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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
14 November 2006
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Committee on Economic, Social
and Cultural Rights
14 November 2006
The Committee on Economic, Social and Cultural Rights has considered the initial report of The Former Yugoslav Republic of Macedonia on how that country implements the provisions of the Covenant.
Introducing the report, Ljupco Meskov, Minister of Labour and Social Policy, said there was still a lot of work to be done in the country, especially in the area of employment, social rights, healthcare, and advancement of the position of women with the purpose of uniform implementation of all provisions of the Covenant in all areas of its scope and extent. The report and the dialogue with the Committee were of great importance, as they provided clear directions on future activities in order to further improve the overall conditions in Macedonian society. The Government was committed towards rapidly fulfilling delayed obligations, and this had provided the initial, already clearly visible results.
Among issues raised by Experts during the debate were the Inter-Ministerial Human Rights Body and its duties and tasks, including whether the Paris Principles would be applied to its functioning; issues related to the situation of the Roma and why short consideration had been given to their situation in the report and in the list of issues when other reports showed that they continued to suffer wide-spread discrimination; what was the present situation with regards to the informal economy and what changes were being made to ensure that people were covered with regards to their rights and insurance; whether there was a poverty reduction strategy and if so did this incorporate economic, social and cultural rights, and what measures had been taken to combat or reduce poverty; and whether all the educational establishments at the various levels provided a human rights education curricula and whether there were human rights or civic education materials used as part of a continual educational subject matter.
In concluding remarks, Mr. Meskov said it had been a pleasure for the delegation to hold the dialogue with the Committee and discuss all the economic, social and cultural rights that were enshrined within the Covenant in terms of reporting to what extent these rights were exercised within the country. It was hoped that all items had been touched upon, and data presented on the exercise of the rights. Of course, certain comments and observations presented would be useful for the Government with regards to certain issues and in the future analysis and amendments to the Constitution. The aim of the Government had been to make the best possible effort to implement all the rights, and the answers provided would show the Committee how far it had progressed in this regard. In the future, the country would pay even more attention than it had in the past to the enforcement and exercise of all the rights enshrined in the Covenant.
Members of the delegation of The Former Yugoslav Republic of Macedonia included representatives of the Permanent Mission to the United Nations Office at Geneva, the National Inspectorate for Labour, the Agency for Employment, the Ministry of Health, the Ministry of Culture, the Ministry of Foreign Affairs, and the Ministry of Education and Science.
As one of the States parties to the International Covenant on Economic, Social and Cultural Rights, The Former Yugoslav Republic of Macedonia is obliged to present periodic reports to the Committee on how it is upholding the provisions of the treaty. The delegation attended three meetings over two days with the Committee Experts, presenting the report and answering questions. The Committee will issue its concluding observations and recommendations on the report towards the end of the session on 24 November.
The next meeting of the Committee will be at 10 a.m. on Wednesday 15 November, when it will take up the initial report of Albania (E/1990/5/Add.67).
Report of The Former Yugoslav Republic of Macedonia
The initial report of The Former Yugoslav Republic of Macedonia (E/C.12/MKD/1) says the rights guaranteed in the Covenant are incorporated in the legal system of The Former Yugoslav Republic of Macedonia through the 1991 Constitution, which contains a special chapter dedicated to economic, social and cultural rights. Not only in terms of their structure, but also in terms of the content of these rights, the Constitution fully incorporates the provisions of the International Covenant on Economic, Social and Cultural Rights. The rights and freedoms guaranteed by the Constitution, and further elaborated in the domestic legislation, are enjoyed by all citizens over whom the jurisdiction of The Former Yugoslav Republic of Macedonia extends. Protection of human rights and freedoms before the Constitutional Court is regulated by the rules of procedure of the Constitutional Court, according to which a citizen may demand protection of his freedoms and rights before the Constitutional Court.
In accordance with article 9 of the Constitution, all citizens have equal rights and freedoms irrespective of gender, race, skin colour, nationality and social origin, political and religious beliefs, property and social status. Accordingly, the Constitution recognizes all economic, social and cultural rights guaranteed under the International Covenant on Economic, Social and Cultural Rights equally for women and men. Additionally, gender equality is implemented throughout the entire legal system. There are numerous non-governmental organizations in the country working for the promotion of human rights, the elimination of discrimination against women and the attainment of gender equality. In the last several years, the many activities of the participants in the women’s movement have yielded great results.
Everyone has the right to education. Education is accessible to everyone under equal conditions. Primary education is compulsory and free. The applicable legislation regulating education applies equal treatment for pupils and students in terms of gender. Freedoms and rights of the individual and citizen can be restricted only in cases determined by the Constitution. The freedoms and rights of the individual and citizen can be restricted during states of war or emergency, in accordance with the provisions of the Constitution. The restriction of freedoms and rights cannot be based on sex, race, colour of skin, language, religion, national or social origin, property or social status. The restriction of freedoms and rights does not apply to the right to life, the prohibition of torture, inhuman or degrading treatment or punishment, the legal determination of punishable offences and sentences, or to the freedom of personal conviction, conscience, thought and religious confession.
Presentation of Report
LJUPCO MESKOV, Minister of Labour and Social Policy, said the initial report of “the Republic of Macedonia” covered an unusually long period for the standards of the Committee, and presented progress achieved in a number of areas, such as the education, healthcare, political participation, and non-Governmental sectors. There was still a lot of work to be done, especially in the area of employment, social rights, healthcare, and advancement of the position of women with the purpose of uniform implementation of all provisions of the Covenant in all areas of its scope and extent. The report and the dialogue with the Committee were of great importance, as they provided clear directions on future activities in order to further improve the overall conditions in Macedonian society. The Government was committed towards rapidly fulfilling delayed obligations, and this had provided the initial, already clearly visible results. On the road towards the advancement of the democratic processes in the country, there was a continuous developmental process. The universality of human rights, accepted through the principle of non-discrimination, was the cornerstone of the legal system; the acceptance of universality with regards to human rights issues could be recognised at both the normative and institutional level.
In order to follow the general intention of the global social changes, and in order to create a system which would incorporate the solutions from international legislation, changes were needed, in both the basic approach to legislation, and the individual legislative provisions. But much more visible was the need to build an institutional structural foundation which provided for the operational follow-up of the normative provisions. The country worked seriously on the preparations for the accession to the European Union, and the rapprochement of its institutions and legislation to European Union standards. Particular attention was paid to the corps of issues in the area of human rights and fundamental freedoms, as well as equal opportunities for every citizen. In this sense, the authorities would continue working with dedication in the area of economic, social and cultural rights, aware that true democratisation of the country was not possible without complete and unimpeded enjoyment of rights, which was greatly predetermined by a certain level of economic development of the country.
In order to overcome the unemployment problems, the Government had assumed the obligation to develop a National Strategy for Employment, for 2006-2010. This would be implemented through the National Action Plan for Employment 2006-2008 and other operational documents which would provide for its implementation in close cooperation with social partners. Protection at work, pursuant to the legislation of the Republic, was designed as a constituent part of the organization of work and the work process, and on that basis was provided for any worker and any gainful employment, regardless of the type and complexity of work, which was in accordance with the constitutional principle of the right of every employee to be protected at work. In relation to the Roma as an ethnic community, the Republic had made a significant step forward in comparison to other States.
Statement by Delegation
In an introductory statement to consideration of the first three articles of the Covenant, the delegation said that considerable progress had been made over the last few years with regards to equality between men and women. In March 2006, an election code was adopted, under which out of every three places on the candidate list, at least one belonged to the least-represented gender. This had resulted in out of 120 elected Members of Parliament, 37 being women, which was 30 per cent. In May 2006, the law on equal opportunities between men and women had been adopted. A committee on equal opportunities had been formed within Parliament, with the aim of proposing possible amendments to legislation, among other things. There were also local equal opportunity committees in charge of coordinating issues. The Macedonian Women’s Lobby had organised a forum, and had been admitted to the European Women’s Lobby.
Questions by Experts
Experts then raised a range of questions and issues, including the Inter-Ministerial Human Rights Body and its duties and tasks, including whether the Paris Principles would be applied to its functioning; issues related to the situation of the Roma and why short consideration had been given to their situation in the report and in the list of issues when other reports showed that they continued to suffer wide-spread discrimination; what was being done with regards to the Albanian and the Kosovar-Romani, Askhar and “Egyptian” minorities and what was the status of the last three minorities; the Ombudsman and his function, and the difference between his role and the courts as it appeared that the latter believed that economic, social and cultural rights were not part of their jurisdiction; to what extent non-governmental organizations had participated in the report and in which sections their input was included; was there a distinction between nationals and non-nationals with regards to the rights under the Covenant; whether there was any intent of allowing the national minorities to use the quota system with regards to elections; and whether there was an entity responsible for following up gender-equality policies.
Response by Delegation
Responding, the delegation said with regards to the Ombudsman’s Office, it had its own statistics on economic, social and cultural rights. The Office was not part of the State administration - it was considered and regulated by the Constitution as being completely independent. The part of the report prepared on the Ombudsman was prepared by that Office, as had been the relevant statistics, and the State had nothing to do with it. On the Inter-Ministerial Human Rights Body and its Action Programme on human rights, it was established in March 2006. So far, even though it had been operational for 7 months, there could not be a mention of its practices, as there had been changes in Government since, and it would be premature to do so. It would henceforth be responsible for the coordination and preparation of periodic reports, as well as having other competencies and abilities.
On the judicial system and the allegations that some judges and prosecutors had been appointed in a procedure which did not respect professional criteria and that political criteria had been predominant in their election, this kind of allegation was very widespread among the public, and there were certain cases of such kind of election and appointments. However, the Government was in the middle of deep judicial reforms, which meant that the complete system of election of judges had been changed, and a new independent body, the State Judicial Council would be established. The Government expected for the new system to have its own impact on addressing the issue that had been raised, the delegation said.
With regards to the Roma and related issues, the delegation said according to the Constitution, “the Republic of Macedonia” was possibly the only country in Europe where the Roma were recognised as a nationality, and they enjoyed all the rights that other nationalities enjoyed in the country. The enforcement of their rights was possibly a bit slower for the members of the community, possibly due to their educational level, and the Government therefore considered that special education and initiatives were necessary to inform them of their rights. As early as the beginning of the Decade for the Roma (2005-2015), the Government had established a National Working Group in which half of the members were Roma, and it included representatives from all Ministries. There were two Roma representatives in the Parliament. The member of the delegation who was speaking was a Roma herself. There was a strategy for the Roma in the country, and this had been developed by an Independent Expert and had been published.
Five years after the Framework Agreement, it was hard to speak about the status of the rights of the Albanian category of Macedonian citizens, the delegation said, asking for the Expert who had asked the question to specify further the reports according to which there was discrimination against ethnic Albanians. After the Expert read extracts of the independent report in this regard, the delegation said it would give further information on some issues later during the presentation of the report. On the issue of citizenship, there was no expert on the delegation who could respond to this question, but a clear picture would be given on what was the situation in this regard. On the alleged expulsion of categories of refugees from the Kosovo conflict of 1999, there were 196 asylum seekers in the country, and these had the right to accommodation and financial assistance, and to contact UNHCR and non-governmental organizations in respect of their refugee status. The Ministry of Labour and Social Policy was in charge of fulfilling their needs with regard to medical care. The law on employment of foreigners had provisions according to which persons with refugee status were allowed access to the labour market.
With regards to the Ombudsman and his connection to case law of the Macedonian courts, Mr. Meskov said the parallel which was made by the Expert was the result of some kind of misunderstanding. In the answers to the supplementary questions, there were the statistics of the Ombudsman’s Office on economic, social and cultural rights. Connecting this kind of issue with the additional question on direct application of the Covenant in case law was a mistake, as these were different issues. There were currently no cases of direct application of the Convention in the Republic. The Covenant was not a source of law for any court decisions, but this did not mean that economic, social and cultural rights were not guaranteed by the Constitution. Twenty-nine members of Parliament were Albanians, two were Roma, two were Turks, one was Bosnian, and one was Valak, the delegation said. The others were Macedonians. There had been proposals by Members of Parliament to apply the quota system to representatives of ethnic communities, but there was currently no intention of introducing quotas. Affirmative action was used to get rid of stereo-typical attitudes towards women in decision-making and Government.
There were various types of minorities, including the Ashkali and “Egyptians”, who had been contacted by the Government, and these had expressed the desire to not be recognised as a minority as were the Roma. Ashkali were a type of Roma, but they spoke Albanian. The “Egyptians” spoke Macedonian, but were Egyptians. In the country, there was not a huge problem with the citizenship of the Roma as there was in other countries such as Hungary and Romania. There were only 1,000 Roma who did not yet have citizenship. After the breaking up of Yugoslavia, many of the Roma born in the now-new countries could not receive their birth certificates, and this had caused a problem with regards to citizenship.
Regarding non-governmental organizations (NGOs) and their role in the preparation of the report, Mr. Meskov said that the Government had not directly consulted with representatives of the non-Governmental sector, however, data, research and reports of some NGOs had been consulted, and part of their findings and explanations were included in the report. The intention was to change this practice with regard to future reports. It was a constitutional provision that citizens were equal in their rights, but some rights, such as the right to employment and rights from the social sector were different for non-citizens. The refugees from Kosovo did not have refugee status, but they had humanitarian-assisted persons status, which gave them the same rights as refugees.
There was a law on equal opportunities between men and women, the delegation said, and its purpose was to promote the principle of establishing equal opportunities for men and women in all areas of social life. Those in charge of the implementation or overseeing the implementation were the Ministry of Labour and Social Policy and its authorised representatives. Complaints should institute proceedings for violated rights under this law. The Inspection Services were also in charge of overseeing the implementation of this law, and the Ombudsman also had a role to play in this regard. Training activities were being undertaken for all those involved in this law at a wide range of levels. The law contained provisions on equal pay and prohibiting discrimination based on gender. Greater awareness had been raised with regards to domestic violence thanks to an awareness programme, and shelters had been opened for victims. Regarding the economic status and empowerment of women in rural areas, unfortunately very little had been done, but in the forthcoming period, the Ministry of Labour and Social Policy envisaged many activities primarily focusing on this issue.
Questions by Committee Experts
In follow-up questions, Experts asked, among other things, if there was a link between the fact that there were no legal precedents in case law and the lack of awareness of the Covenant; the apparent lack of a comprehensive anti-discrimination law in fields such as housing, health-care, and access to services which were particularly relevant to the Roma people and whether the State party was considering devising such a law; whether ethnic language minorities faced difficulties when dealing with the courts; further issues linked Roma obtaining citizenship; and whether there could be a political party on the basis of ethnic appurtenance and whether this would be allowed.
Response by Delegation
Responding to these questions, Mr. Meskov said that judges were probably not aware of the Covenant, and the same problem was faced with regards to other international documents and treaties. International treaties became part of the domestic legal order, and it was therefore possible to base a court decision on the Covenant, for example. On the devising of an anti-discrimination law and the application of the principle of non-discrimination, the country considered that to have all the relevant provisions, which did exist in the legal order, systematised in one law, would be non-compatible with its basic commitments with regards to general policy, and that the existing concept of the Constitutional Order, which was based on the citizens, was sufficient. The laws on administrative procedure and on criminal procedure all guaranteed the right to submit an application in the mother tongue of the applicant. The total number of Kosovar refugees, the delegation said, was 1,928. They had different levels of recognition and status, with appurtenant rights. There was pluralism within the different ethnic identities, Mr. Meskov said, and there were representatives of the different ethnicities in the different political parties.
Taking up articles six to nine of the Covenant and introducing the cluster, the delegation said that in 2005, the law on labour relations had been adopted, and this prohibited discrimination for the first time on the basis of religious, ethnic or other factors. Regulated were also the conditions in which to arrange for representation in trade unions and for employers in the situation of collective agreements. The social dialogue was one of the main tools for promoting and protecting the democratic process, and therefore this law defined the function of the social dialogue. Within the process of drafting the law on labour relations and others, there had been active participation of the social partners. There had been amendments to the law on insurance and unemployment, as reducing the latter was one of the main objectives of the Government. There were certain positive trends on the labour market with regards to certain indicators such as reduction of the unemployment rate and increased employment. A new law on occupational safety and health was also being drafted.
Questions by Experts
In questions, Experts raised such issues as a request for updated figures on unemployment; long-term indicators for employment for the Roma; what targeted measures may have been taken with regards to women and employment; issues related to sexual harassment in the work place; what was the present situation with regards to the informal economy and what changes were being made to ensure that people were covered with regards to their rights and insurance; a request for benchmarks which should be achieved with regards to security of employment, to be set by the Government; whether there was any intention or plan to set up a National Minimum Wage; what was being done to address the problems faced by the Roma with regards to social services and care; whether there was any intention to reduce the number of limitations relating to the right to strike; figures with regards to national minorities other than the Roma; and whether unemployment benefits were paid and how much they amounted to.
Response by Delegation
Responding to these questions and others, the delegation said one of the main priorities of the Government was reduction of the unemployment rate. In 2004 it was 37.2 per cent and was slightly higher in 2005. There was progress, and it was hoped that this would continue in the future. The improvement of the situation on the labour market through indicators could be observed through the decrease of unemployment, and was currently 36.2 per cent. Such results were due to a complex series of measures and activities undertaken to stimulate employment. However, there was yet a need to implement activities and measures that would continue to contribute to the progress in the situation. The majority of unemployed were Roma, and the reasons for the huge number of unemployed were the educational and skills structure of this group, as only a very small number of these had completed secondary education. Operational plans had been developed with specific targets, indicators, budget and time frame in order to facilitate the reduction of unemployment of the Roma. There was also a particular focus on Roma women, who had to deal with discrimination on two levels. There was a difference between employment rates between men and women in general, which was due to the low level of activities undertaken by women. According to legislation, there was equal pay for equal work, but data showed that women earned less than men, however, this was decreasing. The lower the level of education of the woman, the greater the discrepancy in salary. In sectors where women were well represented, managerial positions were occupied by men.
On a law on sexual harassment, the delegation said there was no separate law on this, however there were provisions contained in the new law on labour relations of the country which defined harassment and sexual harassment. Furthermore, the law contained supplementary provisions against sexual immorality, including the statutory rape of incapable persons. The law on equal opportunities also contained provisions defining sexual harassment. On the number of cases that the Ombudsman had processed, there was no official data on this, but the non-Governmental sector, which operated an emergency helpline showed that the victims of this harassment required legal and informational support as to what organisation to apply to for address. However, there were no officially reported cases of sexual harassment.
The informal economy had a negative impact on the situation of the employment rate, and obstructed fair competition, slowing down economic development. With this in mind, the delegation said, after the adoption of the employment strategy until 2010, the Ministry of Labour and Social Policy, in cooperation with aligned Ministries such as the Ministry of Economy, would develop a special strategy aiming at reduction of this phenomenon. This was planned to be achieved through the amendment of several legal acts including on social insurance, and supervision measures and sanctions would be made more strict for those employed in the grey economy.
On social and welfare assistance, the delegation said this was formulated to stimulate people receiving welfare assistance to actively seek employment on the labour market. The law on pension and disability insurance had determined the amounts of the minimum pensions, of which there were three types. On legislation and whether provisions would be introduced to allow paternity leave, the new law on labour relations envisaged that women workers had the right to maternity leave of nine consecutive months, and the same article provided for the possibility that this be used by the father as well if the mother did not use up all her attributed leave. The new law on protection of employment contained all the specifications and restrictions included in European directives.
With regards to mentally disabled persons, or those suffering from moderate to severe handicaps, approximately 350 people had received financial support. About ten years ago, the question of special categories of insured persons was regulated by a law. The law on pension and disability insurance prescribed the levels of lowest and highest insurance, depending on accrued years of service, among other factors. There were limitations on the law on the base according to which the minimum amount of pension was determined. On whether the Government intended to institute a minimum salary, there was a process of negotiation ongoing in this regard. The lowest salary was established by the social partners and signatories to the collective agreement. In the past period, although collective agreements had been signed, there had been lengthy negotiations on the national level, but the social partners had not reached agreement on the minimum salary. The Government had no influence over the establishment of such a salary.
On the topic of the cooperation between trade unions, the Federation of Trade Unions of the country had applied for membership in the International Federation of Trade Unions, and had received observer status from the European Federation of Trade Unions, the delegation said. Until recently, there had been a special law on strikes, and the Labour Relations Law had generally regulated the way in which a strike was implemented. Trade unions had the right to organise a strike in order to safeguard the rights of their members if the requests were of an economic and social nature. A strike should not start before the process for reconciliation ended, unless it was a strike in solidarity.
Questions by Experts
In follow-up questions, Experts raised issues such as what was the level of unemployment for national minorities other than the Roma; and the employment of the disabled and how effective was the law on this topic. Responding to these questions, the delegation gave figures with regards to the participation of ethnic minorities on the labour market. The law on employment for people with disabilities had improved the figures for employment of those with special needs.
In further follow-up questions, an Expert asked whether efforts could be made to make secondary education compulsory and to decrease rates of drop-out; and the delegation said that constitutional amendments were being drafted to make secondary education compulsory, and it was hoped this would have a positive effect on raising the educational level. With regards to drop-out rates, the largest took place at the transfer from primary to secondary education, and this ranged from 6 to 66 per cent.
On articles ten to 12, Experts raised a range of issues and questions, including a request for data for the number of sentences handed down by the courts in order to reduce violent crime within the family and what was done to protect children from violence in the home as 69 per cent were reported to be confronted with violence; what the State party had done to increase registration of births in particular among the Roma; what efforts were being made to combat trafficking in persons and to combat child labour; issues linked to the privatisation of primary health care; why there was no universal coverage of primary health care for women; what was being done to encourage victims of domestic violence to report incidents; whether there was a poverty reduction strategy and if so did this incorporate economic, social and cultural rights, and what measures had been taken to combat or reduce poverty; issues linked to housing rights, in particular with regards to the Roma; what had been done to return internally-displaced persons to their homes and whether any measures had been adopted to help them do so; what was being done to improve conditions of hygiene and detention in detention centres; what explained the increase in the number of children between the ages of one and four with congenital diseases; and what was the perspective with regards to the lowering of the age of consent.
Response by Delegation
Responding, the delegation said with regards to domestic violence against children and the number of instituted court proceedings, exact numbers of court cases could not be given, but there was information according to which in 2004, in the country, out of the registered 149 crimes, 42 of these were for crimes of neglect and abuse of minors. Violence against children was dealt with in the Criminal Code, and there was also other legislation regarding protection of children. Figures from non-governmental organizations (NGOs) reported increased numbers of calls on help-lines by children reporting cases of physical and mental violence perpetrated against them. On child labour, there was no official data nor registered cases of this form of abuse, but there was information from NGOs in support of the thesis that child labour took place, including children selling cigarettes and other items on the streets. Relevant measures were implemented to protect these children. The Ministry of Social Policy was working hard on this issue, which was very difficult to prevent, given the economic situation, but the goal of preventing and eventually eliminating child labour was part of the National Plan for Children.
With regards to domestic violence, this phenomenon had not been regulated in a separate law, however, all cases had been dealt with within the provisions of the Criminal Code. In March 2004, a law had been adopted to amend the Code which covered murder, bodily injury, crimes against human rights and freedoms, and others. In 2004, there were 149 crimes registered, and 806 minor offences, and 2,160 reports of domestic violence. Seven shelters had been established as well as a help-line. In the forthcoming period, a National Plan to fight violence against women, including domestic violence, was being created, and should fight this type of violence. On sensitisation and awareness-raising, a continuous campaign had been started on the subject in 2004, and it incorporated training for professionals. These campaigns and activities had caused an increase in reporting of incidents. The Government would continue these programmes and open more shelters.
At the moment, in the country, a transit centre had been opened that was also a centre for foreign nationals, which provided housing for victims of trafficking who were foreign nationals, the delegation said. Guardians were appointed for trafficked children and were in charge of protecting their rights and welfare. There was a strategy and a national action to prevent trafficking, and this established the strategic objectives and priorities in the context of this form of organised crime. Prostitution of minors had been reported by NGOs to be on the rise, and in this context, the Ministry of Labour and Social Policy had organised many training events, in particular for the professionals in centres for social welfare. The Ministry had also set up an office for counselling of victims of trafficking, there was a programme for re-socialisation and reintegration of the child victims, and there was a task force for combating trafficking in children in the Ministry of Labour. Research indicated that violence in the family was also related to the economic situation in the family, in particular unemployment of the parents.
There were reforms of the health care system, but despite this the Ministry of Health and the Government had decided to place the highest emphasis on the preventative sector, considering that prevention was a proven strategy, the delegation said. On the percentage of registered births, 98 per cent of all births took place in a medical institution, and the possibility for newborns to not be registered and thus not receive a birth certificate was minimal. Data indicated that 97 per cent of people had a birth certificate, and the problem of unregistered newborns was almost non-existent. Plans and programmes on the way in which the health sector could be involved in preventing family violence had been drafted. It was true that within the reforms of the health care system privatisation of primary health care had begun, but the Ministry was firmly determined that preventative health care was the cornerstone of efforts to preserve the health of the population, and this would therefore remain under the aegis of the public health system. With regards to the access of women to reproductive health services, the country had a long-stand tradition of promotion of the protection of motherhood, and there was a separate programme for the health of mothers and children.
There were medical facilities in most prisons, the delegation said. On the high rate of congenital anomalies, this was not the result of the overall deterioration of health, but was due to the result of the increase in quality of diagnosis of such conditions, with enhanced prenatal and obstetric services. On the implementation of secondary health protection in mountainous areas, the country had a wide-spread network of health care. There was an ongoing revision of the national strategy to combat poverty, and therefore there could be no clarification of what would be under this strategy. However, the Government believed the best policy was to increase the rate of employment, and would do this through various means, including intervening with financial assistance for employers who hired new staff. More specific data on this would be provided in the next report. On housing issues and whether the national action plan provided support to the Roma in this area, a complex document had been developed on housing policy. The adoption of the law on housing had established that any building built until 15 February 1968 was considered to be legally built, and the application of this would provide for the legalisation of many buildings. It also contained matters facilitating the access of the Roma to housing. The infrastructure of Roma settlements would also be improved.
The law on labour relations foresaw that an employment contract could be entered into by a person of above 15 years of age and who had the capability of doing so. Workers younger than 18 should not be ordered to work on difficult physical tasks, under-ground, underwater, or be exposed to ionising radiation, or any job that could have negative effects on their health, nor should they work a full working day or during a night shift. They should be provided with security by more experienced and older workers, and have a longer provision for annual leave. On internally-displaced persons, the most recent data was that there was 725 persons who had still not returned to their homes, or 234 families, 179 of which were still housed in collection facilities, the others living in host families. This number of internally-displaced persons, compared to the numbers of three years ago, was just one percent. Regarding detention conditions, Mr. Meskov said the situation was not the same in all prisons. In one prison, the situation had been underlined, and over the last year, several major investments had been made with the aim of improving the hygienic situation and to relieve the institution of the large number of prisoners.
On marriages between minors in the Roma community, the delegation said that several years ago this was indeed a great problem, as many Roma girls were married at a very young age, with health implications and impact on their status. Fortunately, over the last period, the percentage of adolescent marriages had decreased greatly. The problem had not been eliminated, however, and the key to the problem was education. Persons of between 16 and 18 years of age could marry with written parental consent from both parties, after which a permit was issued. Prostitution of minors was followed, and was prohibited by law, but official data said there were no cases of this. However, NGOs said there was prostitution of minors in certain areas of the country. There was a need for continuous information and training both for minors, in order to protect them from sexual abuse and exploitation, and for the professionals and inspectors working in this field.
Questions by Experts
In follow-up questions, an Expert asked if domestic violence was treated as the same as assault and battery, at the punishment level; and whether there were any programmes to try to get information on incidents of domestic violence even though the victim did not complain. Responding, the delegation said domestic violence was regulated as a special incrimination in the Criminal Code, and it was regarded as a criminal offence. Included in the National Plan for the Protection of Women from any Type of Violence Included Family Violence was a plan to gather information on such incidents.
Taking up the last three articles of the Covenant, Experts asked for clear figures with regards to net enrolment in schools; what was being done to remedy that girls in ethnic Albanian families did not attend school and to change the perception that they should be withdrawn at 14; what was done to ensure quality education in various minority languages; issues linked to the national programme for culture as a new and useful tool for development; whether there were children who had never attended school at any point and what the figures were for drop-out from education; whether all the educational establishments at the various levels provided a human rights education curricula and whether there were human rights or civic education materials used as part of a continual educational subject matter; how the concept of national interest in culture was reconciled with the maintaining of the variety of culture or cultures; and which sectors of culture the Government envisaged privatising.
Response by Delegation
Responding, the delegation said with regards to the issues that had been raised on education, the preliminary preparatory year aimed to fill in gaps and improve the capture-rate of students. There had been several changes introduced in this area, and for the next year there would be modifications of the now-compulsory nine years of elementary education. The goals of the preparatory year were to increase basic numbers and literacy. Not all children enrolled in schools, and there was a drop-out rate in this regard. On students from rural areas, there was access to schools, and distance-learning in elementary education would be borne in mind for future plans.
The language of the Framework Agreement had been applied, and this stated that after 2001 the multicultural society would be pursued and developed, the delegation said. The Government was committed to this end. Certain communities were encouraged to express themselves through culture, education, and some forms of social policy. When speaking about the decentralisation of culture, this meant at the same time the development of the concept of multiculturalism, and implied the development of the main competencies which were supposed to be under the competence of the Ministry of Culture, and were now developed within the cultural institutions of the country.
With regards to how many children did not attend primary school, and what was being done in this respect, the delegation said a programme was being implemented which should increase attendance. Non-attendance of school was a feature of those in under-privileged sectors of society. Increased amounts of welfare were made available to families who ensured that their children regularly attended school. The allocations for education were increased in the recently-announced budget. On balancing the national interest in culture and cultural diversity, the former was established under the law on culture in terms of culture of interest for all citizens of the country, and was being pursued for all citizens. With regards to decentralisation of culture, this meant decentralisation of the network of cultural institutions.
In a follow-up question, an Expert asked what plans existed to address ethnic tensions in the country. All members of ethnic communities enjoyed the rights to nurture their culture and identity, the delegation said.
Concluding Remarks
LJUPCO MESKOV, Minister of Labour, in concluding remarks, said it had been a pleasure for the delegation to hold the dialogue with the Committee and discuss all the economic, social and cultural rights that were enshrined within the Covenant in terms of reporting to what extent these rights were exercised within the country. It was hoped that all items had been touched upon, and data presented on the exercise of the rights. Of course, certain comments and observations presented would be useful for the Government in regards to certain issues and in the future analysis and amendments to the Constitution. The aim of the Government had been to make the best possible effort to implement all the rights, and the answers provided would show the Committee how far it had progressed in this regard. In the future, the country would pay even more attention than it had in the past to the enforcement and exercise of all the rights enshrined in the Covenant. He hoped that the delegation had given all the replies that the Committee required, but some had not been answered completely, and the next report would fully answer these issues.
VIRGINIA BONOAN-DANDAN, Committee Chairperson, in concluding remarks, said it had been a very pleasant exercise, and the dialogue had been open and frank, and all the honest and methodical answers were appreciated greatly. The Committee came away from the dialogue knowing that the country knew what its difficulties were, and this was heartening, as it was the first step in resolving these. It had been shown that the country was aware of the difficulties and its hopes for the future. The concluding observations should be of great help in addressing these and ensuring greater implementation of the Covenant.
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For use of the information media; not an official record
and Cultural Rights
14 November 2006
The Committee on Economic, Social and Cultural Rights has considered the initial report of The Former Yugoslav Republic of Macedonia on how that country implements the provisions of the Covenant.
Introducing the report, Ljupco Meskov, Minister of Labour and Social Policy, said there was still a lot of work to be done in the country, especially in the area of employment, social rights, healthcare, and advancement of the position of women with the purpose of uniform implementation of all provisions of the Covenant in all areas of its scope and extent. The report and the dialogue with the Committee were of great importance, as they provided clear directions on future activities in order to further improve the overall conditions in Macedonian society. The Government was committed towards rapidly fulfilling delayed obligations, and this had provided the initial, already clearly visible results.
Among issues raised by Experts during the debate were the Inter-Ministerial Human Rights Body and its duties and tasks, including whether the Paris Principles would be applied to its functioning; issues related to the situation of the Roma and why short consideration had been given to their situation in the report and in the list of issues when other reports showed that they continued to suffer wide-spread discrimination; what was the present situation with regards to the informal economy and what changes were being made to ensure that people were covered with regards to their rights and insurance; whether there was a poverty reduction strategy and if so did this incorporate economic, social and cultural rights, and what measures had been taken to combat or reduce poverty; and whether all the educational establishments at the various levels provided a human rights education curricula and whether there were human rights or civic education materials used as part of a continual educational subject matter.
In concluding remarks, Mr. Meskov said it had been a pleasure for the delegation to hold the dialogue with the Committee and discuss all the economic, social and cultural rights that were enshrined within the Covenant in terms of reporting to what extent these rights were exercised within the country. It was hoped that all items had been touched upon, and data presented on the exercise of the rights. Of course, certain comments and observations presented would be useful for the Government with regards to certain issues and in the future analysis and amendments to the Constitution. The aim of the Government had been to make the best possible effort to implement all the rights, and the answers provided would show the Committee how far it had progressed in this regard. In the future, the country would pay even more attention than it had in the past to the enforcement and exercise of all the rights enshrined in the Covenant.
Members of the delegation of The Former Yugoslav Republic of Macedonia included representatives of the Permanent Mission to the United Nations Office at Geneva, the National Inspectorate for Labour, the Agency for Employment, the Ministry of Health, the Ministry of Culture, the Ministry of Foreign Affairs, and the Ministry of Education and Science.
As one of the States parties to the International Covenant on Economic, Social and Cultural Rights, The Former Yugoslav Republic of Macedonia is obliged to present periodic reports to the Committee on how it is upholding the provisions of the treaty. The delegation attended three meetings over two days with the Committee Experts, presenting the report and answering questions. The Committee will issue its concluding observations and recommendations on the report towards the end of the session on 24 November.
The next meeting of the Committee will be at 10 a.m. on Wednesday 15 November, when it will take up the initial report of Albania (E/1990/5/Add.67).
Report of The Former Yugoslav Republic of Macedonia
The initial report of The Former Yugoslav Republic of Macedonia (E/C.12/MKD/1) says the rights guaranteed in the Covenant are incorporated in the legal system of The Former Yugoslav Republic of Macedonia through the 1991 Constitution, which contains a special chapter dedicated to economic, social and cultural rights. Not only in terms of their structure, but also in terms of the content of these rights, the Constitution fully incorporates the provisions of the International Covenant on Economic, Social and Cultural Rights. The rights and freedoms guaranteed by the Constitution, and further elaborated in the domestic legislation, are enjoyed by all citizens over whom the jurisdiction of The Former Yugoslav Republic of Macedonia extends. Protection of human rights and freedoms before the Constitutional Court is regulated by the rules of procedure of the Constitutional Court, according to which a citizen may demand protection of his freedoms and rights before the Constitutional Court.
In accordance with article 9 of the Constitution, all citizens have equal rights and freedoms irrespective of gender, race, skin colour, nationality and social origin, political and religious beliefs, property and social status. Accordingly, the Constitution recognizes all economic, social and cultural rights guaranteed under the International Covenant on Economic, Social and Cultural Rights equally for women and men. Additionally, gender equality is implemented throughout the entire legal system. There are numerous non-governmental organizations in the country working for the promotion of human rights, the elimination of discrimination against women and the attainment of gender equality. In the last several years, the many activities of the participants in the women’s movement have yielded great results.
Everyone has the right to education. Education is accessible to everyone under equal conditions. Primary education is compulsory and free. The applicable legislation regulating education applies equal treatment for pupils and students in terms of gender. Freedoms and rights of the individual and citizen can be restricted only in cases determined by the Constitution. The freedoms and rights of the individual and citizen can be restricted during states of war or emergency, in accordance with the provisions of the Constitution. The restriction of freedoms and rights cannot be based on sex, race, colour of skin, language, religion, national or social origin, property or social status. The restriction of freedoms and rights does not apply to the right to life, the prohibition of torture, inhuman or degrading treatment or punishment, the legal determination of punishable offences and sentences, or to the freedom of personal conviction, conscience, thought and religious confession.
Presentation of Report
LJUPCO MESKOV, Minister of Labour and Social Policy, said the initial report of “the Republic of Macedonia” covered an unusually long period for the standards of the Committee, and presented progress achieved in a number of areas, such as the education, healthcare, political participation, and non-Governmental sectors. There was still a lot of work to be done, especially in the area of employment, social rights, healthcare, and advancement of the position of women with the purpose of uniform implementation of all provisions of the Covenant in all areas of its scope and extent. The report and the dialogue with the Committee were of great importance, as they provided clear directions on future activities in order to further improve the overall conditions in Macedonian society. The Government was committed towards rapidly fulfilling delayed obligations, and this had provided the initial, already clearly visible results. On the road towards the advancement of the democratic processes in the country, there was a continuous developmental process. The universality of human rights, accepted through the principle of non-discrimination, was the cornerstone of the legal system; the acceptance of universality with regards to human rights issues could be recognised at both the normative and institutional level.
In order to follow the general intention of the global social changes, and in order to create a system which would incorporate the solutions from international legislation, changes were needed, in both the basic approach to legislation, and the individual legislative provisions. But much more visible was the need to build an institutional structural foundation which provided for the operational follow-up of the normative provisions. The country worked seriously on the preparations for the accession to the European Union, and the rapprochement of its institutions and legislation to European Union standards. Particular attention was paid to the corps of issues in the area of human rights and fundamental freedoms, as well as equal opportunities for every citizen. In this sense, the authorities would continue working with dedication in the area of economic, social and cultural rights, aware that true democratisation of the country was not possible without complete and unimpeded enjoyment of rights, which was greatly predetermined by a certain level of economic development of the country.
In order to overcome the unemployment problems, the Government had assumed the obligation to develop a National Strategy for Employment, for 2006-2010. This would be implemented through the National Action Plan for Employment 2006-2008 and other operational documents which would provide for its implementation in close cooperation with social partners. Protection at work, pursuant to the legislation of the Republic, was designed as a constituent part of the organization of work and the work process, and on that basis was provided for any worker and any gainful employment, regardless of the type and complexity of work, which was in accordance with the constitutional principle of the right of every employee to be protected at work. In relation to the Roma as an ethnic community, the Republic had made a significant step forward in comparison to other States.
Statement by Delegation
In an introductory statement to consideration of the first three articles of the Covenant, the delegation said that considerable progress had been made over the last few years with regards to equality between men and women. In March 2006, an election code was adopted, under which out of every three places on the candidate list, at least one belonged to the least-represented gender. This had resulted in out of 120 elected Members of Parliament, 37 being women, which was 30 per cent. In May 2006, the law on equal opportunities between men and women had been adopted. A committee on equal opportunities had been formed within Parliament, with the aim of proposing possible amendments to legislation, among other things. There were also local equal opportunity committees in charge of coordinating issues. The Macedonian Women’s Lobby had organised a forum, and had been admitted to the European Women’s Lobby.
Questions by Experts
Experts then raised a range of questions and issues, including the Inter-Ministerial Human Rights Body and its duties and tasks, including whether the Paris Principles would be applied to its functioning; issues related to the situation of the Roma and why short consideration had been given to their situation in the report and in the list of issues when other reports showed that they continued to suffer wide-spread discrimination; what was being done with regards to the Albanian and the Kosovar-Romani, Askhar and “Egyptian” minorities and what was the status of the last three minorities; the Ombudsman and his function, and the difference between his role and the courts as it appeared that the latter believed that economic, social and cultural rights were not part of their jurisdiction; to what extent non-governmental organizations had participated in the report and in which sections their input was included; was there a distinction between nationals and non-nationals with regards to the rights under the Covenant; whether there was any intent of allowing the national minorities to use the quota system with regards to elections; and whether there was an entity responsible for following up gender-equality policies.
Response by Delegation
Responding, the delegation said with regards to the Ombudsman’s Office, it had its own statistics on economic, social and cultural rights. The Office was not part of the State administration - it was considered and regulated by the Constitution as being completely independent. The part of the report prepared on the Ombudsman was prepared by that Office, as had been the relevant statistics, and the State had nothing to do with it. On the Inter-Ministerial Human Rights Body and its Action Programme on human rights, it was established in March 2006. So far, even though it had been operational for 7 months, there could not be a mention of its practices, as there had been changes in Government since, and it would be premature to do so. It would henceforth be responsible for the coordination and preparation of periodic reports, as well as having other competencies and abilities.
On the judicial system and the allegations that some judges and prosecutors had been appointed in a procedure which did not respect professional criteria and that political criteria had been predominant in their election, this kind of allegation was very widespread among the public, and there were certain cases of such kind of election and appointments. However, the Government was in the middle of deep judicial reforms, which meant that the complete system of election of judges had been changed, and a new independent body, the State Judicial Council would be established. The Government expected for the new system to have its own impact on addressing the issue that had been raised, the delegation said.
With regards to the Roma and related issues, the delegation said according to the Constitution, “the Republic of Macedonia” was possibly the only country in Europe where the Roma were recognised as a nationality, and they enjoyed all the rights that other nationalities enjoyed in the country. The enforcement of their rights was possibly a bit slower for the members of the community, possibly due to their educational level, and the Government therefore considered that special education and initiatives were necessary to inform them of their rights. As early as the beginning of the Decade for the Roma (2005-2015), the Government had established a National Working Group in which half of the members were Roma, and it included representatives from all Ministries. There were two Roma representatives in the Parliament. The member of the delegation who was speaking was a Roma herself. There was a strategy for the Roma in the country, and this had been developed by an Independent Expert and had been published.
Five years after the Framework Agreement, it was hard to speak about the status of the rights of the Albanian category of Macedonian citizens, the delegation said, asking for the Expert who had asked the question to specify further the reports according to which there was discrimination against ethnic Albanians. After the Expert read extracts of the independent report in this regard, the delegation said it would give further information on some issues later during the presentation of the report. On the issue of citizenship, there was no expert on the delegation who could respond to this question, but a clear picture would be given on what was the situation in this regard. On the alleged expulsion of categories of refugees from the Kosovo conflict of 1999, there were 196 asylum seekers in the country, and these had the right to accommodation and financial assistance, and to contact UNHCR and non-governmental organizations in respect of their refugee status. The Ministry of Labour and Social Policy was in charge of fulfilling their needs with regard to medical care. The law on employment of foreigners had provisions according to which persons with refugee status were allowed access to the labour market.
With regards to the Ombudsman and his connection to case law of the Macedonian courts, Mr. Meskov said the parallel which was made by the Expert was the result of some kind of misunderstanding. In the answers to the supplementary questions, there were the statistics of the Ombudsman’s Office on economic, social and cultural rights. Connecting this kind of issue with the additional question on direct application of the Covenant in case law was a mistake, as these were different issues. There were currently no cases of direct application of the Convention in the Republic. The Covenant was not a source of law for any court decisions, but this did not mean that economic, social and cultural rights were not guaranteed by the Constitution. Twenty-nine members of Parliament were Albanians, two were Roma, two were Turks, one was Bosnian, and one was Valak, the delegation said. The others were Macedonians. There had been proposals by Members of Parliament to apply the quota system to representatives of ethnic communities, but there was currently no intention of introducing quotas. Affirmative action was used to get rid of stereo-typical attitudes towards women in decision-making and Government.
There were various types of minorities, including the Ashkali and “Egyptians”, who had been contacted by the Government, and these had expressed the desire to not be recognised as a minority as were the Roma. Ashkali were a type of Roma, but they spoke Albanian. The “Egyptians” spoke Macedonian, but were Egyptians. In the country, there was not a huge problem with the citizenship of the Roma as there was in other countries such as Hungary and Romania. There were only 1,000 Roma who did not yet have citizenship. After the breaking up of Yugoslavia, many of the Roma born in the now-new countries could not receive their birth certificates, and this had caused a problem with regards to citizenship.
Regarding non-governmental organizations (NGOs) and their role in the preparation of the report, Mr. Meskov said that the Government had not directly consulted with representatives of the non-Governmental sector, however, data, research and reports of some NGOs had been consulted, and part of their findings and explanations were included in the report. The intention was to change this practice with regard to future reports. It was a constitutional provision that citizens were equal in their rights, but some rights, such as the right to employment and rights from the social sector were different for non-citizens. The refugees from Kosovo did not have refugee status, but they had humanitarian-assisted persons status, which gave them the same rights as refugees.
There was a law on equal opportunities between men and women, the delegation said, and its purpose was to promote the principle of establishing equal opportunities for men and women in all areas of social life. Those in charge of the implementation or overseeing the implementation were the Ministry of Labour and Social Policy and its authorised representatives. Complaints should institute proceedings for violated rights under this law. The Inspection Services were also in charge of overseeing the implementation of this law, and the Ombudsman also had a role to play in this regard. Training activities were being undertaken for all those involved in this law at a wide range of levels. The law contained provisions on equal pay and prohibiting discrimination based on gender. Greater awareness had been raised with regards to domestic violence thanks to an awareness programme, and shelters had been opened for victims. Regarding the economic status and empowerment of women in rural areas, unfortunately very little had been done, but in the forthcoming period, the Ministry of Labour and Social Policy envisaged many activities primarily focusing on this issue.
Questions by Committee Experts
In follow-up questions, Experts asked, among other things, if there was a link between the fact that there were no legal precedents in case law and the lack of awareness of the Covenant; the apparent lack of a comprehensive anti-discrimination law in fields such as housing, health-care, and access to services which were particularly relevant to the Roma people and whether the State party was considering devising such a law; whether ethnic language minorities faced difficulties when dealing with the courts; further issues linked Roma obtaining citizenship; and whether there could be a political party on the basis of ethnic appurtenance and whether this would be allowed.
Response by Delegation
Responding to these questions, Mr. Meskov said that judges were probably not aware of the Covenant, and the same problem was faced with regards to other international documents and treaties. International treaties became part of the domestic legal order, and it was therefore possible to base a court decision on the Covenant, for example. On the devising of an anti-discrimination law and the application of the principle of non-discrimination, the country considered that to have all the relevant provisions, which did exist in the legal order, systematised in one law, would be non-compatible with its basic commitments with regards to general policy, and that the existing concept of the Constitutional Order, which was based on the citizens, was sufficient. The laws on administrative procedure and on criminal procedure all guaranteed the right to submit an application in the mother tongue of the applicant. The total number of Kosovar refugees, the delegation said, was 1,928. They had different levels of recognition and status, with appurtenant rights. There was pluralism within the different ethnic identities, Mr. Meskov said, and there were representatives of the different ethnicities in the different political parties.
Taking up articles six to nine of the Covenant and introducing the cluster, the delegation said that in 2005, the law on labour relations had been adopted, and this prohibited discrimination for the first time on the basis of religious, ethnic or other factors. Regulated were also the conditions in which to arrange for representation in trade unions and for employers in the situation of collective agreements. The social dialogue was one of the main tools for promoting and protecting the democratic process, and therefore this law defined the function of the social dialogue. Within the process of drafting the law on labour relations and others, there had been active participation of the social partners. There had been amendments to the law on insurance and unemployment, as reducing the latter was one of the main objectives of the Government. There were certain positive trends on the labour market with regards to certain indicators such as reduction of the unemployment rate and increased employment. A new law on occupational safety and health was also being drafted.
Questions by Experts
In questions, Experts raised such issues as a request for updated figures on unemployment; long-term indicators for employment for the Roma; what targeted measures may have been taken with regards to women and employment; issues related to sexual harassment in the work place; what was the present situation with regards to the informal economy and what changes were being made to ensure that people were covered with regards to their rights and insurance; a request for benchmarks which should be achieved with regards to security of employment, to be set by the Government; whether there was any intention or plan to set up a National Minimum Wage; what was being done to address the problems faced by the Roma with regards to social services and care; whether there was any intention to reduce the number of limitations relating to the right to strike; figures with regards to national minorities other than the Roma; and whether unemployment benefits were paid and how much they amounted to.
Response by Delegation
Responding to these questions and others, the delegation said one of the main priorities of the Government was reduction of the unemployment rate. In 2004 it was 37.2 per cent and was slightly higher in 2005. There was progress, and it was hoped that this would continue in the future. The improvement of the situation on the labour market through indicators could be observed through the decrease of unemployment, and was currently 36.2 per cent. Such results were due to a complex series of measures and activities undertaken to stimulate employment. However, there was yet a need to implement activities and measures that would continue to contribute to the progress in the situation. The majority of unemployed were Roma, and the reasons for the huge number of unemployed were the educational and skills structure of this group, as only a very small number of these had completed secondary education. Operational plans had been developed with specific targets, indicators, budget and time frame in order to facilitate the reduction of unemployment of the Roma. There was also a particular focus on Roma women, who had to deal with discrimination on two levels. There was a difference between employment rates between men and women in general, which was due to the low level of activities undertaken by women. According to legislation, there was equal pay for equal work, but data showed that women earned less than men, however, this was decreasing. The lower the level of education of the woman, the greater the discrepancy in salary. In sectors where women were well represented, managerial positions were occupied by men.
On a law on sexual harassment, the delegation said there was no separate law on this, however there were provisions contained in the new law on labour relations of the country which defined harassment and sexual harassment. Furthermore, the law contained supplementary provisions against sexual immorality, including the statutory rape of incapable persons. The law on equal opportunities also contained provisions defining sexual harassment. On the number of cases that the Ombudsman had processed, there was no official data on this, but the non-Governmental sector, which operated an emergency helpline showed that the victims of this harassment required legal and informational support as to what organisation to apply to for address. However, there were no officially reported cases of sexual harassment.
The informal economy had a negative impact on the situation of the employment rate, and obstructed fair competition, slowing down economic development. With this in mind, the delegation said, after the adoption of the employment strategy until 2010, the Ministry of Labour and Social Policy, in cooperation with aligned Ministries such as the Ministry of Economy, would develop a special strategy aiming at reduction of this phenomenon. This was planned to be achieved through the amendment of several legal acts including on social insurance, and supervision measures and sanctions would be made more strict for those employed in the grey economy.
On social and welfare assistance, the delegation said this was formulated to stimulate people receiving welfare assistance to actively seek employment on the labour market. The law on pension and disability insurance had determined the amounts of the minimum pensions, of which there were three types. On legislation and whether provisions would be introduced to allow paternity leave, the new law on labour relations envisaged that women workers had the right to maternity leave of nine consecutive months, and the same article provided for the possibility that this be used by the father as well if the mother did not use up all her attributed leave. The new law on protection of employment contained all the specifications and restrictions included in European directives.
With regards to mentally disabled persons, or those suffering from moderate to severe handicaps, approximately 350 people had received financial support. About ten years ago, the question of special categories of insured persons was regulated by a law. The law on pension and disability insurance prescribed the levels of lowest and highest insurance, depending on accrued years of service, among other factors. There were limitations on the law on the base according to which the minimum amount of pension was determined. On whether the Government intended to institute a minimum salary, there was a process of negotiation ongoing in this regard. The lowest salary was established by the social partners and signatories to the collective agreement. In the past period, although collective agreements had been signed, there had been lengthy negotiations on the national level, but the social partners had not reached agreement on the minimum salary. The Government had no influence over the establishment of such a salary.
On the topic of the cooperation between trade unions, the Federation of Trade Unions of the country had applied for membership in the International Federation of Trade Unions, and had received observer status from the European Federation of Trade Unions, the delegation said. Until recently, there had been a special law on strikes, and the Labour Relations Law had generally regulated the way in which a strike was implemented. Trade unions had the right to organise a strike in order to safeguard the rights of their members if the requests were of an economic and social nature. A strike should not start before the process for reconciliation ended, unless it was a strike in solidarity.
Questions by Experts
In follow-up questions, Experts raised issues such as what was the level of unemployment for national minorities other than the Roma; and the employment of the disabled and how effective was the law on this topic. Responding to these questions, the delegation gave figures with regards to the participation of ethnic minorities on the labour market. The law on employment for people with disabilities had improved the figures for employment of those with special needs.
In further follow-up questions, an Expert asked whether efforts could be made to make secondary education compulsory and to decrease rates of drop-out; and the delegation said that constitutional amendments were being drafted to make secondary education compulsory, and it was hoped this would have a positive effect on raising the educational level. With regards to drop-out rates, the largest took place at the transfer from primary to secondary education, and this ranged from 6 to 66 per cent.
On articles ten to 12, Experts raised a range of issues and questions, including a request for data for the number of sentences handed down by the courts in order to reduce violent crime within the family and what was done to protect children from violence in the home as 69 per cent were reported to be confronted with violence; what the State party had done to increase registration of births in particular among the Roma; what efforts were being made to combat trafficking in persons and to combat child labour; issues linked to the privatisation of primary health care; why there was no universal coverage of primary health care for women; what was being done to encourage victims of domestic violence to report incidents; whether there was a poverty reduction strategy and if so did this incorporate economic, social and cultural rights, and what measures had been taken to combat or reduce poverty; issues linked to housing rights, in particular with regards to the Roma; what had been done to return internally-displaced persons to their homes and whether any measures had been adopted to help them do so; what was being done to improve conditions of hygiene and detention in detention centres; what explained the increase in the number of children between the ages of one and four with congenital diseases; and what was the perspective with regards to the lowering of the age of consent.
Response by Delegation
Responding, the delegation said with regards to domestic violence against children and the number of instituted court proceedings, exact numbers of court cases could not be given, but there was information according to which in 2004, in the country, out of the registered 149 crimes, 42 of these were for crimes of neglect and abuse of minors. Violence against children was dealt with in the Criminal Code, and there was also other legislation regarding protection of children. Figures from non-governmental organizations (NGOs) reported increased numbers of calls on help-lines by children reporting cases of physical and mental violence perpetrated against them. On child labour, there was no official data nor registered cases of this form of abuse, but there was information from NGOs in support of the thesis that child labour took place, including children selling cigarettes and other items on the streets. Relevant measures were implemented to protect these children. The Ministry of Social Policy was working hard on this issue, which was very difficult to prevent, given the economic situation, but the goal of preventing and eventually eliminating child labour was part of the National Plan for Children.
With regards to domestic violence, this phenomenon had not been regulated in a separate law, however, all cases had been dealt with within the provisions of the Criminal Code. In March 2004, a law had been adopted to amend the Code which covered murder, bodily injury, crimes against human rights and freedoms, and others. In 2004, there were 149 crimes registered, and 806 minor offences, and 2,160 reports of domestic violence. Seven shelters had been established as well as a help-line. In the forthcoming period, a National Plan to fight violence against women, including domestic violence, was being created, and should fight this type of violence. On sensitisation and awareness-raising, a continuous campaign had been started on the subject in 2004, and it incorporated training for professionals. These campaigns and activities had caused an increase in reporting of incidents. The Government would continue these programmes and open more shelters.
At the moment, in the country, a transit centre had been opened that was also a centre for foreign nationals, which provided housing for victims of trafficking who were foreign nationals, the delegation said. Guardians were appointed for trafficked children and were in charge of protecting their rights and welfare. There was a strategy and a national action to prevent trafficking, and this established the strategic objectives and priorities in the context of this form of organised crime. Prostitution of minors had been reported by NGOs to be on the rise, and in this context, the Ministry of Labour and Social Policy had organised many training events, in particular for the professionals in centres for social welfare. The Ministry had also set up an office for counselling of victims of trafficking, there was a programme for re-socialisation and reintegration of the child victims, and there was a task force for combating trafficking in children in the Ministry of Labour. Research indicated that violence in the family was also related to the economic situation in the family, in particular unemployment of the parents.
There were reforms of the health care system, but despite this the Ministry of Health and the Government had decided to place the highest emphasis on the preventative sector, considering that prevention was a proven strategy, the delegation said. On the percentage of registered births, 98 per cent of all births took place in a medical institution, and the possibility for newborns to not be registered and thus not receive a birth certificate was minimal. Data indicated that 97 per cent of people had a birth certificate, and the problem of unregistered newborns was almost non-existent. Plans and programmes on the way in which the health sector could be involved in preventing family violence had been drafted. It was true that within the reforms of the health care system privatisation of primary health care had begun, but the Ministry was firmly determined that preventative health care was the cornerstone of efforts to preserve the health of the population, and this would therefore remain under the aegis of the public health system. With regards to the access of women to reproductive health services, the country had a long-stand tradition of promotion of the protection of motherhood, and there was a separate programme for the health of mothers and children.
There were medical facilities in most prisons, the delegation said. On the high rate of congenital anomalies, this was not the result of the overall deterioration of health, but was due to the result of the increase in quality of diagnosis of such conditions, with enhanced prenatal and obstetric services. On the implementation of secondary health protection in mountainous areas, the country had a wide-spread network of health care. There was an ongoing revision of the national strategy to combat poverty, and therefore there could be no clarification of what would be under this strategy. However, the Government believed the best policy was to increase the rate of employment, and would do this through various means, including intervening with financial assistance for employers who hired new staff. More specific data on this would be provided in the next report. On housing issues and whether the national action plan provided support to the Roma in this area, a complex document had been developed on housing policy. The adoption of the law on housing had established that any building built until 15 February 1968 was considered to be legally built, and the application of this would provide for the legalisation of many buildings. It also contained matters facilitating the access of the Roma to housing. The infrastructure of Roma settlements would also be improved.
The law on labour relations foresaw that an employment contract could be entered into by a person of above 15 years of age and who had the capability of doing so. Workers younger than 18 should not be ordered to work on difficult physical tasks, under-ground, underwater, or be exposed to ionising radiation, or any job that could have negative effects on their health, nor should they work a full working day or during a night shift. They should be provided with security by more experienced and older workers, and have a longer provision for annual leave. On internally-displaced persons, the most recent data was that there was 725 persons who had still not returned to their homes, or 234 families, 179 of which were still housed in collection facilities, the others living in host families. This number of internally-displaced persons, compared to the numbers of three years ago, was just one percent. Regarding detention conditions, Mr. Meskov said the situation was not the same in all prisons. In one prison, the situation had been underlined, and over the last year, several major investments had been made with the aim of improving the hygienic situation and to relieve the institution of the large number of prisoners.
On marriages between minors in the Roma community, the delegation said that several years ago this was indeed a great problem, as many Roma girls were married at a very young age, with health implications and impact on their status. Fortunately, over the last period, the percentage of adolescent marriages had decreased greatly. The problem had not been eliminated, however, and the key to the problem was education. Persons of between 16 and 18 years of age could marry with written parental consent from both parties, after which a permit was issued. Prostitution of minors was followed, and was prohibited by law, but official data said there were no cases of this. However, NGOs said there was prostitution of minors in certain areas of the country. There was a need for continuous information and training both for minors, in order to protect them from sexual abuse and exploitation, and for the professionals and inspectors working in this field.
Questions by Experts
In follow-up questions, an Expert asked if domestic violence was treated as the same as assault and battery, at the punishment level; and whether there were any programmes to try to get information on incidents of domestic violence even though the victim did not complain. Responding, the delegation said domestic violence was regulated as a special incrimination in the Criminal Code, and it was regarded as a criminal offence. Included in the National Plan for the Protection of Women from any Type of Violence Included Family Violence was a plan to gather information on such incidents.
Taking up the last three articles of the Covenant, Experts asked for clear figures with regards to net enrolment in schools; what was being done to remedy that girls in ethnic Albanian families did not attend school and to change the perception that they should be withdrawn at 14; what was done to ensure quality education in various minority languages; issues linked to the national programme for culture as a new and useful tool for development; whether there were children who had never attended school at any point and what the figures were for drop-out from education; whether all the educational establishments at the various levels provided a human rights education curricula and whether there were human rights or civic education materials used as part of a continual educational subject matter; how the concept of national interest in culture was reconciled with the maintaining of the variety of culture or cultures; and which sectors of culture the Government envisaged privatising.
Response by Delegation
Responding, the delegation said with regards to the issues that had been raised on education, the preliminary preparatory year aimed to fill in gaps and improve the capture-rate of students. There had been several changes introduced in this area, and for the next year there would be modifications of the now-compulsory nine years of elementary education. The goals of the preparatory year were to increase basic numbers and literacy. Not all children enrolled in schools, and there was a drop-out rate in this regard. On students from rural areas, there was access to schools, and distance-learning in elementary education would be borne in mind for future plans.
The language of the Framework Agreement had been applied, and this stated that after 2001 the multicultural society would be pursued and developed, the delegation said. The Government was committed to this end. Certain communities were encouraged to express themselves through culture, education, and some forms of social policy. When speaking about the decentralisation of culture, this meant at the same time the development of the concept of multiculturalism, and implied the development of the main competencies which were supposed to be under the competence of the Ministry of Culture, and were now developed within the cultural institutions of the country.
With regards to how many children did not attend primary school, and what was being done in this respect, the delegation said a programme was being implemented which should increase attendance. Non-attendance of school was a feature of those in under-privileged sectors of society. Increased amounts of welfare were made available to families who ensured that their children regularly attended school. The allocations for education were increased in the recently-announced budget. On balancing the national interest in culture and cultural diversity, the former was established under the law on culture in terms of culture of interest for all citizens of the country, and was being pursued for all citizens. With regards to decentralisation of culture, this meant decentralisation of the network of cultural institutions.
In a follow-up question, an Expert asked what plans existed to address ethnic tensions in the country. All members of ethnic communities enjoyed the rights to nurture their culture and identity, the delegation said.
Concluding Remarks
LJUPCO MESKOV, Minister of Labour, in concluding remarks, said it had been a pleasure for the delegation to hold the dialogue with the Committee and discuss all the economic, social and cultural rights that were enshrined within the Covenant in terms of reporting to what extent these rights were exercised within the country. It was hoped that all items had been touched upon, and data presented on the exercise of the rights. Of course, certain comments and observations presented would be useful for the Government in regards to certain issues and in the future analysis and amendments to the Constitution. The aim of the Government had been to make the best possible effort to implement all the rights, and the answers provided would show the Committee how far it had progressed in this regard. In the future, the country would pay even more attention than it had in the past to the enforcement and exercise of all the rights enshrined in the Covenant. He hoped that the delegation had given all the replies that the Committee required, but some had not been answered completely, and the next report would fully answer these issues.
VIRGINIA BONOAN-DANDAN, Committee Chairperson, in concluding remarks, said it had been a very pleasant exercise, and the dialogue had been open and frank, and all the honest and methodical answers were appreciated greatly. The Committee came away from the dialogue knowing that the country knew what its difficulties were, and this was heartening, as it was the first step in resolving these. It had been shown that the country was aware of the difficulties and its hopes for the future. The concluding observations should be of great help in addressing these and ensuring greater implementation of the Covenant.
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