The Constitutional Court of North Macedonia has ruled that public sector hiring based on ethnic quotas is unconstitutional. The court’s president explained that the “Ethnic Balancer,” a mechanism intended to ensure fair representation of ethnic communities in state administration, infringes upon constitutional rights related to freedom of expression of national affiliation and employment non-discrimination. He dismissed any claims that the court’s ruling could create tensions, emphasizing that it is up to Parliament to devise a constitutional approach to ensure ethnic balance in public administration. “Politicians should not ethnicize and politicize the decisions of the Constitutional Court,” he stated. The decision, which was reached by majority vote in a secret ballot, does not have retroactive implications.

Why is this significant: The decision could fuel inter-ethnic tensions in North Macedonia, where relations between the ethnic Macedonian majority and the ethnic Albanian community, which comprises about 30% of the population, remain shaky.

Context: The legal provisions on ethnic quotas in the public sector were introduced as part of the Ohrid Framework Agreement, which ended an armed conflict with ethnic Albanian militants in 2001. It aims to ensure equitable representation of ethnic communities. 

The ruling VMRO-DPMNE party has claimed that the mechanism has been misused, leading to an overstaffed public sector filled with party clients. The party is in favour of new legal provisions to ensure equitable representation while preventing abuse. However, no alternative provisions have been proposed yet. The grouping of Albanian political parties in the Government, VLEN, has promised that the “Balancer” mechanism will be replaced by a new law, which will also determine employment according to ethnicity.

The Democratic Union for Integration (BDI), which is the main Albanian party in the opposition, has stated that the decision of the Constitutional Court to cancel the “Balancer” is only the beginning of the collapse of inter-ethnic relations. “This decision is a serious blow to the Ohrid Agreement, to the Constitution and to the multi-ethnic stability of our country “, said BDI’s spokesperson.