Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Lettonie (Ratification: 1992)

Autre commentaire sur C111

Observation

Demande directe

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee previously noted that section 2(1) of the Law on Prohibition of Discrimination of Natural Persons – Economic Operators of 2012 prohibits discrimination with respect to self-employment on a number of grounds, except colour and social origin. The Committee notes the Government’s indication, in its report, that, for now, it does not consider amending the Law to include specifically the grounds of colour and social origin. It further notes the Government’s repeated statement that the ground of race, covered by the Law, includes the ground of colour, being interpreted in accordance with Article 1.1 of the United Nations (UN) Convention on the Elimination of Racial Discrimination, according to which “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin. The Committee however notes that, in its 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the absence in the national legislation of a specific definition prohibiting racial discrimination that is fully in accordance with Article 1 of the Convention (CERD/C/LVA/CO/6-12, 25 September 2018, paragraph 10). It further notes with regret that the Government did not provide information on the measures taken to ensure protection against discrimination based on colour and social origin in practice. The Committee therefore asks the Government to provide information on any measures taken to ensure the protection of self-employed workers against discrimination on the grounds of colour and social origin, both in law and practice. It further asks the Government to provide information on the application of section 2(1) of the Law on Prohibition of Discrimination of Natural Persons-Economic Operators in practice, including any violations detected or dealt with by the labour inspectorate or other competent authorities.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 29(7) of the Labour Law prohibits harassment, including sexual harassment, as a form of discrimination. It notes however, from the 2020 European Commission country report on gender equality, that sexual harassment cases are very rare, which testifies that this is still a latent problem as victims of sexual harassment are unable or unwilling to bring their case before the justice system (Country report on gender equality, Latvia, 2020, page 18). The Committee further notes that, in its 2020 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about the fact that the State Labour Inspectorate (SLI) had not received any complaints about sexual harassment in the workplace (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraph 35(e)). The Committee wishes to recall that where no cases or complaints about an issue (such as sexual harassment at work), or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore asks the Government to provide information on the measures taken to raise awareness of workers, employers, and their respective organizations about sexual harassment at work and the legal procedures available. It also asks the Government to provide information on the number of complaints and cases of sexual harassment detected or dealt with by the labour inspectorate, the courts or any other competent authorities, as well as the penalties imposed and compensation awarded.

Article 2. Equality of opportunity and treatment of women and men. The Committee previously noted that, while women represented a significant percentage of the workforce, the persistence of the gender segregation in the labour market continued to be a challenge. Referring to its previous comments where it noted the elaboration of the “Guidelines for ensuring equal opportunities and rights for women and men, 2016–20”, the Committee notes the Government’s indication that such guidelines were replaced by the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020, approved by Order of the Cabinet of Ministers No. 298 of 4 July 2018. It notes more particularly that the new Plan sets as specific directions for activities: (1) the promotion of economic independence and equal opportunities for women and men in the labour market; (2) the promotion of equal educational opportunities for boys and girls, and men and women; (3) the strengthening of the capacity of authorities on gender equality issues; as well as (4) public awareness raising on gender equality issues. In its supplementary information, the Government adds that a new plan is currently being developed for 2021–23 and would aim, in particular, at promoting gender equality in the labour market and tackling gender stereotypes. The Government further indicates that an information campaign was carried out in 2020 to combat gender biases in employment in order to reduce the gender segregation of the labour market. As regards the conciliation between work and family responsibilities, the Committee notes the Government’s indication that paternity leave has been extended to ten working days in 2019, and new flexible childcare facilities for parents employed under non-standard working time conditions were introduced in 2018. In its supplementary information, the Government states that, in October 2019, an awareness-raising campaign was launched in order to strengthen the father’s role in family and society by minimizing stereotypes of traditional gender roles in society, which remains one of the main barriers to equality between women and men. The Government adds that, in March 2020, the Ministry of Welfare in cooperation with the Employers’ Confederation of Latvia (ECL) and the Free Trade Union Confederation of Latvia (FTUCL) launched a joint project “Balance for all – B4A” for 2020–2022, in order to better conciliate work and family responsibility. The Committee welcomes this information, as well as the activities undertaken in collaboration with the social partners. It however notes, from the statistical information of the Central Statistical Bureau (CSB) provided by the Government that, while the employment rate for women without a child was estimated at 84.2 per cent, it was estimated at 70.3 per cent for women with a child under 3 years of age (compared to 91.4 per cent for men). Moreover, twice as many women as men were working part-time in 2018, mainly for family reasons (10.8 per cent for women compared to 5.3 per cent for men). The Committee further notes, from the additional information provided by the Government, that horizontal gender segregation of the labour market persists, as in 2019, women were still concentrated in education, health and social work, and food and accommodation (representing more than 80 per cent of the workers employed in such sectors), while men were still concentrated in construction and mining (representing 92.3 per cent and 82.1 per cent of the workers, respectively). Moreover, only 6 per cent of women work in science, technology, engineering and mathematics (STEM) occupations, compared to 30 per cent of men, such proportions remaining unchanged since 2005. The Committee notes that, as acknowledged by the Government in its 2018 report under the national-level review of implementation of the Beijing Declaration, gender segregation in the choice of vocational education and higher education remains as 92 per cent of academic-year graduates in the field of education and health and social work were women in 2017/2018, while 74 per cent of graduates in engineering, manufacturing and construction were men (page 7). As regards vertical gender segregation, the Committee notes from Eurostat, that, in 2019, the largest share of women among managerial positions in the European Union countries was recorded in Latvia where women represent 54.8 per cent of managers. It further notes that women represented 31.7 per cent of board members and 28.6 per cent of senior executives. Concerning the public service, the Government states that there is stable vertical gender segregation with women being mostly concentrated in lowest positions. While welcoming the share of women among managerial positions in the private sector, the Committee notes with concern the persistent gender segregation in education and employment. It further notes that, in its 2020 concluding observations, the CEDAW expressed specific concerns at: (1) the persistence of discriminatory gender stereotypes messaging and calls for adherence to traditional roles and values for women; (2) the ongoing vertical and horizontal gender occupational segregation; and (3) the unequal sharing of family responsibilities between women and men (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraphs 21 and 35). The Committee asks the Government to strengthen its efforts to address vertical and horizontal gender segregation in the labour market and gender stereotypes, including by improving women’s participation in non-traditional fields of study and professions, as well as better conciliation between work and family responsibilities. It asks the Government to provide information on the concrete measures taken to this end, in particular in the framework of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 or any other forthcoming plan, as well as on any assessment made of their impact. The Committee also asks the Government to continue to provide statistical information on the distribution of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Roma. The Committee previously noted that the Plan for Implementation on National Identity, Civil Society and Integration Policy Guidelines 2012–18 (Action Plan of the Guidelines) aimed to implement support measures for Roma integration, including to increase their levels of education and employment. It requested the Government to report on the implementation of the plan, in particular in relation to the levels of educational attainment of Roma children, the participation of Roma in vocational training and other skills development programmes, and their levels of employment. Noting that the Action Plan of the Guidelines ended in 2018, the Committee notes the Government’s indication that Roma integration measures are currently implemented in the context of the National Identity, Civil Society and Integration Policy Implementation Plan for 2019–2020, in cooperation with the Advisory Council for the Implementation of Roma Integration, as well as other Roma representatives or experts on Roma issues. The Committee notes that awareness-raising activities were carried out, in particular in the framework of the Latvian Roma Platform, in order to promote dialogue between Roma and representatives of local government and diversity at the enterprise level, as well as to exchange good practices on integration of Roma, in particular into the labour market. The Government adds that, from July 2016 until May 2019, more than 930 participants have been involved in Latvian Roma Platform projects’ activities implemented by the Ministry of Culture. The Committee welcomes this information. As regards educational attainment of Roma children, the Committee welcomes the decrease in the drop-out rate of Roma children from schools from 15.9 per cent in 2013/2014 to 7.5 per cent in 2016/2017, and notes that the Education Development Guidelines for 2014–2020 set as a specific objective to reduce this proportion to 7 per cent in 2020. It however notes that, in 2016/2017, 34.2 per cent of Roma children were enrolled in special needs programmes, which represents a 7 per cent increase compared with 2013/2014. In that regard, the Committee notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) highlighted that the situation of the Roma community is still of grave concern, especially in the areas of: (1) education, where a disproportionately high number of Roma children are placed in special needs programmes; (2) employment, where the very low levels of formal education among Roma, as well as frequently reported cases of anti-Roma prejudice and discrimination from potential employers result in high rates of unemployment among Roma and related socio-economic exclusion; and (3) professional and vocational training courses, where despite such courses are offered by the State Employment Agency (SEA) to all unemployed persons, they usually require participants to have completed compulsory primary school, a requirement which excludes a large number of Roma. Indeed, according to SEA data of August 2015, the educational level of 67.4 per cent of registered unemployed Roma was lower than the compulsory primary education and 20 per cent of them did not possess reading and writing skills (CRI(2019)1, 5 March 2019, paragraphs 65, 69–71) . While noting from the statistical data provided by the Government in its supplementary information, that 6,892 Roma were registered in Latvia on 1 January 2020, the Committee observes that, in its report, ECRI also highlighted that many Roma do not volunteer information about their ethnic origin to the authorities due to persistent stigmatization and prejudice against Roma in the public sphere (paragraph 64). The Committee also notes that, in its their concluding observations, several UN treaty-bodies recently expressed concerns about: (1) the continued stigma and socio-economic discrimination against members of the Roma community, especially Roma women, who continue to face discrimination in education and employment; and (2) the suppression of a post in the Office of the Ombudsperson for a Roma consultant, who was tasked with promoting Roma integration (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraphs 35 and 41(b); and CERD/C/LVA/CO/6-12, 25 September 2018, paragraph 22). The Committee asks the Government to strengthen its efforts to combat stigma and discrimination against Roma people in order to ensure them equal treatment and opportunity in education, training and employment. It asks the Government to provide information on the measures taken to that end, in particular in the framework of the National Identity, Civil Society and Integration Policy Implementation Plan for 2019-2020, as well as on any study or report available on their impact. The Committee also asks the Government to provide statistical data on the participation of Roma in education, professional and vocational training courses, as well as in the labour market.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee notes, from the statistical information provided by the Government, that the number of applications on unequal treatment in employment relationships sent to the SLI increased from 28 applications in 2018 to 69 in 2019. Moreover, in 2019, the SLI detected nine violations and provided 116 consultations on unequal treatment. In its supplementary information, the Government indicates that comparative statistical data between March/June 2019 and March/June 2020 showed an increase in the number of consultations provided by the SLI during the emergency situation resulting from the COVID-19 pandemic. The Government adds that, from 1 June 2019 to 1 June 2020, the Office of the Ombudsperson received 17 applications relating to discrimination and unequal treatment. In that regard, the Committee notes that, in 2020, the Ombudsperson conducted a comparative study 2011/2020 on the “Prevalence of Discrimination in the Employment Environment in Latvia” which showed an increase in the level of public awareness on discrimination issues. However according to the study, 21 per cent of employees indicated that they have personally experienced discriminatory treatment in the workplace over the last three years, and 44 per cent have noticed a job advertisement with biased requirements regarding the age and gender of the candidates over the last five years. As regards judicial decisions, the Committee notes the Government’s statement that no statistics are available as discrimination cases are not registered as such by national courts. The Committee however notes, from the 2020 European Commission country report on gender equality, that there is insufficient activity on discrimination in practice from the supervisory bodies, in particular the SLI which lacks capacity to proactively address violations of gender equality rights, since the priority issues are the fight against undeclared work and the violation of health and safety rules. The European Commission also highlighted that discrimination claims are still rare in Latvia, which may be explained by: (1) litigation costs which are too expensive for the majority of the working population; (2) low amount of the administrative sanctions imposed by the SLI and of the compensations awarded by national courts; and (3) strict time limits for bringing a discrimination claim before a court in employment cases – three months compared to a two-year limit in other cases of labour disputes (sections 31(1) and 95(5) of the Labour Law) (Country report on gender equality, Latvia, 2020, pages 62, 64, 67 and 68; and Country report on non-discrimination, Latvia, 2019, pages 11, 60 and 91). Regarding time limits, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), where it noted that similar concerns were expressed by the FTUCL, in its observations, regarding unequal pay claims. The Committee asks the Government to provide information on any measures taken or envisaged to: (i) enhance the capacity of labour inspectors and other relevant authorities to identify and address issues of discrimination in employment and occupation; and (ii) ensure that workers have appropriate access to justice and means of redress in cases of discrimination. It also asks the Government to continue to provide information on any cases of discrimination detected or dealt with by the labour inspectorate, the Ombudsperson, the courts or any other competent authorities, as well as the sanctions imposed and remedies provided.