Bodies for the promotion of equal treatment (article 13 Directive 2000/43)

AuthorBiljana Kotevska
a) Body/bodies design ated for the prom otion of equal treatment irrespective of
racial/ethnic origin according to Article 13 of the Racial Equality Directive
The old Anti-Discrimination Law, which was the first comprehensive anti-discrimination law
adopted in 2010 in the course of harmonising the na tional legislation with the acquis
(including with the Racial Equality Directive, and its Article 13) , provided for the
establishment for the first time of an equality body in the country the Commission for
Protection against Discrimination (CPAD).239 This commission was tasked with dealing with
both the public and private sectors. It was the first specialised body fo r equal treatment.
Before this, the Ombudsperson was the only institution that had duties in the protection of
the prin ciples of non-discrimination and equ ality as part of its broader mandate for the
protection of human rights in the publ ic sector.240 Some of the earlier versions of the AD L
prepared in t he drafting process (in 2009) foresaw the Ombudsperson as the designated
body as per the dir ectives. At this time, the Omb udsperson formed a special unit focused
on non-discrimination and equitable and just representation. In the later drafts, and in the
text that was adopted in 2010, it was decided tha t the designated body would be a new,
special equality body - which is today’s CPAD . However, while the CPAD is the designated
body as per the directives, since both the CPAD and the Ombudsperson have a mandate
to promote equal trea tment, they are both discussed in this and in the following
subsections of Section 7 of this report.
With the new Anti-Discrimination Law a new body is to be established. It is the Commission
on Prevention and Protection against Discrimination (CPPD). This body also has
competences for the promotion of equal treatment irrespective of racial or ethnic origin ,
according to A rticle 13 of the Racial Equality Directive. Like its predecessor, its
competences are much wider than required by the directive, including a wide personal and
material scope. However, the process of appointment of the new members of the body, as
well as other processes needed for its establishment, have all been extended. With the
mandate of the CPAD ending in August 2019 and the new body (CPPD) not being
established yet, North Macedonia has been without a functioning equality body for six
months and this situation still applied at the cut-off date for this rep ort.
b) Political, economic and social context of the designated body
Both designated bodies (the CPAD at the time and the Ombudsperson) operated in a
country which struggles with finances and where there are very high rates of poverty
among the population (according to the World Bank, a quarter of the population lives in
Both bodies operated in a cont ext of state capture the European Commission , in its last
three progress reports, has assessed th e situation in the country as a ‘state capture’.241
This ties into the backsliding in terms of ful filment of political criteria for membership of
the EU, especially with regard to questions about the independence of the judiciary already
reported over several successive y ears. The endemic proportions of the rule of law issues
239 Law on Prevention and Protection against Discrimination, 2010, Articles 16 to 33.
240 Law on the Ombudsperson, 2003, Articles 6, 11. Full title: Republic of North Macedonia, Law on the
Ombudsperson (   ), Official Gazette of the Republic of Macedonia, Nos.
60/2003, 114/2009, 181/2016, 189/2016, 35/2018; Constitutional Court Decisions: 111/2007.
241 The concept of ‘state capture’ is mentioned here in terms of the Transparency International conceptз that is:
a situation where powerful individuals, institutions, companies or groups within or outside a country use
corruption to shape a nation’s policiesз legal environment and economy to benefit their own private
interests’. This is also how the European Commission has used it in its report on the country’s progress.

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