Forced Labour Convention, 1930 (No. 29) - North Macedonia (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the Government’s indication in its report concerning the adoption of the fifth Strategy and Action Plan for Combating Trafficking in Human Beings and Illegal Migration for 2021–25. The Strategy and the Action Plan for 2021–25 set out strategic objectives in a number of areas, including the strengthening of the institutional framework; prevention; identification and referral; direct assistance, protection, integration; the voluntary return of victims; and efficient detection and prosecution. In this regard, the Committee also takes note of the adoption of: the Standard Operating Procedures (SOPs) for Treatment of Victims of Trafficking; the Regulations of 2021, No. 91, adopted by the Ministry of Labour and Social Policy, which have established parameters for the provision of temporary accommodation at the centres for victims of trafficking; and the Act on the Payment of Monetary Compensation to Victims of Violent Crimes of 2022, No. 247, introducing a state compensation for victims of crimes, including trafficking in persons.

The Government also refers to the action of the five mobile anti-trafficking teams for the identification of vulnerable persons, including victims of trafficking, which undertook regular meetings, field visits and contacts, made referrals and provided assistance to victims across the country, as well as the assistance provided to victims in the Centre for Victims of Human Trafficking. For the period August–December 2021, 7 persons, including 3 men and 4 women, were identified as victims of trafficking and 68 persons, including 12 men and 56 women, as potential victims of trafficking.

Considering the country´s central position on main migration routes, the Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons. It requests the Government to provide information on:

• the measures taken to implement the Strategy and the Action Plan for Combating Trafficking in Human Beings and Illegal Migration for 2021–25;
• the results of the assessment of the implementation of the Strategy undertaken by the National Commission for Combating Trafficking in Human Beings and Illegal Smuggling;
• the number of victims of trafficking who have been identified and the nature of the services provided for their recovery as well as the number of victims who received compensation;
• the action of the law enforcement bodies, including information on the number of prosecutions, convictions and penalties imposed under section 418(a) (trafficking in persons) of the Criminal Code.

Articles 1(1) and 2(1). Freedom of civil servants to terminate employment. The Committee notes that as per section 98(3), (4) and (7) of the Act on Administrative Officers, No. 27/2014, the employment of civil servants’ is terminated upon the submission of a written request to resign, with a notice period of 30 days, unless otherwise determined by law. The decision to terminate the employment of the civil servant is made by the head of the institution. Pursuant to sections 82-a and 82-b of the Act on Administrative Officers, civil servants may submit a complaint to the Administration Agency to protect their rights, including as regards the termination of employment. Noting the absence of information in the Government’s report, the Committee reiterates its request to the Government to provide information on the number of written requests to resign submitted by civil servants, the number of those refused and the grounds for such refusal, as well as information on the number of civil servants who have submitted appeals in this regard to the Administration Agency.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the Government’s statement that the evaluation of the first National Action Plan for 2009–12 was positive, but the support and protection for victims of human trafficking needed to be improved. The Committee further noted that, the second National Plan to Fight against Human Trafficking and Illegal Migration for 2013–16 was adopted. Measures taken included the implementation of a seminar for health-care workers on protection of human trafficking victims, and the establishment in three municipalities of mobile teams tasked with detecting human trafficking victims, providing support to those identified and implementing reintegration programmes. The Government also indicated that, between 2007 and 2013, 20 adult victims of trafficking were identified. However, the Committee noted that the UN Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 March 2013, while noting the legislative, institutional and policy measures taken to combat trafficking in persons, expressed concern at the lack of preventive measures to address the root causes of trafficking, in particular with regard to Roma women (CEDAW/C/MKD/CO/4-5, paragraph 24).

The Committee notes the Government’s information in its report that, during 2016, the National Referral Mechanism (NRM) for Human Trafficking Victims continued to develop cooperation and coordination with social work centres, labour inspectors, the Ministry of Interior Affairs, the Combating Human Trafficking and Illegal Migration Units, as well as the Centre for Victims of Human Trafficking operated by NGOs on the protection of human trafficking victims. Through the NRM, three human trafficking victims (all female) were identified in 2015, of which one was an adult and two were children. The Committee also notes that, with the support of the Ministry of Labour and Social Policy, the Equal Access Association implemented the project for “providing support and services for human trafficking victims and vulnerable groups at the local level” and benefited 28 identified victims from 2012 to April 2015. Moreover, the Open Gate Association is implementing the programme for “supporting social work with victims of human trafficking and potential victims”, which provides shelter, food, medical examinations, legal assistance, psycho social support and educational and professional training, with the aim of supporting and monitoring the process of integration of human trafficking victims after leaving the shelter. Other services are also available to the victims of human trafficking through the cooperation with the associations “Open Gate” and “For a Happy Childhood”.

The Committee further notes that, according to the statistics published by the State Statistical Office, in 2015, four perpetrators were accused of human trafficking and all were convicted, while 12 were accused of organizing a group and inciting to commit the crimes of human trafficking and smuggling, out of which eight were convicted. In 2014, one perpetrator was accused and convicted of human trafficking. Taking due note of the measures taken by the Government, the Committee encourages the Government to continue its efforts to prevent and combat trafficking in persons, as well as to ensure that victims of trafficking are provided with appropriate protection and services. It requests the Government to continue to provide information on measures taken in this regard, including measures specifically aimed at Roma persons, as well as information on the application in practice of the provisions of the Criminal Code relating to trafficking in persons, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. (a) Civil servants. The Committee previously noted 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 also noted the Government’s statement that if a civil servant is prevented from enjoying any right in a labour relationship, including the right to provide notice, the person may submit an appeal to the Administration Agency.

The Committee notes the information in the Government’s report that, the Administration Agency exercises its jurisdiction with a Commission for deciding in the second instance on complaints and appeals of administrative servants. The Committee also notes that, during the period from 1 January 2014 to 30 June 2016, 30 complaints/appeals were submitted against resolutions on termination of employments by civil servants, while 79 were rejected as unfounded. The Committee notes that the Government does not indicate why the 79 complaints/appeals were rejected as unfounded. The Committee therefore requests the Government to continue providing information on the number of written requests to resign that have been refused and the grounds for such refusal, as well as information on the number of persons who have submitted appeals in this regard to the Administration Agency.

(b) Career military officers. The Committee previously noted that, pursuant to section 225 of the Army Service Regulation Law, career military officers might terminate their employment upon request, with a notice period of one to three months, and the minister or a person authorized by the minister shall decide on the request. The Committee also noted that the termination of a working relationship by active military personnel is legally standardized and that, if the legal conditions are not met, such a request could be rejected.

The Committee notes the Government’s statement that, section 218, paragraph 1, of the Army Service Regulation Law, exhaustively lists all the reasons which represent grounds for termination of employment of active military and civilian personnel, including the termination of employment upon their request (item 9). The Committee also notes that, in the period between January 2014 and June 2016, 125 professional soldiers terminated their employment upon their request, and all requests for termination of the employment were accepted.

Article 2(2)(c). Prison labour. The Committee previously noted 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 economic units, with no distinction being made between private and public legal entities for which convicts could work. The Committee also noted the Government’s statement that, within the prison system, work arrangements for prisoners were only on a voluntary basis. The Government stated that the unit for the re-socialization of prisoners had the task of motivating prisoners to accept work, but work was not an imposed obligation. The Committee also noted the Government’s statement that convicted persons might work in external firms, with the approval of the director of the administration for executing sanctions, and under the conditions foreseen in the guide on the terms, manner and procedure for the work arrangement of a convicted person outside the institution. These terms stipulated that it was compulsory to get the written consent of the prisoner prior to their employment. This consent was obtained in the form of a signed statement indicating the prisoner’s consent to work in a certain position in an enterprise outside of the prison.

The Committee notes the Government’s information that, up to 31 April 2016, there were 115 convicts hired outside the institution in total, and they were usually employed in handicraft or service activity as masons, mechanics, store persons, vendors, cooks, and cleaners. The Committee also notes the copy of Guidelines of conditions, manner and procedure for the work of a convicted person outside the institution, as well as copies of the signed statements of detainees who work outside the penitentiary institution.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the amendments to the Criminal Code providing for the criminalization of trafficking in persons as well as the adoption of a plan of action, with the aim of strengthening the fight against trafficking. It also took note of the implementation of measures to protect and reintegrate victims of trafficking through the National Referral Mechanism.

The Committee notes the Government’s statement that the evaluation of the National Action Plan 2009–12 was positive, but that the support and protection for victims of human trafficking needed to be improved. The Government indicates that, in 2011, the centre for human trafficking victims was opened and, between 2011 and June 2013, it housed 18 persons, including four adults. In 2013 the National Plan to Fight Against Human Trafficking and Illegal Migration 2013–16 was adopted, to be implemented by the Ministry of Labour and Social Policy. Measures taken include the implementation of a seminar for health-care workers on protection of human trafficking victims, and the establishment in three municipalities of mobile teams tasked with detecting human trafficking victims, providing support to those identified and implementing reintegration programmes. The Government also indicates that, between 2007 and 2013, 20 adult victims of trafficking were identified, including five victims in 2011, four such victims in 2012 and zero victims in the first half of 2013.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 March 2013, while noting the legislative, institutional and policy measures taken to combat trafficking in persons, expressed concern at the lack of preventive measures to address the root causes of trafficking, in particular with regard to Roma women (CEDAW/C/MKD/CO/4-5, paragraph 24). Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons, as well as to ensure that victims of trafficking are provided with appropriate protection and services. It requests the Government to continue to provide information on measures taken in this regard, including measures specifically aimed at Roma persons. Lastly, the Committee requests the Government to provide information on the application in practice of the provisions of the Criminal Code relating to trafficking in persons, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. (a) Civil servants. The Committee previously noted 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 notes the Government’s statement that if a civil servant is prevented from enjoying any right in a labour relationship, including the right to provide notice, the person may submit an appeal to the Administration Agency. The Committee requests the Government to provide information on the number of written requests to resign that have been refused and the grounds for such refusal, as well as information on the number of persons who have submitted appeals in this regard to the Administration Agency.

(b) Career military officers. The Committee previously noted that, pursuant to section 225 of the Army Service Regulation Law, career military officers might terminate their employment upon request, with a notice period of one to three months, and the minister or a person authorized by the minister shall decide on the request. The Committee requested the Government to indicate whether requests in this regard had been refused.

The Committee notes the Government’s statement that the termination of a working relationship by active military personnel is legally standardized and that, if the legal conditions are not met, such a request could be rejected. Referring to the General Survey on fundamental Conventions concerning rights at work, 2012, paragraph 290, the Committee recalls that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice. It accordingly requests the Government to provide, in its next report, information on the application in practice of section 225 of the Army Service Regulation Law, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for this refusal.

Article 2(2)(c). Prison labour. The Committee previously noted 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 economic units, with no distinction being made between private and public legal entities for which convicts could work.

The Committee notes the Government’s statement that, within the prison system, work arrangements for prisoners are only on a voluntary basis. The Government states that the unit for the re-socialization of prisoners has the task of motivating prisoners to accept work, but work is not an imposed obligation. The Committee also notes the Government’s statement that convicted persons may work in external firms, with the approval of the director of the administration for executing sanctions, and under the conditions foreseen in the guide on the terms, manner and procedure for the work arrangement of a convicted person outside the institution. These terms stipulate that it is compulsory to get the written consent of the prisoner prior to their employment. This consent is obtained in the form of a signed statement indicating the prisoner’s consent to work in a certain position in an enterprise outside of the prison. The Committee requests the Government to provide, with its next report, a copy of the guide on the terms, manner and procedure for the work arrangement of a convicted person outside the institution, as well as sample copies of signed statements of prisoners indicating their consent to work in external enterprises. It also requests the Government to provide information on the number of prisoners who are engaged in work for private enterprises and the nature of the work performed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. 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.

Articles 1 (paragraph 1), and 2 (paragraph 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, paragraph 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 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (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.