Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - North Macedonia (Ratification: 1991)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the amendments to the Criminal Code providing for the criminalization of trafficking in persons as well as the adoption of a plan of action, with the aim of strengthening the fight against trafficking. It also took note of the implementation of measures to protect and reintegrate victims of trafficking through the National Referral Mechanism.

The Committee notes the Government’s statement that the evaluation of the National Action Plan 2009–12 was positive, but that the support and protection for victims of human trafficking needed to be improved. The Government indicates that, in 2011, the centre for human trafficking victims was opened and, between 2011 and June 2013, it housed 18 persons, including four adults. In 2013 the National Plan to Fight Against Human Trafficking and Illegal Migration 2013–16 was adopted, to be implemented by the Ministry of Labour and Social Policy. Measures taken include the implementation of a seminar for health-care workers on protection of human trafficking victims, and the establishment in three municipalities of mobile teams tasked with detecting human trafficking victims, providing support to those identified and implementing reintegration programmes. The Government also indicates that, between 2007 and 2013, 20 adult victims of trafficking were identified, including five victims in 2011, four such victims in 2012 and zero victims in the first half of 2013.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 March 2013, while noting the legislative, institutional and policy measures taken to combat trafficking in persons, expressed concern at the lack of preventive measures to address the root causes of trafficking, in particular with regard to Roma women (CEDAW/C/MKD/CO/4-5, paragraph 24). Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons, as well as to ensure that victims of trafficking are provided with appropriate protection and services. It requests the Government to continue to provide information on measures taken in this regard, including measures specifically aimed at Roma persons. Lastly, the Committee requests the Government to provide information on the application in practice of the provisions of the Criminal Code relating to trafficking in persons, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. (a) Civil servants. The Committee previously noted the Government’s indication that, according to section 107 of the Law on civil servants, civil servants’ employment might be terminated upon the submission of a written request to resign, with a notice period of 30 days, unless otherwise agreed by the parties. The Committee notes the Government’s statement that if a civil servant is prevented from enjoying any right in a labour relationship, including the right to provide notice, the person may submit an appeal to the Administration Agency. The Committee requests the Government to provide information on the number of written requests to resign that have been refused and the grounds for such refusal, as well as information on the number of persons who have submitted appeals in this regard to the Administration Agency.

(b) Career military officers. The Committee previously noted that, pursuant to section 225 of the Army Service Regulation Law, career military officers might terminate their employment upon request, with a notice period of one to three months, and the minister or a person authorized by the minister shall decide on the request. The Committee requested the Government to indicate whether requests in this regard had been refused.

The Committee notes the Government’s statement that the termination of a working relationship by active military personnel is legally standardized and that, if the legal conditions are not met, such a request could be rejected. Referring to the General Survey on fundamental Conventions concerning rights at work, 2012, paragraph 290, the Committee recalls that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice. It accordingly requests the Government to provide, in its next report, information on the application in practice of section 225 of the Army Service Regulation Law, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for this refusal.

Article 2(2)(c). Prison labour. The Committee previously noted the Government’s indication that, under the Law on the execution of sanctions, convicts’ work shall be organized and performed, as a rule, in the institution’s economic units, with no distinction being made between private and public legal entities for which convicts could work.

The Committee notes the Government’s statement that, within the prison system, work arrangements for prisoners are only on a voluntary basis. The Government states that the unit for the re-socialization of prisoners has the task of motivating prisoners to accept work, but work is not an imposed obligation. The Committee also notes the Government’s statement that convicted persons may work in external firms, with the approval of the director of the administration for executing sanctions, and under the conditions foreseen in the guide on the terms, manner and procedure for the work arrangement of a convicted person outside the institution. These terms stipulate that it is compulsory to get the written consent of the prisoner prior to their employment. This consent is obtained in the form of a signed statement indicating the prisoner’s consent to work in a certain position in an enterprise outside of the prison. The Committee requests the Government to provide, with its next report, a copy of the guide on the terms, manner and procedure for the work arrangement of a convicted person outside the institution, as well as sample copies of signed statements of prisoners indicating their consent to work in external enterprises. It also requests the Government to provide information on the number of prisoners who are engaged in work for private enterprises and the nature of the work performed.