Macedonia PRECEDE Situation report 31 05 2013

THIS PROJECT IS FUNDED BY THE EUROPEAN UNION
Instrument for Pre-accession Assistance (IPA) Civil Society Facility (CSF)
The views expressed in this publication do not necessarily reflect the views of the European Commission
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P R E C E D E
Partnership for Reconciliation through Early Childhood Education
and Development in Europe
EARLY CHILDHOOD EDUCATION AND DEVELOPMENT
MACEDONIA SITUATION REPORT
PRECEDE
Partnership for Reconciliation in Early Childhood Education
and Development in Europe
First Children's Embassy in the World Megjashi - Republic of Macedonia
Skopje, Macedonia
2013

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Table of Contents
1.Introduction .......................................................................................................................3
1.1 Brief description of methodology .................................................................................. 4
1.2 Brief description of Macedonia...................................................................................... 5
1.3 What is being done well in ECED in Macedonia ............................................................. 8
2.Laws, Policies, and Strategies ............................................................................................16
2.1 International ................................................................................................................ 16
2.2 Regional ....................................................................................................................... 25
2.3 National – Macedonia & harmonization between laws and policies ........................... 26
2.3.1 Macedonian National Strategies for Children ...................................................... 33
2.3.2 Legal regulations mechanisms (punishment ...) ................................................... 39
2.3.3 Reconciliation and peace-building initiatives in Macedonia................................. 39
2.4 Child Protection ........................................................................................................... 44
2.4.1 laws related children & preschool education....................................................... 44
2.4.2 Violence, abuse and neglect ................................................................................ 46
2.4.3 Sexual abuse of children ...................................................................................... 48
2.4.4 Chemical dependence ......................................................................................... 49
2.4.5 Media role, computers and various computer/video games ................................50
2.4.6 Child Helplines...................................................................................................... 53
2.4.7 Computers and various computer/video games .................................................. 54
2.4.8 NGOs and networks for children's rights.............................................................. 56
3.Services for Young Children and Pregnant Mothers............................................................58
3.1 Services available for young children and pregnant mothers .................................... 58
3.2 Poverty alleviation ....................................................................................................... 60
3.3 Financial support for parents of young children......................................................... 62
3.4. Schooling and related education services .................................................................. 73
3.5. Preschool education, programs.................................................................................. 73
3.6. Health Services ........................................................................................................... 91
3.7. Social policy.................................................................................................................. 97
3.8. Culture and information............................................................................................. 100
3.9. Policies and practices for pregnant mothers.............................................................. 100
4.Quality System in Macedonia..........................................................................................101
4.1 Quality/standards in Civil Society Organizations at the country Level ....................... 101
4.2 Quality assurance and quality standards for the NGOs/CSOs .................................... 104
4.3 Written internal policies of the organization ............................................................. 108
5.Monitoring and Evaluation..............................................................................................109
6. People ...................................................................................................................113
6.1. Champions ...........................................................................................................113
7. Recommendations..............................................................................................119

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1. Introduction
It is not easy to speak about ECED and peace education, peace building, reconciliation and
other values related to this “phenomenon”, but it is even more difficult if it is to be done in a
region, especially about a country like Macedonia. It is difficult due to the high vulnerability
starting from the conflicts in ex-Yugoslavia to the conflict in Macedonia in 2001 and the events
since then. During the reading of this situational research, in order to avoid children’s rights
analysis approach, there must be constant evidence that at the state’s level there have not
been started dealing with the past and reconciliation processes regardless of the fact that often
there is a thin line of escalation between the Macedonians and the Albanians. Therefore, we
cannot speak about starting such processes in the educational system, particularly in preschool
education. There is no doubt that the necessity is great and unavoidable, it must be worked on
that, and this research, in fact, is a pioneer and valuable from that point of view: to start
implementation of peace building as an integral valuable and educational part of the everyday
practices in preschool education.
During the reading of this research, it must be taken into account that the numerous laws,
strategies, action plans, protocols have been adopted, primarily, in order to fulfil the criteria for
EU entry. Unless they are widely supported by the citizens, it is difficult to be realized in
practice, particularly those strategic documents which tackle sensitive issues like the relations
between the Macedonians and Albanians.
The reasons for difficulties in the implementation are also technical (the capacities of the
legislators and administration), but for the so-called “sensitive issues” many preconditions that
will result in sustainable policies realizable in practice are needed, particularly due to the
opposition between the so-called Macedonian and Albanian block. The opposition has
penetrated deeply into the society so it reflects in all levels of social life including the policies
referring to children if they contain reconciliation segments.
Just for instance are the documents treating the too sensitive issues, like integrated education
expressed in the Strategy for Integrated Education. This strategy is unachievable and
unacceptable to a large number of Macedonians and Albanians. For the Albanians, it is
imposing and does not provide integrated education by reciprocity and the same mandatory
level. On the other hand, to most of the Macedonians and Albanians it is unclear how a

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Government which separates the society on various bases can declare itself to engage and carry
out a policy of integrated education.
Such constellation of the relations inside the multiethnic Macedonian society delays and
hampers the reconciliation processes. Education is a pillar of every society and the processes
move slowly, but we are aware that this project is a stake in the future for the next generations
and that someone had to start.
We are glad that FCEW MEGJASHI has been part of that process since its beginning. It is a fact
that changes in this context occur because what was a dream of many pedagogues years and
years ago now is implied in the strategy (for integrated education1
): preschool education to
become an integral part of the Ministry of Education by 2015, not to the Ministry of Labor and
Social Policy as it is now. Let’s hope that there is no need to wait for 30 years for the Peace
Education to become an integral part of ECED.
1.1 Brief description of methodology
This report is based on the research conducted in February, March and April 2013 by using
qualitative methods. The aim of this research is to have insight into the presence of the concept
of reconciliation in the early child development. By research of the good practices, possible
solutions and legal frameworks, we hope that this report will contribute to increase the
awareness for the necessity of peace programs in the early child development which will
further contribute to the reconciliation between the ethnic groups in the society.
An analysis and a commentary on the laws, policies and practices relating to the early child
development have been made. An analysis of media and other texts dealing with the
educational problems and contents of the early child education through the prism of the
children’s rights and peace building/development has been made.
Data on the services available to preschool children as well as pregnant mothers have been
summarized.
1
http://www.edulaws.mk/index.php?option=com_content&view=article&id=230%3A2011-10-06-12-28-55&catid=127%3A2011-10-
06-12-27-44&Itemid=288&lang=mk

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Within this methodological framework, which focuses on the key elements in the field of early
child education, the following techniques have applied:
Group and individual consultations and meetings with key stakeholders from the NGO sector
who are active in the field of the early child development as well as representatives from
relevant agencies and institutions.
Desk research (content analysis) of previous relevant documents and documents from the
archives of the first Children’s Embassy in the World Megjashi
Mapping of managerial/administrative structure in Macedonia in relation to the child and social
protection, as well as mapping of social and other services for groups of uses
The process of data collection is based on the guidelines of the PRECEDE project on the basis on
an analysis of the legal regulative dedicated to children or which includes children particularly
younger children as well as on the basis on an analysis of the existing policies and practices.
Data sources used for the purpose of this research:
Relevant documentation (previous assessments, overviews, national and local reports form
governmental institutions and reports of NGOs, intergovernmental organizations, research
reports and assessments)
Final remarks for the Republic of Macedonia by the UN Committee on the rights of the child
from June 11, 2010
Relevant strategic documents (national strategies, programs, action plans, protocols)
Relevant legislation (law, rules, legal codes)
Official statistic data, tables and unofficial surveys, assessments and analyses.
1.2 Brief description of Macedonia
Macedonian society can be described as simultaneously multi-ethnic, multinational, plural and

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multicultural young democracy2
. In the past decade Macedonia’s multicultural society has
brought about challenges for the people who live in it. Many of these challenges have not been
overcome yet and continue to obstruct the communication between different ethnicities in the
country.
The current structure of the population in Macedonia in many ways reflects the history of the
region. Being part of Yugoslavia, after its declaration of independence in 1991, the Macedonian
population have consisted of ethnic Macedonian majority, large ethnic Albanian minority and
many other minority groups. According to the data provided by the Census in 2002, around 25%
of the population in Macedonia today is ethnic Albanians, and additional 10% are other
minorities: Romanians, Serbs, Turks, Bosnians, Croats, Vlachs etc. According to the estimation
of the population (30.06.2011), in the Republic of Macedonia there are 2 058 539 citizens.3
In 2001, there was an armed conflict in the Republic of Macedonia for which there has not been
public consensus on what exactly happened yet. For that period, there are many expressions:
2001 conflict, 2001 war, 2001 armed conflict and so on. The conflict is usually seen as a conflict
between the ethnic Albanians and the ethnic Macedonians so that the other ethnic groups in
the Republic of Macedonia comply with the requirements or positions of one of these two
groups. Census in 2011 failed, showing sensitivity of ethnic balance issue and its connection
with participation in political decision making.
Moreover, a large number of the problems that Macedonia faced after its independence have
not been solved yet. The focus is still on building a functional state administration;
strengthening of the economy, fight against bribery and corruption4
, distrust in institutions, no
media freedom of expression and pressure to fulfil conditions for joining EU.
The issue between Macedonia and Greece over the name has not been resolved yet, the inter-
ethnic relations between the two largest ethnic groups in the country, the Macedonians and
the Albanians are still sensitive and conflicts easily escalate.
2
People Centered Analysis, UNDP and SEEU, April 2010, p58
3
State Statistics Office, http://www.stat.gov.mk/OblastOpsto.aspx?id=2
4
According to the index of corruption, for 2012 of Transparency International, Macedonia is between Slovenia (61) and Croatia (46)
on the one hand, and BiH (42) and Serbia (39) on the other hand. A country or territory’s score indicates the perceived level of
public sector corruption on a scale of 0 - 100, where 0 means that a country is perceived as highly corrupt and 100 means it is
perceived as very clean. A country's rank indicates its position relative to the other countries and territories included in the index.
http://cpi.transparency.org/cpi2012/results/

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In this long transitional period, the emergence of an exceptional internal division of the
Macedonian ethnic group regardless of the party affiliation, at present there are two big
opposing groups of Macedonians often associated with the two political parties VMRO and
SDSM (“left” and “right”).
In the context of reconciliation as opposed to the common thinking that reconciliation should
primarily be between the ethnic Albanians and the ethnic Macedonians in Macedonia, if this
strong polarization among the ethnic Macedonians themselves continues, then in the context
of reconciliation, we may speak about the two groups divided within the Macedonian
electorate.
In the last three years a growing level of hostility between the Macedonian majority and the
biggest Albanian minority has been noted. The OSCE’s High Commissioner for National
Minorities confirmed this on his visit of the country in 2008 and emphasized that such
separation can easily lead to violence. A research conducted by OSCE5
further supported this
statement by demonstrating the (un)willingness of the ethnic groups, depending on their status
and place of living, to interact between each other. While some of the cities in Macedonia are
predominantly inhabited by one ethnic group, for instance the cities of Bitola, Strumica and Stip
where the majority of the population are Macedonians, there are other cities which are more
ethnically-balanced such as Struga, Kicevo, Tetovo and Kumanovo where the population
consists mostly of ethnic Macedonians and Albanians. Still, the frequency of contact between
the two ethnic groups goes inversely to the diversity level of one community. The same
research showed that the Macedonian students from towns where the Macedonians are the
majority have more frequent contacts with the Albanians than those who live in more
ethnically-balanced towns. Inversely, in towns where both ethnic groups are more or less
equally present, the level of interaction is much lower. Thus, physical proximity of ethnic
communities does not guarantee that the groups will interact. On the contrary, if tensions exist,
there is a risk that this interaction will be reduced to a minimum. According to data provided by
OSCE, the perceived reason for such hostility are the: students’ prejudices (43%), the political
parties’ influence (43,8%) and cultural differences (44,2%).6
5
Age, Contact, Perception, How Schools Shape Relations Between Ethnicities, OSCE, Skopje, Jan 2010, p. 14
6
Ibid. p. 17

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In this regard, another research conducted by UNICEF7
emphasizes the need for amendments
to the laws pertaining to education and inter-ethnic relations and reforms in the school
curricula. The current education-related laws focus on prohibiting discrimination, rather than
promoting the positive values of tolerance and mutual respect. While “The improvement of
inter-ethnic relations is one of the key goals stated in the Government’s Programme” little has
been done in achieving this goal. The major focus has been on respecting the Ohrid Framework
provisions and supporting the use of the languages of different ethnic communities. Still, the
findings suggest that the principles of tolerance, mutual respect and creating a cultural
awareness and sensitivity should be more actively promoted in the legislation and school
curricula. Also, mechanisms should be put in place that will ensure the successful
implementation of these laws.
The division on “us” and “them” is very visible in Macedonia in all ethnic groups and from an
early age. Still, without suitable mechanism and promotion of positive values, this awareness
soon transforms in intolerance and hostility to other ethnic groups.
1.3 What is being done well in ECED in Macedonia
POLICY LEVEL
Although protection of children’s rights and the child protection policies have never been a
priority of the Government of the Republic of Macedonia, during the last 5 years some steps to
be welcomed have been made:
The entry into force in June 2009 of the Law on Juvenile Justice introducing restorative justice
and prevention of juvenile delinquency, as well as the adoption of the 2008-2009 Action Plan
and secondary legislation for its implementation;
Several health programmes started in 2010, in particular the Program for Active Health
Protection of mothers and children (Official Gazette of the Republic of Macedonia No. 07/2010)
and the Program for Systematic Examinations of Pupils and Students (Official Gazette of the
Republic of Macedonia No. 20/2010);
7
Center for Human Rights and Conflict Resolution, Study on Multiculturalism and Inter-ethnic Relations in Education, UNICEF
Country Office, Skopje, 2009, p. 12

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The adoption of the 2009 – 2012 Action Plan for prevention and countering sexual abuse and
paedophilia, addressing the protection and assistance of child victims, and providing the
establishment of a coordinated system for cooperation among government institutions and
between government and NGOs. This Action Plan was revised and extended;
The succession or the ratification of the Hague Convention No. 33 on Protection of Children and
Cooperation in Respect of Intercountry Adoption on December 23, 2008.
Referring to the more recent steps by the Government of the Republic of Macedonia, apart
from the revision of the National Action Plan on the Rights of Children (NAP) in accordance with
the recommendations of the Committee on the Rights of the Child of UN, at national level, the
creation, adoption and launched implementation of numerous strategies, programs, action
plans, protocols that include, directly or indirectly, children from an early age is to be
welcomed.
Overview of some of the strategies, programs, action plans and protocols
Strategies, Programs, Action Plans and Protocols Responsibility
1. Program for Development of Preschool Education and Program for
Providing and Quality Control of Education
Ministry of
Education (ME)
2. Strategy for Integrated Education in the Republic of Macedonia with an
Action Plan
ME
3. Strategy for Reduction of School Violence 2012-2015 ME
4. National Strategy for Poverty Reduction and Social Exclusion in the
Republic of Macedonia 2010-2020
Ministry of Labor
and Social Policy
(MLSP)
5. National Strategy for Prevention and Protection of Domestic
Violence2012-2015
MLSP
6. National Strategy for Poverty Reduction and Social Exclusion 2010-2020 MLSP
7. National Strategy for Poverty Reduction and Social Exclusion (revised) MLSP
8. Program on Social Inclusion MLSP
9. National Strategy on Achieving Equal Rights for the Persons with
Disabilities 2010-2018 (revised)
MLSP
10. Strategy for Integration of Refugees and Foreigners in the Republic of
Macedonia 2008-2015
MLSP
11. Program for Development of the Child Protection Activity 2013 etc. MLSP
12. Joint Protocol for Handling Cases of Domestic Violence MLSP
13. Program for Development of Social Protection 2011-2021 MLSP
14. Program for Development of the Child Protection Activity 2013 etc. MLSP

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15. National Strategy for Deinstitutionalization 2008-2018 MLSP
16. Multidisciplinary Protocol for Dealing with Street Children in the Republic
of Macedonia
MLSP
17. National Strategy for Prevention and Protection against Domestic
Violence 2012-2015
MLSP
18. Program for Development of Child Protection Activity for 2013 MLSP
19. National Strategy for Equality and Non-discrimination on grounds of
Ethnic Origin, Age, Mental and Physical Disability and Sex;
MLSP
20. Operational plan (2013) for Implementation of the National Strategy for
Equality and Non-discrimination on grounds of Ethnic Origin, Age, Mental
and Physical Disability and Sex 2012-2015;
MLSP
21. National Strategy and National Action Plan to Combat Human Trafficking
2013-2016
MLSP
22. Protocol on Collaboration between the Competent Institutions in Cases
of Sexual Abuse of Children and Paedophilia
MLSP
23. Action Plan for Prevention and Dealing with Sexual Abuse of Children and
Pedophilia
MLSP
24. Action Plan 2013-2015 for Street Children MLSP
25. Multidisciplinary Protocol Dealing with Street Children in the Republic of
Macedonia;
MLSP
26. Strategy for Immunization in the Republic of Macedonia 2012-2020 with
the Action plan 2012-2015
Ministry of
Health (MH)
27. National Strategy for Prevention of Oral Diseases in Children 0-14 Years
of the Republic of Macedonia for the period 2008 – 2018
MH
28. Manual for Implementation of the National Strategy for Prevention of
Oral Diseases in Children of 0-14 Years in the Republic of Macedonia
MH
29. Strategy for Sexual and Reproductive Health in the Republic of
Macedonia by 2020, with the Action Plan for 2010-2015
MH
30. Strategy for Safe Motherhood in the Republic of Macedonia 2010-2015,
with an Action Plan
MH
31. Action Plan to the Strategy for Safe Motherhood 2010-2013 MH
32. Program for Participation in the Use of Health Protection of Certain
Diseases of the Citizens and Health Protection of Mothers and Infants in
the Republic of Macedonia for 2013
MH
33. Program for Health Protection of People with Additions in the Republic of
Macedonia for 2013
MH
34. Program for Mandatory Health Insurance of the Citizens of the Republic
of Macedonia without Mandatory Health Insurance for 2013
MH
35. Program for Treatment of Rare Diseases in the Republic of Macedonia for
2013
MH
36. Program for Active Health Protection of Mothers and Children in the MH

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Republic of Macedonia for 2013
37. Program for Protection of the Population from HIV/AIDS in the Republic
of Macedonia for 2013
MH
38. Program “Health for Everyone” for 2013 MH
39. Program for Mandatory Immunization of the Population in the Republic
of Macedonia for 2013
MH
40. National Annual Program for Public Health in the Republic of Macedonia
for 2013
MH
41. National action plan on the rights of children in the Republic of
Macedonia 2006-2015
National
Committee for
Children's Rights
42. Proposal-new Strategy for Cooperation with of the Government with the
Civil Sector (2012-2017)
General
Secretariat -
Government of
RM
43. Strategy for Cooperation of the Government with the Civil Sector (2005-
2012)
General
Secretariat -
Government of
RM
Two important documents have been adopted, which include preschool children indirectly and
important for this research: Steps towards Integrated Education in Macedonia8
as well as
recently adopted Law on Child Protection.
RECENTLY ADOPTED LAW ON CHILD PROTECTION RELATED TO ECED
In terms of the children’s rights and protection, the adoption of the new Law on Child
Protection which was adopted in February 2013, is to be welcomed. The former was adopted in
2000, and then many amendments were made to it, in 2004, 2005, 2008 and 2009. But the fact
itself that ECE is part of this law represents a multiple problem. In the previous system, in the
socialism, there was a separate law called Law on Preschool Education9
, but ECE represents
very broad problems which not only deserves to belong to a separate law, but it is also
necessary. Therefore, the new Law on Child Protection is extensive. The new Law on Child
8
http://www.mon.gov.mk/index.php/aktivnosti/849-2011-10-20-17-14-51
9
Sobranie na Republika Makedonija, 16. http://www.sobranie.mk/default.asp?ItemID=892AAAF8C601DB4885DC010E52A00678
and http://www.slvesnik.com.mk/Issues/7A7AE998652140F8B5D7A54FF150BAB5.pdf Official gazette 1991

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Protection is a complex law consisting of 244 articles, divided into 20 chapters as a sublimate of
the articles from the law, grouped with respect to the content of them. This law is aimed at
preschool children and the institutions where they are taken care of. It specifies the new
concept of update of the system of child protection, particularly a part in the organisation and
the manner of providing conditions for child protection as an activity of public interest in
modern conditions and acknowledgement of plural relations in performing the activity.
The provisions from the first chapter regulate the basic provisions of the Law, defining child
protection and organized activity based on the children’s rights as well as the rights and
obligations of parents for family planning, for the state and the local self-government units in
pursuing human population policy. These functions are carried out in accordance with the
material possibilities of the parents in supporting, raising, care and protection of children, as
well as in accordance with the possibilities of the state and the local self-government, for
organizing and providing development of child protection institutions and services.
In the second chapter, the right of the child to be protected is regulated, including the child
benefit, special benefit, one-off financial assistance for a new-born, parental benefit for
children and participation as well as the manner of exercising the rights. The novelty in this part
of the Law is providing the right to use the special benefit for people having the status of
recognized refugee and people under subsidized protection who have a child with
developmental disabilities and special needs.
The third chapter includes the law from 54 to 56 and they include the forms of protection, i.e.
the manner of care and upbringing of the preschool children as well as legal and natural
persons participating in the activity.
In the fourth chapter, the activity carried out in the kindergartens is regulated, i.e. how it is
based, how it enters in register, organization and content of the activity, i.e. types of programs
executed in these forms of care of preschool children.
The provisions in the last chapter provide adoption of bylaws for regulation of the Law.
Likewise, all the institutions dealing with care of preschool care will have rules which must be
practiced in their work since they further regulate and explain everything which is unclear in
the Law. It is imposed modernization of legal solutions due to the need of inclusion of more
children in institutions for care and upbringing of preschool children.

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One of the purposes for adoption of the Law is establishing a system for care and upbringing of
preschool children in the function of early child development, which will represent support for
the whole development and encouragement of the development, its capacities, expanding the
experiences and creating knowledge for themselves, for the others and for the world; then
educational role of the family, further upbringing and education, inclusion in the society,
developing potential of the child as a precondition for further development of the society and
its progress.
This novelty, i.e. the new program for early child development and opening of the centres for
early child development are in the function of inclusion of the children from the youngest age.
In the past, all children did not have equal starting positions (at least in terms of law), especially
children from the rural areas, and with this law change, preschool institutions and centres for
early child development will be brought to these children as well as to the rest of the children
living in the richer or bigger urban areas. The Law contains the novelty for the manner of care
and upbringing of preschool children in the Centres for Early Child Development and it is to be
welcomed.
This Law strengthens the mechanisms for control and prevention of all ways of child abuse. The
Law regulates the system, organization and manner of providing child protection as an activity
of public interest. Namely, the Law on Child Protection is based on the children’s rights, as well
as on the rights and obligations of the parents and the state for family planning, providing
conditions and life standard corresponding to the physical, mental, emotional, moral and social
development of children and the obligations of the state in creating conditions for carrying out
human population policy, giving appropriate financial assistance to the parents, certainly within
the possibilities, to the state to support, raise, care and protect children and to provide
development of institutions and services for child protection.
The Law also regulates the management and running of the children institutions, i.e. the
managing body, the running body, the professional body and the body for internal control and
the other bodies in the children institutions. It is provided that professionals carrying out the
activity and the staff need to fulfil the conditions to obtain status of a professional who will be
employed in the children institution and for every vacancy they will be required to obtain
license for work and they are regarded as public officials.
The procedures for selection of a public official, disciplinary measures as well as continuous

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monitoring of the work of the public officials and their assessment also apply to them. The
same applies to the selection of a governing body of the institution, kindergarten or centre for
early child development, or it applies to those applying for the role of a principal of the same.
Introduction of licenses enables the employees in the preschool institutions to educate and
train themselves professionally and continuously during their work, thus following modern
trends pedagogy so that it will raise the degree to a much higher level, the degree of care and
education of preschool children. This Law provides an opportunity of employment of additional
number of people interested in this kind of work by opening agencies which offer children care
services.
A positive novelty is that an opportunity is given to foreigners who want to start a kindergarten.
The agencies which can take care of and bring up children, i.e. agencies to be started by
domestic natural or legal person and they themselves to provide conditions for preschool
children. The requirements for starting an agency are provided and regulated here; those are
people who can work in the agency and the manner of providing the service. It is also provided
that natural persons obtaining the work license from the Minister may take care of preschool
children, even in their own homes or in the parental home. However, it is the minister
themselves, who have the right to revoke the decision to perform the activity.
The provisions regulating the manner of financing child protection are provided. It is specifically
regulated supervision of the implementation of this Law. Professional supervision and
supervision of the work of the bodies of the municipalities, the municipality of the City of
Skopje or all the city of Skopje are provided. Unless this Law is obeyed, fines are provided so
that children’s protection is at the level they deserve.
The Law contains provisions in which the principles for protection of the right to life and
development or the child, protection of the child’s best interest, providing minimum standard
for every child under the same conditions, exclusion of any form of discrimination, respecting
the right to freedom and safety of the of the personality of free thinking and free expression
are respected.
This Law provides strengthening of the control mechanism in the state and the municipality to
prevent every child abuse and institutional strengthening of the supervision, professional
monitoring and control. Introduction of licensing will directly contribute to increasing quality of
the services offered by the staff in the child institutions. The Law determines the system,

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organization and manner of providing child protection as an activity of public interest.
PRACTICAL LEVEL
CENTERS FOR EARLY CHILD DEVELOPMENT AND EARLY LEARNING
DEVELOPMENT STANDARDS IN CHILDREN FROM 0 -6 YEARS
Unlike Policy level, the implementation of the policies in practice is a sore spot in the
Macedonian society, but it is not new. In fact, having so many policies once and all that being
not well systematized particularly in the field of ECE, no good practical organization of the
system cannot be expected. Fortunately, there are good, light points/initiatives which deserve
great attention and further support by the state so that they do not disappear. The initiation of
a new form of care, upbringing and education of preschool children – Centres for Early Child
Development is to be welcomed. In this regard, Early Learning Development Standards in
children from 0 to 6 years – study on Early Child Development have been set.10
Within that
strategy, a process of opening Centres for early child development by UNICEF in several
municipalities has been initiated. In these Centres children aged between 4 and 5 whose
parents are not able to pay day care in the kindergartens are included. Their parents are willing
to help them be ready for school.
Up to now, more than 20 such centres have been opened throughout the country and they may
be founded the municipality or UNICEF or combined. However, the municipality also may
appear in the role of a founder of a Centre for early child development like the municipalities
Cheshinovo-Obleshevo and Novaci. The foundation of such Centres for Early Child Development
is particularly important to the children and guardians in the municipalities where there is no
possibility of opening a kindergarten
OTHER INITIATIVES
The opening of several small group homes in the cities of the interior of Macedonia by the
Ministry of Labor and Social Policy is to be welcomed; for instance, small group homes for
10
UNICEF , http://www.erisee.org/downloads/2013/2/Standards%20for%20early%20childhood%20education%202009%20MK.pdf
or Ministry of Labor and Social Policy, www.mtsp.gov.mk/WBStorage/Files/ran_detski_razvoj.doc

Page16
mentally and physically challenged children without parents (a kindergarten in Bitola)11
, a small
group home for children at risk in Kavadarci. Even though they include about 10 children, still
they represent important steps in the field of protection of children’s rights and their welfare.
Various projects have been carried out in the last 2-3 years. One of them to be mentioned is the
project called Inclusion of the Children with Special Needs in Regular Schools, which resulted in
inclusion of the children with special needs in 73 regular primary schools and in 13
kindergartens. Ministry of Labour and Social Policy also is implementing institution of several
IPA projects like: "Support for Implementation of the Strategy for Roma"; "Strengthening the
Relevant Stakeholders for Social Inclusion at Local Level"; "Encouragement of Social Inclusion
and Inclusive Labour Market" etc.
2. Laws, Policies, and Strategies
2.1 International
International conventions and protocols signed and ratified by the Republic of Macedonia
The Republic of Macedonia, after gaining its independence, is in constant international
communication, cooperation and gaining membership in the international organizations.
As a member state in most of the international and regional organizations (Organization of the
United Nations – UN and their specialized agencies, Organization for Security and Cooperation
– OSCE, Council of Europe etc) it may be concluded that it has signed and ratified all the leading
international and regional conventions related to the children’s rights.
Pursuant the Constitution of the Republic of Macedonia as the highest legal act12
which
includes the legal influence of the international agreements signed by the Republic of
Macedonia, states that all the international conventions and protocols ratified in accordance
11
Ministry of Labor and Social Policy http://www.mtsp.gov.mk/?ItemID=07F6271FBD879348A49D5C416537B96C
12
http://www.sobranie.mk/?ItemID=A431BEE83F63594B8FE11DA66C97BEAF

Page17
with the Constitution become a part of the internal legal order of Macedonia and may not be
changed by law. 13
Below the conventions that the Republic of Macedonia has signed and ratified and which
directly or indirectly refer to the children’s rights are stated. Several things may be singled out
as characteristic in relation to the key internal documents which Macedonia has signed.
Regarding the Convention on Children’s Rights, the Republic of Macedonia has accessed this
convention through succession and has put a reserve to it. By signing the Optional Protocol to
the Convention on the Children’s Rights which refers to involvement of children in armed
conflicts, the state has made a declaration. More details considering the reserve and the
declaration are stated below in the table.
As for the Third Optional Protocol to the Convention on the Children’s Rights on the Procedure
for Submitting Petitions, it was signed by the state on May 23, 2012 and its ratification has been
expected.
The Republic of Macedonia until now has signed and ratified the following international
instruments in the field of the children’s rights:
13
Constitution of the Republic of Macedonia, 52/91, 01/92, 31/98, 91/2001, 84/2003, 07/2005,03/2009.

Page18
International conventions and protocols on human rights of the UN
Convention/Protocol Signed (S)
Ratified (R)
Succession (Suc)
Reserves
Declarations
Accepted optional documents
International Covenant on
Economic, Social and Cultural Rights
(ICESCR), 1966
R. (Official Gazette of SFRJ-MD
7/1971),
- RM accessed through succession
(18.01.1994), in effect since
17.11.1991
International Covenant on Civil and
Political Rights (ICCPR), 1966
7/1971),
17.11.199
International Convention on the
Elimination of All Forms of Racial
Discrimination (ICERD), 1965
6/1967),
17.11.1991
22.12.1999
- With declaration, the Republic of
Macedonia recognized the competence
of the Committee on the Elimination of
All Forms of Racial Discrimination to
receive and consider communications
from individuals or groups of individuals
within its jurisdiction, with reserves, the
Committee will consider communication,
if it determines that the same thing was
considered under another international
procedure

Page19
Convention against Torture and
Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT),
1984
11/1981),
17.11.1991
The Republic of Macedonia by succession
accepts the competence of the
Committee
against Torture to receive and consider
communications from another state -
party of the Convention on behalf of
individuals under its jurisdiction
Convention on Children’s Rights
(CRC), 1989
15/1990),
17.11.1991
Reserve: "The competent authorities of
the Socialist Federal Republic of
Yugoslavia may, under Article 9,
paragraph 1, of the Convention, decide
to deprive parents of their right to raise
and educate their children without a
court order in accordance with the
internal legislation of SFR Yugoslavia
Optional Protocol to the Convention
on the Rights of the Child on the
involvement of children in armed
conflicts, 2000
S. 17.07.2001
R. 12.01.2004
Declaration
In regard to Article 3, paragraph 2 of
the Optional Protocol, the Republic of
Macedonia declares that the
Macedonian legislation has no
possibilities, neither on mandatory nor
voluntary basis, to direct any person
under 18 years to serve military service,
i.e. there is no possibility to violate the
right to special protection of people
under 18 years of age. (Article 62 of the
Law on Defence of the Republic of
Macedonia)
on the Rights of the Child on the sale
of children, child prostitution and
child pornography 2000
S. 17.07.2001
R. 17.10.2003

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on the Rights of the Child on the
procedure for submitting petitions
S. 23.05.2012
Optional Protocol to the
Political Rights, 1966
Suc. 12.12.1994
Second Optional Protocol to the
Political Rights, aiming at the
abolition of the death penalty, 1989
R. 26.01.1995
Optional Protocol to the CAT,
regarding regular visits by national
and international institutions in
places of detention, 2002
S. 01.09.2006
R. 13.02.2009
Convention on the Rights of people
with Disabilities
S. 30.03.2007
R. 29.12.2011
on the Rights of people with
Disabilities
S. 29.07.2009
R. 29.12.2011
Convention for the Protection of All
Persons from Enforced
Disappearance
S. 6.02.2007
Convention/Protocol Signed (S)
Ratified(R)
Succession (Suc.)
Convention on the Prevention and Punishment of the Crime of Genocide, 1948 Suc. 18.01.1994
Convention against slavery, 1926 Geneva R. 18.01.1994
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others Suc. 18.01.1994

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Convention on the Status of Refugees, 1951 Geneva
Protocol on the Status of Refugees, 1967 New York
18.01.1994
Convention relating to the Status of Stateless Persons, 1954 New York R. 18.01.1994
Rome Statute of the International Criminal Court, 1998 Rome S. 07.10.1998
R. 06.03.2002
United Nations Convention against Transnational Organized Crime, 2000 New York and its protocols against smuggling of
migrants by land, sea and air, as well as prevention, suppression and punishment of trafficking in persons, especially
women and children
S. 12.12.2000
R. 12.01.2005
- Conventions of the International Labor Organization
Convention/Protocol Signed (S) Ratified (R)
Convention concerning Minimum Age for Admission to Employment (No. 138)
1973 Geneva
R. 17.11.1991
Convention Concerning the Prohibition and Immediate Action for
the Elimination of the Worst Forms of Child Labor (No. 182), 1999 Geneva
R. 30.05.2003
- UNESCO Conventions
Convention against Discrimination in Education, 1960 R. 30.04.1997

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- The Hague Conference Conventions on Private International Law
Convention/Protocol Accession (А)
Ratified (R)
Convention on the Civil Aspects of International Child Abduction, 1980 Suc. 20.09.1993
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993 А. 23.12.2008
-Geneva Conventions and other treaties of International humanitarian law
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 1949. R. 01.09.1993
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at
Sea. Geneva, 1949.
R. 01.09.1993
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 1949. R. 01.09.1993
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 1949. R. 01.09.1993
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I), Geneva, 1977.
R. 01.09.1993
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II), Geneva, 1977.
R. 01.09.1993
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their
Destruction, Oslo, 1997.
R. 09.09.1998
Convention on Cluster Munitions, New York, 2008. S. 3.12.2008
R. 8.10.2009

Page23
-Convention on Human Rights of the Council of Europe
Convention for the Protection of Human Rights and Fundamental Freedom (CETS 005) 1950 Rome S. 09.11.1995,
R. 10.04.1997
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 009) 1952 Paris S. 14.06.1996,
R. 10.04.1997
European Social Charter (CETS 035) 1961 Torino S. 05.05.1998,
R. 07.12.2004
European Social Charter - revised(CETS 163) 1996 Strasbourg S. 27.05.2009
R. 29.10.2011
European Convention on the Adoption of Children, and The European Convention on the Recognition and Enforcement
of Decisions Concerning the Custody of Children (CETS 105) 1980
S. 03.04.2001
R. 29.11.2002
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CETS 126) 1987
Strasbourg
S. 14.06.1996,
R. 06.06.1997
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition
of the death penalty (CETS 114) 1983 Strasbourg
S. 14.06.1996,
R. 10.04.1997
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 117) 1984
Strasbourg
S. 14.06.1996,
R. 10.04.1997
Protocol No. 8 to the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 118) 1985 Vienna S. 09.11.1995,
R. 10.04.1997
Additional Protocol to the European Social Charter (CETS 128) 1998 S. 05.05.1998,
Protocol amending the European Social Charter (CETS 142) 1991 Turin S. 05.05.1998,
European Charter for Regional or Minority Languages (CETS 148) 1992 S. 25.07.1996,
Protocol No. 1 to the European Convention for the Prevention of Torture, Inhuman or Degrading Treatment or Treatment
(CETS 151) 1993 Strasbourg
S. 14.06.1996
R. 06.06.1997
Protocol No. 2 to the European Convention for the Prevention of Torture, Inhuman or Degrading Treatment or Treatment
(CETS 152) 1993 Strasbourg
S. 14.06.0996
R. 06.06.1997
Protocol No. 11 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 155)
1994 Strasbourg
S. 09.11.1995
R. 10.04.1997

Page24
Framework Convention for the Protection of National Minorities (CETS 157) 1995 Strasbourg S. 25.07.1996,
R. 10.04.1997
European Convention on the Rights of Children (CETS 160) 1996 Strasbourg S. 03.04.2001
R. 15.01.2003
Additional Protocol to the Convention for the Protection of Human Rights and dignity of the individual in relation to the
application of biology and medicine to ban cloning (ETC 168) 1998 Paris
S. 12.01.1998
R. 01.01.2010
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 177) 2000 Rome S. 04.11.2000
R. 13.07.2004
Additional Protocol to the Convention on Human Rights and Biomedicine concerning the transplantation of organs and
tissues of human origin (CETS 186) 2002 Strasbourg
S. 15.03.2002
R. 27.04.2009
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the death
penalty in all cases (CETS 187) 2002 Vilnius
S. 03.05.2002
R. 13.07.204
Convention of the Council of Europe in the fight against human trafficking (CETS 197) 2005 Warsaw S. 17.11.2005
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201) 2007
Lanzarote
S. 25.10.2007
R. 16.10.2010
Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms amending the control
mechanism of the Convention in 2004
S. 15.09.2004
R. 15.06.2005
Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms 2009 Strasbourg S. 03.09.2009
R. 02.04.2010
Convention of the Council on preventing and combating violence against women and domestic violence (CETS 210) 2011
Istanbul
S. 08.07.2011
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS 108) 1981 S. 24.03.2006
R. 24.03.2006
Additional Protocol to the Convention regarding supervisory authorities and transborder data (CETS 181), 2001 S. 04.01.2008
R. 26.09.2008

Page25
2.2 Regional
According to the available information, in the Republic of Macedonia there are only local
policies referring to improvement and promotion of the children’s rights which are
implemented by the municipalities as units of the local self-government, but not regional
policies or policies referring to a widely organized region.
Namely, the Constitution of the Republic of Macedonia provides the right of the citizens to a
local self-government. This is regulated by the Law on local self-government under which
municipalities are units of the local self-government; the state is territorially divided in 84
municipalities. With the adoption of the aforementioned Law on local self-government, a part
of the jurisdiction of the central authority passed into the jurisdiction of the municipalities.
Thus, among the issues that the units of the local self-government deal with are those of social
and child protection, preschool education, primary education, primary health protection and
other fields determined by law. Therefore, municipalities should be equal carriers of the
undertaken activities for implementation of the Convention on the children’s’ rights thus the
responsibility is shared by the state and local authority.
According to the Law on Self-Government14
, the municipalities and the City of Skopje are
responsible for:
• social protection and child protection
• children without parents or without parental care
• children with educational and social problems
• children with special needs
• children of one-parent families
• street children
• exercising the right to education of preschool children
14
mls.gov.mk/files, Law on Self-Government-Ministry of Local Self-Government (Official Gazette of the Republic of Macedonia, No.
29/1996 and 68/2004)

Page26
Decentralization of preschool education as well as of primary and secondary education which
includes increased autonomy, true professional attitude in terms of the work of the teachers
and other staff thus increased responsibility of quality of education does not mean weakening
of the roles and responsibility of the state (central) educational institutions. On the contrary,
decentralized education will be strong and successful only if there are strong institutions at
central level.
For the purpose of successful achievement of the child protection and improvement of the
status and rights of children in the units of the local self-government, as is already mentioned,
special Local Action Plans are provided to be adopted. The units of the local self-government
with these local action plans are supposed to provide conditions for respecting and exercising
children’s rights. These plans should correlate and represent continuity in the National action
plan for children’s rights adopted by the Government. But the experience says that although it
is the responsibility of all the municipalities to make and implement local action plans, such
plan have only few municipalities in the country. Beside the small number of municipalities
having action plans, the question is how many have a conceptualized budget and specific
indicators to monitor the situations15
considering the fact that the municipalities finance
themselves from their own income sources determined by law and from state funds.
2.3 National – Macedonia & harmonization between laws and policies
According to the Constitution of the Republic of Macedonia16
, fundamental obligation of the
country is to ensure special are and protection of family. The Constitution states that it is also a
right and obligation of the parents to provide feeding and education of children. Children
without parents and parental care are special responsibility of the state. The first paragraph of
the article 42 outlines that: "The Republic of Macedonia particularly protects motherhood,
children and minors."
15
http://www.mtsp.gov.mk/WBStorage/Files/Fakticka%20analiza%20-%20MKD.pdf, Retreived: 08.04.2013
16
Official Gazette No. 52/91,
http://www.sobranie.mk/?ItemID=A431BEE83F63594B8FE11DA66C97BEAF

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As part of the process of the European integration, the legal framework is constantly being
changed. As it is mentioned in the Alternative Report on NGOs on the Children's Rights in 2010,
the situation has not been changed yet. These changes are frequent and fast and being made
without any previous analysis of the situation and determining the actual needs. There is no
established system for monitoring of the implementation of the laws, nor we have information
that analyses are made on the financial implications of the implementation of the law. For
instance, NGOs were not consulted nor included in the process of adoption regarding the new
Law on Child Protection. There is an analysis on the behalf of the NGOs with respect to this Law.
Harmonization of the policies and laws relating to the children’s rights in the
Republic of Macedonia
Regarding harmonization of the laws with the international standards, various partial analyses
of certain laws have been made. A comprehensive analysis of the harmonization of the
Macedonian laws with the international documents has been made. The outcome of it is that a
great part of the Macedonian legislation is in accordance with the international standards, i.e. a
significant number of the articles of the Convention on the Rights of the Child (CRC), also the
other relevant international instruments which properly entered the Macedonian laws.
Sometimes the desire for the legislation to develop quickly leads to situations where there is a
limited time period for giving comments from those who are directly included in the practice, or
application of the laws.17
For the purpose of this research, the following findings from the aforementioned comparative
analysis are outlined:18
Definition of a Child – Terminological coordination of the term child in the overall legislation in
Macedonia for children under 18 years. Exception to this is the criminal legislation where the
terms younger and older minor due to the different criminal and legal status have been kept
17
Ministry of Justice of the Republic of Macedonia (May 2010): Comparative overview of the legislation in the Republic of
Macedonia and Convention on the Rights of the Child
18
Ministry of Justice of the Republic of Macedonia (May 2010): Comparative overview of the legislation in the Republic of
Macedonia and Convention on the Rights of the Child

Page28
Principle of Non-discrimination – revision of the Law on prevention of discrimination in the
reasons of discrimination to be included children as well
The best interest of the child – this principle as one of the fundamental principles on which CRC
is based should be included in all laws related to children’s rights
Quality services provided by services – it is necessary that mechanisms guaranteeing quality
should be established thus providing timely, successful, effective and efficient delivery service
National Commission on the Children’s Rights – it is necessary that this Commission should be
given special sources so that it can independently and impartially monitor and report on the
children’s rights situation in the Republic of Macedonia
Juvenile Justice - including the principle of presumption of innocence and the right to silence in
the Law on Juvenile
Access to legal aid – the state should regulate the fee for legal representation payment in order
to provide access to legal aid for all children
Compensation Fund - Establishment and operation of the Fund for compensation in accordance
with the Juvenile Justice
Quality of the local authorities – it is necessary to strengthen quality of the local authorities in
the part of the effective planning and implementation of the social and child protection
programs
Social assistance – it is necessary to be adapted to the life costs thus to enable decent life for
every child.
The government of the Republic of Macedonia exercises its policy in the field of child protection
and their rights through adoption of a series of policies, strategies, action plans on the one
hand, and laws and bylaws as legally binding on the other hand.
But what is characteristic is that policies do not always have the ultimate goal of protecting the
children’s rights. Likewise, finances for implementation of many action plans are not provided
or those activities are provided to be realized with funds from a related area. This speaks for a

Page29
declarative solution of certain problems, but not for an essential commitment by the country.
For instance, the state has developed a strategy to reduce poverty. There is no doubt that one
of the basic steps in reducing poverty is education of the citizens and inclusion of all children in
schools. There is no doubt that the country takes measures through amendments to the laws
which introduce free mandatory primary and secondary education for all the children in
Macedonia though subsidizing in providing books, transport etc. But in taking these measures
little or no children who have never enrolled in school are included. Their number in the
Republic of Macedonia unofficially is 18.000. This example suggests that the intention of solving
a certain problem should be approached comprehensively and all children should be included,
and especially to help the families of marginalized groups of children. There are many such
partial moves made by the state so that it may be concluded that often the provisions to the
laws which support certain strategy and that creates vacuum between the predicted strategy
and creation of conditions for its implementation. There are situations where some of the
provisions of a law are in collision with the provisions of another law, so citizens/children on
their way to exercising their rights are “victims” of the legal labyrinth. Or an institution refers to
one law relevant for it, and another institution refers to another law and both laws define one
thing in different ways.
Laws are written on theoretical basis without consulting practice which leads to setting certain
provisions and articles inapplicable to practice. For instance, the Law on Juvenile Justice in
defining the terms “child” is inconsistent or various categories are stated depending on the age
and behaviour of the children. But the legislator instead of facilitating the things, they
complicate it thus creating confusion in practice.
Regarding coordination of the legally binding acts and their hierarchy, bylaws must always be in
accordance with the law. If a bylaw is in collision with the law, in that case the law has the
priority in practice since in the hierarchy of the legal acts it is above bylaws.
Regarding the need to adopt new laws, it is more desirable to make amendments to the
existing laws and bylaw as well to create conditions for their complete implementation through
professional training of the personnel who are supposed to implement the laws, through
determining appropriate budget for implementation of the provisions and professionalization
while executing them.
What is concerning for the defenders of children rights is the non-implementation of most of

Page30
the recommendations of the Committee on the Rights of the Child (CRC). In June 2010 The UN
Children's Rights Committee adopted Concluding Observations thus giving their own
recommendations and reaction to the Government of the Republic of Macedonia due to their
failure to fulfil their recommendations with respect to the previous report on the situations
with the children’s rights in Macedonia19
.
The main areas of concern are in the frame 1. General Measures of Implementation, arts. 4, 42
and 44, para. 6 of the Convention:
The Committee notes that some of its concerns and recommendations made upon the
consideration of the State party’s initial report (CRC/C/15/Add.118, 2000) have been
addressed. However, it regrets that many of its concerns and recommendations have been
insufficiently or only partly addressed.
The Committee urges the State party to take all necessary measures to address those
recommendations from the concluding observations of the initial report that have not yet been
implemented, including those related to the review of national legislation for compliance with
the Convention, birth registration, resources available to the centres for social work, and the
integration of children with disabilities into educational and recreational programmes, and to
provide adequate follow-up to the recommendations contained in the present concluding
observations.
Regarding legislation, the Committee is concerned that the national legislation does not fully
comply with the principles and provisions of the Convention and that there is weak
enforcement of legislation.
Likewise, the Committee recommended that the State party ensure that the National
Commission on the Rights of the Child take the lead in planning policies and setting priorities
for the implementation of the Convention.
The Committee also was concerned about the slow implementation of the NPA and that no
specific funds have been earmarked for this purpose, including monitoring and evaluation of
the NPA.
19
UNICEF, http://www.unicef.org/tfyrmacedonia/CRC.C.MKD.ConcludingObesrvaitonsENG.pdf

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Harmonization of laws and policies
Harmonization of laws and policies in Macedonia goes slowly, but it is a fact that it is the only
way for the state to achieve its goal – accessing the EU. That is the reason why in the process of
adopting the laws more attention is paid to them so that they are in accordance with the EU
standards. It is evident in the law on child protection in various segments. For instance, in this
respect is the legal prohibition of any form of discrimination based on race, colour, sex,
language, religion, political or other opinion, national, ethnic or social origin, cultural or other
affiliation, property, disability or other status of the child or their parent or legal guardian. The
law sanctions and penalty provisions are imposed to the violators of these prohibitions. In this
regard is the Directive or the provisions of the Council Directive on the E3 2000/43 relating to
the prohibition of discrimination on grounds of race or ethnic origin as the text of the law
developed in all segments of the rights and forms of protection of children. This harmonization
of the new Law on Child Protection is correlated with the directive 2003/9/EU. The new Law on
Child Protection enables domestic legal or natural person to set up agencies for providing care
services of preschool children. The Law also enables natural persons to performs certain acts in
the activity care and upbringing of preschool children as a professional activity, in the home of
the parents or in their own home.
It is provided that this measure stimulates the unemployed to engage in the system of child
protection through offering a service – children care. There is a legal provision for the ministries
to keep registers as a unique database of legal and natural persons operating within the system
of care, upbringing and education of preschool children and children’s recreation facilities.
The registers will be posted on the portal of the Ministry of Labour and Social Policy and anyone
interested may check if the person has been registered for performing this type on activity
before engaging them or in other words, if they possess valid license to perform certain acts in
the activity. Apart from licensing the professionals and the kindergarten principals, monitoring
children’s and staff’s presence in the kindergartens, the Law also provides an electronic file for
every child containing the whole individual work plan on the basis of the child’s potentials.
Every day, the achievements and difficulties the child faces will be noted, and the parents will
be informed about that at the end of the working week
The amendments to the Law provide introduction of supervision of the kindergartens in order
to determine whether the professional activity of children’s care, upbringing and education is

Page32
performed on the basis of modern scientific and professional methods and achievements for
that particular activity and whether it is organized in the most effective manner.
This analysis, in fact, demonstrates the necessity of adoption of a law on preschool education in
which peace education will be a component part.
Problems (of good policy not being implemented)
In Macedonia, there is a problem of efficient protection of children by the Centres for social
work in a timely termination of the parental right. Namely, it is provided termination of the
parental right according to the Law on Family, article 90 and 91. It is provided that if there is a
danger of abuse of the parental rights or severe neglect, Centres are obliged to take measures
of protection of the child. But this measure usually is taken after the parent has killed or has
raped their child.
Pursuant to the Law on Family, parents have the right and duty to support their minor children,
to take care of their life and health, to prepare them for independent life and work, to take care
of their upbringing, education and professional training. The Centre for social work, as
determined in the Law on family, is obliged to initiate proceedings of termination of parental
rights, when in any way it is determined that there are reasons determined by the law. Once
the Centre determines that there is a danger of abuse of the parental right or a danger of
severe neglect of the parental duties, they are obliged to take measures of protection of the
personality, rights and interests of the child.
It is concerning the fact that centres in most of the cases do not have evidence of the effects of
the imposed measures. The biggest problem in dealing with such cases is not the legal
regulations, but the lack of resources for the centres of social work and the lack of trained
social workers, the lack of shelter for children-victims of violence.
In such circumstances, children are forced to stay with their parents even in cases when they
are beaten and maltreated.
The parental right may, by decision of the court, be returned to the parent when the reason
because of which it was terminated ceases.

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There is neither education nor counselling for responsible parenthood although it is necessary
to be opened. There was premarital counselling until several years ago. A certificate of
attended education with which marriage may be contracted was issued. But it was also
revoked.
2.3.1 Macedonia National Strategies for Children
National action plan on the rights of children in the Republic of Macedonia 20 12-
2015
In 2006, the Government of the Republic of Macedonia adopted the National Action Plan on
the Rights of the Child in the Republic of Macedonia 2006-2015 (NAP)20
, and it revised it for the
period 2012-2015. The revised NAP is based on the previous version taking into consideration
the new information of the former research and assessments of the situation of the children’s
rights in the Republic of Macedonia as well as the existing legal and political frame.
Unlike the previous NAP which looked more like strategy than an action plan, the revised NAP
contains an action plan as well in which the objectives, results and activities are stated in a
certain time frame. What it lacks is a concrete allocation of the tasks; who (which ministry) will
carry out then and what/how big budget will be allocated for it. Rarely, in some places, is the
executor of some part of the action plan only mentioned. The NAP elaborated in this way will
have no further clear picture of what and who will work. There is a great probability for it to
remain only on paper.
NAP contains an introducing part which refers to the Situation of the children in the Republic of
Macedonia, i.e. Dedication of the Government of the Republic of Macedonia to the children,
and then the key priorities, the leading principles, the state policy towards children, the
objectives and the Action Plan are stated. The action plan is dedicated to the realization of the
main objective of NAP: to ensure that the rights of all children are protected and implemented
20 One of the main reason for the revision of NAP are the recommendations and the conclusions by the Committee on the Rights of
the Child of UN after consideration of the second periodic report of the Republic of Macedonia and the initial reports on the Optional
Protocol to the Convention on Sale of Children, Child Prostitution and Child Pornography and on the involvement of children in
armed conflicts. The concluding observations and recommendations were given on June 11, 2010 and with them, the Committee on
the Rights of the Child reminded the state of the need of a range of additional measures to improve the situation of the children in
Macedonia

Page34
by providing strategic interventions for inclusion of the children from vulnerable/marginalized
groups.21
Furthermore in the Action plan, the following objectives are listed:
Civil rights and freedoms. To ensure freedom of thought, expression, identity of children and
their protection from harmful information by creating opportunities and mechanisms.
Family environment and alternative care: To strengthen biological families for child care, to
provide care for children without parental care within the system of social protection and to
strengthen the capacities of the foster families.
Basic health care: To improve health status among children by improved access and quality to
the basic health services and promoting of good nutrition practices.
Child care and education of preschool children: Implementation of activities care and education
of preschool children.
Education: To increase the access to equitable and quality in socially excluded children through
an innovative and comprehensive approach.
Special measures for protection: To ensure protection of all children from abuse, exploitation
and violence through reinforced and comprehensive national child protection system.
The document NAP ends with the part dedicated to the Partnership with a civil society, media
and implementation of NAP.
With respect to the objective Basic health care which is of interest to this research, the
following expected results are listed:
Expected result 1: Decrease in child mortality rate and approximation to the EU average by
2015, in particular by reducing the differences based on the place of residence, financial
condition and ethnicity.
Expected result 2: By 2015, decrease in the number of diseases which can be prevented by
immunization, particularly by reducing the differences in the coverage of a regular program.
21
National Action Plan on the Rights of the Child in the Republic of Macedonia 2012-2015 (NAP) adopted by the Government,
http://www.nkpd.gov.mk/images/Image/NPAPD%202006-2015%281%29.pdf.

Page35
Expected result 3: Reducing the prevalence of child malnutrition, especially in children under 5
and differences based on the places of residence, financial condition and ethnicity.
Expected result 4: Timely detection of metabolic disorders and hearing and visual impairment in
premature children by 2015.
Expected result 5: Universal access to health services for children by 2015.
Expected result 6: Increasing the safety of children by reducing the number of children victims
of violence and injuries by 2015.
A positive change in the revised NAP (for this research) is that in all the activities, improvement
of the access to health care with a focus on removing the differences based on ethnicity,
geographical region and income is stated.
providing equal distribution and availability of the health services for the children in all urban
and rural areas, majority and excluded communities and between the richer and the poorer
communities.
inclusion of children living in exceptionally difficult circumstances, like street children, beggars
with health care through appropriate health services.
advocacy of appropriate support resources in implementation of the Action Plan of the Decade
of Roma particularly in the programs intended for mediators of health in Roma.
In regard to the objective Implementation of the activities child care and education of
preschool children, which is of interest to this research, two expected results are listed:
Improved access to kindergartens and other forms including the preschool children
Quality services for early child development (ECD) for children from 0 to 6 years
In the second expected result, Quality services for early child development (ECD), the priority
emphasizes the establishment of centres for ECD in 10 municipalities a year. The municipalities
belonging to the previously excluded areas (rural areas and areas with a high degree of children
out of school and municipalities with a high number of children from the ethnic minority groups
in special schools) will be a priority. Funds will be provided from various sources (municipality,
donors, private etc.).

Page36
The ECD services will refer to the needs for children’s education as well as support for the
working mothers. The role of the services is to be one of the main places where parents will be
informed. By 2015, the centres for ECD will also provide support to the parents to acquire
parenting skills and early detection in order to intervene in the families and children at risk.
Furthermore in NAP it is said that by 2015 at least one such form of ECD will be offered in 30%
of the municipalities which need it the most (those with the highest rate of children out of
school, unemployed parents, and ethnic minority groups).
The National Commission for the Children’s Rights
The National Commission for the Children’s Rights is a responsible body for implementation of
NAP. In order to increase the credibility of the commission and to enable greater authority in
performing the functions, the Government of the Republic of Macedonia at the meeting held
on September 17, 2007 made a decision to form a National Commission for the Rights of
Children in the Republic of Macedonia (NCRC). The purpose of NCRC is to monitor the situation
with the children’s rights in the Republic of Macedonia, implementation of NAP, the Convention
on the Rights of the Child of UN and the protocols. At the request of the Government of the
Republic of Macedonia, NCRC prepares materials for thematic sessions dedicated to the
progress in the areas referring to the rights of the children, proposes annual priorities in
accordance with NAP and monitors the implementation of the yearly priorities for the
children’s rights adopted by the Government of the Republic of Macedonia.
The Secretary General of the Government of the Republic of Macedonia was the president of
NCRC to 2011. From 2011 until now, the Minister of Labour and Social Policy, Spiro Ristovski,
has been the president. The members of NCRC are appointed by the Government from: the
Ministry of Interior, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of
Finance, the Ministry of Health, the Ministry of Education, the Ministry of Labour and Social
policy, the Ministry of Culture, the Agency of Youth and Sport, the State Statistical Office, the
General Secretariat and the Secretariat for European Affairs. In the work of NCRC, a
representative of the Ombudsman of the Republic of Macedonia who is in charge of the
children’s rights participates, then representatives of UNICEF and civil associations: the First
Children’s Embassy in the World Megjashi (FCEWM) and the Children’s Parliament of
Macedonia (CPM).
In the work of NCRC, representatives of the decentralized authorities are not included although

Page37
a large part of the obligations are related to the activities of the municipalities. In the National
Commission children do not participate even though the Convention on the Rights of the Child
clearly states that children should be included in politics which are of their interest and in the
same processes of decision making thus respecting the principle of children’s participation.
It is symptomatic that the Commission for the Rights of the Child at the same time takes on the
role of a creator, an executor and an observer of NAP. The question poses itself: how can it
simultaneously perform all the three roles and be objective? Then, if it has the role, according
to which system the monitoring and evaluation of NAP will be performed?
Reports on the implementation of NAP are sent and finished in the Government and only to the
members of NCRC although the Commission is required to submit to the Government an annual
report on the implementation of the National Plan of Action for Children’s Rights. It should be
visible and posted on the website of NCRC and widely distributed or advertised in the media.
Reports of the implementation of this action plan are public and they should be published on
the website of the National Commission for the rights of children in the Republic of Macedonia
www.nkpd.gov.mk. That is one of the reasons why the public is not familiar with NAP and
NCRC. It is problematic that for the existence of NAP are not familiar a large number of
employees in the ministries, except for the people in charge of the implementation of NAP, i.e.
the people members of NCRC (one person from each ministry which has a member in NCRC).
The last report on the work of the Commission on their website is from 2010. See on
http://www.nkpd.gov.mk.
In NAP (part 5 Implementation) it is quite clearly pointed out that the Ministries regularly and
quarterly and at least once a year should submit reports on the progress in the fulfilment of the
objectives and tasks of this action plan to the National Commission for the rights of children. On
the same website www.nkpd.gov.mk which, in fact, is an only source for information about NAP
in the country, the revised NAP has not been posted yet, but the former version of NAP is there
(2005-2015).
The responsibility for implementation of this action plan is borne by the ministries which the
activities of NAP they include in their annual work plans and allocate adequate financial and
human resources for their implementation. In the last Alternative report of NGOs on the rights
of children, one of the remarks is that NCRC has a small budget and that suggests that the
funds, in fact, are not sufficient to achieve some of the effects which NCRC is supposed to fulfil.

Page38
If necessary, the National Commission for the Rights of the Child in the Republic of Macedonia
can ask further information from the ministries of the progress in the implementation of the
activities and objectives of this action plan out of the regular reporting cycle.
Upon recommendation of the Macedonian National Coalition on the Rights of the Child
(MNCRC)22
within the frame of the Alternative Report on the Rights of the Child was asked
enlargement of tis commission with participation of various civic organizations. The Committee
on the Rights of the Child of UN accepted these recommendations and in their report and
recommendations to the Government of the Republic of Macedonia asked the number of the
NGO members of NCRC to be enlarged. The Commission accepted the recommendations to
enlarge the NCRC and announced a competition on the basis of certain criteria for participation
in the Commission. In that way, the number of the NGO members of NCRC increased from 2 to
4 NGOs. Another progress in NCRC is the right to decide which the NGO members of NCRC
gained. This will be helpful in the monitoring by the civic organizations in the work of NCRC and
in the implementation of the National Action Plan on the Rights of the Child in the Republic of
Macedonia 2006-2015 (NAP). The First Children’s Embassy in the World Megjashi also asked,
and the president of the Commission accepted the proposal, this Commission to submit an
annual report to the Government of the Republic of Macedonia in line with the implementation
in practice of the recommendations which the Committee on the rights of children submitted
to the Government of the Republic of Macedonia.23
NAP is a strategic document on the children’s rights at national level, but several action plans
on the rights of the child at local level were made, in some municipalities: Bitola, Veles,
Gostivar, Kochani, Radvish, Saraj, Strumica, Tetovo, Chair and Shtip. By the Centre for Human
Rights and Conflict Resolution and with the support of UNICEF, in 2009 a manual was made for
the work of the commissions on the rights of the child formed in the units of the local self-
government (where they exist) i.e. for all those within the municipal council dealing with issues
related to children.24
22
The Macedonian Coalition of NGOs on the rights of children was formed on November 13, on the initiative of the First Children’s
Embassy in the World Megjashi where there is still its Secretariat.
23
http://www.childrensembassy.org.mk/2010-ns_article-preporaki-na-komitetot-za-pravata-na-deteto-dostaveni-do-vladata-na-
republika-makedonija-po-osnov-vt.nspx
24
http://www.unicef.org/tfyrmacedonia/Decata_i_opstinite_MK_FINAL_za_na_WEB_05.pdf
Shtip http://www.stip.gov.mk/index.php/mk/lokalen-ekonomski-razvoj/akcioni-planovi

Page39
The aim of this manual is to help the municipalities create their own action plans and to
implement them. Unfortunately, like in many other areas, the implementation fails. The results
of the mapping demonstrate that NAP is not known enough or not known at all to a greater
number of institutions at local level.
2.3.2 Legal regulations mechanisms that link the laws and regulations with regard to
punishment of those who do not apply them or break them
The laws provide violation and criminal provisions in order to punish even officials who will
break the law and natural and legal persons. But practice demonstrates that there is a selective
approach regarding punishment. It is difficult to locate the responsibility of the employees in
the state institutions because in certain cases they shift the responsibility from one to another
institutions thus to prevent locating the responsibility.
Rarely legal procedure towards an official for abuse of duty is initiated, and in case it is initiated,
it is difficult to prove their guilt which is the basis for determining their responsibility and
sanctioning.
Penalties for violations of the laws of certain offenses or crimes are too high and often citizens
and legal persons are punished.
2.3.3 Reconciliation and peace-building in ECED in Macedonia
In Macedonia, the activities/projects related to reconciliation and peace building are seldom
organized and only by NGOs. But the effects of some of those projects have been integrated in
the new program documents developed by the Ministry of Education, i.e. the Bureau of
Education Development, i.e. National Strategy for Integrated Education.
In Macedonia, until recently there were over 11,000 NGOs most of them registered in Skopje.
But only part of them pre-registered according to the new Law on civil organizations25
, the
25
Official Gazette of the Republic of Macedonia, 16.04.2010,
http://www.slvesnik.com.mk/Issues/623772ADC92FEE42A1DB496E1E190648.pdf

Page40
unofficial number of pre-registered NGOs is only 3506. They operate in different spheres, but
the overall remark is that they lack capacity and professional experience to influence policy and
decision-making at social level in the Republic of Macedonia.
In most of the cases of the work of the NGOs, what is missing is reporting and information as
well as cooperation networks or database for the relevant programs, activities or kinds of
contents they work on. The international organizations as well as the bigger Macedonian NGOs
due to their structure and bigger resources inform the public and/or they leave written traces
of the implemented activities more that the smaller organizations.
The problem arises because often the grass root activism itself is the leader of the
reconciliation; hence there is need of more information for these issues from the organizations
with fewer resources and resistance towards documenting their own work.
In the field of peace building, the situation is even more complicated since a small number of
organizations define peace building as their close field of work. Often it happens for them to
call or introduce the peace content they work under other names. Likewise, peace content is to
be found as complementary content which complement thematic units as communication,
team work, conflict resolution etc.
At state level, there is no strategy for peace building, nor issues related to this to be publically
discussed. A society divided according to various criteria lives its parallel lives often resolving
the interethnic tensions with additional segregation as studying in different schools, shifts
hoping that unless the young meet there will be no clashes.
In the work with preschool children, the case with Mozaik kindergartens is rare. There, the
problem of segregation in the school system has systematically been addressed.
Search for Common Ground (SFCG) was established in 1982 and since then has actively worked
on conflict transformation and strengthening the societies’ capacity to deal with conflict
constructively. In this sense, in 1998 SFCG has launched the Mozaik initiative in the Macedonian
kindergartens and since then more than 850 children have passed through the Mozaik
kindergartens in nine municipalities26
. In Macedonia, which is severely hit by inter-ethnic
tensions, hatred and segregation, working with young people from an early age is crucial in
26
Retrieved from http://www.sfcg.org/programmes/macedonia/mozaik.html.

Page41
order to avoid the creation of prejudice and to support children in developing early
understanding, tolerance and cultural sensitivity.
Mozaik is a unique model of bilingual and multicultural pre-schooling in public kindergartens,
bringing together children from Albanian, Turkish, Serbian and ethnic Macedonian
communities. Education in Macedonia is highly segregated based on ethno-linguistic criteria.
Because children from the country’s various communities commonly attend separate
classrooms, from kindergarten through high school - and even at university - most children
rarely come into contact with peers from other communities. Mozaik preschool groups are the
only example in Macedonia of bilingual, multicultural education at any level. The Mozaik
initiative began in 1998 with implementation in public kindergartens. Mozaik teachers were
carefully selected and provided with an eight-month intensive teacher’s training and host
kindergartens were furnished with all necessary materials and equipment.
Goals
Socialize children at an early age to be free from prejudice and have respect for the diversity of
cultures within Macedonia.
Help different ethnic communities to collaborate and communicate with each other.
This project demonstrates a positive model of multi-ethnic/bilingual education for education
authorities, communities, parents and children throughout Macedonia. Targeting the
kindergarten level is a strategic approach given the structural and political barriers within the
Macedonian education system.
It is SFCG’s longest continually-funded program. Teaching young children to be free of prejudice
has also influenced kindergarten staff, their family members and education authorities,
reaching over 2000 beneficiaries and engendering wider changes in attitudes across society.
Children attending Mozaik groups have shown high levels of tolerance towards the opinions,
needs and acts of other children, regardless of their ethnic background.
Most children express a high level of sensitivity toward others in conflict situations. Children
demonstrated problem-solving skills and repeatedly acted to mediate conflict between their
peers.

Macedonia PRECEDE Situation report 31 05 2013

Macedonia PRECEDE Situation report 31 05 2013

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Macedonia PRECEDE Situation report 31 05 2013