Access to Justice Report

2022

TRANSPARENCY, ACCOUNTABILITY AND EFFECTIVENESS OF THE COUNCIL OF PUBLIC PROSECUTORS OF THE REPUBLIC OF NORTH MACEDONIA

December 2022

MONITORING REPORT ON THE WORK OF THE JUDICIAL COUNCIL

January - June 2022

Analysis of national documents relevant for combatting corruption

MONITORING REPORT ON THE FULFILLMENT OF THE "POLICY PLAN FOR GOOD GOVERNANCE"

Monitoring report on the fulfillment of the "Policy Plan for Good Governance", in the period from April to June 2022, was prepared within the framework of the project "Monitoring of national actions for combating corruption" in order to measure the level of implementation of the document and presentation of the open issues, gaps and deficiencies in the implementation of the planned steps.

SECOND MONITORING REPORT ON THE IMPLEMENTATION OF THE ANTI-CORRUPTION PLAN "ACTION 21" AND THE NATIONAL STRATEGY FOR PREVENTION OF CORRUPTION AND CONFLICT OF INTEREST

January - March 2022

SUMMARY OF POLICY PAPER: THE IMPORTANCE OF THE HUMAN RIGHTS-BASED APPROACH IN THE RESPONSE TO THE COVID-19 HEALTH CRISIS IN THE REPUBLIC OF NORTH MACEDONIA

FIRST MONITORING REPORT ON THE IMPLEMENTATION OF THE ANTI-CORRUPTION PLAN “ACTION 21” AND THE NATIONAL STRATEGY FOR PREVENTION OF CORRUPTION AND CONFLICT OF INTEREST

March - December 2021

Constitutional Court of the Republic of North Macedonia, Experience and Perspectives

HUMAN RIGHTS SITUATION IN THE REPUBLIC OF NORTH MACEDONIA

IMPLEMENTATION OF THE HUMAN RIGHTS-BASED APPROACH FOR CIVIL SOCIETY ORGANISATIONS

The approach based on human rights, in terms of methodology, is a framework aimed at including human rights in all development programmes, projects and activities. This approach puts the emphases on exercising the rights instead of meeting the needs of the most vulnerable groups in the society. 

This methodology of the Human Rights-Based Approach (HRBA) is primarily intended for CSOs. The application of HRBA should not include a completely new way of operation but systematic and inclusive planning and implementation of projects and programmes, including always the protection of human rights in all aspects of work.

IMPLEMENTATION OF THE HUMAN RIGHTS-BASED APPROACH IN THE BUSINESS SECTOR

Respect for human rights is the responsibility of every owner and manager of a company. Today, almost all companies employ workers, have suppliers and business partners from abroad, including from countries known for their low level of respect for human rights, and offer a range of products and services that, despite the positive benefits, can serve to abuse human rights. For example, transportation industry and tourism are often abused for human trafficking. Telecommunications services, apart from connecting people, are also often used to violate privacy rights and freedom of movement. Therefore, identifying key human rights risks, and introducing and  implementing policies and measures that will ensure company’s respect of human rights, is becoming a mainstream approach to doing business in the world. 

This methodology allows for harmonized application of the human rights-based approach and the Guiding Principles on Business and  Human Rights. It is intended for businesses to apply it, and for civil society organisations and institutions to monitor and support its implementation.

IMPLEMENTATION OF THE HUMAN RIGHTS BASED APPROACH IN POLICY AND PROGRAMMING PROCESSES WITHIN PUBLIC INSTITUTIONS

The developed methodology and indicators below are to be used by employees in government that are engaged in any of the phases described below, regardless of the level they occupy within the organizational structure. After all, implementation of HRBA is a complex and team effort encompassing many government representatives, as well as other state and non-state stakeholders. Even though there are a lot of overlaps between implementing HRBA in policy and programming, on one side, and service provision by public entities, on the other, this publication is intended to be used for the former. The methodological approach to mainstreaming HRBA in service provision should be additionally developed, having in mind the numerous specificities of service provision and human rights. The current publication can only be used as a point of reference regarding public service provision.

FORTH MONITORING REPORT FOR THE STATE ATTORNEY’S PERFORMANCE

EFFICIENT CRIMINAL JUSTICE: OVERVIEW OF THE CASES INITIATED BY THE SPP

The deep political crisis which grew in Republic of North Macedonia, followed by continuous dysfunctionality of the regular Public Prosecution, but also the imposed political influences on it were the main reasons that in 2015 led to initiating an ad hoc body with a role to sanction the preceding “damage” from the several year-long, commonly accepted policy and practice of impunity, especially regarding the high political elites and officials in the country. After the events which happened in the Special Public Prosecution in August 2019, which peaked with the arrest of the Special Public Prosecutor and raising charges for conduction of two crimes – receiving prize for unlawful influence and misuse of official position and authorization, the SPP de facto ceased to exist, and its authorizations were “transferred” to the regular Public Prosecution. Starting from the relevance of the problem, which is the key question to this Analysis – the efficiency of the criminal justice, the issue of the capacities of the courts for leading these cases is raised, i.e. what is the reason for the impression of the audience, both professional and non-professional, that the justice is not satisfied.

ANALYSIS ON THE QUALITY OF THE REFORMS REGARDING APPOINTMENT, APPOINTMENT IN HIGHER COURTS AND DISMISSAL OF JUDGES

The judges, as bearers of the judiciary, are guardians of the human rights and freedoms, and they serve as the highest warrants for the protection of the rule of law. They are implementators of the judiciary, enforcers of the law and creators of the judicial practices, and as such, are obliged to guard the determination of the State and the judiciary to protect the democracy based on rule of law and promotion of the system for protection of the human rights.

When it comes to performance of the judicial office, appropriate conditions must be provided to guarantee actual independence of the courts as judiciary institutions, but also individual independence, impartiality, quality, professionalism and efficiency of the judges when deciding in the specific cases.

HANDBOOK FOR APPLICATION OF THE HUMAN RIGHTS BASED APPROACH

The pursuit of the protection of human dignity of all human beings is at the core of the concept of human rights, putting the notion of the individual at the centre of attention. Understanding human rights principles and procedures enables people to participate in social decisions affecting their lives, and act in the direction of resolving conflicts, improving life standards and enabling an environment for prosperity.

Communities, governments and the international community need to face up to the challenge of combating the root causes of violations of human rights which lead to discrimination, marginalization, social exclusion, and the unjust access to, and distribution of, the benefits of public goods and services. This is where a human rights-based approach to development becomes relevant.

BASELINE ANALYSIS OF THE FUNCTIONING OF THE JUDICIAL COUNCIL OF THE REPUBLIC OF MACEDONIA

This baseline analysis of the functioning of the Judicial Council of the Republic of Macedonia was developed under the “Increased Public Supervision of the Operation of the Judicial Council of the Republic of Macedonia” project implemented by the Institute for Human Rights with the support of the British Embassy in Skopje. It provides an overview of the current operation of the Judicial Council of the Republic of Macedonia (hereinafter: JCRM).