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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Framework Agreement ('The Ohrid Agreement')
Record 387

Country :

Macedonia

Agreement Title/Name:
Framework Agreement ('The Ohrid Agreement')
Year :
2001
Date Signed :

13 August 2001

Summary :

Agreed framework for securing the future of Macedonia's democracy and permitting the development of closer and more integrated relations between the Republic of Macedonia and the Euro-Atlantic community.


Parties :
Republic of Macedonia, Euro-Atlantic Community (no signing indicated)
Third Parties :
Statehood/Identity :
1.2. Macedonia's sovereignty and territorial integrity, and the unitary character of the State are inviolable and must be preserved. There are no territorial solutions to ethnic issues. 6.1. With respect to primary and secondary education, instruction will be provided in the students' native languages, while at the same time uniform standards for academic programs will be applied throughout Macedonia. 6.5. Any other language spoken by at least 20 percent of the population is also an official language, as set forth herein. 7.1. With respect to emblems, next to the emblem of the Republic of Macedonia, local authorities will be free to place on front of local public buildings emblems marking the identity of the community in the majority in the municipality, respecting international rules and usages.
Governance/Democratic Inst :
3.1. A revised Law on Local Self-Government will be adopted that reinforces the powers of elected local officials and enlarges substantially their competencies. 4.2 Laws regulating employment in public administration will include measures to assure equitable representation of communities in all central and local public bodies and at all levels of employment within such bodies. 5.1. On the central level, certain Constitutional amendments in accordance with Annex A and the Law on Local Self-Government cannot be approved without a qualified majority of two-thirds of votes, within which there must be a majority of the votes of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. 5.2. Laws that directly affect culture, use of language, education, personal documentation, and use of symbols, as well as laws on local finances, local elections, the city of Skopje, and boundaries of municipalities must receive a majority of votes, within which there must be a majority of the votes of the Representatives claiming to belong to the communities not in the majority in the population of Macedonia. Annex B: legislative modifications: Enable and make responsible units of local self-government for raising a substantial amount of tax revenue; Annex C. Implementation and Confidence-Building Measures: 2. Census and Elections: 2.1. The parties confirm the request for international supervision by the Council of Europe and the European Commission of a census to be conducted in October 2001. 2.2. Parliamentary elections will be held by 27 January 2002. International organizations, including the OSCE, will be invited to observe these elections.
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
4.3. For the Constitutional Court, one-third of the judges will be chosen by the Assembly by a majority of the total number of Representatives that includes a majority of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. This procedure also will apply to the election of the Ombudsman (Public Attorney) and the election of three of the members of the Judicial Council. Annex A, Constitutional Amendments: Article 109 (1) The Constitutional Court of Macedonia is composed of nine judges. (2) The Assembly elects six of the judges to the Constitutional Court by a majority vote of the total number of Representatives. The Assembly elects three of the judges 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 claiming to belong to the communities not in the majority in the population of Macedonia. Annex C. Implementation and Confidence-Building Measures: 5.4. The parties invite the international community to assist in the training of lawyers, judges and prosecutors from members of communities not in the majority in Macedonia in order to be able to increase their representation in the judicial system.
National Human Rights Inst :
Annex A, Constitutional Amendments: Article 77 states: (2) The Public Attorney protects the constitutional rights and legal rights of citizens when 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.
Human Rights Framework :
4.1. The principle of non-discrimination and equal treatment of all under the law will be respected completely. 6.3. The principle of positive discrimination will be applied in the enrolment in State universities of candidates belonging to communities not in the majority in the population of Macedonia until the enrolment reflects equitably the composition of the population of Macedonia. Annex A: Constitutional amendments: Preamble states that the state will guarantee human rights and civil liberties, and art. 8 states that (1) The fundamental values of the constitutional order of the Republic of Macedonia are: - the basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution; - equitable representation of persons belonging to all communities in public bodies at all levels and in other areas of public life; Art. 19 guarantees religious freedom; Art. 48: 1) Members of communities have a right freely to express, foster and develop their identity and community attributes, and to use their community symbols. (2) The Republic guarantees the protection of the ethnic, cultural, linguistic and religious identity of all communities. (3) 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. (4) 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. 5.3. The parties also invite the OSCE, the European Union, and the United States to increase training and assistance programs for police, including: human rights,
Judicial Reform :
4.3. For the Constitutional Court, one-third of the judges will be chosen by the Assembly by a majority of the total number of Representatives that includes a majority of the total number of Representatives claiming to belong to the communities not in the majority in the population of Macedonia. This procedure also will apply to the election of the Ombudsman (Public Attorney) and the election of three of the members of the Judicial Council. Annex A, Constitutional Amendments: Article 109 (1) The Constitutional Court of Macedonia is composed of nine judges. (2) The Assembly elects six of the judges to the Constitutional Court by a majority vote of the total number of Representatives. The Assembly elects three of the judges 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 claiming to belong to the communities not in the majority in the population of Macedonia. Annex C. Implementation and Confidence-Building Measures: 5.4. The parties invite the international community to assist in the training of lawyers, judges and prosecutors from members of communities not in the majority in Macedonia in order to be able to increase their representation in the judicial system.
Policing :
3.3. In order to ensure that police are aware of and responsive to the needs and interests of the local population, local heads of police will be selected by municipal councils from lists of candidates proposed by the Ministry of Interior, and will communicate regularly with the councils. The Ministry of Interior will retain the authority to remove local heads of police in accordance with the law. Annex B: legislative modifications: 4. Laws Pertaining to Police Located in the Municipalities: The Assembly shall adopt before the end of the term of the present Assembly provisions ensuring: - That each local head of the police is selected by the council of the municipality concerned from a list of not fewer than three candidates proposed by the Ministry of the Interior, among whom at least one candidate shall belong to the community in the majority in the municipality. Annex C. Implementation and Confidence-Building Measures: 5.2. The parties commit themselves to ensuring that the police services will by 2004 generally reflect the composition and distribution of the population of Macedonia.The parties invite the OSCE, the European Union, and the United States to send an expert team as quickly as possible in order to assess how best to achieve these objectives. 5.3. The parties also invite the OSCE, the European Union, and the United States to increase training and assistance programs for police,
Refugees/Land :
Annex C. Implementation and Confidence-Building Measures: 3.1. All parties will work to ensure the return of refugees who are citizens or legal residents of Macedonia and displaced persons to their homes within the shortest possible timeframe, and invite the international community and in particular UNHCR to assist in these efforts.
Civil Society :
Annex A, Constitutional Amendments: art. 78 establishes a Committee for Inter-Community Relations to consist of members drawn from the Assembly. The five members each shall be from a different community; if fewer than five other communities are represented in the Assembly, the Public Attorney, after consultation with relevant community leaders, shall propose the remaining members from outside the Assembly.
Dev& Socio-Economic Rights :
Annex C. Implementation and Confidence-Building Measures: 6.2. The parties invite the international community to provide assistance for the implementation of the Framework Agreement in the area of higher education.
Enforcement Mechanism :
2. acknowledges decision by NATO to assist in securing cessation of hostilities and voluntary disarmament. 8. Implementation: 8.1. The Constitutional amendments attached at Annex A will be presented to the Assembly immediately. The parties will take all measures to assure adoption of these amendments within 45 days of signature of this Framework Agreement. 8.2. The legislative modifications identified in Annex B will be adopted in accordance with the timetables specified therein. 8.3. The parties invite the international community to convene at the earliest possible time a meeting of international donors that would address in particular macro-financial assistance; support for the financing of measures to be undertaken for the purpose of implementing this Framework Agreement, including measures to strengthen local self-government; and rehabilitation and reconstruction in areas affected by the fighting. Annex A sets out constitutional amendments to be made in order to implement the terms of the agmt. Annex B sets out legislative changes to be made. Annex C. Implementation and Confidence-Building Measures: 1. International Support: 1.1. The parties invite the international community to facilitate, monitor and assist in the implementation of the provisions of the Framework Agreement and its Annexes, and request such efforts to be coordinated by the EU in cooperation with the Stabilization and Association Council. 5.3. The parties also invite the OSCE, the European Union, and the United States to increase training and assistance programs for police, including:- deployment as soon as possible of international monitors and police advisors in sensitive areas, under appropriate arrangements with relevant authorities.
International Community :
2. acknowledges decision by NATO to assist in securing cessation of hostilities and voluntary disarmament. 3.1. A revised Law on Local Self-Government to be adopted will confrom with the European Charter on Local Self-Government, and reflect the principle of subsidiarity in effect in the European Union. 6.7. In criminal and civil judicial proceedings at any level, an accused person or any party will have the right to translation at State expense of all proceedings as well as documents in accordance with relevant Council of Europe documents. 8.3. The parties invite the international community to convene at the earliest possible time a meeting of international donors that would address in particular macro-financial assistance; support for the financing of measures to be undertaken for the purpose of implementing this Framework Agreement, including measures to strengthen local self-government; and rehabilitation and reconstruction in areas affected by the fighting. 3.1. All parties will work to ensure the return of refugees who are citizens or legal residents of Macedonia and displaced persons to their homes within the shortest possible timeframe, and invite the international community and in particular UNHCR to assist in these efforts. Annex C. Implementation and Confidence-Building Measures: 1. International Support: 1.1. The parties invite the international community to facilitate, monitor and assist in the implementation of the provisions of the Framework Agreement and its Annexes, and request such efforts to be coordinated by the EU in cooperation with the Stabilization and Association Council. 2. Census and Elections: 2.1. The parties confirm the request for international supervision by the Council of Europe and the European Commission of a census to be conducted in October 2001. 2.2. Parliamentary elections will be held by 27 January 2002. International organizations, including the OSCE, will be invited to observe these elections. 3.3. The parties invite the European Commission and the World Bank to rapidly convene a meeting of international donors. 4.1. The parties invite the international community to assist in the process of strengthening local self-government. 5.2. The parties commit themselves to ensuring that the police services will by 2004 generally reflect the composition and distribution of the population of Macedonia.The parties invite the OSCE, the European Union, and the United States to send an expert team as quickly as possible in order to assess how best to achieve these objectives. 5.3. The parties also invite the OSCE, the European Union, and the United States to increase training and assistance programs for police, including: - professional, human rights, and other training; - technical assistance for police reform, including assistance in screening, selection and promotion processes; - development of a code of police conduct; - cooperation with respect to transition planning for hiring and deployment of police officers from communities not in the majority in Macedonia; and - deployment as soon as possible of international monitors and police advisors in sensitive areas, under appropriate arrangements with relevant authorities. 5.4. The parties invite the international community to assist in the training of lawyers, judges and prosecutors from members of communities not in the majority in Macedonia in order to be able to increase their representation in the judicial system. 6.1. The parties invite the international community, including the OSCE, to increase its assistance for projects in the area of media in order to further strengthen radio, TV and print media, including Albanian language and multiethnic media. And to continue its efforts on projects designed to improve inter-ethnic relations. 6.2. The parties invite the international community to provide assistance for the implementation of the Framework Agreement in the area of higher education.
UN Involvement :
Annex C. Implementation and Confidence-Building Measures: 3.1. All parties will work to ensure the return of refugees who are citizens or legal residents of Macedonia and displaced persons to their homes within the shortest possible timeframe, and invite the international community and in particular UNHCR to assist in these efforts.
Source :
USIP


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