North Macedonia / Commission on Prevention and Protection Against Discrimination / 08-141/1

Country

North Macedonia

Title

North Macedonia / Commission on Prevention and Protection Against Discrimination / 08-141/1

View full case

Year

2023

Decision/ruling/judgment date

Wednesday, February 01, 2023

Incident(s) concerned/related

Hate speech: Public incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

Commission on Prevention and Protection Against Discrimination

Key facts of the case

A complaint was filed with the Commission for Prevention and Protection against Discrimination against a council member of the Levica party in the Municipality of Centar. The complainant who was proposed for a management committee, alleged multiple instances of harassment based on ethnicity, religion, and belief. The complaint stemmed from statements made during a municipal council meeting on 28.09.2022 and a Facebook post on 27.09.2022, where the council member accused the complainant of "financing radical Islam and having family ties to criminal activities". This contributed to the end-result of the selection process where the complainant did not get the job.

Main reasoning/argumentation

The Commission for Prevention and Protection against Discrimination determined that the council member of Levica violated anti-discrimination principles by making statements and a Facebook post that constituted harassment based on ethnicity, religion, and belief. Citing Article 10(1) of the Law on Prevention and Protection against Discrimination, which defines harassment as any unwanted conduct creating a hostile or degrading environment, the Commission ruled that the statements caused repeated and multiple discrimination. It found that the council member abused freedom of expression against social peace, tolerance, and human rights, violating anti-discrimination norms.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The Commission addressed issues such as harassment and discrimination under Article 10(1) of the Law on Prevention and Protection against Discrimination, the abuse of freedom of expression, and the repeated and multiple discrimination as an aggravated form of discrimination. It interpreted harassment broadly, ruling that public statements and social media posts could create a hostile and degrading environment. The case reinforced the balance between free speech and anti-discrimination norms, emphasizing that political discourse must not undermine social peace, tolerance, or human dignity based on ethnicity or religion.

Results (sanctions, outcome) and key consequences or implications of the case

The council member was recommended to remove the offensive Facebook content within 30 days, issue a written apology to the complainant, and avoid similar discriminatory expressions in the future. Failure to comply would result in the Commission initiating misdemeanor proceedings under Article 27(4) of the Law on Prevention and Protection against Discrimination.

Key quotation in original language and its unofficial translation into English with reference details

„Советничката на партијата Левица ја злоупотребила слободата на изразување спротивно на нејзината вистинска цел, со тоа што извршија дејствија спротивни на начелата на дискриминација, толеранција, социјален мир, соживот на припадниците на општеството...“ "The council member of the Levica party abused the freedom of expression contrary to its true purpose by engaging in actions that violate the principles of non-discrimination, tolerance, social peace, and coexistence among members of society…"

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.