19 Sep North Macedonia Rejects UN Member States’ Recommendations for Protecting the Human Rights of LGBTIQ People
Skopje, 19 September 2024
We are deeply concerned about the recent outcomes of the 4th cycle of the Universal Periodic Review for our country. While we acknowledge that some recommendations were supported, we are concerned that key recommendations specifically calling for concrete actions, rather than just declarative statements, for the protection and inclusion of LGBTIQ individuals have been rejected.
It is especially concerning that the recommendations from Iceland and Belgium for including a comprehensive definition of hate speech in the Criminal Code, explicitly recognizing sexual orientation and gender identity as protected categories, were rejected by the state. Although we welcome the support for recommendations from the United States and Uruguay to strengthen the enforcement of laws against gender-based violence and discrimination, we believe these efforts will be insufficient without the explicit recognition of hate speech in domestic legislation.
The state also rejected the recommendations from Germany, Iceland, and the Kingdom of the Netherlands for introducing a fast, transparent, and accessible procedure for legal gender recognition based on self-determination. Not only does this decision by the government fail to address the barriers faced by transgender people in accessing protection, but it also contradicts the 2019 judgment by the European Court of Human Rights in the case of X v. North Macedonia, which requires the state to provide a procedure for legal gender recognition
Although some recommendations calling for the urgent adoption of the Gender Equality Law were supported, it is concerning that the state rejected Germany’s recommendation, which explicitly called for this law to align with the European Union and United Nations standards.
Additionally, the UN Committee Against Torture recently urged the state to take effective measures for the prompt, effective and impartial handling of violence based on sexual orientation or gender identity. The Committee also called for including a hate speech definition in the Criminal Code. Furthermore, the Committee expressed concern about the increased risks faced by LGBTIQ prisoners, noting that the lack of progress in assessing these risks complicates the prevention of inter-prisoner violence.
We call on the Government of North Macedonia to respect and implement the recommendations from member-states and expert bodies of the United Nations, align domestic policies with international human rights standards, and ensure that all individuals, regardless of their sexual orientation or gender identity, have equal rights and protection.
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* The Universal Periodic Review is a unique mechanism within the United Nations where member states monitor and assess each other’s progress in respecting human rights, with the goal of identifying weaknesses and advancing the rights of all citizens.
** The Committee Against Torture is a UN Treaty Body that monitors and evaluates the implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, providing expert recommendations to protect the rights of prisoners and other vulnerable groups.
*** The European Court of Human Rights is an international court of the Council of Europe that interprets the European Convention on Human Rights and rules on complaints about alleged violations of human rights by member states, as established in the convention or its additional protocols.