Monitoring the EU Integration Process – Fundamental rights: a framework exists, implementation varies and more money is needed everywhere

Although, in general, the basic freedoms and human rights are respected in RNM, structural discrimination still exists. Even with all the strategies and laws, implementation depends on management capabilities for the specific sectoral areas covered (children, Roma, anti-discrimination), but also on funding. According to all the experts we talked to, the development of the degree of fulfillment of basic rights also has a price, and every executive authority in the state budgets must calculate this.

The report, which is the last of the project “Promoting Accountability and Transparency of Public Reforms”, which is implemented by the “Metamorphosis” Foundation for Internet and Society from Skopje, with the support of the National Endowment for Democracy from the USA, the Executive Summary includes some of the following conclusions:

  • Human rights in RNM are generally respected, although in some areas cases of structural discrimination are still observed. The competent institutions in the executive branch of power sometimes register cases of violation of human rights and discrimination.
  • The strategic and legal framework for respect of fundamental rights in RNM is well covered, generally in line with all major international regulations, with the exception of certain segments that are related to the LGBT community. However, the need to make legal amendments to certain laws that practice has shown to have weaknesses is constantly pointed out, and that amendment is often delayed for various reasons – sometimes by the executive, sometimes by the legislative authority.
  • Implementation suffers from two problems in general – lack of human or infrastructural capacity and lack of money i.e. underestimated funding from the Budget.
  • The problem with poor conditions in detention and prison institutions, as well as in educational and correctional institutions for minors, is still strongly expressed and these are moving forward with a very slow pace of improvement.
  • Discrimination and violence against the LGBT community are still present to a large extent. Transphobia is strongly expressed even by representatives of both the government and the opposition.
  • The inclusion of the Roma, although normatively covered, suffers from insufficient budgetary support, and the Roma still faces examples of discrimination and segregation.
  • Hate speech (and hate crime) is a phenomenon that has a worsening and increasing trend in the last two or three years, including 2022, and the main reason is impunity, not recognition and reporting to competent institutions.

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