Participative democracy in transition countries. The Macedonian case

Scientific Study, 2014, 80 Pages

Politics - International Politics - Region: Eastern Europe

Excerpt

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PARTICIPATIVE DEMOCRACY IN TRANSITION COUNTRIES:

THE MACEDONIAN CASE

Jovan Ananiev

About author:

Jovan Ananiev is PhD in Political Sciences, Associate Professor of

Political Systems at the State University "Goce Delcev"- Shtip,

Macedonia and Dean at the Faculty of Law. Since 2011 is Member

of Commission against Discrimination and since 2013 Member of

ECRI (European Commission against Racism and Intolerance)

Councel of Europe, Strasbourg. He is author of number of books

and papers and member of many international project teams.

PREFACE:

Participative democracy is new phenomena in post communism

countries, where were created specific model of democracy-

combination of Western democratic institution and procedure and

political culture developed on the base of communism and Turkish

Imperium. Here participation is more declarative and stimulated by

some NGO's than tradition and usual political practice.

In this book are elaborated different forms of participation at

national and local level, indirect and direct. The content is based

on analysis of relevant legislation, presentation of former research

results and conducted research by author.

By author

CONTENTS

PART I ... 1

PARTICIPATIVE DEMOCRACY AT NATIONAL LEVEL ... 1

1. Concepts:... 2

2. Context ... 2

2.1. Development and Features of the Party System ... 2

2.2. Legal Framework to Ensure and Protect Civil and Political Rights ... 5

2.3. Forms of direct democracy ... 10

3. Who and How Participate ... 16

3.1. Election process, political parties and inclusion ... 16

3.2. The Assembly and civil participation ... 23

3.3. Direct Democracy and Civic Inclusion ... 27

3.4. Civil society and participation ... 30

3.5. Rule of law and inclusion ... 35

4. Concluding considerations for participative democracy at national level ... 43

PART II ... 49

PARTICIPATIVE DEMOCRACY AT LOCAL LEVEL ... 49

Introduction ... 50

2. Mayor - Municipal Council Relation ... 51

3. Local Public Policy-Making ... 54

4. Neighbourhood Units ... 58

5. Civil Society and Local Government ... 60

6. Public Information by Local Government Units ... 64

7. Satisfaction of Citizens with the Decentralization Process and Services They Receive from

the Municipality ... 67

8. "Power Sharing" between Municipality Ethnic Communities for Greater Representation of

Minority Communities (Minority Communities at the Local Level ... 71

9. Conclusions and recommendations for citizens participation at local level ... 74

PART I

PARTICIPATIVE DEMOCRACY AT NATIONAL LEVEL

1. Concepts:

A political system is a set of institutions, processes and citizens in one state.

A political system is more democratic if institutions and processes are more

transparent, there is an inter-institutional control, services provided are of quality and

there is high level of citizen participation in decision-making processes.

There is a link between the structure and the functioning of a political system,

as well as the political culture within on one hand and the human development on

the other hand, if the state provides conditions for provision of services to all citizens

without any discrimination on any grounds, but also establishes a favourable system

for citizen participation.

Up to date, in most cases the approach to public policy making was inactive

(without any interest to include the citizens both on the part of the authorities and the

citizens themselves). The link between the political system and inclusion is most

visible and quite important in the process of creation of public policies. The intensity

and form of citizen inclusion in passing and implementing decisions of public interest

are indicators for the level of citizen inclusion, but also of the degree of democracy

upon decision making.

2. Context

2.1. Development and Features of the Party System

Following the declared independence, the political system in Republic of

Macedonia underwent many political changes. The one-party system was converted

into a multi-party system. Some of the first political parties were established pursuant

to the provisions of the Law on Social Organizations and Civil Associations, which

was adopted on 1

April, 1990, and was practices until a new Law on Political

Parties was adopted on 28

June, 1994.

The first election round at the first multiparty general elections was held on

November, 1990 and the second on 25

November, 1990. 24 MPs were elected

in 120 electoral districts, out of 1115 candidates proposed by 18 political parties and

a single social organization, as well as 43 independent candidates; the other 96 were

elected within the second election round, out of 372 party proposed and 3

independent candidates. Therefore, the Macedonian Assembly, after the elections

were completed, had the following structure: out of 120, VMRO-DPMNE won 38

seats or 31.67%, SKM-PDP won 31 seats or 25.83%, PDP won 17 seats or 14.17%,

the Union of Reformation Forces and Youth Democratic Progressive Party won 18

seats or 14.17%, the Socialist Party won 5 seats or 4.17%, the Party of Yugoslavs

won 2 seats or 1.67%, PCER won 1 seat or 0.83%, and 3 seats or 2.50% were won

by independent candidates. The mandate to form the first Government was offered

to the president of the party that won most seats, but he refused it, therefore it was

granted to SKM PDP, being the second largest party, which later was renamed to

become SDSM. Since the first parliament assembly in 1991, there has been an

unwritten rule to have the party representing the Albanians join as a coalition partner

in the Government.

After the first election round in 1994, VMRO DPMNE, the largest opposition

party, reacted to, according to them, intensive election irregularities, hence it refused

participation in the second election round. Therefore a parliament assembly was

established without an opposition within. The mandate was granted to the SDSM

president and PDP was again included in the Government, supported by

parliamentary vote.

In parallel, pluralisation of the media and non-governmental sector was

initiated, and the opportunities for bigger citizen participation in the decision-making

process were also increased.

At the 1998 elections, VMRO DPMNE, since then an opposition party, won

most parliament seats and formed the Government. In addition to VMRO DPMNE,

the coalition Government included DA and DPA.

At the 2002 elections, most seats were won by SDSM , which formed the

Government together with the pre-election coalition parties and DUI, the new party of

the Albanians.

The 2006 elections provided VMRO DPMNE with an opportunity to form the

Government, in coalition with NSDP, SP, DOM, PEI and DPA.

For the purpose of increased stability in Government and larger support for

government proposed laws in the Assembly, VMRO-DPMNE deemed necessary to

have a majority of seats won by the party and not only majority based on coalition.

Therefore, the party decided to dismiss the Assembly, and early general elections

were held for the first time. After completion of the early elections in 2008, VMRO-

DPMNE won absolute majority of seats, together with pre-election coalition partners,

and as an Albanian partner, the Government was joined by DUI. The early general

elections were held again two time- in 2011 and 2014. In 2011 VMRO-DPMNE won

relative majority but in 2014 absolute majority. After 2008 the main coalition partners

are VMRO- DPMNE and DUI.

For the two-decade period of party pluralism, it may be concluded that almost

all government coalitions included parties with opposite ideological orientations, and

ideological profiling of parties most often has not corresponded with activities they

undertook. At ideology level, on grounds of programme concepts, there have been

right parties with demo-Christian, peoples and conservative concept and centre

parties with liberal and neo-liberal concepts. An important feature of the Macedonian

party system is that the two most powerful parties, VMRO-DPMNE and SDSM

(former SKM PDP), positioned themselves at the beginning, as well as that it is too

fragmented, having large number of political parties that have insignificant political

power and small number of parties emerging as coalition partners of the former two.

In addition to extensive fragmentation, the second significant feature of the

Macedonian party system is the large number of parties on ethnic grounds, the

reason of their establishment being related to protection of interests of a certain

ethnic community rather than ideological concepts.

The first multiparty elections caused suspicions on regularity of the election

process, related to suspicions in duplications in the voters list, proxy voting, and

irregularities in vote count, disturbing secrecy of ballot and other. This type of

irregularities were repeated and intensified in all future election cycles. Irregularities

in elections were accompanied by violence at the polls, violent ballot box stuffing,

violent obstructions of the voting process and unfortunately, in some election cycles,

even loss of human life in the Western part of the country, mostly in regions where

ethnic Albanians live, by murders of one Albanian party members by other Albanian

party members. There have been pressures even in the pre-election process, related

to threats and blackmails to voters, as well as physical violence during election

campaigns and demolition of local campaign headquarters. Almost all OSCE,

ODIHR, EU, Council of Europe election observation reports, as well as national and

international NGOs observers pointed out numerous irregularities and breach of

voting rights of citizens. Reactions of political parties, citizens and observers were

the reason for a large number of international organizations criticizing the country for

non-democratic implementation of the elections and for setting change of regulation,

as well as of election practice, as a requirement for European and NATO integration.

Since the first multiparty elections, Government began changing election legislation,

related to voting method, election lists updates, procedures to identify and sanction

irregularities, organization and coordination of election process, procedures of vote

count and other. The procedures for changes in election legislation continued after

its codification in the Election Code

, primarily by modifications related to funding

election campaigns and incriminating several law violations related to the election

process.

2.2. Legal Framework to Ensure and Protect Civil and Political Rights

The adoption of the Constitution by the Assembly in 1991 marked the

beginning of the process of enhanced guarantee of civil and political rights, in

addition to other rights, within a pluralistic context.

Parts of constitutional articles related to civil and political rights are given

below.

Article9

Citizens of the Republic of Macedonia are equal in their freedoms and rights,

regardless of sex, race, colour of skin, national and social origin, political and

religious beliefs, property and social status. All citizens are equal before the

Constitution and law.

Article16

Adopted on 29

March, 2006

Freedom of personal conviction, conscience, thought and public expression of

thought is guaranteed. Freedom of speech, public address, public information and

free establishment of public information institutions is guaranteed. Free access to

information and freedom of reception and transmission of information are

guaranteed.

The right to respond in the mass media is guaranteed. The right to a correction in the

mass media is guaranteed. The right to protect a source of information in the mass

media is guaranteed. Censorship is prohibited.

Article17

Freedom and confidentiality of letters and other forms of communication is

guaranteed. Deviations from the principle of inviolability of confidentiality of letters

may only be possible by a court decision, if it is indispensable to a criminal

investigation or required in the interests of the defence of the Republic.

Article19

Freedom of religious confession is guaranteed. The right to express one's faith freely

and publicly, individually or in a community with others is guaranteed.

Article20

Citizens are guaranteed their freedom of association to exercise and protect their

political, economic, social, cultural and other rights and convictions. Citizens may

freely establish associations of citizens and political parties, join them or resign from

them. Programmes and activities of civil associations and political parties may not

aim toward violent destruction of the constitutional order of the Republic, or to incite

or call upon military aggression or ethnic, racial or religious hatred or intolerance.

Military or semi-military associations which do not belong to the Armed Forces of the

Republic of Macedonia are prohibited.

Article21

Citizens have a right to assemble peacefully and to express public protest without

prior announcement or a special license. The exercise of this right may be restricted

only during a state of emergency or war.

Article22

Every citizen of 18 years of age acquires the right to vote. The right to vote is equal,

universal and direct, and is exercised at free elections by secret ballot. Persons

deprived of the right to practice their profession by a court verdict may not exercise a

right to vote.

Article23

Every citizen has a right to take part in performing public service.

Article 24

Every citizen has a right to petition state bodies and other public services, as well as

to receive an answer. A citizen cannot be called to account or suffer adverse

consequences for positions expressed in petitions, unless they entail the committing

of a criminal offence.

Article29

Foreign subjects enjoy freedoms and rights guaranteed by the Constitution in the

Republic of Macedonia, under conditions regulated by law and international

agreements. The Republic guarantees a right of asylum to foreign subjects and

stateless persons expelled due to their democratic political convictions and activities.

Extradition of a foreign subject can be carried out only on grounds of a ratified

international agreement and on the principle of reciprocity. A foreign subject cannot

be extradited for political criminal offenses. Acts of terrorism are not regarded as

political criminal offenses.

Article50

Every citizen refer to protection of freedoms and rights stipulated by the Constitution

before courts and the Constitutional Court of Macedonia, in a procedures based

upon the principles of priority and urgency. Judicial protection of the legality of

individual acts of state administration, as well as of other institutions exercising

public authority, is guaranteed. A citizen has a right to be informed on human rights

and basic freedoms and may actively contribute, individually or together with others,

to their promotion and protection.

Right to vote

The right to vote, as regulated in Article 22 of the Constitution, has been described in

the Election Code as well, as follows:

Equal right to vote

Article 3

(1) The President of the Republic, MPs, council members and municipal mayors are

elected at general, direct and free elections, by secret ballot.

(2) The voter may never be called to account for voting, nor may be required to

publicly say who they voted for or why they did not vote. The Constitution guarantees

the opportunity, even though it is hardly used, for citizens to propose adoption of

laws.

Right to be elected

Article 6

Every citizen of the Republic of Macedonia has a right to vote if they are of 18 years

of age, are free from restrictions to practice their profession and have permanent

residence at the constituent district, municipality or the City of Skopje, where the

election is taking place.

Article 7

(1) A candidate for President of the Republic may be a person who meets

requirements set for election of a President of the Republic stipulated in the

Constitution.

(2) Every citizen of the Republic of Macedonia has a right to be elected as MP,

council member and mayor if they are of 18 years of age, are free from restriction to

practice their profession, are not serving prison sentence for committed crime and

are not convicted by an effective court ruling to at least six months prison sentence.

(3) In addition to requirements stipulated in Paragraph (2) of this Article, every citizen

has a right to be elected as council member and mayor if they have permanent

residence in the municipality or the City of Skopje where the election is taking place.

Right to association

The right to association, guaranteed by Article 20 of the Constitution, is

additionally described in the Law on Political Parties

and the Law on Association of

Citizens and Foundations. The Law on Political Parties stipulates the following:

Article 2

(1) A political party is a voluntary organization of citizens, established for the purpose

of exercising and protection of political, economic, social, cultural and other rights

and convictions, as well as for participation in the process of making political

decisions when participating in the government.

(2) Political parties implement their goals by democratic establishment and

expression of political will by participation in elections, as well as in different

democratic ways.

Article 3

Programmes, statutes and activities of political parties may not aim to

- violently destruct the constitutional order of the Republic of Macedonia;

- incite or call upon military aggression and

- spread national, racial or religious hate and intolerance.

Article 4

Political parties, in their activities, implement the principle of gender equality in

access to the availability of office within a political party.

Article 5

Any discrimination on grounds of membership or non-membership into a political

party is forbidden.

Article 6

(1) Political parties are equal before the Constitution and law.

(2) Political parties are guaranteed their freedom and independence in acting and

establishing their internal structure, goals and choice of democratic forms and

methods of action.

(3) Political parties may not form military or semi-military structures within their

internal organization.

Published in the "Official Gazette of the Republic of Macedonia" no. 76/04

Article 12

(1) Membership in a political party is voluntary.

(2) Each member may freely resign from a political party.

The Law on Associations of Citizens and Foundations stipulates the following:

Article 2

Citizens are free to associate in civil associations and to establish foundations for

exercising and protection of economic, social, cultural, science, professional,

technical, humanitarian, educational, sports and other rights, interests and

convictions according to the Constitution and law.

Civil associations and foundations are not for profit organizations. If gain is attained

in the course of the work of associations of citizens and foundations, it must be

exclusively used for supporting and achieving their goals and activities stipulated in

the statute.

Right to public assembly

The right to public assembly, guaranteed by Article 21 of the

Constitution is additionally explained in the Law on Public Assembly

Article 2

Public assembly, as defined in this Law, shall be assembly at outdoor or indoor

space, for the purpose of achieving entertaining, cultural, religious, humanitarian,

social, political, economic, sports and similar interests of citizens, that has been

organized for public expression of thought or protest.

Freedom of religion, guaranteed by Article 19 of the Constitution, has been

additionally described in the Law on Religious Communities and Religious

Groups

Article 2

Religious communities and religious groups are free to perform religious activities

and rites.

Article 4

It is forbidden for any citizen to be forced or prevented in any way to become or be a

member of a religious community or religious group. Citizens may not be denied

rights they have under the Constitution and law, due to religious beliefs, belonging to

a religious community or religious group, performing or participation in performing

religious rights and other types of expression of faith. Expression of religion or

belonging to a religious community or religious group does not exempt citizens from

duties under the Constitution, laws and other regulations.

Published in the "Official Gazette of the Republic of Macedonia" no. 55/95

"Official Gazette of the Republic of Macedonia" no. 35/97

Free access to information

Free access to information, guaranteed in Article 16, Paragraph 3 of the Constitution,

has been additionally described in the Law on Free Access to Information of Public

Character

List of information

Article 9

Holders of information are obliged to regularly keep and update the list of information at

their disposal and to publish them in manner available to the public (internet page,

announcement board and other).

Oral or written request

Article 12

(1) The request for access to information may be oral, written or electronic.

(2) Each individual, on grounds of request, has a right to access to information from the

holder of available information, by means of insight, copy, photocopy or electronic copy.

2.3. Forms of direct democracy

Right to civil initiative

This right within the Constitution has been regulated in the following

manner:

Article

Every representative in the Assembly, in the Government of the Republic of

Macedonia and of at least 10.000 voters has a right to propose adoption of laws.

Initiative for adoption of laws may be submitted to authorized proposers by any

citizen, group of citizens, institutions and associations.

The procedure to practice this right has been additionally described in the Rules of

Procedure of the Assembly

Article 137

Legislation proposal shall be submitted to the President of the Assembly. The

President of the Assembly shall immediately, not later than 3 working days from the

date of submission of proposal, distribute it to MPs, in a writer or electronic format,

thus initiating the legislation procedure

Article138

Legislation proposal not submitted by the Government, shall be delivered to the

Government by the President of the Assembly, for the purpose of providing opinion.

If the Government fails to provide an opinion, the Assembly and its working bodies,

shall discuss the legislation without Government opinion.

"Official Gazette of the Republic of Macedonia" no. 13/06

Passed on 18

July, 1008

Right to a referendum

The Constitution guarantees this right in the following manner:

Article 73

The Assembly passes a decision to announce a referendum on specific

issues within its powers, by a majority vote out of total number of seats. A

referendum proposal shall be adopted provided that it is voted for by the majority

who used their right to vote, if they are more than half of total number of voters. The

Assembly is obliged to announce a referendum if a proposal is submitted by at least

150.000 voters. The decision adopted at a referendum is mandatory to implement.

Direct forms of democracy at local level

Direct democracy at local level is regulated in the following manner by the

Law on Local Self-Government

Article 26

Civil Initiative

(1) Citizens have a right to propose the Council to pass certain acts or solve

certain issues within its powers.

(2) Citizen initiative may not be submitted regarding personnel and financial

issues.

(3) With reference to the proposal provided in Item (1) of this Article, the

Council is obliged to discuss it, if supported by at least 10% of voters in the

municipality or the community self government the given issue is related to.

(4) The council is obliged to hold the discussion provided in item (3) of this

Article, within 90 days the latest since the date of initiative submission, and to inform

the citizen on its decision.

Article 27

Citizen assembly

(1) Citizen assembly may be summoned within the total area of the

municipality or a specific area of the community self-government.

"Official Gazette of the Republic of Macedonia" no. 5, from 29th January, 2002

(2) Citizen assembly shall be summoned by the Municipal Mayor, on their own

initiative, on Council request or on request by at least 10% of voters in the

Municipality, or the community self-government a certain issue is related to.

(3) Within 90 days the latest municipal bodies are obliged to discuss

conclusions adopted at the citizen assembly and take them into account when

making decision and passing measures on issues they refer to, as well as inform the

citizens on their decisions.

Article 28

Referendum

(1) Citizens may decide on issues within the powers of a municipality, as well

as on issues of local interest by means of referendum.

(2) The Council is obliged to announce a referendum on request of at least

20% of voters in the municipality.

(3) The Council may announce a referendum on issues within its powers, on

its own initiative.

(4) A decision passed at the referendum is mandatory for the Council.

2.4 Macedonian Democracy in Multiethnic Context

In the course of 2001, armed groups, consisting of members of the Albanian

minority initiated an armed conflict due to, as stated by some of their representatives,

`acquiring greater rights for the Albanians'. After it began, the armed conflict was

supported by the parties of ethnic Albanians, in statements they gave to the media.

The end of the conflict came with the signing the Framework Agreement by leaders

of the largest Macedonian and Albanian political parties. Principles contained in this

Agreement were further implemented as Constitutional amendments in the Preamble

and in the normative part of the Constitution

, as well as in many laws. Accordingly,

AMANDMENT IV

1.Citizens of the Republic of Macedonia, the Macedonian people, as well as citizens who live within

its borders and are members of the Albanian people, Turkish people, Vlah people, Serbian people,

Roma people, Bosniak people and other, taking responsibility for the presence and the future of their

fatherland, aware and grateful to their ancestors for their sacrifices and dedication in their endeavours

and struggle to create an independent and sovereign state of Macedonia, and responsible to the

future generations to preserve and develop all valuable in the rich cultural heritage and coexistence,

equal in rights and obligations towards the common good -- the Republic of Macedonia in

accordance with the tradition of the Krushevo Republic and the decisions of ASNOM and the

Referendum of September 8, 1991, have decided to establish the Republic of Macedonia as an

independent, sovereign state, with the intention to establish and consolidate the rule of law, to

guarantee human rights and civil liberties, to provide peace and coexistence, social justice, economic

1279

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Title

Participative democracy in transition countries. The Macedonian case

Course

Political System

Author

Jovan Ananiev

Year

2014

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Archive No.

V286601

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978-3-656-87075-3

ISBN (Book)

978-3-656-87076-0

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, 2014, Participative democracy in transition countries. The Macedonian case, Munich, GRIN Publishing GmbH, http://www.grin.com/en/e-book/286601/participative-democracy-in-transition-countries-the-macedonian-case

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Participative democracy in transition countries. The Macedonian case

Scientific Study, 2014, 80 Pages

Details

Title

Participative democracy in transition countries. The Macedonian case

Course

Political System

Author

Jovan Ananiev

Year

2014

Pages

Archive No.

V286601

ISBN (eBook)

978-3-656-87075-3

ISBN (Book)

978-3-656-87076-0

File size

764 KB

Language

English

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