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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - North Macedonia (Ratification: 1991)

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 information contained in the Government's report received in September 2020.

Articles 2 and 3 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. In reply to its previous comments, the Committee welcomes the statistical information provided by the Government concerning the number of persons with disabilities registered with the Employment Service Agency of the Republic of North Macedonia (ESARNM) between 2015 and 2018, disaggregated by age, type of disability, and educational level. The Committee notes, however, that these statistics show a significant difference in the level of economic participation of men and women with disabilities. In particular, the Government reports that as of December 2018, 1,328 unemployed persons with disabilities were registered with the ESARNM (66.9 per cent men and 33.1 per cent women). The Government indicates that most of those registered have no education or have only completed primary education (54.4 per cent). It adds that the majority (46.9 per cent) are between 30 and 49 years old, while those 50 years old or over constitute 37.1 per cent of those registered. The Committee notes the information provided by the Government with regard to the subsidies granted in accordance with the Law on Employment of Persons with Disabilities to employers who either employ persons with disabilities on the basis of employment contracts without limit of time, implement workplace adaptations, or provide special equipment to workers with disabilities. In 2018, 210 employers and 211 workers with disabilities benefited from these subsidies. Furthermore, the Government indicates that, since 2015, a total of 209 persons with disabilities have established their own companies with assistance from the national Self-Employment Programme. The Programme provides support (including entrepreneurship and business planning training, grants in the form of equipment or materials, and advisory or mentoring support) to registered unemployed persons to help them establish their own businesses. The Committee nevertheless notes the concluding observations of the UN Committee on the Rights of Persons with Disabilities (CRPD) in which it expressed concern that “persons with disabilities and public and private employers in North Macedonia are not fully aware of the rights of [persons with disabilities] and opportunities for employment in the open labour market” (document CRPD/C/MKD/CO/1, of 29 October 2018, at paragraph 45(c)). Finally, the Committee notes that the Government does not indicate the manner in which persons with disabilities who are not registered with the ESARNM are afforded the protections provided by the Convention. The Committee requests the Government to provide detailed updated information on the nature and impact of policies, programmes and measures developed and implemented to ensure the effective participation of persons with disabilities in the labour market, including updated statistical data, disaggregated by sex, age and occupation, on the number of men and women workers with disabilities who have been placed in employment on the open labour market and who have benefited from vocational guidance and training. The Committee reiterates its request that the Government describe the manner in which persons with disabilities who are not registered with the ESARNM are afforded the protections contemplated under the Convention.

Article 4. Equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Committee notes that, in its 2018 concluding observations, the CRPD expressed concern that article 9 of the Constitution of the Republic of North Macedonia, which sets out the principle of equality and non-discrimination, does not mention disability as a prohibited ground of discrimination, noting that there are no penalties in national laws for public or private institutions or for individuals that discriminate against persons on the basis of disability, nor are effective legal remedies available. The CRPD also expressed its concern about “discrimination against and inequalities in employment and working conditions for persons with disabilities, particularly women, notably in several provisions of the Law on Civil Servants”. It further noted that the Law on Labour Relations does not specifically require employers to provide reasonable accommodation (workplace adjustments) (document CRPD/C/MKD/CO/1, paragraphs 7 and 45). In this context, the Committee notes from the 2020 report of the Council of Europe on the implementation of the European Social Chapter by North Macedonia, the adoption on 26 May 2019 of the new Law on Prevention and Protection against Discrimination, which prohibits discrimination based on several grounds, including disability. The law prohibits discrimination in several areas, such as employment. It also regulates the appropriate adjustment and accessibility of infrastructure, goods and services, and prescribes fines applicable to the public and private sectors in case of non-compliance with such provisions. Nevertheless, the Committee notes that the new law was repealed by the Constitutional Court in May 2020 on the basis that the procedure for its adoption was flawed and therefore unconstitutional. Lastly, the Committee notes from the 2020 report of the Council of Europe the implementation of the National Strategy for the Equalisation of the Rights of Persons with Disabilities – Revised (2010–11), which contemplated the adoption of measures to support organizations of persons with disabilities and their participation in the decision making on persons with disabilities-related issues. With regard to women with disabilities, in its 2018 concluding observations, the CRPD expressed its concern that existing legislation, particularly the Law on Prevention of and Protection against Discrimination and the Law on Equal Opportunities for Women and Men, do not contain specific measures on women and girls with disabilities, and as a result, women and girls with disabilities face multiple and intersecting forms of discrimination and exclusion in all areas of life (document CRPD/C/MKD/CO/1, paragraph 11(a)). In light of the observations of the Committee on the Rights of Persons with Disabilities (CRPD), the Committee requests the Government to provide information on the legislative framework as well as on steps taken to ensure effective equality of opportunities and treatment in employment and occupation in practice in the public and private sectors between women and men with disabilities, and between workers in general and workers with disabilities, including the provision of reasonable accommodation. In particular, the Committee requests the Government to indicate the measures taken to ensure effective legal protection from employment-related discrimination for persons with disabilities following the May 2020 decision of the Constitutional Court. The Committee further requests the Government to indicate whether the National Strategy for the Equalisation of the Rights of Persons with Disabilities, which expired in 2011, was replaced with a new one.

Article 5. Consultation of the representative organizations. In its previous comments, the Committee requested the Government to provide information on the manner in which representative employers’ and worker’s organizations, as well as representative organizations of and for persons with disabilities are consulted on the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. It also requested the Government to provide information on the impact of the 2013 Memorandum of Cooperation signed between the Ministry of Labour and Social Policy and the Chamber of Commerce of the former Yugoslav Republic of Macedonia to promote vocational rehabilitation and employment of persons with disabilities on the open labour market and their integration into society. The Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government provide detailed updated information on the manner in which representative employers’ and worker’s organizations, as well as representative organizations of and for persons with disabilities are consulted on the implementation of the policy on vocational rehabilitation and employment of persons with disabilities, including on the impact of the Memorandum of Cooperation established to support persons with disabilities.

Articles 7 and 8. Services accessible to persons with disabilities, including in rural and remote areas. In reply to the Committee’s previous comments, the Government indicates that the ESARNM implements different types of active employment programmes, measures and services, focusing on increasing the inclusion of groups in vulnerable situations, such as persons with disabilities. In this context, the Government refers to the implementation of the “Preparation for Employment and Work” programme, which provides training on a broad range of topics such as personal development, job search and communication skills for young unemployed people up to 29 years old with special programmes tailored to persons with disabilities. The Committee requests the Government to provide updated detailed information on the nature and impacts of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment, particularly those available in rural and remote areas.

Article 9. Training of staff responsible for persons with disabilities. In reply to the Committee’s previous comments, the Government indicates that training was provided to ESARNM in the framework of the project “Pilot action for approaching the right of persons with disabilities to work”. The Government adds that the training introduced a new approach and methodology for working with persons with disabilities to promote their opportunities for employment. The Committee requests the Government to provide information on the nature and content of the training provided to improve the specific skills of ESARNM staff who provide vocational rehabilitation and employment-related services, including career counselling and guidance to persons with disabilities, as well as on the impact of the training provided.

In the context of the global pandemic of COVID-19, the Committee recalls the broad guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance for the development and implementation of measures in areas such as education, vocational training and retraining, and employment, that effectively respond to the profound socioeconomic effects of the pandemic. For instance, Paragraph 7(h) of Recommendation No. 205, provides that, in taking measures on employment and decent work in response to crisis situations, Member States should take into account the need to pay special attention to population groups and individual who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID-19 pandemic on the implementation of vocational rehabilitation and employment policies and programmes for persons with disabilities.