1.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 Page1 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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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 Page2 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 3. 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 Page3 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 childrens rights analysis approach, there must be constant evidence that at the states 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 4. 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 Page4 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. Lets 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 childrens 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 5. 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 Page5 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 Childrens 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 6. 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 Page6 multicultural young democracy2 . In the past decade Macedonias 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 territorys 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/ 7. 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 Page7 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 OSCEs 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 8. 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 Page8 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 Governments 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 childrens 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 9. 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 Page9 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 10. 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 Page10 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 11. 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 Page11 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 childrens 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 12. 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 Page12 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 childrens 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. 13. 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 Page13 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 childrens 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 14. 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 Page14 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 childrens 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 childs 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, 15. 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 Page15 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 16. 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 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 childrens 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 childrens 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 17. 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 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 childrens 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 Childrens 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 Childrens 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 Childrens 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 childrens rights: 13 Constitution of the Republic of Macedonia, 52/91, 01/92, 31/98, 91/2001, 84/2003, 07/2005,03/2009. 18. 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 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 R. (Official Gazette of SFRJ-MD 7/1971), - RM accessed through succession (18.01.1994), in effect since 17.11.199 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 R. (Official Gazette of SFRJ-MD 6/1967), - RM accessed through succession (18.01.1994), in effect since 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 19. 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 Page19 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984 R. (Official Gazette of SFRJ-MD 11/1981), - RM accessed through succession (02.12.1994), in effect since 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 Childrens Rights (CRC), 1989 R. (Official Gazette of SFRJ-MD 15/1990), - RM accessed through succession (02.12.1993), in effect since 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) Optional Protocol to the Convention 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 20. 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 Page20 Optional Protocol to the Convention on the Rights of the Child on the procedure for submitting petitions S. 23.05.2012 Optional Protocol to the International Covenant on Civil and Political Rights, 1966 Suc. 12.12.1994 Second Optional Protocol to the International Covenant on Civil and 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 Optional Protocol to the Convention 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 21. 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 Page21 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/Protocol Signed (S) Ratified (R) Convention against Discrimination in Education, 1960 R. 30.04.1997 22. 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 Page22 - The Hague Conference Conventions on Private International Law Convention/Protocol Accession () 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 . 23.12.2008 -Geneva Conventions and other treaties of International humanitarian law Convention/Protocol Signed (S) Ratified (R) 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 23. 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 Page23 -Convention on Human Rights of the Council of Europe Convention/Protocol Signed (S) Ratified (R) 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 24. 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 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 25. 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 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 childrens 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 childrens 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) 26. 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 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 childrens rights. These plans should correlate and represent continuity in the National action plan for childrens 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 27. 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 Page27 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 childrens 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 28. 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 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 childrens 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 Childrens Rights it is necessary that this Commission should be given special sources so that it can independently and impartially monitor and report on the childrens 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 childrens 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 29. 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 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 30. 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 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 childrens 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 partys 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 31. 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 Page31 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 childrens 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 childrens and staffs 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 childs 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 childrens care, upbringing and education is 32. 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 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. 33. 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 Page33 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 childrens 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 34. 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 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. 35. 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 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.). 36. 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 Page36 The ECD services will refer to the needs for childrens 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 Childrens Rights The National Commission for the Childrens 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 childrens 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 childrens 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 childrens rights participates, then representatives of UNICEF and civil associations: the First Childrens Embassy in the World Megjashi (FCEWM) and the Childrens Parliament of Macedonia (CPM). In the work of NCRC, representatives of the decentralized authorities are not included although 37. 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 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 childrens 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 Childrens 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. 38. 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 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 Mac