In order to provide the State parties with the lists of issues and questions, the pre –session working group met for five days.  Representatives of specialized agencies and bodies of the UN system, as well as national and international organizations were invited to provide country –specific information to the pre-session working group. 

The working group was composed from following five expert members: Ms. Mary Shanthi Dairiam, Ms. Francoise Gaspard, Ms. Pramila Patten, Ms. Victoria Popescu and Ms. Maria Regina Tavares de Silva.

In this occasion we have used the opportunity to orally present the findings of the report (below presented) prepared and carried out by ESE and 27 other NGO’s who took active role in determination of the de facto status of women. ESE and Permanent forum for gender equality from Venezuela were present on the pre-session. Prior to pre-session ESE has submitted “list of critical issue” to the Division- DAW and CEDAW committee members.

This Report is based on information acquired from several sources, using various methodological procedures. As sources of information we have used the Constitution, 45 laws and 5 programs in the country; experts in various fields; women from various ethnic communities and statistical records, studies, reports and other written materials. Methodological procedures  that were used are: content analysis, interviews with experts and work with focus groups.

After the presentation of the findings by ESE’s representative, the following questions were asked by the pre-session working group members:
1. Are there criminal procedures initiated upon article 137 from the Criminal code-which prohibit discrimination?
2. Set up of the local gender machinery. Are they foreseen with the laws and whether they are consider as branches of the Gender equality unit?
3. Is paternal leave introduced in Macedonia?
4. What is the percentage of women represented among unemployed population in Macedonia?
5. Whether internal trafficking exists in Macedonia?
6. Whether family voting is possible and what are its forms of manifestation?
7. Which of ILO conventions are accepted by the state?
8. Whether sexual harassment is indirectly foreseen within the Criminal code?
9. Which mechanisms are in place for protection of the labour rights guaranteed by the Constitution and prescribed with the national legislation?
10. Whether the state has a legal aid scheme available for both man and women?
11. Whether the state has introduced sanctions if quotas for women political participation were not applied?
12. Whether women are initiating procedures in front of the constitutional court on the basis of discrimination?
13. Besides the Constitution are there provisions which are protecting mothers?

Prior to the pre-session, the 33rd session of the CEDAW committee took place in the period 01-21 July 2005. An organization of IWRAW Asia Pacific (International Women Right Action Watch) training named “From Global to Local” took place. This training, besides the educational component, aimed at gaining practical experiences from the reporting process and strengthening NGO’s capacities (which are involved in the process of preparation of CEDAW reports). ESE was present with two representatives. ESE’s representative had a unique opportunity closely to follow the work of the committee, get acquainted with the CEDAW committee expert members and at the same time to observe their professionalism and dedication on this matter. Here we have to stress that both the CEDAW committee as well as individual committee members have highlighted the role and importance of the NGO presence in the reporting process. Findings from NGO’s work on the related issues are treated with the utmost attention.

We are using this opportunity to inform you that the full report will be reviewed together with NGOs that took an active role in its presentation, as well as with broader public participation. An amended and enriched version of the report will be sent to the CEDAW committee prior to 34th session of the Committee.

Please find bellow summarized findings from the report (presented and submitted on the pre-session). The full report, as well as the “List of critical issues” are available on the ESE’s web site: www. esem.org.mk.
 
Article 1

Areas of concern
 
         There is no definition of discrimination in our applicable legislation;
         There is a need to adopt a Law on Gender Equality;
         There is a discrepancy between equality between men and women as defined in the law and as found in real life;

The Constitution of the Republic of Macedonia proclaims equality of all citizens in their freedoms and rights, regardless of their GENDER, race, colour of skin, national and social origins, political and religious beliefs, property and social status. Although the legislation in the country contains no provisions to make the term discrimination operational, all researchers understand its meaning as it is defined in its definition in the Convention, which may actually be seen in the instances of discrimination pointed out by them.

Article 2

Areas of concern

         Certain laws (in essence all but the laws governing the area of education and employment) have no provisions prohibiting discrimination, and where it is envisaged, there are no provisions pertaining to sanctions for failure to comply;
         There is a general type of discrimination classified as a crime which is punishable with imprisonment, however in reality there are no practical experiences in this respect;

Provisions prohibiting gender discrimination are also contained in the laws regulating the areas of labor relations and education.

What is of particular importance is the provision in Article 137 of the Criminal Code of the Republic of Macedonia, which prescribes imprisonment for those who will deprive of or restrict rights of people and citizens defined in the Constitution, law or a ratified international convention on the basis of their gender, race, colour of skin, etc., as well as for those who, on the basis of such differences, will entitle citizens to privileges contrary to the Constitution, law or a ratified international convention. Judges interviewed in a capacity of experts stated that their court practice (both civil and criminal) includes no cases of discrimination based on gender. No statistical records are kept of the issue.

Article 3

Areas of concern

         There is no law regulating the relevant gender instruments of the state;
         The national action plan should be revised and in it activities should be defined with special attention to the time line for implementation;

There is a Government resolution foreseeing a state mechanism for improvement of relations between genders. The basis of the mechanism is the Gender Relations Improvement Unit within the Labor Sector of the Ministry of Labor and Social Policy. In light of its goals, the Gender Relations Improvement Unit needs further capacity strengthening and defining its mandate. There is an evident need to revise the National Action Plan and establishing a timeframe to achieve the goals set (2000).

Article 4

Areas of concern

         There is only one special temporary measure proscribed in the area of greater participation of women in politics and decision making structures (Law on election of members of Parliament);
         There is a need for introduction of special temporary measures and in other spheres such as the economy, the business world and management positions;

There are two instances of prescribed temporary special measures aimed at accelerating a de facto equality among men and women. Both instances refer to the enhancement of the participation of women in politics and decision-making structures. Looking from the current perspective, it is necessary to underline the fact that the political parties, in spite of their commitments, undertake no steps towards any significant increase of the degree of participation of women in politics and public life, nor are they ready to accept (adhere to) the quotas as an instrument of achieving the goal.

Article 5

Areas of concern

         It is necessary to undertake other activities in order to overcome the prevailing traditional division of roles in the family, as well to overcome prejudices and stereotypes who have great impact upon the factual position of man and women;
         The state should strengthen the cooperation with non-governmental organizations through lending support, providing incentives and incorporating their activities as the exclusive actors working to overcome the traditional models and promote gender relations;

The traditional roles in the family do exist. Recently, there have been changes in this area. Yet, the majority of citizens accept the traditional roles (men are responsible for ensuring material safety in the family, while women are responsible to take care of the children and home).

“It is the man and father who should be obeyed” – a Roma urban focus group
“It is the man who usually provides for the family. It is known that the unwritten rule is that women are those who should cook and clean. Men are not willing to undertake other obligations”. – a Macedonian urban focus group.  The credit for the start in overcoming traditional models of conduct in the home and family goes to the non-governmental organizations that emerged after 1991. Their work and activities are also supported by the state and this support has been strengthened significantly over recent times. Therefore, it is necessary that NGOs are supported and involved in all spheres of decision-making, particularly in the area of improving the position of women.

Article 6

Areas of concern

         Absence of concrete programs for prevention and suppression of trafficking in persons and prostitution, which are on the rise at present;
         There is a need to legalize prostitution
         There are no separate programs for social protection of women prostitutes;

Prostitution is an existing phenomenon in the country. It is mainly treated as an individual problem instead as a socially preconditioned phenomenon, and is not treated as a social priority. There are no separate programs of protection of women prostitutes. As regards trafficking in human beings, the state undertakes certain activities aimed at suppressing and preventing this phenomenon. A Government body for combating trafficking in human beings was established in 2001 under the name of a National Commission for Combating Trafficking in Human Beings. In February 2000, the Government adopted a National Program for Combating Trafficking in Human Beings and Illegal Migration in the Republic of Macedonia.

Article 7

Areas of concern

         Absence of technical assistance and funds by the state to encourage women to run for candidates at elections;
         There is a need to undertake activities aimed at eliminating the negative attitude towards women who are engaged in politics harbored by the majority of population;

Women mainly exercise their right to vote. The following may be identified as obstacles preventing women from exercising their right to vote: tradition, poor economic conditions of certain women and low levels of education. There are communities that look negatively at participation of women in the political life.  In addition to the unsatisfactory representation of women in Parliament, it is also marginal in the Government of the country. The state has not allocated special assets to be used to encourage women to run for offices at elections. What is typical for the Republic of Macedonia is that women are the major players in the non-governmental sector.

Article 8

Areas of concern

         There are no provisions to ensure proportionate representation of women in the Government of RM at an international level (absence of special temporary measures aimed at increased participation when representing their governments at an international level and in the work of international organizations);
         There is a need to adopt a Law on Foreign Affairs that will provide measures of ensuring increased participation of women in this field;

There is a very small number of women at positions that include representing the Government at an international level, as there is a small number of women working in international organizations. Unlike the executive branch of the Government, the legislative one, i.e. the Parliament of the Republic of Macedonia does foresee in its acts - decisions on establishment of delegations, parliamentary groups and other forms of international cooperation of the Macedonian Parliament - representation of both sexes in the stated bodies. The enactment of the Law on Foreign Affairs should introduce measures for proportional representation of women in this area.

Article 9

Areas of concern

Concerning the nationality of children, the role of the father takes precedence in practice; or, in other words, children usually take the nationality of their fathers.

The national legislation makes no distinction between the husband and wife in terms of obtaining citizenship. Citizenship may be obtained in the country in several ways. Provided that the man or woman meets the requirements, this is granted smoothly. According to our legislation, a marriage with a national of another state or a change in the nationality of the husband does not automatically mean a change in the citizenship or nationality of the wife. However, in the practice these changes often cause a change in the nationality or citizenship of the wife, as well. This is done upon a personal request and not automatically. The practice also includes opposite cases.

From a formal point of view, both parents enjoy equal rights regarding the choice of citizenship of their children. In practice, nevertheless, the role of the father is emphasized, i.e. the citizenship of the father is the one chosen (upon a mutual request, i.e. with the consent of the wife).

Article 10

Areas of concern

         The laws governing the field of education provide for anti-discriminative measures, though there are no penal provisions for those that fail to comply;
         High illiteracy rate in particular amongst the Roma population and the need to take measures to ensure that they complete elementary education with a special emphasis on the most vulnerable groups;
         Partial coverage of girls in elementary education, especially among Roma and high percentage of drop-outs in certain environments;
         Educational programs are insufficiently present and the teaching methods are not adapted in such way that they might lead to the elimination of discrimination and traditional views;

The legislation provides equitable access to education for both the male and female population. Yet, it is not always so in practice. The prejudice, traditions and stereotypes existing among certain ethnic communities are the reason behind the fact that girls complete only fourth or eighth grade and are kept at home once they finish school, to work in the agriculture or to take care of the household, but these are in a smaller number. In certain communities, male children have a priority when it comes to education. The following are obstacles preventing girls from attending or completing schooling: inaccessibility of schools in certain regions where children walk for a few hours to arrive to school (due to the fear of parents to let the girls alone over mountains), cultural and especially economic barriers, that is in cases when the parents may afford to finance the education of only one child, it is usually the male one (particularly so in the case of Roma’s).

The quality of education in terms of the curricula, teaching staff, school space and equipment are equal for both male and female children (they go to school together).
 
Health education and family planning are not taught at elementary and secondary schools, although several programs have been developed on the issues of health education and the essence of family planning. Their implementation, for the time being, depends solely on the good will and engagement of individuals. In the past, there was a Center for Humane Reproduction within the Gynecological Clinic in Skopje, which used to coordinate such activities at a national level, but its activities have unfortunately completely ceased several years ago.

Article 11

Areas of concern

         The high unemployment rate, increased inactivity rate and the high number of women unpaid family workers necessitates that gender equality is included in the strategic documents pertaining to employment and to the undertaking of concrete measures to increase employment and be better represented in sectors where the pay is better;
         There is no legal provision that explicitly obligates the employer to inform women about conditions at the workplace, which may have a harmful effect on their reproductive health.
         There are no special provisions in the Law on Employment and the collective agreements to regulate the issue of sexual harassment;
         There are provisions regulating maternity leave, though there is no such thing as  parental leave, which is why it is necessary to include that in the law; 

The right to work is a constitutionally guaranteed inalienable right. From a formal aspect, men and women have the right to equal employment opportunities including the use of equal criteria. However, there are deviations in practice, especially in the private sector. There are no guarantees in the legislation that women should obtain equal jobs as men and be able to make a free choice of jobs.

The State lacks an incentive mechanism that would provide equal treatment of men and women at work. The only tool is the Labour Inspection that oversees the application of the Labour Relations Act and of the Law on Employment. There are no special interim measures aimed at improving the employability of women in the areas where they are underrepresented.
As a rule, women choose their profession and employment freely. Deviations from the usual practice include the economic situation (they tend to choose occupations that will enable them to get employed) as well as the traditional customs (in certain ethnic communities, such as the Albanian, there are cases where women are not allowed to have a job).

It is forbidden by law to dismiss a woman on maternity leave. Unfortunately, in certain cases, the practice deviates from the legally guaranteed protection. In case of violation of these rights, women have a judicial protection. According to the law, women get a 9-month paid maternity leave. This right belongs only to the woman and she may not share it with her husband. There are women who don’t make a full use of their maternity leave – reasons for this include the wish to keep the job, to increase the family budget etc. There is no parental leave in our country. 

In case one would harmonize the labour protection legislation with the latest scientific and technical achievements, it is certain that women would have even bigger protection. The Law on Protection at Work was amended twice after 1998 (in 2000 and 2002), but these amended versions have not included such provisions.

Article 12

Areas of concern

         There is a discrepancy between the urban and rural environments in terms of access to the health care system (information and services);
         In certain regions, there is inadequate coverage with health protection for women, in the areas of women’s and reproductive health (insufficient coverage with gynaecological practices, mammograms).
         There is a need to enact a law on sexual and reproductive health and rights;
         There are no special/effective programs for raising awareness among young people for use of contraceptives or for changing traditional practices among certain ethnic groups, which leads to limitation of their sexual and reproductive rights by the state.

The decision to use health care belongs to the woman, but there are still certain social and/or cultural subgroups where women are denied this right. According to the law, women in rural areas have equal access to health care as those in urban areas. However, in practice there are a lot of deviations from this legal provision.

The economic factor ranks No. 1 as obstacle for women to seek health care services. One should also mention the cultural and social barriers among Romany women.

There is no difference in the treatment of women and men suffering from developmental impairments. It should be emphasized that this is a problem that is not receiving enough attention.

There is lack of education concerning the reproductive health of the women in the rural areas. Despite the existence of such campaigns or programmes, more attention should be paid to the organisation of meetings/lectures in the municipality buildings, where both doctors, but also women, and more importantly men, are invited. The latter would receive education through those lectures and counselling.

For the purpose of providing access to appropriate health care during pregnancy, delivery and motherhood, The State has established a special district health nursing service (“patronage” or home visits service) functioning under the health care providers in every town.

The State does not take measures to include the concept of shared responsibility of both parents for raising their children with emphasis on education pertaining to family issues. There is a need for additional sensitization of the general population with regard to this question.

Article 13

Areas of concern

         There are no special procedures with regard to the discriminatory behaviour in the private sector;
         There are no special programs promoting women’s entrepreneurship;

The fact that the law does not make any distinction between the legal capacity of men and women means that there are no legal limitations for women to own property, initiate court procedures, take credits, etc. Thus, no additional guarantees or conditions are prescribed to ensure women’s participation in the obligatory transactions. Legally women have equal access to all forms of financial aid as men do. In practice the situation is different. They are participants in this kind of transactions less often than men.

There are two circumstances that may impose restrictions on women’s opportunity to participate in business or in the economic life – first, they do not own property (it is a rule that the property is registered under their name of the husband) which is indispensable as a guarantee for provision of the financial pre-requisites for opening own private business, and secondly, they do not have equal access to information. Women do not have sufficient information regarding access to available funds offered by the institutions or credits offered by the banks.

Article 14

Areas of concern
         The state undertakes no efforts to improve the position of women in rural areas, which is evidently much more difficult than the one of women in urban areas;
         There are no measures and activities aimed at including the rural woman in bodies of the local government or in other decision-making bodies at a regional and national level;
         The state should endeavour to overcome obstacles that take the possibility away from women to become involved in the political, economic and social life – dealing away with stereotypes, economic factors and traditional men-women roles;
         The substandard living conditions in the rural areas should be improved, particularly the communication with the urban areas that largely contributes to making it difficult to gain access to the legal, educational and health system and services;

Women in the rural areas have much a harder life than women living in urban areas. The state does not make special efforts to improve the condition of rural women.

Women living in rural areas are not included in the government. They are not in Parliament, in the municipal councils or in the local self-government bodies. These women are fully excluded from the opportunity to participate in decision-making on a local, regional and national level.

Women simply do not participate in the work of the local self-government.

The agricultural credits and loans are hardly accessible to all (this concerns both men and women) since it is very difficult to find endorsers, i.e. persons employed in the public sector. For example, a man from our village which is in the agricultural business some time ago was looking for endorsers among us, but it is still not certain whether or not he will obtain a credit. The state does not have developmental programs targeted at rural women.

There are rural areas in which the usual living standards are satisfied, but there are also such areas which lack the elementary living conditions – there is inadequate housing, unhealthy water, bad communication, etc. These conditions undoubtedly have a bad influence on the life of rural women, i.e. aggravate to a great extent the life of rural women. Bad communication with the urban areas limits or renders impossible their access to the educational, legal and health care system/services.

Article 15

In our country there is a complete equality between men and women. It is legally guaranteed in the Constitution and in the laws.In the Criminal Code  women are treated equally as men.

In terms of the legal capacity, legally there is complete equality between men and women. Thus, there are no limitations to women owning property, initiating court procedures, taking credits, etc. According to the legal provisions, there are no limitations or conditioning concerning women’s participation in economic transactions. But, despite this, women are excluded from all economic events.

Each activity implying limitations of one’s legal capacity is legally void and the law prescribes a court procedure for its annulment. Both the law and the practice do not distinguish between men and women in this regard.

Both men and women that have not received equal treatment in the procedural phases have the

Basically, the legal services are equally available for men and women. The issue of whether one can afford these services is equally relevant for men and women. However, the state has created mechanisms for release of the party in question from the obligation to pay the court and administrative costs in cases when they cannot afford to cover these costs

Article 16

Areas of concern
         There is no provision in the civil law to forbid contractual marriage or marriage entered into for the purpose of ensuring economic safety, as well as measures leading to eradication of contractual marriages among the Romany and Albanian population;
         There is a provision in the criminal law sanctioning illegal abortion and although abortion is legitimate still is not affordable for most of the women;
         There is a need to introduce measures to eliminate with the existing frequent practice to leave the estate to the male heirs, in spite of the fact that under the inheritance law both male and female siblings are equally entitled to this right;
         While illegitimate habitation with a minor is incriminated and punishable by the law, sexual intercourse of adults with minors at the age of 14 – 18 is not forbidden and punishable

Polygamy is a crime punishable with imprisonment. Free will is a constitutive element of marriage and it refers to both partners. Thus, women can exercise their right to decline the proposal to enter into marriage. Romany and Albanian population enter into arranged marriages  where the parent-father has (often) the main say.

Under the law, men and women have equal rights to petition for divorce. The terms for divorce are equal for both genders. After the divorce, the position of women is usually more difficult compared to the position of men. Most often the custody is granted to women if the children are small, a fact which additionally worsens her position. Under the law both spouses enjoy equal parental rights and obligations. Parents have an obligation to provide for their children, which is a legal imperative norm, whereas the marital status of the parents is irrelevant.

According to legal provisions, men and women enjoy equal rights concerning ownership and transactions of property. Although legally, they enjoy equal rights, the factual situation is different. Property, i.e. real estate is usually registered under the name of men. The reasons for such a situation can be found in traditions, customs, and in certain objective circumstances. Women are not equal with men upon making financial decisions within the family, they are more inferior. This arises from the fact that in our country men are still in larger percentages those who financially provide the family. The situation in that respect is improving by the fact that in the past Macedonian women were employed, hence they were in a certain position to make decisions concerning financial issues.    

Sexual intercourse with a child (under 14), regardless of the consent given by the minor, is forbidden under the Penalty Law. Official registration is essential for the marriage to be legitimate. Engagement has no legal effect, but in practice, especially in rural environments, girls who have broken the engagement have smaller chances to get married especially to a bachelor. They are more often married to a divorced man or a widower (according to the information from focal groups).