STRATEGIC DIRECTIONS FOR JOINT ACTION IN THE DEVELOPMENT OF THE CONCEPT OF ANTIDISCRIMINATION IN REPUBLIC OF MACEDONIA
If you want to travel fast, go alone, but if you want to reach distant areas, go with the others. African proverb(From a participant at a round table)
I. MOMENTUM
1. WORLD AND EUROPE
When we talk about human rights, we have to have on our mind that before rights is the dignity. Human rights come out of the born dignity of human personality. Human rights are equal for all no matter of the personality and (at least formal-legally) come out of the Universal Declaration on human rights. It is so called first generation of human rights. Still the key question is not if those rights belong to the person, but if he can really enjoy them.
That is why when we think about the possibility for enjoying those rights on the scene appear the so-called “second and third generation” of human rights (as are the right on food, dwelling…). These “generated” rights are of special importance for the marginalized categories of citizens, which should allow them realization “enjoyment” of the citizen’s and political rights and should be considered in close connection with them.
If we want to ensure this determinant more or less in a legal framework, it is necessary to follow the principal of prevention of discrimination. It is just the first step. If we want to make a real step towards this principle we have to add the determination – positive discrimination or affirmative state measures (of course until there is a need for it).
Although, the change of the legislation regulative is not the only tool for changing the reality; still, the experiences show that it is a strong instrument for promoting social relations.
Protection from discrimination is recognized inter alia with the sole use of several international instruments in the national legislations of the countries in the world: the Universal Declaration for human rights, the Pact for economical, social and cultural rights, the Convention for eliminating all forms of racial discrimination, as well as the newly adopted Convention for protection of the rights of the people with disability (UN), Convention No. 111 (MOT), European Convention for protection of the human rights and fundamental freedoms, reinforced with the Additional Protocol 12 which ensures the right on equal treatment, and many other regional instruments as well.
The United Nations stimulate the production of independent bodies by the State or in close cooperation with the state that would commit this function. In that direction, at the First International Workshop of National Institutions for Promotion and Protection of Human Rights, 1991 in Paris, Parisian Principles were defined, and later were accepted by the Commission for Human Rights within UN (Resolution 1992/54, 1992) and the General Assembly of UN (Resolution 48/134, 1993).
In the scope of the European Union, considering the fact that different member states of the European Union have different system of protection from discrimination, with aim to harmonize the national legislation with the EU legislation, more Directives were adopted, among which: The Directive for appliance of the principle of equal treatment of men and women referring to the approach toward employment, vocational training and promotion of the working conditions (76/207/EC), the Race Equality Directive (2000/78/ec), and the Directive for employment equality (2000/78/EC). Specific for the Race Equality Directive is the ground in article 13, which predicts creating a specialized body for promotion of equal treatment.
For transposing the directives into the national legislations a dateline was posed, for the old but also for the 10 new member states. Certain member states asked for additional term for implementing the same. From the report of the European Network of Independent Legal Experts in the non-discrimination field, it is evident that many states have used different approach in the process of transposing the regulations from the directives. This is a result of the countries’ different level of development related to the awareness level, the definition of discrimination, the exclusions from equal treatment ( in a sense of the traditional values and public order), the bodies that ensure effective protection and the public in the process of creating the concept for protection from discrimination as well.
As major problems, in 14 Member States, while transposing the directives are the following:
- National legislation is limited in scope of employment, whereas the Race Equality Directive also prohibits discrimination in social protection, education and access to goods and services, including dwelling;
- Definitions of discrimination which diverge from the Directive (in particular, in terms of direct and indirect discrimination, harassment and instigation for discrimination);
- Inconsistency in the articles created to help victims of discrimination (such as the protection against harassment, the shift of the burden of proof and the right of associations to assist individuals with their cases).
Under the infringement procedure, Member States have two months to reply. If there is no satisfactory reply, the Commission will refer the matter to the European Court of Justice in Luxembourg.
It can also require from the Court to impose a fine for the country concerned.
As it can be concluded from the activities in the world and in the region, the development of anti-discrimination legislation is a long-term process and requires harmonization of the national legislations and volition for its respect and implementation as well. Following the trend of development in scope of the European Union and the lessons learned, countries in development should avoid and waylay the threats, which will enable them to speed the process that will allow overall integration of the sensitive groups into society and respect of the basic human rights and fundamental freedoms.
In scope of the European Union, the European Commission, on the 5th of June, again, initiated a process of consultation with the publicity on the topic of anti-discrimination.
(http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=Discrimination&lang=EN)
Question: Do You know that the right of the European Union prohibits discrimination on grounds of sex, racial or ethnic background, religion or beliefs, disability, age and sexual orientation?
2. SITUATION IN THE RM
The strategic decision of R. Macedonia for Euro Atlantic integration and it’s membership at the United Nations, as well as it’s status for country candidate at the European Union, ask for a need of harmonization of the national legislation, respect and ratification of the international documents, that are adopted by the relevant institutions, as well as the application of the international instruments. According Article 68 from the Agreement for stabilization and association between RM and the member states of the European Union, Republic of Macedonia should understand the importance for adjustment of the existing legal regulations and allow their practical implementation.
For a complete and effective realization of the process of harmonization of the law, the Government of Republic of Macedonia has established a department for approximation towards European legislation at the Secretariat for European questions, and a database of all legal acts is prepared, their adjustment and the dynamic of adjustment, as well as the need to prepare new ones. In favor of this activity is the creation of the Technical Committee for European Integration, which will have the role for preparation of the National plan according proposals for the priorities that will be given by the working groups from different fields from the resort ministries.
In this direction the National program for adoption of the EU law is prepared, as well as the list with legal regulations for harmonization.
Analog to this, in the Action plan for European partnership 2005, it is predicted harmonization of the national legislation with the EU legislation in the field of anti-discrimination and equal opportunities for all.
This is especially important, as until the very moment, there were tries to put, on the agenda of the Macedonian Assembly, the proposal for the Law for protection from discrimination, but it is still not adopted. It is well known that the new member states of the EU even in the year before approaching to the EU have adopted it, but R. Macedonia is conditioned with shorter dateline. Clear signals of the urgency for establishing it are already sent to Brussels.
In the RM in 2006, the Law for equality between man and woman was adopted, and the proposal of the Law on protection of the rights and dignity of people with disability is in the Assembly’s procedure. It means that the process is started at certain fields, but the key issue is the organized approach towards creation of the general legal framework for protection from discrimination.
Also, about a year ago, an Inter-ministerial Body for human rights was created; a Constant Survey Commission for protection of the freedoms and rights of the citizen and a Commission for equality between man and woman at the Assembly of RM also do exist, but there is still no exchange of information between the representatives of the target groups, “fighters for human rights” and the institutions of the system on a horizontal level.
At the moment, it is very clear that there is a lack of existing independent national body with an open mandate in the field of human rights that would enable continuous support and promotion of normative solutions and activities towards implementation of the international standards.
Significant element for development of the anti-discrimination legislation is the establishment of systems of institutions and mechanisms that will function for promotion, enabling, monitoring and protection of the fundamental rights and freedoms of every human being at the territory of the Republic of Macedonia. Practicing and protection of the rights can be guaranteed only in conditions where a created system of institutions and mechanisms on dispose for the people exists. Important factor in the further harmonization of the national system of promotion and protection of the human rights with the international regulation, are the recommendations (at the level of UN and at the level of the Council of Europe and the European Union) for development of adequate national bodies that will have wider mandate of monitoring, research, initiating changes and mainstreaming the authority in the domain of human rights.
It is quite clear that for realization we’ll need the good political will and in future we’ll act with joint forces to recognize the conditions and possibilities of the target groups at the Macedonian society and informing the representatives from the legislation house, counting on the positive experience with the establishment and work with the Inter party parliamentary lobby group for protection of the rights of people with disability.
On the other hand, the participation, expertise and experience exchange between the representatives of the non-governmental sector, relevant state authorities and international governmental organization as is OSCE, will grant contemporary creation and development of the national anti-discrimination legislation compatible with the one of the member states of the EU and in general with the developed countries in the world.
We prepared this strategic document starting up from the conclusions of the round table for the development of the concept for anti-discrimination in Republic of Macedonia, with an aim to encourage organized activity of all interested representatives of the governmental and non-governmental sector, experts and affected groups, which will lead towards creation of joint strategy and action, towards ensuring the effective legal protection from discrimination and implementing anti-discrimination legislation. This document is a base for extensive consultations with all affected groups and the same is available at the web-site www.equal.org,mk
Question: Do you think that people in Republic of Macedonia are discriminated / protected from discrimination, and which institution is competent for that? If you think that certain categories are in more unfavorable situation, specify which?
II. DIRECTIONS OF THE DEVELOPMENT
1. How to answer the future challenges
Generally, the discrimination and fight against it, is an issue which all countries in the world are facing it, including Macedonia. The problem to identify discrimination, especially if it is not a direct one, comes from the lack of definition what is personal and material scope of discri¬mi¬nation and also defining the grounds of discrimination. Analog, from one side, the non-existence of a general legislative framework leaves space for an explicit interpretation, but also a space for abuse and ignorance of certain cases.
Although, in certain parts, researches about the perception of citizens have been made, still, a general picture for the condition of the sensitive groups does not exist.
In this direction, a research that will show the perception of people that are victims of indirect discrimination, harassment, or other forms of unequal treatment, still has not been made.
However, all parties which work on protection from discrimination have responsibility to undertake an appropriate action towards awareness rising amongst groups and general public.
As there are no available and comparable information on relevancy of the respect of fundamental rights, Strategy to combat discrimination does not exist. There are some partial actions (Roma inclusion, Employment of the people with disabilities, gender equality, child protection etc), but developed and harmonized Strategy which meets all request regarding the respect of Human Rights is not created yet.
Measuring the level of discrimination is a first step in right direction towards creating a Strategy and Action Program to combat discrimination. The ‘Eurobarometar” in the frames of EU shows the direction towards national and regional action to fight discrimination.
Macedonia has not developed the anti-discrimination legislation and a general legal framework for protection of people who are discriminated does not exist. This issue led to a lack of systematic observation on how the national institutions, bodies and agencies respect standards, with respect to fundamental rights on the ground, how they promote awareness of fundamental rights on the ground, standards and practices when implementing laws and policies. There is a lack of screening mechanisms, coordination and networking between different stakeholders which field is protection against discrimination.
Enactment of a Law on protection from discrimination based on a comparative research of the national legislation will establish an effective legal framework for protection of people discriminated on each of the grounds. In accordance with the national legislation, first, an impact assessment (negative or positive) has to be done, which, the new legislation, policies and other initiatives might have it from a non-discrimination and equal opportunity perspective.
The Law should also ensure an effective protection, establishing appropriate mechanisms for monitoring regards its implementation.
The effective removal of obstacles towards employment, training and other opportunities is vital. Personal characteristics such as gender, ethnicity, age, sexual orientation or disability continue to prevent some people from realizing their full potential.
Regarding this, in line with EU experience, drawing-up an Equality Action Plan/Action Program to combat discrimination/Strategy, or for the beginning, just a Framework Strategy (no matter how it will be named), is an important issue. All parties included, should take into consideration that strategic objective is non-discrimination mainstreaming in all areas. This document has to show how the public authorities and all interested sides, together, propose respecting the principle of non-discrimination and their volition to fulfill its duties.
Question: According to You, how can we reduce discrimination? What are the foremost steps to make? Continue.
2. Gains from the joint action
The expected results from the joint action are:
• Raised awareness and interest for creating and developing a Strategy for joint action and a long-lasting Program to combat discrimination.
• Improved legal framework for protection from discrimination.
• Engaged and coordinated different sides, national authorities and organizations, social partners, experts and institutions working in the field of protection of human rights.
• Developed and strengthened civil society.
• Free and independent media.
Question: What do You expect?
3. Working principles
One of the ways to strengthen the national system for protection of human rights is by ensuring that the actions at the national level are grounded on the basic principles for protection of human rights and are according the international norms and standards. The development of the cooperation should improve the realization of human rights, as is stated in the agreements and conventions. This approach based on human rights, which requires strengthening the capacity of “those who care duty” to accept their tasks, but also of “those who care rights” to claim their rights by promoting:
• Equality and non-discrimination among all individuals in the society, with a specific focus at the people with disability and other marginalized citizens.
• Participation and inclusion of each person in all sectors of the civil society by enjoying civil, cultural, economic, political and social development.
• Responsibility and rule of the right by supporting the capacity of those responsible to develop laws, regulations, policies and budgets that are in accordance to adopted standards and objectives, and to establish the criteria for reciprocal duties of a country and its citizens. (According the generally accepted international principles).
III. INCLUSION OF EVERYBODY AND CONCRETE ACTION
Having in mind the will of the participants at the round table for cooperation between the different structures, efforts will be invested into strengthening the cooperation between the present, but also include other relevant authorities which posses knowledge, experts, representatives of the target groups, governmental representatives which posses certain knowledge, as well as relevant representatives of the international instances in the field of protection from discrimination.
As it is stated, parallel with the inclusion it will be worked on disseminating the information and experience sharing.
For the beginning, Body for information sharing will be the Coordinative Body it-self, which in this line will build its own capacity too.
That is why, Polio Plus took over the responsibility to distribute the conclusions through a joint mailing list to all representatives of institutions, participants on the round table, to prepare this strategic document, which initially will give directions for development. With that aim, immediately after receiving the comments from the stakeholders, a working meeting was held for adopting the conclusions and strategic lines for joint activity. (See comments and conclusions).
Having in mind that for a long-term and successful cooperation, transparency and cooperation with all relevant creators of policies and interested sides are essential, it should be worked on building a system of cooperation for collecting information with an aim of defining the field and scope of operation of certain institutions/organizations. This, of course, should contribute for defining a joint Strategy for cooperation in the field of protection from discrimination, and a long-term Action Program.
1. Cooperation with the Assembly of RM
Considering the stated reasons, which are obstacles in the process of adoption of one general law on protection from discrimination, authoritative conscious and refusal to re-distribute the power, citizens, can and should do the pressure if they want to fasten up the process.
For the beginning, it should be established a cooperation between the two parliamentary commissions, relevant for the issue, the Constant commission for protection of the freedom and rights of the citizens in the Assembly of RM and the Commission for equality of men and women.
Further, through the Coordinative Body, proposed as wider coalition of different authorities, an effort would be made to establish non-formal Inter-party parliamentary lobby group for equality. As an advantage and justification for such opportunity is the existing of the women lobby group at the Parliament, Inter-party parliamentary lobby group for the people with disability, as well as the variety of the MP’s religious and ethnic background and their age.
2. Cooperation with the Government of RM
The cooperation with the Government will be in several directions:
Having into account that the general conclusion is joint participation in defining the role of the civil sector while the Strategy for cooperation with the civil sector is created, the Coordinative Body will establish cooperation with the Department for cooperation with the non-governmental organizations, formed as a part of the Sector for analyze and policies of the General secretariat of the Government of RM, as well as cooperation with the newly established Inter-ministerial body for human rights at the Ministry for Justice.
Further, cooperation will be established with the Secretariat for European issues with an aim to contribute for faster creation of exhaustive and implementing legal framework in the field of anti-discrimination.
A very important activity is sensitizing the civil servants which directly work with groups, subject of discrimination, for defining the forms of discrimination, and defining the possibilities for exclusion from the regulations for equal treatment of individuals or groups.
Though the need for the last activity comes out from the non-existence of defined legal framework, it is still important as within the process it-self the capacity of the civil servants is being strengthened and at the same time it is expected to give the result, decreased number of discrimination cases. Cooperation with the Secretariat for legislation will also be established with an aim to improve the coordination of the proposed concrete law amendments.
3. Cooperation with the Ombudsman
Having in account the role of the Ombudsman in protecting the citizen’s rights, but also his limited operation, in case of violation of the rights of individuals by the authority bodies, cooperation and information exchange are essential need, for finding out the cases of discrimination and finding a modality for effective protection of the citizen’s rights.
4. Cooperation with NGO
The organized operation of the civil sector, until now, showed significant results. The indicator is the established Strategy for cooperation of the Government with the civil sector. The civil sector assembles for various initiatives and various structures. An example for structural organizing is the functioning of the Civil Platform of Macedonia; the House of Human Rights in Macedonia; the Coalition of youth non-governmental organizations “Now”; National Council of Women in RM, as the example for joint action of over 100 organizations, institutions, units of local self-government, citizens that joint the organizations working in the field of disability and for the first time, in Macedonia, the citizens appeared as nominators of a law to the Assembly of RM, Law for protecting the rights and dignity of people with disability.
In this direction, for promotion and development of the anti-discrimination legislation and policy, the key factor is the interest of the civil sector. That is why, the proposals and joint and coordinated action of this sector is vital for creating a society for all.
5. Cooperation with the Units of local self-government
In the process of decentralization, big part of the responsibility for protecting the rights of people liable to be discriminated was shifted on the units of local self-government. Considering the importance and role, and the possibility for foremost acknowledgment, prevention and taking specific measures for protection at local level, this sensitive issue should be discussed at local level, in order to achieve specific effects.
6. Cooperation with the business sector
The Strategy to combat social exclusion in the scope of EU is an expression of will for building social partnership stated by the Committee for Social Dialogue within the European Union. The partnership, besides the European Union (1) is built together with (2) the non-governmental sector through the “umbrella” organizations that operate on various fields (these organizations also have consultative status when deciding in their field of operation), and as a third segment, the different confederations, (3) the business sector: ETUC (European Trade Union Confederation), UNICE (The Confederation of European Business), CEEP (European Center of Enterprises with Public Participation and of Enterprises of General Economic Interest) in order to increase the efforts for raising the awareness of the citizens and accepting the sensitive groups as equal citizens in the community.
Because of that, we should direct ourselves towards building a social partnership, to disseminate the social responsibility for the representatives of various groups that face discrimination on different grounds (race, sex, religion, age, disability or sexual orientation, but also on grounds of the degree of education and social status).
The building of this partnership, should not present only a short-term activity or “random” good will of the donor/sponsor, it should present the beginning of establishing principles in the system of operation and coordination of the state institutions, the business sector and the civil sector in Macedonia. The ideal to be reached is establishing balance in the society and social justice. The emerged results will indicate the level and degree of development of the awareness of the citizen of RM, expressed through the support in combating social exclusion of the sensitive groups.
6. Cooperation on international level
In line with the information exchange in the process of creating the concept, the Coordinative Body will establish contacts with the networks of experts in the field of non-discrimination within the frames of the Union, in order to exchange experiences for establishing appropriate model according the political system, available human and financial resources, as well as for the statistical data collection for the forms and cases of discrimination.
Additionally, it is necessary to make an overview to the punishment system in different legislations for not respecting the equality. On the other side, best practice examples will be exchanged through the implementation of the European program for action of the communities for combating discrimination, created to support the effective implementation of the new European anti-discrimination legislation.
This cooperation on international level is also crucial from the aspect of inclusion of RM as country with candidate status for EU in the activities in the frames of “2007 European year of equal opportunities for all – towards justice society”.
Question: Do You, as a representative of an organization / institution, but also as an individual, would like to contribute for protection from discrimination? How would you do it?
IV. TOOLS AND MECHANISMS FOR JOINT ACTION
1. Initiative mechanism for coordination and its role
The Strategy for cooperation with the civil sector of the Government of RM, which was adopted in January 2007 is the first step that has to be made precise from an aspect of equal participation of the citizen associations that work in the field of protection of human rights, as well as in creating the National strategies and plans for implementation, and in the process of monitoring and reporting in cases of infringing and violation on human and citizens rights. In this direction a concrete initiative is expected.
The goal of the Coordinative Body is, until the end of 2007th, by creating a space for dialogue and information exchange, to establish the directions for creating a strategic framework for protection from discrimination in Republic of Macedonia, considering that the preparation of a strategic framework will be a common process of governmental and non-governmental structures, and an expert/academic publicity, the same will be proposed to the Government as ground for creating a Strategy and Program for further joint action.A Coordinative Body for information exchange is being formed for exchange of information and coordination in the process.
The coordinative body should establish a balance and have the capacity to give the directions and the political will for an effective protection of the rights of citizens facing discrimination on different grounds.
This Body is comprised of governmental representatives, representatives of the non-governmental sector and individual experts. The members should possess knowledge for the native legal system and the legislative framework of the existing mechanisms of control, appropriate knowledge of the international standards and conditions, specifically in the field of protection of human rights, and protection from discrimination as well.
The Coordinative Body counts 30-35 members, including monitors, as are the representatives of the international organizations. The members can name their deputies. Initially, the Body is comprised of representatives of the sensitive groups and the Government, but there is space left for other interested sides working on a specific field.
2. Recognizing the conditions and analyzing the possibilities
At then same time with the creation of the Coordinative Body, we have to make an exhaustive research for the level of awareness of the citizens for the existence of discrimination, the attitude of the target groups, as well of those that are offering services or are services for the citizens. This step is necessary, as we will be able to make comparison of the approach and the further creation of the strategy for equal opportunities for all.
For the exhaustiveness of the research, it is necessary to make analyze of the existing legislation, the recognitions and conclusions will be presented in a final report that will be sent to the international institutions and organizations that work in the field of protection from discrimination, and to the European Commission as well.
On the base of this report and the recommendations within it, the national strategy will be created as well as the plan for action, with short-term, middle-term and long-term aims, according to the identified need for action and the capacity of the included parties.
But, the representatives of this body should possess certain knowledge and information during the preparation for performing their duties. It means, experience exchange with the equality bodies from the other countries, on regional and European level, as well as connecting with the newly established Agency for fundamental rights at the EU, in order to create the best approach towards constitution and further acting of one formal body for equal treatment.
3. Determination and development of the antidiscrimination legislation
According to the conclusions from the round table, there is un-doubtful need for creation and development of anti-discrimination legislation in Republic of Macedonia. That is why, the first step should be organized activity for adopting one general law for protection from discrimination (which will treat all grounds and forms of discrimination, including poverty, education, employment etc.), after that, adoption of special laws and subordinate legislation at certain fields, but also at the same time the amendments of the existing legislation acts should happen. At the same time, the research for the need of adoption new legislation will be made, the analyze of the laws that have to be subject of amendment, as well as the need for adoption of the appropriate subordinate legislation for their complete and exhaustive implementation. Specific attention will be given to the initiative for forming a National Body for human rights which can be accredited according the standards of the so called Parisian principles and which could, further on, overtake the role of a partner of the non-governmental organizations in the promotion and implementation of the proposed laws and administrative regulation. The promotion would also contain the educative components (programs and activities for educating the population in the relevant area) as a base for awareness raising and enabling the rights to be practiced by every man.
According to this analyze, further on, concrete steps for amendments through proposed approaches for lobby and joint action will be made.
Of great importance for the success of the development of this concept is the need this process being transparent and to include all stakeholders and relevant authorities, experts, academics and the representatives of the target groups, subject of discrimination and, of course, media.
Following the example of the member states of EU, the Coordinative Body will organize serial of general and thematic public debates (depending on possibilities, general – for the development of the concept for protection from discrimination and thematic – according to the field of discrimination).
First of all, till the end of 2007th, a serial of round tables will be held, where the strategic frameworks for joint action will be established, which further on should be used as a base for creating a common program.
4. Promotion of human rights and awareness raising
Starting up with the fact that for understanding the concept for human rights (“human rights dimension”), only formally recognized legal protection is not enough, but also promotion of the values and gains from diversity, efforts will be made towards creating positive picture for the different groups, excluded on different grounds.
In 2007, we have the unique possibility to promote and place accent on the values of diversities and the contribution of the different groups in the creation of the Macedonian society.
That is why; we will establish Coalition for equal opportunities composed of non-governmental organizations, which will organize national campaign for raising awareness of the population. Additionally, all groups can organize activities connected with the specific fields of discrimination, as sub-campaigns. These activities are strongly justified by the need for investment of huge efforts for breaking up the prejudices and stereotypes in relation with certain groups, as well as participation in creating the positive measures of the state and a concrete action of the community for eliminating the barriers between certain groups and their inclusion in the activities of the society.
As a process, raising awareness understands appropriate education. That is why certain activities will be taken up towards introducing it to the citizens, but also to the people that are subject of discrimination, with aim to decrease it, but also to recognize the hidden forms of indirect discrimination, harassment, or instigation to discrimination
5. Strengthening the capacities of NGO
There is a need for strengthening the capacities of the non-governmental organizations for organized action and convincing the governmental representatives that it is necessary to establish cooperation between all instances. In this line, the organizations that are working in the field of protection of human rights should strengthen their capacities in order to successfully respond to the needs for partnership relation with the governmental structures.
For independent and non-biased action, monitoring and reporting, it will be worked on recognizing equal status of the non-governmental sector in the process of decision making and creation of the policies, and at the monitoring and reporting in the cases of infraction and violation of human and citizens rights.
Question: How You, as a representative of an organization/institution, but also as an individual, could contribute to the establishment, creation and development of tools, mechanisms for cooperation?
V. FIRST STEPS
First to be created should be the directions for establishment of institutions and mechanisms for protection and monitoring. The Coordinative Body should establish the bases for further function of the formal National Body for equal treatment (or broader: for human rights), which will have the capacity for effective protection from discrimination. The proposal for establishment of this Body is not accidental, and the aim is to create one independent, non-biased body, which will cooperate with international bodies for monitoring the respect of human rights, with national bodies for equality in the other countries in Europe, as well as with the new Agency for fundamental rights. The cooperation from the very beginning of the establishment of this body is in order to gain techniques, knowledge, and expertise of the stakeholders.
The foremost establishment of the Coordinative Body is directed towards training the governmental, non-governmental and expertise structures for performing several crucial duties:
- Gathering information for the existence of discrimination, for which we should establish appropriate approach and strategy for disseminating information, including national and international experts;
- Analyses of the reasons for discrimination, for which concrete action should be taken;
- Advocacy and recommendations to the relevant institutions and bodies, for which we should establish own capacity, knowledge, and expertise, as is the understanding of the EU legislation and universal instruments and institutions for protection of the human rights;
- Monitoring and formal reporting to the European Commission for individual cases and on annual base, as well as request for expertise help form the EU bodies (as it is the Agency for fundamental rights);
- Inclusion of the national experts in the networks of independent legal experts in the field of anti-discrimination, which cooperate with the Agency;
- Organizing public debates for promotion of the positive attitudes towards different target groups and raising awareness through appropriate campaigns;
- Identification of the needs and strengthening the capacities of the organizations working in the field of protection of human rights;
- Cooperation with different stakeholders for building social partnership (ex. Cooperation with the business sector for creation of measure for employment of people, subject to discrimination on different grounds);
- Creation of National strategy and plan for action with datelines for implementation (the impact from implementation should be evaluated by the independent experts).
Question: Where would You start from? Will the above mentioned solve the problem with the cases of discrimination?
VI. TIME FRAMEWORK
Initially, the representatives of the governmental and non-governmental sector agreed on establishing the non-formal Coordinative Body. Further on, this Body will create its own Program i.e. Strategy for its further action, according to the adopted conclusions. As primary issue in the agenda is the creation of the plan for action with datelines for implementation till 2009th, supporting the efforts of the Government of RM for harmonization of the national legislation with the EU legislation. This plan will be revised on annual base, from strategic aspect but also from the aspect of planning the budget means for implementation of the planned activities.
According to the conclusions, the primary role is adoption of the General Law on protection from discrimination and the Law for protection of the rights and dignity of people with disability, which is at the Assembly’s procedure. These laws should be adopted as soon as possible, optimally till the end of 2008th.
Following activity is the adoption of new laws and subordinate acts (for fields and groups), for which adoption the datelines will be posed after wider consultations with the representatives of the target groups, as well as government representatives, experts and wider publicity.
Question: How much time, according to You, does Republic of Macedonia need for establishing appropriate legislation?
With Your comments and answers to the questions, You contribute in the building of appropriate anti-discrimination legislation in the Republic of Macedonia.
TOGETHER LET’S BUILD A SOCIETY FOR ALL
We thank you!
|
