Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Moldova (Ratification: 1996)

Equality of opportunity and treatment of the Roma. The Committee notes the Government’s indication that the Roma face difficulties in the labour market, particularly due to their lack of skills. While noting the self-information posts created within the framework of the National Employment Agency (NEA) to support the integration of the Roma community into the labour market, the Committee notes that no information has been provided on concrete action taken to improve equality of opportunity and treatment for the Roma, particularly under the action plan on supporting the Roma people of the Republic of Moldova
2007–10. Moreover, the Committee notes from the concluding observations of the United Nations Human Rights Committee that “Roma remain socially and economically marginalized, with restricted access to … employment, education and housing” (CCPR/C/MDA/CO/2, 4 November 2009, paragraph 27). The Committee further notes that no information has been supplied regarding the project “training for linguistic minorities in Moldova” designed to provide persons belonging to minority groups with skills in the national language, thus enhancing their opportunities of employment. The Committee again asks the Government to provide information on the implementation of concrete measures undertaken under the action plan on supporting the Roma people of the Republic of Moldova, including an indication of the number of men and women of Roma origin who have found employment following their participation in the activities concerned. The Committee further asks the Government to supply information on the implementation of the project “training for linguistic minorities in Moldova” and on any other positive measures taken to remove barriers hindering the Roma’s access to employment and occupation. Please also supply any relevant statistical information in this regard.

Equality of opportunity and treatment between men and women. The Committee notes the new National Programme for Ensuring Gender Equality for the years 2010–15 and the action plan for its implementation 2010–12. With regard to employment, the National Programme aims particularly at increasing employment among women; eliminating gender discrimination in the labour market; and promoting economic empowerment of women in rural areas. The Committee also notes that, in the context of the implementation of the National Programme, the principle of non-discrimination and equal opportunity will be particularly observed, and the Government will take into consideration the development of sex disaggregated data, as well as gender mainstreaming in the elaboration, implementation, monitoring and evaluation of policies. The Committee further notes that the NEA encourages the participation of women, especially unemployed women, in the labour market with a view to reducing gender discrimination in employment. In this connection, the Committee notes the information provided by the Government indicating that a certain number of unemployed women participated in vocational training and benefited from unemployment aid and integration or reintegration allowances. The Committee also notes the activities undertaken by the territorial agencies in this regard, including training courses, information and guidance services, individual consultations and seminars. The Committee encourages the Government to continue to take the necessary steps to overcome the difficulties faced by women in employment and occupation, and to provide information on the concrete measures taken or envisaged to implement the National Programme for Ensuring Gender Equality for the years 2010–15, and the results achieved. The Committee also asks the Government to continue to provide information on the initiatives taken by the NEA to increase the participation of women in the labour market, and to supply updated information on the participation rates of men and women in the training organized in this regard. Please also indicate any affirmative action undertaken pursuant to section 13(1) of Act No. 5-XVI of 2006 and the outcome thereof.

Work and family responsibilities. The Committee recalls its previous comments on the amendment of sections 120(2) and 121(4) of the Labour Code granting leave to parents and unmarried single parents. The Committee also notes the information contained in the Government’s report presented to the Council of Europe Conference of Ministers responsible for Equality between Women and Men (Seventh Council of Europe, 7 May 2010), highlighting that the labour legislation is very protective, thus limiting women’s participation in the labour market, especially in the private sector, and perpetuating stereotypes of gender roles (page 6). Moreover, the Committee notes that women in rural areas face additional obstacles in their professional development and advancement, and in the harmonization of work and family responsibilities (page 7). The Committee reiterates its request to the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code, including an indication of the number of fathers that have been granted such leave. The Committee also asks the Government to provide information on the measures taken or envisaged to improve the professional development and advancement of women with family responsibilities, and women in rural areas.

Special measures of protection and assistance. In the absence of the information previously requested, the Committee urges the Government to take measures to ensure the review of the list of prohibited occupations, with a view to restricting prohibitions to those necessary to protect maternity and repealing those aimed at protecting women because of their sex or gender based on stereotyped assumptions. Please provide detailed information on steps taken in this regard.

Sexual harassment. The Committee notes that the Government’s report contains no information on its request regarding section 5(4) of Act No. 5-XVI, 2006 which covers sexual harassment. The Committee once again asks the Government to provide information on the number and outcome of court cases of workplace sexual harassment in the context of section 5(4) of Act No. 5-XVI of 2006, as well as on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

Trafficking of women. The Committee notes the Government’s indication that the National Programme for Ensuring Gender Equality for the years 2010–15 provides for specific objectives regarding violence and human trafficking, in particular to improve and develop the rehabilitation and reintegration of victims, especially girls and women; to reduce cases of gender-based violence in rural areas; and to protect victims through the national and international mechanisms for filing and processing complaints. The Committee also notes that the NEA has taken measures to assist victims of trafficking, including labour mediation, information and professional guidance, orientation and professional training, and integration or reintegration allowances. The Committee asks the Government to provide information on the implementation of the National Programme for Ensuring Gender Equality, related to the issue of trafficking of women, and to continue to provide information on measures undertaken by the NEA in this regard. The Committee also asks the Government to provide information on the implementation of measures to improve women’s job opportunities, particularly of those living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.

Institutional framework. In the absence of specific information, the Committee reiterates its request for updated information on any concrete steps taken by the Commission on Equal Opportunities for Men and Women to implement the National Programme for Ensuring Gender Equality, as well as an assessment of the impact of these activities. The Committee further requests the Government to supply details on the activities of the gender units to improve the participation rates of women in training and education programmes, and in the sectors and occupations in which they are under-represented.

Enforcement. The Committee notes from the information contained in the Government’s report presented to the Council of Europe Conference of Ministers responsible for Equality between Women and Men, that while “the Gender Equality Law laid a solid foundation for the process of achieving gender equality in Moldova, it contains a series of drawbacks, including a weak monitoring and investigation mechanism of gender discrimination cases, thus being virtually impossible to seek redress in cases of gender discrimination in the courts of law of Moldova”. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the principles of the Convention, including measures to improve mechanisms of monitoring and investigation. The Committee also asks the Government to take steps to promote awareness among workers and employers of their rights and obligations under the equality legislation, as well as public awareness of the existing laws, procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation, and to provide more detailed information on the specific action taken in this regard. The Committee also requests further information on the enforcement, including by the gender unit of the labour inspectorate, of Act No. 5-XVI, 2006.