Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - San Marino (Ratification: 1986)

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour and national extraction. In its previous comments, the Committee noted that, owing to recent immigration flows into the country, the number of non-nationals living and working in San Marino had increased, and it asked the Government to: (i) provide information, including statistical data disaggregated by sex, on the situation of migrant workers; and (ii) supply full information on the steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact. The Committee notes the statistical information on the number of migrant workers, disaggregated by sex and professional qualification, provided by the Government in its report. It also notes the Government’s indication that the adoption of new measures to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, was not deemed to be necessary because no issues in this respect had arisen. In this regard, the Committee notes from the fourth opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities that no case of racism or racial discrimination has been recorded, although isolated cases of latent prejudice towards foreigners triggered the adoption of legal measures and cultural activities to tackle racism and to enhance the level of tolerance and understanding among the population (ACFC/OP/IV(2015)007, 21 April 2016, paragraph 2). Recalling that no society is free from discrimination and that continuous action is required to address it, the Committee encourages the Government to continue to monitor the situation in employment and occupation of all men and women to ensure their equality of opportunity and treatment, irrespective of race, colour and national extraction or social origin, and to provide information on any measures envisaged or adopted as a result thereof, including any measures adopted in collaboration with employers’ and workers’ organizations.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee again asks the Government to supply information on the steps taken to implement this provision and the progress made in this regard.

Article 1(1)(b). Discrimination on the basis of disability. In its previous comments, the Committee made reference to the Law No. 141 of 1990 laying down the rights of disabled people, which has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, and asked the Government to provide information on the steps taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them. The Committee notes the Government’s indication that Law No. 141 has been further strengthened by the Law No. 28 of 2015 that incorporates in the national legal framework the principles of the UN Convention on the Rights of Persons with Disabilities, 2007. It also notes the statistical information provided by the Government on the number of men and women with disabilities who have benefited from the measures aimed at promoting their access to employment. The Committee notes, in particular, that in 2016 51 persons with disabilities were able to access employment thanks to incentive measures, 17 of whom were women. The Government also states that, following the adoption of Law No. 189 of 2015, changes were made to the Law No. 71 of 1991 laying down measures to promote access to employment of persons with disabilities. The Committee notes in particular that Law No. 71 of 1991 now provides, at article 4bis, that in order to access public procurement, enterprises with more than 15 employees must count among their workforce at least one worker with disabilities. The Committee asks the Government to continue to provide information on the implementation of measures aimed at promoting equality of opportunity and treatment in employment and occupation of men and women with disabilities and their impact, including information on the number of disabled men and women who have benefited from them.

Article 3(a). Cooperation with employers’ and workers’ organizations. Recalling the important role of workers’ and employers’ organizations in promoting the acceptance and observance of national policies and plans, including of a national policy on equality of opportunity and treatment in respect of employment and occupation, the Committee asks the Government to provide information on any consultation undertaken, as well as on cooperation with employers’ and workers’ organizations, with a view to promoting non-discrimination and equality in employment and occupation in practice.

Enforcement. The Committee notes the Government’s indication that no judicial or administrative decision has been delivered involving questions of principle relating to the application of the Convention, nor have labour inspectors detected infractions concerning the principle of the Convention. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee thus invites the Government to raise awareness of the relevant legislation among the general public, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be lodged successfully. Please also continue to supply information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and type of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee notes from the statistical information provided by the Government on the labour participation of men and women in the private and public sectors for the year 2015, that fewer women than men are found in high-level position across the various sectors and occupations The Committee asks the Government to continue to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions. Please also supply information on any measures taken or envisaged to promote women’s access to high-level positions.