E/C.12/MKD/CO/2-4
social and cultural rights of the people living in different parts of the State party,
particularly those living in rural areas.
10.
The Committee reminds the State party that decentralization of powers by no
means reduces the responsibility of the State party for fulfilling its obligations under
the Covenant. The Committee recommends that the State party increase the
awareness of the municipal authorities regarding their obligations under the
Covenant and take all measures necessary to enable all municipalities to carry out
their responsibilities with a view to ensuring that all people, in urban and rural areas,
enjoy the Covenant rights on an equal basis, including monitoring by the central
Government of the implementation of the Covenant rights by municipalities. The
Committee also recommends that the State party conduct a comprehensive analysis of
the impact of the decentralization process on the enjoyment of economic, social and
cultural rights.
Ombudsman
11.
The Committee regrets that the institution of the Ombudsman, accredited by the
Global Alliance of National Human Rights Institutions (formerly known as the
International Coordinating Committee of National Human Rights Institutions) with B status,
is not fully compliant with the principles relating to national institutions for the promotion
and protection of human rights (the Paris Principles). The Committee is concerned at the
long delay in appointing three of the four Ombudsman’s deputies whose mandates expired
in 2013/14; at the delays in the adoption of amendments to the Law on the Ombudsman of
2003 in accordance with the recommendations of the Global Alliance Subcommittee on
Accreditation; at the insufficient level of human and financial resources provided to the
Ombudsman’s Office; and at the decreasing level of follow-up by relevant ministries on the
recommendations made by the Ombudsman.
12.
The Committee urges the State party to fill, without further delay, the three
vacant posts of deputy to the Ombudsman. It recommends that the State party ensure
that the draft law on supplementing and amending the Law on the Ombudsman is in
line with the Paris Principles, taking into account the recommendations made by the
Global Alliance, and expedite its adoption. It also recommends that the State party
ensure that the Ombudsman’s Office is provided with sufficient human and financial
resources and that the recommendations of the Ombudsman are duly taken into
account by the relevant authorities and the results reported back to the Ombudsman
in a systematic manner.
Legal aid
13.
The Committee is concerned at the low level of awareness of rights holders about
their Covenant rights and the insufficient resources allocated to the legal aid programmes,
and at the limited information provided to individuals about their rights under the Law on
Free Legal Aid. It is also concerned that access to free legal aid is still very limited,
particularly as a result of article 14 (a) of the Law, making it difficult for disadvantaged and
marginalized individuals to claim their economic, social and cultural rights.
14.
The Committee recommends that the State party consider amending the Law
on Free Legal Aid in order to ensure that all people, including disadvantaged and
marginalized individuals, particularly women, Roma, people living in rural areas,
migrants and asylum seekers, are able to claim their economic, social and cultural
rights with professional assistance and that it allocate sufficient resources to the legal
aid programmes.
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