15 May Reaction in Response to the Law on Prevention and Protection against Discrimination Being Repealed
During its 14th session, held on 14.05.2020, the Constitutional Court reached a decision to repeal the Law on Prevention and Protection against Discrimination. The Court’s decision came following the initiative proposed by the previous members of the Commission for Protection against Discrimination for assessment of the Law’s constitutionality and lawfulness, on the grounds that the disputed Law was adopted contrary to Article 75 of the Constitution of the Republic of Macedonia, i.e., the mandatory constitutional majority of votes necessary to revote the Law were not provided. Namely, the Law was adopted on 11.03.2019 with 51 votes of the total number of MPs and delivered to the acting president at the time, Gorgje Ivanov, to sign the decree. However, the president refused to sign the decree due to the name dispute, and returned the Law to the Parliament. The disputed Law was once again placed on the Parliament’s agenda on 16.05.2019 and re-reviewed pursuant to Article 75 of the Constitution. It was voted with 55 votes the same day, and consequently adopted without the necessary constitutional majority of 61 votes. By failing to provide the constitutional majority of votes necessary to vote and adopt the Law on Prevention and Protection against Discrimination, the Parliament of the Republic of North Macedonia only confirmed yet again how irrelevant it considers the needs of the most vulnerable and marginalized categories and how unworthy of protection. The responsibility for the failures in the procedure falls on the Parliament, particularly the ruling majority whose election campaign was based on the idea of equality, on the President of the Parliament, Talat Xhaferi and on the President of RNM, Stevo Pendarovski, who were all aware, or must have been, that the Law required a majority of 61 votes.
We would like to remind that the reforms and improvements to the legislation and the system for prevention and protection against discrimination were an electoral promise made by the ruling party and the ruling majority. The Law on Prevention and Protection against Discrimination was stuck in a parliamentary procedure for more than 10 months before it was placed on the agenda for voting. A year has passed from the day the Law was voted and adopted for the second time by the Parliament until it was repealed by the Constitutional Court, during which the Parliament failed to form a Commission for the Prevention and Protection against Discrimination, despite its legal obligation to appoint Commission members and thus allow the implementation of the Law and functionality of the crucial body for the promotion of equality of all citizens. The Parliament’s frivolous and disinterested approach during the voting and adoption process, as well as the lack of political willingness for the Law’s implementation and the appointment of members to the Commission for the Prevention and Protection against Discrimination shows the authorities’ lack of interest in human rights and equality, particularly of marginalized groups such as Roma, LGBTI, people with disabilities, women, the poor and all others surviving on the margins of society.
The civil sector has been advocating for the adoption of the repealed Law for 10 years through various campaigns, experts’ reports and recommendations, advocating and meeting with all political parties, organizing protests and press conferences. The international public and European Commission has demanded the adoption of the Law and implementation of an efficient discrimination protection system on numerous occasions. The countless assurances and promises have resulted yet again with the defeat suffered by the most vulnerable citizens for whom this Law is crucial.
We demand that after the next parliamentary elections and the election of the new parliamentary members, regardless which coalition shall constitute the parliamentary majority, the Law on Prevention and Protection against Discrimination finds its place among the first points of order on the Parliament’s agenda. We demand that the necessary parliamentary majority for voting and adopting the Law be provided, followed immediately by a procedure for appointing new members to the Commission for Prevention and Protection against Discrimination, in order for the citizens to finally receive better, more professional and effective protection of their fundamental rights and freedoms.
Skopje, 15.5.2020
Network for protection against discrimination
Blueprint group for judiciary reforms
Contact person:
Dragana Drndarevska
078 200 675
dragana.coalition@gmail.com