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

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

Legislative developments. The Committee notes, with interest, the Government’s indication, in its report, that the new Law on Prevention and Protection against Discrimination (LPPD) was adopted in 2020. It notes that the aim of the law is to: (1) determine the composition and work of the Commission for Prevention and Protection against Discrimination (CPPD) section 1; and 2 guarantee the principle of equality and prevent and protect against discrimination (section 2) in all matters including employment and occupation (section 3), based on all seven grounds of Article 1(1)(a) and additional grounds (section 5). The Committee requests the Government to provide information on: (i) the application in practice of the LPPD, more specifically on the number, nature and outcome of any cases or complaints of discrimination dealt with by the labour inspectors, the CCPD, the courts or any other judicial or administrative competent authority; and (ii) the activities of the CPPD to promote non-discrimination and equal opportunities and equal treatment in employment and occupation.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that section 10(2) of the LPPD defines sexual harassment as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating the dignity or creating a threatening, hostile, humiliating or intimidating environment, approach or practice” (in a similar manner than section 4(7) of the Law on equal opportunities for men and women of 2012). The Committee further notes that the Government does not provide information on the application in practice of its legislation defining and prohibiting sexual harassment (section 9(4) of the Law on Labour Relations of 2005, 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). The Committee requests the Government to confirm that the law covers both quid pro quo (sexual blackmail) and hostile environment sexual harassment at work. It also asks the Government to provide information on: (i) any preventive and awareness-raising measures implemented, in cooperation with the employers’ and workers’ organizations, to prevent and address sexual harassment in employment and occupation; (ii) the impact of these measures on the prevalence of sexual harassment in North Macedonian workplaces; and (iii) the application in practice of the legislative provisions regarding sexual harassment, including by providing information on the number, nature and outcome of any cases or complaints of sexual harassment dealt with by the labour inspectors, the CCPD, the courts or any other judicial or administrative competent authority.

Article 2. National equality policy. Discrimination based on sex. The Committee notes the Government’s indication that: (1) with the support from United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the Ministry of Labour and Social Policy prepared an assessment of the progress and impact of the National Strategy for gender equality (2013–2020) and the National Action Plan for gender equality (2018–2022); (2) based on this assessment, it developed and adopted the Strategy for Gender Equality (2022–2027) and the National Action Plan for gender equality (2022–2024); (3) it also adopted the National Strategy for Equality and Non-Discrimination (2022–2026) and its Action Plan (2022–2024); (4) in 2022, it passed a Decision on the establishment of a National Coordinating Body for monitoring non-discrimination situations and the implementation of laws, by-laws and strategic documents in this area; and (5) in 2022, it established a Resource Centre for Gender-Responsive Policy-Making and Budgeting, which has been conducting gender equality trainings for the benefit of public administration employees. While it takes due note of the adoption of national strategies and action plans, the Committee recalls that information on the concrete measures taken for the implementation of these various national strategies and action plans, as well as on the results achieved, is necessary to assess the application of the Convention in practice. The Committee further notes, from the UN Women Country Gender Equality Profile (2023), that the Government adopted the National Employment Strategy (2021–2027) and its Action Plan (2021–2023), which includes specific measures for women’s employment and access to labour-market services. More specifically, Outcome 2.3 states that all government policies, beyond those concerning labour, must aim to and/or specifically account for the reduction of informality in employment and increase the engagement of women in the labour market. The Committee welcomes all these initiatives. It must however reiterate its request to the Government to provide information on: (i) the measures taken, within the framework of the Strategy for Gender Equality (2022–2027), the National Strategy for Equality and Non-Discrimination (2022–2026), the National Employment Strategy (2021–2027) and their Actions Plans, to implement the principles enshrined in the Convention; (ii) the impact of such measures on gender equality in employment and occupation, including by providing updated data on the participation of women and men in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors; and (iii) the activities of the National Coordinating Body for monitoring non-discrimination situations and the Resource Centre for gender-responsive policymaking and budgeting.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, between 2016 and 2022, the CPPD dealt with a total of 52 complaints in the field of work and labour relations. Among these complaints, the CPPD found discrimination in 11 cases, in 23 cases it did not determine discrimination, while in 18 cases the petitions were rejected or the procedure was stopped. The Government further indicates that, in 2023, the CPPD dealt with 50 complaints in the field of work and labour relations. Among these, the CPPD found discrimination in 5 cases, in 21 cases it did not determine discrimination, while in 17 cases the petitions were rejected or the procedure was stopped, and 7 cases are ongoing. The most common grounds for discrimination were personal characteristics and social status, political opinion, education, and national or ethnic origin. The Committee notes, however, from the EC Non-Discrimination Report, that: (1) there appears to be some ambiguity when it comes to addressing discrimination complaints, as various laws provide different types of proceedings in similar cases (varying from monitoring conducted by inspectorates to misdemeanour procedures, litigation procedures, administrative procedures and criminal procedures); (2) the CPPD’s recommendations are not binding but if a person does not act on a recommendation, the CPPD must open a misdemeanour court procedure against that person; and (3) the CPPD has brought some cases before the misdemeanour court, however, due to a lack of resources, there is no systematic follow-up in the cases in which discrimination was found, which then spills over into a lack of systematic processing before the misdemeanour court. The Committee further notes, from the EC Gender Equality Report that statistical data on discrimination cases is not easily available and/or not reliable, due to the low transparency and documentation procedures of discrimination cases before the courts. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the number of cases of discrimination in employment and occupation dealt with by the CPPD, but also by the labour inspectorate and the courts. It asks the Government to include information on the outcome of these cases and to provide extracts of judicial decisions in this regard. The Committee also requests the Government to provide information on any proactive measures taken or envisaged to raise awareness of competent public officials and social partners on all forms of discrimination and the promotion of equal opportunities and treatment among the whole population, and to provide specific information on the activities carried out.