Committee on Economic, Social and Cultural Rights

Concluding observations on the combined second to fourth periodic reports of the former Yugoslav Republic of Macedonia *

1.The Committee on Economic, Social and Cultural Rights considered the combined second to fourth periodic reports of the former Yugoslav Republic of Macedonia on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/MKD/2-4) at its 32nd and 33rd meetings (see E/C.12/2016/SR.32 and 33), held on 13 and 14 June 2016. It adopted the following concluding observations at its 49th meeting, held on 24 June 2016.

A.Introduction

2.The Committee welcomes the combined second to fourth periodic reports submitted by the State party, despite the long delay in submission, and the supplementary information provided in the replies to the list of issues (E/C.12/MKD/Q/2-4/Add.1). The Committee also appreciates the constructive dialogue held with the State party’s interministerial delegation.

B.Positive aspects

3.The Committee welcomes the ratification by the State party of the following:

(a)Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2012;

(b)Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2011;

(c)Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2009.

4.The Committee also welcomes the adoption by the State party of the following legislation:

(a)Law on Prevention of and Protection against Domestic Violence of 2014;

(b)National Strategy for Gender Equality 2013-2020;

(c)Law on the Minimum Wage of 2012;

(d)Law on Equal Opportunities for Women and Men of 2012;

(e)Law on Prevention of and Protection against Discrimination of 2010;

(f)Law on Free Legal Aid of 2009;

(g)Law on Social Protection of 2009;

(h)National Strategy for the Reduction of Poverty and Social Exclusion 2010­2020.

C.Principal subjects of concern and recommendations

Domestic application of the Covenant

5.While noting that articles 98 and 108 of the Constitution of the State party provide for direct application of the Covenant in the domestic legal order, the Committee regrets that neither specific cases nor statistical data were presented illustrating judicial practice in this regard. The Committee is also concerned at the insufficient level of training provided for judicial officials and legal professionals on the Covenant rights.

6. The Committee recommends that the State party take all measures necessary to improve awareness about the direct applicability of the Covenant among judges, prosecutors and lawyers, including by integrating the Covenant in the curriculum of the Academy for Judges and Public Prosecutors and other training programmes for legal professionals. The Committee also recommends that the State party include in its next periodic report information on the application of the Covenant by domestic courts. The Committee refers to its general comment No. 9 (1998) on the domestic application of the Covenant.

Data collection

7.The Committee regrets that the State party has postponed the population census originally planned for 2011 and that, as a result, there are no updated data on the composition of the population. The Committee is also concerned at the insufficient statistical data provided by the State party on the realization of economic, social and cultural rights.

8. The Committee urges the State party to conduct the population census without further delay. It recommends that the State party take all measures necessary to improve its data collection system to enable the timely collection of reliable data on the situation in all areas of Covenant rights, robust analysis, and effective and efficient data management.

Impact of decentralization on the enjoyment of economic, social and cultural rights

9.The Committee notes that some responsibilities of the central Government, particularly in the areas of social security, water and sanitation, primary health care and other public services, and primary and secondary education, have been devolved to municipalities in the process of decentralization. The Committee is concerned, however, at the large discrepancies in administrative and financial capacities among municipal authorities, which may have discriminatory effects on the enjoyment of the economic, social and cultural rights of the people living in different parts of the State party, particularly those living in rural areas.

10. The Committee reminds the State party that decentralization of powers by no means reduces the responsibility of the State party for fulfilling its obligations under the Covenant. The Committee recommends that the State party increase the awareness of the municipal authorities regarding their obligations under the Covenant and take all measures necessary to enable all municipalities to carry out their responsibilities with a view to ensuring that all people, in urban and rural areas, enjoy the Covenant rights on an equal basis, including monitoring by the central Government of the implementation of the Covenant rights by municipalities. The Committee also recommends that the State party conduct a comprehensive analysis of the impact of the decentralization process on the enjoyment of economic, social and cultural rights.

Ombudsman

11.The Committee regrets that the institution of the Ombudsman, accredited by the Global Alliance of National Human Rights Institutions (formerly known as the International Coordinating Committee of National Human Rights Institutions) with B status, is not fully compliant with the principles relating to national institutions for the promotion and protection of human rights (the Paris Principles). The Committee is concerned at the long delay in appointing three of the four Ombudsman’s deputies whose mandates expired in 2013/14; at the delays in the adoption of amendments to the Law on the Ombudsman of 2003 in accordance with the recommendations of the Global Alliance Subcommittee on Accreditation; at the insufficient level of human and financial resources provided to the Ombudsman’s Office; and at the decreasing level of follow-up by relevant ministries on the recommendations made by the Ombudsman.

12. The Committee urges the State party to fill, without further delay, the three vacant posts of deputy to the Ombudsman. It recommends that the State party ensure that the draft law on supplementing and amending the Law on the Ombudsman is in line with the Paris Pri