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North Macedonia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Property Restitution

The government has laws and mechanisms in place for citizens of the country. The government has no specific laws or mechanisms in place related to the resolution of Holocaust-era claims by foreign citizens, but they may still seek property restitution via civil proceedings. The government made significant progress on resolution of Holocaust-era restitution claims for citizens of the country, particularly after the 2000 Denationalization Law and the 2007 compensation agreement.

In 2000 the Denationalization Law accorded the right to denationalization of property seized after August 1944 to former owners and their successors, in accordance with the provisions related to the right to inherit. It required claimants to have citizenship of the country at the time of the law entering into force.

Advocacy groups reported some foreign citizens, not covered by the 2000 law, still sought restitution. A report of the Skopje-based Institute of Human Rights covering the first half of the year found that 1,057 denationalization cases were still pending with the Administrative Court, another 101 with the High Administrative Court, and more than 3,000 others in other courts throughout the country. Foreign citizens may apply for restitution in civil proceedings. The country is party to the 2009 Terezin Declaration. For additional information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

The Islamic Community of North Macedonia (ICM) continued to claim the government used a “selective justice” approach and that it failed to provide appropriate and timely restitution for property seized during the period of the Socialist Federal Republic of Yugoslavia. Among the disputed property is the Husamedin Pasha Mosque in Shtip that was nationalized in 1955. The ICM claimed the government prevented the ICM from regaining rightful ownership of the mosque complex.

In May the Anticorruption Commission demanded the Constitutional Court look into Article 64 of the Denationalization Law after the Ministry of Transport and Communications sold property in Skopje that had been the subject of a denationalization process since 2003.

As of mid-August, the ombudsman received 14 complaints concerning denationalization of property seized by the Socialist Federal Republic of Yugoslavia, compared with 36 in 2019. As of August 17, the ombudsman dismissed two complaints as inadmissible and five as unfounded. One complaint was successfully resolved after the ombudsman’s intervention, while the remaining six were pending further review. The ombudsman noted there are major difficulties and procedural oversights in denationalization cases and said he received citizen complaints about unjustified delays and court inefficiencies in clearing a backlog of property-related cases. This situation persists even though the 2000 Denationalization Law stipulates the denationalization procedure is urgent in nature. The Ombudsman’s Office continued to improve its collaboration with the Ministry of Finance’s denationalization commissions.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future