Schism in the Macedonian Orthodox Church

From Helsinki Committee for Human Rights Watch

The schism in the Macedonian Orthodox Church. - July 2002

- In July, the events involving bishop Jovan, former head of the Velesko-povardarska parish, continued. On his demand, he was accepted on a colloquy in the Helsinki Committee, whereby he complained on violation of his citizen's rights. Namely, he claims that on July 6, upon the dash into the building of the Velesko-povardarska parish by members of the Macedonian Orthodox Church, the police assisted in an illegal manner, because they: a) did not want to legitimate themselves; b) did not submit any court warrant; c) did not put on record evidence of the entrance and the search; d) treated bishop Jovan and the other persons in the object with disrespect using insults; e) did not allow the preachers to take along their personal belongings, and when this was permitted a few days later they f) noticed the missing of a number of valuable objects, as well as a larger amount of money.

On July 20, bishop Jovan was evicted from the "St. George" monastery in Negotino. This time the eviction was carried out by enraged citizens using forceful methods, while the police, even though present on the place of the event, did not undertake any countermeasures.

Due to these reasons, the Helsinki Committee appealed to the Ministry of Interior and asked for a verification of the information and an eventual explanation for the actions that have been undertaken, or not for the same manner. The Ministry, in its reply, emphasizes that the case has been treated as an "assistance, i.e. a legitimate entrance of the rightful owners..." and a "return of the disturbed possession of the building...". Furthermore, treating this case as a " disturbance of public order and peace", the Ministry did not require the need of a court warrant.

The Helsinki Committee neither desires, nor has the mandate to interfere in the inner affairs and problems of the Macedonian Orthodox Church. However, the Committee is concerned that the state and its organs, and especially the Commission for Relations with the Religious Communities and the Ministry of Interior, act in compliance with the rule of the law and respect the Constitution, the laws and the ratified agreements regarding the respect for human rights and freedoms. Stemming from here, we cannot agree to the qualifications presented to us by the Interior Ministry. Namely, the concept of disturbed possession is a part of the courts' authority in Macedonia, and thus the involvement of the competent court was essential, furthermore so, since, as the Ministry agrees in its letter, bishop Jovan was living there at the time, i.e. his home was in the church premises. The Committee once again appeals for a consistent and unbiased standing of the police.

Helsinki Committee for Human Rights Watch

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Background of Macedonia - June 2003

Non-transparency of the Parliament of the Republic of Macedonia

 On 24 June 2003, the Parliament of the Republic of Macedonia adopted a Decision for amendment of the Constitution of the Republic of Macedonia. The Decision consisted of only two articles: "1) the Constitution of the Republic of Macedonia is hereby amended; 2) this Decision shall enter into force immediately and shall be published in the Official Gazette of the Republic of Macedonia."

By this purely formal decision for amendment of the Constitution of the Republic of Macedonia, which does not explain which parts of the Constitution are to be amended, the Parliament of the Republic of Macedonia violates the principle of transparency of its work. By not publishing the key elements of the proposal for constitutional amendments - the identification of the amendments and additions to the Constitution and the explanation of the grounds upon which the amendments and additions to the Constitution are proposed (in accordance with Article 200 of the Parliament Rules of Procedure)- the Decision is undefined and its publication in the Official Gazette pointless. In addition, such a blank Decision practically facilitates institution of a procedure for amendments of any Article of the Constitution or even of the entire Constitution, without any explanation of the grounds.

The Helsinki Committee would like to warn of the possibility of secret legislators as a consequence of the violation of the principle of transparency by the Parliament of the Republic of Macedonia, which becomes a practice. The public must be informed about all initiatives and proposals for adoption of laws, for amendments and additions to laws which unfortunately for now remain only within the Parliamentary minutes, and which could be very easily put on the Parliament web site on which the PR Department publishes only bare data.