budsman, by including the promotion of human rights in the existing legal framework. The total fulfilment of the Paris Principles, as well as the acquisition of A Status was also demanded at the second analysis of the Universal Periodic Review for the Republic of Macedonia in the United Nations, that is, it was recommended that all the necessary measures should be undertaken, so that the Ombudsman institution will comply with the Paris Principles and will be completely independent in terms of funding. Among other things, this will mean an obligation to implement the Paris Principles which state that the National Institution shall have an infrastructure which will be suitable for continu- ous implementation of its responsibilities, through adequate funding. These findings are also contained in the Resolution on National Institutions for the promo- tion and protection of human rights, adopted by the Human Rights Council of the United Nations, which emphasises the importance of financial and administrative independence that Member States should ensure. 8 www.ombudsman.mk EXTENT OF IMPLEMENTATION AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS BY AREAS OMBUDSMAN - Annual Report 2013 FROM THE OPERATION IN 2013 TORTURE IN PCI “IDRIZOVO” ESTABLISHED BY THE OMBUDSMAN After previously obtained knowledge, and a complaint filed later by a parent of a convicted per- son for physical abuse by an employee in the security service of PCI „Idrizovo”, the Ombudsman initiated proceedings, following which a complete inspection was immediately conducted in this institution. During the inspection, it was found that the officer, abusing their official duty, physically abused a convicted person who was immediately taken to the institution infirmary, and due to the sever- ity of the injuries was taken to the Clinic for Urology, where one kidney and the spleen had been removed. The Ombudsman, despite the full insight regarding the respective case, also visited the convicted person at the Clinic for Urology and had a conversation with him and with a doctor - urologist. Given this situation and the injuries that had been inflicted on the convicted person, the Ombuds- man filed a request to the Public Prosecutor’s Office for initiation of proceedings to determine criminal responsibility, which was accepted by the prosecution. The officer was sentenced to an effective sentence of one year and six months. INSTEAD OF PROCEDURES, POLITICS IN THE LOCAL GOVERNMENT After the local elections, a large number of employees asked for intervention by the Ombuds- man to protect their employment rights regarding actions undertaken by municipality mayors. Namely, the Municipality of Karposh adopted decisions to deploy employees of the municipal- ity in urban and local communities without providing them basic conditions for performance of their duties, the mayors of the Municipalities of Gostivar and Tearce undertook measures against the principals of several primary and secondary schools for dismissal from the principal position before the expiration of their term, the mayor of Kriva Palanka imposed termination of employment without conducting a procedure prescribed by the law, the mayor of Studenichani adopted an order to deploy an employee, instead of adopting an administrative act for deploy- ment, the mayor of Chucher Sandevo conducted a procedure on employee assessment without taking the data concerning the results of their performance into consideration. In all these procedures