Identifier
Created
Classification
Origin
09SKOPJE293
2009-06-23 09:11:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Skopje
Cable title:  

MACEDONIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

Tags:  PGOV PHUM PREL OSCE KDEM 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHSQ #0293/01 1740911
ZNR UUUUU ZZH
P 230911Z JUN 09
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC PRIORITY 8332
INFO RUEHVEN/USMISSION USOSCE 2108
UNCLAS SKOPJE 000293 

SENSITIVE
SIPDIS

STATE FOR EUR/SCE

E.O. 12958: N/A
TAGS: PGOV PHUM PREL OSCE KDEM
SUBJECT: MACEDONIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

REF: STATE 59944

SUMMARY
-------
UNCLAS SKOPJE 000293

SENSITIVE
SIPDIS

STATE FOR EUR/SCE

E.O. 12958: N/A
TAGS: PGOV PHUM PREL OSCE KDEM
SUBJECT: MACEDONIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

REF: STATE 59944

SUMMARY
--------------

1. (U) In response to the request for information on
Macedonia's commitment to human rights and fundamental
freedoms for the OSCE's annual Human Dimension Implementation
Meeting (reftel),Post offers the following summary of
concerns and progress in areas of democratic development and
human rights. End Summary.

Elections
--------------

2. (SBU) Following June 2008 Parliamentary elections marred
by violence and serious irregularities and assessed as
failing to meet key international standards, Macedonia held
combined presidential and municipal elections in March/April

2009. There were substantial hurdles to ensuring improved
conduct of the 2009 elections: Just seven months ahead of the
March/April 2009 elections OSCE/ODIHR made 28 recommendations
for improving elections in areas of administration, legal
framework, voter register, election campaign, media and
election day and voting procedures. Additionally, the State
Electoral Commission (SEC) faced the significant procedural
challenge of administering Macedonia,s first-ever jointly
conducted presidential and municipal elections.


3. (SBU) Ahead of the March/April 2009 elections, the GoM
undertook to address a number of the 28 ODIHR recommendations
for improving the conduct of elections. The March/April 2009
presidential and municipal elections were conducted without
any serious incidences of violence, and were generally
procedurally well-administered -- a significant improvement
over 2008 parliamentary elections. The elections were
assessed as meeting &most OSCE and Council of Europe
commitments and standards for democratic elections.8 Even
between rounds of elections on March 22 and April 5, the GoM
made efforts to address shortfalls. Between the first and
second round, for example, the SEC provided more explicit
instructions to local electoral boards to take responsibility
for preventing proxy and group voting (a practice that many
have long turned a blind eye to here),significantly reducing
proxy/group voting rates.


4. (SBU) However, areas for progress in the conduct of
elections remain. The SEC was expected to take over
responsibility for the bloated voter register from the

Ministry of Justice between the 2008 and 2009 elections, but
the hand-off was delayed until September of this year.
Thoroughly culling and assuring accuracy of the list will be
a substantial undertaking and should be an immediate priority
for the SEC. Voter intimidation also remained a concern
throughout the campaign, with the bulk of reports of
intimidation coming from public sector workers and recipients
of state benefits. Reports of intimidation increased between
the first and second rounds of elections. OSCE/ODIHR noted
that increasing numbers of &troubling and credible reports
of pressure on or intimidation of citizens( seriously
detracted from the overall quality of the election process.8

Religious Freedom
--------------

5. (SBU) The Government generally respected religious
freedom in practice; however, the lack of effective
implementation of the registration portion of the 2007 legal
status law severely hindered new registrants' ability to
acquire legal standing.


6. (SBU) In May 2008 Skopje Court II assumed responsibility
for the registering religious groups under the 2007 law,
which set out a checklist of application materials for
registrants and a process for carry-over of registrations of
religious groups registered by 1998. The law also set out
clear timelines for the Court to complete the registration
process-- 15 days for review of completeness of applications
and an additional 8 days for entering the religious group
into the register. The law requires that the name and
official insignia of new religious groups be different from
the names and insignias of already registered churches,
religious groups and communities, but it allows multiple
religious groups of a single faith to register.


7. (SBU) Skopje Court II assigned the registration process
to a single judge who did not meet the timelines required by
the law, leaving many applicants waiting months without
information. The judge did not provide clear application
guidelines and produced confusing decisions -- rejecting some
applications for reasons not clearly set out in the law's
checklist, including requiring Macedonian citizenship of the
religious group's "Responsible Person" and requiring that the
group's articles of incorporation are dated after the
entry-into-force of the new law. The judge in charge and the
president of the court also stated that they are required to
ensure that sources of teaching and liturgy for new
registrants are different from those of existing registrants,
which is clearly contrary to the intent of the law. More
than a year after the law entered into force, only two of
twelve new applicants have successfully registered, and ten
have been rejected or remain pending, some for many months
past the legal deadlines.

Media Freedom
--------------

8. (SBU) Strong government criticism of media coverage
viewed as &anti-patriotic8 negatively impacted freedom of
the press. In June 2008 Prime Minister Gruevski criticized
Macedonian correspondents in Brussels for &speculating at
the expense of their own country8 and suggested the media
should work in the country's interests. His statement
triggered harsh criticism from the Macedonian Association of
Journalists and the Vienna-based South East European Media
Organization, citing interference with media independence.
There were also complaints and allegations of government
pressure and even threats against media outlets that did not
report favorably on the government. In addition, the
government wielded influence on the media as the country's
largest advertiser, with the most lucrative contracts given
to friendly media. Some journalists were also forced to pay
substantial fines in cases of defamation, libel, and slander
of government officials brought by private citizens,
additionally limiting media freedoms.

Trafficking in Persons
--------------

9. (SBU) Macedonia has made notable progress in recent years
in combating trafficking in persons, evidenced in its second
consecutive ranking as a "Tier 1" country by the State
Department in the 2008 Trafficking in Persons Report.
Macedonia made progress toward eliminating trafficking with
commendable efforts in identifying and protecting victims of
trafficking, prosecuting traffickers, and preventing
trafficking.

Judicial Transparency
--------------

10. (SBU) In recent weeks, PM Gruevski instructed his
Minister of Justice, in the presence of U.S. Embassy
officials, to take the following measures: to see to it that
all decisions by all courts be made available to the
Macedonian public within 48 hours of issuance, by July 1, and
available on an official website by June 2010 with minimal
redactions; that meetings of the Judicial Council and
Prosecutors Council are to be open to the press and public,
starting with their next meetings; and that defense attorneys
will have unfettered access to clients in pre-trial
detention. Once implemented, these will all be significant
steps forward for Macedonia's judicial process and adherence
to human rights commitments.


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