A debate was held on the challenges in implementing the Law on Prevention and Protection against Discrimination
A public debate was organized by the Network for Protection against Discrimination, supported by the Foundation Open Society – Macedonia, dedicated to the challenges in implementing the Law on Prevention and Protection against Discrimination. The debate was attended by representatives of civil society organizations, the Ministry of Labor and Social Policy, the media and the Ombudsman.
“In a situation where the Commission for Prevention and Protection against Discrimination has not yet been established, under the new law, we do not have the institutional mechanisms before which we can report these cases.”
CSOs emphasized that four months after the adoption of the Law on Prevention and Protection against Discrimination, implementation has not started yet. The new composition of the Commission for Protection against Discrimination has not yet been elected by the Parliament of the Republic of North Macedonia. In addition, the process of electing members of the Commission, as indicated by the Network, is non-transparent and non-inclusive. The public is not aware of many thigs such as: the selection process, who has applied, whether the qualifications of the applicants are appropriate to the requirements of the advert, and whether the principle of equitable representation and gender balance will be respected in the selection of the Commission.
“In the past period we have witnessed frequent sexist speeches by public figures and the media, as well as hate speech. In a situation where the Commission for Prevention and Protection against Discrimination has not yet been established, under the new law, we do not have the institutional mechanisms before which we can report these cases.”
According to data available to the Network for Protection against Discrimination, 2018 saw a rapid increase in complaints filed to the Commission for Protection against Discrimination – 132 complaints were filed, compared to 59 complaints in 2017. But, by delaying the election of the members of the Commission, a situation of legal vacuum can be created as there is a possibility that the deadline for acting upon the citizens’ complaints for discrimination on various grounds may expire. Because of this delay, citizens cannot receive effective protection against discrimination, especially if it occurs in the private sector.
The Network for Protection against Discrimination insists that Parliament urgently establish an independent Commission for Protection against Discrimination, as a key element in the implementation of the Law on Prevention and Protection against Discrimination. In doing so, it is necessary to select professional and independent candidates who are in no way affiliated with political parties. Furthermore, ethnicity must not be the sole criterion. Gender balance must be taken into account and representatives of marginalized communities included.
The Network for Protection against Discrimination emphasized that despite the political will, the issue is still not treated seriously enough. In a democratic state, the issue of non-discrimination must be a priority, especially in the face of expectations for the start of EU membership negotiations.
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30 September 2019