Access to Justice for Welfare Beneficiaries (MK0162)

Which public problem is addressed by the commitment? Exercise of guaranteed minimum allowance as social protection right or transformation of conditional social allowance into guaranteed minimum allowance requires the applicants (i.e. social beneficiaries) to demonstrate inability for self-sustenance on all grounds. In practice, it means that applicants/beneficiaries need to motion lawsuits for sustenance against members of their family/household. Filing lawsuit means initiation of court proceedings, but this category of citizens lack knowledge about such processes, and initiation thereof is expensive for socially disadvantaged categories of citizens (overall procedure costs around 2,000 MKD, which is a high amount for individuals or households without income, whereby they need to apply for free legal aid, but would have to repay funds obtained on this ground if they lose the lawsuit), disrupts already fragile relations between the applicant and his/her relatives under obligation for life sustenance. Nevertheless, this procedure can be initiated by social work centres, in the name and on behalf of applicants, when the applicant is elderly, exhausted, incapable, disabled person and child, which is rarely done in the practice. On the other hand, there are many citizens that benefit from guaranteed minimum allowance and funds received on that ground are blocked by enforcement agents due to unpaid debts. The Law on Enforcement exempts beneficiaries of guaranteed minimum allowance, humanitarian aid, social allowance, etc., from enforcement of arrears payment in order to ensure minimum income for family sustenance. In essence, high number of social allowance beneficiaries does not know they are exempted from such enforcement. Even if they are exempted by enforcement agents by submitting certificate letter from the social work centre, social beneficiaries would have to pay bank charges in the amount of 1,400 MKD to have their bank account unblocked. Given that social allowance beneficiaries have lower education, and are unlearned clients, they accept blocking of their bank accounts and withdrawal of funds without any objection. This is detrimental for them personally and for their families, forcing them into begging, rummaging waste bins, and even engagement in criminal activities like illegal timbering, theft, and the like. In 2018, MLSP and the Chamber of Enforcement Agents signed memorandum on prohibition to block social numbers, but that has not visibly changed the situation in the field and there are still many omissions in the practice. Social numbers are not visible to enforcement agents, local self-governments and banks. Hence, until they “prove” that funds paid to their account fall under the category of social allowance, beneficiaries thereof are sometimes left without any funds for up to 6 months. This situation discourages many of them to apply for active employment measures implemented by ESARNM due to fear that enforcement agents would collect debts on these funds.

Main objective of the commitment This commitment’s main objective is to provide access to the procedure for exercise of social protection rights for socially disadvantaged categories of citizens without having to initiate expensive procedure which, in the long run, will affect restoration of their trust in the social protection system. Following the example whereby SWCs collect data on property status of household/family members could create a practice for data collection needed to establish material status of family members from the applicant’s household that are obliged to ensure his/her livelihood. This would be the easiest way to determine and assess whether family members have sufficient income throughout the year to afford sustenance of the applicant. Moreover, it will strengthen data collection in ex-officio capacity, on the basis of which SWCs will be able to assess whether applicants/potential applicants can secure their livelihood from family members before they are referred to initiate sustenance lawsuits, i.e. they will be protected from having to engage expensive and long procedures. Expects results include: enhanced capacity of SWCs in assessment of material, financial and property status of social beneficiaries/applicants by using the mechanism for data collection in ex-officio capacity; developed internal guidelines for data collection and appraisal thereof; developed guidelines for initiation of procedures in the interest of vulnerable population that depends on exercise of social welfare rights. At the same time, the commitment will prevent blocking of social numbers held by social allowance beneficiaries. The final result is that social numbers will be protected against enforcement orders. Such protection will ensure final categorization of bank accounts that can or cannot be blocked.

How will the commitment contribute to addressing the public problem? The commitment takes into account principles applied in general administrative procedures, such as: the principle of proportionality; the principle of cost-effectiveness and efficiency of procedures; the principle of citizen-centred services in exercise of client rights and interests; the principle of establishing material truth for all facts and circumstances that of crucial importance for proper establishment of factual situation by collecting, analysing and processing information and data in ex-officio capacity; the principle of active assistance to clients in exercise and protection of their rights in the most effective and easiest manner, whereby the client’s lack of knowledge should not be detrimental to their legal rights and interests. Proper and accurate establishment of the client’s status will serve the purpose of preventing delays in processes and conscious engagement in long court proceedings. Attainment of this goal requires implementation of several activities: 1. Development of internal guidelines for exercise of the legal possibility under Art. 269, paragraph 1 of the Law on Social Protection related to gathering data on material, financial and property status of family/household members. The guidelines could include practical information on facts that need to be established, as well as method for proper application of facts when taking decisions on social allowance applications. Implementation of this activity requires organization of meetings to determine the structure, framework and content of the guidelines in practical terms. It is of great importance for the guidelines to be discussed within SWCs, because their needs should be reflected as well. The guidelines should be developed by MLSP, the Bureau of Social Work, and in consultation with external connoisseurs of the subject matter (CSOs, professors, etc.), when needed. 2. Enhanced capacity of SWCs to enforce legal provisions under Art. 298 of the Law on Social Protection. SWC needs should be assessed, especially in respect to enforcement of legal provisions for initiation of lawsuits in the name of and on behalf of elderly, exhausted, incapacitated, disabled people and children. The best and most adequate method for that is to organize 3 to 5 one-day workshops/counselling with legal professionals from SWCs across the country. Workshops should focus on identifying practical problems and needs of SWCs in respect to enforcement of this legal possibility in the practice, and methods to overcome obstacles that prevent them to provide full protection to clients. Also, workshops/counselling should be organized and implemented by MLSP, in consultation with the Bureau of Social Work, and with external connoisseurs of the subject matter (CSOs, etc.), when needed. 3. Development of manual based on outputs from activity no.2 with templates for initial submissions and other instructions about the course of court proceedings that would be beneficial for SWCs. This activity, in addition to being implemented on the basis of activity no.2, should be performed by MLSP and properly communicated with legal empowerment practitioners and CSOs. As already elaborated, at the moment, beneficiaries of guaranteed minimum allowance are facing serious challenges in exercise of this right guaranteed by the constitution. 88 Implementation of this commitment will primarily restore the rule of law, but also the citizens’ trust in institutions. This commitment requires implementation of several activities: - Amending the Law on Enforcement and replacing the memorandum of understanding between MLSP and the Chamber of Enforcement Agents with a legal act of higher effect to ensure that social numbers are exempted from blocking bank accounts; - Designing software solution for bank accounts of social allowance beneficiaries to be linked to their social number in order to prevent blocking of funds disbursed by social protection institutions. MLSP should develop software that will protect the social number through data on social allowance beneficiaries disposed by MLSP, while the Ministry of Finance and the Ministry of Information Society and Administration should be consulted in the process. In the case of humanitarian aid, the same should be registered and assigned an adequate social number. The social number must be different from the beneficiary’s bank account number and used only for social protection purposes. Similar experiences were noted in respect to the second and third package of government relief measures for the COVID-19 pandemic and the above-named ministries could use them for this purpose as well.

How is the commitment relevant to OGP values? COMMITMENT IS IMPORTANT FOR TRANSPARENCY because it provides accessto new and more information, but also improves quality of information by addressing the problem of blocked bank accounts by disseminating quality and timely information to enforcement agents, banks and local selfgovernments on the status of social welfare transactions, which will result in avoidance of unnecessary problems for all stakeholders. It improves access to information for the public and promotes the right to information by making SWCs more transparent, open and approachable for cooperation by the fact that they will make additional efforts for proper information to these categories of citizens and exercise of their rights. All stakeholders exercise their right to information, and access to information is enhanced, ultimately resulting in more efficient and effective laws. It provides precise rules of procedures for the institutions pursuant to single law, which guarantees security for competent institutions, but also for beneficiaries of social welfare rights. More precisely, it eliminates bias in interpretation of laws that allows for variable practices in the field. COMMITMENT IS IMPORTANT FOR CIVIC PARTICIPATION because it creates or improves possibilities for public participation and impact on decisions, notably by engaging in consultations with the non-governmental sector in respect to implementation of activities. It creates or improves the enabling environment for civil society thorough activities which, in addition to addressing a major and widespread problem among vulnerable and socially disadvantaged categories of citizens, also improves communication between civil society representatives that work with this category of citizens and MLSP as institution of great importance for this population group. Implementation of the commitment will result in the government listening to the voice of citizens and active engagement of citizens for improving the laws that would serve their needs. The commitment will be accompanied by database comprised of persons who have had their rights violated and will include production of video testimonies, including recommendations for adequate solutions. COMMITMENT IS IMPORTANT FOR PUBLIC ACCOUNTABILITY because it creates or improves accountability rules, regulations and mechanism for public officials.

Additional information Linked to UN Sustainable Development Goals SDG 16: Peace, Justice and Strong Institutions SDG target 16.3: Promote the rule of law at national and international levels and provide equal access to justice for all. Measures defined under this commitment will promote and streamline the procedure for exercise of social welfare rights by socially disadvantaged citizens, without initiation of expensive court proceedings, and will restore trust in the social protection system.

No. Milestone Indicators Activity holder Start date End date 4.2.1 Develop internal guidelines on enforcement of the legal possibility under Art. 269, paragraph 1 of the Law on Social Protection concerning data collection on material, financial and property status of household/family members 1. Number of meetings held to determine structure, framework and content of internal guidelines (target: 3 to 5 meetings) 2. Internal guidelines are shared/circulated with SWCs (yes/no) MLSP, CSOs January 2022 June 2022 4.2.2 Enhance capacity of SWCs for enforcement of the legal possibility under Art. 298 of the Law on Social Protection 1. Number of SWC staff that attended workshops/ counselling for identification of practical problems 2. Number of problems identified 3. Number of possible solutions to problems MLSP, CSOs January 2022 April 2022 4.2.3 Develop manual based on activity no.2 with templates for initial submissions and other instructions about the course of court proceedings that are of interest for SWCs and 1. Number of participants in the process for determining the manual’s structure and content MLSP, CSOs March/April 2022 December 2022 90 circulate the manual to SWCs 4.2.4 Database on violated rights that imply blocked social number created by CSOs 1. Number of cases covered in the database and concerning violated rights that imply blocked social number CSOs and social allowance beneficiaries October 2021 December 2021 4.2.5 Produce videos with persons who had their accounts blocked with testimonies on violated rights, demanding accountability and offering solutions 1. Number of videos produced CSOs October 2021 December 2021 4.2.6 Create software solution for bank accounts of social allowance beneficiaries that are linked to social numbers, preventing blocking of funds disbursed to such accounts by institutions 1. Software solution designed (yes/no) MoF, MLSP, KIBS January 2022 continuous

Action Plan Review

Commitment 4.2: Promote access to justice for socially disadvantaged and citizens at social risk

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest