Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

1. The Committee notes from the Government’s report that the draft act on equal opportunities for women and men has not been passed by the National Assembly and that a new draft act on prevention of discrimination is before the Council of Ministers for approval. The Committee trusts that the new legislation will fully take into account the principles and scope of the Convention, covering all grounds of prohibited discrimination and extending protection from discrimination to all stages of the employment process, i.e. training, employment as well as terms and conditions of employment, including career development. Please provide information on the progress made concerning the adoption of the draft act.

2. Discrimination on the basis of national extraction and colour. Further to its observation, the Committee recalls that the list of prohibited grounds of discrimination in the context of recruitment of civil servants under section 7, paragraph 4, of the Act on Civil Service of 21 July 1999 does not include the criteria of "colour" as provided for in Article 1, paragraph 1(a), of the Convention. The Committee recalls that when revisions are adopted to give effect to the Convention, they should include all the criteria set out in that Article. Noting that section 7, paragraph 4, of the Act on Civil Service relates to recruitment and that the part relating to rights of civil servants (Part IV) does not mention equality as regards career development, the Committee recalls that the Convention does not only provide protection from discrimination in respect to access to employment, but also as concerns vocational training, conditions of employment and promotions (Article 1, paragraph 3). The Committee trusts that the Government will add "colour" to the list of discriminatory criteria prohibited in the civil service in the course of future legislative revision and requests the Government to ensure that discrimination is prohibited on all grounds listed in the Convention in access to employment, career progression and conditions of employment.

3. The Committee notes that the Government provided no response to its request for explanation as to the low rate of success of the pilot phase of the "Literacy, Qualification, and Employment Programme" which was intended to promote employment of disadvantaged groups, including minorities. Only 48 persons, registered in the programme had found employment (27 per cent). However, the Committee notes from the Government’s report that the programme, which is intended to secure employment for persons belonging to disadvantaged groups, including the Roma, has been expanded to 13 municipalities in 2000 and 2001. According to the Government, 47 persons started to work after having completed the employment module. The Committee requests the Government to continue to provide information on the number of persons of minority origin that have registered and successfully completed the programme, as well as the number of persons of minority origin participating in the programme, which have subsequently found work. Noting the information provided on the programme entitled "From social care to employment" which is designed to assist persons who are particularly disadvantaged in the labour market (long-term unemployed, single mothers, young persons under 24), the Government is also asked to indicate to which extent this programme is improving the employment situation of minority groups, including persons of Turkish and Roma origin. In order to allow the Committee to better assess the application of the Convention, the Government is invited to submit statistical information on the overall employment situation of ethnic minorities.

4. In respect to the application of Decree No. 183 of 5 September 1994, the Committee notes that the Government will, at a later stage, provide information in reply to its previous comments, which read as follows:

Noting that the Government’s report gives no information on the practical application of Council of Ministers’ Decree No. 183 of 5 September 1994 concerning study of the mother tongue in state schools, particularly for Turkish-speaking pupils, in the framework of an effort to overcome the low educational level of the Turkish minority communities, the Committee reiterates the wish to receive information on the application of this new Decree, in particular statistics on: (a) the number of requests received by the communal authorities for a supply of textbooks in the mother tongue and the number of requests which have been complied with; and (b) on mother-tongue courses available in secondary and technical schools, as well as in higher education institutions such as universities. It requests that the information supplied in this regard should include pupils that are members of the national minorities of Turkish and Roma origin.

5. Discrimination on the basis of sex. The Committee notes the information provided by the Government in respect to various programmes aiming at the reduction of unemployment and the creation of economic opportunities among women, such as the one in the Devin region carried out by the National Employment Service and the United Nations Development Programme (UNDP) from 1997 to 2000 and the different projects funded by the "Regional Initiatives Fund". Noting that women have also benefited from the measures taken under the Protection against Unemployment and Employment Promotion Act (PUEPA), the Committee encourages the Government to continue to create training and employment opportunities for women and to keep it informed in this respect. Please provide statistical data on the extent to which these measures have led to sustainable employment of women.

6. The Committee notes from the Government’s report that the Employment Promotion Act, which entered into force on 1 January 2002, provides for the creation of new jobs, vocational education, training and temporary employment of unemployed workers for men and women on equal footing. It equally notes, with interest, that article 53 of this Act grants preferences for employers who employ under contract registered unemployed women, which include single adoptive mothers and mothers with children up to 3 years of age. The Committee asks the Government to provide a copy of the Employment Promotion Act as well as any relevant statistical data it has computed regarding the application of these special measures, such as the ones contained in article 53 of the Act.

7. With reference to its previous comments on the need to address horizontal and vertical gender segregation in the labour market, the Committee stresses once again the importance of assessing the extent to which the measures taken to promote employment of women contribute to increasing women’s access to decision-making jobs and to jobs in economic sectors traditionally occupied by men. In order to achieve real equality of opportunity and treatment of women as envisaged by the Convention, it is necessary not only to achieve overall equal participation of women in the labour market, but also to move towards equal participation in the various economic sectors and all levels of employment. The Committee therefore requests the Government to provide information on specific measures taken and the results obtained to increase professional mobility of women towards sectors in which they are traditionally underrepresented and to posts with responsibility. Please also provide statistical data disaggregated by sex on labour market participation by occupation and sector.