Promotion and development of the antidiscrimination legislation in Macedonia
Proposal- document for the working methodology
Proposal to the invited representatives for members to the Coordinative Body for exchange of information for promotion and development of the anti-discrimination legislation in Republic of Macedonia
Note:
This document is a proposal for creating the working Methodology. It is expected that the members of the Coordinative Body will give precise definition of the principles and their working methodology.
1. Introduction
Starting up with the conclusions from the round table, the existence of the will for joint creation and development of the anti-discrimination legislation in Republic of Macedonia, as well as the need for transparency and inclusion of all relevant actors in Macedonian society it is initiated the establishment of the Coordinative Body for exchange of information, composed of representatives from the Government, wider civil sector and independent experts.
The aim for establishment of this body is creation of dialogue between the different actors in the field of protection from discrimination, aiming at giving a contribution towards the state efforts for creation of its primary role for protection, promotion and guarantee of the fundamental human rights and freedom. As a result of this, the Rule of Law Unit at the Spillover Monitoring Mission of OSCE in Skopje, supports the activities of Polio Plus, movement against handicap, in its efforts to ensure technical support to the Body, as well as how we ALL will give joint support to the development of the anti-discrimination legislation in the country.
2. Aims and duties of the members of the Coordinative Body for exchange of information and dialogue
The aim of the Coordinative Body is till the end of 2007, through creation for space for dialogue and information exchange to establish the directions for creating strategic framework for protection for discrimination in Republic of Macedonia. Having in mind that the preparation of the strategic framework will be joint process of the governmental and non-governmental structures, as well as experts/ academic public, it will be proposed to the Government as base for creation of Strategy and Program for further joint action.
3. Organization and structure of the Coordinative Body
The Coordinative Body includes members who possess knowledge of the domestic legal system and legislation framework of the existing control mechanisms, appropriate knowledge of the international standards and conditions, specifically in the field of protection of human rights as well as protection from discrimination.
In the Coordinative Body will be 30 -35 members, including the observers as are the representatives of the international organizations. The members of CB can name own deputies.
The following is recommended as structure for CB:
3.1. Representatives of the Government of RM
Representatives of the Government and the Macedonian Assembly should allow dialogue with the other stakeholders, as well as introduction to the Strategy and proposed working plan of the governmental institutions. Also, they have to recommend Action Plan, according to the capacity of the state for joint creation of the program for strengthening the capacities of certain institutions for further action in the field of protection from discrimination.
1. Secretariat for European Affairsа
2. General Secretariat of the Government of RM
3. Representative from the department for analyzes and policies
4. Inter-ministerial body for human rights, Ministry of Justice
5. State secretary at the Ministry for labor and social policy
3.2. Representatives for the Assembly of RM
1. President of the Standing Inquiry Committee for Protection of Civil Rights and Freedoms
2. President of the Committee on Equal Opportunities for Women and Men
3. President of the Inter-Parliamentary Lobby Group for people with disability
4. President of the Woman Club in the Parliament
5. Representative from the office of Macedonian Woman Lobby
3.3. Ombudsman in Republic of Macedonia
The Ombudsman has a specific role. From one side he is responsible for strengthening the capacity of the institution for recognizing the discrimination in case of violation of citizens human rights by the state institutions and on the other side it should give contribution in process of creating the lines for joint action for protection from discrimination in the other case (when the citizens rights are violated by third person, not only the state institutions).
1. Deputy Ombudsman in Republic of Macedonia
3.4. Representatives from the NGO
The role of the representatives from the nongovernmental sector has two-side. The organizations whose strategic aim is the change of the legal regulations and promotion and protection of human rights should place its expertise, experience and knowledge available, with which they will be able to give an overview of the needs for development of the anti-discrimination legislation in the country. On the other side, the representatives of the vulnerable groups should give contribution towards creating the Action Program, starting up with gathering the data for the level of discrimination up till the representation and protection of the group interests they represent, as well as monitoring for respect and implementation of the legal regulations and the planned measures for decreasing the level of discrimination and accepting the differences as part of human personality.
1. Human Rights House in Macedoniа
2. Polio Plus, movement against disability
3. First Children’s Embassy in the World – Megjasi
4. Helsinki Committee for Human Rights in Macedonia
5. Helsinki Committee for Human Rights in Macedonia
6. Macedonian Center for International Cooperation – MCIC
7. Union of Women’s Organizations of Republic of Macedonia – UWOMМ
8. МMacedonian Association for Free Sexual Orientation – MASSO
9. NGO Mesechinaа
10. University “Treto Doba”;
11. President of Special Olympics – Macedonia
12. HOPS
3.5. Representatives from the expert/ academic publicity
The legislation experts should give active contribution in mapping the existing strategies for the vulnerable groups and in analyzing the situation of Macedonian legislation compared with the international standards during the process of preparing the strategic lines. Also, they should give contribution towards the final preparation of the document which will cover all strategic lines before it is promoted in the Government of R. Macedonia. It is proposed that their number should not be bigger then 5.
3.6. Representative from the media
The media representatives should care for right delivering of the message to the publicity as well as distribution of the Body’s work and activities in the other media.
1. Representative from Macedonian Institute for Media – MIM
2. Representative –journalist
3.7. Representatives with monitoring/ advisory role
1. Representative of the Rule of Law Unit of the OSCE Spillover Monitor Mission to Skopje
2. Representative form the Office of the UN Resident Coordinator in Macedonia
3. Representative from the Special Delegation of the European Union in Skopje
Every member of the Coordinative Body has right to entitle its deputy, that will have complete access to the activities, as well as will be up-dated with the materials that will come out of the meetings and will be included in the regular communication. The deputies are entitled to be present on meeting in case the members are not able to follow it up. For additional expertise on constant or ad hoc base domestic or international monitors will be included.
The membership and the structure of the working group can be changes (increased and/or decreased), with consensus reached by the members of the Coordinative Body. Polio Plus is responsible for support, i.e. ensuring appropriate materials, calling up meetings and information exchange in the frame of the Body, as well as for communication and correspondence with all interested stakeholders.
4. Expected results
Till the end of 2007, it is expected that the Body for information and dialogue exchange will be established, between the different creators of the policies in the field of protection of human rights and protection from discrimination. Also it is expected that the strategic framework for protection from discrimination will be created, in whose preparation all relevant authorities will take part. Having in mind the fact that the web-site (www.equal.org.mk) where the opinions from the citizens and wider publicity will be gathered, is created we expect that we’ll get not only views of the stakeholders that are involved in this field of work for many years, but also the perceptions of all citizens. For that reason we’ll create forum on the above mentioned web-site.
5. Working methodology
The meetings will be held once per month. If there is a need, the members of the Coordinative Body can agree on frequent meetings. Aiming at development of appropriate strategic framework for joint action based on views and experiences of the Coordinative Body’s members, they will be included in preparing the analyzes for the situation of the different marginalized citizens in R. Macedonia.
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