"Margins" against party employment in the "Commission for Protection against Discrimination"

The government is afraid of the "fight" against party employment as the biggest discrimination in the country, so it does not accept in the Commission for Protection against Discrimination to have members from the civil sector, according to the NGO "Margini".

The Network for Protection against Discrimination announces protests if both the government and the opposition elect party cadres in the Commission for Protection against Discrimination. They are against the Draft-Law on Protection and Prevention of Discrimination, in the part that the commissioners in the Commission should be elected according to Article 18 because such an election would be non-transparent and partisan.

They fear that the proposal of the non-governmental organizations in the Commission to be proposed by two commissioners from the government and the opposition, and the other three from the civil sector, will not pass in the parliamentary procedure, because with such a proposal the parties will lose party influence.

Margini's request did not receive government support, and therefore they do not expect support from SDSM and DUI. Dragana Drndarevska from "Margini", for Sloboden Pecat says that they are not against the law because they have been fighting for 15 years for its adoption. However, they announce that they will insist that the election of the members of the Commission be completely transparent. She rejects the government's accusations that they will slow down the passage of the law if they demand amendments, and says that only a functional Commission that will truly fight discrimination is required.

- The government insists on the current legal solution, the members of the Commission for Prevention and Protection against Discrimination to be elected by the Assembly. We will follow their election and if they choose inappropriate commissioners, we will react again and, like last year, we will protest in front of the Parliament. If they elect party members, then we will not have a law because such a Commission, for example, will not react to the biggest, currently discriminatory in the country - party employment. Political discrimination and party employment have been the most common form of discrimination in our country for years. We did not receive a reasoned answer from the government why it is against our proposal, except that the Law is good and that the EU requires it, says Drndarevska.

According to Drndarevska, the information of the ruling SDSM and DUI that the Venice Commission gave a "clear" green light for the draft law is also incorrect.

- The claims of the government that the law passed without remarks from the Venice Commission are not true. Specifically in relation to Articles 16, 17 and 18 of the Law which regulate the criteria and procedure for election of members of the Commission for Prevention and Protection against Discrimination, the opinion of the Venice Commission is negative. Their recommendation is to further regulate these members, as independence, transparency and inclusiveness are not enough to just declare but should be ensured by providing precise procedures and criteria for the election of members of the Commission, says Drndareska.

DOM MP and President, Maja Moracanin for Free Press says that the amendment that will be on today's amendment debate is at the request of "Margini".

- I support the requests of "Margini" in the Commission for three of the members to be proposals from non-governmental organizations because that way we will have a more transparent work of the Commission for Protection against Discrimination. However, with the new law, the Assembly has the task to elect commissioners who will work professionally. He says that although they will be elected through the Parliament and at the suggestion of the parties, he hopes that they will be professionals, says Moracanin, for Free Press.

Unofficially, the SDSM says that they do not support the amendment they are seeking from "Margini", because the new draft law envisages the election of members to be public and transparent.

Snezana Kaleska Vanceva, member of the Committee on European Affairs for Free Press says that the election of the members of the Commission is in accordance with all institutional criteria.

- Comparatively, in some of our neighbors the assembly elects all members, in some combined and the president has his own proposals, but nowhere did we meet them to be proposed by the civil sector. The civil sector participates in the public debate during their election. Now the most important thing is the Law to be adopted as soon as possible in order to establish the Commission, says Kalevska Vanceva.

In the Committee on European Affairs, the parliamentary group of VMRO-DPMNE submitted 12 amendments to the Draft Law.

Rachel Mizrahi from VMRO-DPMNE for Free Press says they will support the demands of "Margini", some of the members to be a proposal from the non-governmental sector.

- The parliamentary group of VMRO-DPMNE, absolutely supports the request of "Margini" that the members of the Commission for Protection against Discrimination be elected in the same way as they were elected by the Anti-Corruption Commission. We also have our remarks, because the law proposed in this way is very complex. Our position that the Law on Protection against Discrimination is necessary, with the exception of Art. 18. Which parliamentary committee will elect the members? If it is the Commission for Elections and Appointments then the process will be endangered due to the political majority, says Mizrahi.

The new Draft-Law envisages the seven members of the Commission to be elected and dismissed by the Assembly. Four of the members have a mandate of five years, and three of them have three years, with the right to be re-elected. It also states that the members of the Commission should reflect the composition of society as a whole and in their election should apply the principles of adequate representation of all social groups, but also adequate and equitable representation of members of communities and gender balanced participation.

The Draft Law also provides penal provisions for perpetrators of discrimination. There will be hawthorns for both legal entities and individuals. For legal entities, the fines are up to 10.000 euros. From 400 to 1.000 euros for micro traders, from 600 to 2.000 for small traders, from 1.000 to 10.000 euros for medium traders. For the big traders who discriminated, the fines are higher and they range from 6.000 to 10.000 euros.

Fines of 100 to 500 euros are also envisaged for officials of a state body, mayors and officials entrusted with the exercise of public authority. The fines for individuals are in the amount of 50 to 250 euros. An amendment debate is underway in the Committee on European Affairs.

Instead of protecting, the commission discriminates from the start

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