Of service to, or discrimination against the citizens
27/10/2006
Submitted by
Slavco Dimitrov- MASSO
Wednesday, October 11th, 2006
The Macedonian Association for Free Sexual Orientation – MASSO, after carefully reviewing the Draft Law on the Police submitted to the Parliament of Macedonia by the Government of Macedonia (MIA) would reacted in regards to a number of weaknesses and shortcomings of the abovementioned draft law. The Police is one of the most important factors for the successful implementation of the basic human rights and freedoms proclaimed in the international conventions and declarations, as well as the Constitution of the Republic of Macedonia.
This draft law on the Police manifests flagrant shortcomings in regards to the basic mechanisms and procedures which warrant the safety, protection, equality and non-discrimination of all of the citizens of Macedonia, and especially its marginalised groups.
Based on this MASSO directs its remarks in a number of directions:
- The lack of previous consultation and inclusion of the organisations from the non-government sector which find their field of interest and activism in the realm of human rights and freedoms, in the preparation, and drafting of this Draft Law.
- Opposite of the standards according to which the police is to nurture a high level of professionalism , there is no mention of the need for further professional and educational improvement of those employed in the Police Force as well as the obligation to encourage and enable such future improvements. Also, there is no mention of special training seminars, instructional seminars and supplemental instructional seminars which will entail training in the field of human rights. It remains unclear how the police is to protect human rights and the conventions which guarantee them.
- The draft law does not explicitly mention the guarantee of protection against discrimination on the basis of sexual orientation, anywhere.
- Article 96 which stresses the necessity to respect the principle of gender equality and equal representation of the ethnic communities in employment with the Police of Macedonia, once again lacks the section with which it is to guarantee non-discrimination on the basis of sexual orientation when employing.
- The pamphlets, distributed through the printed media by the Ministry of Internal Affairs of Macedonia, with the intent to promote the draft law among the general population mentions the focus on enabling greater protection “ of human rights and freedoms regardless of their race, nationality, religious, social affiliation and gender”. However, our Constitution states that “ the Citizens of Macedonia are equal in their rights and freedoms regardless of their sex, race, colour of skin, national and social origin, financial or social status”. Thus, the Constitution mentiones more grounds as opposed to those stated by the Ministry of Internal Affairs. The lack of the inclusion of sexual orientation and the protection thereof as a constituent part of the basic human rights and freedoms is in opposition to the European International conventions which guarantee the protection of the human rights of LGBT individuals. The subtraction of the entire concept of human rights is also noted in the level of the deficiency of the guarantee to protect against discrimination on the basis of age, disability, personal persuasion and gender expression. This poses the question: What is the mechanism which is to guarantee the protection of individuals who may express their social, political or other persuasion, which is different from the dominant concept on which rests the functioning of the police system or of individuals within it? How will the protection of the individuals with a different gender expression from the norm be implemented in their employment or supervision by the police?
- The lack of the introduction of supervision and control over the work of the police by an outside neutral party which would prevent any potential danger of bureaucratisation within the police system, and the founding of the same as an autocratic, self-contained system marked by all of the negative consequences of nepotism, corruption and abuse of power.
A more intensive focus on human rights and liberties, as well as the fight against discrimination within the boundaries of the statute of the Police is a necessary and indispensable step in the integration of Macedonia into the EU, as well as the inclusion and adaptation of the police in the current processes and ordinances of the Council of Europe and the European Institutions.
This last decade has demonstrated that the interventions of the European institutions for human rights are ever more dynamically concentrating on the fight against discrimination on the basis of sexual orientation.
The draft law on the Police opposite of such tendencies of the European institutions demonstrates a significant degree of neglect of current changes within the existing conventions and resolution, which in turn shows that the Law and the Legislature are an exceptionally subtle and fluid matter shifting its shape to the imperatives of humaneness, democracy and the respect of differences in people.
Article 14 of the European Convention on Human Rights and Liberties (1953) forbids discrimination on the basis of race, nationality, religious, social or sexual affiliation or other status or characteristics.
Protocol 12 which was published as a supplement and expansion of the Convention, guarantees antidiscrimination, and article 1 of the same, as a general ban on discrimination, among the banned basis for discrimination, The European Court of Human Rights confirms that sexual orientation is included under “other status” in the list of banned discrimination. Calling on the fact that Macedonia is one of the countries that have ratified Protocol 12; abiding by the same presents a moral and legal obligation of Macedonia and the institutions of the state.
Simultaneously, the Charter on the Basic Rights of the European Union (2000), in article 21 forbids any discrimination including that on the basis of sexual orientation.
The Treaty of Amsterdam which came into effect on May 1st, 1999 brought new changes by introducing a new clause, Article 13 of the same Treaty, which covers discrimination on the basis of sexual orientation along with that on the basis of sex, race, nationality, religion, belief, disability and age.
The Directive 2007/78/EC of the Council of Europe announces a general frame for equal treatment in employment. The purpose of the Directive is the fight again discrimination on all grounds, including sexual orientation.
Many indicators have shown that some forms of discrimination are on the rise and the minimal EU standards have not been implemented and encouraged in many countries. The European Commission wanted to hear what people thought about these problems, how they are affected by them, and what sort of action they expect from the EU. By this the Commission will manage to easily design policies which will reach the most subtle worries of people and in turn better their lives. This initiative was the basis for the Green Paper on Equality and Non-discrimination in an Enlarged EU, adopted by the European Commission on May 26th 2006.
Abiding and implementing all conventions, declarations, protocols, and directives of the European institutions which guarantee human rights and liberties, represents the basic step of Macedonia’s ascension to the EU and EU legislation, as well as the development and consolidation of a democratic and humane society.
*The reaction is supported by the following NGOs:
CGCP- Centre for Civil and Human Rights
EGAL- Equality for Gays and Lesbians
Mr. Žarko Trajanovski (M.A. Human Rights)
HOPS – Healthy Options Project
PASSAGE
* we also expect support from Polio Plus – Protection of the Rights of Disabled Citizens and MHRN-Macedonian Harm Reduction Network
The Macedonian Association for Free Sexual Orientation – MASSO, after carefully reviewing the Draft Law on the Police submitted to the Parliament of Macedonia by the Government of Macedonia (MIA) would reacted in regards to a number of weaknesses and shortcomings of the abovementioned draft law. The Police is one of the most important factors for the successful implementation of the basic human rights and freedoms proclaimed in the international conventions and declarations, as well as the Constitution of the Republic of Macedonia.
This draft law on the Police manifests flagrant shortcomings in regards to the basic mechanisms and procedures which warrant the safety, protection, equality and non-discrimination of all of the citizens of Macedonia, and especially its marginalised groups.
Based on this MASSO directs its remarks in a number of directions:
- The lack of previous consultation and inclusion of the organisations from the non-government sector which find their field of interest and activism in the realm of human rights and freedoms, in the preparation, and drafting of this Draft Law.
- Opposite of the standards according to which the police is to nurture a high level of professionalism , there is no mention of the need for further professional and educational improvement of those employed in the Police Force as well as the obligation to encourage and enable such future improvements. Also, there is no mention of special training seminars, instructional seminars and supplemental instructional seminars which will entail training in the field of human rights. It remains unclear how the police is to protect human rights and the conventions which guarantee them.
- The draft law does not explicitly mention the guarantee of protection against discrimination on the basis of sexual orientation, anywhere.
- Article 96 which stresses the necessity to respect the principle of gender equality and equal representation of the ethnic communities in employment with the Police of Macedonia, once again lacks the section with which it is to guarantee non-discrimination on the basis of sexual orientation when employing.
- The pamphlets, distributed through the printed media by the Ministry of Internal Affairs of Macedonia, with the intent to promote the draft law among the general population mentions the focus on enabling greater protection “ of human rights and freedoms regardless of their race, nationality, religious, social affiliation and gender”. However, our Constitution states that “ the Citizens of Macedonia are equal in their rights and freedoms regardless of their sex, race, colour of skin, national and social origin, financial or social status”. Thus, the Constitution mentiones more grounds as opposed to those stated by the Ministry of Internal Affairs. The lack of the inclusion of sexual orientation and the protection thereof as a constituent part of the basic human rights and freedoms is in opposition to the European International conventions which guarantee the protection of the human rights of LGBT individuals. The subtraction of the entire concept of human rights is also noted in the level of the deficiency of the guarantee to protect against discrimination on the basis of age, disability, personal persuasion and gender expression. This poses the question: What is the mechanism which is to guarantee the protection of individuals who may express their social, political or other persuasion, which is different from the dominant concept on which rests the functioning of the police system or of individuals within it? How will the protection of the individuals with a different gender expression from the norm be implemented in their employment or supervision by the police?
- The lack of the introduction of supervision and control over the work of the police by an outside neutral party which would prevent any potential danger of bureaucratisation within the police system, and the founding of the same as an autocratic, self-contained system marked by all of the negative consequences of nepotism, corruption and abuse of power.
A more intensive focus on human rights and liberties, as well as the fight against discrimination within the boundaries of the statute of the Police is a necessary and indispensable step in the integration of Macedonia into the EU, as well as the inclusion and adaptation of the police in the current processes and ordinances of the Council of Europe and the European Institutions.
This last decade has demonstrated that the interventions of the European institutions for human rights are ever more dynamically concentrating on the fight against discrimination on the basis of sexual orientation.
The draft law on the Police opposite of such tendencies of the European institutions demonstrates a significant degree of neglect of current changes within the existing conventions and resolution, which in turn shows that the Law and the Legislature are an exceptionally subtle and fluid matter shifting its shape to the imperatives of humaneness, democracy and the respect of differences in people.
Article 14 of the European Convention on Human Rights and Liberties (1953) forbids discrimination on the basis of race, nationality, religious, social or sexual affiliation or other status or characteristics.
Protocol 12 which was published as a supplement and expansion of the Convention, guarantees antidiscrimination, and article 1 of the same, as a general ban on discrimination, among the banned basis for discrimination, The European Court of Human Rights confirms that sexual orientation is included under “other status” in the list of banned discrimination. Calling on the fact that Macedonia is one of the countries that have ratified Protocol 12; abiding by the same presents a moral and legal obligation of Macedonia and the institutions of the state.
Simultaneously, the Charter on the Basic Rights of the European Union (2000), in article 21 forbids any discrimination including that on the basis of sexual orientation.
The Treaty of Amsterdam which came into effect on May 1st, 1999 brought new changes by introducing a new clause, Article 13 of the same Treaty, which covers discrimination on the basis of sexual orientation along with that on the basis of sex, race, nationality, religion, belief, disability and age.
The Directive 2007/78/EC of the Council of Europe announces a general frame for equal treatment in employment. The purpose of the Directive is the fight again discrimination on all grounds, including sexual orientation.
Many indicators have shown that some forms of discrimination are on the rise and the minimal EU standards have not been implemented and encouraged in many countries. The European Commission wanted to hear what people thought about these problems, how they are affected by them, and what sort of action they expect from the EU. By this the Commission will manage to easily design policies which will reach the most subtle worries of people and in turn better their lives. This initiative was the basis for the Green Paper on Equality and Non-discrimination in an Enlarged EU, adopted by the European Commission on May 26th 2006.
Abiding and implementing all conventions, declarations, protocols, and directives of the European institutions which guarantee human rights and liberties, represents the basic step of Macedonia’s ascension to the EU and EU legislation, as well as the development and consolidation of a democratic and humane society.
*The reaction is supported by the following NGOs:
CGCP- Centre for Civil and Human Rights
EGAL- Equality for Gays and Lesbians
Mr. Žarko Trajanovski (M.A. Human Rights)
HOPS – Healthy Options Project
PASSAGE
* we also expect support from Polio Plus – Protection of the Rights of Disabled Citizens and MHRN-Macedonian Harm Reduction Network
