The authorities failed to address concerns about torture and other ill-treatment, including against prisoners and minorities. Roma children were not provided with equal access to education. The government did little to fight prejudice and hate speech against Roma and LGBTI people. Refugees and migrants, mostly from the Middle East and Asia, remained at risk of abuse and violence at the country’s borders.

Background

A new president was elected and a government was appointed in May, following campaigns marred by online and verbal attacks on politicians, minorities, women and the LGBTI community. North Macedonia’s accession to the EU stalled as parliament failed to pass a constitutional amendment enshrining Bulgarians as “constituent people”.

Torture and other ill-treatment

The UN Committee against Torture (CAT) raised concerns about the overall lack of funding and chronic understaffing of the prison system, and called for effective investigations into allegations of torture and other ill-treatment, including use of coercion and excessive force. It also urged the authorities to ensure that discriminatory motives behind crimes were adequately investigated and considered in criminal prosecutions.

Children’s rights

In February, the Supreme Court ruled in favour of the European Roma Rights Centre and mostly Roma children placed in the Tetovo correctional home in Volkovija. The court ordered a reassessment of a 2022 ruling by the Skopje Court of Appeal regarding equal access to education for children in custody. The Court of Appeal had previously rejected a complaint alleging that the child correction system failed to provide equal access to education for children in custody, which constituted both direct and indirect discrimination. It then issued a revised ruling that the authorities had to provide access to education in the correctional home; however, such measures remained to be implemented.

In June, the CAT welcomed the adoption of the Law on Justice for Children, which incorporated the principle of the best interests of the child in contact with the justice system. UNICEF commended the law’s restorative justice approach, emphasizing the child’s right to be heard and aiming for rehabilitation and reintegration as desired outcomes.

However, the CAT also raised serious concerns about reports of a high rate of mental health conditions and over-medication of children in correctional institutions.

Discrimination

The revision of laws on gender equality and on civil registry (the latter enabling legal gender recognition for transgender people) remained stalled as a result of a coordinated, public “anti-gender” campaign.

Roma

In September the Commission on Prevention and Protection from Discrimination (CPPD) issued an opinion on the beating in 2021 of a Roma child by police officers in Prilep. The commission identified direct discrimination on grounds of ethnicity and race, and recommended that the Ministry of Interior conduct a genuine, prompt and full internal investigation and provide access to justice to the victim. The CPPD also recommended that Prilep municipality take steps to address school segregation affecting Roma children in the town.

In April, with the support of NGOs, local action plans for Roma integration were adopted in 14 municipalities, including Shuto Orizari in Skopje, Kicevo, Prilep and Bitola.

Muslim women

The CPPD issued an opinion in April, establishing discrimination on grounds of gender and religious belief in relation to a complainant who was refused service in a restaurant because she was wearing a headscarf.

LGBTI people

The CPPD also issued several opinions on online discrimination and incitement against LGBTI people, finding that negative public attitudes persisted on social media. As the UN CAT noted, the Criminal Code does not incorporate a clear and comprehensive definition of hate speech that includes sexual orientation and gender identity as protected grounds. In September, responding to recommendations received through the UPR, the government indicated that it did not plan to introduce such amendments to the Criminal Code.

Refugees’ and migrants’ rights

In February, the NGO Legis reported that groups of refugees and migrants trying to reach Serbia had been stripped of most of their clothing in freezing temperatures at the border, allegedly by Serbian border police, and returned to North Macedonia. Macedonia did not systematically provide access to shelter and essential services for refugees and migrants. The NGO also reported on the continuing practice of unlawful pushbacks to Greece at the southern border.