Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee takes note of the information provided by the Government in its first report on the application of the Convention. The Committee would be grateful if the Government would supply, in its next report, a copy of the text of the Law of Defence as amended in 2006, the Law on Military Service of the Armed Forces of the Republic of Macedonia as amended in 2005, indicating the provisions regulating compulsory military service, as well as a copy of the legislation applicable to state of emergency. Furthermore, the Committee would also appreciate it if the Government would supply additional information regarding the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of workers to terminate employment. (a) Civil servants. The Committee notes that articles 81 and 82 of the Law on Civil Servants of 20 July 2000 refer to the issue of termination of employment of this category of employees. However, these provisions do not provide for voluntary resignation for civil servants. Under these circumstances, the Committee would appreciate if the Government could indicate the legal provisions under which civil servants are allowed voluntary resignation and provide information on their application in practice.

(b) Career military officers. The Committee would also appreciate if the Government could indicate whether career military officers have the right to leave the service, in time of peace, at their own request, and under which circumstances. Please provide a copy of the relevant legislation.

Article 2(2)(c). Prison labour. (a) Work exacted as a consequence of a conviction in a court of law. The Committee notes that, according to the relevant provisions of the Code of Criminal Procedure and the Law on Execution of Sanction of 1997, work of convicted detainees is not compulsory. According to article 194, paragraph 3 of the Code of Criminal procedure, “upon his/her request, the detainee may be allowed to work within the prison”. Section 7 of Chapter X of the Law on Execution of Sanctions provides for the conditions under which the convicts can work. While noting that in its first report the Government indicated that no concessions were granted to private individuals, companies or associations and involving forced or compulsory labour, the Committee observes that article 117 of the Law provides for different options. As a rule, convicts work in the institution’s economy unit. However, convicts under “half-open section treatment” can occasionally work under supervision in legal entities and other institutions, while convicts under “open-section treatment” can perform work also outside the institution. The Committee recalls that Article 2(2)(c) of the Convention provides that the term “forced or compulsory labour” shall not include any work or service exacted from any person as a consequence of a conviction in a court, provided that the said work or service is carried out under the supervision and control of a public authority and the said person is not “hired to” or “placed at the disposal of” private individuals, companies or associations. In this connection, the Committee would appreciate it if the Government would supply further details concerning the practical application of provisions governing prison labour, when detainees work for private entities. The Committee would also be grateful if the Government would provide information on the manner in which the consent of prisoners is obtained in cases where they work for such operators, as well as on their working conditions and wages.

Community service imposed as an alternative measure to detention. The Committee takes note that the legislation provides for alternative measures to detention. According to sections 48, 48-a and 58-b of the Criminal Code and section 229 of the Law on Execution of Sanctions, the court can decide to apply community work to a perpetrator of small crimes and upon his/her agreement. According to section 237 of the Law on Execution of Sanctions, the Directorate shall make an agreement for community service with a state body, public enterprise, institution and unit of the local self-government or with a humanitarian organization where the convict can execute his/her own obligation. The Committee would be grateful if the Government would provide further information on the modalities for serving this penalty, indicating the types of work which may be imposed in the context of this penalty and the institutions entitled to receive persons sentenced to this penalty. Please also communicate information on the criteria used by the authorities to determine the types of associations or institutions that are placed on the list, in order to enable the Committee to ensure that they are entities with non-profit objectives.

Article 25. Enforcement of provisions related to trafficking in human beings. The Committee notes with interest that amendments to the Criminal Code have lead to criminalize trafficking in human beings. Particularly, section 418-a of the Criminal Code gives a broad definition of trafficking in human beings, listing a wide range of crimes implying the use of force or threat towards other persons and establishing a punishment of a minimum of four years of prison.
Section 418-c also provides for a minimum of eight years of prison for those persons organizing a group, gang or other association to commit the crime of trafficking in human beings. The Committee also takes note that a Plan of Action was adopted in 2007 with the aim of consolidating the work undertaken so far and strengthening the fight against trafficking through the harmonization of the national legislation with the EU legislation. The Committee acknowledges the Government’s effort in undertaking strong and effective measures to tackle the issue of trafficking in human beings. The Committee further observes that the OSCE, in cooperation with the Government, is providing assistance in implementing the “Standard Operating Procedures for treatment of victims of trafficking in human beings”. The Committee would appreciate it if the Government could provide detailed information in future reports on the result obtained in the implementation of the National Plan of Action, as well as on other measures taken to combat trafficking in persons. Please also indicate the difficulties encountered by the authorities in combating trafficking in persons, punishing those responsible and protecting victims. In particular, please, provide information on prosecutions initiated against those responsible, the participation of victims in these procedures and the sanctions imposed.

Labour exploitation of vulnerable workers in the Roma community. The Committee refers to the concluding observations of the UN Committee on Economic, Social and Cultural Rights on the implementation of the International Covenant on Economic Social and Cultural Rights, by the former Yugoslav Republic of Macedonia, where it expressed its concerns for the widespread discrimination that the Roma community faces in access to employment, social assistance, health care and education; the lack of personal documents, such as identity cards and/or employment cards. The Committee observes that the UN Committee urged the Government to increase its efforts to secure basic infrastructures and amenities and equal access to the regular labour market to the Roma community (document E/C.12/MKD/CO/1 of 15 January 2008). The Committee considers that discrimination in the field of employment makes the workers of this community vulnerable, which could lead to labour exploitation as an ultimate consequence. The Committee would be grateful if the Government would supply information on the practical measures taken to guarantee equal access of the Roma community to the regular labour market, in order to give them the opportunities for decent jobs and protect them from any form of labour exploitation, including forced begging.