What NHRI Model for Macedonia? Initial Findings Skopje, Biljana Kotevska, CRPRC Studiorum
Content Standards: Organisation of the United Nations Council of Europe European Union Institutions: Commission for Protection against Discrimination Ombudsperson of the Republic of Macedonia General Issues
NHRI Standards at Universal Level: UNNHRI Standards at Universal Level: UN Hard law: Convention on the Rights of Persons with Disability (Art.33) Optional Protocol of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment (Part IV – Art.17-23) Soft law: GA Resolution 48/134 and Principles relating to the Status of National Institutions Vienna Declaration and Programme of Action Human Rights Council Resolution A/HRC/20/L.15 (July 2012) Authoritative interpretations assisting the reading of the law: CRC, General Comment No.2 CESCR, General Comment No.10 CERD, General Recommendation XVII CEDAW Statement on relationship with NHRIs
NHRI Standards at European Regional Level CoE Committee of Ministers’ recommendations (on the institution Ombudsperson) (on establishment of independent national institutions for the promotion and protection of Human Rights) ECRI Recommendations: General Policy Recommendation No. 2 on specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level General Policy Recommendation No. 7 on National legislation to combat racism and racial discrimination EU Race Equality Directive 2000/43, Art.13 RECAST Directive 2006/54, Art.20
Institutional Framework of Relevance for NHRIs in Macedonia Commission for Protection against Discrimination Ombudsperson of the Republic of Macedonia
Commission for Protection against Discrimination [1] Competences: International Human Rights Law Explicit spell out of competences in the mandate (ex, monitoring of the situation in relation to equality and discrimination) Cooperation with CSO Exercise of the mandate Accessibility: Physical accessibility Psychological accessibility Language accessibility
Commission for Protection against Discrimination [2] Membership: ‘Social sciences’ (Art.18) Pluralism: Beyond ethnicity Accountability: Debate on the annual report Resources: Administrative support Professionalization of the members of the CPAD Sufficient funds to exercise its full mandate
Ombudsperson of the Republic of Macedonia Membership: Public call; possible consultations with CSOs Pluralism: Beyond ethnicity Competences: Promotion International Human Rights Law Public/Private Cooperation: International Human Rights system; other actors Resources: Sufficient funds to exercise its full mandate
Some General IssuesSome General Issues Need for adopting a National Human Rights Action Plan Open participative process Political Will Non-retrogression guaranties Possible scenarios
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