Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - North Macedonia (Ratification: 1991)

The Committee notes with interest the adoption of the Resolution on Migration Policy of the Republic of North Macedonia 2021–2025 (the Migration Policy). Its general purpose is to create institutional and other prerequisites for the development of a sustainable and comprehensive framework for managing legal and illegal external migration, to promote the development of the country. The Committee notes, however, that the Government does not explicitly indicate the legal provisions which apply to each specific Article of the Convention. Therefore, the Committee once again requests the Government to indicate the relevant legal provisions in force for each of the questions in the report form, and to provide a summary of these provisions, in one of the official languages of the ILO.

Article 1 of the Convention. Basic human rights for all migrant workers. The Committee notes, from the Migration Policy 2021–2025 that Article 29 of the Constitution, which provides that foreigners enjoy freedoms and rights guaranteed by the Constitution, under conditions regulated by law and international agreements, appears to apply only to migrants in a regular situation. In this regard, the Committee recalls that Article 1 of the Convention, lays down the general obligation to protect the basic human rights of all migrant workers, including those who are in an irregular situation. In this regard, the Committee refers to its General Survey of 2016 concerning the migrant workers instrument, paragraphs 276 to 280. The Committee therefore once again requests the Government to provide further information on the legislative and other measures taken to ensure that the protection of basic human rights covers all migrant workers, including those who are in an irregular situation.

Articles 2 and 3. Measures to prevent and address irregular migration and the illegal employment of migrant workers. The Committee notes the Government’s information on various trainings provided in 2016, including: (1) trainings provided to 60 social workers working with asylum seekers for the identification of victims of human trafficking; (2) a two-day training held in Struga on the gender dimension of human trafficking, designed for police officers, social workers and civil associations; and (3) trainings organized by the National Commission for Combating Human Trafficking and Illegal Migration with the support of the International Organization for Migrations (IOM), for the application of Standard Operating Procedures (SOPs) in the identification of unaccompanied migrant children. The Government also indicates that the prosecution of perpetrators prevented the smuggling of 1,005 migrants from Afghanistan, Iraq, Pakistan, Somalia and Syria.

The Committee also notes, from the Migration Policy 2021–2025 that: (1) Strategic Outcome 4 of the Policy is to strengthen the national capacities for timely, efficient and effective prevention, detection and management of illegal migration; (2) the Government adopted the National Strategy for the Development of Integrated Border Management (2015–19) and (2021–25), which contain a methodology for risk management and for implementation by the border police; and (3) the Government adopted the National Strategy for Combating Trafficking in Human Beings and Illegal Migration (2021–25), which envisages specific strategic objectives and activities aimed at improving the detection process of cases of human trafficking and which shall contribute to the timely identification and protection of every victim of human trafficking, while ensuring the application of international standards. In that regard, the Committee recalls that the Republic of North Macedonia has ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Committee asks the Government to continue to provide information on the measures taken, including within the framework of the Migration Policy 2021–2025 and the National Strategy for Combating Trafficking in Human Beings and Illegal Migration (2021–25) to: (i) suppress irregular migration, including trafficking in persons, and the illegal employment of migrants; (ii) detect and punish the organizers of illicit or clandestine movements of migrants for employment and those who employ migrant workers in an irregular situation; and (iii) provide information on the results achieved to this end. Further, noting the lack of information provided, the Committee once again asks the Government to provide information on: (i) the activities of the National Commission for Combating Trafficking in Human Beings and Illegal Migration, the National Coordination Centre for Border Management, the Public Prosecutors Office and the National Rapporteur; and (ii) whether employers’ and workers’ organizations are consulted and are able to furnish information with a view to identifying irregular migration and the employment of migrants in abusive conditions.

Article 4. Measures to establish systematic contact and exchange of information with other States. The Committee notes, from the Migration Policy 2021–2025, that: (1) Strategic Outcome 5 is to build partnerships and international cooperation in the field of migration; (2) efforts are made to maintain the bilateral and international cooperation in the field of migration and to building new partnerships; and (3) the Republic of North Macedonia is a signatory to the Global Compact for Safe, Orderly and Regular Migration, the first intergovernmentally negotiated United Nations agreement on a common approach to managing international migration. The Committee requests the Government to provide more specific information on the measures taken, including within the framework of the Migration Policy 2021–2025, to establish systematic contact and exchange of information with other States on measures to suppress clandestine movements of migrant workers and the illegal employment of migrants, and against the organizers of such activities. It also once again requests the Government to include detailed information on the results achieved to this end so far.

Article 5. Authors of trafficking for labour purposes. The Committee notes the Government’s indication that, pursuant to sections 116 to 119 of the Criminal Code, criminal offences committed abroad may be prosecuted regardless of the country in which they are committed, if the offenders are caught on the territory of the Republic of North Macedonia or if they are extradited to North Macedonia. The Government further states that the trafficking of persons is a criminal offence under section 418 of the Criminal Code and therefore, perpetrators can be prosecuted regardless of the country in which they conduct their activities and whether contracts are concluded in this regard at the national and international level. Finally, the Government adds that it is a party to the European Convention on Extradition and the European Convention on Mutual Cooperation in Criminal Matters and that bilateral agreements on international legal cooperation in criminal matters have been ratified. The Committee takes note of this information, which addresses its previous requests.

Article 6. Effective detection of the illegal employment of migrant workers. The Committee notes the Government’s indication that, in 2016, an attempt to smuggle 1,961 migrants, mostly from Afghanistan, Iran, Iraq, Pakistan and Syria was revealed. According to the measures taken, more than half of the cases have been resolved, and measures of criminal prosecution were undertaken for the criminal act of “smuggling of migrants” against 93 persons (out of which 19 were foreign citizens). The Committee further notes, from the information contained in the Migration Policy 2021–2025, that between 2017 and 2019, the Ministry of Interior filed: (1) 117 criminal charges against 194 perpetrators for the smuggling of migrants under section 418(b) of the Criminal Code; and (2) six criminal charges against 41 perpetrators for organizing a group for committing crimes of human trafficking and smuggling of migrants under section 418(c) of the Criminal Code. In the same period, the Basic Public Prosecutor’s Office for Prosecution of Organized Crime and Corruption filed 107 charges against 173 persons, which ended with a total of 99 first instance verdicts. The Committee notes, from the 2023 Third Evaluation Round Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA), that: (1) trafficking victims can claim compensation by joining the criminal proceedings as injured party, but this rarely happens in practice. In most cases, victims are referred to a civil court to claim compensation, but no information is available on whether this ever happens; (2) a National Unit for Combating Trafficking in Human Beings and Smuggling of Migrants (Task Force) was set up; and (3) there has been an increase in the number of convictions. However, in most of the child trafficking cases and in all adult trafficking cases examined by GRETA, the sentences were well below the statutory minimum. The Committee requests the Government to continue to provide information on the proceedings initiated against those illegally employing migrant workers and against the organizers of irregular migration, including trafficking in persons (indicating the details of the case, the outcome of the proceeding and any remedies granted and penalties imposed). It also requests the Government to provide information on the activities of the competent authorities, including the labour inspectorate and the National Unit for Combating Trafficking in Human Beings, aimed at detecting the presence of illegally employed migrant workers or the organization of clandestine migration for employment.

Article 7. Consultations with workers’ and employers’ organizations. Recalling that pursuant to Article 7 of the Convention, workers’ and employers’ organizations shall be consulted in regard to the issues covered by the Convention, the Committee requests the Government to take the necessary measures to involve the social partners in the legislative and practical initiatives designed to detect, eliminate and prevent migration in abusive conditions and the illegal employment of migrant workers. The Committee also requests the Government to provide information on any measures taken or envisaged in this regard.

Article 8(1) and (2). Legal status in the event of loss of employment. The Committee notes the Government’s statement that, with the loss of employment, the reason for allowing temporary residence to a migrant worker ceases to exist and the right to temporary residence is revoked in accordance with section 84 (1)(9) of the Law on Foreigners. In this regard, the Committee wishes to remind the Government that Article 8 of the Convention expressly requires that: (1) the temporary permission to reside in the country should not be revoked where the migrant loses his or her employment prematurely; and (2) the migrant worker shall enjoy equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining, for the duration of his or her residence permit (see the General Survey of 2016, paragraphs 428–434 and 441–445). The Committee requests the Government to indicate the measures taken or envisaged, including through legislative amendments: (i) to ensure that the mere loss of a migrant worker’s employment, does not automatically imply the withdrawal of his or her temporary authorization of residence or work permit; and (ii) that such workers enjoy equality of treatment with nationals in the areas referred to in Article 8(2).

Article 9(1) and (2). Equality of treatment in respect of rights arising out of past employment.The Committee once again requests the Government to provide information, including reference to the specific provisions of the relevant legislation, on: (i) the measures taken to ensure that migrant workers in an irregular situation enjoy equality of treatment with regularly admitted and lawfully employed migrants in the country in respect of the rights arising out of past employment, as regards remuneration, social security and other benefits; and (ii) any cases concerning breaches of equality of treatment brought before the courts and the final decisions handed down. Once again recalling Paragraph 33 of the Migrant Workers Recommendation, 1975 (No. 151), the Committee also requests the Government to provide information on the measures taken or envisaged to amend section 151(6) of the Law on Foreigners with a view to permitting migrant workers who contest an expulsion order to reside in the country for the duration of the case.

Article 9(3). Costs of expulsion. The Committee notes that section 164 of the Law on Foreigners provides that costs arising from a foreigners’ temporary detention in the reception centre as well as the costs arising from his or her deportation shall primarily be borne by the foreigner, and that in cases where the foreigner has no means, it shall be borne by, in order: (1) the carrier that brought the foreigner without a valid permit to the country; (2) the person who took an obligation to cover the expenses of the foreigner during his stay; or (3) the Government. The Committee once again draws the Government’s attention to paragraph 310 of its General Survey of 1999 on migrant workers, in which it indicates that: (a) if the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her, the cost of his or her return, as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) if, on the contrary, the migrant worker is in an irregular situation for reasons which can attributed to him or her, only the costs of expulsion may not fall upon the migrant. Therefore, the Committee once again requests the Government to take the necessary steps to amend its legislation to bring it in line with the requirements of Article 9(3) of the Convention, and to report on the progress made.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes, from the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) Country Gender Equality Profile (2023), that: (1) the country has policies in place to address discrimination, but that there are no specific frameworks focusing on discrimination against migrants; and (2) the Gender Equality Strategy 2022–2027 specifically mentions migrants and asylum seekers in relation to access to justice only. The Committee once again recalls that Article 10 of the Convention requires ratifying states to declare and implement a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms of persons who are migrants or as members of their families lawfully in the territory, and that this policy should cover both permanent or temporary migrant workers. It wishes also to stress that Article 12 of the Convention specifies some of the measures to be taken in the framework of a national policy on equality of opportunity and treatment. The Committee again requests the Government to indicate the measures envisaged or taken, in consultation with workers’ and employers’ organizations, to develop a national policy on equality of opportunity and treatment expressly providing for equality of opportunity and treatment between migrant workers in a regular situation in the country and nationals, including the elements indicated in Article 12(a)-(g) of the Convention.

Article 11. Definition of migrant worker. The Committee notes that, pursuant to section 2(9) of the Law on Foreigners, the term “short-term stay” means a duration of no more than 90 days in any 180-day period, unless stated otherwise in the Law or in an international agreement. However, this definition relates to all foreigners entering the country and not specifically to the maximum periods for the purpose of Article 11(2)(b) and (e) of the Convention. The Committee refers the Government to its comment on this point formulated on the application of the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee once again requests the Government to specify the maximum period laid down for the purposes of Article 11(2)(b) and (e) of the Convention.

Article 14. Free choice of employment and restrictions. The Committee notes the Government’s indication that, pursuant to section 31 of the Law on Administrative Officers (no. 27 of 5 April 2014), it is a general requirement that candidates for public administration jobs be citizens of the Republic of North Macedonia. The Government adds that the law provides for exceptions, such as for qualified healthcare workers (section 158 of the Law on Health Protection 2012) and foreign language teachers (section 81 of the Law on Primary Education 2008). In this regard, the Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of employment or functions and are necessary in the interests of the State, as indicated under Article 14(c) of the Convention. The Committee once again requests the Government to indicate if, in practice, restrictions are imposed regarding the free choice of employment of migrant workers with a personal or temporary work permit and members of their close families, for example assuring migrant workers the right to geographical mobility subject to the conditions that he/she has resided lawfully in its territory for the purpose of employment for a prescribed period.

Application of the Convention in practice. The Committee takes note of the information provided by the Government on certain cases initiated against companies or individuals for the employment of a foreigner against the law and on the penalties imposed. The Committee requests the Government to provide information on the monitoring activities, especially those carried out by the labour inspectorate services relating to the application of the Convention, including details on their findings, and on any other initiatives taken by the competent bodies with a view to promoting the application of the Convention.

Statistics. The Committee notes, from the information contained in the Migration Policy 2021-2025, that the period June 2015 to March 2016 saw a decrease in illegal migration (smuggling of migrants, human trafficking, asylum seekers, readmission), but there was a further increase in recent years. It further notes that, in its 2023 Evaluation Report, GRETA welcomed North Macedonia’s progress in developing the legislative anti-human trafficking framework but called for its better implementation in terms of victims’ access to justice and effective remedies. According to the GRETA Report: (1) the Republic of North Macedonia is a country of origin, transit and destination of victims of trafficking in human beings; (2) 2 victims of trafficking were formally identified in 2017 (both children), 9 in 2018 (6 children and 3 adults), 6 in 2019 (4 children and 2 adults), 7 in 2020 (6 children and 1 adult), 48 in 2021 (6 children and 42 adults), and 7 in 2022 until 1 September (6 children and 1 adult); and (3) more than half of the victims (41) were female, 32 victims were nationals of North Macedonia, foreign victims mainly originated from Taiwan (35 men and 4 women). The remaining eight foreign victims originated from Albania, Bosnia and Herzegovina, Russia, Serbia and Turkey. The main form of exploitation of the identified victims was labour exploitation (42), followed by sexual exploitation (15), forced marriage (13), forced begging (3), and a combination of forced marriage and sexual and/or labour exploitation (4). The Committee requests the Government to continue to provide statistics disaggregated by sex, age and nationality on migration flows from and to the Republic of North Macedonia, including on the number of migrant workers entering, transiting or leaving the country in an irregular situation.