E/C.12/MKD/CO/2-4
Maximum available resources
15.
The Committee is concerned at the overall low level of public funding allocated to
the areas relating to economic, social and cultural rights. It is also concerned that some
decisions concerning resource allocation have not been transparent and have not prioritized
the duties of the State party under the Covenant (art. 2 (1)).
16.
The Committee recommends that the State party intensify its efforts to increase
the level of public spending, at both the national and municipal levels, in order to
ensure the progressive realization of economic, social and cultural rights. It also
recommends that the State party take all measures necessary to ensure that the
planning and spending of public funds is carried out in a transparent manner.
Corruption
17.
The Committee is concerned at the pervasive practice of bribery for the provision of
goods or services required to fulfil economic and social rights and at the low number of
prosecutions on the basis of the Law on Prevention of Corruption of 2002, particularly in
cases involving high-level officials (art. 2 (1)).
18.
The Committee recommends that the State party take all necessary measures to:
(a)
Combat corruption, including by improving public governance and
ensuring transparency in the conduct of public affairs and raising awareness of public
and government officials on anti-corruption measures, as well as about the
unacceptability of bribery;
(b)
Strengthen the enforcement of the Law on Prevention of Corruption and
combat impunity for corruption, particularly involving high-level officials;
(c)
Enhance the independence and functioning of the State Commission for
Prevention of Corruption.
Non-discrimination
19.
The Committee welcomes the evaluation carried out by the State party on the
implementation of the Law on Prevention of and Protection against Discrimination. The
Committee is concerned, however, that there are some gaps in the Law, particularly as
regards the definition of discrimination, grounds of discrimination, burden of proof and the
use of statistics to prove the existence of indirect discrimination. It is also concerned at the
lack of independence and the ineffective functioning of the Commission for Prevention of
and Protection against Discrimination (art. 2 (2)).
20.
The Committee recommends that the State party take all measures necessary to
follow up on the recommendations contained in the final report on the ex post
evaluation of the implementation of the Law on Prevention of and Protection against
Discrimination. In particular, it recommends that the State party:
(a)
Revise the Law on Prevention of and Protection against Discrimination,
in particular by improving the definition of discrimination in line with general
comment No. 20 (2009) on non-discrimination in economic, social and cultural rights;
(b)
Expedite the adoption of the draft national strategy for equality and
non-discrimination for 2016-2020;
(c)
Strengthen the independence and functioning of the Commission for
Prevention of and Protection against Discrimination, including through a review of
the appointment criteria and the procedure for becoming a member, the
4