CCPR/C/MKD/CO/2
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6.
The Committee welcomes the amendments to the Criminal Code, decriminalizing the
offences of defamation (art. 172), insult (art. 173) and expressing personal or family
circumstances (art. 174) as steps in the right direction towards ensuring freedom of opinion and
expression particularly of journalists and publishers.
C.
Principal subjects of concern and recommendations
7.
The Committee welcomes the establishment of the Office of the National Ombudsman,
but notes that it is not fully in accordance with the principles relating to the status of national
institutions (Paris Principles), adopted by the General Assembly in resolution 48/134 (art. 2).
The State party should ensure that the Office of the National Ombudsman is fully in
accordance with the Paris Principles and ensure that it is completely independent
also in terms of funding. The Committee also invites the State party to consider the
establishment of a more widely mandated national human rights institution for the
protection and promotion of human rights and fundamental freedom in The former
Yugoslav Republic of Macedonia.
8.
The Committee, while commending the numerous efforts taken by the State party to
combat corruption, be it high-level or small-scale, with a view to achieving the “zero tolerance”
goal for corruption in the State party, remains concerned about the persistence of corruption and
its negative impact on the full enjoyment of the rights guaranteed by the Covenant (art. 2).
The State party should continue its efforts to combat corruption so that attitudes in
society change and corruption is not perceived as unavoidable.
9.
The Committee, while welcoming the adoption of the Law on Equal Opportunities for
Men and Women and the increasing number of women holding higher positions in the private
sector, remains concerned by the level of participation and representation of women in
governmental institutions as well as by the way women are perceived in society (arts. 3 and 25,
26).
The State party should continue to promote the participation and representation of
women in the governmental and private sector and implement positive measures in
accordance with article 6 of the Law on Equal Opportunities for Men and Women
to this end. It should further undertake educational campaigns to change the
perception of women in stereotypical roles in the State party’s society.
10.
The Committee is concerned about the undue burden of proof, detrimental to the
protection of victims, required for a conviction of rape in the legal definition of rape in the State
party’s Criminal Code (art. 2 (1), 3, 7 and 26 of the Covenant). It welcomes the State party’s
readiness to take into account the Committee’s concerns and recommendation regarding this
issue in their current effort to amend the Criminal Code.
The State party should amend the law to ensure that no undue burden of proof is
imposed on victims of rape and no environment of impunity is created for
perpetrators of such crimes.
11.
The Committee notes the long-standing concerns about the behavior of certain elements
of the police forces, including ill-treatment of detainees, as well as reports of deficiencies in the
current police internal oversight mechanisms. It is, in particular, concerned about reports of