EUROPEAN UNION DELEGATION OF THE EUROPEAN COMMISSION TO THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA EU ACTION AGAINST DISCRIMINATION IN A CANDIDATE COUNTRY

INTRODUCTION The Country is a multiethnic and multi- confessional society. A multiethnic and multi-confessional society has a higher degree of complexity and issues related to discrimination assume an higher importance compared to more homogeneous societies.

INTRODUCTION All new Member States must incorporate European law on anti-discrimination into their national laws before the join the European Union. In particular, the Country must incorporate: - Racial/ethnic equality directive(2000/43/EC) - Employment equality directive (2000/78/EC)

TABLE GROUND of DISCRIMINATION POPULATION SCOPE

THE ROLE OF THE DELEGATION To represent - To inform To monitor/to Report - To support To represent. To represent the European Union in the Country. This role has no particular relevance for the present discussion.

TO INFORM To inform authorities, institutions, media, business community, civil society and citizens about the pre- accession process and about the EU institutions and policies. In particular, to inform about policies, programmes, projects and other initiatives of the European Union in the field of anti-discrimination which is an area where the European Commission's Directorate General for Employment, Social Affairs and Equal Opportunities is active.

TO INFORM Example of relevant activities developed: organization of the public debate "Position of relevant stakeholders regarding discrimination based on sexual orientation" at the EU Info Centre of Skopje within the premises of the ECD. The debate was chaired by the Dutch Ambassador and presentations were gave by the State Secretary of the Ministry of Labor and Social Policy, the Director of Human Rights Watch of New York and a representative from the Q Program of the Centre for Human Rights and Conflict Resolution of Skopje.

MONITOR AND REPORT To monitor and to report: - compliance with the political and economic criteria for membership of the EU; - alignment of the Country legislation with EU legislation and as well the capacity to implement and enforce it.

MONITOR AND REPORT How? - By monitoring all the relevant official documents produced by authorities, international organizations and non governmental organisations; - By meeting representatives of authorities, international organizations and non governmental organizations.

MONITOR AND REPORT By issuing a Monthly Pre Accession Report; By issuing an Annual Progress Report; By issuing ad hoc reports.

MONITOR AND REPORT These reports are assessing the progress of the Country in the Stabilisation and Association process. Within the Annual and the Monthly Reports, anti- discrimination related issues are specifically considered in the chapter Political Criteria, in the heading Human Rights and the protection of minorities, in the sub heading Economic and Social Rights and in the sub sub heading Anti-discrimination policies.

MONITOR AND REPORT Main findings from recent monitoring and reporting activities: Framework law on anti-discrimination - The framework law on anti-discrimination covering all the ground of discrimination as in the EU acquis should be finalise and submitted to the parliament by June 2009.

ANNUAL PROGRESS REPORT UN convention on the rights of people with disabilities not signed; No framework law on antidiscrimination enacted; EU anti discrimination rules not been clearly regulated in the existing legal provisions; Mechanism to identify, pursue and criminalise all form of discrimination not yet established; Administrative capacity in the anti-discrimination area remain weak; Minorities, particularly Roma, persons with disabilities and LGBT (Lesbian, Gay, Bisexual and Transgender) suffer from discrimination; Limited statistics available do not allow proper monitoring.

OMBUDSMAN REPORT complaints referring to the rights in the field of anti discrimination and adequate and equitable representation(0.67% of total complaints); 16 complaints submitted to Skopje office, 1 each to Bitola, Kicevo and Strumica; 17 complaints submitted by people not declaring their ethnicity and 1 established by the Ombudsman; Insignificant number of cases should not mislead to the conclusion that discrimination doesn’t exists; There is not a separate law on antidiscrimination therefore monitoring, identifying and pursuing discrimination remain unsuccessful; Anti discrimination provisions contained in various different laws are not precise and not enforced.

FINANCIAL AND TECHNICAL SUPPORT To support through programmes and projects. In the past, done through various programmes as ECHO, Obnova, PHARE, the Emergency Reponse Programme and CARDS. For 2007 – 2013 through the new single Instrument for Pre Accession (IPA).

ONGOING PROJECTS EIDHR – European Instrument for Democracy and Human Rights Projects focusing on anti-discrimination has been funded and they could be funded in the next future under the European Instrument for Democracy and Human Rights (EIDHR). The EIDHR has a global objective to contribute to the development and consolidation of democracy and the rule of law, and respect for all human rights and fundamental freedoms. Among the different objectives of the Instrument the Delegation is directly managing the implementation of the Country Based Support Scheme which specifically falls under the objective 2.

"Macedonia without Discrimination" The overall objective of the project is to contribute to build a fair society without discrimination where all people enjoy equal opportunities and benefits from diversity. Specifically the project aims at developing an enabling environment to enjoy equal opportunities and prevent discrimination. The expected results are an improved capacity of and cooperation among civil society organizations and state institutions; contribution to the establishment of the anti- discrimination legislation; improved monitoring of cases of discrimination.

"Macedonia without Discrimination" Among the most important outputs of the projects are: - analysis and publication on international standards, best practices and national legislation, policies and plans on antidiscrimination; - periodical reports on state of art of discrimination in the country; training and study visit on anti discrimination for civil society organizations and state institutions; - thematic forums, public debate.

European Instrument for Democracy and Human Rights The new call for the Country Based Support Scheme will be published the 18 th of May and it will envision the following three thematic priorities: - The pursuit of a common agenda for human right and democratic reform; - Initiatives to enhance the inclusiveness and pluralism; - Social rights, including minorities and in particular Roma.

European Instrument for Democracy and Human Rights Mainstreaming in CBSS Particular attention given to the mainstreaming of: - gender equality; - the rights of child; - the rights of minorities and indigenous people; - the rights of persons with disabilities.

IPA 2008 Project "Democracy and fundamental rights“ - The overall objective of the project is to enhance the institutional capacity of the beneficiaries in order to further improve the transparency and accountability of the Government vis-à-vis the citizens. - The project purpose is to provide technical and material assistance to prioritised institutions as, among the others, the Ombudsman that have a key role in ensuring appropriate level of transparency and accountability and protecting the fundamental rights of the citizens.

Project "Democracy and fundamental rights“ Support to the Ombudsman is the fourth component of this project. The support will aim to achieve to the following results: Improved level of citizen's knowledge on the Ombudsman competences; Improved level of competence of Ombudsman staff, with specific focus on the capacities of the regional offices.

RECENT DEVELOPMENTS Public Debate at the Parliament in Skopje - On 14 th April a public debate has been held on the draft of the framework law on antidiscrimination.

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