Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C029

Demande directe

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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.