Challenging Assumptions of the Enlargement Literature: The Impact of the EU on Human and Minority Rights in Macedonia

Abstract

This article argues that from the very start of the transition process in Macedonia, a fusion of concerns about security and democratisation locked local nationalist elites and international organisations intoa political dynamic that prioritised security over democratisation. This dynamic resulted in little progress in the implementation of human and minority rights until 2009, despite heavy EU involvement in Macedonia after the internal warfare of 2001. The effects of this informally institutionalised relationship have been overlooked by scholarship on EU enlargement towards Eastern Europe, which has made generalisations based on assumptions relevant to the democratisation of countries in Eastern Europe, but not the Western Balkans.

Notes

The last population census in Macedonia (2002) revealed the following ethnic make-up: Macedonian, 64.18%; Albanian, 25.17%; Turkish, 3.85%; Roma, 2.66%; Serb, 1.78% (US Department of State 2005).

Dividing a single case (here Macedonia) into two sub-cases (Macedonia before and after 2001) is part of a logic of ‘before-and-after comparison’ of quasi-experimental design (George & Bennett 2004, p. 166). According to this logic, the longitudinal case is divided into two parts, exposing the later period to the effects of a treatment variable, ‘EU involvement’. EU involvement is operationalised broadly on major mechanisms discussed in the theoretical literature, most notably conditionality and socialisation with human rights norms and values. ‘Respect for human and minority rights’ is the outcome variable. This variable is operationalised not simply on the adoption of human-rights and minority-rights legislation, but on their implementation in practice. Aggregate quantitative measurements are provided by the scores of Freedom House, rating the performance of states on their respect for political and civil rights on a scale of highest to lowest freedoms (1–7). Qualitative measurements are provided by reports of major monitors of human rights such as the Helsinki Committee of Macedonia, the International Helsinki Federation, OSCE and the US Department of State.

The dispute over the name of the Macedonian state has not yet been resolved due to strong resistance from Greece, an EU member and neighbour to Macedonia. In 1991 Greece objected to Macedonia's international recognition under its constitutionally proclaimed name ‘Republic of Macedonia’ invoking concerns over history and identity. After negotiations in 1991–1992 Greece backed down and allowed Macedonia to enter the UN, the Council of Europe, and later into negotiations with the EU under the name ‘Former Yugoslav Republic of Macedonia’ (FYROM). Nevertheless, between 1994 and 1995 Greece introduced an economic embargo on the country, and later blocked EU and NATO decisions regarding Macedonia. Although a new round of negotiations over the name is under way, and suggestions exist for the international name ‘Northern Republic of Macedonia’, resolution has not yet been achieved.

Constitution of the Republic of Macedonia (1991), available at: http://www.uni-wuerzburg.de/law/ml00000_.htm, accessed 20 November 2000.

Author's interviews with Eran Frankel, Executive Director of the international NGO ‘Search for Common Ground (Macedonia)’, 11 September 2000, Skopje, Macedonia, and with Ljubomir Frckoski, Professor of International Law, former Minister of Interior and 2009 presidential candidate, 15 September 2000, Skopje, Macedonia.

Author's interviews with Nezhdet Mustafa, Mayor of the Shuto Orizari Municipality in Skopje and owner of TV ‘Shutel’, 10 and 18 February 1999, Skopje, Macedonia; and with Amdi Bajram, Roma Member of the Parliament of the Republic of Macedonia on behalf of the Alliance of Roma in Macedonia, 17 February 1999, Skopje, Macedonia.

Author's telephone interview with Eben Friedman, independent consultant on Romani affairs in Macedonia, 12 September 2008.

The EUMM monitored political and security developments, borders, inter-ethnic issues and refugee returns, and responded to the European Council by way of the EU's head of Common Foreign and Security Policy, Javier Solana. It completed its mission in December 2007 (Council of the EU 2007).

Author's interview with Teuta Arifi, currently an MP of the Democratic Union for Integration (DUI, Demokratska unija za integracija), in her then-capacity as lecturer at the Faculty of Philology, Department of Albanian Language, 7 September 2000, Skopje, Macedonia.

The OSCE's mandate prevented the mission from doing so. When the OSCE went too far in intervening in relations between the Albanian elites and the government, the Macedonian government reminded the OSCE that its only mandate was to monitor ‘spillover’ with no broader functions. Author's interview with a senior official who wished to remain anonymous, 7 September 2000, Skopje, Macedonia.

A total of 38 members of the security forces were killed and 220 people were wounded (Ordanoski 2001).

The Stabilization and Association Agreement with Macedonia—alongside agreements with other countries in the Western Balkans and Ukraine—resembles earlier Europe Agreements with the Eastern European front-runners, yet emphasises the centrality of maintaining stability. At the core of this agreement is the beginning of harmonisation between EU and Macedonian legislation.

On 15 November 2001, the Macedonian Parliament voted 15 constitutional amendments envisaged by OFA on 13 August 2001. First, this agreement amended the preamble, the most disputed part of the constitution, to describe Macedonia as a state of ‘all citizens … of the Macedonian nation, as well as citizens living within its borders who are part of the Albanian nation, Turkish nation, the Vlach nation, the Serb nation, the Roma nation and others, taking responsibility for the present and the future of their country … ’ (Balalovska et al. 2002, p. 67). Second, the changes also increased the Albanians' language rights. A minority language became official if spoken by more than 20% of the population. It could be used officially in communications with the central government, and could be spoken in the parliament with a simultaneous interpretation into Macedonian. Most notably, laws were to be published in Macedonian and in Albanian. However, Macedonian remains the official language for governmental sessions and foreign relations. Third, the special status earlier enjoyed by the Macedonian Orthodox Church was slightly diminished. The Islamic Community and the Roman Catholic Church and other religious communities were explicitly mentioned alongside it. Fourth, a new voting mechanism was introduced. It required a two-thirds majority in the parliament when constitutional changes or legislation of cultural or linguistic significance was affected. However, it extended only to five areas: local administration, territorial division, use of languages, protection of cultural identity and use of flags and symbols (Framework Agreement 2001; ICG 2001; Daskalovski 2002).

On ‘soft’ and ‘hard’ power see Nye (1990).

In July 2008 The ICTY acquitted Bozhkoski, but sentenced Jovan Tarculovski, a junior leader of the ‘Lions’, to 12 years in prison. Bozhkoski's return created euphoria among the Macedonians. To Bozhkoski's credit, his first messages on Macedonian territory were to call for forgiveness and moving on for the sake of the country.

Nevertheless, the police remained largely Macedonian, while the government has maintained a 25% recruiting quota for ethnic minority officers. According to the Ministry of Interior, at the end of 2006, 80% of the police force was Macedonian, a decline of 12% from 2002 (US Department of State 2008).

Author's interview with an anonymous senior official at an international organisation, 19 July 2008, Skopje, Macedonia.

Author's interview with Mirjana Najceska, Professor in Sociology and former director of the Helsinki Committee of Macedonia, 10 July 2008, Skopje, Macedonia.

Author's interview with official at the Ombudsperson Office, 16 July 2008, Skopje, Macedonia.

In 2004 the Macedonian parliament elected Idzet Memeti (Albanian) to replace Branko Naumoski (Macedonian) as the Ombudsman of Macedonia who had occupied the office since 1997 (IHF 2005a).

Author's interview with official at the Ombudsperson Office, 16 July 2008, Skopje, Macedonia.

Author's interview with official at the Ombudsperson Office, 16 July 2008, Skopje, Macedonia.

Author's telephone interview with Eben Friedman, independent consultant on Romani affairs in Macedonia, 12 September 2008.

Author's telephone interview with Eben Friedman, independent consultant on Romani affairs in Macedonia, 12 September 2008.

Author's interview with Gordana Nestorovska, Project Coordinator, Macedonian Helsinki Committee, 17 July 2008, Skopje, Macedonia.

Author's interview with an anonymous senior official at an international NGO, 16 July 2008, Skopje, Macedonia.

I borrow the idea that EU enlargement creates a ‘focal point for cooperation’ from Vachudova (2006, p. 3), but use it in different terms. In Vachudova's account, cooperation emerges among the divided liberal opposition against non-liberal incumbents in Eastern Europe. In this account EU enlargement gives a variety of human rights organisations discursive and actual opportunities to derive more legitimacy for their own human rights projects.

These public institutions are major employers in a state that experienced significant economic decline after the internal warfare of 2001.

According to official statistics, in 2007 the unemployment rate in Macedonia was 37%, which, according to unofficial statistics, included around 20% due to part-time employment that does not get reported (Nikolovski 2007).

Author's interview with Violeta Gligorovska, Media Coordinator at Soros Foundation in Macedonia, 10 July 2008, Skopje, Macedonia.

Author's interview with Gordana Nestorovska, Project Coordinator, Macedonian Helsinki Committee, 17 July 2008, Skopje, Macedonia. The Macedonian parliament passed an anti-discrimination law in April 2010 (SetTimes Law, ‘Macedonian Parliament Passes Anti-Discrimination Law’, 9 April 2010, available at: http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2010/04/09/nb-07, accessed 9 December 2010).

Author's interview with a senior official, a human rights NGO representative, 25 July 2008, Skopje, Macedonia.

Author's interview with Mirjana Najceska, Professor in Sociology and former director of the Helsinki Committee of Macedonia, 10 July 2008, Skopje, Macedonia.

For example, Macedonian electronic media, the content of which is often subject to control, have paid considerable attention to inter-ethnic problems in Belgium, which has experienced ethnic tensions between its French and Walloon citizens with regard to constitutional and political power-sharing arrangements.

Author's interview with an anonymous senior official at an international organisation, 19 July 2008, Skopje, Macedonia.

Author's telephone interview with Eben Friedman, independent consultant on Romani affairs in Macedonia, 12 September 2008.

In April 2008, NATO invited Albania and Croatia to become members of the alliance. Macedonia was excluded due to the name dispute with Greece.