REQUEST

to the Government of the Republic of Macedonia as the proposer of the Law on Prevention and Protection against Discrimination

Having regard to the importance of the adoption of the legislation on equality in Macedonia

Having regard to the lengthy development process of such legislation

Having regard to the importance of the harmonization of this law with EU legislation in the same field and the inevitability part of the changes to be adopted regardless of the current opinion of the government or the civil society

Given that the Law on Prevention and Protection against Discrimination must be in accordance with EU directives on equality

Concerned regarding the latest version of the suggested text adopted by the Government and submitted for a parliamentary procedure

Concerned over the fact that the civil society was misled and devaluated with the proposal of a text not harmonized with them and criticized by the Venetian Committee

We the undersigned civil associations, institutions and individuals, request for withdrawal of this version of the draft Law on Prevention and Protection against Discrimination because we believe that the version of the law submitted to the Parliament of the Republic of Macedonia contains a number of substantial changes of the text written in cooperation with civil associations. These changes put into question its compliance with the European law, the implementation of the law, its effectiveness and ability to protect against discrimination:

1. The following is deleted from the text:

 Definitions of the basic terms (for example: discrimination, equality, marginalized group, etc.), thus reducing the probability for recognition of discrimination and effective prevention and protection against discrimination;

 The Law’s objective, despite protection from discrimination, also included promotion of the principle of equality and protection from encouragement of discrimination;

 Criteria and practices from the definition of indirect discrimination, contrary to their clear formulation in the EU Directives;

 Sexual orientation and belief as grounds of discrimination, explicitly listed in the EU Directives as minimum grounds to be implemented in national legislation;

- Reference to and abetting of discrimination (a separate article and part of the Law’s objectives), inaccessibility and victimization, also clearly defined in EU Directives;

- Different forms of discrimination in the providing of goods and services;

- Other significant provisions that placed the law in the context of the Republic of Macedonia;

2. The suggested version of the draft Law contains several articles that are merged and mixed:

- Affirmative actions (in order to eliminate or decrease the realistic inequalities due to past discrimination);

- Unequal treatment, which is not considered as discrimination (in cases when there is an objective justified goal, in accordance with the Constitution, the law and the international agreements) and,

- Protective measures for certain groups of people (pregnant women, children without parents etc.),

thus creating the possibility for confusion and incorrect interpretation of the law.

3. In the suggested version of the draft Law, the proposed body on equality- the Commission:
 Is renamed from Commission for Equality into Commission for Protection against Discrimination, thus narrowing its mandate (contrary to the directives’ requirements and ECRI’s recommendations);
- The independence of the Commission is revoked (its working, functional and financial independence), which are the essential components of the Commission;
 Only three of the 16 previously defined responsibilities of the Commission are maintained, thus reducing the Commission to a representative of the Ministry of Labour and Social Politics and doubling an already existing body (which has proved dysfunctional as a tool provided by the Law on Equal Opportunities between Women and Men);
 The jurisdiction for the formation of databases, a tool in the fight against discrimination (particularly of the structural discrimination) has been left out;
 The possibility for the Commission’s cooperation with national and international structures has been left out, which only confirms its dependence and passive position within the Ministry of Labour and Social Politics;
 The section which provides the commission with the possibility to instigate procedures on its own initiative, as well as provisions providing the possibility of mediation (the provisions contained in the recommendations of ECRI) have been left out;

4. The provision that provided for the possibility of a separate complaint on the ground of discrimination has been left out, which renders more difficult the work of the courts in relation to determining the urgency of the proceedings, the burden of proof and the role of other parties in the proceedings (the Commission, NGOs);

5. The transitional provision for the establishment of a commission, guaranteeing appropriate selection of committee members, providing resources and adoption of appropriate regulations for its functioning has been left out.

Therefore we suggest that,
The Government withdraws the submitted Draft-law and restore the text developed by civil associations a working group composed of representatives of the relevant ministries, the Ombudsman and representatives of the civil society, on November, 2009, a general text for parliamentary debate. This will create conditions for a quick adoption of a law that would correspond to EU standards, the needs of the citizens of Macedonia and will enable the promotion of equality and protection from discrimination in the Republic of Macedonia.
Skopje, December 16, 2010

Respectfully,

1. Coalition for Promotion and Protection of Sexual and Health Rights of Marginalized Communities
2. H.E.R.A.
3. HOPS- Healthy options
4. Human Rights and Conflict Resolution Centre
5. Macedonian Center for International Cooperation- MCIC
6. Macedonian Helsinki Committee
7. Coalition “All for Fair Trial”
8. Foundation Open Society Institute Macedonia- FOSIM
9. Youth Educational Forum
10. Macedonian Centre for European Education
11. Humanitarian and Charitable Roma Association “Mesecina”- Gostivar
12. First Children Embassy in the World- Megashi
13. PAC Mutlimedia
14. Centre for Sustainable Development of the Community- Debar
15. Centre for Community Support- Resen
16. STAR
17. Roma Cerenja Association and Radio Cerenja
18. BORKA- For Each New Day
19. Centre for Community Development- Kicevo
20. Contemporary Art Centre
21. Regional Centre for Sustainable Development- Kratovo
22. COR- PORTA
23. Peace Action
24. Youth Cultural Centre- Bitola
25. Development and Activism Association “Akva”- Strumica
26. IZBOR- Strumica
27. Doverba- Skopje
28. PULS- Kumanovo
29. Youth Club- Stip
30. Opcija- Ohrid
31. HELP- Gostivar
32. EGAL- Skopje
33. Association of the Cultural Identity of the Egiptians- IZIDA, Resen
34. InSOK- Initiative for Social Changes
35. Common Values- Skopje
36. Rubicon
37. Centre for Development and Promotion of the Public Life- Tetovo
38. Support Centre- Gevgelija
39. Humanitarian and Charitable Roma Association “Mesecina”- Kicevo
40. NGO Info Centre
41. Youth Alliance- Tetovo
42. Radika- DE- Debar
43. University Third Age
44. MIA- Association for Health Education and Promotion of Health
45. Regional Centre for Sustainable Development- Gevgelija
46. Centre for Civil Initiative- Prilep
47. Foundation for Development of the Local Community- Stip
48. ADDR “Sonce”- Tetovo