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“The former Yugoslav Republic of Macedonia”: fostering both political dialogue and compliance with the rule of law

A delegation of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE), composed of Stefan Schennach (Austria, SOC), Robert Walter (United Kingdom, EC) and Andreas Gross (Switzerland, SOC) issued the following statement after a fact-finding to “the former Yugoslav Republic of Macedonia” on 28-29 April 2015.

“Since the beginning of this year, “the former Yugoslav Republic of Macedonia” has been facing a serious political crisis following the publication of wire-taped conversations by the main opposition party, the ‘Social Democratic Union of Macedonia’ (SDSM). This aggravated a situation already marked by the boycott of the parliament by this party, which does not recognise the results of the parliamentary and presidential elections of April 2014. While we reiterate our conviction that it is a deep mistake to boycott the parliament, which could by no means be considered as a correct political stance, we also believe that the legitimate concerns and shortcomings expressed by the opposition - and reflected in previous PACE reports – need to be fully addressed. The representatives of civil society and journalists that we met reported a climate of intimidation and fear, which is also a matter of concern.

While condemning the use of illegally obtained material, our delegation is puzzled by the extent of the surveillance carried out in the country during recent years. This may be a legacy of the one-party system of former Yugoslavia, which seems never to have ceased. It is also deeply concerned by the content of the material released by the opposition and the alleged violations of basic democratic principles – which relate to the independence of the judiciary and the media and the good conduct of elections. They shed doubt on the whole democratic system and further undermine the people’s trust in their democratic institutions and in the functioning of their justice system. Any wrongdoing must be seriously and thoroughly investigated. We take note of the steps taken by the prosecution office to investigate these allegations and strongly urge the authorities to accept all expertise and advice that is available from international organisations to ensure that the investigation is thorough and impartial.

After consulting the main actors involved, both from the opposition and the majority, we believe that all the possibilities of finding a way out of the crisis have not yet been exhausted. We are convinced that political dialogue and respect for the rule of law should go hand-in-hand. It is our understanding that the following steps could help to overcome the crisis and prevent any further escalation, which would be detrimental to the stability of the country. We therefore urge the SDSM party to put an end to the publication of illegally-obtained material, and the ruling coalition and the opposition to reach an agreement and work out a roadmap which should include the following elements:

- Ensure that the parliament:

• complies with the constitutional and legal requirements, addresses the issue of the 31 seats (out of 123) left vacant by the opposition, pursues the relevant legal procedure and takes the necessary steps, including the organisation of elections, to ensure that the parliament can function properly and that it reflects the will expressed by all voters;
• creates conditions in parliament to allow all the political sensibilities of society to express themselves and contribute to the legislative process.

- Address the systematic issues which are a recurrent bone of contention, in particular:

• the separation of party and State activities;
• strengthening of the independence of the media;
• improvements to electoral laws;
• launching a national census to determine the number of voters.


- Strengthen the oversight role of the parliament by:

• setting-up a parliamentary investigation committee to enquire into the ongoing political crisis and the allegations raised;
• reinforcing the democratic oversight of the intelligence services, in line with the guidelines of the Venice Commission.

- Invite the Macedonian authorities, in cooperation with the Council of Europe, to strengthen democratic security.

Twenty years ago, the country joined the Council of Europe, an organisation that strives to uphold human rights, democracy and the rule of law. Today the country is facing a major political and legal crisis, which is seriously undermining the trust of the citizens in their institutions.

In line with the Ohrid Framework Agreement, it is the responsibility of the authorities to live up to the expectations of its citizens and overcome the prevailing deep divisions along political and ethnic lines, to foster a political culture based on democratic principles and respect of the rule of law and to fulfill the European aspirations of the people.

We also appeal to all political actors to take the students and young citizens seriously and involve them in an interactive dialogue. We note that this is the first multiethnic movement, a development that we warmly welcome. We express the hope that such movements will not be misused and politically instrumentalised.

The Council of Europe is ready to provide any expertise that is needed. We urge the authorities to be proactive by addressing proposals for enhanced co-operation with the Council of Europe so as to contribute to the country’s European integration process, in line with PACE Recommendation 2022 (2013).”