Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Latvia (Ratification: 1992)

1. Article 1(1)(a) of the Convention. The Committee notes the information contained in the Government's first report. The Committee notes with interest the Government's statement that, in order to promote the national policy of equal opportunity and treatment in employment and occupation, the Constitution of Latvia was amended on 15 October 1998 to add a chapter on "Fundamental human rights". The chapter contains a general prohibition against discrimination which states that "all human beings in Latvia shall be equal before the law and the courts" and that "human rights shall be realized without discrimination of any kind" (article 91). The Committee further notes with interest that section 1 of the Latvian Labour Code establishes that "physical persons in the Republic of Latvia are ensured of equal rights in legal employment relations regardless of race, colour, sex, age, religious, political or other persuasion, national or social origin, or material situation". Noting that section 1 of the Labour Code prohibits discrimination on the basis of "national or social origin", the Committee requests the Government to indicate the manner in which protection from discrimination on the basis of national origin is currently provided in practice. The Committee notes that section 1 of the Latvian Labour Code prohibits discrimination in employment on the basis of age and material situation, in addition to the seven grounds set forth in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate whether it intends for the grounds of age and material situation to be covered under the Convention pursuant to Article 1(1)(b). Further, the Committee notes from the report that a new Labour Code will be enacted in the near future. The Committee would be grateful if the Government would keep it informed of developments and provide a copy as soon as it is adopted.

2. The Committee notes that, in July 1999, the Government adopted but did not promulgate a State Language Act requiring the use of the Latvian language in employment-related activities that would extend not only to the public service, but also to private enterprise and self-employment. The Act was to be considered for revision in December 1999. Noting that section 4 of the Latvian Constitution of 15 February 1922 establishes Latvian as the official state language, the Committee points out that such a provision does not, per se, contravene the Convention. However, language restrictions that are intended to or in fact operate to deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment and occupation, including access to education and employment, occupational guidance and vocational training, would constitute discrimination on the ground of national extraction. A number of provisions contained in the draft State Language Act contain employment-related restrictions that could be found to place linguistic minorities in Latvia at a disadvantage with regard to their employment activities. These include sections 6(2) and (3) and 8(2) and (3), which require private institutions, organizations and companies, and their employees, and self-employed persons to use the state language, inter alia, where their activities relate to the public interest. The Committee notes that article 114 of the Latvian Constitution provides that "persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity". The Committee expresses the hope that the Government will reconsider the draft State Language Act in light of the analysis set forth above. The Government is asked to indicate the manner in which the relevant constitutional provisions, including articles 91 and 114, are applied to prevent and eliminate discriminatory practices with regard to Latvia's ethnic and linguistic minority groups. Further, the Government is requested to provide a copy of the final version of the State Language Act as soon as it is adopted.

3. With regard to access to employment, section 15 of the Labour Code provides that "no direct or indirect restrictions of rights or direct or indirect granting of preferential treatment due to race, colour, sex, age, religious, political or other persuasion, national or social origin, or material situation shall be permitted in hiring except those restrictions and preferences provided by law and other normative acts". The Committee notes the Government's statement that the exclusions referred to in section 15 are specified by law and apply only to special cases, including to protect the rights of other persons and to ensure the security of the State, public order and peace. It requests the Government to provide information on the manner in which this provision is applied in practice, and to indicate the precise nature of the restrictions and preferences permitted.

4. Article 2. The Government indicates that the application of the Latvian policy of non-discrimination in employment is entrusted to, inter alia, the State Employment Service. The Government further indicates that the Professional Career Guidance Centre of the Ministry of Welfare is active in implementing the national policy. The Government is requested to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered. In addition, the Committee would be grateful if the Government would provide information on the establishment, structure and activities of the National Human Rights Office, including any promotional, informational and advocacy functions carried out by that agency.

5. Article 3. The Committee notes with interest the Government's statement that cooperation between the social partners has developed rapidly in recent years, leading to ongoing social dialogue at the sectoral and national level. In this regard, the Committee requests the Government to provide information on the activities of the National Tripartite Cooperation Council as well as on trade unions that supervise the application of the Convention.

6. The Government's report indicates that public awareness in Latvia regarding discrimination in employment is low, and that this factor, coupled with the lack of court decisions with regard to discrimination are problems hindering the application of the Convention. Article 3(b) of the Convention requires ratifying States to promote educational programmes calculated to secure the acceptance and observance of the national equal opportunity and treatment policy. The Committee recalls the vital importance of action in the area of education and information in order to change historical attitudes and behaviour patterns and secure equality of opportunity and treatment in conformity with the Convention. The Committee would be grateful if the Government would provide information in its next report on the measures taken in this regard.

7. Article 4. The Committee notes that the national legislation prohibits the employment of persons as state civil servants whose activities may threaten the security of the State. The Committee would be grateful if the Government would provide copies of the relevant provisions in its next report as well as information regarding the right of appeal available to persons affected by this restriction.

8. The Government's report states that those seeking redress for violations of their rights may apply to the National Human Rights Office. They may also bring an action before the courts or apply to the Prosecutor's Office. The Committee requests the Government to provide information on the number and type of employment discrimination complaints brought before the National Human Rights Office or handled by the Prosecutor's Office during the reporting period and the outcome of any such complaints. The Committee would be grateful if the Government would continue to keep it informed and if it would provide copies of any administrative or judicial decisions issued relevant to the application of the Convention.

9. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the State Labour Inspectorate, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, the action taken and the outcome.