Positive action (article 5 Directive 2000/43, article 7 Directive 2000/78)

AuthorBiljana Kotevska
5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive 2000/78)
a) Scope for positive action measures
In North Macedonia, positive action is permitted in national law in res pect of all grounds
protected by law, including all grounds contained in the directives. In addition, the national
legal and policy frameworks envisage specific positive actions. Am ong these, the main
emphasis is placed on positive action with respe ct to ethnic origin, disability and age. The
positive action measures currently in force do not target religion or belief or sexual
orientation. Although beyond the scope of this report, it is also worth noting that there are
public policies on positive action pertaining to gender equality.
Article 7 of the Anti-Discrimination Law, entitled ‘Measures an d actions which are not
discrimination’ includes positive action measures. Its first two paragraphs include the
‘Measures an d actions taken for the sole purpose o f eliminating any unequal
enjoyment of h uman rights and freedoms until equality in fact is achieved for
all persons and gr oups shall not b e deemed discrimination, p rovided that the
distinction is justified and objective and the means for the achievement of the
objective are proportionate, that is adequate and necessary.’ гpara.мд
‘The measures and actions referred to in parag raph гмд of this Article shall be
of limited time duration and applicable until equality in fact is achi eved for
persons or a group in terms of the enjoyment of their rights.’ гpara.нд
Ethnic origin seems to be the dominant ground for un dertaking positive action and has its
basis in the 2001 amendments to the Constitution, which were tailored according to the
Ohrid Framework Agreement (a political agreement ending the 2001 conflict).
Several institutions are tasked with ensuring the proper implementation of these measures,
the main ones being the Secretariat for Implementation of the Ohrid Framework
Agreement, the Committee for Inter -Community Relations and the Agency fo r Realisation
of the Rights of the Communities. The Committee for Inter-Community Relations considers
issues of inter-community relations in the Repu blic and makes appraisals and proposals
for their resolution. It can also propose positive action measures t o Parliament, which
decides in plenary on such matters. Parliament is obliged to take int o consideration the
appraisals and proposals of the committee and to make decisions regarding them. In the
event of a dispute among Members of Parliament regarding the application of the voting
procedure specified in Article 69(2), the committee will decid e by majority vote whether
the procedure applies. The Committee for Inter-Community Relations consists of seven
members from each of the ranks of ethnic Macedonians and ethnic Albanians within the
Parliament, and five members from among the ethnic Turks, Serbs, Vlachs, Roma and
Bosniaks. The members of the Committee are elected by the Parliament.
On disability, the main instrument for positive action measures rela ted to people with
disabilities is the Law on Empl oyment of People with Disabilities.224 Its main goals are the
integration of people with disabilities in the working environment and their safety in the
workplace.225 A new draft law was initiated by the Ministry of Labour and Social Policy
almost four y ears ago, but it has still not entered parliamentary proce dure, although th e
224 Law on Employment of Persons with Disabilities, 2000, Article 2.
225 In relation to the implementation of this law, in a 2017 statement, the director of the State Agency for
Employment said that, from the start of the implementation of this law until the end of 2016, almost EUR 34
million (MKD 2 088 660 трпд was spent on the ‘employment of persons with disabilitiesз adaptations of
workplaces, purchase of equipment, training of persons with disabilities as well as construction and
expansion of working space.’ Source: Ministry of Labour and Social Policy news archive (in Macedonian
language only), http://www.mtsp.gov.mk/fevruari-2017-ns_article-zapocnuva-proektot-centar-za-

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