Last edited: February 12, 2005


  • Statute: None.


From the ILGA World Survey

Under the Penal Code of 30 June 1959, sex between men was illegal in all of the former Yugoslavia. During the first half of the 1970's the power over penal legislation was devolved from the Federal Republic to the eight states and provinces. Macedonia chose to retain the ban, with Section 101.2 of the criminal law, effective from 1977, making male homosexual conduct ("unnatural debauchery") illegal and subject to a penalty of up to one year's imprisonment. There were no references to lesbian relationships. ("Rosa Liebe unterm roten Stern")

"In reply to an inquiry of HOSI Wien, deputy secretary-general of the Council of Europe, Peter Leuprecht, informed that, in November 1995, at the time of the admission of Macedonia to the Council of Europe, the country’s government undertook inter alia to adopt a new criminal code within one year. The Council of Europe has been informed that the preparations are well under way. Draft bills have been presented and the CoE’s Directorate of Legal Affairs is ready to advise the Government in Skopje as soon as the texts are available in English. The new criminal code should meet European standards and, therefore, is expected not to criminalise consensual adult homosexual relationships anymore. Macedonia has prepared - in line with commitments entered on the occasion of her admission to the Council of Europe - a new penal code which does not provide for a total ban on homosexuality any longer. " (Kurt Krickler - ILGA Euroletter 41, April 1996)

In a letter to HOSI-Wien dated 11 Sept 1997 the Council of Europe confirmed that "as far as the new articles 187 - 195 of the present FYROM Penal Code are concerned, "that the provisions on sexual offences do not distinguish between homosexual and heterosexual acts, thus being in accordance with recent legislation in most members states of the Council of Europe". 

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