Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Government has not replied to its 2002 general observation on the issue of sexual harassment and hopes that the information requested will be included in the Government’s next report.

2. Application of the Convention in law. The Committee notes with interest that Act XXIX of 2003 amended the Vocational Training Act of 1993, introducing a prohibition of discrimination in the context of concluding or modifying a training contract, or in the course of providing training. The Chamber of Commerce may exclude organizations breaching this prohibition from employing trainees for up to five years. Please provide a copy of this amendment with the Government’s next report, as well as information on its implementation in practice, including the number, nature and outcome of cases of discrimination in vocational training dealt with by the competent authorities.

3. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes with interest the creation of a position of Minister without portfolio on equal opportunities heading the newly established General Directorate for Equal Opportunities established within the Ministry of Employment Policy and Labour. Please provide information on the mandate and activities carried out by these new institutions in order to promote equality of opportunity in employment and occupation.

4. Equality of opportunity and treatment of men and women. The Committee notes that preparations are under way to replace the Women’s Representative Council by a new body which will also include representatives of workers’ and employer’ organizations. It also notes that a National Action Plan on Equal Opportunities for Men and Women (2003-06) has been adopted. Please provide information on the establishment and mandate of the body to replace the Women’s Representative Council, as well as its activities promoting the application of the Convention. Please also provide a copy of the National Action Plan (if possible in a working language of the ILO).

5. The Committee notes from data published by the ILO that the rate of economically active women (15-74 years) increased from 45.4 per cent in 1999 to 46.9 per cent in 2003, while the same rate for men remained stable at around 61.4 per cent. The Government indicated in its report that the number of employed women increased mostly due to the fact that the retirement age of women is being increased progressively. The Committee notes the measures taken to support women’s reintegration into employment after periods of absence from the labour market due to child-raising breaks. The Committee requests the Government to continue to provide information on these and other measures promoting women’s employment and training and their impact. Please also provide information on the measures taken to address the prevailing high degree of horizontal and vertical gender segregation in the labour market.

6. Equality of opportunity and treatment of the Roma. Recalling its previous concerns over the effective implementation of the medium-term action package to improve the living conditions of the Roma population, the Committee notes with interest that public works programmes at the national, county and local level are specifically used to promote Roma’s employment. For instance, the largest public works programme announced in 2003 gave priority to long-term unemployed men and women of Roma origin, providing employment for over 2,100 Roma. The Committee also notes that the Office for National and Ethnic Minorities is preparing the establishment of a system to monitor the implementation of the medium-term action package. The Government is asked to provide information on the following points in its next report.

(a)  Progress made in effectively implementing the medium-term action package referred to above with a view to realizing equal opportunities for Roma in employment and occupation. Please continue to provide information on the evolving strategies and policies, as well as the relevant institutions and their activities promoting the application of the Convention in respect to the Roma.

(b)  Any results achieved in providing equal opportunities to the Roma as regards vocational training. Please also indicate whether efforts are being made to assist Roma that have participated in public works programmes to obtain employment on the regular labour market.

(c)  Any awareness-raising or educational initiatives undertaken or envisaged to promote respect and understanding between the Roma and other groups of society, and information on any such activities carried out in cooperation with workers’ and employers’ organizations.

(d)  Information on the number, nature, and outcome of cases involving instances of discrimination of Roma in education, training and employment brought before the competent bodies, such as the courts and the labour inspection service.

7. Part IV of the report form. Judicial decisions. Please continue to provide information on any judicial decisions involving matter of principles relating to the application of the Convention.

8. Part V of the report form. Labour inspection. The Committee notes that in the period 2000-02 only four reports made to the labour inspectorate concerned discrimination. The Committee recommends that the Government, in cooperation with workers’ and employers’ organizations designs and implements measures to raise awareness and understanding of the principle of non-discrimination in the workplace.