Introduction

The International Helsinki Federation for Human Rights (IHF) and its affiliates has monitored the human rights situation in the Balkans and documented human rights violations in conflict areas in the former Yugoslavia since the 1980s.^[1] The IHF has affiliates in each of the former Yugoslav republics as well as in Kosovo and Montenegro. These groups work together and with other Helsinki Committees in the IHF. 

Macedonia is the only former Yugoslav republic that avoided being drawn into the wars that followed the disintegration of the former Yugoslavia. However, after independence in 1991, Macedonia has experienced many difficulties and crises, including the international sanctions against the Federal Republic of Yugoslavia in the 1990s, the Greek embargoes against Macedonia in 1992 and 1994, and the war in Kosovo and the refugee crisis in 1999. There have also been several crises of government and a number of political scandals. 

In the beginning of March 2001 Macedonia attracted international attention following reports of clashes between Macedonian forces and Albanian armed groups of the National Liberation Army (NLA) in northern Macedonia close to the Kosovo border. The guerrillas claim to fight for the rights of Albanians within Macedonia. In the beginning of April, fighting spread to Tetovo and surrounding villages.  

The clashes, and the possibility that the fighting may escalate to civil war, represent the greatest challenge Macedonia has faced so far. There is a danger that the situation may spin out of control and that it will not be possible to sustain peaceful co-existence among the peoples of Macedonia. 

IHF teams consisting of members of the Macedonian, Norwegian and Serbian Helsinki Committees and the IHF Secretariat conducted fact-finding missions to Macedonia from 22 to 27 April 2001 and from 19 to 23 May 2001. The teams met with Macedonian and Albanian political leaders, representatives of institutions and non-governmental organisations, the media, and international representatives. The teams also visited villages in western and north-western Macedonia where fighting had taken place. In these villages the team interviewed civilians that witnessed the conduct of the security forces during and after the military offensive in March 2001.

a) General Background

Macedonia has a population of more than 2 million. According to official statistics 66,6% are ethnic Macedonians while 22,9% are Albanians. There are also Turks, Vlachs, Roma, Serbs and others. Albanians claim that they constitute more than 30% of the population, and that there have been grave shortcomings in the last two censuses, despite the fact that the second one, in the year 1994, was conducted under the monitoring of the international community. Albanians claim that, due to the Citizenship Act, over 100 000 Albanians were left out of the statistics. (See also section 1d). A new census scheduled to take place in the autumn of 2001 will hopefully resolve the conflict over the size of the ethnic groups. 

Macedonia has until recently been noted as a positive example of peaceful multiethnic co-existence in the Balkans. Since 1992 the country has had coalition governments consisting of both Macedonian and Albanian parties. However, despite co-operation at the political level, the relations between Macedonians and Albanians have been marked by growing geographic, economic and social segregation. There has been a lack of contact and collaboration between the two largest ethnic groups and a lack of understanding for each others situation and motives. 

There are a number of factors that separate the two main ethnic groups. Macedonians and Albanians belong to different cultures and religions. Most Albanians are Muslims while the Macedonians are Orthodox Christians. They speak different languages and there is little inter-ethnic communication. There are few mixed marriages. Albanians are geographically concentrated in the western areas close to the Kosovo border while Macedonians live in other parts of the country. Even in multiethnic towns, like the capital city Skopje, Macedonians and Albanians live in separate neighbourhoods, with their own caf and meeting places. They read different newspapers that address mainly their own population groups. Even after a doubling in numbers during the last two years, only 7% of civil servants are Albanians. Albanians have established a tradition of small enterprises and shops, and ethnic Macedonians and Albanians generally operate in different economic spheres. In the police less than 3% are Albanians. 

Day-to-day discrimination and several episodes of police brutality and other human rights violations have been documented by Human Rights Watch, Amnesty International and the Macedonian Helsinki Committee. Consequently, there is a growing feeling of mistrust towards the state among Albanians. The war in Kosovo contributed to further widening the gap between the groups. Albanians sympathised with their brothers in Kosovo, while ethnic Macedonians sympathised with the Serbs, as they feared that a Kosovo dominated by Albanians could give rise to increased nationalism among Albanians in Macedonia. The Macedonians also feared that the influx of hundreds of thousands of refugees from Kosovo might destabilise the country and alter the demographic balance in favour of the Albanians. The interpretations of the Kosovo war showed the difference in perception of international affairs between Albanians and Macedonians.

b) The Constitution

The Preamble of the Macedonian Constitution has been the subject of controversy since it was adopted soon after the 1991 referendum on Macedonian independence from Yugoslavia. The dispute is based on whether Macedonia should become a civic state for all citizens regardless of ethnicity, or a national state dominated by ethnic Macedonians, as it is perceived mainly by the Albanian population. The Preamble states:

Macedonia is established as a national state of the Macedonian people, in which full equality and permanent co-existence with the Macedonian people is provided for Albanians, Turks, Vlachs, Romanies and other nationalities living in the Republic of Macedonia.

Albanian political parties claim that the Constitution is the main source of the current conflict. The Albanians feel that the Constitution divides the population into first and second-class citizens and thus represents the basis of discrimination against Albanians.

On the other hand, the general opinion among Macedonians is that the country is already rather generous regarding the rights of the Albanians. Many ethnic Macedonians fear that constitutional amendments may threaten their identity and be the first step towards dividing the country. They suspect that the Albanians in reality wish to divide Macedonian in order to create a Greater Albania.

c) Language and Higher Education

Macedonian language, written using the Cyrillic alphabet, is the official language in Macedonia. Minority languages can be used alongside Macedonian in municipalities where those nationalities are in majority or make up a considerable number of inhabitants. To have Albanian recognised as a second official language is one of the most important demands for the Albanians. This would include the use of Albanian in public administration, courts, parliament, and in all levels of education. 

The dispute over language has been harsh, particularly in regard to the issue of higher education. The Albanian community has long considered this as one of the most important Albanian demands. Article 48 in the constitution guarantees the right to primary and secondary education but makes no reference to higher education: 

Members of the nationalities 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 the language of a nationality, the Macedonian language is also studied. 

To teach in public schools and high schools Albanian teachers need higher education, notes Xhylmizare Kasapi, member of the Macedonian Helsinki Committee. Before 1992, the most important educational institution for ethnic Albanians in Macedonia was the Albanian University in Pristina. However, the university was closed by the Serbian authorities in the early 1990s, which is one of the reasons behind the creation of the University in Tetovo in 1994. The university in Tetovo was immediately declared unconstitutional, but despite the governments many attempts to close it, including the use of police force, the university is still functioning with a constantly growing number of students, although its degrees and diplomas are not officially recognised. 

However, a compromise solution proposed by the OSCE High Commissioner on National Minorities seems to be more acceptable to the Macedonians. This includes the creation of a new private multi-lingual educational institution, financed by international organisations and third party states. The private institution will be located in Tetovo, and is planned to be operational from autumn 2001. The then ruling DPA accepted this as a compromise, but large parts of the Albanian population claim that this solution is not satisfactory. According to them, the only solution will be the legalisation of the already existing University of Tetovo. 

d) Census Disputes and the Citizenship Act

Albanians claim that over 100 000 Albanians were left out of the statistics of the census in 1994, after a restrictive Citizenship Act was adopted in 1992. The Citizenship Act has also been criticised by various international human rights organisations, the OSCE High Commissioner on National Minorities, UNCHR, etc. Such pressure has eventually led the Macedonian authorities to propose a new Citizenship Act. According the draft law ten instead of fifteen years of residency will be sufficient for naturalisation, the provisions on the conditions like income, living place and health are much better, as are the provisions on marriage as a condition for earlier naturalisation. Nevertheless the Ombudsmans office regarded these improvements as minor, and assessed that this draft does not represent any substantial changes to the existing legislation.

The Citizenship Act states that citizenship may be acquired in four ways: by birth in the territory of Macedonia, by ethnic origin, through naturalisation, or through international approval. To obtain citizenship through naturalisation, the applicant must meet 8 requirements. The criteria specified in the Citizenship Act, article 7, are as follows:

1. Applicants must be at least 18 years of age.

2. Applicants must have resided continuously for at least fifteen years in Macedonian territory.

3. Applicants must be physically and mentally healthy.

4. Applicants must have residential facilities and a permanent source of funds.

5. Applicants must not have been convicted of a crime on Macedonian territory

6. Applicants must speak the Macedonian language.

7. Applicants must agree not to endanger the security or defenses of Macedonia.

8. Applicants must renounce foreign citizenship.

 

These requirements have the effect of excluding persons, who are not born in Macedonia with at least one parent with Macedonian citizenship, but who had been working in other Yugoslav republics during the former regime and later returned or moved to Macedonia. Clearly these legal prerequisites do not take into account the fact that people could move freely within the borders of the former Yugoslav Federation. 

The discriminative aspects of the legislation are also linked to the fact that ethnic Macedonians may be granted citizenship regardless of their country of residence. The term of the Act, that the state can also deny a person citizenship for security reasons without giving any reason or explanation, was removed after a decision of the Constitutional Court of Macedonia three years ago. The Albanians complain that these restrictions have been intentionally instated in order to restrict the rights and political influence of Albanians. One should not underestimate the inherent conflict potential of a continuously discriminative legislation and practice, that implicitly fosters more radical and impatient Albanian political movements.

e) Local Governance

Macedonia is a very centralised state, and the distance between decision-makers and citizens is large. The state is the only tax-collecting body. The municipalities lack all kinds of resources, and the state has a major say in appointment of local officials. Municipalities control less then two percent of public resources. People complain about local government administration, which has at its disposal a budget barely covering municipal administrative salaries.

Strong centralisation has not contributed to Albanians identifying themselves as Macedonian citizens. The ministry of local governance, which was established in 1998, works to clarify the relationship between central and local authorities. Increased local self-government may give municipal authorities a better chance to satisfy local needs.

f) The Media

The media monopoly in Macedonia was shattered in the new political climate during the first years after independence and as a result of the financial assistance by the international institutions. The electronic media is the most important source of information. After independence more than 200 new private radio and TV stations were established. The state owned Macedonian Television (MTV), continues to be the most influential television channel. All the minorities in Macedonia have their own TV-programmes in this station. The Albanians in Macedonia argue that they should have a higher percentage of airtime in MTV. In April 2001 the government decided to create a third MTV-channel for minorities. 

The question still remains as to what extent the new media pluralism is contributing to the public debate in terms of challenging political decisions or bridging inter-ethnic divisions. A serious obstacle to the creation of a multiethnic society in Macedonia is the absence of common ground. This is clearly reflected by the fact that the various media generally represent and address only their own ethnic group and not the Macedonian public as whole. The political and cultural debate as such is largely divided along distinct ethnic lines, which rarely intersect. 

We feel that there is no free press in Macedonia. Everything is politics, said Seladin Xhezairi of the Albanian news magazine Lobi. According to him independent media are under pressure from the government, albeit not direct pressure.

2. Findings

During the period when IHF conducted the first fact-finding mission (22-27 April 2001) the fighting between Albanian guerrillas and Macedonian forces had calmed down, while at the political level intense negotiations took place about the possible formation of a broad coalition government. The idea of such a government was supported and promoted by the international community. It was held that everyone had a responsibility to end the crisis. In our meetings with representatives of political parties and organisations we inquired about their views on the nature and causes of the crisis. At the time of the second fact-finding mission (19-23 May 2001), violence had again started, with considerably increased intensity, increasing the danger for severely damaging future prospects of inter-ethnic life in Macedonia.  

In particular, we sought to gather views and facts about the ongoing political negotiations, the role of the guerrillas, the governments approach, the situation of the civilian population, and possible solutions to the crisis and the role of the international community.

a) Political Developments

Due to unresolved inter-ethnic issues, most of the political parties in Macedonia are ethnically based. However, during the last 10 years, a tradition of multiethnic governing coalitions has been established.  

During the last few years Macedonian politics has been dominated by four parties; on the one hand the ethnic Macedonian parties VMRO-DPMNE and the Social Democratic Alliance of Macedonia (SDSM), and on the other hand the Albanian Party for Democratic Prosperity (PDP) and Democratic Party of Albanians (DPA).  

In addition, there are a number of smaller parties, among them the Democratic Alliance (DA), which consists of politicians from various ethnic groups, the Macedonian Liberal Party (LP), the Socialist Party (SP), and the two nationalist parties VMRO-VMRO and the recently established National Democratic Party (NDP), which is said to be close to the Albanian NLA guerrilla.    

The first government assumed power in 1991 and saw Macedonia through the initial phases of transition. From 1992 to 1998 Macedonia was governed by a coalition consisting of the Albanian Party for Democratic Prosperity (PDP) and parties formed out of the remains of the Former Communist authorities in which the Social Democratic Alliance of Macedonia (SDSM) was the dominating. After the election in 1998, the new Coalition was formed by the VMRO-DPMNE, DPA and Democratic Alliance (DA). By February 2001, the governing coalition consists of VMRO-DPMNE, DPA and the small Liberal Party (LP).  

Short-lived governing coalitions and the role of the opposition are indeed manifestations of the turbulent political climate with fiercely populist manifestos and constantly changing party constellations.  

Whereas in the previous government the Albanian PDP had almost no real power, DPA has more influence in the current government, with five ministers. The opposition on the ethnic Macedonian side, especially SDSM, has criticised VMRO-DPMNE for giving the Albanians too much power in government.  

The Albanians, on their part, have had great expectations of DPA in the governing coalition, in regard to the main Albanian political demands: 

• higher education in the Albanian language,

• accepting Albanians as a constituent nation,

• the recognition of Albanian as an official language,

• the use of the Albanian flag, and

• the equal representation in the public administration. 

After more than two years, ethnic Albanians are complaining that no substantial improvements have taken place, and some are asserting that DPA is more concerned about staying in power than about Albanian rights. The harshest criticism has been voiced by PDP.  

The opposition has accused the government of politicising the public administration and of being responsible for political scandals, corruption and nepotism. As an example, the minister of defence (from VMRO-DPMNE) had to resign in the middle of the crisis in April 2001 due to involvement in an extensive corruption scandal.

b) Views About the Ongoing Crisis

The clashes during the spring of 2001 have led to a radicalisation of the opposition parties. Many of the people we interviewed thought the parties have exploited the crisis in order to criticise the government. The Macedonian President, Boris Trajkovski, has from March 2001 initiated regular talks with the established parties in order to find a solution to the crisis.

No one on the Albanian side thought the ongoing negotiations would lead to a solution. PDP leader Imer Imeri said the real negotiations have not yet begun. DPA were of a similar opinion. The Albanian parties also agreed that the source of the crisis was the 1991 Constitution and the discrimination against the Albanian population. 

10 years of negotiations between Macedonians and Albanians have failed. Government propaganda about good inter-ethnic relations has led to the current conflict, Imeri said. He argued that the crisis could only be resolved if the Constitution was amended and if NLA were included in the negotiations. First of all, they had to be offered amnesty. He also contended that the government propaganda about victory over the terrorists after the Tetovo offensive, coupled with the international communitys support for the government, had a negative impact on the situation. In regard to the situation in the villages where fighting had taken place, Imeri said the government must refrain from acts of vengeance and instead work to support the repatriation of refugees. In his opinion, this would only be possible if the security forces retreated and the government guaranteed the safety of those who returned.

DPA leader Arben Xhaferi pointed to the state concept as the root of the crisis: Macedonia is a multiethnic community, but the state concept is mono-ethnic. The state institutions are controlled by one ethnic group. According to Xhaferi, the ethnic Macedonians generally feel that they alone own the state and regard the Albanians as immigrants. As opposed to PDP, Xhaferi thought it was not necessary to include NLA in the negotiations.^[2] NLAs demands are our demands. If the demands are met the NLA fighters will lay down their weapons. If some of them do not, they will be a small and isolated group. Xhaferi found the NLA demands reasonable but said the Albanians do not support their methods. He argued that the country needed a broad coalition government that could instigate extensive reforms, such as a revision of the Constitution. The international community could assist Macedonia in carrying out reforms and facilitate integration into the European Union.

Both PDP and DPA supported the territorial integrity of Macedonia and did not regard a federal state as a possible solution.

Mr. Agim Leka, one of the leaders of the newly organised National Democratic Party (NDP), suggests the federalisation of the state, according to the Belgium model, with two federal units, and Skopje being the capital and having a special status. For Mr. Leka federalisation would simply recognize what is fact, and by this would bring people closer. It is better to have a clear situation. As the first necessary precondition for peace he sees negotiations, or at least contacts, between the army and the rebels. Second: Not only should there be an amnesty, but the fighters should be allowed to join the army and police structure. Mr. Leka was aware that this sounded utopian, but thought it would be the best solution for reconciliation.

Among Macedonian politicians the dominant view is that Macedonians are the ones that should give the Albanians rights and that Albanians demand too much and wish to take something from Macedonians.

Filip Petrovski, representative of the government party VMRO-DPMNE, thought the Macedonians could not grant more rights to the Albanians, because they have had more than enough rights. In his opinion, the root of the conflict was the idea of a Greater Albania. He opposed revising the Constitution and did not regard it as discriminatory: The Preamble has only historic and not judicial connotations. Changing it may lead to war. Petrovski offered no concrete suggestion as to how the crisis may be resolved. According to him, the terrorists from Kosovo constituted the only problem in the country. The situation would be resolved only when they laid down their weapons. He also denied that security forces had mistreated civilians and arbitrarily killed a 16-year old Albanian boy in Selce on 3 April. Petrovsky said the relations with DPA had deteriorated somewhat as a result of the crisis. He stated strong pressure from the international society as the main reason that the party had agreed to form a coalition government.

Goran Janjev, researcher from Center for Ethnic Relations thought the crisis was a result of irresponsible politicians on both sides who from the very start have played on nationalist sentiments. Everyone regarded a broad coalition government as necessary in order to initiate reforms and avoid that opposition parties, both Macedonian and Albanians, appealed to nationalist feelings.

The view of representatives of the lesser minorities (Turks, Roma, Serbs and Vlachs), to whom we spoke, indicated that they are discontent that there is only talk about the problems of the Albanian ethnic community, but that not enough attention is paid to them. These groups fear that the consequence of an agreement with the Albanian minority could eventually be, that they would become even further marginalized.

The Turkish minority in Macedonia, for example, makes up around 5 % of the population. The President of the Turkish Democratic Party (TDP), Mr. Erdogan Sarac, claimed that the Turkish minority does not have enough secondary schools in Turkish language, that those have inadequate financial means for necessary reconstruction by the Ministry of Education, and that they were disadvantaged in exams for admission to secondary education, mainly due to their limited knowledge of the Macedonian language.

He also claimed that the Turks are highly underrepresented in the public sector (less the 1%). He emphasized the need for a real civic state in Macedonia and opposed the present definition of Macedonia as the nation state of the Macedonians with the other ethnic communities as minorities. He said that the Macedonian constitution of 1974 had offered a better definition of the Macedonian state. But he strongly opposed the eventual definition of Macedonia as a bi-national state of Macedonians and Albanians with all others as minorities. He said that Macedonia should be better depicted as a country that is multiethnic and multi-confessional.

He told us that in the villages of Plasnica, Preglovo, Lisicani and Jelovjani in Western Macedonia a large number of Turks wanted to declare themselves as Turks, but were refused and declared by the Macedonian state to be Macedonians of Muslim religion. The Turks living in Albanian neighbourhoods in Western Macedonia are under assimilation pressure to see themselves as Albanians, as they share the Muslim religion with the Albanians, but are less in number and live scattered in Macedonia. That there is also a quite high number of Turks in Eastern Macedonia was not recognized until 10 years ago. The Turkish villages in this area are totally neglected by the state with no infrastructure at all.

c) Human Rights Violations in Villages around Tetovo

Reports in early March 2001 of clashes between government forces and Albanian armed groups in northern Macedonia caused grave concern, both among people living in Macedonia and in the region at large. Recent wars and human rights atrocities in countries of the former Yugoslavia provide stark examples of the situation that may arise if the conflict is allowed to escalate. The clashes spread to Tetovo and surrounding villages by the end of March. The situation calmed down somewhat in early April, when the government military offensive ended and the guerrillas declared a unilateral ceasefire. 

Along with several other villages around Tetovo, Selce was hit by artillery attacks from Macedonian forces fighting Albanian armed groups operating in the area. In Selce the delegation met a few elderly Albanian farmers. They guarded abandoned livestock and property. According to the villagers we met, only 70 people remained in the village. The rest of the population of more than 3,000 had fled to Kosovo. Several houses had been hit by grenades. The mayor of Tetovo told us about his efforts to repatriate refugees after the offensive ended in March. According to him, approximately 300 refugees returned to Selce upon his request. However, everyone left again after a 16-year-old boy, Omer Shabani, was killed by Macedonian special forces on 3 April. Witnesses say Shabani was tending his animals when the security forces killed him. The main reason that people do not return, according to those who remain in Selce, is that they fear reprisals from the security forces and that their safety has not been guaranteed. Both the mayor of Tetovo and the people in Selce said that the refugees could return only if top Macedonian government officials would guarantee their safety. 

The mayor of Xhepqishte, Vebi Ismaili, told of provocations by the security forces in the municipality and of police brutality in the village of Germa, where the forces while they were searching for weapons acted in a threatening manner and destroyed furniture and property in a number of houses. 

Raids in search of weapons have also been conducted in Sipkovica, where the security forces had bombed some civilian targets. The teachers in the public school in Sipkovica said the pupils were scared, and that they each day had to pass military checkpoints to get to work. Lately there have been reports that the school has been closed because the teachers could no longer pass the checkpoints. 

In the village of Poroj, not far from Selce, we were told that Macedonian security forces entered the village one or two times every day. They were often masked carrying knives and they provoked the Albanians by playing Serbian music from the loudspeakers of the police vehicles. On 6 April Naser Veliu (42), Xhelal Halili (44) and more than 30 other men from Poroj (two from Germa) were arbitrarily arrested by the police. Some were arrested on their way to work, others in their homes. All were thrown into a military truck, and subjected to beating, kicking and verbal abuse for several hours. We were beaten by canes, batons and other weapons, and one of the arrested was sexually abused, said Naser Veliu. The arrested men were taken to the police station in Tetovo where the ill-treatment continued. Several of the victims needed medical attention afterwards. Most were released without charges.  

The incidents in Poroj appears to have been an act of vengeance on the part of the police after the armed clashes in the area in March, or possibly an attempt to frighten and subdue the population. The arrests and ill-treatment have caused fear among civilians, who experience strong feelings of humiliation. Several people stated concern for their family as the reason they had not joined those in the mountains.

d) Human Rights Violations in Villages around Kumanovo

After the killing of 8 soldiers by the NLA on 28^th April and of another two on 3^rd May as well as the declaration of a liberated zone around Kumanovo by the NLA, the Macedonian army and police started to resume their military actions against the NLA. The army and police forces started to shell, interrupted by some short ceasefires, around a dozen of villages in the northwest of Kumanovo, with a bigger number of villages, that can be only reached after crossing police checkpoints that can refuse the passage.  

At the humanitarian relief organisation El Hilal we spoke to a number of internal displaced persons (IDPs). One man came from the village Orizaje, being in the middle of the fighting zone, and he told us that one old man was shelled with 7 grenades when he went out of the house to do some field work. He also told us that the cemetery of the village was hit by 10 grenades, and that nearly all the houses had been destroyed. 

About another village, Opae, being outside of the fighting zone by that time, we were informed by residents, that the police had used violent means in forcing them to leave the village. "Both army and police entered the village. They came also to our basement, where 45 people had gathered, and made us leave by beating and pointing with guns at us. Some were beaten, when they had been on the street already. They tore apart the Koran, put it on the ground, and made us walk on it. They broke every window, took all paintings from the wall and then looted everything they could." According to these reports also the mosque has been destroyed by the army. It struck them that only Albanian property was destroyed in this operation, but no Macedonian one.
 

We spoke also to the seven members of the Hamidi family one day after they had been evacuated from the village of Runica, 4 kilometers north of Slupcane, in connection with a military operation of the Macedonian army in this village. According to them, all 7 family members, including 4 young women, had been heavily beaten on the back and the breast. Three of them showed us the traces of the beatings. The young man and one of the women additionally had head wounds from strokes with a kalashnikov. Reportedly the young man was covered with gasoline and threatened to be burnt, which was prevented by his mother and his sisters. The old father, also having been severely beaten so that his breast was swollen, was in a very bad condition and urgently needed to be transferred to a hospital, which was complicated by the fact that the family, as well as the relatives were too afraid to pass through the police checkpoints, who control everybody who is coming in and out of this region. According to the report of the family masked army members, numbering around 150, entered the ten house hamlet at around 4 a.m. in the morning of May, 21st. They said that the village at this time was with the exception of them empty, as all other villagers had left already in the night. They were forced to leave their house, and later had to watch the village burning. According to them the hamlet was completely destroyed. Only at 4 p.m. were they brought by a helicopter to the police station in Kumanovo, from where they were brought to relatives close to Kumanovo.
 

The chief of the police in Kumanovo stressed that the biggest problem for them would be that civilians are used as human shields by the armed extremists. He claimed that in the operation they would only target a house, if the owner is not there any more and if the extremists used it recently, or if they have precise information that the headquarter are there at a certain moment. The civilians who leave the battle zone would only go through a routine control, where the data of the persons is noted and the luggage checked. Suspicious persons would be interviewed longer, but also at the checkpoint.

e) The Role of the International Community

The international community has for a long time been present in Macedonia. The main aims have been monitoring of the political situation, conflict prevention, democratisation, promotion of inter-ethnic collaboration, and the integration of Macedonia into Europe. The OSCE has monitored elections as well as the general human rights situation. The OSCE High Commissioner on National Minorities, Max van der Stoel, has for years worked to improve inter-ethnic relations and, in particular, minority-language education.

After the clashes in the spring of 2001, the international community has taken a very active role in trying to re-establish peace and stability in the country. The High Representative for Foreign and Security Politics of the EU, Javier Solana, and NATO Secretary General George Robertson, have on several occasions met with government and political representatives in Macedonia, urging them to seek a peaceful solution to the conflict. They have supported the authorities in the military efforts against the guerrillas while at the same time stressing the need for a restrained response and protection fort the civilian population.  In this way one has sought to isolate the guerrillas politically and pass a strong message to potential insurgent groups in the Balkans that it is unacceptable to fight for rights by means of armed struggle.

The international community has put strong pressure on the Macedonian authorities and the opposition parties to form a broad coalition government, to postpone a census planned for April, and to carry out measures to reduce conflict potential and initiate dialogue. The signing of the Stabilisation and Association Agreement between Macedonia and the EU on 9 April 2001 was regarded as an important step in the right direction. This will be a major success for EU foreign policy if it can lead to a proper political dialogue on the causes which have led to some of the recent violence, said European Commission spokesman Gunnar Wiegand.

A representative from an intergovernmental organisation said there is broad consensus in Macedonia that the country should seek integration in the EU, but no clear policy on how to proceed. Macedonia has yet not developed a state administration independent from the political sphere. The administration is completely dominated by the political factor. The EU demands are very hard. The government lack professional capacity to implement them.

3. Conclusion

The current conflict is primarily grounded on the discriminatory practices and human rights abuses. 

The International Helsinki Federation for Human Rights strongly denounces the use of violence as a means to further political demands. The military activities of NLA endanger the lives of civilians and contribute to widening the divide between ethnic Albanians and ethnic Macedonians.  

The conflict in Macedonia falls under the jurisdiction of the International Criminal Tribunal for the former Yugoslavia and both parties to the conflict must respect fundamental human rights and humanitarian law. 

The most fundamental principle of international humanitarian law is the distinction between civilians and combatants. The First Additional Protocol of the Geneva Convention, which prohibits indiscriminate attacks, is acknowledged as international common law that also applies to internal conflicts. Indiscriminate attacks are those which are not directed at a specific military objective, or those which employ a method or means of combat the effects of which cannot be limited as required by the Protocol, and consequently, in each such case, are of a nature to strike militarily objectives and civilian objects without discrimination. The ways in which some villages have been attacked cause concern as to whether Macedonian authorities have made sufficient efforts to respect these provisions. 

Information about the conduct of Macedonian security forces in villages around Tetovo and Kumanovo is a cause of concern as to whether Macedonian forces and authorities respect the provision of Article 3 of the Geneva Conventions. This provision protects those who do not take active part in hostilities from serious violations, including torture, cruel treatment and outrages upon personal dignity. 

The International Helsinki Federation for Human Rights stresses that the current crisis cannot be resolved militarily. A long-term solution to the conflict requires a political, peaceful process. Violation of humanitarian law will inhibit such a process.  

Lessons from previous conflicts in the former Yugoslavia show that only swift and resolute action for a peaceful solution from the involved parties and a strong involvement by the international community can prevent the prolongation and escalation of the current conflict. IHF makes the following recommendations:

4. Recommendations

To Macedonian Authorities:

• The government should abstain from declaring a state of war. The IHF is deeply concerned about the potential for escalating violence in Macedonia by such a step.

• The government and the military forces must respect the Geneva Conventions of 1949 and their Additional Protocols. Macedonian authorities must prohibit attacks against civilians and all use of violence, or threats of violence, aimed at frightening the civilian population.

• Macedonian authorities must prosecute and indict persons responsible for any violations of humanitarian law.

• The authorities must facilitate the repatriation of refugees and internally displaced persons.

• All the political parties must demonstrate a real will to solve the conflict by political means, in co-operation with the international community.

• NLA must demonstrate a real will to seek a peaceful, political solution to the current crisis, by showing their readiness to immediately end their illegal and illegitimate use of force.

• While the fighting is still going on, the leaders of NLA must ensure that the forces under their control respect the Geneva Conventions of 1949 and their Additional Protocols.

To Civil Society in Macedonia:

• Civil society should initiate and continue efforts to promote dialogue, increased understanding and tolerance between the different ethnic groups in Macedonia.

• The Media must abstain from hate speech and instead promote dialogue, peaceful political solutions, and multiethnic co-existence. 

To the International Community:

• Should put pressure on the involved parties to implement the above recommendations.

• Should send an international corps of observers to Macedonia.

• Should intensify efforts to integrate Macedonia into the European community by providing economic and political support as well as technical and professional assistance to Macedonian institutions promoting reforms. Only when the conflict areas of the Balkans are better integrated in Europe will ethno-nationalism lose momentum.

Footnotes
1. See, for example:
Divided Communities - A Study of Inter-Ethnic Relations and Minority Rights in Macedonia, Norwegian Helsinki Committee, April 2001
The Macedonian Side of the Conflict in Kosovo, Report of the Netherlands Helsinki Committee and the Norwegian Helsinki Committee in cooperation with the International Helsinki Federation for Human Rights (IHF) Fact-Finding Mission to Macedonia, 25. September - 1. October 1998.Macedonia Police Violence: Official Thumbs Up, Human Rights Watch Report, April 1998
Report to the OSCE: The International Helsinki Federation for Human Rights Fact-Finding Mission to Macedonia. 10-14 April 1997, May 1997
A Threat to Stability: Human Rights Violations in Macedonia, Human Rights Watch Report, June 1996
2.  In the meantime Mr. Xhaferi changed his position in this question.