The constitution of Republic of Macedonia and the Ohrid frame work agreement March, 2007

The constitution of RM was passed on November 17, 1991 The constitution of RM has 10 parts: 1. Basic provisions; 2. Basic freedom and rights of the individuals and citizens; 3. The organization of the state authorities; 4. The constitutional court of the RM; 5. Local self-government; 6. International relations; 7. Defence of RM of war and emergency; 8. Changes of the constitution; 9. Transition and final clauses; 10. Amendments to the constitution of RM.

1. Basic provisions - The sovereignty of the state; the state symbols; the official language; the fundamental values… 2. Basic freedom and rights - Civil and political freedoms -Economic, social and cultural rights 3. The organization of the state authorities -The Assembly of RM ( the legislative power; one- chamber; MP’s; general, direct and free elections; 4 years mandate) - The President of RM (Commander-in-Chief of the Armed Forces; elected on general, direct and free elections; 5 years mandate)

- The government of RM ( the executive power ; elected by the Assembly; consisted of the President and the Ministers and they are not MP’s). - The Judiciary ( Judiciary power is exercised by courts. Courts are autonomous and independent. 27 courts; 4 Appeal Courts and 1 Supreme Court). The Public Prosecutor's Office is a single and autonomous state body carrying out legal measures against persons who have committed criminal and other offences determined by law,

- The Constitutional court is a body of the RM protecting constitutionality and legality and it is composed of 9 judges.

FROM AN ARM CONFLICT TO A FRAMEWORK AGREEMENT The framework agreement (FWA) is a result of the armed conflict in RM, it was written in Ohrid and signed in Skopje on August 13 th, The FWA was signed by the four biggest political parties in RM ( two from the Macedonian bloc SDSM and VMRO-DPMNE and two from the Albanian, DPA and PDP). The conflict started on January 22 nd 2001, with the attack of armed Albanian groups to the police station in Tearce – Teovo and continued with a lower intensity even after the FWA was signed.

Before the agreement was signed, a government of political unity was formed with the intention to resolved the conflict with proper force of the Macedonian state and no with the pressure of the foreign factor.

Why the conflict began? - The “ethnocentric project” of the Constitution of the RM from 1991; - The ethnic community considered themselves as not represented equally in the state bodies and public institutions on all levels; - Ethnic community as a key constitutional category

Who took part in the negotiation and pre- signing period? The primary aim of the domestic factor was to achieve an internal agreement between the two biggest political parties from the Albanian block. Upon its on initiative the international factor was involved in the negotiation process (Francois Leotard on the behalf of the EU and James Pardew on the behalf of USA )

What were the results from the Ohrid Framework agreement?  The Preamble of the Constitution of RM from 1991 was modified  14 articles from the normative text of the Constitution were changed or replaced with new It is 12% approximate change from the Constitution from 1991

AMENDMENT IV The citizens of the Republic of Macedonia, the Macedonian people, as well as citizens living within its borders who are part of the Albanian people, the Turkish people, the Vlach people, the Serbian people, the Roma people, the Bosnian people and others are taking responsibility for the present and future of their fatherland, ….. to create an independent and sovereign state of Macedonia ……

have decided to establish the Republic of Macedonia as an independent, sovereign state, with the intention of establishing and consolidating the rule of law, guaranteeing human rights and civil liberties, providing peace and coexistence, social justice, economic well- being and prosperity ….

AMENDMENT V The Macedonian language, using its Cyrillic alphabet, is the official language throughout the RM and in the international relations of the RM. Any other language spoken by at least 20 percent of the population is also an official language, written using its alphabet, as specified below. Any person living in a unit of local self- government in which at least 20 percent of the population speaks an official language other than Macedonian may use that official language to communicate with the regional office of the central government ;

such an office shall reply in that language in addition to Macedonian.. Any person may use any official language to communicate with a main office of the central government, which shall reply in that language in addition to Macedonian

1. Aracinovo /Macedonian and Albanian 2. Brvenica / Macedonian and Albanian 3. Vranestica / Macedonian and Turkish 4. Vrapciste / Macedonian and Albanian 5. Gostivar / Macedonian and Albanian and Turkish 6. Debar / Macedonian and Albanian and Turkish 7. Dolneni / Macedonian and Albanian 8. Zelino / Macedonian and Albanian 9. Zajas / Macedonian and Albanian 10. JegunovceMacedonian and Albanian

11. Kamenjane/ Macedonian and Albanian 12. Kicevo / Macedonian and Albanian 13. Krusevo / Macedonian and Albanian 14. Kumanovo / Macedonian and Albanian 15. Lipkovo / Macedonian and Albanian 16. Oslomej / Macedonian and Albanian 17. Petrovec / Macedonian and Albanian 18. Sveti Nikole / Macedonian and Albanian 19. Sopiste / Macedonian and Albanian 20. Struga / Macedonian and Albanian

21. Studenicani / Macedonian and Albanian 22. Tearce / Macedonian and Albanian 23. Tetovo / Macedonian and Albanian 24. Чaska / Macedonian and Albanian 25. Чucer Sandevo / Macedonian and Albanian and Serbian Grad Skopje / Macedonian and Albanian

In the units of local self-government where at least 20 percent of the population speaks a particular language, that language and its alphabet shall be used as an official language in addition to the Macedonian language and the Cyrillic alphabet. With respect to languages spoken by less than 20 percent of the population of a unit of local self- government, the local authorities shall decide on their use in public bodies.

AMENDMENT VI Equitable representation of persons belonging to all communities in public bodies at all levels and in other areas of public life; This is an additional fundamental value among the existing ones

AMENDMENT VII The Macedonian Orthodox Church, as well as the Islamic Religious Community in Macedonia, the Catholic Church, Evangelical Methodist Church, the Jewish Community and other Religious communities and groups are separate from the state and equal before the law.

AMENDMENT VIII Members of communities have the right to establish institutions for culture, art, science and education, as well as scholarly and other associations for the expression, fostering and development of their identity.

Members of communities have the right to instruction in their language in primary and secondary education, as determined by law. In schools where education is carried out in another language, the Macedonian language is also studied.

AMENDMENT IX The Republic guarantees the protection, promotion and enhancement of the historical and artistic heritage of Macedonia and all communities in Macedonia and the treasures of which it is composed, regardless of their legal status

AMENDMENT X The Assembly can take a decision if its meeting is attended by a majority of the total number of Representatives. The assembly makes decisions by a majority vote of the Representatives attending, but no less than one-third of the total number of Representatives, in so far as the Constitution does not provide for a qualified majority. ( At least 41 MP’s for a decision to be passed)

(the double majority) For laws that directly affect culture, use of language, education, personal documentation, and use of symbols, the Assembly makes decisions by a majority vote of the Representatives attending, within which there must be a majority of the votes of the Representatives attending who belong to communities not in the majority in the population of Macedonia.

AMENDMENT XI The Assembly elects the Public Attorney by a majority vote of the total number of Representatives, within which there must be a majority of the votes of the total number of Representatives who belong to communities not in the majority in the population of Macedonia. The Public Attorney protects the constitutional rights and legal rights of citizens when these are violated by bodies of state administration and by other bodies and organizations with public mandates. The Public Attorney shall give particular attention to safeguarding the principles of non-discrimination and equitable representation of communities in public bodies at all levels and in other areas of public life.

AMENDMENT XII The Assembly shall establish a Committee for Inter-Community Relations. The Committee consists of 19 members of whom 7 members each are from the ranks of the Macedonians and Albanians within the Assembly, and a member each from among the Turks, Vlachs, Romas, Serbs and Bosniaks. If one of the communities does not have representatives, the Public Attorney, after consultation with relevant representatives of those communities, shall propose the remaining members of the Committee.

The Assembly elects the members of the Committee. The Committee considers issues of inter-community relations in the Republic and makes appraisals and proposals for their solution. The Assembly is obliged to take into consideration the appraisals and proposals of the Committee and to make decisions regarding them. In the event of a dispute among members of the Assembly regarding the application of the voting procedure specified in Article 69(2), the Committee shall decide by a majority vote whether the procedure applies.

Thank you! Presented by: Nada Naumovska Recommended literature: Law Force and Peace, Macedonia and Kosovo, Svetomir Skaric