Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that work is under way to draft a comprehensive anti-discrimination law, with a view to harmonizing the legislation with the relevant European directives. In this regard, the Committee recalls that, at present, section 2 of the Labour Code and section 6 of the Act on Civil Servants prohibit discrimination on the basis of a wide range of grounds, including the grounds specifically listed in Article 1(1)(a) of the Convention. These provisions also provide protection from discrimination based on family status, situation or responsibilities, in line with the Workers with Family Responsibilities Convention, 1981 (No. 156), ratified by Croatia. The Committee urges the Government to ensure that the new legislation does not restrict the currently available level of protection from discrimination in employment and occupation, in line with Conventions Nos 111 and 156. The Government is requested to provide information on the progress made in the adoption of new anti-discrimination legislation and the steps taken to ensure that it is in line with relevant ILO Conventions, as well as on the consultations held with workers’ and employers’ organizations in this regard.

Articles 2 and 3. Gender equality in employment and occupation. The Committee notes that the Gender Equality Ombudsperson received 174 complaints in 2007, almost twice as many as in 2004, while in 2006 the number of complaints received was 193. More than one third of the complaints related to employment discrimination against women, including sexual harassment, in both the private and public sectors. The Committee is concerned that, as observed by the Ombudsperson, a wide range of discriminatory practices exist that exclude pregnant women or women having small children from employment. The Committee requests the Government to continue to provide detailed information on the work of the Gender Equality Ombudsperson, including information on the complaints received and the follow-up action taken in response to recommendations issued.

The Committee notes that the National Policy for the Promotion of Gender Equality 2006–10 is aimed at eliminating discrimination against women and establishing genuine gender equality, including in the labour market. The Policy outlines a number of measures to reduce the female unemployment rate, ensure women’s economic empowerment and eliminate all forms of discrimination. Measures to enhance collection, processing and publication of gender-specific statistical data are envisaged as well. The Committee requests the Government to provide detailed information on the following:

(i)    the measures taken under the National Policy for the Promotion of Gender Equality to promote equality of opportunity and treatment in employment and occupation of women, as well as the results achieved by such action, including detailed statistical information concerning women’s participation in the private and public sectors, disaggregated by industry and occupational category;

(ii)   the progress made in increasing women’s participation in decision-making and management positions; and

(iii)  the measures taken to promote a better sharing of family responsibilities between men and women and to ensure that men and women can make use, in practice, of family-related rights and benefits, without being subjected to discrimination based on family responsibilities.

Equality of opportunity and treatment in employment and occupation of the Roma. In its previous comments, the Committee requested the Government to provide information on the specific measures implemented under the National Programme for the Roma and the Ten-Year Plan of Action for the Inclusion of the Roma 2005–15 to promote and ensure equality of opportunity and treatment of the Roma in employment and occupation, as well as the results achieved by such action. The Committee regrets that the information provided in this regard is so general in nature that it does not allow the Committee to conclude whether adequate effect is being given to the Convention’s provisions. The Committee urges the Government to provide specific and detailed information on the concrete measures taken to promote and ensure equal access of Roma men and women to employment and occupation, without discrimination based on sex, race, colour and national extraction.

The Committee recalls the importance of monitoring, on a continuing basis, the impact of the measures taken to promote equality of opportunity and treatment in employment and occupation of the Roma. In this regard, the Committee notes from the Government’s report that the Croatian Employment Service does not maintain information on the ethnic origin of the unemployed. However, estimates concerning unemployment among the Roma are established on the basis of the place of residence of jobseekers and knowledge of the Roma language. The Committee also notes that Roma representatives participate in the Commission for the Monitoring of the Implementation of the National Programme for Roma. The Committee requests the Government to provide information on the following:

(i)    the actual situation of men and women from the Roma community in the labour market, including the estimated levels of employment, unemployment and self-employment;

(ii)   the level of participation of Roma men and women in employment promotion measures, such as vocational training or public works programmes; and

(iii)  the work of the Commission for the Monitoring of the Implementation of the National Programme for Roma concerning the implementation of measures to promote equal access to employment and occupation.

Article 3(d). Access of minorities to employment under the control of a national authority. The Committee notes with interest that a number of positive steps have been taken with regard to the implementation of section 22 of the Constitutional Act on the Rights of National Minorities of 2002, which guarantees proportional employment of national minorities in the state administration. The Civil Service Employment Plan 2007, for the first time includes targets for the recruitment of national minorities to the civil service, and a proposal is being discussed to introduce similar targets with respect to the judiciary. A series of round-table discussions to promote the access of national minorities to public employment have been held, in cooperation with the Organization for Security and Cooperation in Europe. The Committee requests the Government to continue to provide information on its efforts to promote and ensure access of members of national minorities to public employment, including information on the progress made in achieving recruitment targets concerning minorities. The Committee reiterates its request to the Government to provide information on the current ethnic and gender composition of the civil service.

Enforcement of anti-discrimination legislation. The Committee notes from the National Policy for the Promotion of Gender Equality that, the enforcement of the anti-discrimination legislation continues to be subject to many challenges, including lack of awareness of the legislation among workers, employers and the judiciary. The Committee notes, however, that the National Policy’s Action Plan, envisages a number of measures to strengthen the enforcement of the anti-discrimination legislation, including systematic collection of statistical data on cases of gender discrimination in employment and work, as well as awareness-raising and training activities for relevant target groups. The Committee welcomes these envisaged measures and requests the Government to ensure that information is collected also in relation to cases concerning discrimination on the basis of grounds other than sex. It requests the Government to provide information on the following:

(i)    progress made in collecting and analysing information on court cases on discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; and

(ii)   measures taken to raise the awareness of the judiciary and other competent bodies to better equip them to deal with cases of discrimination.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.