Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Croatia (Ratification: 1991)

Further to its observation on the application of the Convention, the Committee would like to draw the Government’s attention to the following points.

1. Discrimination on the basis of sex. Recalling its previous request to the Government for information on the implementation of the measures proposed by the National Policy for the Promotion of Gender Equality and on difficulties encountered and results obtained, the Committee notes that the Government refers to its report submitted to the United Nations on the occasion of the Twenty-third Special Session of the General Assembly in June 2000 (Beijing +5). The Committee notes from that report the Government’s conclusions that, while the principle of equality for women is widely accepted, there was still insufficient will to undertake effective measures that would change the situation rapidly. The Committee notes that the Commission for Gender Equality, formerly known as the Commission for Issues of Gender Equality, held a conference in November 1999 to discuss the national policy, as well as new activities and measures. The Committee also notes that the Commission subsequently has drawn up a new National Policy for the Promotion of Gender Equality for the period 2001-05, in cooperation with NGOs, political parties, regional commissions and trade unions. The new policy was adopted by the Government on 31 May 2001 and is currently before Parliament for approval. Noting from the report that the policy covers, inter alia, the area of women in the economy, the Committee requests the Government to provide a copy with its next report. The Committee would also appreciate receiving information on the outcome of the abovementioned 1999 conference as far as it related to equality of women in employment and occupation and on the extent to which the results were taken up in the new National Policy for the Promotion of Gender Equality as adopted by the Government.

2. Discrimination on the basis of race, national extraction and religion. The Committee notes that the Government did not reply to its comments concerning measures taken to promote equality of opportunity and of treatment in employment and occupation and on the effective impact of these measures on discrimination based on race, national extraction and religion. In this respect, the Committee notes from the Second Report on Croatia of the European Commission against Racism and Intolerance (ECRI) that members of minority groups continue to be disproportionately affected by unemployment in western and eastern Slavonia and the Knin region. The ECRI also found that a very large percentage of the Roma/gypsy community in the country is unable to find employment. According to that report, minority groups continue to be significantly underrepresented within the public sector and this reflects difficulties in obtaining employment as well as dismissals of members of minority groups over the last decade. The Committee also understands that article 174 of the Penal Code, which makes certain acts of racial and other discrimination punishable by law, has been recently amended to include the concepts of ethnic and religious community, sex and nation. The Committee hopes that the Government will take measures to ensure observance of the national policy for equal employment in respect of all grounds contained in the Convention, including race, national extraction and religion and reiterates its request to the Government to inform it of measures taken in this regard. The Government is asked to supply detailed information on equal access to education and training as well as employment of members of ethnic minorities in the public sector, including statistical information on the representation of ethnic minorities in the various parts of the public sector. Please also provide a copy of the amendment to the Penal Code.

3. Enforcement of legislation. The Committee takes note of the statement by the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament’s Chamber of Deputies supplied by the Government. The Committee also notes from the report that the courts have not given any decision involving questions of principles relating to the application of the Convention. Recalling that effective procedures for the enforcement of relevant non-discrimination legislation are crucial in applying the Convention, the Committee requests the Government to continue to provide information on any complaints submitted to the competent bodies, including the ombudsperson, concerning cases of discrimination on one or several of the grounds listed in the Convention in employment and occupation, including on outcomes and follow-up. The Government is also asked to provide any judicial or administrative decisions related to discrimination on the grounds provided for under the Convention.