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News and Events

14 June 2018

14.06.2018, Skopje

THE ASSEMBLY OF THE REPUBLIC OF MACEDONIA ADOPTED THE MEASURES FOR IMPLEMENTATION OF THE OMBUDSMAN'S RECOMMENDATIONS

At the session held in June, the Assembly of the Republic of Macedonia adopted a total of 71 measures from 20 areas for implementation of the recommendations for overcoming the established conditions contained in the Annual Report of the Ombudsman on the level of securing respect for the session of the Republic of Macedonia on the proposal of the Commission for Political System and Interethnic Relations, promotion and protection of human rights and freedoms for 2017.

Measures to implement the recommendations


Regarding the recommendations in the field of Police authorizations, the Assembly establishes the following measures:
  1. To undertake measures for systemic regulation of the procedure for apprehension and deprivation of liberty of persons who enjoy immunity, and in that direction to regulate this issue in a clear and precise manner in the Law of Criminal Procedure;
  2. Police officers in the execution of police affairs shall consistently respect and apply the principle of presumption of innocence, and the application of the means of coercion should be strictly controlled, in accordance with international acts and standards;
  3. The Ministry of Internal Affairs, i.e it is a competent organizational unit shall continue the activities aimed at enhancing the capacities, expertise and independence for conducting full and quality investigations into actions taken by the police officers;
  4. Take measures to reform the education system of police personnel by introducing a regular educational process for recruiting new police officers as well as measures for continuous training of existing staff, including training on human rights and freedoms;
  5. The Ministry of Internal Affairs undertakes measures in order to abandon the arbitrary practice of deciding in the misdemeanor procedure in which at the same time occurs both as the submitter of the request and as a misdemeanor body;
In the area of civil conditions and other internal affairs, the Assembly determines the following measures:
  1. The authority in charge of citizenship shall take measures for the consistent observation of the European and national principles for acquiring citizenship, whereas consideration and decision-making of citizenship applications must be within a reasonable timeframe;
  2. The Government, that is the competent Ministry of Internal Affairs, to proceed to an urgent change of the legal texts and by-laws for registration of the residence / stay of the citizens, which will facilitate the access to the issuance of personal documents, and thus the unobstructed exercise of the guaranteed rights of citizens;
  3. The Government of the Republic of Macedonia to take measures, the registering authority and the regional offices to respond regularly and quickly to the Ombudsman's requests and indications and to be service-oriented towards the citizens' requests for issuing documents from the registry;
  4. The Ministry of the Interior for members of the Bosniak community to immediately put into operation the forms of requests for issuing personal documents in their native Bosnian language.
 In the area of Judiciary, the Assembly determines the following measures:

  1. The Government to undertake measures for efficient realization of the administrative and legal protection of the rights of the citizens, establishment of regular and active cooperation among all relevant institutions, as well as measures for accelerating the administrative procedures;
  2. The Government to undertake measures for amendments to the Law on Administrative Disputes in order to introduce imperative provisions for compulsory holding of public hearings and meritorious decision-making on administrative matters;
  3. Review the state of delay of the procedures followed by the Public Prosecutor's Office, the reasons for failure to make decisions, and the ineffective investigations of cases against police officers. The Public Prosecutor's Office shall keep separate official records for these acts;
  4. The competent authorities shall take measures to ensure the unimpeded exercise of the competence of the Ombudsman to act as a friend of the court, with the right to participate in hearings, to make proposals and opinions in accordance with the Law on the Ombudsman;
  5. In the enforcement procedure, measures for enforced debt collection by the debtor shall not be undertaken without proper and timely information being informed, and in front of the enforcement agent to obtain information on the basis of income realized by the debtor;
  6. Amendments to the Law of Enforcement and the Law of Obligatory Relations in order to provide better protection for the citizens-debtors by limiting the amount of the legal penalty interest paid by the debtor;
  7. In the Enforcement Law to regulate the funds from the subsidies / subsidies to support the development of agriculture and livestock should not be subject to enforcement.
In the field of electoral rights the following measures are defined:
  1. The Ministry of Justice to start drafting an amendment to the Electoral Code in order to provide mechanisms and create conditions for the State Election Commission to provide all the necessary data for an updated and accurate Voters' List.
  2. By law, the Ministry of Internal Affairs should, after the conclusion of the Voters' List, submit a report with data on renewed or completely new ID cards with changed dwelling or surname, to persons who in the meantime became adults;
  3. To regulate the modalities for the restoration of ID cards for all voters serving prison sentences in penitentiary institutions continuously i.e. before the date of their expiration date;
  4. To find adequate solutions in order to ensure that persons accommodated in old dormitories, rehabilitation centers, mental hospitals, clinical centers and similar facilities in gerontological offices or who are in long-term treatment in hospitals and other medical facilities, have the right to vote in the place where they reside;
  5. Legally limit the possibility of abuse of personal data in the electronic access to the Voters’ List.
In the field of Refugee and migrant rights, the following measures are defined:
  1. The Government shall take measures to respect the rights of refugees in accordance with international and domestic regulations. Allow detainees in the Reception Center for Aliens to have access to the asylum procedure without any delay;
  2. The Ministry of Internal Affairs undertakes specific measures and activities aimed at dislocating the Reception Center for foreigners in a facility that meets the standards for detention of persons;
  3. The management of the receiving transit centers shall be carried out by the Ministry of Labor and Social Policy in coordination with the Crisis Management Center, and the Ministry of Interior, in accordance with the foreseen responsibilities, to take care of refugee safety;
  4. The Ministry of Internal Affairs shall stop the practice of readmission of persons who according to the international law can not be subject to forced return and timely inform the persons covered by the readmission for initiation and implementation of this procedure;
In the area of penitentiary and correctional institutions, the following measures are determined:
  1.  Take measures to effectively address and reduce the problem of overcrowding in penitentiary corrections by creating basic preconditions and resources (personnel, material and financial);
  2. Take measures for the smooth and effective realization of the rights from health care and health insurance of the convicted / detained persons, in accordance with the international and domestic standards and providing efficient access to health.
  3. To create basic preconditions and resources in the Sectors and services in the penitentiary institutions, in order to achieve the purpose of the criminal sanction, that is, the re-socialization of convicted persons.
  4. To take measures for the efficient implementation and discharge of compulsory education (primary, secondary) in penitentiary and correctional institutions.
In the area of social security and protection, the following measures are defined:
  1. The Ministry of Labor and Social Policy, through the perception of the real situation with the beneficiaries of social protection, undertakes measures for amending the Law of Social Protection in order to increase the social protection and safety of the citizens in social risk, and to ensure efficient realization of the established rights in practice, inter alia through the provision of funds in the Budget.
  2. To undertake measures for more efficient professional communication and cooperation between the competent bodies that decide on the social rights of citizens, respecting the legal deadlines for decision making and more frequent field controls for the protection of the citizens / families at risk;
  3. The Government and the Ministry of Labor and Social Policy will seriously consider the problem of the homeless in the country, take measures to improve the accommodation capacities, and provide a permanent solution through the housing of the homeless.
In the field of pension and disability insurance, the following measures are defined:
  1. The Government and the competent Ministry to accelerate the activities aimed at amending the legal regulation that regulates the issue of voluntary fully funded pension insurance, in order to protect the category of insured persons for which the membership in the Second Pension Pillar is unfavorable and are damaged, ie receive or they will receive a lower pension amount;
  2. To find a permanent systemic solution in the Pension and Disability Insurance Fund of Macedonia for the smooth realization of the right to pension of the insured persons to whom the contributions have been additionally paid.
In the field of health insurance and protection, the following measures are defined:
  1. The Government and the competent Ministry are obliged to undertake systematic activities for the reform of the health care system in order to ensure the unhindered realization of the right to health care of the citizens and efficient access to health services, especially for the vulnerable categories of citizens.
  2. The Health Insurance Fund shall continuously control the private gynecological healthcare institutions regarding the payment of the co-payment for health services that are free and covered by the funds from the Mother and Child Program;
  3. The Ministry of Health, as a competent body in the field of health, shall provide financial means for efficient functioning and implementation of expert supervision by the Medical Chamber of the Republic of Macedonia;
  4. The Health Insurance Fund and the Ministry of Health take appropriate actions, including legal changes to eliminate the problem of inefficiency and the long duration of administrative procedures, so that citizens can exercise their rights within the legally prescribed deadlines.
  5. The Ministry of Health shall undertake measures in order to ensure that the right to join a child by the parents (mother, father) in the Public Health Institutions is unhindered and in this context to provide spatial and other prerequisites that can be used by any parent / guardian regardless of gender.
In the area of the Rights of child and persons with disabilities, the following measures are defined:
  1. The Ministry of Labor and Social Policy, in cooperation with the Inter-municipal Centers for Social Work and the Institute for Social Activities, to take measures for a systematic solution for the smooth and qualitative realization of the right to see the child-parent relation.
  2. The Ministry of Education and Science, the State and the authorized education inspectors, as well as the social inspection within the Ministry of Labor and Social Policy, to take measures for more frequent controls and supervision over the work of the educational and other institutions in which the children are cared for or exercised for the right to education, for preventing violence against children, as well as measures for appropriate sanctioning of perpetrators.
  3. The Ministry of Justice and the Ministry of Labor and Social Policy to take measures for appropriate amendment and supplementing the Law of Extrajudicial Procedure and the Law of the Register of Births in the part of registration of a person for birth, in accordance with the accepted initiative of the Ombudsman.
  4. The competent ministries to approve amendments to the Family Law, the Criminal Code and the Law of Secondary Education, in accordance with the proposals in the accepted Ombudsman initiative, in order to prevent action, but also to prevent further expansion of the appearance of juvenile ( children's) marriages.
  5. Take measures to implement educational policies with respect to the multicultural dimension at all levels of education, thus preventing the possible outflow of pupils from one school to another, as well as the formation of ethnically clean classes in educational institutions, especially for students from the Roma community.
  6. The Government shall take measures to strengthen and upgrade the system for prevention and protection against drugs and other psychotropic substances with a special emphasis on child protection, as well as to adopt a special protocol for the treatment of child users.
  7. The Government, that is the Ministry of Education and Science, the Ministry of Labor and Social Policy and the Ministry of Health, to take urgent measures for harmonization of the national legislation with the international conventions for children and persons with disabilities in order to facilitate accessibility and availability in the realization of the rights of these persons in all areas.
In the field of higher education rights, the following measures are defined:
  1. The Ministry of Education and Science shall urgently take measures for payment of the one-time monetary compensation of the graduates and doctoral candidates who fulfill the requirements in accordance with the Law of Scientific Research Activity.
  2. To intensify the activities for reconstruction of the existing student dormitories for the purpose of adequate conditions and improvement of the students’ standard, as well as the possibility of building new ones because of the expansion of the accommodation facilities for the students.
  3. The Ministry of Education and Science shall respect the obligation arising from the Law of the Ombudsman for taking measures for timely and appropriate action following the Ombudsman's interventions regarding the requests of the citizens, thus ensuring the smooth performance of his function.
In the area of labor rights, the following measures are defined:
  1. To take systematic measures to prevent abuse of the institute for temporary employment by the principals of primary schools in the implementation of the procedures for employment i.e. transformation of the employment from a fixed to an indefinite working time.
  2. To undertake measures for amending the Collective Agreement for healthcare activity due to the establishment of equal access to payment of salaries for all employed graduated pharmacists in health institutions in the Republic of Macedonia.
  3. The Government is obligated to undertake measures following the initiative of the Ombudsman for amending the Law of Labor Relations and the Law of Health Insurance in order to recognize the right to financial compensation for temporary disability for work of insured persons who do not have at least 6 (six) months health insurance, and have diagnoses of a potentially endangering character. In this context, the right to compensation for salary due to temporary incapacity for work should be determined either by the Health Insurance Fund or the employer, but not at the expense of the employee.
In the field of non-discrimination, the following measures are defined:
  1. To undertake measures for promotion, prevention and protection against discrimination, as well as to conduct trainings for the overall management and employees in the institutions for protection against harassment at the workplace - mobbing;
  2. To undertake measures for amending and updating the existing regulations by which the inspection bodies act, by extending their competences in the area of protection against discrimination and harassment at the workplace, as well as training of inspectors in the direction of recognizing committed discrimination, that is, mobbing;
  3. The Ministry of Education and Science to undertake measures for the purpose of continuous analysis of textbooks and teaching aids used in all levels of education of students, i.e. revision of the overall process of peer review of literature for educational purposes;
In the area of property-legal relations, the following measure is determined:
  1. Take measures to intensify the process of privatization of state-owned construction land as well as measures for completing all cases for the realization of citizens' rights on the basis of denationalization, especially by using the legal possibility of the administrative courts to decide on the merits the administrative work itself, without having to return to the process of re-processing in the commissions for denationalization;
In the area of urbanism and construction, the following measure is determined:
  1. More frequent field inspections of inspection services for preventing illegal construction activities at central and local level.
In the area of residential relations, the following measures are determined:
  1. Take measures to complete the process of resolving the legal status of the state-owned apartments, the apartments allocated to the so-called low-income people and dwellings that were used without an appropriate act of granting.
  2. Greater accountability of the Commission for Housing Issues of the Government of the Republic of Macedonia and of the Joint Stock Company for construction and management of residential and commercial space of importance for the Republic in the handling of citizens' requests for renting an apartment for lease and for buying an apartment.
 
In the field of environment, the following measures are defined:
  1. To undertake measures for efficient management of air pollution and other media, with enhanced continuous inspections on the ground and issuing appropriate sanctions for polluters.
  2. To intensify the activities of the local and central government for introducing a system of organized collection and disposal of waste, as well as undertaking continuous measures for appropriate maintenance of the landfills in accordance with the established standards.
In the field of finance, the following measures are defined:
  1. The Public Revenue Office, ex officio, shall continuously take actions to recover the collected tax "in a special tax procedure for examining the property status, that is, determining the income on which the tax is not determined or not sufficiently determined", which with an effective administrative act in the meantime is stopped.
  2. It is ungrounded to return the collected or paid amount on the basis of the broadcasting tax from the PRO to the citizens without any condition and ex officio.
  3. In accordance with the initiative of the Ombudsman, amendments and additions to the provisions of the Law of Tax Procedure and the Law of Property Taxes should be adopted.
  4. The City of Skopje shall unconditionally respect the impartial legal obligation to cooperate with the Ombudsman and at his request to provide it with all explanations, information and evidence on the allegations in the complaints and to undertake measures for conducting the interventions for removing the established violations.
In the field of consumer rights, the following measures are defined:
  1. Consistent application of the legal regulations in the work of the PE water supply and sewage in Skopje and other utility service providers, termination of the practice for issuing extraordinary accounts and condition of the citizens to fully pay the outstanding debt and cooperation and respect of the Ombudsman's interventions.
  2. The system of records of users of PE Water supply and Sewerage in Skopje constantly updated, revised and upgraded, and the re-connection was realized free of charge.
  3. PE and EVN continuously implement campaigns for facilitating collection of arrears, concluding agreements with higher installments and monthly amount appropriate to the financial possibilities of the beneficiary.
  4. To find a system solution for the problem of borrowing the citizens the fee for the engaged power (fixed part) of the heat energy charge.
In the area other rights, the following measures are determined:
  1. The state administration bodies and bodies and organizations with public mandates shall act promptly on the requests of the citizens, providing them with an appropriate written response.
  2. The Government should immediately seek to find a systemic solution to issues related to the elementary disasters. Establish permanent body for assessment and compensation of damages caused by natural disasters, which will function smoothly and efficiently.





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