Recent information pertaining to the prevalence of child abuse in Macedonia is limited, and the Research Directorate was unable to find current analyses or statistics that might characterize the situation in Macedonia. According to the Secretary-General of the First Children's Embassy in the World-Megjashi (FCEWM), a non-profit NGO that promotes and protects children's rights, there is no official research or reporting on this topic in Macedonia (21 July 2003). The NGO Save the Children-Macedonia (SCMKD) also noted in 2000 that research on child abuse was lacking (17 May 2000, Sec. 3.c.iv).

The representative of FCEWM described child abuse in Macedonia as a serious problem (21 July 2003). SCMKD reported that few cases of violence and abuse of children reach the courts and that, when they do, judges tend to be lenient (17 May 2000, Sec. 3.c.iv). Furthermore, the group adds that Macedonian criminal law is also lenient concerning the sexual abuse of children for the purposes of prostitution and regarding enabling sexual acts, unlike the penalty for incest, which is "exceptionally high" (SCMKD 17 May 2000, Sec. 3.c.iv). Under Article 194 of the Criminal Code, incest with a child is punishable by a sentence of at least three years imprisonment (SEELINE 13 May 2003).

Shelters

The Secretary-General of FCEWM indicated that there was only one NGO shelter for victims of violence in Macedonia servicing both women and children (21 July 2003). A South Eastern European Women's Legal Initiative (SEELINE) report posted on the Internet on 13 May 2003 identified two of what it says are several shelters for victims of abuse: the Hope crisis centre run by the NGO Organization of all Organizations of Women in Macedonia and the Shelter-Center run in conjunction with the Ministry of Labour and Social Policy. In addition, the report notes that all NGOs that have SOS crisis telephone lines receive calls from abused children from across Macedonia (SEELINE 13 May 2003).

Social Work Centres and the Ministry of the Interior

With respect to the availability of state protection, a delegation of Macedonian officials gave testimony before the United Nations Committee on the Rights of the Child on 17 January 2000 and reported that "Social Work Centres" were authorized to receive and act on complaints of child abuse or exploitation made by family members, medical centres, the police or schools (ibid. 22 Feb. 2000, para. 8). The Ministry of Labour and Social Policy established the Social Work Centres as "public social protection institutions" under the Law on Social Protection of Children and the Family Act (ibid. 21 Jan. 2000, para. 39). In 2000, there were 30 Social Work Centres and Institutions (SCMKD 17 May 2000, Sec. 2.a). A 2003 European Union press release mentions its cooperation with ten Social Work Centres in Delcevo, Skopje, Bitola, Stip, Kumanovo, Gevgelija and Ohrid (EU 14 Feb. 2003).

Upon receipt of a complaint by the Social Work Centres, a group of specialists study the case, and, where psychological abuse is evident, the child may be removed from the home and placed in foster or institutional care (UN 22 Feb. 2000, para. 8). Under Article 159 of the Family Law, the Social Work Centres obtain guardianship when it is determined that "parents, regardless of the reasons, temporarily or permanently do not perform their parental rights and duties" (SCMKD 17 May 2000, Sec. 3.b.i). Removal of a child can be appealed to the Ministry of Labour and Social Policy, then to the Supreme Court and finally to the Public Prosecutor's Office (UN 21 Jan. 2000, para. 35).

Article 19 of the Law on Social Protection defines children's rights to social protection institutional care (SCMKD 17 May 2000, Sec. 3.b.i). The institutions that accommodate neglected and abused children and youth are the Institution for Babies and Small Children accommodating children up to 3 years of age and the Institution for Children and Youth "11th October"- Skopje providing care for children between ages 3 and 18 (ibid., Sec. 2.a). Foster care falls under Article 70 of the Law on Social Protection (ibid., Sec. 3.b.i). Recent information concerning the number of children in institutional guardianship or foster care was not found among the sources consulted.

The Macedonian delegates to the UN additionally noted that the Ministry of the Interior has a division that monitors the abuse of minors (UN 22 Feb. 2000, para. 9). For any complaint made at a police station by a minor, the victim must be accompanied by a family member (other than the abuser) and can only make a statement in the presence of a social worker (ibid.). The complaint report is then forwarded to the "government procurator's office and the examining court" (ibid.). When describing the activities of the Ministry of the Interior, a delegate noted that "[i]n most cases, the abuser would be brought before the courts to face criminal charges and, depending on the seriousness of the case, [the] parents could be deprived of their parental rights" (ibid. 21 Jan. 2000, para. 8).

With respect to the effectiveness of state protection, the 2000 UN delegation's testimony said that the Social Work Centres lack centralized coordination (ibid., 21 Jan. 2000 para. 42), are understaffed and have "scarce financial resources [with an] increasing number of children in need" (ibid., 22 Feb. 2000, para. 12). According to SCMKD, the Social Work Centres and police departments have insufficient training in child abuse cases, and parental control over children is rarely challenged (17 May 2000, Sec. 3.c.iv).

Public Attorney's Office

Nevenka Krusharovska (Krusarovska), Deputy Public Attorney, head of the Public Attorney's Department for the Protection of Children's Rights (DPCR) and Ombudsperson for Children's Rights, described the DPCR's role as a "guardian dog for children's rights" (ENOC 12 Nov. 2002). Formed in 1998 by the Public Attorney's Office (ibid.), the department is primarily focussed on individual cases of child protection referred to it by complaint or undertaken on the office's own initiative (ibid. 26 Nov. 2001). In so doing, the Department has protected and accommodated "a great number" of children who have had their rights violated (ibid. 18 Sept. 2002, 28). In addition, recognizing that many street children come from abusive homes, the Department opened a shelter in 2001 staffed by professionals seeking to help the children reintegrate into society and speaking with parents in an effort to prevent future abuse (ibid. 26 Nov. 2001).

In November 1999, the Public Attorney's Office created a special Ombudsperson for Children's Rights (ibid. 2 Oct. 2001), who is elected by the Macedonian parliament for a term of eight years (ibid. 30 Mar. 2001). By law, the Ombudsperson is an independent and impartial office authorized to take action against public authorities on behalf of citizens (ibid. 2 Oct. 2001). According to the 2000 Macedonian testimony given before the United Nations, the four objectives of the Ombudsman office for children were to educate on children's rights, "to promote the exercise of children's rights, to organize visits by social workers from the Centres, and to conduct a comprehensive analysis of Macedonian legislation" in regard to international obligations (UN 21 Jan. 2000, para. 48). Among its particular focuses are families in which there is abuse and neglect and those which forcibly send their children to beg or engage in criminal activities (ENOC 30 Mar. 2001).

Ombudsperson Krusharovska admitted in early 2001 that awareness of the office's mandate and role was low among Macedonian authorities, and as a result, the Ombudsperson's proposals and recommendations faced political resistance (ibid.). In addition, the FCEWM Secretary-General noted that the Ombudsman's office required more than the two persons allotted it to ensure faster processing and response to child abuse complaints (21 July 2003). As of November 2002, the office had processed 50 cases concerning child rights violations and written recommendations for changes to Macedonian child protection laws (UN 20 Nov. 2002).

NGOs

A number of Macedonian NGOs are reported to provide assistance in cases of child abuse, including:

- "Child Abuse," Skopje (PILI 16 Mar. 2001),

- Council for Child Protection from Sexual Abuse (SCMKD 17 May 2000, Sec. 2.i)

- the Felix Group, also known as the Association for Preventive Work with Children, Youth and Their Families "Grupa Feliks," Bitola (PILI 16 Mar. 2001),

- First Children's Embassy of the World-Medjashi (FCEWM), Skopje (FCEWM 24 Apr. 2003; ibid. May 2001; CRIN n.d.),

- First Children's Embassy-Shtip (SCMKD 17 May 2000, Sec. 2.i) and,

- Save the Children-Macedonia, Skopje (ibid. n.d.).

In addition, the following NGOs monitor issues related to children's rights and the implementation of the United Nations Convention on the Rights of the Child:

- Centre for Human Rights "Amos," Bitola (CRIN n.d.),

- Defence for Children's Rights, Skopje (DCI n.d.),

- Journalists for the Protection of the Rights of the Child, of the Women and for Protection of Environment in Republic of Macedonia (SCMKD 17 May 2000, Sec. 2.i),

- Macedonian National NGO Child Rights Coalition (MNNGOCRC) (CRIN 19 Feb. 2003; FCEWM 24 Apr. 2003), a coalition of 28 NGOs based in Skopje (ibid. May 2001) and

- Organization for Protection of the Children's Rights (SCMKD 17 May 2000, Sec. 2.i)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Child Rights Information Network (CRIN). 19 February 2003. "Macedonian National Coalition." http://www.crin.org/organisations/viewOrg.asp?ID=1140&name=Macedonian+National+Coalition [Accessed 30 June 2003]

_____. n.d. "Organisations in Macedonia, the Former Yugoslav Republic of." http://www.crin.org/organizations [Accessed 10 July 2003]

Defence for Children International (DCI). n.d. "International Network on Juvenile Justice (INJJ) Partners: Defence for Children's Rights." http://www.defence-for-children.org/ong/injjdata.nsf/0/f7dc2294cde70546c125681000361436?OpenDocument&ExpandSection=2 [Accessed 30 June 2003]

European Network of Ombudsmen for Children (ENOC). 12 November 2002. "Macedonia Update 2002: Republic of Macedonia Public Attorney-Ombudsman, Department for Protection of Children's Rights." http://www.ombudsnet.org/Ombudsmen/Macedonia/Macedonia_update_2002.htm [Accessed 30 June 2003]

_____. 18 September 2002. Nevenka Krusharovska. "Republic of Macedonia: The Public Attorney, Department for the Protection of Children's Rights." Presented at the CEE/CIS and the Baltic States Ombudspersons for Children Seminar, "Challenges and Opportunities for Promotion and Protection of the Rights of the Child in Central and Eastern Europe, Warsaw, 24-26 June 2002. http://www.ombudsnet.org/documents/ChallengesandOpportunities.pdf [Accessed 11 July 2003]

_____. 26 November 2001. "Activities 2000-2001: Competences and Structure of the Institution of the Public Attorney and of the Department for Protection of Children's Rights." http://www.ombudsnet.org/Ombudsmen/Macedonia/Activities_00_01.htm [Accessed 30 June 2003]

_____. 2 October 2001. "Macedonia: Summary." http://www.ombudsnet.org/Ombudsmen/Macedonia/Macedonia.htm [Accessed 30 June 2003]

_____. 30 March 2001. Nevenka Krusarovska. "Macedonia Update: Authority and Structure of the Ombudsman's Office and the Department for Protection of Children's Rights" http://www.ombudsnet.org/Ombudsmen/Macedonia/Macedonia_Update.htm [Accessed 30 June 2003]

European Union. 14 February 2003. European Agency for Reconstruction. "Launching of Eleven Pilot Projects to Support Reforms in the Social Sector." (Press Release EAR/SKO/2003/004) http://www.ear.eu.int/publications/news-a1a2e3ed4.htm [Accessed 11 July 2003]

First Children's Embassy of the World-Medjashi (FCEWM), Skopje, Macedonia. 21 July 2003. Correspondence with the Secretary-General.

_____. 24 April 2003. "Macedonian National Coalition of NGO's for Protection of the Rights of Children (MNCNPRC)." http://www.childrensembassy.org.mk/English/projects/index.htm [Accessed 30 June 2003]

_____. May 2001. "The Situation of Crisis in the Republic of Macedonia and Our Response." http://www.childrensembassy.org.mk/English/news/index.htm [Accessed 30 June 2003]

Public Interest Law Initiative (PILI). 16 March 2001. "Macedonian NGOs: Appeal for Peace." (Public Interest Law Network 19 Mar. 2001). http://www.pili.org/lists/piln/archives/msg00738.html [Accessed 30 June 2003]

Save the Children Macedonia (SCMKD). 17 May 2000. "Macedonian Report for Balkan Child Rights Initiative." Report received by email from the First Children's Embassy of the World-Medjashi, 21 July 2003.

_____. n.d. "Save the Children Macedonia." http://www.org.mk/scmkd [Accessed 10 July 2003]

South Eastern European Women's Legal Initiative (SEELINE). 13 May 2003. Penelopa Gjurcilova. "Criminal Code Report: Macedonia." http://www.seeline-project.net/CCR/MacedoniaCCR.htm [Accessed 21 July 2003]

United Nations. 20 November 2002. United Nations Children's Fund (UNICEF). "Monitoring Child Rights: Legislation for Compliance with the Convention on the Rights of the Child (CRC)" http://www.unicef.org/Macedonia/protection/protection_rights_content.htm [Accessed 30 June 2003]

_____. 22 February 2000. Committee on the Rights of the Child. "Summary Record of the 598th Meeting: The Former Yugoslav Republic of Macedonia." Testimony given to the 23rd Session of the Committee on the Rights of the Child, Palais des Nations, Geneva, 17 January 2000. (CRC/C/SR.598) http://www.unhchr.ch/tbs/doc.nsf/385c2add1632f4a8c12565a9004dc311/d9d165f1ec95004f8025689400448840?OpenDocument&Highlight=0,macedonia,child [Accessed 10 July 2003]

_____. 21 January 2000. Committee on the Rights of the Child. "Summary Record of the 597th Meeting: The Former Yugoslav Republic of Macedonia." Testimony given to the 23rd Session of the Committee on the Rights of the Child, the Palais des Nations, Geneva, 17 January 2000. (CRC/C/SR.597) http://www.unhchr.ch/tbs/doc.nsf/385c2add1632f4a8c12565a9004dc311/9c47fd6a5cdd30c0802568770048cc66?OpenDocument&Highlight=0,grozdanova [Accessed 10 July 2003]

Additional Sources Consulted

The First Children's Embassy of the World-Medjashi (FCEWM) and the Macedonian National NGO Child Rights Coalition were unable to respond within the time constraints of this Response.

Unsuccessful attempt to contact Save the Children Macedonia

Internet sites, including:

Bulletin of the Yugoslav Child Rights Centre

Child Abuse and Neglect in Eastern Europe (CANEE)

Focal Point Against Sexual Exploitation of Children

European Country of Origin Information Network

Save the Children Macedonia

South Eastern European Child Rights Action Network

UNICEF

Virtual Office for Youth NGOs from Southeastern Europe