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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Legislative developments. The Committee takes note of the Government’s indication in its supplementary information that a Proposal-law on Amendments to the Law on Prevention and Protection against Discrimination, will be adopted in a shortened procedure and will be put on the agenda in the Assembly of Republic of North Macedonia to replace the Law on Prevention and Protection against discrimination (LPPD) adopted in 2019 – without the required majority in the Assembly. It notes that the Proposal-law regulates the prevention and prohibition of discrimination, the forms and types of discrimination, the procedures for protection against discrimination as well as the composition and work of the Commission for Prevention and Protection against Discrimination. The Committee asks the Government to keep the Office informed on developments and to provide a copy of the law once adopted.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In follow up to its previous comments, the Committee notes that “sexual harassment” is defined and prohibited under section 9(4) of the Law on Labour Relations, section 4(7) of the Law on equal opportunities for men and women of 2012, and section 5(2) of the Law on protection against harassment at work of 2013. It asks the Government to provide information on the application of these provisions in practice, including information on: (i) the measures adopted by the labour inspectorate to prevent and address sexual harassment; (ii) the number of complaints filed and of cases detected; and (iii) the remedies available, and the sanctions imposed.

Article 1(3). Employment and occupation. Further to its previous request regarding the scope of application of the LPPD, the Committee notes the Government’s indication that the draft law only regulates the prevention and protection against discrimination but does not regulate the conditions of employment and access to professional training that are matters covered by the Law on labour relations. In this regard, the Committee takes note of sections 6 and 7 of the Law on labour relations that prohibit discrimination in relation with access to employment, promotion at work, access to vocational trainings, working conditions and rights arising out of employment, the termination of employment, and the rights and privileges arising from the membership in employers or workers’ organizations.

Article 2. National equality policy. Discrimination based on sex. In its previous comment, the Committee asked the Government to provide information on the results of the measures adopted to implement the National Action Plan for gender equality. The Committee notes the Government’s indication in its national report on the application of the Beijing Declaration and Platform of Action, 1995 (Beijing+25) that its efforts to advance gender equality are visible through the formulation by the Ministry of Economy of a Strategy for Women entrepreneurship development and its Action Plan, for the period 2019–2023, and in particular its attempts to increase subsidy of enterprises owned and managed by women. Moreover, the Committee notes that the Ministry of Labour and Social Policy, in cooperation with the “Subversive Front “(a community-engaged organization that aims to promote justice, freedom and equality for the members of the sexual and gender minorities in North Macedonia through the principles of accountability, solidarity and inclusivity), and with the support of the Ministry of Foreign Affairs of Norway, conducted training on non-discrimination for public officials and civil servants. According to the Government, this training addressed topics such as: presentation of the new Law on Prevention and Protection against Discrimination, how to identify discriminatory behaviours, unconscious discrimination, hate speech versus freedom of speech, etc. In this regard, the Committee notes that in 2019: 17 training sessions were conducted which were attended by some 325 public officials and civil servants. While welcoming all these initiatives, the Committee asks the Government to provide information on the impact on gender equality in employment and occupation of the measures adopted to implement the National Action Plan for gender equality 2018–2020, the Strategy for Women entrepreneurship development (and its Action Plan 2019–2023), and on any other measures taken to implement the principles enshrined in the Convention (such as for example updated data on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors).

National policy. Discrimination based on race, colour, and national extraction. In its previous comment, the Committee requested the Government to continue its efforts to create equal opportunity and treatment at work and in education and training for minorities and to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market. The Committee takes note of the information provided by the Government on the number of workers from the Roma community that have benefited from the different employment programmes aimed at facilitating access to the labour market. The Committee also takes note of the data provided on representation of minority groups in the public sector for 2016–2019 (in 2019: 73.93 per cent were Macedonians; 20.41 per cent were Albanians; 2.07 per cent were Turks; 0.93 per cent were Serbs; 1.21 per cent were Roma; 0.43 per cent were Bosnians; 0.38 per cent were Vlachs, and 0.64 per cent were from others or unspecified groups). The Committee requests the Government to provide up-to-date statistical information on the participation of workers from minority groups in the labour market in the private sector.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Enforcement. In the absence of information on this point, the Committee again asks the Government to provide detailed information on the application of the Convention in practice, such as for example, the number of cases of discrimination in employment and occupation dealt with by the Commission for Protection against Discrimination, the labour inspectorate, and the courts, and on the follow up to these cases.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Legislative developments. The Committee notes the adoption of the Law on Protection against Harassment at the Workplace (No. 79/13), adopted to create a more concrete and comprehensive legal mechanism for the prevention and elimination of sexual harassment at the workplace. It also notes the adoption of the Law Amending the Law on Labour Relations (No. 13/13) transposing around five directives of the European Union which deal with equal treatment. The Committee requests the Government to provide information on any measures taken to implement these Laws and on their impact in practice.

Article 1(3) of the Convention. Definition of discrimination and forms of discrimination. The Committee recalls the adoption of the Law on Prevention and Protection against Discrimination (2010) (the LPPD) which prohibits direct and indirect discrimination in the public and private sectors, covering all the grounds enumerated in Article 1(1)(a) of the Convention, as well as other grounds pursuant to Article 1(1)(b). The Law makes provision for addressing victimization and creates a category of “more severe forms of discrimination”, which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved. The Government is requested to indicate the manner in which the provisions regarding the “more severe forms of discrimination” are applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect. Please confirm that the LPPD 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. The Committee notes from the Government’s report the various programmes and measures aimed at women and their impact. It also notes that the Commission for Equal Opportunities for Men and Women organized numerous public discussions and other similar awareness-raising activities in 2012 and 2013 at the international, national and local levels. The Government further indicates that it is in the process of drafting a national action plan on equal opportunities for women and men, which has already been reviewed by the Commission for Equal Opportunities. The Committee requests the Government to continue providing information on the specific measures taken, including those to implement the national action plan on equal opportunities for women and men once it has become operational. Please also provide information and statistical data on the results of these measures in terms of the participation of women in the labour market, by economic sector, including women from minorities.

Equality of opportunity and treatment without distinction based on race, colour and national extraction. The Committee notes that the activities under the National Action Plan for Improvement of the Social Condition of Roma Women have been integrated into the revised draft strategy on Roma, the National Strategy on Gender Equality and the National Strategy on Equality and Non-Discrimination. It also notes from the Government’s Fourth Report under the Council of Europe (CoE) Framework Convention for the Protection of Minorities that the Government adopted an Action Plan for Increased Enrolment of Roma Pupils in Primary and Secondary Education (ACFC/SR/IV(2014)010, 15 July 2014, page 26). The Committee also notes from the Government’s report to the CoE (page 22) that it implemented “active employment programmes” addressed at the Roma community and that, under the Self-Employment Programme, training was delivered to 17 unemployed Roma, of whom 11 completed their training and eight were subsequently awarded a grant. However, the Committee notes the lack of data provided concerning the employment and unemployment rates of minorities. Moreover, in its 2013 concluding observations, the Committee on the Elimination of Discrimination against Women expressed concern at the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls from different ethnic communities (CEDAW/C/MKD/CO/4-5, 22 March 2013, paragraph 29). The Committee requests the Government to continue its efforts to implement the various strategies and action plans referred to above, especially in so far as they aim to create equal opportunity and treatment at work and in education and training for minorities. The Committee recalls the importance of collecting sufficiently detailed data to assess the application of the principles of the Convention in practice and requests the Government to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market.

Article 3(d). Public sector. The Committee notes from the Government’s report to the CoE that the Ministry of Information Society and Administration prepare an Annual Register Data Report containing the number of civil servants and the structure of the civil service, disaggregated by position, gender, age, education and ethnicity (ACFC/SR/IV(2014)010, 15 July 2014, page 8). The Committee further notes that in 2011, 13 per cent of the total judges were of Albanian descent, but that most judges from an ethnic minority were located in Skopje and that in Stip or Gostivar over 95 per cent of the judges were Macedonian. The Committee requests the Government to continue its efforts to promote the representation of minorities in the public sector and to provide information in this regard. It also requests the Government to provide it with the most recent Annual Register Data Report.

Enforcement of anti-discrimination legislation. The Committee notes from the National Equality and Non-Discrimination Strategy annexed to the Government’s report, the roles and responsibilities of the Commission for Protection against Discrimination (CPD), the Public Ombudsman and the Agency for the Realization of the Rights of Communities. It further notes that the LPPD sets out the procedure to follow regarding discrimination claims brought before the CPD. Since it became operational in 2011, the CPD has received 224 complaints based on various grounds, including ethnicity, social status and political belonging, and has found the existence of discrimination in 12 cases. The Committee requests the Government to provide examples or extracts of applications made to the CPD and detailed information on how the CPD has dealt with them from the receipt to the conclusion of an application, including the measures taken to follow up its conclusions when discrimination was found to have taken place. The Government is also requested to provide information on the number and nature of violations of the LPPD detected by or reported to the labour inspectorate and the courts. Finally, the Committee requests the Government to continue providing information on the awareness-raising and capacity-building activities conducted for labour inspectors, judges, prosecutors and the wider public, and the results achieved.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous.

Repetition

Legislative developments. The Committee notes the adoption of the new Law on Equal Opportunities for Women and Men, 2012. In accordance with article 2, this Law aims to establish equal opportunities and equal treatment for men and women in various fields, including the economic, social and education fields and in the public and private sectors. Articles 7 and 8 provide for the adoption of temporary special measures to overcome an existing structural gender inequality, including through positive and promotional measures. The Committee requests the Government to provide information on the concrete measures taken for the general implementation of this Law and its impact on the achievement of gender equality in both the public and the private sectors. It also requests the Government to provide information on any special measures taken under articles 7 and 8 to achieve equality in employment and occupation and any special protective measures in favour of certain categories of persons.

Sexual harassment. The Committee also notes that article 3(3) of the new Law expressly prohibits sexual harassment in the public and private sectors, and that sexual harassment is defined, in article 4(7), as being any type of unwanted behaviour of a sexual nature creating an intimidating or hostile atmosphere. The Committee requests the Government to confirm that the law covers both quid pro quo and hostile environment sexual harassment at work. It also requests the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Government is also requested to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions and the sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Legislative developments. The Committee notes the adoption of the Law on Protection against Harassment at the Workplace (No. 79/13), adopted to create a more concrete and comprehensive legal mechanism for the prevention and elimination of sexual harassment at the workplace. It also notes the adoption of the Law Amending the Law on Labour Relations (No. 13/13) transposing around five directives of the European Union which deal with equal treatment. The Committee requests the Government to provide information on any measures taken to implement these Laws and on their impact in practice.

Article 1(3) of the Convention. Definition of discrimination and forms of discrimination. The Committee recalls the adoption of the Law on Prevention and Protection against Discrimination (2010) (the LPPD) which prohibits direct and indirect discrimination in the public and private sectors, covering all the grounds enumerated in Article 1(1)(a) of the Convention, as well as other grounds pursuant to Article 1(1)(b). The Law makes provision for addressing victimization and creates a category of “more severe forms of discrimination”, which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved. The Government is requested to indicate the manner in which the provisions regarding the “more severe forms of discrimination” are applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect. Please confirm that the LPPD 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. The Committee notes from the Government’s report the various programmes and measures aimed at women and their impact. It also notes that the Commission for Equal Opportunities for Men and Women organized numerous public discussions and other similar awareness-raising activities in 2012 and 2013 at the international, national and local levels. The Government further indicates that it is in the process of drafting a national action plan on equal opportunities for women and men, which has already been reviewed by the Commission for Equal Opportunities. The Committee requests the Government to continue providing information on the specific measures taken, including those to implement the national action plan on equal opportunities for women and men once it has become operational. Please also provide information and statistical data on the results of these measures in terms of the participation of women in the labour market, by economic sector, including women from minorities.

Equality of opportunity and treatment without distinction based on race, colour and national extraction. The Committee notes that the activities under the National Action Plan for Improvement of the Social Condition of Roma Women have been integrated into the revised draft strategy on Roma, the National Strategy on Gender Equality and the National Strategy on Equality and Non-Discrimination. It also notes from the Government’s Fourth Report under the Council of Europe (CoE) Framework Convention for the Protection of Minorities that the Government adopted an Action Plan for Increased Enrolment of Roma Pupils in Primary and Secondary Education (ACFC/SR/IV(2014)010, 15 July 2014, page 26). The Committee also notes from the Government’s report to the CoE (page 22) that it implemented “active employment programmes” addressed at the Roma community and that, under the Self-Employment Programme, training was delivered to 17 unemployed Roma, of whom 11 completed their training and eight were subsequently awarded a grant. However, the Committee notes the lack of data provided concerning the employment and unemployment rates of minorities. Moreover, in its 2013 concluding observations, the Committee on the Elimination of Discrimination against Women expressed concern at the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls from different ethnic communities (CEDAW/C/MKD/CO/4-5, 22 March 2013, paragraph 29). The Committee requests the Government to continue its efforts to implement the various strategies and action plans referred to above, especially in so far as they aim to create equal opportunity and treatment at work and in education and training for minorities. The Committee recalls the importance of collecting sufficiently detailed data to assess the application of the principles of the Convention in practice and requests the Government to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market.

Article 3(d). Public sector. The Committee notes from the Government’s report to the CoE that the Ministry of Information Society and Administration prepare an Annual Register Data Report containing the number of civil servants and the structure of the civil service, disaggregated by position, gender, age, education and ethnicity (ACFC/SR/IV(2014)010, 15 July 2014, page 8). The Committee further notes that in 2011, 13 per cent of the total judges were of Albanian descent, but that most judges from an ethnic minority were located in Skopje and that in Stip or Gostivar over 95 per cent of the judges were Macedonian. The Committee requests the Government to continue its efforts to promote the representation of minorities in the public sector and to provide information in this regard. It also requests the Government to provide it with the most recent Annual Register Data Report.

Enforcement of anti-discrimination legislation. The Committee notes from the National Equality and Non-Discrimination Strategy annexed to the Government’s report, the roles and responsibilities of the Commission for Protection against Discrimination (CPD), the Public Ombudsman and the Agency for the Realization of the Rights of Communities. It further notes that the LPPD sets out the procedure to follow regarding discrimination claims brought before the CPD. Since it became operational in 2011, the CPD has received 224 complaints based on various grounds, including ethnicity, social status and political belonging, and has found the existence of discrimination in 12 cases. The Committee requests the Government to provide examples or extracts of applications made to the CPD and detailed information on how the CPD has dealt with them from the receipt to the conclusion of an application, including the measures taken to follow up its conclusions when discrimination was found to have taken place. The Government is also requested to provide information on the number and nature of violations of the LPPD detected by or reported to the labour inspectorate and the courts. Finally, the Committee requests the Government to continue providing information on the awareness-raising and capacity-building activities conducted for labour inspectors, judges, prosecutors and the wider public, and the results achieved.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Legislative developments. The Committee notes the adoption of the new Law on Equal Opportunities for Women and Men, 2012. In accordance with article 2, this Law aims to establish equal opportunities and equal treatment for men and women in various fields, including the economic, social and education fields and in the public and private sectors. Articles 7 and 8 provide for the adoption of temporary special measures to overcome an existing structural gender inequality, including through positive and promotional measures. The Committee requests the Government to provide information on the concrete measures taken for the general implementation of this Law and its impact on the achievement of gender equality in both the public and the private sectors. It also requests the Government to provide information on any special measures taken under articles 7 and 8 to achieve equality in employment and occupation and any special protective measures in favour of certain categories of persons.

Sexual harassment. The Committee also notes that article 3(3) of the new Law expressly prohibits sexual harassment in the public and private sectors, and that sexual harassment is defined, in article 4(7), as being any type of unwanted behaviour of a sexual nature creating an intimidating or hostile atmosphere. The Committee requests the Government to confirm that the law covers both quid pro quo and hostile environment sexual harassment at work. It also requests the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Government is also requested to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions and the sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Legislative developments. The Committee notes the adoption of the Law on Protection against Harassment at the Workplace (No. 79/13), adopted to create a more concrete and comprehensive legal mechanism for the prevention and elimination of sexual harassment at the workplace. It also notes the adoption of the Law Amending the Law on Labour Relations (No. 13/13) transposing around five directives of the European Union which deal with equal treatment. The Committee requests the Government to provide information on any measures taken to implement these Laws and on their impact in practice.

Article 1(3) of the Convention. Definition of discrimination and forms of discrimination. The Committee recalls the adoption of the Law on Prevention and Protection against Discrimination (2010) (the LPPD) which prohibits direct and indirect discrimination in the public and private sectors, covering all the grounds enumerated in Article 1(1)(a) of the Convention, as well as other grounds pursuant to Article 1(1)(b). The Law makes provision for addressing victimization and creates a category of “more severe forms of discrimination”, which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved. The Government is requested to indicate the manner in which the provisions regarding the “more severe forms of discrimination” are applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect. Please confirm that the LPPD 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. The Committee notes from the Government’s report the various programmes and measures aimed at women and their impact. It also notes that the Commission for Equal Opportunities for Men and Women organized numerous public discussions and other similar awareness-raising activities in 2012 and 2013 at the international, national and local levels. The Government further indicates that it is in the process of drafting a national action plan on equal opportunities for women and men, which has already been reviewed by the Commission for Equal Opportunities. The Committee requests the Government to continue providing information on the specific measures taken, including those to implement the national action plan on equal opportunities for women and men once it has become operational. Please also provide information and statistical data on the results of these measures in terms of the participation of women in the labour market, by economic sector, including women from minorities.

Equality of opportunity and treatment without distinction based on race, colour and national extraction. The Committee notes that the activities under the National Action Plan for Improvement of the Social Condition of Roma Women have been integrated into the revised draft strategy on Roma, the National Strategy on Gender Equality and the National Strategy on Equality and Non-Discrimination. It also notes from the Government’s Fourth Report under the Council of Europe (CoE) Framework Convention for the Protection of Minorities that the Government adopted an Action Plan for Increased Enrolment of Roma Pupils in Primary and Secondary Education (ACFC/SR/IV(2014)010, 15 July 2014, page 26). The Committee also notes from the Government’s report to the CoE (page 22) that it implemented “active employment programmes” addressed at the Roma community and that, under the Self-Employment Programme, training was delivered to 17 unemployed Roma, of whom 11 completed their training and eight were subsequently awarded a grant. However, the Committee notes the lack of data provided concerning the employment and unemployment rates of minorities. Moreover, in its 2013 concluding observations, the Committee on the Elimination of Discrimination against Women expressed concern at the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls from different ethnic communities (CEDAW/C/MKD/CO/4-5, 22 March 2013, paragraph 29). The Committee requests the Government to continue its efforts to implement the various strategies and action plans referred to above, especially in so far as they aim to create equal opportunity and treatment at work and in education and training for minorities. The Committee recalls the importance of collecting sufficiently detailed data to assess the application of the principles of the Convention in practice and requests the Government to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market.

Article 3(d). Public sector. The Committee notes from the Government’s report to the CoE that the Ministry of Information Society and Administration prepare an Annual Register Data Report containing the number of civil servants and the structure of the civil service, disaggregated by position, gender, age, education and ethnicity (ACFC/SR/IV(2014)010, 15 July 2014, page 8). The Committee further notes that in 2011, 13 per cent of the total judges were of Albanian descent, but that most judges from an ethnic minority were located in Skopje and that in Stip or Gostivar over 95 per cent of the judges were Macedonian. The Committee requests the Government to continue its efforts to promote the representation of minorities in the public sector and to provide information in this regard. It also requests the Government to provide it with the most recent Annual Register Data Report.

Enforcement of anti-discrimination legislation. The Committee notes from the National Equality and Non-Discrimination Strategy annexed to the Government’s report, the roles and responsibilities of the Commission for Protection against Discrimination (CPD), the Public Ombudsman and the Agency for the Realization of the Rights of Communities. It further notes that the LPPD sets out the procedure to follow regarding discrimination claims brought before the CPD. Since it became operational in 2011, the CPD has received 224 complaints based on various grounds, including ethnicity, social status and political belonging, and has found the existence of discrimination in 12 cases. The Committee requests the Government to provide examples or extracts of applications made to the CPD and detailed information on how the CPD has dealt with them from the receipt to the conclusion of an application, including the measures taken to follow up its conclusions when discrimination was found to have taken place. The Government is also requested to provide information on the number and nature of violations of the LPPD detected by or reported to the labour inspectorate and the courts. Finally, the Committee requests the Government to continue providing information on the awareness-raising and capacity-building activities conducted for labour inspectors, judges, prosecutors and the wider public, and the results achieved.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Legislative developments. The Committee notes the adoption of the new Law on Equal Opportunities for Women and Men, 2012. In accordance with article 2, this Law aims to establish equal opportunities and equal treatment for men and women in various fields, including the economic, social and education fields and in the public and private sectors. Articles 7 and 8 provide for the adoption of temporary special measures to overcome an existing structural gender inequality, including through positive and promotional measures. The Committee requests the Government to provide information on the concrete measures taken for the general implementation of this Law and its impact on the achievement of gender equality in both the public and the private sectors. It also requests the Government to provide information on any special measures taken under articles 7 and 8 to achieve equality in employment and occupation and any special protective measures in favour of certain categories of persons.

Sexual harassment. The Committee also notes that article 3(3) of the new Law expressly prohibits sexual harassment in the public and private sectors, and that sexual harassment is defined, in article 4(7), as being any type of unwanted behaviour of a sexual nature creating an intimidating or hostile atmosphere. The Committee requests the Government to confirm that the law covers both quid pro quo and hostile environment sexual harassment at work. It also requests the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Government is also requested to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions and the sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. The Committee notes the adoption of the Law on Protection against Harassment at the Workplace (No. 79/13), adopted to create a more concrete and comprehensive legal mechanism for the prevention and elimination of sexual harassment at the workplace. It also notes the adoption of the Law Amending the Law on Labour Relations (No. 13/13) transposing around five directives of the European Union which deal with equal treatment. The Committee requests the Government to provide a copy of these Laws. It also requests the Government to provide information on any measures taken to implement these Laws and on their impact in practice.

Article 1(3) of the Convention. Definition of discrimination and forms of discrimination. The Committee recalls the adoption of the Law on Prevention and Protection against Discrimination (2010) (the LPPD) which prohibits direct and indirect discrimination in the public and private sectors, covering all the grounds enumerated in Article 1(1)(a) of the Convention, as well as other grounds pursuant to Article 1(1)(b). The Law makes provision for addressing victimization and creates a category of “more severe forms of discrimination”, which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved. The Government is requested to indicate the manner in which the provisions regarding the “more severe forms of discrimination” are applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect. Please confirm that the LPPD 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. The Committee notes from the Government’s report the various programmes and measures aimed at women and their impact. It also notes that the Commission for Equal Opportunities for Men and Women organized numerous public discussions and other similar awareness-raising activities in 2012 and 2013 at the international, national and local levels. The Government further indicates that it is in the process of drafting a national action plan on equal opportunities for women and men, which has already been reviewed by the Commission for Equal Opportunities. The Committee requests the Government to continue providing information on the specific measures taken, including those to implement the national action plan on equal opportunities for women and men once it has become operational. Please also provide information and statistical data on the results of these measures in terms of the participation of women in the labour market, by economic sector, including women from minorities.

Equality of opportunity and treatment without distinction based on race, colour and national extraction. The Committee notes that the activities under the National Action Plan for Improvement of the Social Condition of Roma Women have been integrated into the revised draft strategy on Roma, the National Strategy on Gender Equality and the National Strategy on Equality and Non-Discrimination. It also notes from the Government’s Fourth Report under the Council of Europe (CoE) Framework Convention for the Protection of Minorities that the Government adopted an Action Plan for Increased Enrolment of Roma Pupils in Primary and Secondary Education (ACFC/SR/IV(2014)010, 15 July 2014, page 26). The Committee also notes from the Government’s report to the CoE (page 22) that it implemented “active employment programmes” addressed at the Roma community and that, under the Self-Employment Programme, training was delivered to 17 unemployed Roma, of whom 11 completed their training and eight were subsequently awarded a grant. However, the Committee notes the lack of data provided concerning the employment and unemployment rates of minorities. Moreover, in its 2013 concluding observations, the Committee on the Elimination of Discrimination against Women expressed concern at the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls from different ethnic communities (CEDAW/C/MKD/CO/4-5, 22 March 2013, paragraph 29). The Committee requests the Government to continue its efforts to implement the various strategies and action plans referred to above, especially in so far as they aim to create equal opportunity and treatment at work and in education and training for minorities. The Committee recalls the importance of collecting sufficiently detailed data to assess the application of the principles of the Convention in practice and requests the Government to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market.

Article 3(d). Public sector. The Committee notes from the Government’s report to the CoE that the Ministry of Information Society and Administration prepare an Annual Register Data Report containing the number of civil servants and the structure of the civil service, disaggregated by position, gender, age, education and ethnicity (ACFC/SR/IV(2014)010, 15 July 2014, page 8). The Committee further notes that in 2011, 13 per cent of the total judges were of Albanian descent, but that most judges from an ethnic minority were located in Skopje and that in Stip or Gostivar over 95 per cent of the judges were Macedonian. The Committee requests the Government to continue its efforts to promote the representation of minorities in the public sector and to provide information in this regard. It also requests the Government to provide it with the most recent Annual Register Data Report.

Enforcement of anti-discrimination legislation. The Committee notes from the National Equality and Non-Discrimination Strategy annexed to the Government’s report, the roles and responsibilities of the Commission for Protection against Discrimination (CPD), the Public Ombudsman and the Agency for the Realization of the Rights of Communities. It further notes that the LPPD sets out the procedure to follow regarding discrimination claims brought before the CPD. Since it became operational in 2011, the CPD has received 224 complaints based on various grounds, including ethnicity, social status and political belonging, and has found the existence of discrimination in 12 cases. The Committee requests the Government to provide examples or extracts of applications made to the CPD and detailed information on how the CPD has dealt with them from the receipt to the conclusion of an application, including the measures taken to follow up its conclusions when discrimination was found to have taken place. The Government is also requested to provide information on the number and nature of violations of the LPPD detected by or reported to the labour inspectorate and the courts. Finally, the Committee requests the Government to continue providing information on the awareness-raising and capacity-building activities conducted for labour inspectors, judges, prosecutors and the wider public, and the results achieved.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. The Committee notes with interest the adoption of the new Law on Equal Opportunities for Women and Men, 2012. In accordance with article 2, this Law aims to establish equal opportunities and equal treatment for men and women in various fields, including the economic, social and education fields and in the public and private sectors. Articles 7 and 8 provide for the adoption of temporary special measures to overcome an existing structural gender inequality, including through positive and promotional measures. The Committee requests the Government to provide information on the concrete measures taken for the general implementation of this Law and its impact on the achievement of gender equality in both the public and the private sectors. It also requests the Government to provide information on any special measures taken under articles 7 and 8 to achieve equality in employment and occupation and any special protective measures in favour of certain categories of persons.

Sexual harassment. The Committee also notes with interest that article 3(3) of the new Law expressly prohibits sexual harassment in the public and private sectors, and that sexual harassment is defined, in article 4(7), as being any type of unwanted behaviour of a sexual nature creating an intimidating or hostile atmosphere. The Committee requests the Government to confirm that the law covers both quid pro quo and hostile environment sexual harassment at work. It also requests the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Government is also requested to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions and the sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Anti-discrimination legislation. The Committee notes with interest the adoption of the Law on Prevention and Protection against Discrimination on 8 April 2010, which entered into force on 1 January 2011. The law, which applies to both the public and the private sectors, covers, inter alia, work, labour relations and education. It defines and prohibits direct and indirect discrimination based on “sex, race, skin colour, gender, belonging to a marginalized group, ethnic origin, language, citizenship, social origin, religion or confession, other types of belief, education, political belonging, personal or social status, mental and physical disability, age, family or marital status, property status, health condition or any other ground established by the law or by ratified international agreements”, thus covering all the grounds enumerated in Article 1(1)(a) of the Convention as well as a number of additional grounds pursuant to Article 1(1)(b). The law also makes provision for addressing victimization and creates a category of “more severe forms of discrimination” which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved and sets out the procedure to be established regarding discrimination claims being brought before the Commission for Protection against Discrimination and before the courts. The Committee requests the Government to provide information on the legal and practical measures taken to implement the 2010 Law on prevention and protection against discrimination with respect to the prohibition of discrimination and its exceptions in the fields of employment and occupation, in particular any affirmative action measures taken to achieve equality in employment and occupation and any special protective measures taken in favour of certain categories of persons. It further asks the Government to indicate the manner in which the provisions regarding the “most severe forms of discrimination” are being applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a) and (b), of the Convention. Prohibition of discrimination. The Committee notes that section 6 of the Labour Relations Law contains a general prohibition of discrimination on the grounds enshrined in Article 1(1)(a) of the Convention, as well as on additional grounds (age, health, disability, sexual orientation and membership in trade unions) as envisaged in Article 1(1)(b). The Committee further notes that section 7 of the Law expressly extends the prohibition of discrimination to both direct and indirect discrimination. Pursuant to section 4(3) of the Law, the provisions regulating, among other things, working hours, daily and annual vacations, minimum salary and protection and safety at work shall also be applied to employees that “concluded the contract in compliance with foreign law and are posted by a foreign employer to perform temporary work on the territory of the Republic of Macedonia”. Pursuant to sections 7(5) and 12 of the Law, discriminatory provisions of employment contracts or collective agreements are null and void. In case of dispute, the Committee notes that section 11 places the burden to prove the absence of any type of discrimination on the employer. Section 3 of the Law on Equal Opportunities of Women and Men prohibits discrimination based on gender in the fields of employment, labour, education, social security, culture and sport; it establishes a procedure to determine unequal treatment, which also places the burden of proof on the other party once facts are presented from which it could be assumed that discrimination had occurred (section 39). The Committee also notes that article 137 of the Criminal Code punishes with imprisonment any infringement of the principle of equality of rights of citizens, including rights provided by the Constitution, by law or by ratified international covenant, for reasons of “gender, race, colour of skin, national and social origin, political and religious belief, wealth and social position, language and other personal characteristics”. The Committee requests the Government to provide information on the following matters:

(a)   the practical application of sections 6, 7 and 12 of the Labour Relations Law, section 3 of the Law on Equal Opportunities of Women and Men, and article 137 of the Criminal Code, including relevant judicial and administrative decisions;

(b)    how the workers referred to in section 4(3) of the Labour Relations Law are protected with respect to the principle of equality of opportunity and treatment;

(c)    whether any laws have been adopted or are envisaged, pursuant to section 3 of the Labour Relations Law, regulating the public sector;

(d)   what measures have been taken or envisaged to foster knowledge of article 137 of the Criminal Code among workers and employers in the light of the concluding observations of the UN Committee on the Elimination of Racial Discrimination (CERD/C/MKD/CO/7, 13 June 2007, paragraph 19) regarding the lack of recourse to that provision.

Sexual harassment. The Committee notes that section 9 of the Labour Relations Law prohibits sexual harassment. The Committee draws the Government’s attention to its general observation of 2002 and requests the Government to provide information on the practical application of section 9 of the Labour Relations Law, including information on any relevant judicial or administrative decisions.

Article 1, paragraph 2. Inherent requirements of a particular job. The Committee notes that, according to section 8 of the Labour Relations Law, there can be exceptions from the general prohibition of discrimination provided for in section 6 of the Law when these exceptions are justified in light of the work to be performed by the worker or the conditions under which it is to be performed, and thus represents a “real and determining condition for carrying out the work”. The Committee recalls that, pursuant to the Convention, such exceptions are to be limited to a particular job based on the inherent requirements thereof, which must be interpreted strictly, so as not to result in undue limitation of the protection provided under the Convention (see General Survey, 1988, paragraphs 125–126). The Committee requests the Government to provide full information on the application of section 8 in practice, including examples of what has been considered to represent a real and determining condition for carrying out work.

Article 1, paragraph 3. Definition of employment and occupation. The Committee notes that section 6 of the Labour Relations Law prohibits discrimination on the enumerated grounds with respect to both jobseekers and employees. Paragraph 2 of the same section explicitly applies the principle of equality of opportunity and treatment between men and women to “access to employment, promotion, training, education, retraining, salaries and other income arising from employment, absence from work, working conditions, working hours and termination of the employment contract”. Given the different formulation of paragraphs 1 and 2, of section 6 of the Labour Relations Law, the Committee requests the Government to indicate the significance of this difference, and how it is ensured that the principle of equality of opportunity and treatment applies to all aspects of employment and occupation in cases other than those dealing with gender discrimination.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes that the National Action Plan for Gender Equality (2007–12) was adopted in May 2007, the main objectives of which are the adjustment of domestic legislation to international standards, the removal of gender stereotypes and prejudices, the achievement of a more balanced choice of educational careers, including the promotion of girls’ enrolment in technical schools, the elimination of all forms of discrimination in the labour market, the decrease of female unemployment and the increase of women’s participation in decision-making by fostering their representation in public bodies, notably executive, legislative and judicial organs. This appears to be undertaken pursuant to the measures foreseen in the Law on Equal Opportunities of Women and Men. The Committee, however, notes the persistence of women’s disadvantaged position in the labour market resulting from deep-rooted stereotypes regarding the roles and responsibilities of women and men in family and society (CEDAW/C/MKD/CO/3, 3 February 2006, paragraph 19) as well as the difficulties encountered by Roma and Albanian women in having access to education and employment (ibidem, paragraph 27). The Committee encourages the Government to continue its efforts to promote equality of treatment and opportunity between men and women in the labour market, and requests it to provide full information on the measures taken or envisaged to implement the National Action Plan for Gender Equality, as well as the outcome of such measures, including with respect to Roma and Albanian women.

Promotion of equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the information provided in the Government’s report under the Framework Convention for the Protection of National Minorities, that a national strategy for the Roma was adopted in January 2005, followed by a National Action Plan designed to implement this strategy in four areas, including employment and education. The Committee also notes from the second opinion of the Advisory Committee charged with monitoring the Council of Europe’s Framework Convention of the Protection of National Minorities that approximately 70 per cent of the Roma are currently not in formal employment and that due to their low level of educational attainment and qualification, as well as discrimination faced in the labour market, many of them have little chance of finding jobs (ACFC/OP/II(2007)002, 23 February 2007, paragraph 55). The Committee requests the Government to provide information on the measures taken to implement the National Strategy for the Roma in the areas of employment and education and the impact of such measures. The Committee also requests the Government 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.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that under section 246 of the Labour Relations Law, the Economic and Social Council is established as a forum of dialogue between the Government and the social partners for the purpose of fostering cooperation with employers’ and workers’ organizations in the protection and promotion of workers’ rights. The Committee also notes that section 12 of the Law on Equal Opportunities of Women and Men obliges the Government to cooperate with workers’ and employers’ organizations in designing measures to achieve equality of opportunities between men and women in the labour market. The Committee requests the Government to provide information on any activities of the Economic and Social Council relevant to the promotion of the principle of equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to supply information on the cooperation established with the social partners under the Law on Equal Opportunities of Women and Men.

Article 3(c). Legislative and administrative developments. The Committee notes that pursuant to section 14 of the Law on Equal Opportunities of Women and Men, the Ministry of Labour and Social Policy is required to submit proposals for the enactment, the amendment or the integration of laws and other regulations which can enhance the principle of equality of opportunities between men and women. The Committee requests the Government to provide information on the steps taken by the Ministry of Labour and Social Policy under section 14 of the Law on Equal Opportunities of Women and Men.

Article 3(d). Public sector. The Committee notes that the Law on Equal Opportunities of Women and Men calls upon public bodies to adopt periodic plans for the promotion of gender equality embracing, in particular, positive measures to promote equality of opportunity between men and women in the fields of education and professional training. Moreover, under section 13 of the Law, a Coordinator is appointed within each Ministry with the mandate to coordinate initiatives to promote equality of opportunity between men and women within the sphere of action of the respective Ministry, in cooperation with the Ministry of Labour and Social Policy. In particular, the Committee notes that the Coordinator has the obligation to submit to the Ministry of Labour and Social Policy an annual report on the initiatives undertaken. The Committee requests the Government to provide information on the number and content of the periodic plans for the promotion of gender equality adopted by public bodies as well as information on the periodic reports submitted by the Coordinators of the various Ministries. The Committee also requests the Government to supply information on whether any fines have been imposed on public bodies and Coordinators for non-observance of their obligations under the Law on Equal Opportunities of Women and Men. Please also provide information on the application of section 22 of the Labour Relations Law, including statistical information on the employment of ethnic groups in the public sector, disaggregated, when possible, by position and occupation.

Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measures and national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, and provide particulars of the right of appeal available to the persons concerned.

Article 5. Special measures. Workers with family responsibilities. The Committee notes that section 8(2) of the Labour Relations Law refers to special measures for, inter alia, parents, adoptive parents and the dependants, and the protection of motherhood, set out in laws, collective agreements and employment contracts, which are not to be considered discriminatory. Section 101 prohibits dismissal due to parenthood. The Committee notes further that, according to section 161, workers shall be entitled to special protection in connection with pregnancy or parenthood. In particular, section 161(2) lays down the employers’ obligation to facilitate the employees’ easier coordination of family and professional obligations. The Committee also notes that section 164 of the Labour Relations Law sets out limitations on the performance of night and overtime work for women with young children, as well as men in case of the mother’s death, abandonment or incapacity. The Committee requests the Government to provide any information on how sections 8(2), 101, 161 and 164 have been applied in practice. The Committee also requests the Government to provide information on whether any consideration is being given to extending the rights under section 164 to women and men on an equal footing.

Part III of the report form. The Committee notes from the Government’s report that the application of the relevant national legislation concerning the principle of equality of opportunity and treatment between men and women is entrusted to the Department for Equal Opportunities established within the Ministry of Labour and Social Policy. The Committee also notes that pursuant to the Law on Equal Opportunities of Women and Men, a number of Commissions for Equal Opportunities are created at the level of local self-government units. In addition, an Ombudsperson is mandated to deal with cases of violations of the principle of equal opportunities between men and women by public bodies. With respect to discrimination on the grounds set out in section 6 of the Labour Relations Law, this appears to be supervised by the labour inspectorate, pursuant to section 256. There also appears to be a role for mediation (section 182), and possibly arbitration (section 183) under the Law. The Committee requests the Government to provide information on the activities of these bodies relating to the application of the principle of equality of opportunity and treatment in respect of employment and occupation. Please also indicate any other authorities charged with applying the principle of the Convention.

Parts IV and V. The Committee encourages the Government to gather and submit information on judicial and other decisions involving questions of principle relating to the application of the Convention, including information on the results of the procedure for determining unequal treatment of women and men regulated by section 23 of the Law on Equal Opportunities of Women and Men. Please also provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by race, colour and national extraction.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report and the extensive legislation attached. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment and occupation and raises the following points.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. The Committee notes that section 6 of the Labour Relations Law contains a general prohibition of discrimination on the grounds enshrined in Article 1(1)(a) of the Convention, as well as on additional grounds (age, health, disability, sexual orientation and membership in trade unions) as envisaged in Article 1(1)(b). The Committee further notes that section 7 of the Law expressly extends the prohibition of discrimination to both direct and indirect discrimination. Pursuant to section 4(3) of the Law, the provisions regulating, among other things, working hours, daily and annual vacations, minimum salary and protection and safety at work shall also be applied to employees that “concluded the contract in compliance with foreign law and are posted by a foreign employer to perform temporary work on the territory of the Republic of Macedonia”. Pursuant to sections 7(5) and 12 of the Law, discriminatory provisions of employment contracts or collective agreements are null and void. In case of dispute, the Committee notes that section 11 places the burden to prove the absence of any type of discrimination on the employer. Section 3 of the Law on Equal Opportunities of Women and Men prohibits discrimination based on gender in the fields of employment, labour, education, social security, culture and sport; it establishes a procedure to determine unequal treatment, which also places the burden of proof on the other party once facts are presented from which it could be assumed that discrimination had occurred (section 39). The Committee also notes that article 137 of the Criminal Code punishes with imprisonment any infringement of the principle of equality of rights of citizens, including rights provided by the Constitution, by law or by ratified international covenant, for reasons of “gender, race, colour of skin, national and social origin, political and religious belief, wealth and social position, language and other personal characteristics”. The Committee requests the Government to provide information on the following matters:

(a)  the practical application of sections 6, 7 and 12 of the Labour Relations Law, section 3 of the Law on Equal Opportunities of Women and Men, and article 137 of the Criminal Code, including relevant judicial and administrative decisions;

(b)  how the workers referred to in section 4(3) of the Labour Relations Law are protected with respect to the principle of equality of opportunity and treatment;

(c)   whether any laws have been adopted or are envisaged, pursuant to section 3 of the Labour Relations Law, regulating the public sector;

(d)  what measures have been taken or envisaged to foster knowledge of article 137 of the Criminal Code among workers and employers in the light of the concluding observations of the UN Committee on the Elimination of Racial Discrimination (CERD/C/MKD/CO/7, 13 June 2007, paragraph 19) regarding the lack of recourse to that provision.

Sexual harassment. The Committee notes that section 9 of the Labour Relations Law prohibits sexual harassment. The Committee draws the Government’s attention to its general observation of 2002 and requests the Government to provide information on the practical application of section 9 of the Labour Relations Law, including information on any relevant judicial or administrative decisions.

Article 1(2). Inherent requirements of a particular job. The Committee notes that, according to section 8 of the Labour Relations Law, there can be exceptions from the general prohibition of discrimination provided for in section 6 of the Law when these exceptions are justified in light of the work to be performed by the worker or the conditions under which it is to be performed, and thus represents a “real and determining condition for carrying out the work”. The Committee recalls that, pursuant to the Convention, such exceptions are to be limited to a particular job based on the inherent requirements thereof, which must be interpreted strictly, so as not to result in undue limitation of the protection provided under the Convention (see General Survey, 1988, paragraphs 125–126). The Committee requests the Government to provide full information on the application of section 8 in practice, including examples of what has been considered to represent a real and determining condition for carrying out work.

Article 1(3). Definition of employment and occupation. The Committee notes that section 6 of the Labour Relations Law prohibits discrimination on the enumerated grounds with respect to both jobseekers and employees. Paragraph 2 of the same section explicitly applies the principle of equality of opportunity and treatment between men and women to “access to employment, promotion, training, education, retraining, salaries and other income arising from employment, absence from work, working conditions, working hours and termination of the employment contract”. Given the different formulation of paragraphs 1 and 2, of section 6 of the Labour Relations Law, the Committee requests the Government to indicate the significance of this difference, and how it is ensured that the principle of equality of opportunity and treatment applies to all aspects of employment and occupation in cases other than those dealing with gender discrimination.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes that the National Action Plan for Gender Equality (2007–12) was adopted in May 2007, the main objectives of which are the adjustment of domestic legislation to international standards, the removal of gender stereotypes and prejudices, the achievement of a more balanced choice of educational careers, including the promotion of girls’ enrolment in technical schools, the elimination of all forms of discrimination in the labour market, the decrease of female unemployment and the increase of women’s participation in decision-making by fostering their representation in public bodies, notably executive, legislative and judicial organs. This appears to be undertaken pursuant to the measures foreseen in the Law on Equal Opportunities of Women and Men. The Committee, however, notes the persistence of women’s disadvantaged position in the labour market resulting from deep-rooted stereotypes regarding the roles and responsibilities of women and men in family and society (CEDAW/C/MKD/CO/3, 3 February 2006, paragraph 19) as well as the difficulties encountered by Roma and Albanian women in having access to education and employment (ibidem, paragraph 27). The Committee encourages the Government to continue its efforts to promote equality of treatment and opportunity between men and women in the labour market, and requests it to provide full information on the measures taken or envisaged to implement the National Action Plan for Gender Equality, as well as the outcome of such measures, including with respect to Roma and Albanian women.

Promotion of equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the information provided in the Government’s report under the Framework Convention for the Protection of National Minorities, that a national strategy for the Roma was adopted in January 2005, followed by a National Action Plan designed to implement this strategy in four areas, including employment and education. The Committee also notes from the second opinion of the Advisory Committee charged with monitoring the Council of Europe’s Framework Convention of the Protection of National Minorities that approximately 70 per cent of the Roma are currently not in formal employment and that due to their low level of educational attainment and qualification, as well as discrimination faced in the labour market, many of them have little chance of finding jobs (ACFC/OP/II(2007)002, 23 February 2007, paragraph 55). The Committee requests the Government to provide information on the measures taken to implement the National Strategy for the Roma in the areas of employment and education and the impact of such measures. The Committee also requests the Government 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.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that under section 246 of the Labour Relations Law, the Economic and Social Council is established as a forum of dialogue between the Government and the social partners for the purpose of fostering cooperation with employers’ and workers’ organizations in the protection and promotion of workers’ rights. The Committee also notes that section 12 of the Law on Equal Opportunities of Women and Men obliges the Government to cooperate with workers’ and employers’ organizations in designing measures to achieve equality of opportunities between men and women in the labour market. The Committee requests the Government to provide information on any activities of the Economic and Social Council relevant to the promotion of the principle of equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to supply information on the cooperation established with the social partners under the Law on Equal Opportunities of Women and Men.

Article 3(c). Legislative and administrative developments. The Committee notes that pursuant to section 14 of the Law on Equal Opportunities of Women and Men, the Ministry of Labour and Social Policy is required to submit proposals for the enactment, the amendment or the integration of laws and other regulations which can enhance the principle of equality of opportunities between men and women. The Committee requests the Government to provide information on the steps taken by the Ministry of Labour and Social Policy under section 14 of the Law on Equal Opportunities of Women and Men.

Article 3(d). Public sector. The Committee notes that the Law on Equal Opportunities of Women and Men calls upon public bodies to adopt periodic plans for the promotion of gender equality embracing, in particular, positive measures to promote equality of opportunity between men and women in the fields of education and professional training. Moreover, under section 13 of the Law, a Coordinator is appointed within each Ministry with the mandate to coordinate initiatives to promote equality of opportunity between men and women within the sphere of action of the respective Ministry, in cooperation with the Ministry of Labour and Social Policy. In particular, the Committee notes that the Coordinator has the obligation to submit to the Ministry of Labour and Social Policy an annual report on the initiatives undertaken. The Committee requests the Government to provide information on the number and content of the periodic plans for the promotion of gender equality adopted by public bodies as well as information on the periodic reports submitted by the Coordinators of the various Ministries. The Committee also requests the Government to supply information on whether any fines have been imposed on public bodies and Coordinators for non-observance of their obligations under the Law on Equal Opportunities of Women and Men. Please also provide information on the application of section 22 of the Labour Relations Law, including statistical information on the employment of ethnic groups in the public sector, disaggregated, when possible, by position and occupation.

Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measures and national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, and provide particulars of the right of appeal available to the persons concerned.

Article 5. Special measures. Workers with family responsibilities. The Committee notes that section 8(2) of the Labour Relations Law refers to special measures for, inter alia, parents, adoptive parents and the dependants, and the protection of motherhood, set out in laws, collective agreements and employment contracts, which are not to be considered discriminatory. Section 101 prohibits dismissal due to parenthood. The Committee notes further that, according to section 161, workers shall be entitled to special protection in connection with pregnancy or parenthood. In particular, section 161(2) lays down the employers’ obligation to facilitate the employees’ easier coordination of family and professional obligations. The Committee also notes that section 164 of the Labour Relations Law sets out limitations on the performance of night and overtime work for women with young children, as well as men in case of the mother’s death, abandonment or incapacity. The Committee requests the Government to provide any information on how sections 8(2), 101, 161 and 164 have been applied in practice. The Committee also requests the Government to provide information on whether any consideration is being given to extending the rights under section 164 to women and men on an equal footing.

Part III of the report form. The Committee notes from the Government’s report that the application of the relevant national legislation concerning the principle of equality of opportunity and treatment between men and women is entrusted to the Department for Equal Opportunities established within the Ministry of Labour and Social Policy. The Committee also notes that pursuant to the Law on Equal Opportunities of Women and Men, a number of Commissions for Equal Opportunities are created at the level of local self-government units. In addition, an Ombudsperson is mandated to deal with cases of violations of the principle of equal opportunities between men and women by public bodies. With respect to discrimination on the grounds set out in section 6 of the Labour Relations Law, this appears to be supervised by the labour inspectorate, pursuant to section 256. There also appears to be a role for mediation (section 182), and possibly arbitration (section 183) under the Law. The Committee requests the Government to provide information on the activities of these bodies relating to the application of the principle of equality of opportunity and treatment in respect of employment and occupation. Please also indicate any other authorities charged with applying the principle of the Convention.

Parts IV and V. The Committee encourages the Government to gather and submit information on judicial and other decisions involving questions of principle relating to the application of the Convention, including information on the results of the procedure for determining unequal treatment of women and men regulated by section 23 of the Law on Equal Opportunities of Women and Men. Please also provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by race, colour and national extraction.