Our Rule of Law Work in Macedonia

Through its human rights and conflict mitigation program in Macedonia, the ABA worked to support full implementation of the Ohrid Framework Agreement. Specifically, the ABA sought to contribute to the consolidation of peace and stability by increasing the level of understanding of minority rights and increasing access for minority communities to the legal system, both as clients and as legal professionals.

Minority Representation in Legal Profession

In October 2004, the ABA published its Report on Minority Participation in the Legal Profession in Macedonia. The results revealed a very low minority participation rate; approximately six percent compared to approximately 25 percent in the general population according to the new census. Drawing on the findings and recommendations in the report, the ABA organized a pilot internship program with Macedonian legal institutions to encourage minority law graduates to enter the legal profession. Twenty-five students participated in the two-month pilot. At the end of the pilot internship program, in April 2005, the ABA organized a roundtable that provided students and coordinators with an opportunity to share their comments and opinions about the pilot program as well as suggestions for improvement. Both students and coordinators agreed that the pilot program was useful and had been a positive experience.

Implementation of the International Covenant on Civil and Political Rights (ICCPR)

In April 2005, the ABA released its Targeted Analysis of the Implementation of the International Covenant on Civil and Political Rights (ICCPR) in the Republic of Macedonia. The ICCPR Implementation Index analyzes a legal system's compliance with the ICCPR, a fundamental human rights instrument. The analysis conducted in Macedonia focused on eight articles of the ICCPR that have particular relevance for minority rights issues. A roundtable on the report's findings was held in April.

Targeted Assistance to Roma

In 2005 and 2006, the ABA implemented a USAID-funded project to provide assistance targeted to Roma communities and Roma individuals who would like to "regularize" their citizenship and become naturalized citizens of the Republic of Macedonia. The amendments to the citizenship law passed in 2004 included a temporary provision under which long-term residents could apply for citizenship under relaxed requirements. This provision expired on March 2, 2006. Through the support of USAID, the ABA provided funding and legal assistance to more than 1,000 applicants before the temporary provision expired.

In order to reach as many potential applicants as possible and to recruit and train volunteers, law students, lawyers and attorneys to assist potential applicants, the ABA conducted a number of trainings and informational workshops throughout Macedonia. In cooperation with the Soros NGO Support Centers, funded by the Open Society Institute, the Swiss Embassy and the European Agency for Reconstruction, the ABA organized a series of trainings throughout the country. After each training, the Soros NGO Support centers offered volunteers interested in working with the project free use of office equipment and telephone lines to assist citizenship applicants. The ABA organized additional trainings in cooperation with the local self-government in communities without NGO support centers. The participants at these trainings represented more than 100 NGOs from around the country.

In addition, the ABA supported the creation of a network of NGOs and volunteer groups throughout Macedonia. The ABA worked directly with 25 NGOs and volunteers to conduct community outreach and information activities. The ABA staff and lawyers from its partner NGOs worked with each of these community groups to provide the necessary financial and legal support to the volunteers and potential applicants.

The ABA, through its partner NGOs, also provided assistance to applicants in obtaining necessary documents from neighboring countries. A system for obtaining documents from Serbia has been established between ABA's three NGO subgrant recipients and an agreement with the UNMIK office in Skopje was established to facilitate the acquisition of documents from Kosovo.

Anti-Corruption and Public Integrity

Under an award from the Organization for Security and Cooperation in Europe, the ABA in Macedonia implemented an anti-corruption campaign targeting Macedonia's youth. The project included the creation of an educational cartoon aired on television stations throughout the country. The cartoon's message focuses on defining corruption and its negative implications in a context relevant to young people. The ABA and the Macedonia Young Lawyers Association conducted workshops at schools throughout the country. The interactive workshops followed the themes of the cartoon and included activities emphasizing both the harmful effects of corruption and ways to respond to corrupt practices.

Criminal Law Reform and Anti-Human Trafficking

With support from the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL), the ABA Rule of Law Initiative (ABA ROLI) successfully implemented its MacedoniaDefense Bar Program from September 30, 2011 to March 30, 2015. The program helped to increase access to justice by improving the quality of legal defense and strengthening the Macedonian Bar Association. Through the program, we provided trainings focused on the application of Macedonia’s 2013 Criminal Procedure Code (CPC), which significantly altered the role of the defense advocate, judge and prosecutor, and provided more substantial protections for criminal defendants. ABA ROLI’s trainings for defense advocates addressed forensic investigation, case preparation, plea bargaining and trial advocacy to enhance the quality of criminal defense in the country.

Between September 2011 and March 2015, ABA ROLI:

• organized 39 trainings on basic criminal procedure skills for 628 Macedonian advocates and distributed associated manuals;
• held 30 advanced criminal procedure code trainings for 519 advocates and 33 prosecutors, and developed and distributed associated manuals;
• developed and disseminated an advanced forensics training manual and conducted 17 trainings for 277 advocates;
• organized 10 trainings on trial advocacy skills for 237 advocates, creating and distributing related training materials;
• created training manuals and organized nine advanced trainings on pre-trial detention and investigation for 160 advocates;
• organized six criminal procedure code roundtables, which focused on practical courtroom skills, including the proper use of objections and introduction of evidence, for a total of 123 participants;
• held five mock trials for 98 participants, including judges, prosecutors and defense advocates;
• conducted three advanced plea-bargaining trainings for 59 advocates, and a legal writing course for 17 legal practitioners;
• conducted three trainings-of-trainers workshops for 24 advocates and 13 law faculty members;
• developed and conducted an  advanced training on cross-examination for23 advocates and distributed related reference manuals;
• collaborated with the American Corner in Skopje, Macedonia, to host a legal English seminar for law students;
• produced three advanced online learning modules to be posted on the Macedonian Bar Association’s website; and
• facilitated five Bar Development Working Group meetings to assess the needs of the Macedonian Bar Association and develop a five-year strategic plan that addresses the most pressing needs.

During the course of the program, ABA ROLI’s Basic CPC Training reached 628 advocates, more than 25% of the total 2,500 advocates in Macedonia. ABA ROLI implemented the program in collaboration with the Embassy of the United States in Skopje, Macedonia, the U.S. Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training, the Macedonian Academy of Judges and Prosecutors, the Macedonian Bar Association, the Macedonian Young Lawyers Association and international donors and implementers. ABA ROLI received overwhelming support from its local partners and positive feedback from its beneficiaries.