NATIONLESS
It is our great pleasure to present the publication “Nationless” which came as a product from the collaborative initiative between the Institute of Social Sciences and Humanities – Skopje, the organization Dam Dash- Belgrade and the University of Thessaloniki - Department of Balkan, Slavic and Oriental Studies which brought together around 100 artists, theoreticians and activists in a series of exciting events in the three cities. Some of the materials produced during these are presented in this publication.
The project NATIONLESS was created to open a space for artistic intervention, thinking and re-thinking the particular issue of nationalism and its social reproductive power with a specific focus on the broken communication and a virtually complete lack of collaboration between regional artists and intellectuals. However, the project NATIONLESS does not seek to overcome the mere problem of lack of communication but rather, through an artistic undertaking, to challenge competing nationalisms in the different countries through artistic-political and theoretical explorations of the idea of “nation.” The political status of “nationality” is the main pillar of all other political and social categories and processes in these three countries. It determines the cultural capital of nationhood and national origin which further influences the economic processes and possibilities of social mobilization and solidarity. Therefore, this project seeks to problematize national(ist) identity politics that are ‘inclusive’ for some, and always ‘exclusive’ for the others and paralyzing of all politics that debunk the sanctity of the ethnic principle of social mobilization. The project represents a counterweight to the current political tendencies by engaging grassroots actors to tackle the social consequences of the mainstreamed nationalism. The project presents an innovative and cross-disciplinary approach to devising tools developed throughout the production process and which represent a contribution to the general contemporary praxis in art and theory in the Balkan region. These tools are open to further reapplication, modification and adaptation, thus enabling a new transformative praxis to take place on the basis of this project. We want to thank ArtAngle – Balkans for their support of the NATIONLESS project. |
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POLICY BRIEF "A Look Back and a Glance Forward at the Occasion of the First Anniversary of the Special Public Prosecutor Office:
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| POLICY BRIEF - The Urgency of the UBK Related Reforms |
Excerpt from the brief.
Apart from policy changes and concrete action in the institutional practice, legislative interventions are required in order to ensure the basic principles of a democratic and European state are observed in the functioning of the UBK. The excessive power of the UBK and its interference in the work of “the leader of investigation” (SEGR, 5) undermines the country’s compliance with the Copenhagen criteria by way of compromising the independence of the judiciary (i.e., the prosecution). For these purposes, a minimum consensus along different party lines in the Parliament is indispensable as the precondition for reform processes in terms of legislation revision.
The legislation contradicts itself among a number of articles in two related laws or, at least, displays vagueness which permits arbitrariness in the actions of UBK. Namely, articles 9 and 10 of the Law on interception of communication* require a valid court order for a definite period of time for an interception process to be initiated. However, the Law on electronic communication** enables unrestricted access of UBK to constant mirroring and direct capturing of signal intimates practical total absence of oversight which can invite arbitrariness in action on the part of UBK. The articles 175 and176 of the Law on electronic communication, as noted in the Senior Experts’ Group Report, allow that ”the three national telecommunications providers to equip the UBK with the necessary technical apparatus, enabling it to mirror directly their entire operational centres. As a consequence, from a practical point of view, the UBK can intercept communications directly, autonomously and unimpeded, regardless of whether a court order has or has not been issued in accordance with the Law on Interception of Communications.” (SEGR, 6)Thus, the Senior Experts’ Group urges Republic of Macedonia to divest UBK from its power to directly intercept communications and requires that “proprietary switches” are “moved to the premises of the telecommunication providers.” Legal interception should be enabled only by way of diverting signal to the competent law enforcement agencies by the telecommunication providers upon the receipt of a valid court order. This implies that intervention in legislation is required, namely addressing issues raised by the Senior Experts’ Group, in particular with regard to the articles 175 and 176 of the Law on electronic communication.
Undertaking action in addressing the UBK related recommendations in the Senior Experts’ Group report is the first and necessary step to guarantee commitment by all parties-signatories of the June/July Agreement of 2015 (or the so-called “the Pržino Agreement) to engage in effective reforms aiming at dismantling the system that enables state capture. Adopting changes in legislation to ensure such a commitment will be the material proof of will of the parties to do something more than merely maintain or establish change in power after the early elections in December 2016.
In conclusion, we recommend:
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* "Amendment to the Law on Interception of Communications" [Закон за изменување и дополнување на законот за следење на комуникации], Official Gazette of the Republic of Macedonia 116 (2012) [Сл. Весник на Р. Македонија, 116 (2012)].
** "Law on Electronic Communication" [Закон за електронските комуникации ] Official Gazette of the Republic of Macedonia 39 (2014) [Сл. Весник на Р. Македонија 39 (2014)].
Apart from policy changes and concrete action in the institutional practice, legislative interventions are required in order to ensure the basic principles of a democratic and European state are observed in the functioning of the UBK. The excessive power of the UBK and its interference in the work of “the leader of investigation” (SEGR, 5) undermines the country’s compliance with the Copenhagen criteria by way of compromising the independence of the judiciary (i.e., the prosecution). For these purposes, a minimum consensus along different party lines in the Parliament is indispensable as the precondition for reform processes in terms of legislation revision.
The legislation contradicts itself among a number of articles in two related laws or, at least, displays vagueness which permits arbitrariness in the actions of UBK. Namely, articles 9 and 10 of the Law on interception of communication* require a valid court order for a definite period of time for an interception process to be initiated. However, the Law on electronic communication** enables unrestricted access of UBK to constant mirroring and direct capturing of signal intimates practical total absence of oversight which can invite arbitrariness in action on the part of UBK. The articles 175 and176 of the Law on electronic communication, as noted in the Senior Experts’ Group Report, allow that ”the three national telecommunications providers to equip the UBK with the necessary technical apparatus, enabling it to mirror directly their entire operational centres. As a consequence, from a practical point of view, the UBK can intercept communications directly, autonomously and unimpeded, regardless of whether a court order has or has not been issued in accordance with the Law on Interception of Communications.” (SEGR, 6)Thus, the Senior Experts’ Group urges Republic of Macedonia to divest UBK from its power to directly intercept communications and requires that “proprietary switches” are “moved to the premises of the telecommunication providers.” Legal interception should be enabled only by way of diverting signal to the competent law enforcement agencies by the telecommunication providers upon the receipt of a valid court order. This implies that intervention in legislation is required, namely addressing issues raised by the Senior Experts’ Group, in particular with regard to the articles 175 and 176 of the Law on electronic communication.
Undertaking action in addressing the UBK related recommendations in the Senior Experts’ Group report is the first and necessary step to guarantee commitment by all parties-signatories of the June/July Agreement of 2015 (or the so-called “the Pržino Agreement) to engage in effective reforms aiming at dismantling the system that enables state capture. Adopting changes in legislation to ensure such a commitment will be the material proof of will of the parties to do something more than merely maintain or establish change in power after the early elections in December 2016.
In conclusion, we recommend:
- Change in legislation in reference to articles 175 and 176 of the Law on electronic communication that will enable for the proprietary switches to be moved back to the telecommunications providers and for UBK to be divested of the technical capability to directly capture signal, as proposed in the Senior Experts’ Group Report.
- Revision of the legal provisions concerning parliamentary oversight of the UBK that will circumvent the issue of conflict of interest which is permitted by the vagueness and contradicting stipulations of the current legislation (as noted in the Senior Experts’ Group Report).
- Legislative interventions to be carried out by the Parliament should be coupled by bylaws to be adopted by the law enforcement agencies endorsing policies of transparency and rule of law.
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* "Amendment to the Law on Interception of Communications" [Закон за изменување и дополнување на законот за следење на комуникации], Official Gazette of the Republic of Macedonia 116 (2012) [Сл. Весник на Р. Македонија, 116 (2012)].
** "Law on Electronic Communication" [Закон за електронските комуникации ] Official Gazette of the Republic of Macedonia 39 (2014) [Сл. Весник на Р. Македонија 39 (2014)].
POLICY BRIEF "Towards a Solution for the Political Crisis in Macedonia:
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| Towards a Solution for the Political Crisis in Macedonia: Recovering the Legitimacy of the State Institutions |
INTRODUCTION
The state capture in Macedonia has been ongoing for years. Under the guise of EU integration oriented reforms, since 2011 mechanisms of legalizing pretension toward absolute rule of the executive branch have been established in Macedonia. Along with Hungary and other post-communist countries, Macedonia has been at the forefront of the rising “illiberal democracies” in Europe. The legally overly regulated areas of education, media and entrepreneurship have enabled perfectly legal academic and editorial censorship and a crony economy. The matter has been analyzed and presented in a series of research papers of ISSH-Skopje, and the simple claim that can be drawn is the following: the excessive regulation operates as the main gear of attributing virtually absolute power to the government. This pretension toward absoluteness of control by the executive branch results into undercutting the very possibility of effective autonomy of academia, media and of the area of small and medium domestic investment enterprises. Let us note that we do not argue either here nor in our previous studies for deregulation but rather for regulation which does not replace the secondary legal acts (e.g., bylaws) and does not establish party control via the legislation and the executive branch. The fact that the laws are detailed in ways in which bylaws, rulebooks and the various guidelines of companies, universities and media outlets would usually be detailed, speaks of authoritarian tendencies. The fact that these laws contain a number of administrative fines unprecedented anywhere in Europe enables the executive branch to circumvent the judiciary and establish unchecked control in all areas.
What enables the adoption of this type of laws is the Parliament that has been captured by the party-business elites. The current Parliament is a voting machine in the most literal sense of the word. Hence, in order to put the executive branch under effective control, in order to make it accountable and to solve the grave problem of its legally unchecked power, we argue, the local political elites, the civil society and the international guarantors of the June/July agreement (Pržino) should aim to empower the Parliament and restore its status among the three branches. Until the beginning of the so-called “political crisis,” the technique of legalizing restrictive policies and repression, has affected negatively many aspects of freedom and democracy. It has also served as the means of selective justice and business favoritism, while its bureaucratic complexity has functioned as the perfect smokescreen for corrupt policies and abuse of power (not necessarily for financial gains but very often for the sheer power itself).
The current crisis has involved the main pillars of the democratic political system of the country in actions that stretch beyond their constitutional powers and have consequently caused a disruption within the overall stability of the institutions of the state. A series of legally ambiguous decisions adopted by the Parliament, the Constitutional Court and the President have provoked deeper institutional uncertainty. Further ad hoc decisions have been made by the Parliament in the attempt to institutionally accommodate the politically volatile situation.
The state capture in Macedonia has been ongoing for years. Under the guise of EU integration oriented reforms, since 2011 mechanisms of legalizing pretension toward absolute rule of the executive branch have been established in Macedonia. Along with Hungary and other post-communist countries, Macedonia has been at the forefront of the rising “illiberal democracies” in Europe. The legally overly regulated areas of education, media and entrepreneurship have enabled perfectly legal academic and editorial censorship and a crony economy. The matter has been analyzed and presented in a series of research papers of ISSH-Skopje, and the simple claim that can be drawn is the following: the excessive regulation operates as the main gear of attributing virtually absolute power to the government. This pretension toward absoluteness of control by the executive branch results into undercutting the very possibility of effective autonomy of academia, media and of the area of small and medium domestic investment enterprises. Let us note that we do not argue either here nor in our previous studies for deregulation but rather for regulation which does not replace the secondary legal acts (e.g., bylaws) and does not establish party control via the legislation and the executive branch. The fact that the laws are detailed in ways in which bylaws, rulebooks and the various guidelines of companies, universities and media outlets would usually be detailed, speaks of authoritarian tendencies. The fact that these laws contain a number of administrative fines unprecedented anywhere in Europe enables the executive branch to circumvent the judiciary and establish unchecked control in all areas.
What enables the adoption of this type of laws is the Parliament that has been captured by the party-business elites. The current Parliament is a voting machine in the most literal sense of the word. Hence, in order to put the executive branch under effective control, in order to make it accountable and to solve the grave problem of its legally unchecked power, we argue, the local political elites, the civil society and the international guarantors of the June/July agreement (Pržino) should aim to empower the Parliament and restore its status among the three branches. Until the beginning of the so-called “political crisis,” the technique of legalizing restrictive policies and repression, has affected negatively many aspects of freedom and democracy. It has also served as the means of selective justice and business favoritism, while its bureaucratic complexity has functioned as the perfect smokescreen for corrupt policies and abuse of power (not necessarily for financial gains but very often for the sheer power itself).
The current crisis has involved the main pillars of the democratic political system of the country in actions that stretch beyond their constitutional powers and have consequently caused a disruption within the overall stability of the institutions of the state. A series of legally ambiguous decisions adopted by the Parliament, the Constitutional Court and the President have provoked deeper institutional uncertainty. Further ad hoc decisions have been made by the Parliament in the attempt to institutionally accommodate the politically volatile situation.
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Freedom of expression, association and entrepreneurship in a captured state: Macedonia in 2015
We are presenting the study: ” Freedom of expression, association and entrepreneurship in a captured state: Macedonia in 2015.” This study is a segment from the project “Analyses of the policies and laws that affect the freedom of expression,” supported by USAID and FOSIM.
The respective study is analyzing the laws and policies that restrict the freedom of expression and association. The main focus is on the areas of education, media, union association and strike, as well as on economic freedoms and their impact on small and medium sized enterprises. The study also includes case studies that are providing in-depth analysis of the implementation of the regulations and the effects of their implementation. | ||
TECHNOLOGY OF STATE CAPTURE
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| TECHNOLOGY OF STATE CAPTURE Overregulation in Macedonian Media and Academia |
The policy brief “TECHNOLOGY OF STATE CAPTURE Overregulation in Macedonian Media and Academia” analyzes the laws relating to the media and education in the period between the years 1995 to 2014 and shows how the legal mechanisms enacted by the government exert a direct pressure on the media and academic freedom. The document also contains recommendations to relevant stakeholders for changing the current legal practice towards enacting the principles of freedom of the media and academia.
Policy Memo
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| POLICY Memo - on the release of the EU Progress Report on Macedonia of November 2015 |
Excerpt from the memo.
Of the unexamined preconception about the “alignment with the Acquis”
There is a widespread preconception among the opinion makers, both local and international, that the legislation in Macedonia is “generally in line with the EU Acquis,” or in other words that “the laws are good, but the implementation is poor. We claim the opposite.
The legislation created by the ruling coalition is detailed to the extent of absurdity leaving it the single example in Europe of a hybrid of law and by-law (the only existing similarities we could note are those with the legislation of Hungary). It is also a hybrid of ordinary law and criminal code, allowing the ordinary law to fine draconically and thereby enabling the government to act as if it were the judiciary.
The type of legislation the ruling coalition produces leaves no space for the companies, institutions, organizations and other legal persons to make informed professional decisions and act with even a minimum of autonomy. It is also abundant with contradictions which bring in legal uncertainty leaving the implementation utterly arbitrary. Thus the excessive detailing allowing the government to directly control practically all imaginable activities within a company or an institution – and in the cases of the laws on education and media this tendency is most extreme – is coupled by an excessive number of administrative fines paralyzing free judgment.
The law on audio and audio-visual services is de facto a rulebook for the Agency (and, as a consequence, for the ministry) prescribing in detail the programmatic structure for all media outlets. A technical breach of even trivial prescriptions can lead to draconic administrative fining which can ruin an outlet without recourse to – or corruption of – the judiciary.
The Law on audio and audiovisual services enables the perfectly legal fact that the government is the biggest media advertiser in the country. The article 3 line 5 of the Law legalizes government propaganda. If Macedonia is a country in which party and state are blurred, government propaganda means party propaganda throughout the year. The government campaigns constantly, prior to any election campaign (something the incumbents do not need in order to win).
According to the European jurisprudence to which the Macedonian legal system has belonged since the beginning of its statehood, the category of laws called leges ordinares (ordinary law) should render the regulating role of the executive branch minimal. The ordinary law does not stipulate penalties except an almost symbolic number of administrative fines. In the case of education, according to our comparative analysis of the Macedonian and European legislation, the ratio between the number of administrative fines prescribed by the European and Macedonian laws is 1:67 respectively.
Of the unexamined preconception about the “alignment with the Acquis”
There is a widespread preconception among the opinion makers, both local and international, that the legislation in Macedonia is “generally in line with the EU Acquis,” or in other words that “the laws are good, but the implementation is poor. We claim the opposite.
The legislation created by the ruling coalition is detailed to the extent of absurdity leaving it the single example in Europe of a hybrid of law and by-law (the only existing similarities we could note are those with the legislation of Hungary). It is also a hybrid of ordinary law and criminal code, allowing the ordinary law to fine draconically and thereby enabling the government to act as if it were the judiciary.
The type of legislation the ruling coalition produces leaves no space for the companies, institutions, organizations and other legal persons to make informed professional decisions and act with even a minimum of autonomy. It is also abundant with contradictions which bring in legal uncertainty leaving the implementation utterly arbitrary. Thus the excessive detailing allowing the government to directly control practically all imaginable activities within a company or an institution – and in the cases of the laws on education and media this tendency is most extreme – is coupled by an excessive number of administrative fines paralyzing free judgment.
The law on audio and audio-visual services is de facto a rulebook for the Agency (and, as a consequence, for the ministry) prescribing in detail the programmatic structure for all media outlets. A technical breach of even trivial prescriptions can lead to draconic administrative fining which can ruin an outlet without recourse to – or corruption of – the judiciary.
The Law on audio and audiovisual services enables the perfectly legal fact that the government is the biggest media advertiser in the country. The article 3 line 5 of the Law legalizes government propaganda. If Macedonia is a country in which party and state are blurred, government propaganda means party propaganda throughout the year. The government campaigns constantly, prior to any election campaign (something the incumbents do not need in order to win).
According to the European jurisprudence to which the Macedonian legal system has belonged since the beginning of its statehood, the category of laws called leges ordinares (ordinary law) should render the regulating role of the executive branch minimal. The ordinary law does not stipulate penalties except an almost symbolic number of administrative fines. In the case of education, according to our comparative analysis of the Macedonian and European legislation, the ratio between the number of administrative fines prescribed by the European and Macedonian laws is 1:67 respectively.
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The uses and abuses of neoliberalism and technocracy in the
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| The uses and abuses of neoliberalism and technocracy in the post-totalitarian regimes in Eastern Europe |
Excerpt from the study.
“Confessions" are as much a specialty of Bolshevik propaganda as the curious pedantry of legalizing crimes by retrospective and retroactive legislation was a specialty of Nazi propaganda. The aim in both cases is consistency.” (Hannah Arendt, The Origins of Totalitarianism)
“Hybrid regimes” and the magic trick of patriarchal rhetoric
In the past decade, the so-called “hybrid regimes” (or authoritarian regimes behind the façade of democracy) have been emerging in the countries of the former Eastern Bloc, under the guise of what seems to be a contemporaryEuropean democracy, and not only among the aspiring EU countries but also in those that are already part of the Union such as Hungary and the Czech Republic. Their hybridity consists in what is supposed to be “unnatural” unity of the political model of liberal democracy, free market economy and a totalitarian state control. Contemporary Hungary and Russia represent the paradigmatic model of “Eastern European hybrid regimes” as just defined. Typical of the state model at issue is the centrality of the role of a strong leader, such as Victor Órbanin Hungary or Vladimir Putin in Russia. As a rule, it is an authoritarian figure enacting the essentially patriarchal role of pater familias whereby the nation is treated as a community of genetic kinship, a “family” (ethnos as genos) rather than a nation (or demos). The definition of a nation as a genetically relatively pure ethnos is an inherent characteristic of the “hybrid regimes” of the states that were created on the ruins of former Yugoslavia. It is also the characteristic of Russia under Putin’s rule.
“Confessions" are as much a specialty of Bolshevik propaganda as the curious pedantry of legalizing crimes by retrospective and retroactive legislation was a specialty of Nazi propaganda. The aim in both cases is consistency.” (Hannah Arendt, The Origins of Totalitarianism)
“Hybrid regimes” and the magic trick of patriarchal rhetoric
In the past decade, the so-called “hybrid regimes” (or authoritarian regimes behind the façade of democracy) have been emerging in the countries of the former Eastern Bloc, under the guise of what seems to be a contemporaryEuropean democracy, and not only among the aspiring EU countries but also in those that are already part of the Union such as Hungary and the Czech Republic. Their hybridity consists in what is supposed to be “unnatural” unity of the political model of liberal democracy, free market economy and a totalitarian state control. Contemporary Hungary and Russia represent the paradigmatic model of “Eastern European hybrid regimes” as just defined. Typical of the state model at issue is the centrality of the role of a strong leader, such as Victor Órbanin Hungary or Vladimir Putin in Russia. As a rule, it is an authoritarian figure enacting the essentially patriarchal role of pater familias whereby the nation is treated as a community of genetic kinship, a “family” (ethnos as genos) rather than a nation (or demos). The definition of a nation as a genetically relatively pure ethnos is an inherent characteristic of the “hybrid regimes” of the states that were created on the ruins of former Yugoslavia. It is also the characteristic of Russia under Putin’s rule.
Solutions for the Macedonian Political Crisis after the Resignation of Ministers in the Cabinet:
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| Policy Brief on the Macedonian Political Crisis May 2015 |
Authors: Dr. Katerina Kolozova and Dr. Artan Sadiku
An excerpt of from the study: "In conditions in which the opposition does not participate in the work of the parliament, nobody can trust the credibility of early elections organized by the current government. What is the best solution or the least evil for Macedonia today? Many analysts, political parties and media have put forward three solutions so far. The first is by those close to VMRO-DPMNE insisting on the continuation of its reign based on their conviction that the replacement of three of its highest ranking officials would be sufficient. The leader of SDSM has suggested two possibilities: either an expert government or a technocratic government, which we will treat here as practically the same option. A unity government would be the third option which is mentioned by some analysts who are aware that the current situation can be overcome only through dialogue and political compromise".
An excerpt of from the study: "In conditions in which the opposition does not participate in the work of the parliament, nobody can trust the credibility of early elections organized by the current government. What is the best solution or the least evil for Macedonia today? Many analysts, political parties and media have put forward three solutions so far. The first is by those close to VMRO-DPMNE insisting on the continuation of its reign based on their conviction that the replacement of three of its highest ranking officials would be sufficient. The leader of SDSM has suggested two possibilities: either an expert government or a technocratic government, which we will treat here as practically the same option. A unity government would be the third option which is mentioned by some analysts who are aware that the current situation can be overcome only through dialogue and political compromise".
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(Survey commissioned by Helsinki Committee for Human Rights of the Republic of Macedonia)
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| Research on the Citizens’ Understanding and Awareness of Human Rights and Protection Mechanisms in Case of Their Violation |
The report contains a description of the methodology and procedure employed in the research process. The research conducted within the Project: Increasing the transparency and improving the rule of law by monitoring and reporting violations of human rights in the Republic of Macedonia, implemented by the Helsinki Committee for Human Rights of the Republic of Macedonia and supported by the Foundation Open Society Macedonia, covers: the opinions, perceptions and citizens’ awareness about human rights and the institutions dealing with these issues which are in charge of protecting these rights. The goal of the research is to gain data on the citizens’ awareness about human rights and the mechanisms of protection in case of their violation.
From the 9 to 30 December 2014, the Institute of Social Sciences and Humanities - Skopje, conducted an empirical research on the public opinion of the residents of the eight regions in the Republic of Macedonia: the Vardar region, the Eastern region, the Southwest region, the Southeast region, the Pelagonija region, the Polog region, the Northeast region and the Skopje region. Ten researchers were involved in the different stages in the course of the research process (preparing the instruments, preparing the sample, data collection, entering data, processing data and data analysis).
From the 9 to 30 December 2014, the Institute of Social Sciences and Humanities - Skopje, conducted an empirical research on the public opinion of the residents of the eight regions in the Republic of Macedonia: the Vardar region, the Eastern region, the Southwest region, the Southeast region, the Pelagonija region, the Polog region, the Northeast region and the Skopje region. Ten researchers were involved in the different stages in the course of the research process (preparing the instruments, preparing the sample, data collection, entering data, processing data and data analysis).
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Legalizing Restrictions of the Freedom of the Press
It is our great pleasure to announce the release of the policy report "Legalizing Restrictions of the Freedom of the Press," produced by a team of ISSHS researchers with the support of Think Thank Fund-Open Society Institute, Budapest. The report is based on a desk analysis and field research, made in the period June – September 2014. It covers the current situation concerning the media in the Republic of Macedonia as one of the major political issues in the country, affecting both internal aspects of democracy and the status of human rights. See the intro below:
The legal frame which permits sponsoring of the private media by the Government conditions the problem of editorial and journalistic censorship and self-censorship. The sponsoring at issue is not de iure "sponsoring" but rather excessive advertising campaigns which either promote the regular activities of the Government or "ideas" the Government and the ruling parties advocate as beneficial for the society as a whole. Whatever the object of promotion, the campaigns of the Government carried out in the media take the form of awareness raising campaigns. For years, the Government and the ruling party have been running media campaigns which boil down to sheer promotion of demo-Christian values, upon which the doctrine of the ruling party VMRO DPMNE relies. By the end of 2013 and the beginning 2014, one of the key issues of public and political interest concerning the freedom of the press in the country was the newly adopted law on audio and audiovisual and media services. The adoption of the new law was preceded by a major process of negotiations between the country's most prominent journalists' association, namely "The Association of the Journalists of Macedonia" and the Government. The negotiations started in 2011 with the aim of improving the condition of the media in the country. In the course of 2013, they intensified focusing on several draft versions of the proposed law, with increased tensions presented as public confrontations between the leading interlocutors. The new law was introduced and the preceding negotiations took place and lasted for years in spite of the fact that "The Association of the Journalists of Macedonia" (ZNM) had been opposed to the idea of introducing a new law that would regulate media in the first place. Legal overregulation leads to excessive state control of the media. That is why reservations related to the very need of a law on media had also been expressed by the OSCE (The Organization for Security and Co-operation in Europe). A review of the law drafts commissioned by OSCE argued that, instead of a law on media, the legislating body should introduce a law on audiovisual services following the provisions made by the EU Directive on audiovisual services adopted in 2010. The negotiations between ZNM and the Government, at occasions facilitated by the OSCE, lead to a conditional agreement about a law that was adopted on 25 December 2013 titled "Law on Audiovisual Services." The law on audiovisual services consisting of 156 articles is filled with abundance of details that would normally be part of secondary legal acts, marked by excessive restrictions of editorial independence. In short, it remains to be over-regulating. One of the conditions of acceptability of the law set by ZNM consisted in demanding the inclusion of articles that would restrict the influence of the government over the media primarily through financial means, i.e., through the government sponsored media campaigns. The law was adopted with the conditional agreement from ZNM, consisting in a trial period of 6 months given to the Government to revise the articles permitting financial control over the media. This condition has not yet been met. The study at hand is an analysis of the new law on audiovisual services and the political context in which it has been adopted and ought to be implemented. We argue that the law is excessively restricting leaving practically no space for editorial independence. The law is marked by a high number of stipulations that constitute a virtually total technocratic exhaustion of programmatic possibilities for all audiovisual media in the country, leaving minimal margins for editorial decisions. At the same time, the law permits a lot of space for the regulating body to arbitrarily interpret editorial choices with the possibility of enforcing punishment through excessively high fines. The new law on audiovisual services legalizes practices that have been the kernel of the systemic suspension of editorial and journalistic freedom in the country, namely: the ceaseless media campaigning of the Government and the control of the state over the journalistic and editorial content (even format). In this way, the law enables and consolidates the practices of media dependence on finances provided by the government, of censorship and self-censorship and of the precariousness of the journalists and editors in terms of their labor rights as well as human rights. | ||
Creating Gender Effective Policies
It is our pleasure to release the policy study “Creating of Gender Effective Policies: Model for increasing the dialogue and inclusion of the citizens from the community in the process of creating Gender Responsive polices”. The study is a result of a project that the Institute of social sciences and humanities – Skopje has implemented with the support of UN Women and in partnership with Akcija Zdruzenska in the period of November 2012 until December 2013.
The aim of the project was the increasing of competences of the representatives of the local self-government for the inclusion of gender issues in the local documents, policies and activities and the establishment of a collaborative dialogue between local authorities, NGOs and activists. The project also helped the revision of policies and documents according to the identified needs and priorities of women from the local community. The good practices arising from the project implementation in three municipalities in Macedonia (Strumica, Gjorche Petrov and Bogovina) enabled the creation of a model that can serve as a guide to the attempt to establish gender equality and to the inclusion of the gender perspective in the main trends, policies and practices in the local self-government units. |
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Who owns Alexander the Great A Question Upon Which EU Enlargement Relies
It is our great pleasure to announce the release of the policy analysis "Who owns Alexander the Great?": A Question Upon Which EU Enlargement Relies," produced by a team of ISSHS researchers. The findings in this study are based on a national poll concerning "Skopje 2014 Project" and its effects on Macedonia's EU integration, carried out in September 2013. It also relies on a desk analysis of relevant documents and official statements which provide the context in which the poll data should be interpreted. The present analysis aims at shedding light on the cultural policies and international relations that have conditioned and shaped "Skopje 2014" as a national cultural project of building and sustaining an official narrative of the Macedonian identity. The project has been envisaged, funded and executed by the central and local governments of Macedonia. One of the most significant aspects of the context in which the Project at issue has been carried out is the one of so-called "name dispute" between Macedonia and Greece. The study provides a genealogy of the "name dispute," with focus on two of its main aspects that are relevant for "Skopje 2014": the cultural heritage and history of Antiquity.
Brief intro: The present study is based primarily on the results of a national poll conducted by ISSHS's team in September 2013 and on a desk analysis of relevant documents and statements of officials which provide the backdrop against which the poll results should be read. The poll sought to measure the support of the general population of a cultural policy carried out by the Government of the Republic of Macedonia with an ambition to instill an official narrative about the Macedonian ethnic and national identity. The policy at issue has been executed in the form of an architectural and monumental art building project dubbed "Skopje 2014." It was carried out with the funding and under the patronage of the Macedonian Government as one of its most ambitious cultural policy related projects, officially announced in February 2010. At the center of this project is the reference to the period of Antiquity of the Kingdom of Macedon as the cultural and historic fundament of the Macedonian identity. According to the results of our analysis, the Project's narrative seems to be at odds with the ruling perception on the matter measured nationwide through the poll whose results are presented below. Namely, the poll shows that the percentage of those who attach defining importance to the period of Antiquity for the formation of the Macedonian identity is 5.8% out of the entire population of the country, and 7.6% among the ethnic Macedonians. According to the perception of the majority of the respondents (19.9%), The Medieval period of Orthodox Slavic Christianity remains to be the defining historic period along with the period of a more recent past, namely Macedonia's independence from Yugoslavia which took place in 1992 (20.1%). The Yugoslav period (16.9%) and that of the turn of 20th century struggle for a Macedonian nation state and liberation from the Ottoman Empire (13.8%) follow right behind. Based on our desk analysis of relevant official EU policy documents, formal decisions and official statements, we conclude that the Project's bearing on the accession process is not of direct relevance. The "name issue" between Macedonia and Greece remains to be the central requirement. Nonetheless, through its influence on the "good neighborly relations," "Skopje 2014" affects the process indirectly. The poll we conducted shows that the opinion on this question is utterly split. A slight majority of the respondents, however, believes that "Skopje 2014 " does not affect the integration processes (see the results below or in the annex of frequencies). Our poll showed that in a period of less than 4 years, general support for the country's EU membership has fallen for approximately 24%. If the Project's aim is to ameliorate the sense of frustration by the indefinitely prolonged accession, as we demonstrated in a previous study on a similar topic (briefly explained below), it evidently does not succeed in doing so. Namely, according to the results of our poll, 73% out of the entire population and 66.5% out of the ethnic Macedonian majority believe the project should not continue. The disapproval is expressly linked with the financial aspect of the Project seen as overly costly for a state which is at the bottom of economic prosperity in Europe in spite of its positive macroeconomic trends. Since the start of "Project Skopje 2014" in the beginning of 2010 until April 2013, 35 objects (buildings, statues and monuments) in predominantly neoclassicist style (accompanied by some approximations of the baroque) have been erected upon the decision and with the funds provided by the Ministry of Culture. Several of the most monumental statues (including the "Warrior on a Horse" representing Alexander the Great) have been built upon the initiative of the Municipality of Center with funds provided by the Government, whereas the Government itself appears as the investor of the new monumental buildings of the Ministry of Foreign Affairs, the Constitutional Court, the baroque facade of the Government building and a couple of others. These numbers were presented at a press conference held on 22 of April 2013 by the Minister of Culture Ms Elizabeta Kančeska-Milevska. At the same conference, Minister Kančeska-Milevska informed that a total of 207.872.492 euro has been spent so far on the project. Macedonia's GDP gross in 2012 was 7,5 billion euro. According to data presented by Minister Kančeska-Milevska the percentages of the annual state budget spent on the project in the course of 2010-2012 are the following: 1.1% in 2010, 2.2% in 2011, 1.6% in 2012 and, finally 1.5% in 2013. In August 2013, the newly elected Mayor of the Municipality of Center Mr. Andrej Žernovski, member of an opposition party, submitted to the public prosecutor a report of an audit on Municipality's expenses made for "Skopje 2014" with the approval of its former Mayor, Mr. Vladimir Todorovikj. | ||
Ethnically and Gender Inclusive Grass-Root LGBTI Movements in Macedonia
The “Ethnically and Gender Inclusive Grass-Root LGBTI Movement in Macedonia” Project, implemented with the support from the Embassy of the Kingdom of the Netherlands in the period from September 2012 until September 2013, represents a policy study for awareness raising activities.
The need for this kind of study stems from the current situation and position of LGBTI people, as one of the most vulnerable groups in Macedonian society. Practically, there is no legal protection against discrimination for the LGBTI people, nor there are existing institutional policies for their social inclusion. A sensible public discourse, which will be sensitive to the human rights of these people, is also missing. On the other hand, until recently, within the movement there was lack of visibility of lesbians, transgendered people and other ethnic minorities. The main purpose was to make a long-lasting project which will influence the capacity strengthening of the of LGBTI movement in Macedonia in a time characterized by widely expressed homophobia, hate speech and numerous physical attacks of LGBTI people. One of the research motives was also the increased activation between the “invisible” groups in the LGBTI community like the lesbians, transgendered people and gays from other ethnicities. The research part consists of a combination of qualitative and quantitative methods. The ISSH-S through its closed forms of debates (focus groups, discussion groups) contributed in the networking between formal and informal organizations that work towards ethnically inclusive LGBTI activism and the feminist - lesbian part of the activism. During the realization of the project, the informal LezFem group was establishedas a group which is connected to the work of the LGBTI Center which is managed by the Macedonian Helsinki Committee on Human Rights. Also, the multiethnic non-governmental LGBT United became an active and vivid part of the activism since fall 2012 (and was registered in May 2012). It should be noted that LGBT United actively contributed to the realization of this study. The main idea of the project is to initiate a discussion among activists themselves regarding the needs in the frames of the movement through grass-root level debates, as well as for those in the wider societal context. One of the goals was to design a context specific approach in the strengthening of the LGBTI community. The project activities should result into mobilization of the LGBTI community in the country toward a more vibrant and locally informed/context-sensitive movement that establishes priorities and forms of activism adequate to the social and cultural specificities of Macedonia. |
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Abandoning ethnicity-centered discourse in the government political rhetoric and in institutional policy making
The ISSH-S research team is pleased to announce the final Policy Analysis document on "Abandoning ethnicity-centered discourse in the government political rhetoric and in institutional policy making"
The analysis was conducted by the Institute of Social Sciences and Humanities – Skopje and targeted the ethnic model of governing and ethnic modeling of social, educational, economic and cultural policies. It aims to provide insight into the processes that need to be undertaken in order to develop socio-economic policies and political ideas of solidarity beyond ethnicity. The analysis consisted of desk analysis of policy decisions in the last 2 years of government institutions, analysis of crucial laws, media analysis on public political discourse, and analysis of political rhetoric and communication of political leaders in the country. The policy analysis resulting from the process of research and analysis outlines the arguments and political rationale for abandoning ethnic discourse in the government political rhetoric and the institutional policy functioning. The Institute of social sciences and humanities - Skopje intends to organize a public forum of representatives of CSO's and international donor organizations in order to debate and adopt an strategic plan of action related to the policy recommendations proposed in the policy analysis document. | ||
Skopje 2014 Project and its Effects on the Perception of Macedonian Identity Among the Citizens of Skopje
A Policy Brief Entitled "Skopje 2014 Project and its Effects on the Perception of Macedonian Identity Among the Citizens of Skopje" was released on June 30th 2013. It has been produced by a research team of ISSHS and with the support of Fridrich Ebert Stiftung, and published in Macedonian, Albanian and English (including visual material and appendixes containing questionnaires/guides used for focus groups). The Institute is continuing and expanding research on the topic of "Skopje 2014" that will also include study of its foreign policy, economic and EU integration aspects, a process that will conclude with an International conference scheduled for January 2014. The Institute has carried out the research on the policy brief also with the help of the institutional support provided by Think Tank Fund - OSI Budapest (TTF-Budapest) and CIRA-SDC (Civica Mobilitas). The expanded version of the study will be carried out as part of the annual program supported by TTF-OSI Budapest.
Executive Summary Departing from the premise that, by way of producing symbolism with distinct historical references and esthetics through material culture production (monuments and architecture), the cultural Project of Skopje 2014 intends to affirm, strengthen and insure perseverance of a historical truth about the Macedonian identity as the only truth, the research report at hand aims to provide insight into the success of the Project with respect to its own ambitions. Its success can be measured by way of resorting to indicators that reflect the perception of the citizens of Skopje identifying as "ethnic Macedonian" regarding the Project's aspirations to reflect the truth about the ethnic identity, contribute to "the preservation of the cultural heritage" and promote the historical truth about the Macedonian national and ethnic identity. The research team departs from the presupposition that any identity is a form of narrative, a matter of perception and not "an essence in itself." Therefore, the study aimed to compare the State's narrative and the citizens' of Skopje narratives about the Macedonian identity in order to find out if the former corresponds with the latter. With the centrality of the statues of Alexander the Great and his father Philip II, it is evident that the Project intends to convey a truth about an uninterrupted historic continuity of the "Macedonian self" from Antiquity via the Slavic period of medieval times to the early 20th century Macedonian national struggle against the Ottoman rule and the concomitant project of establishing an independent state. Considering that the references to Antiquity and the presupposition of uninterrupted historic continuity had practically not been questioned by the academic scene in the country - pace to a few of exceptions - the research we conducted also involved participation of academics in the format of anonymous interviews and closed panel of scientists and opinion makers, conducted in the fashion of a focus group following a discussion guide. The academics were invited to discuss the results received from the focus groups with the ordinary citizens of Skopje which brought forth the popular perception of the identity narrative the Project purports to express as the national historic truth. It also conveyed what the citizens of Skopje themselves perceived as the truth of the Macedonian identity and intimately sensed it as such. The study unravels blatant discrepancies between the ordinary citizen's perception of the "true Macedonian identity" and that professed by the State. It also uncovers the fact that the academics, when asked to comment anonymously, affirm the thesis about the constructedness of any national identity, express fundamental disbelief in any historical primordialism and fail to find means to justify the project when faced with the facts about the citizens' perception of the "identity truth."All the academics as well as the ordinary citizens which participated in the study requested and were guaranteed absolute anonymity. The fear to publicly problematize the project has been explicitly expressed by virtually all of them. The research results we arrived at are intended to be presented to the institutions which are most invested in the promotion and realization of the Project, namely the Ministry of Culture, the Ministry of Foreign Affairs (since it affects the EU integration processes and the relations with the neighboring countries), the academics in the country who silently legitimize the historic and identity related goals of the Project and, finally, those actors in the international community which seek to understand the "sensitive" aspects of the identity issue in the light of the name dispute with Greece. The start of the Project Skopje 2014 corresponds with a series of disappointments by the NATO and the EU implying an infinitely postponed accession to both organizations due to the "name dispute" between Greece and Macedonia, in spite of the fact that the country has been a EU candidate member since 2005, which culminated at the Bucharest NATO Summit in 2008. After having completed the qualitative research upon which this study is based, we argue that if Skopje 2014 Project seeks to "heal the wounded ego" of the Macedonians, it fails to do so since it imports an alien cultural paradigm which seems to deepen the sense of an externally imposed negation of what is intimately sensed as the truth of the Macedonian identity (as expressed by the citizens of Skopje which participated in this study). Since its start in the beginning of 2010 until April 2013, as part of the Skopje 2014 Project, a total number of 35 objects in predominantly neoclassicist style and some approximation of the baroque have been erected (buildings, statues and monuments) upon the decision and with the funds provided by the Ministry of Culture, several of the most monumental statues (including the "Warrior on a Horse" representing Alexander the Great) have been built upon the initiative of the Municipality of Center (with funds provided by the Government), whereas the Government was the investor of the new monumental buildings of the Ministry of Foreign Affairs, the Constitutional Court, the baroque facade of the Government building and a couple of others. These numbers were presented at a press conference held on 22 of April 2013 by the Minister of Culture Ms Elizabeta Kanceska Milevska who informed that a total of 207.872.492 euro has been spent so far on the project. |
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