Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Macédoine du Nord (Ratification: 1991)

Autre commentaire sur C029

Demande directe

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The Committee notes the explanations provided by the Government concerning the abolition of compulsory military service (Law on Defence, as amended by Law No. 58/2006). It also notes the explanations concerning article 125 of the Constitution which regulates situations of state of emergency. Finally, the Committee notes the information provided by the Government concerning the application of alternative sanctions of community work, noting, in particular, the information on the Memoranda of Cooperation between the Directorate for Execution of Sanctions and the public enterprises entitled to receive persons sentenced to alternative sanctions.

Articles 1(1) and 2(1), of the Convention. Freedom of workers to terminate employment. (a) Civil servants. The Committee notes the Government’s indication that, according to section 107 of the Law on Civil Servants, civil servants’ employment might be terminated upon the submission of a written request to resign, with a notice period of 30 days, unless otherwise agreed by the parties. The Committee requests the Government to indicate whether requests for resignation of civil servants have been refused in practice, and, if so, what were the grounds for refusal.

(b) Career military officers. The Committee previously requested the Government to indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service at their own request. In its report, the Government refers in this connection to section 225 of the Army Service Regulation Law, according to which career military officers might terminate their employment upon request, with a notice period of one to three months. It also states that the minister or a person authorized by the minister shall decide on the request. The Committee therefore requests the Government to indicate whether requests for resignation of military officers and other career members of the armed forces have been refused in practice, indicating, in particular, the grounds for refusal. Please provide a copy of the Law on Military Service in the Armed Forces of the Republic of Macedonia, as amended in 2005.

Article 2(2)(c). Prison labour. The Committee notes the detailed information supplied by the Government in its report concerning its policy on prisoner employment under the Law on the Execution of Sanctions and the Code of Criminal Procedure. It also notes the Government’s indication that, under the Law on the Execution of Sanctions, convicts’ work shall be organized and performed, as a rule, in the institution’s economy units, with no distinction being made between private and public legal entities for which convicts could work. In this connection, the Committee recalls, referring to paragraph 60 of its 2007 General Survey on the eradication of forced labour, that, in order to comply with the Convention, private employment of prison labour must be voluntary and depend on the formal, free and informed consent of the prisoner concerned. However, the requirement of such consent is not in itself sufficient to eliminate the possibility that it is given under the menace of loss of a right or advantage. The Committee has considered that conditions approximating a free labour relationship are the most reliable indicator of the voluntariness of prison labour. It notes from the Government’s report and from sections 47 and 113 to 125 of the Law on the Execution of Sanctions that the work of convicts is not compulsory and that prisoners’ conditions of work may be considered as approximating those of a free labour relationship. The Committee therefore requests the Government to indicate how the formal, free and informed consent of prisoners to work for private enterprises is obtained, supplying sample copies of contracts concluded between private enterprises and penitentiary institutions, as well as of any contracts concluded between prisoners and private enterprises. Finally, the Committee requests the Government to provide a copy of the Rulebook No. 123/2007 on the compensation and rewards of the convicted persons for the work performed.

Article 25. Enforcement of provisions related to trafficking in persons. In its previous comments, the Committee had noted the amendments to the Criminal Code providing for the criminalization of trafficking in human beings. It also noted the adoption of a Plan of Action, in 2007, with the aim of strengthening the fight against trafficking through the harmonization of national legislation with the EU legislation. The Committee finally noted that the Government, in cooperation with the Organization for Security and Cooperation in Europe (OSCE), had been providing assistance in implementing “Standard Operating Procedures for treatment of victims of trafficking in human beings”. It requested the Government to provide information on the implementation of the National Plan of Action, as well as on other measures taken to combat trafficking in persons, in particular as regards any prosecutions initiated against perpetrators and the sanctions imposed.

The Committee notes the detailed information provided by the Government in its report on the activities carried out aiming at preventing the trafficking in persons, in particular the development and implementation of measures to protect and reintegrate victims of trafficking through the National Referral Mechanism Office for victims of trafficking in human beings (NRM), operating since 2005 within the Ministry of Labour and Social Policy. As regards the prosecution of perpetrators, the Government refers to three court decisions from 2008 that lead to the imprisonment of nine defendants for the crime of trafficking in human beings (in the cases mentioned all victims were children). The Government indicates that the sentences provided for monetary compensation for the victims. The Government also provides information on capacity building activities undertaken in cooperation with the OSCE, UNICEF, the Red Cross of The former Yugoslav Republic of Macedonia and other local NGOs, as well as on amendments to the Family Law and on future amendments to the Law on Social Protection and the Law on Protection of Children, both aiming at increasing the legal protection of child victims of trafficking. Finally, the Committee notes the indication that the Government is currently working on the implementation of a national database on the victims of trafficking in human beings.

While noting the above information, which shows the Government’s significant efforts in undertaking strong and effective measures to tackle the issue of trafficking in human beings, the Committee would appreciate if the Government could continue to provide, in its future reports, information on the results obtained with the implementation of the National Plan of Action, as well as with the implementation of the national database on the victims of trafficking, including updated statistics. Please also continue to provide information on court decisions concerning trafficking cases, as well as information regarding any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings against the perpetrators.

Labour exploitation of vulnerable workers in the Roma community. In its previous comments, the Committee drew the Government’s attention to the widespread discrimination faced by the Roma community in Macedonia in the field of employment, which could increase the vulnerability of workers of this community, leading to labour exploitation as an ultimate consequence. The Committee requested the Government to supply information on the measures taken to guarantee equal access of the Roma community to the regular labour market, in order to give them opportunities to have access to decent jobs and protect them from any form of labour exploitation, including forced begging. The Committee notes the information provided by the Government in its report concerning employment policies and strategies, as well as planned activities aimed at employment promotion and unemployment mitigation. It notes, in particular, the information on the Operational Programme of the Government of Republic of Macedonia 2008–12, which lays down macro-economic and employment measures for various target groups, including the Roma population. The Committee refers in this regard to its comments addressed to the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).