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EC Report: Legislation on fundamental rights should be implemented in a more systematic manner

EC Report: Legislation on fundamental rights should be implemented in a more systematic manner

Brussels, 8 November 2023 (MIA) – North Macedonia continues to meet its general obligations on fundamental rights, but the legislation should be implemented in a more systematic manner, reads the European Commission's progress report in terms of the protection of fundamental rights, noting that the country's legal framework on the protection of fundamental rights is partially aligned with the EU acquis and standards on fundamental rights.

  

According to the European Commission, some significant amendments to the Criminal Code were adopted in February 2023, regulating criminal acts of gender-based violence, but the Parliament should make appointments to independent and regulatory bodies based on merit.

 

"The functional independence of human rights bodies must be guaranteed at all times. This means, amongst other things, allocating sufficient funds. Services for victims of gender-based violence still need reinforcement and proper funding to meet the standards laid down by the Istanbul Convention," the Report reads. 

 

The European Commission notes that persons with disabilities continue to face direct and indirect discrimination, social exclusion and barriers, adding that the Ombudsman’s Office and the Commission for the Prevention and Protection against Discrimination signed a memorandum of understanding to formalise their coordination. 

 

"The situation in prisons is still dire. The recommendations made by the European Committee for the Prevention of Torture on the treatment of detained and convicted persons were not addressed, which is a matter of serious concern. Detention conditions should be improved with the utmost urgency," says the Commission. 

 

It points out that special attention should be given to promoting non-discrimination, increasing effectiveness in addressing hate crime and hate speech and strengthening the capacity and independence of institutions in charge of protecting the rights of persons belonging to minorities or communities. 

 

"The Agency for Community Rights Realisation needs to receive sufficient funding to further promote the protection of minorities and the implementation of the national ‘One Society for All and Interculturalism’ strategy. The capacity of law enforcement and criminal justice officials to effectively prevent and prosecute all instances of violence, hate crimes and hate speech needs to be enhanced," adds the Report. 

 

The European Commission says the external oversight mechanism for the police, including the prison police, is still not fully functional, with the three CSOs representatives still to be selected by the Parliament.     

 

"The enacted amendments to the Law on civil registry pave the way to resolving cases of statelessness and fulfilling the country’s international obligations," adds the Commission.

 

The Report also notes that North Macedonia is in between some and moderate level of preparation in the area of freedom of expression. 

 

"Overall, it made limited progress. The general context is favourable to media freedom and allows for critical media reporting. The amended Criminal Code and Law on civil liability for defamation raised the overall level legal protection for journalists. However, a number of attacks, threats and some intimidating behaviour towards journalists were noted," reads the Report, pointing out that working conditions for journalists remain challenging.

 

According to the European Commission, greater transparency is needed regarding media advertising by state institutions and political parties, and reform of the public service broadcaster is required to strengthen its independence, professional standards and financial sustainability.

 

"Since December 2018, Parliament has been delaying the appointment of the public service broadcaster’s programming council and media regulator’s council," reads the document.

 

In addition, the Report notes that North Macedonia is moderately prepared in the area of external relations and has reached a good level of preparation on the common foreign and security policy. 

 

"The country made some progress during the reporting period on common commercial policy. It has made good progress by maintaining full alignment with EU common foreign and security policy. By doing so, North Macedonia has shown itself to be a reliable partner, including at international level. On regional cooperation, the country maintained good relations with other enlargement countries and continued its engagement in regional initiatives. Existing bilateral agreements need to be implemented in good faith by all parties, including the Prespa Agreement between North Macedonia and Greece and the Treaty of Friendship, Good-Neighbourliness and Cooperation with Bulgaria, including its protocols," reads the European Commission's Report. 

 

Photo: MIA archive