Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - North Macedonia (Ratification: 1991)

Sexual harassment. In the absence of a reply in the Government’s report on this matter, the Committee requests, once again, the Government to provide information on any relevant judicial or administrative decisions that apply section 9 of the Labour Relations Law prohibiting sexual harassment. Please also provide information on any awareness-raising activities undertaken at the national or local levels on sexual harassment, in cooperation with employers’ and workers’ organizations, as well as on any practical measures taken by employers to prevent and eliminate sexual harassment at the workplace.

Article 1(2) of the Convention. Inherent requirements of a particular job. The Committee notes the Government’s indication that the exceptions made pursuant to section 8 of the Labour Relations Law to the general prohibition of discrimination shall always be justified and their application restricted. The Government further indicates that, to its knowledge, there is no current procedure under section 8 of the Law. The Committee notes that section 14 of the Law on Prevention and Protection against Discrimination also provides for exceptions to the prohibition of discrimination “when the said characteristics, by the nature of the particular occupation or activity, or of the conditions in which it is carried, constitute a genuine and determining requirement, when the objective is lawful and the requirement does not exceed the necessary level for its achievement”. The Committee requests the Government to provide information on the practical application of section 8 of the Labour Relations Law and section 14 of the Law on Prevention and Protection against Discrimination, including examples of occupations concerned as well as any interpretations given by the courts to the requirements established by both laws.

Article 1(3). Definition of employment and occupation. Further to its previous request on the scope of application of the prohibition of discrimination based on grounds other than sex, the Committee understands from the Government’s report that such prohibition covers all aspects of employment and occupation, including access to employment and particular occupations and to access vocational training. Noting that the Law on Prevention and Protection against Discrimination applies, inter alia, with respect to “work and labour relations” as well as “education” (section 4(1) and (2)), the Committee would be grateful if the Government would confirm that such formulation covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2. Promotion of equality of opportunity and treatment between men and women. In its previous comments, the Committee had noted the various initiatives taken by the Government to promote equality of treatment and opportunity between men and women in the labour market, including with respect to Roma women and women from other minorities, such as Albanian women. The Committee notes from the Government’s report that a number of activities aimed at overcoming stereotypes and prejudices regarding the role of women in the society and the different forms of discrimination faced by women. The Committee requests the Government to continue to provide information on the measures taken to implement the National Action Plan for Gender Equality and their results in terms of the participation of women in the labour market, by economic sector, including women from minorities.

Equality of opportunity and treatment in employment and occupation, including education and training, without distinction based on race, colour and national extraction. The Committee notes that the report on the Former Yugoslav Republic of Macedonia (fourth monitoring cycle) published on 15 June 2010 by the European Commission against Racism and Intolerance (ECRI), indicates that few tangible measures have been taken to implement the National Action Plan for Roma Employment, the General Employment Plan, which includes, since 2009, a special programme for Roma, as well as the Self Employment Programme, due to a lack of resources. It further notes that, according to the ECRI, “there is no reason to consider that the employment situation of Roma has improved” since 2005, and that many of the Roma with work are employed in the informal economy, for low wages and without the protection of labour law and the coverage of social security (CRI(2010)19, paragraph 52). With respect to education and training of Roma children, the Committee notes that the ECRI also points out that “there are strong divisions along ethnic lines in the school system” and that “the high drop-out rate and absenteeism among Roma children is extremely worrying, as is their over representation in educational facilities for pupils with a mental disability”. The Committee further notes that the new Law on Prevention and Protection against Discrimination expressly provides for special temporary measures to be taken in the field of education and training to develop the participation of persons from ethnic minorities (section 15(9)). The Committee can only but emphasize the importance of education and vocational training to improve future access to the labour market and asks the Government to take specific measures to ensure equal access to education, including pre-school education, for Roma children, without discrimination, pursuant to the Law on Prevention and Protection against Discrimination or within any other framework. The Committee further asks the Government to strengthen its efforts to implement the National Action Plan for Roma Employment and the components of the General Employment Plan and the Self-Employment Plan aimed at promoting employment opportunities for Roma people and ensuring equal treatment of these people in employment and occupation, including through the allocation of appropriate funding to these plans. The Committee also requests the Government:

• (i) to indicate the measures taken or envisaged to promote equality of opportunities and treatment in respect of other minority groups, in particular the Albanian and Turkish minorities;
• (ii) to provide any available recent data on the number of Roma men and women, as well as men and women from the Albanian and Turkish minorities in the labour market, in particular the estimated levels of employment, unemployment and self-employment.

Article 3(d). Public sector. The Government indicates that the state administration bodies have not drafted nor submitted any plans for the promotion of gender equality, pursuant the Law on Equal Opportunities between Men and Women as the adoption of such plans is linked to the adoption of the National Action Plan on Equal Opportunities of Men and Women which has not been completed yet. However, the Committee notes that all ministries have appointed coordinators for equal opportunities of men and women and 84 committees for equal opportunities of men and women have been established at the local self government level. The Committee notes from the 2010 report of the ECRI that a Strategy on equitable representation of minorities within public institutions and undertakings was adopted in 2007. The ECRI indicates that the proportion of public service staff who do not belong to the majority population is now 20 per cent overall (less than 18 per cent in 2002) and the increase has mainly benefited the Albanian minority (CRI(2010)19, paragraph 82). Noting the efforts of the Government to put in place a comprehensive framework at the national and local levels to promote equal opportunities for men and women in the public sector, the Committee requests the Government to provide information on the adoption and implementation of the National Action Plan on Equal Opportunities of Men and Women and the periodical plans for the promotion of gender equality, and on the activities of coordinators and committees for equal opportunities of men and women with respect to employment and occupation. The Committee requests the Government to provide information on any measures taken to implement the Strategy on equitable representation of minorities within public institutions and undertakings and the results achieved, including recent statistical information, disaggregated, when possible, by position and occupation.

Article 3(a). Cooperation with workers’ and employer’s organizations. The Committee notes the Government’s indications that the functioning of the Economic Council and Social Council, the tripartite body that covers labour related issues, including equal opportunities and treatment, has been unable to function for a long time since its initial establishment in 1996, and that on 25 August 2010 an agreement was concluded to establish this council. The Committee requests the Government to indicate whether the Economic and Social Council is operational and provide information on its activities in the field of equality and non-discrimination.

Enforcement of anti-discrimination legislation. The Committee notes that the Law on Prevention and Protection against Discrimination creates a Commission for Prevention of Discrimination that is competent, inter alia, to act upon complaints and give opinions and recommendations in discrimination cases. It further notes that the Ombudsman’s Office also deals with discrimination complaints, and, according to the Government’s report, among the small number of complaints submitted those relating to employment and labour relations are the most common. In its previous comments, the Committee noted that the application of the relevant national legislation concerning the principle of equality of opportunity and treatment between men and women was entrusted to the Department for Equal Opportunities established within the Ministry of Labour and Social Policy and to Commissions for Equal Opportunities created at the level of local self-government units. It further noted that discrimination on the grounds set out in section 6 of the Labour Relations Law appeared to be supervised by the labour inspectorate, pursuant to section 256. The Committee requests the Government to indicate if the Commission for Protection against Discrimination, as a specialized equality body, is now operational and has been allocated appropriate human and financial resources for its effective functioning. It further requests the Government to provide information on the activities of each of these bodies relating to the application of the Convention, showing their complementarities, and to describe the relationships between the specialized equality body and the other bodies and authorities in charge of dealing with discrimination cases in employment and occupation. The Committee encourages the Government to carry out awareness-raising activities to familiarize workers and employers and their organizations with their respective roles with respect to discrimination in employment and occupation.