UN Human Rights Committee Finds North Macedonia Guilty of Discrimination Against Roma Citizens

Strategic Insights -

The European Roma Rights Centre (ERRC) has welcomed a landmark opinion by the United Nations Human Rights Committee (HRC), which found that North Macedonia violated the rights of two Romani citizens who were unlawfully prevented from leaving the country in 2014 and 2015. The Committee held that North Macedonia discriminated against Senija Kjazimova and Alajdin Abdulovski at the Tabanovce border crossing, singling them out for being Roma while allowing non-Roma passengers to travel without hindrance. This decision highlights a broader pattern of ethnic profiling at North Macedonia's borders, where Roma were disproportionately stopped and prevented from leaving the country.

Key Takeaways:

  • The UN Human Rights Committee found that North Macedonia discriminated against Senija Kjazimova and Alajdin Abdulovski at the Tabanovce border crossing in 2015 and 2014, respectively, by denying them exit despite valid passports and documentation.
  • The Committee found violations of Article 12(2) ICCPR (the right to leave one's own country) and Article 26 ICCPR (non-discrimination) in Ms. Kjazimova's case.
  • Mr. Abdulovski's case resulted in a violation of Article 26 ICCPR (non-discrimination).
  • The Committee ordered North Macedonia to provide adequate compensation and full reparation to the victims, take systemic measures to prevent similar violations, publish and disseminate the decision, and report back within 180 days.
  • Between 2011 and 2015, the ERRC documented 145 cases involving 442 Roma (322 adults and 120 children) who were denied permission to exit North Macedonia.
  • The ERRC carried out border testing operations, sending Romani and non-Romani testers with identical documents and resources to attempt crossings, with Romeo testers being systematically singled out, interrogated, and often prevented from travelling.
  • The ruling comes after years of advocacy and litigation, building on a growing body of international case law, including the 2023 Memedova and Others v. North Macedonia judgment by the European Court of Human Rights.

Statistics:

  • 145 cases of Roma denied permission to exit North Macedonia between 2011 and 2015.
  • 442 Roma (322 adults and 120 children) denied permission to exit North Macedonia.
  • 180 days given to North Macedonia to report back on steps taken to comply with the Committee's orders.

Sources:

  • European Roma Rights Centre (ERRC)
  • United Nations Human Rights Committee (HRC)
  • European Court of Human Rights (2023 Memedova and Others v. North Macedonia judgment)