Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cyprus (Ratification: 1968)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. With regard to its previous comments in relation to the ground of “social origin”, the Committee takes note of the very general information provided in the Government’s report regarding the jurisdiction and competencies of the Commissioner for Administration and the Protection of Human Rights (Ombudsman) as an Equality Body. However, it notes with regret that the Government still provides no indication on the steps taken to explicitly prohibit direct and indirect discrimination based on social origin in the equality legislation, nor does it explain how it ensures protection against this kind of discrimination in practice. The Committee recalls, once again, that the definition of discrimination in employment and occupation includes all forms of direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including social origin, and that in order to eliminate effectively all forms of discrimination, it is necessary to address discrimination on all grounds (see General Survey on the fundamental Conventions, 2012, paragraphs 850–55). The Committee therefore reiterates, once again, its request to the Government to take without delay all the necessary measures to ensure that the legislation explicitly prohibits direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including social origin. It also once again asks the Government to provide information on the steps taken to ensure protection against direct and indirect discrimination based on social origin in practice, and to provide a copy of any relevant administrative or judicial decisions in that respect.

Discrimination based on sex. Sexual harassment. The Committee takes note of the Government’s indication that, in March 2021, the Ombudsman’s Office launched an awareness-raising campaign regarding prevention and elimination of harassment and sexual harassment in the workplace, called “Break the Silence”. It also notes that, according to the Government, during 2020–21 a number of online seminars and workshops were organised by the Ombudsman’s Office and the Cyprus Academy of Public Administration regarding sexual harassment in the public sector, and that an amendment of the public administration legislation is currently being prepared to explicitly include sexual harassment in the disciplinary offences related to indecency or immorality. The Government adds that, in December 2020, the Ombudsman’s Office and the University of Central Lancashire in Cyprus (UCLan Cyprus) published a report on the status of migrant domestic workers, following which dozens of citizens contacted the Ombudsman’s Office to seek guidance on how to submit a complaint regarding sexual harassment (at work and outside the workplace). The Committee observes, however, that, according to the statistical information provided by the Government, the number of complaints alleging sexual harassment in the workplace is still particularly low, with only 24 complaints filed between 2018 and 2020, mainly from domestic workers, 23 of which were withdrawn, unfounded or considered as lacking supporting evidence. It further notes that, according to the above-mentioned report on the status of foreign domestic workers, “the research findings suggest that [they] are generally unwilling to complain about situations which they consider unfair or illegal, even in cases where physical or sexual violence has been used against them, due to their mistrust of Cypriot authorities and concerns that any interaction with them will damage their legal or employment status in the Republic”. Recalling once again the seriousness and gravity of sexual harassment, the Committee asks the Government to continue to provide information on: (i) the measures taken to prevent and address sexual harassment in the workplace, both in the private and public sectors, including through awareness-raising activities and legislative reforms (in this regard, please provide information on the status of the amendment of the public administration legislation on the definition of the disciplinary offences of indecency and immorality); (ii) the number of complaints concerning sexual harassment, especially from domestic workers, dealt with by the competent authorities, specifying the penalties imposed and the compensation awarded; and (iii) the procedures and mechanisms available for victims of sexual harassment, including foreign domestic workers, to seek redress.

Sexual orientation. The Committee notes the Government’s statement that no complaints alleging discrimination based on sexual orientation have been submitted in application of section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(I)/2004, which prohibits direct and indirect discrimination on the ground of sexual orientation in employment and occupation. It observes, however, that, according to a survey entitled “A long way to go for LGBTI equality”, published in 2020 by the European Union Agency for Fundamental Rights (FRA), LGBTI persons in Cyprus still face difficulties and discrimination in various fields of life, including employment, with 30 per cent of the respondents stating that they feel discriminated against in the workplace. In this regard, the Committee wishes to remind the Government that, where no cases or complaints are being lodged, this may 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 (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee once again asks the Government to: (i) provide information on the specific measures taken or envisaged to raise awareness and combat stereotypes and prejudices, with a view to eliminating discrimination based on sexual orientation in employment and occupation, and their impact on the integration of LGBTI workers in the labour market; and (ii) continue to provide information on the number and nature of cases or complaints regarding discrimination on the basis of sexual orientation dealt with by the Ombudsman’s Office, labour inspectors, or courts, specifying the penalties imposed and the compensation awarded.

Article 1(2). Inherent job requirements. For a number of years, the Committee has been asking the Government to provide information on the revision of the schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training, which excludes from its scope of application certain occupations, such as artistic activities, personal services, or underground mining operations. The Committee notes the Government’s indication that the Department of Labour of the Ministry of Labour and Social Insurance has prepared an draft amendment law, which will be soon submitted to the House of Representatives for approval, deleting the exclusion of “the employment of women in underground mining operations”. However, it observes with regret that the Government still provides no information on the revision of the other exclusions specified in the schedule to section 4(2) of Law No. 205(I)/2002, and merely states that no revision has been undertaken on this matter by the Labour Advisory Board. The Committee recalls, once again, that systematic application of inherent requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible, that careful examination of each individual case is required, and that distinctions must be determined on an objective basis and take account of individual capacities (see General Survey on the fundamental Conventions, 2012, paragraphs 827–31). The Committee therefore asks the Government to: (i) take without delay all the necessary measures to ensure the revision ofthe schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training; and (ii) provide information on the number, nature and outcome of any cases regarding the application of the exclusions enumerated in the schedule to section 4(2) of Law No. 205(I)/2022 dealt with by courts or any other competent authority.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers and national minorities. The Committee notes the Government’s general statement that recognised refugees and members of national minorities such as Turkish Cypriots have free access to the labour market and the services provided by the Public Employment Service. It also notes the Government’s statement that a great number of integration actions, funded by the Asylum, Migration and Integration Fund (AMIF), have been implemented by local authorities and non-governmental organisations (NGOs), including free language lessons for migrant adults and minors, one-stop shops for all migrants and refugees, and structured activities for the residents of the Open Reception and Accommodation Centre in Kofinou. The Government adds that the Pedagogical Institute of the Ministry of Education, Sport and Youth continues to implement the national strategy on the integration of pupils with a migrant background into the Cypriot education system, offering Greek language lessons and support to the pupils and their families. The Committee also notes the information provided by the Government on the various initiatives undertaken by the Ombudsman’s Office during 2021–22 (public statements, reports, own-initiative interventions, and so on), regarding hate speech incidents promoting racism and xenophobia, racial incidents in football matches and sports events in general, as well as racial assaults against migrant workers in the food delivery industry. In this regard, it notes that, in its 2022 country report on non-discrimination, the European network of legal experts in gender equality and non-discrimination of the European Commission expressed concern about the fact that, following the COVID-19 pandemic, “Government officials repeatedly made xenophobic statements framing third country nationals as a risk to ‘our’ culture and security and exaggerated the number of asylum applications”, and that “[r]acial hate speech became common in the mainstream media and was adopted as the main political discourse by most political parties”. The Committee also notes that the Government provides no information on the concrete measures taken to ensure equality of opportunity and treatment in employment and occupation for migrant workers and members of national minorities. It further observes that, according to the statistical data provided by the Government, the Ombudsman’s Office has only received nine complaints in the last five years regarding cases of discrimination based on race, colour or national extraction in employment and occupation. The Committee therefore once again asks the Government to: (i) provide information on the concrete measures taken toeffectively ensure equality of opportunity and treatment in employment and occupation for migrant workers, in particular non-European Union migrant workers, as well as members of national minorities such as Turkish Cypriots, by enhancing their participation in education and vocational training and their access to a wide range of occupations in the labour market, and on the impact of such measures; and (ii) continue to provide statistical information on the number and nature of cases or complaints of discrimination on the grounds of race, colour or national extraction dealt with by the labour inspectors, the Ombudsman, the courts or any other competent authority, the penalties imposed and the remedies granted.

Migrant domestic workers. The Committee notes the Government’s indication that: (1) in 2019, the Ombudsman’s Office issued a report on the legal framework of domestic work, in which a number of improvements were acknowledged, such as the strengthening of the surveillance of private employment agencies involved in the recruitment of domestic workers and the revision of the policy regulating the stay of third-country nationals employed as domestic workers; and (2) the recommendations included in the above-mentioned report on the status of foreign domestic workers are currently under examination. The Committee observes that, according to this last report, migrant domestic workers: (1) work, on average, 58 hours per week, which is significantly longer than the 42 hours per week that they are contractually obligated to work; (2) receive, on average, €337 per month, which is almost three times lower than the current national minimum wage (€940 per month for workers with at least six months of seniority within the company); and (3) often sign employment contracts without being informed or having an understanding of their rights. It further notes from the information available on the Civil Registry and Migration Department website that domestic workers are still not allowed to make more than two changes of employers, unless this is justified by special circumstances (death of employer, transfer of the employer to a nursing home or rehabilitation centre, the new employer is over 75 years of age, and so on). The Committee once again asks the Government to provide information on: (i) the specific measures taken to effectively ensure equality of opportunity and treatment in employment and occupation for migrant domestic workers, especially concerning their terms and conditions of employment; (ii) the concrete steps taken to enhance the access of migrant domestic workers to a wide range of occupations in the labour market, by removing the restrictions related to change of employers and by promoting their participation in education and vocational training; and (iii) the number, nature and outcome of complaints made by migrant domestic workers concerning discrimination in employment and occupation, as well as the sanctions imposed and the remedies granted.

Roma. The Committee takes note of the Government’s indication that, on 13 December 2021, the Council of Ministers approved the Cyprus National Roma Strategic Framework 2021–30. The Government adds that this Strategic Framework – which will be updated every five years to accommodate any new issues that will emerge – refers to the social priorities of the Republic of Cyprus for the period 2021-2030, outlining the relevant public sector programmes and setting the national goals and measures for enhancing equality, inclusion and participation of Roma. The Committee observes, however, that although the Strategic Framework acknowledges that “improving [the] employment situation of [Cypriot] Roma is one of the main pillars towards ensuring their socio-economic inclusion”, it does not contain measures specifically targeting the Roma population. In this regard, it notes that, in its 2022 report on Cyprus, the European Commission against Racism and Intolerance (ECRI) also observed that “the general government policy for the promotion of social inclusion of Roma is not specific to Roma” and that “there is neither an action plan linked to the Strategic Framework, nor a separate budget earmarked for financing policy measures specifically targeting Roma”. Likewise, in its 2022 country report on non-discrimination, the European network of legal experts in gender equality and non-discrimination of the European Commission pointed out that “the general approach of the Government policy is to promote Roma integration through horizontal measures targeting vulnerable groups in general” and doubted “whether any of these measures have any actual impact on the Roma, who continue to live in extreme poverty and exclusion”. The Committee asks the Government to: (i) provide detailed information on the specific measures taken or envisaged, in application of the Cyprus National Roma Strategic Framework 2021–30, in order to enhance equal the access of Roma people to education, training and employment, as well as to ensure that acts of discrimination against Roma people are effectively prevented and addressed, and provide information on the impact of such measures; and (ii) provide statistical data, disaggregated by sex, on the labour market situation of Roma people.

Articles 2 and 3. Equality of opportunity and treatment between women and men. Reconciliation of work and family responsibilities. The Committee notes with interest the adoption of Law No. 216(I)/2022 of 16 December 2022 on Leaves (Paternity, Parental, Carer, Force Majeure) and Flexible Working Arrangements for Work-life Balance, which transposes into Cypriot law the European Union (EU) Directive 2019/1158 of 20 June 2019 on Work-Life Balance for Parents and Carers. The law provides, among others, that: (1) paternity leave of two consecutive weeks is now granted to all working fathers, regardless of their marital status with the mother; (2) starting from 2 August 2024, each working parent will be entitled to receive an allowance during the first eight weeks of his/her parental leave, provided that the parent has completed 12 months of work during the last 24 months; and (3) individuals providing personal care and support to relatives or household members are now entitled to carer’s leave for five working days per year, without pay. The Committee further notes the Government’s statement that it promotes affordable, accessible and quality childcare services, mainly through: (1) the creation, within the framework of the national Recovery and Resilience Plan 2021-2026, of 27 multifunctional centres for children and childcare centres; and (2) the granting of state aid to NGOs and local authorities developing programmes covering childcare needs. While welcoming these developments, the Committee observes from a report entitled “Gender Inequalities in Care and Consequences for the Labour Market”, issued in 2021 by the European Institute for Gender Equality (EIGE), that the gender gap in unpaid care work (including childcare, long-term care and housework) remains one of the highest in the European Union, as employed women spend on average 4.8 hours per day on unpaid care work, while men spend on average 2.5 hours per day. Furthermore, according to the statistical information provided by the Government, although the number of approved applications for the paternity allowance has increased in recent years (2,740 applications in 2021 compared to 1,912 applications in 2017), it remains significantly lower than the number of approved applications for maternity allowance (7,125 in 2021). The Committee asks the Government to provide information on: (i) the application of Law No. 216(I)/2022 of 16 December 2022 in practice, including information of the impact of this law on the reconciliation between work and family life, as well as the prevention and elimination of discrimination against mothers and female carers; (ii) the measures taken to improve childcare services and facilities, with a view to enabling both women and men to reconcile work and family life; and (iii) the awareness-raising activities taken or envisaged, including among workers, employers, and their respective organisations, to address stereotypical assumptions that the main responsibility for care work lies with women. Please communicate up-to-date statistical data, disaggregated by sex, on the number of workers with family responsibilities who have taken maternity or paternity leave, as well as parental leave.

Enforcement. The Committee notes from the statistical information provided by the Government that, between 2018 and 2022, the Ombudsman received 77 complaints related to discrimination in employment and occupation, out of which 50 were based on sex, nine on race and ethnical origin, six on religion and beliefs, six on disability, five on age, and one on language. It also takes note of the various initiatives undertaken by the Ombudsman’s Office to raise awareness of the issue of discrimination, mainly through annual reports, information campaigns, meetings with complainants belonging to vulnerable groups and their representatives, as well as own-initiative investigations of cases of discrimination and human rights violations. However, the Committee observes that, in its above-mentioned report on Cyprus, the ECRI pointed out that the Ombudsman has no right to initiate and participate in court proceedings, and recommended that the institution “be granted the right to initiate and participate ex officio in court proceedings in line with paragraph 14c of ECRI’s General Policy Recommendation No. 2 on equality bodies to combat racism and intolerance at national level”. More generally, the Committee observes that, according to the 2022 country report on non-discrimination, issued by the European network of legal experts in gender equality and non-discrimination of the European Commission, the Ombudsman’s activities as an Equality Body have been minimised since 2017 and “discrimination complaints are often treated as administrative law matters without addressing the issue of discrimination”. The same report also states that “there is no labour inspectorate to monitor the working conditions of employees in order to identify discrimination on grounds other than gender” and that discrimination cases very rarely make it to the courts, due to “low level of awareness of the anti-discrimination laws among victims and in legal circles; the high cost of litigation and limited access to legal aid; and significant court delays, which render access to justice prohibitive for victims in need of a quick and effective remedy”. The Committee therefore asks the Government to provide information on: (i) the number of cases of discrimination in employment and occupation dealt with by the Ombudsman’s Office, specifying the alleged ground of discrimination (please communicate copies of the decisions issued by the Ombudsman as an Equality Body); (ii) the measures taken or envisaged, to grant the Ombudsman the right to initiate and participate in court proceedings; (iii) the role and competencies of the labour inspectorate in detecting cases of discrimination in employment and occupation based on all grounds covered by the Convention; (iv) the concrete measures taken to inform and raise awareness of the principles of non-discrimination and equality in employment and occupation, particularly among employers, workers and their respective organisations, and the general public; and (v) any capacity-building and training activities provided to workers and employers, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee notes from the Government’s report the various initiatives undertaken since 2020 to enhance women’s economic empowerment and access to decision-making positions, such as: (1) the development by the Ministry of Energy, Trade and Industry of a 2022 “Scheme for the Enhancement of Women’s Entrepreneurship”; and (2) the organization, within the framework of the National Mechanism for Women’s Rights Council (NMWR), of a series of training seminars to strengthen the participation of women in politics. It also notes the measures mentioned by the Government to address gender stereotypes in education, as well as vertical and horizontal gender segregation in employment and occupation, mainly through: (1) the development by the Ministry of Education, Sport and Youth of an Action Plan, revised every three years, promoting gender equality; and (2) the operation, within the framework of the Human Resource Development Authority of Cyprus (HRDA), of several specific schemes providing the employees and the unemployed, including women, with the opportunity of acquiring new skills. The Committee observes, however, that the HRDA schemes mentioned by the Government do not target specifically women. It also observes from the statistical data provided by the Government that, while the proportion of women participating in HRDA training activities remained relatively stable from 2018 to 2021 (43.3 per cent in 2021), it was still significantly lower than that of men (56.7 per cent in 2021). More generally, the Committee notes that, according to Eurostat data for 2022, the employment rate of women (72.1 per cent) was still substantially lower than that of men (84.2 per cent), with Cyprus being one of the nine Member States of the European Union (EU) with a greater gender employment gap than the employment gap for the EU as a whole. It further observes from the data available on the Statistical Service of Cyprus (CYSTAT) website that, in 2022, women were still under-represented in senior and decision-making positions (3,946 women were employed as legislators and managers compared to 13,153 men), and remained mainly concentrated in specific sectors, such as education (23,095 women compared to 7,293 men), and human health and social work activities (18,202 women compared to 6,757 men). In light of the persistent employment gap between men and women and gender segregation of the labour market, the Committee asks the Government to assess the measures taken and implemented with a view to tackling more effectively the gender employment gap and occupational segregation. It also asks the Government to continue providing information on: (i) the specific measures taken to enhance women’s economic empowerment and access to decision-making positions, including through the 2022 Scheme for the Enhancement of Women’s Entrepreneurship developed by the Ministry of Energy, Trade and Industry, and the impact of such measures; (ii) the concrete initiatives undertaken to address gender stereotypes in education, including through the Action Plans on gender equality developed by the Ministry of Education, Sport and Youth, and the impact of such initiatives; (iii) the specific measures taken or envisaged to effectively tackle vertical and horizontal occupational gender segregation, by promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iv) statistical data on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the fact that the ground of “social origin” is not included as a ground of discrimination in the equality legislation. The Committee notes the Government’s reiterated statement, in its report, that protection against discrimination on the ground of social origin is already guaranteed by articles 28(2) and 169 of the Constitution which provide respectively for the right of any person not to be discriminated against both directly and indirectly on certain grounds (“… social class or on any ground whatsoever”), and that international agreements prevail upon national legislation. The Committee recalls that constitutional clauses which expressly provide that international agreements and treaties prevail over national law, while important, do not exempt States from adopting national legislation to implement the principles laid down in the Convention. Furthermore the Committee, once again, draws the Government’s attention to the fact that constitutional provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee wishes to recall that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 850–853). The Committee therefore asks the Government, once again, to take the necessary steps to ensure that the legislation includes an explicit prohibition of direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in particular social origin. It asks the Government to provide information on any progress made in that regard. In the meantime, the Committee asks the Government to provide information on the steps taken to ensure protection against direct and indirect discrimination in employment and occupation on the ground of social origin, in practice, and to provide a copy of any relevant administrative or judicial decision in that respect.

Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to provide information on the practical measures taken to prevent and eliminate sexual harassment in the workplace, in particular against domestic workers, and on any steps taken or envisaged to ensure effective protection of workers seeking judicial and administrative remedies. The Committee notes the Government’s indication that several conferences and training events aimed at combating sexual harassment in the public sector were organized by the Ombudsperson who in July 2018 published a Code of Practice for the prevention and handling of sexual harassment and harassment throughout the public sector. The Government adds that the Gender Equality Committee in Employment and Vocational Training has focused its action on informing employers and employees on preventing and dealing with sexual harassment at the workplace, and implemented several practical measures to that end. The Committee notes, however, that, according to the statistical information provided by the Government, the number of complaints concerning sexual harassment decreased, with only 20 complaints received between 2014 and the end of 2017, mainly from domestic workers, most of which lacked supporting evidence. The Committee recalls that the low level or absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to, or the inadequacy of, complaints mechanisms and means of redress, or fear of reprisals (see General Survey, 2012, paragraph 790). The Committee further notes that, in its 2018 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the prevalence of sexual harassment in the workplace and the lack of effective measures to deal with such harassment and to inform women of their rights, and recommended that the Government develop a safe system for filing complaints relating to sexual harassment in the workplace and to ensure that victims have access to effective mechanisms and remedies (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 36(f) and 37(g)). Recalling the gravity and seriousness of sexual harassment, the Committee asks the Government to provide information on: (i) any steps taken to prevent and address sexual harassment in the workplace, both in the public and private sectors, and increase public awareness regarding sexual harassment, as well as any procedures and mechanisms available for victims to seek redress; and (ii) the number of complaints concerning cases of sexual harassment, in particular from domestic workers, dealt with by the labour inspectorate, the Ombudsperson and the courts, specifying the penalties imposed and compensation awarded.

Sexual orientation. Recalling that section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(1)/2004 prohibits direct and indirect discrimination in employment on the ground of sexual orientation, the Committee notes that, according to the European Commission against Racism and Intolerance’s (ECRI) report published on 7 June 2016, discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in the field of employment remains a widespread problem (CRI(2016)18, paragraph 115). The Committee asks the Government to provide information on the application of section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(1)/2004 in practice and, in particular, on any measures adopted or envisaged to combat stereotypes and prejudices with a view to eliminating discrimination on the basis of sexual orientation, and their impact on the integration of LGBT workers in the labour market. It also asks the Government to provide information on the number and nature of complaints regarding cases of discrimination on the ground of sexual orientation in employment and occupation dealt with by the labour inspectors, the Ombudsperson or the courts, specifying the penalties imposed and compensation awarded.

Article 1(2). Inherent job requirements. The Committee previously noted that the schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training excludes certain occupations from its provisions on access to employment, vocational training and self employment, such as artistic activities, personal services or prison wardens, but that the law provides for a re-examination of this list of exclusions at least every five years to determine whether, in the light of social developments, they remain justified. The Committee has been repeatedly requesting information regarding the review by the Labour Advisory Board of this list. The Committee notes the Government’s statement that, following its denunciation of the Underground Work (Women) Convention, 1935 (No. 45), on 11 July 2017, paragraph 7 of the schedule, providing for the exclusion of “the employment of women in underground mining operations” from the scope of application of the law, will be deleted. While welcoming this information, the Committee notes that no information is provided on any review of the other occupations specified in the schedule to section 4(2). It again recalls that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible, that careful examination of each individual case is required and that distinctions must be determined on an objective basis and take account of individual capacities (see General Survey, 2012, paragraphs 827–831). The Committee therefore asks the Government to provide information on any review planned or undertaken by the Labour Advisory Board of the schedule to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, as well as on the outcome of any such review. It asks the Government to provide information on the number, nature and outcome of any cases regarding the application of these exclusions dealt with by courts or any other competent authority.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma. Referring to its previous comments on the activities undertaken to improve knowledge and awareness among ethnic and national minorities, including the Roma people, about the anti-discrimination and equality legislation, as well as existing mechanisms and procedures for complaints, the Committee notes with regret the lack of information provided by the Government on any activity undertaken in this regard. However, it notes that several UN and European bodies have recently expressed concern about: (i) persistent stigmatization and discrimination against members of the Roma community in access to education, training, and employment; (ii) low school enrolment and attendance and high dropout rates; and (iii) persistent barriers, in particular language barriers, faced by the Roma people when claiming their rights, as they have little or no information on legal aid and access to justice, (A/HRC/WG.6/32/CYP/3, 7 November 2018, the ECRI and Council of Europe Commissioner for Human Rights’ observations, paragraph 55; CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 16(b), 34(d), and 36(e); CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 18; and E/C.12/CYP/CO/6, 28 October 2016, paragraph 13). It further notes that, in April 2019, the Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government develop a comprehensive strategy for the inclusion of members of the Roma community to ensure that they have access to education and employment without discrimination and stigmatization (A/HRC/41/15, 5 April 2019, paragraph 139). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and addressed, and provide information on the impact of any actions taken to enhance equal access to Roma people to education, training and employment, including through the development and adoption of a comprehensive strategy for the inclusion of members of the Roma community. It asks the Government to provide information on the activities undertaken to that end, including in collaboration with employers’ and workers’ organizations, as well as statistical data, disaggregated by sex, on the labour market situation of Roma people.

Migrant workers and national minorities. The Committee previously noted that information leaflets on the equal treatment legislation were made available in all district and regional labour offices and that equality inspectors were available at these locations to provide advice on equality issues, but feared that such measures were not, by themselves, sufficient to ensure protection against discrimination based on race, colour or national extraction, in particular against non-European Union workers, Turkish Cypriots and members of national minorities. In that regard, the Committee noted that the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities (CoE-ACFC) found that the continued fixation on classifying citizens into either Greek Cypriots or Turkish Cypriots in all spheres of life, even when not strictly called for by the Constitution, contradicted the existing diversity in Cypriot society and, moreover, appeared to create practical difficulties. It feared that the continued division of society along ethnic lines may encourage ethno centric sentiments that are not conducive to the formation of a cohesive society (A/HRC/WG.6/32/CYP/3, paragraph 12). The Committee notes that several UN and European bodies have recently expressed concern about: (i) persistent discrimination in access to education and training and employment and promotional opportunities against non-European Union migrants who continue to experience labour exploitation, especially those working in the farming and agricultural sector; (ii) increasing discriminatory attitudes and racial stereotypes relating to persons of foreign origin; (iii) persisting barriers, in particular language barriers faced by migrants when claiming their rights, who have little or no information as regards legal aid and access to justice; and (iv) the low number of complaints and prosecutions, as well as convictions despite the prevalence of trafficking in migrant workers for the purposes of sexual and labour exploitation and the high number of identified trafficking victims (A/HRC/WG.6/32/CYP/3, 7 November 2018, paragraph 18; CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 16; CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 16; and E/C.12/CYP/CO/6, 28 October 2016, paragraph 33). It notes that, in April 2019, the Human Rights Council, in the context of the Universal Periodic Review (UPR), also recommended that the Government intensify its efforts to prevent and combat trafficking in migrant workers, particularly women. The Committee asks the Government to strengthen its efforts to prevent and address stereotypes and discrimination based on race, colour or national extraction, and effectively ensure equality of opportunity and treatment in employment and occupation for migrant workers, in particular non-European Union migrant workers, and members of national minorities, such as Turkish Cypriots, by enhancing their access to a wide range of occupations in the labour market and their participation in education and vocational training. It asks the Government to provide information on the specific steps taken to that end as well as the results achieved, including by providing a copy of any reports evaluating their impact. The Committee also asks the Government to provide information on any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular non-European Union migrant workers and national minorities, as well as on the number and nature of cases or complaints of discrimination on the grounds of race, colour or national extraction dealt with by the labour inspectors, the Ombudsperson, the courts or any other competent authority, the penalties imposed and the remedies granted.

Migrant domestic workers. The Committee notes the Government’s statement that more than 80 per cent of the complaints from non-European Union workers examined by the Department of Labour in 2015, concerned domestic migrant workers. It also notes that, according to the information available from the Civil Registry and Migration Department website: (i) no more than two changes of employer are allowed during the first six-year period of employment in the case of a domestic worker and a change of employer is not permitted after six years of employment; and (ii) the minimum salary set for foreign domestic workers is almost three times lower than the statutory minimum wage. The Committee further notes that, in their 2018 and 2017 concluding observations respectively, the CEDAW and the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about: (i) the persistent exploitation faced by migrant domestic workers and the difficulties they encounter in changing employers; (ii) the obstacles impeding access to justice for women migrant domestic workers, including the fear of detention and deportation while legal proceedings are pending; as well as (iii) the lack of regular labour inspections to monitor the working conditions and employment contracts of women migrant domestic workers. They recommended that the Government take concrete steps to strengthen the capacity of labour inspectors and the police to improve oversight of the working conditions of domestic workers and protect them against labour exploitation and to end the restrictions imposed on domestic workers wishing to change employers (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 38 and 39(c); and CERD/C/CYP/CO/23-24, 2 June 2017, paragraphs 22 and 23). In that regard, the Committee notes that, in its report made in the context of the UPR, the Government referred to the adoption of a New National Action Plan for Gender Equality (2018–21) which defines as a key objective “Empowering the Vulnerable Groups of Women”, including migrant women, and indicated that the ratification of the ILO Domestic Workers Convention, 2011 (No. 189), was under consideration (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraphs 5, 8 and 11). The Committee asks the Government to effectively ensure equality of opportunity and treatment in employment and occupation for migrant domestic workers, in particular concerning their terms and conditions of employment, by enhancing their access to a wide range of occupations in the labour market, including by removing the restrictions imposed on domestic workers wishing to change employers, as well as their participation in education and vocational training. It asks the Government to provide information on the specific steps taken or envisaged to ensure that migrant domestic workers can enjoy full equality of opportunity and treatment and access to all types of employment on the same footing as other workers without discrimination. The Committee also asks the Government to provide information on access for domestic workers to remedies, as well as on the number, nature and outcome of complaints concerning discrimination in employment made by domestic workers.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation

Articles 2 and 3. Equality of opportunity and treatment between women and men. Reconciliation of work and family responsibilities. The Committee takes note of the Protection of Maternity (Amendment) Laws of 2017 and 2018 which extended the protection afforded to pregnant women by, respectively, providing surrogate mothers with 14 weeks of maternity leave and extending the prohibition of dismissal of the mother from three to five months after the end of her maternity leave. It further notes with interest the adoption of the Paternity Leave Law No. 117(I) of 2017, and more particularly its section 3(1), entitling working fathers to two consecutive weeks of paid leave. The Government adds that, in 2016, the Ombudsperson launched a campaign regarding the rights of pregnant women and new mothers. While welcoming this information, the Committee notes that, as highlighted by the European Commission, the gender gap in unpaid working time is still one of the highest in the European Union (EU), being estimated over 15 hours per week (European Commission, 2019 Report on equality between men and women in the EU, page 11). It further notes that, in its 2018 concluding observations, the CEDAW expressed concern with regard to: (i) the deep-rooted discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society; (ii) the persistent discrimination in the labour market against mothers and pregnant women in relation to hiring, career advancement, conditions of employment, pay and denial of paid maternity leave, particularly in the private sector; and (iii) the periods of parental leave taken by men, which remain insignificant despite the new legislation on paternity leave (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 24 and 36). The Committee asks the Government to continue to provide information on the measures taken to improve the reconciliation between work and family responsibilities, both in the public and private sectors, as well as to prevent and address any discrimination against mothers and pregnant women, and on the impact thereof. It also asks the Government to provide information on awareness-raising activities undertaken, including among workers, employers, and their respective organizations, to address stereotyped assumptions that the main responsibility for family care lies with women. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who have taken maternity or paternity leave, as well as parental leave.

Enforcement. Referring to its previous comments concerning the reasons for the relatively low admissibility rate of the complaints submitted to the Equality Body, the Committee notes the Government’s statement that it can be explained by the lack of awareness about the Ombudsperson’s competence as an Equality Body as well as by the fear of retaliation. The Government adds that from March 2011 to August 2016, 44 per cent of the complaints received by the Ombudsperson related to gender discrimination against women, including sexual harassment, discrimination based on family status and pregnancy and maternity. In 65 per cent of cases, after the investigation was completed, the Ombudsperson decided to terminate the investigation. The Committee however notes that, in its conclusions published on 6 June 2019, the ECRI expressed concern about the fact that the Ombudsperson did not carry out any activities aimed at supporting vulnerable groups or any communication activities, and did not issue any publications or reports, including annual reports, or recommendations on discrimination issues since 2016 (CRI(2019)23, page 5). The Committee asks the Government to provide information on the number of cases of discrimination dealt with by the labour inspectorate, the Equality Body, the courts or any other competent authorities, specifying the alleged ground of discrimination, as well as on the sanctions imposed and remedies granted. It also asks the Government to provide specific information on: (i) the concrete measures taken to inform and raise awareness of the principles of non discrimination and equality in employment and occupation, particularly among employers, workers and their respective organizations, and the general public; and (ii) any capacity-building and training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee previously noted the persistent horizontal and vertical gender segregation in employment, in particular in the private sector – despite the various measures implemented. The Committee notes the Government’s statement, from the report submitted in the context of the Universal Periodic Review (UPR), that it will prioritize the protection and promotion of women’s rights and gender equality via the implementation of the New National Action Plan for Gender Equality 2018–2021 which focuses primarily on protecting and empowering vulnerable groups of women (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraphs 5 and 11). Concerning the measures implemented to address occupational gender segregation, the Committee notes, from the statistical information provided by the Government, that the proportion of women participating in Human Resources Development Authority (HRDA) Programmes remained stable from 2014 to 2017, reaching 41.2 per cent in 2017 (compared to 58.8 per cent of men). It observes however that the HRDA training specifically aiming at the improvement of the employability of inactive women was discontinued in 2016 while the unemployment rate of women remains higher than that of men (9.9 per cent for women compared to 7.7 per cent for men in 2019). The Committee also notes that, according to the Labour Force Survey (LFS) of the Statistical Service of Cyprus (CYSTAT), for the first quarter of 2019, the employment rate of women was still substantially lower than that of men (52.2 per cent for women compared to 63.4 per cent for men), with women being under-represented in senior and decision-making positions (women represented only 16.9 per cent of managers in 2018) and still mainly concentrated in specific sectors, such as education (74.4 per cent of women) and human health and social work activities (71.6 per cent of women). The Committee further notes that, in their concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about: (i) the concentration of girls in traditionally female-dominated fields of study and career paths and their under-representation in vocational training and in certain fields of higher education, including technology and engineering; (ii) the high number of girls who suffer from discrimination and sexual harassment in schools; (iii) the large gender disparity in the labour market and more particularly the disproportionately high unemployment rate among women, including young and highly educated women and the low number of female entrepreneurs compared with their male counterparts; (iv) the continuing horizontal and vertical occupational sex segregation; (v) the under-representation of women in decision-making positions both in the public and private sectors, and the concentration of women in part-time and low-paid jobs; as well as (vi) the large and persistent gender pay gap, particularly in the private sector (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 24, 34–37 and 42; and E/C.12/CYP/CO/6, 28 October 2016, paragraphs 17–19). The Committee notes that, in April 2019, the Human Rights Council, in the context of the UPR, also expressly recommended that there was a need to: (i) increase the level of participation of women in the labour market and enable a balanced representation of men and women at all levels, including at senior and decision-making levels; and (ii) combat gender discrimination in employment (A/HRC/41/15, 5 April 2019, paragraph 139). In light of the persistent occupational gender segregation of the labour market, the Committee asks the Government to take the necessary steps, including in collaboration with employers’ and workers’ organizations, to raise awareness of the principle of equal opportunity and treatment for men and women in employment and occupation and the relevant legislative provisions, assess the measures taken and implemented and, if necessary, take corrective measures. It asks the Government to provide information on any proactive measures implemented, including in the framework of the National Action Plan for Gender Equality for 2018–2021: (i) to effectively enhance women’s economic empowerment and access to decision-making positions; and (ii) to address vertical and horizontal occupational gender segregation and gender stereotypes by encouraging girls and women to choose non-traditional fields of study and professions and promoting women’s access to a wider range of jobs with career prospects and higher pay. The Committee asks the Government to provide updated statistical information on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Social origin. For a number of years, the Committee has been noting that the ground of social origin is not included as a ground of discrimination in the equality legislation. The Committee notes the Government’s reiteration that protection against discrimination on grounds of social origin is guaranteed by section 28(2) of the Constitution. The Government further adds that instances of discrimination on the basis of social origin have never been reported, but that if a case was brought forward it would be dealt with accordingly by the competent court of law. The Committee recalls, however, that such general constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee also recalls that the absence of complaints is not an indicator of the absence of discrimination in practice, but is likely to indicate the lack of an appropriate legal framework, the lack of awareness of rights and the lack of confidence in, or absence of, practical access to procedures (see General Survey on the fundamental Conventions, 2012, paragraphs 850 and 870). The Committee requests the Government to take steps to include in its equality legislation provisions specifically prohibiting discrimination in employment and occupation on the grounds of social origin, and requests the Government to provide information on any practical measures taken or envisaged to prevent and address discrimination on the basis of social origin.

Sexual harassment. The Committee previously requested the Government to provide information on the practical measures taken to prevent and eliminate sexual harassment in the workplace, in particular against domestic workers, and on any measures taken or envisaged to ensure effective protection of workers seeking judicial and administrative remedies. In response, the Government indicates that there are a number of informative leaflets available on the Ministry of Labour’s website in both English and Greek and that the District Labour Offices of each city have equality inspectors who can guide and inform complainants of their rights. However, the Government report did not include information on the actions taken by the Gender Equality Committee to promote awareness of sexual harassment. Further, the Committee notes that between 2010 and 2013, the Department of Labour’s Equality Inspectors received a total of 64 complaints concerning sexual harassment, but that the majority of these cases lacked evidence and could therefore not be pursued. In addition, in its concluding observations of 2013, the Committee on the Elimination of All Forms of Racial Discrimination (CERD) noted with concern that domestic workers remain vulnerable to abuse and exploitation primarily due to the practice of linking work and residence permits to one employer and the exemption of their workplaces from the oversight of the inspectorate mechanism (CERD/C/CYP/CO/17-22, paragraph 21). The Committee requests the Government to provide information on any measures taken or envisaged to address cases of sexual harassment at work, including against domestic workers, as these workers are particularly vulnerable to such harassment, and to take measures to ensure the effective protection of workers seeking judicial or administrative remedies. The Committee requests the Government to provide detailed information on the manner in which sexual harassment cases are dealt with, as well as the sanctions imposed and remedies provided. Please also continue to provide information on the number and outcome of sexual harassment cases dealt with by Department of Labour equality inspectors, or the courts, as well as on the practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Promotion of gender equality in the labour market. The Committee notes the Government’s information concerning the impact of Human Resources Development Authority (HRDA) programmes: 61 per cent of participants in the training programmes were women and 44.2 per cent of women participants found employment after participating in the HRDA training programmes. However, the Committee notes, from the European Commission’s publication “The current situation of gender equality in Cyprus – Country Profile” (2013), that the vertical and horizontal gender segregation in employment in the country remains important. Indeed, women remain under-represented in managerial roles (in 2012, women represented only 8 per cent of corporate boards and 14 per cent of the management positions in large companies and small and medium-sized enterprises) and are concentrated in the wholesale, household work and education sectors. The Committee requests the Government to continue providing information on the results of assessments of the programmes carried out by the HRDA. Please provide information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and to posts of responsibility, including through affirmative action measures. Please also provide comprehensive and up-to-date statistical information, disaggregated by sex, on the labour market participation of men and women (by occupational sector and level of earnings) in the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that informative leaflets explaining the equal treatment legislation are made available in all District and Regional Labour Offices and that equality inspectors are available at these locations to provide advice on equality issues. The Committee fears these measures are not, by themselves, sufficient to ensure protection against discrimination based on race, colour or national extraction. Indeed, in its concluding observations, the CERD noted that “acts of racial discrimination are underreported” and regretted the lack of information and statistics on cases related to racial discrimination (CERD/C/CYP/CO/17-22, paragraph 11). The CERD further noted with concern that the Roma community continues to experience discrimination in access to education, employment and living conditions, and that measures to improve the situation of the Roma have not been as effective as expected (paragraph 16). The Committee asks the Government to undertake activities to improve knowledge and awareness among ethnic and national minorities, including the Roma people, about the anti-discrimination and equality legislation, specifically with regard to equality irrespective of race, colour or national extraction, as well as existing mechanisms and procedures for complaints; please provide information in this regard. The Committee also encourages the Government to undertake studies or research to analyse the situation of the different groups in the labour market, in particular third-country nationals, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks, with a view to eliminating any discrimination against them on the grounds of race, national extraction and colour.

Inherent job requirements. The Committee recalls that the schedule to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training of 2002 excludes certain occupations from its provisions on access to employment, vocational training and self-employment, such as artistic activities, personal services or prison wardens. The Committee further recalls that the Law provides for a re-examination of this list of exclusions at least every five years to determine whether, in the light of social developments, they remain justified. The Committee notes, however, that despite its numerous requests, the Government has not provided any information regarding the review by the Labour Advisory Board of this list. In this regard, the Committee recalls that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible and that careful examination of each individual case is required. Even distinctions for jobs in the performing arts or those involving physical intimacy must be determined on an objective basis and take account of individual capacities (see General Survey on the fundamental Conventions, 2012, paragraphs 827–831). The Government is therefore requested to provide information on the outcome of the review by the Labour Advisory Board of the schedule to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, and in particular, paragraph 4 of the schedule. Please provide information on the occupations which are now excluded from the general prohibition of discrimination and the reasons for their exclusion. Noting that no cases have been submitted to the national courts regarding the application of these exclusions, the Committee requests the Government to include information on the facts and outcomes of any related case recently dealt with by the competent authorities.

Judicial and administrative decisions. The Committee recalls that from June 2009 to May 2011, only 14 out of 103 gender-related complaints submitted to the Equality Authority were found to be admissible and that no explanation was provided for the relatively low rate of admissibility. It also notes that the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law (No. 70(I)/2011) provides for the reversal of the burden of proof in cases that appear before the Ombudsman once a prima facie case is established. The Committee once again requests the Government to indicate the reasons for the relatively low admissibility rate of the complaints submitted to the Equality Authority. Referring to its previous comments, the Committee again requests the Government to provide information on the practical application of the various laws and regulations on equality, including the number of complaints and details of judicial and administrative decisions since 2011. Please also provide a copy of the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law No. 150(I)/2014 to which the Government referred, but which was not attached to its report.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Social origin. Recalling that the ground of social origin is not included as a prohibited ground of discrimination in the equality legislation, the Committee notes that the Government reiterates that protection against discrimination based on social origin is guaranteed in the Constitution, and that incidences of discrimination on the basis of social origin have never been reported in Cyprus. The Committee recalls that section 28(2) of the Constitution provides that “every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any other ground whatsoever, unless there is express provision to the contrary in this Constitution”. The Committee recalls, however, that such general constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation. The Committee also recalls that the absence of complaints is not an indicator of the absence of discrimination in practice but is likely to indicate the lack of an appropriate legal framework, the lack of awareness of rights, and the lack of confidence in or absence of practical access to procedures (see General Survey on fundamental Conventions, 2012, paragraphs 850 and 870). The Committee asks the Government to take steps to include, in its equality legislation, provisions specifically prohibiting discrimination in employment and occupation on the ground of social origin, and requests the Government to provide information on any practical measures taken or envisaged to prevent and address discrimination on the basis of social origin.

Article 1(1)(b). Additional grounds of discrimination. Persons with disabilities. The Committee notes with interest the adoption of the Law on the Employment of Persons with Disabilities in the Wider Public Service (Law No. 146(I)/2009), which reserves 10 per cent of the vacant posts in the public service for persons with disabilities. It also notes the establishment in 2009 of the Department for Social Inclusion of Persons with Disabilities, which is responsible for designing and implementing the policy relating to vocational training and employment of persons with disabilities, and its vocational rehabilitation schemes. The Committee asks the Government to provide information on the practical application of the Law on the Employment of Persons with Disabilities in the Wider Public Service (Law No. 146(I)/2009), including statistical information. It also asks the Government to provide detailed information on the function and mandate of the Department for Social Inclusion of Persons with Disabilities.

Sexual harassment. The Committee notes the Government’s indication that from July 2008 until the end of 2010, 102 complaints concerning sexual harassment were submitted to the Department of Labour’s equality inspectors, and 16 cases of sexual harassment in the workplace were submitted to the Equality Authority from June 2009 to July 2011. The Government indicates that 100 out of 102 complaints submitted to the Department of Labour’s equality inspectors were filed by female third-country nationals working as domestic workers, as part of the complaints process to enable them to change employers. The Government also indicates that only two of the 100 complaints were found to be admissible, and the majority of them were considered inadmissible, withdrawn or the complainant did not appear for the proceedings. The Committee asks the Government to provide information on any measures taken or envisaged to address specifically sexual harassment against domestic workers, as these workers are particularly vulnerable to such harassment, and to ensure effective protection of workers seeking judicial or administrative remedies. It also asks the Government to continue to provide information on the number and outcomes of sexual harassment cases dealt with by the Department of Labour’s equality inspectors, or the courts, as well as on practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Promotion of gender equality in the labour market. The Committee welcomes the increased protection against dismissal on the grounds of pregnancy and childbirth until three months after the end of maternity leave, provided under section 4(1)(a) of the Protection of Maternity Law as amended by Law No. 70(I)/2011. With regard to vocational training, the Committee notes the Government’s indication that the women’s participation rate in initial training programmes offered by the Human Resources Development Authority (HRDA) has significantly increased during the last five years (52.7 per cent in 2011). It also notes the Government’s indication that the comprehensive system evaluating the impact of the programme of the HRDA has been set up, and that five evaluation studies conducted by independent consultants include data on women’s participation rate in the human resources schemes, the system and the action plan, including the scheme for economically inactive women. It further notes the information on the implementation of the Flexible Forms of Employment Project and on the number of women that have benefited from the schemes, and that a new subsidy scheme was developed aimed at promoting flexible forms of employment among groups with low employment participation including long-term unemployed and inactive women, as well as the results thereof since June 2010. The Government indicates that results of the survey according to which 49.3 per cent of participants in one programme were found to be employed, show that the programme of the HRDA achieved its objective to minimize the impact of the economic crisis. The Committee notes, however, that the participation rate of women (67.4 per cent for the group of 15–64 years of age in 2010) in the labour market, continues to be lower than that of men (81.7 per cent for the age group of 15–64 in 2010), and that according to the statistical information provided by the Government on the number of men and women in employment by economic activity and sex for 2008–09, women remain concentrated in a limited range of occupational groups. The Committee therefore asks the Government to provide the following:

(i) information on the measures taken or envisaged to assess the effectiveness and impact of women’s participation in the training programmes offered by the HRDA in promoting the actual labour market participation of women;

(ii) information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and to posts of responsibility, including through affirmative action measures; and

(iii) comprehensive and up-to-date statistical information on the position of men and women in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that no complaints relating to race and ethnic origin have been submitted to the Ministry of Labour and Social Insurance. It also notes the Government’s indication that in order to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, the Equality Authority has organized exhibitions on the subject of discrimination or diversity. The Committee once again asks the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that are disadvantaged in the labour market. It also asks the Government to indicate any studies or research conducted to analyse the situation of the different groups in the labour market, in particular third-country nationals, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks, with a view to eliminating any discrimination against them on the grounds of race, national extraction and colour. Please also provide information on the activities to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, specifically with regard to equality irrespective of race, colour or national extraction, as well as existing mechanisms and procedures for complaints, and assistance to victims of discrimination.

Inherent job requirements. The Committee recalls its previous comments on the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, which excludes certain occupations from the Law’s provisions concerning access to employment, vocational training and self-employment. Noting that the Government’s report does not contain any information in this regard, the Committee once again asks the Government to provide information regarding the outcome of the review by the Labour Advisory Board of the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, and in particular, paragraph 4 of the schedule. Please also provide information on the practical application of section 4(2) of the Law, including information on the facts and outcomes of any related cases dealt with by the competent authorities.

Judicial and administrative decisions. The Committee notes the Government’s indication that from June 2009 to May 2011, 103 complaints were submitted to the Equality Authority in relation to gender, and 14 were found to be admissible. The Committee asks the Government to indicate the reasons for the relatively low rate of admissibility of the complaints submitted to the Equality Authority. The Committee also asks the Government to provide information on the practical application of Law No. 39(I) of 2009 (Amendment) regarding Equal Treatment between Men and Women in Employment and Vocational Training, Law No. 40(I) of 2009 (Amendment) concerning Equal Treatment of Men and Women with respect to Social Security Professional Schemes, Regulation No. 176/2009 concerning Independent Assistance to Victims of Discrimination, as well as section 5(3)(b) of the Laws of 2002 to 2009 on Equal Treatment in Employment and Occupation, and the Protection of Maternity Law as amended by Law No. 70(I)/2011, including the number and details of judicial and administrative decisions, as well as complaints dealt with by the labour inspectors and the Equality Authority. Please also provide a copy of the guide on “non-discrimination on the grounds of age in the field of employment and occupation” and the “manual on matters of sex discrimination in employment and vocational training”, which were not attached to the Government’s report.

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

Legislative developments. Equality between men and women. The Committee notes with interest that with a view to harmonizing its legislation with the Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), the Government has further improved its national legislative framework on equality between men and women. It notes in particular Law No. 39(I) of 2009 (Amendment) regarding Equal Treatment between Men and Women in Employment and Vocational Training, Law No. 40(I) of 2009 (Amendment) concerning Equal Treatment of Men and Women with respect to Social Security Professional Schemes, and Regulation No. 176/2009 concerning Independent Assistance to victims of Discrimination. The new legislation enhances the protection afforded to victims of discrimination, provides for out-of-court protection of victims of sex discrimination, independent aid for victims of discrimination by the Gender Equality Committee on Employment and Vocational Training and includes provisions regarding the shifting of the burden of proof to the respondent. The Committee asks the Government to provide information on the practical application of the legislative framework providing for equality of opportunity and treatment between men and women in employment and occupation, including judicial and administrative decisions, and complaints dealt with by the labour inspector services and the Equality Authority, as well as the conclusions reached.

Prohibited grounds of discrimination – Social origin. With respect to the prohibited ground of social origin, which is not covered by the equality legislation, the Committee notes the Government’s indication that protection against discrimination based on social origin is enshrined in the Constitution. The Government adds that the ground of social origin was not considered in the context of legislative developments because no complaints have been submitted to date to the competent authorities. Recalling that under the Convention, measures must be taken to address all the grounds listed in Article 1(1)(a), the Committee trusts that due consideration will be given to including in its equality legislation provisions specifically prohibiting discrimination on the ground of social origin, and requests the Government to provide information on any practical measures taken or envisaged to address any discrimination that may occur on the basis of social origin.

Sexual harassment. The Committee notes the Government’s confirmation that the equality legislation and code of practice cover both quid pro quo and hostile environment sexual harassment. It also notes the information on the sexual harassment claims handled by the Equality Authority, as well as its involvement in training activities in this area. The Ministry of Labour and Social Insurance has also undertaken particular action, including training of its labour inspectors, to combat sexual harassment. Please continue to provide information on the number and outcomes of sexual harassment cases dealt with by the competent authorities, as well as on practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Inherent job requirements. The Committee notes that no cases have been submitted regarding the practical application of section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, as amended, excluding certain occupations (listed in a schedule to the Law) from the Law’s provisions concerning access to employment, vocational training and self-employment. With respect to paragraph 4 of the schedule, the Committee notes the Government’s explanation that the restriction on the ground of sex for a profession relating to the provision of personal services to elderly and disabled persons can be objectively justified. The Committee also notes the Government’s assurance that the Ministry of Labour and Social Insurance will give serious consideration to the Committee’s comments on this matter and will hold discussions with the social partners, including on whether there is a need to amend the legislation. With respect to paragraph 7 of the schedule (prohibition of women in underground work) the Committee notes the Government’s indication that, while the Equality Authority has pointed out that this provision should be repealed, for the national legislation to be amended, Cyprus first has to denounce the Underground Work (Women) Convention, 1935 (No. 45). The Committee refers the Government in this regard to its direct request of 2005 on Convention No. 45. The Committee asks the Government to continue to provide information regarding the outcome of the review by the Labour Advisory Board of the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, and in particular paragraph 4 of the schedule. Please also continue to provide information on the practical application of section 4(2) of the Law, including information on the facts and outcomes of any related cases dealt with by the competent authorities.

Promotion of gender equality in the labour market. The Committee recalls the low participation rate of women (54.3 per cent in 2006) in the labour market as compared to men (73.4 per cent in 2006), their concentration in certain occupational groups, and their low participation rate in initial training programmes offered by the Human Resources Development Authority (HRDA). The Committee notes from the most recent figures on the women’s participation rate in training programmes that the participation rate of women in training programmes offered by the HRDA is increasing (34 per cent in 2008), but that men continue to represent the majority of the participants. The Committee also notes the information on the implementation of the Flexible Forms of Employment Project and on the number of women that have benefited from the schemes for the promotion of training and employability of economically inactive women and the unemployed during the period 2007–08. Similar schemes will be implemented during the programming period 2007–13. The Committee further notes that the HRDA is in the process of redesigning a comprehensive system aimed at evaluating its impact in the economy. The Committee asks the Government to provide the following:

(i)    information on the progress made in the design of the new evaluation system of HRDA and on the manner in which it will assess the effectiveness and impact of training programmes offered in promoting equal opportunities between men and women in employment and occupation;

(ii)   information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and posts of responsibility, including through affirmative action measures; and

(iii)  comprehensive and up-to-date statistical information on the position of men and women in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s statement that statistical information regarding ethnic groups in employment cannot be provided, since existing statistics only cover employment of Cypriots, EU nationals and others. The Committee further notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) experiencing concern at “the persisting de facto discrimination against third country migrants, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks” (E/C.12/CYP/CO/5, 12 June 2009, paragraph 10). The Committee also notes that between 1 August 2007 and 31 July 2009, the Equality Authority addressed a few cases related to discrimination based on the ground of language, nationality or ethnic origin (18 out of 151), and that no cases relating to discrimination based on race, national extraction or colour have been submitted to the Supreme Court. The Committee asks the Government to take more proactive measures to analyse the situation of the different groups in the labour market, in particular third-country migrants, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks, with a view to eliminating any discrimination against them on the grounds of race, national extraction and colour. It also requests the Government to provide information on any action taken, in cooperation with the social partners and the Equality Authority, to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, existing mechanisms and procedures for complaints, and assistance to victims of discrimination. The Committee reiterates its requests to the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that are disadvantaged in the labour market.

Judicial and administrative decisions. Please continue to provide information on any cases involving discrimination in employment and occupation dealt with by the courts or the labour inspectorate, including cases applying section 5(3)(b) of the Laws of 2002 to 2009 on Equal Treatment in Employment and Occupation (differences in treatment with respect to measures which are necessary for the security, maintenance of public order, prevention of criminal offences, protection of health and the rights and freedoms of others). With regard to such cases, please indicate the facts, rulings and remedies provided or penalties imposed.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Prohibited grounds of discrimination. Recalling its previous comments concerning the prohibited grounds of discrimination covered by the Combating of Racial and other Discrimination (Commissioner) Law (No. 42(I)/2004) and the Equal Treatment in Occupation and Employment Law (No. 58(I)/2004), the Committee notes from the Government’s report that under Law No. 58(I)/2004 the ground of colour is considered to be covered by the terms “national” or “ethnic origin”, while political opinion is covered by the term “belief”. With regard to social origin, which is not covered by either of the laws, the Committee notes that the Ombudsperson’s Office would welcome amendments to the legislation adding social origin as a prohibited ground of discrimination. The Committee encourages the Government to include social origin as a prohibited ground of discrimination in the legislation and requests it to provide information on any measures taken or envisaged in this regard.

2. Sexual harassment. With regard to the Committee’s previous comments concerning the scope of the definition of sexual harassment contained in the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/(2002), the Committee notes that the Equal Treatment of Men and Women in Employment and Vocational Training (Amending) Law (No. 40(I)/2006) brought the definition of sexual harassment in line with European Directive 2002/73/EC. The Committee notes that in February 2007, the Equality Authority published a code of conduct on sexual harassment in the workplace and promoted its application through a series of activities. The Committee requests the Government to indicate whether the legislation and the code of practice prohibit quid pro quo harassment, to forward a copy of the code of practice and to continue to provide information on the measures taken to prevent and eliminate sexual harassment at the workplace, including through training and awareness-raising activities, and to provide information on the number and outcomes of sexual harassment cases dealt with by the competent authorities.

3. Inherent job requirements. The Committee recalls that section 4(2) of the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002) provided that certain occupations in relation to which sex constitutes a determining factor due to the context in which they are carried out are excluded from the Law’s application (these occupations are listed in a schedule to the Law). The Committee notes that following the amendments made by the Equal Treatment of Men and Women in Employment and Vocational Training (Amending) Law (No. 40(I)/(2006), these occupations are no longer excluded from the Law’s application as such, but only from the Law’s provisions concerning access to employment, vocational training and self-employment. The Committee requests the Government to provide information on the practical application of section 4(2) of the Law, including information on the facts and outcomes of any related cases dealt with by the competent authorities. The Committee also requests the Government for information on the outcome of the proposed review of the schedule relating to section 4(2). The Committee particularly requests the Government to consider repealing paragraph 4 of the schedule to which it referred in its previous comments.

4. Promotion of gender equality in the labour market. The Committee notes that women’s labour force participation rate rose from 53.3 in 2005 to 54.3 per cent in 2006, compared to 73.4 per cent for men (73.9 in 2005). Women continue to be concentrated in certain occupational groups (e.g. clerks and sales or service workers), and remain particularly under-represented among managers and senior officials. As regards employment status, the Committee notes that women continue to be employers or self-employed workers less often than men. The Committee notes from the report that the majority of participants in initial training programmes offered by the Human Resource Development Authority in 2005 and 2006 were men.

5. The Committee notes that, in 2007, the Government launched a scheme to promote employment of previously economically inactive or unemployed women. Efforts are under way to expand daycare services for children and other dependant family members, such as the elderly or persons with disabilities. The Government has also continued its efforts to encourage and assist women to become entrepreneurs. Under the National Action Plan on Gender Equality for 2007–13, which includes a chapter on the promotion of equality between men and women in employment and vocational training, a number of seminars and workshops have been carried out on issues such as equal pay and work and family. The Committee urges the Government to reinforce its efforts to address the existing inequalities faced by women in employment and occupation and requests the Government to provide the following:

–           detailed information on the implementation of the programmes, schemes and initiative aimed at promoting equality of opportunity and treatment of men and women in employment and occupation, including vocational training, as well as the results achieved;

–           information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and to posts of responsibility, including through positive action measures;

–           statistical information on the position of men and women in the labour market (employment, unemployment, labour force participation, occupational category, sector of activity, employment status).

6. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the statistical information provided by the Government concerning the persons registered as unemployed from January to April 2006, according to ethnic origin. The Committee also notes that the Equality Authority published information material about the anti-discrimination legislation in Greek, Turkish and English. According to the Government’s report, among the first 259 complaints of discrimination received by the Equality Authority since its establishment in 2004, 72 related to national or ethnic origin and language. The Committee requests the Government to provide more complete statistical information on the participation of the different ethnic groups in employment to enable the Committee to appreciate the situation of the different groups. It also requests the Government to provide information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that are disadvantaged in the labour market.

7. Work of the Equality Authority. The Committee notes that the 2005 Annual Report of the Equality Authority includes information on the mandate and activities of the Authority, including summaries of important decisions. The Committee requests the Government to continue to provide detailed information on the work of the Equality Authority, including copies of its annual reports.

8. Judicial or administrative decisions. The Committee requests the Government to provide information on any cases involving discrimination in employment and occupation dealt with by the courts or the labour inspectorate, including cases applying section 5(3)(b) of the Equal Treatment in Employment and Occupation Law No. 58(I)/2004 (see point 7 of the Committee’s previous direct request). With regard to such cases, please indicate the facts, rulings and remedies provided or penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(1)(a) of the Convention. Grounds of discrimination. Further to its observation, the Committee notes the adoption of the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law (No. 191(I)/2004) amending Act No. 205(I) of 2002, and the Combating of Racism and other Discrimination (Commissioner) Law (No. 42(I)/2004). It notes that these Acts vest the Commissioner of Administration with special competences and duties for combating discrimination and receiving and investigating complaints in relation to discrimination on the grounds of sex, racial or ethnic origin, religion, political and other convictions, language, colour, age and sexual orientation. The Committee notes that while Act No. 42(I)/2004 covers the grounds of colour and political opinion, these grounds are not included in the Equal Treatment in Employment and Occupation Law (No. 58(I)/2004), covering discrimination based on race, ethnic origin, religion or belief, age and sexual orientation. Furthermore, the ground of social origin is not covered in any of the above legislation. The Committee recalls that when provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention, that is race, colour, sex, religion, political opinion, national extraction and social origin. Noting the discrepancy between the abovementioned Acts regarding the prohibited grounds of discrimination, the Committee requests the Government to indicate in its next report whether it is considering harmonizing its legislation so as to include all the prohibited grounds of discrimination as set out in Article 1(1)(a) of the Convention.

2. Discrimination on grounds of sex. Sexual harassment. Further to its previous comments, the Committee notes that article 2 of the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002) appears to prohibit only sexual harassment with respect to access to jobs or vocational training. Referring to its 2002 general observation on sexual harassment, the Committee recalls that the prohibition of sexual harassment also extends to other aspects of the employment relationship such as terms and conditions of employment and promotion. The Committee further notes the Government’s statement that the implementation of the national legislation is showing positive effects with regard to the elimination of sexual harassment, but that the persistence of stereotypical attitudes about women continues to constitute an obstacle. The Committee therefore asks the Government:

(a)   to confirm whether article 2 of the Equal Treatment Law (No. 205(I)/2004) is meant to cover fully all cases of both quid pro quo and hostile working environment sexual harassment, including with respect to terms and conditions of employment and promotion;

(b)   to provide information on measures taken or envisaged, in collaboration with the social partners, to address and combat the persistence of stereotypical attitudes about the role of men and women, and the results obtained.

3. Article 1(2). Inherent job requirement. Recalling its previous comments on article 4 of the Equal Treatment Law (No. 205(I)/2004) excluding certain branches of activity from its scope of application because sex is a factor of decisive importance for their execution, the Committee notes the Government’s assurance that the professional activities falling under this category were determined in full cooperation with the social partners, are interpreted strictly and will be reviewed in time with due consideration given to the Committee’s comments on this matter. The Government is asked to keep the Committee informed about the application in practice of article 4 as well as on any developments with regard to reviewing the exceptions as set out in paragraph 3 of the Schedule to the Law.

4. Articles 2 and 3. Practical application with respect to race and national extraction. Further to its observation, the Committee notes that the Government has taken measures to increase awareness of non-discrimination practices among government employees and the personnel of both employers’ and workers’ organizations. It also notes the Government’s statement that statistical data on the position of different racial or ethnic minority members in the labour market are not yet available, but that there is no discrimination against these persons in the fields of employment and occupation. Nevertheless, the Committee hopes that the Government will make every effort to collect and analyse relevant information, including statistical data, in order to enable the Committee to evaluate the situation of racial and ethnic minorities in the labour market and to assess the progress made in the application of the Convention, and to provide such information in its next report.

5. Equal access of women to employment and occupation. Recalling its previous comment on female participation in the labour market and on the occupational segregation of women, particularly those with tertiary education, the Committee takes note of the various measures undertaken by the Government to promote and enhance women’s participation in the labour market. It notes in particular the promotion of contemporary and flexible forms of employment to facilitate the reconciliation of working and family responsibilities, the modernization of the public employment services to improve the labour market access of the inactive female labour force and the preparation of ten new programmes of social care to facilitate the entry and retention of women in the labour market. The Committee also takes note of the action plan of the Gender Equality Committee for the years 2004-05. The Committee asks the Government to provide in its next report information on the implementation of the action plan and information illustrating how the abovementioned measures have helped to:

(a)   increase female labour participation;

(b)   address the horizontal and vertical job segregation; and

(c)   diversify the position of women in the labour market, including by facilitating and encouraging access of women to non-traditional sectors and to decision-making positions.

6. National institutions to promote equality. Noting that the National Machinery for Women’s Rights, the Gender Equality Committee and the Commissioner for Administration have the special mandate to promote equality between men and women, the Committee asks the Government to provide information on the activities of these bodies, and particularly on their impact and effectiveness in relation to the promotion of equality in employment and occupation. Noting further the Government’s statement that so far no complaints have been lodged under the Equal Treatment Act (Law No. 205(I)/2002), the Committee asks the Government to continue to provide information on the number, nature and outcome of the cases of alleged discrimination submitted to the Commissioner of Administration and the Gender Equality Committee, as well as any relevant administrative or judicial decisions on equal treatment between men and women.

7. Article 4. Further to its observation, the Committee notes that section 5 of Law No. 58(I)/2004 provides for exceptions to the scope of application of the law. It notes that, while excluding the difference of treatment on the grounds of race and ethnic origin, section 5(3)(b) allows for differences in treatment with respect to measures which are necessary for the security, maintenance of public order, prevention of criminal offences, protection of health and the rights and freedoms of others. The Committee recalls that the Convention allows for certain limitations on the protection from discrimination with respect to the measures intended to safeguard the security of the State. Referring to paragraphs 134-136 of its 1988 General Survey on equality of opportunity and treatment in employment, the Committee hopes that section 5(3)(b) will be applied in accordance with Article 4 of the Convention. It asks the Government to provide information in its next reports on its practical application in order for the Committee to assure itself that the measures adopted in practice do not involve discrimination contrary to the Convention, including discrimination based on religion.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1 of the Convention. Discrimination on the basis of race, colour and national extraction. The Committee notes with interest the adoption of the Equal Treatment in Employment and Occupation Law (No. 58(I)/2004) which transposes Directive 2000/78/EC and Directive 2000/43/EC by prohibiting discrimination in employment and occupation on the grounds of race, ethnic origin, religion or belief, age and sexual orientation. The Law defines and prohibits direct and indirect discrimination and harassment (article 2) of all persons in the public and private sectors with regard to access to employment, vocational training, terms and conditions of employment and membership in workers’ or employers’ organizations (article 4) and allows for affirmative action measures (article 9). Moreover, it sets out protection against victimization (article 10) and gives any person who considers himself or herself affected by a violation of the Law the right to institute civil proceedings, including before the Commissioner for Administration (article 11). The Committee also notes with interest that pursuant to article 16(5) of the Law any collective agreement or employment contract or business regulation which is contrary to the Law, will be cancelled to the extent that it is directly or indirectly discriminatory. The Committee asks the Government to provide information on the practical application of the Equal Treatment in Employment and Occupation Law, including through the competent judicial and administrative bodies, and the Commissioner for Administration.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Prohibition of discrimination on the basis of sex- sexual harassment. Further to its 2002 general observation on the issue, the Committee notes that the Equal Treatment of Men and Women in Employment and Vocational Training Act of 2002 prohibits sexual harassment in employment and occupation as a form of sex discrimination. The Act defines sexual harassment as constituting a hostile work environment but does not include the elements of quid pro quo. The scope of protection from sexual harassment is broad, extending from job or training applicants to full-time employees in the domains of vocational training through to terms and conditions of employment. Under section 12 of the Act, employers or their representatives, supervisors or co-workers can be responsible for conduct constituting sexual harassment although no reference is made to either clients or other persons in connection with the performance of work duties. Section 17 provides protection from dismissal or deleterious changes in conditions of work to those reporting abuses of sexual harassment or those rebutting such accusations. The Committee requests the Government to provide information on the application of these provisions on sexual harassment in practice and indications on their contribution to eliminating sexual harassment in the workplace.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 4 of the Equal Treatment of Men and Women in Employment and Vocational Training Act states that certain professional activities are excluded from the scope of the Act because sex is a factor of decisive importance for their execution. The activities are set in a Schedule to the Act. They include employment in certain positions when the post concerns the provision of services of a personal nature, such as care of the elderly or disabled (paragraph 4 of the Schedule). The Committee also notes that according to section 4(3) of the Act, these exceptions shall be re-examined by the competent authority at least every five years to determine, in the light of social developments, whether they should be maintained. The Committee recalls that the exception allowed for in Article 1(2) of the Convention must be interpreted strictly so as not to result in undue limitation of the protection that the Convention is intended to provide. In order to fall within the scope of the exception the criteria must in a concrete way correspond to the inherent requirements of the job. The evaluation of an individual’s competence for a given task based on stereotypes of the category or group to which the person belongs, rather than on his or her merit or personal competence, is unacceptable. The Committee hopes that the exceptions listed in the Schedule, in particular those in paragraph 3 of the Schedule, will be applied in accordance with the Convention and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical implementation of these provisions including information on judicial cases and labour inspection processes involving section 4 of the Act. The Government is also ask to provide information on the outcome of the upcoming review envisaged under section 4(3) and hopes the Committee’s comments will be taken into consideration in this process.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that the labour force participation rate of women is still lower than that of men at 59 per cent in 2002 compared to the male employment rate of 78.8 per cent for the same period. It notes, however, the increase of women employed in higher skilled occupations, such as managers, professionals and technicians at 44.3 per cent of all those working in higher skilled occupations in 2002, up from 36.1 per cent in 1992. The Committee also notes the Government’s reports of improvements, according to which women now hold positions such as the General Auditor of the Republic, the Ombudsman of the Republic, Minister of Health and the Law Commissioner which in previous years were positions only held by men. It further notes that the gap between employed men and women with tertiary education decreased between 1992 and 2002 so that 52.1 per cent of all those employed with tertiary education in 2002 were men and 47.9 per cent were women. It notes significant differences however in the occupations of tertiary educated men and women; 18.8 per cent of legislators and managers with tertiary education are women compared to 81.3 per cent of men. On the other hand 75.2 per cent of tertiary educated clerks were women compared with 24.8 per cent of men. The Committee therefore requests information from the Government on the measures taken to increase labour force participation of women and facilitate access of tertiary educated women to positions of legislators and managers. It also requests the Government to review the apparent high concentration of women with tertiary education in clerical occupations and provide information of measures taken to avoid the occupational segregation of women.

4. Equality of opportunity and treatment on the basis of race, colour and national extraction. The Government reports that draft legislation is in progress to harmonize Cypriot law with Directive 2000/43/EC on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The Committee requests that the Government keep it informed of progress in this regard. The Committee must also reiterate its request for information on the work and functioning of the current structures to prohibit discrimination in employment against ethnic minorities and foreign workers, as detailed in previous comments, together with information on measures taken to increase the awareness of the public and social partners on non-discrimination practices. It also reiterates its request for statistical information on the position of different racial and ethnic minority members in the labour market.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Articles 1 and 2. Equality of opportunity and treatment of men and women. The Committee notes with interest that with the Equal Treatment of Men and Women in Employment and Vocational Training Act of 2002, Cyprus has adopted for the first time comprehensive legislation on equality of opportunity and treatment between men and women in employment and occupation. The Act prohibits both direct and indirect discrimination on the grounds of sex, as well as on the basis of pregnancy, childbirth, breastfeeding, maternity or illness due to pregnancy or childbirth. Under section 14 of the Act every person who considers himself or herself affected by a violation of the Act may institute civil proceedings against an offender. Section 22 provides for the establishment of a Gender Equality Committee with promotional functions, but which is also mandated to accept and initiate complaints. The Committee requests the Government to provide information on the application and enforcement of the Act, including through the competent judicial and administrative bodies. Please also indicate the impact of these new legal provisions on the access of women and men to and terms and conditions of employment and various occupations.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Discrimination on the basis of sex. The Committee notes with interest the measures taken by the Government in accordance with the National Action Plan covering the period 1999-2003 and the harmonization process of Cyprus with the European Union Acquis, to promote the more effective implementation of the legislation on equal pay between men and women. The Committee further notes the discussion of a draft law on parental leave and leave on grounds of family needs which is supposed to enter into force this year; the preparation of a draft law on equal treatment for men and women, as regards access to employment, vocational training and promotion and working conditions; the new law on equal remuneration for work of equal value; the preparation of new laws on part-time work and fixed-term employment; and the increasing of the sum for funding the development of childcare services and of day-care services for the elderly and persons with disabilities. The Committee would be grateful if the Government would continue to provide information on the abovementioned measures and their impact on women’s and men’s access to the domestic labour market and on the improvement of the job situation of persons with family responsibilities.

2. The Committee notes that the number of women entering the labour market has been constantly growing. The labour force participation rate of women rose from 54 per cent in 1997 to 58 per cent in 2000 and 60 per cent in 2001. The proportion of women in the total number of government civilian employees increased from 41.2 per cent in 1997 to 42.3 per cent in 1999. Although women’s employment in sectors where they were under-represented increased, it is still lower than the corresponding rate for men. The Committee notes the encouragement of women by the District Labour Offices to attend training courses, which enable them to enter new fields of employment. The further information supplied by the Government indicates that the proportion of employed women in the upper two occupational groups, such as legislators, senior officials, managers and professionals has remained relatively stable from 1995 to 2000 (around 39 per cent). The Committee requests the Government to continue to provide information on the measures taken by the District Labour Offices and on progress made with regard to women’s relative position in the labour market. The Committee asks the Government to provide information on the gender composition of the different occupational categories, such as managerial, professional and technical employment, clerical jobs, service and sales occupations and manual jobs.

3. Noting the substantial gap between employed men and women holding university degrees (men 61.8 per cent and women 38.2 per cent), the Committee asks the Government to provide statistical information on the number of university graduates separated by field of specialization and sex, and on activities taken to promote the integration of women with tertiary education into the labour market.

4. The Committee notes with interest the research study conducted by the Human Resource Development Authority of Cyprus (HRDA) on economically inactive women. The proportion of women trainees that participated in training activities provided by the HRDA increased slightly from 36.5 per cent in 1999 to 37.2 per cent in 2000. Considering that unemployment is higher among women with low specialization skills, the Committee would be grateful if the Government would continue to supply information on measures taken to promote women’s participation in economic activities. The Committee also requests the Government to provide information on the measures taken to realize the proposals set out by the HRDA in its study mentioned above.

5. Discrimination on the basis of national extraction, race, colour, religion, political opinion and social origin. The Committee notes that the Government indicated to the Committee on the Elimination of Racial Discrimination (CERD) of the United Nations (CERD/C/304/Add.56 and A/56/18, paragraphs 256-277) that it has established language programmes for children of immigrant families and minorities. The Committee notes also the appointment of the Presidential Commissioner for Minorities and the establishment of a Complaint Office within the Ministry of Labour and Social Insurance in charge of dealing with complaints made by foreign workers, including domestic workers. The Committee requests the Government to provide detailed information on the work and functioning of these structures to prohibit discrimination in employment against ethnic minorities in accordance with the Convention. Please also provide information on any measures taken to increase awareness of the public and of social partners on non-discrimination practices.

6. The Committee requests the Government to provide detailed information on the promotion of equality related to the other grounds of discrimination, in addition to sex, covered by the Convention and on the position of different racial and ethnic minority members in the labour market.

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

1. Discrimination on the basis of sex. The Committee notes with interest the measures taken by the Government in accordance with the National Action Plan covering the period 1999-2003 and the harmonization process of Cyprus with the European Union Acquis, to promote the more effective implementation of the legislation on equal pay between men and women. The Committee further notes the discussion of a draft law on parental leave and leave on grounds of family needs which is supposed to enter into force this year; the preparation of a draft law on equal treatment for men and women, as regards access to employment, vocational training and promotion and working conditions; the new law on equal remuneration for work of equal value; the preparation of new laws on part-time work and fixed-term employment; and the increasing of the sum for funding the development of childcare services and of day-care services for the elderly and persons with disabilities. The Committee would be grateful if the Government would continue to provide information on the abovementioned measures and their impact on women’s and men’s access to the domestic labour market and on the improvement of the job situation of persons with family responsibilities.

2. The Committee notes that the number of women entering the labour market has been constantly growing. The labour force participation rate of women rose from 54 per cent in 1997 to 58 per cent in 2000 and 60 per cent in 2001. The proportion of women in the total number of government civilian employees increased from 41.2 per cent in 1997 to 42.3 per cent in 1999. Although women’s employment in sectors where they were under-represented increased, it is still lower than the corresponding rate for men. The Committee notes the encouragement of women by the District Labour Offices to attend training courses, which enable them to enter new fields of employment. The further information supplied by the Government indicates that the proportion of employed women in the upper two occupational groups, such as legislators, senior officials, managers and professionals has remained relatively stable from 1995 to 2000 (around 39 per cent). The Committee requests the Government to continue to provide information on the measures taken by the District Labour Offices and on progress made with regard to women’s relative position in the labour market. The Committee asks the Government to provide information on the gender composition of the different occupational categories, such as managerial, professional and technical employment, clerical jobs, service and sales occupations and manual jobs.

3. Noting the substantial gap between employed men and women holding university degrees (men 61.8 per cent and women 38.2 per cent), the Committee asks the Government to provide statistical information on the number of university graduates separated by field of specialization and sex, and on activities taken to promote the integration of women with tertiary education into the labour market.

4. The Committee notes with interest the research study conducted by the Human Resource Development Authority of Cyprus (HRDA) on economically inactive women. The proportion of women trainees that participated in training activities provided by the HRDA increased slightly from 36.5 per cent in 1999 to 37.2 per cent in 2000. Considering that unemployment is higher among women with low specialization skills, the Committee would be grateful if the Government would continue to supply information on measures taken to promote women’s participation in economic activities. The Committee also requests the Government to provide information on the measures taken to realize the proposals set out by the HRDA in its study mentioned above.

5. Discrimination on the basis of national extraction, race, colour, religion, political opinion and social origin. The Committee notes that the Government indicated to the Committee on the Elimination of Racial Discrimination (CERD) of the United Nations (CERD/C/304/Add.56 and A/56/18, paragraphs 256-277) that it has established language programmes for children of immigrant families and minorities. The Committee notes also the appointment of the Presidential Commissioner for Minorities and the establishment of a Complaint Office within the Ministry of Labour and Social Insurance in charge of dealing with complaints made by foreign workers, including domestic workers. The Committee requests the Government to provide detailed information on the work and functioning of these structures to prohibit discrimination in employment against ethnic minorities in accordance with the Convention. Please also provide information on any measures taken to increase awareness of the public and of social partners on non-discrimination practices.

6. The Committee requests the Government to provide detailed information on the promotion of equality related to the other grounds of discrimination, in addition to sex, covered by the Convention and on the position of different racial and ethnic minority members in the labour market.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information contained in the Government’s report. It also notes the comments of the Trades Union Congress (TUC) in a letter dated 15 July 1999, alleging that a named individual had been subjected to discrimination on the basis of political opinion over a number of years, in violation of the Convention. In its previous observation, which addressed these allegations, the Committee noted that, as it had not been presented with information specifying the manner in which political opinion may have affected the named individual’s employment, it was not in a position to determine whether the Convention had been violated in that particular case. As the TUC’s recent communication does not provide any additional details in this regard, the Committee remains unable to make any determination with regard to the alleged non-observance of the Convention.

2. The Committee notes with interest the measures taken by the Government, in accordance with its non-discrimination and equal employment opportunity policies, to assist workers in harmonizing their work and family responsibilities, including the provision of funding for an increased number of childcare programmes and facilities, the promotion of measures for more effective implementation of the national equal pay legislation and the promulgation of Act No. 100(I) of 1997, which extends the period of maternity leave from 14 to 16 weeks and extends maternity protections to adoptive mothers. The Committee further notes with interest that a tripartite committee of the Labour Advisory Board is examining the possibility of providing for parental leave. The Committee would be grateful if the Government would continue to provide information on the abovementioned measures and their impact on women’s and men’s access to the domestic labour market.

3. The information supplied by the Government indicates that women’s participation in the total labour force in Cyprus has remained relatively stable from 1992 to 1996, remaining at just over 39 per cent. The Committee notes with interest that the proportion of women employed in upper-level positions in the Cypriot labour market, such as legislators, senior officials, managers and professionals, increased from 33.2 per cent in 1989 to 39.8 per cent in 1995. The Committee would be grateful if the Government would continue to supply information on progress made with regard to women’s relative position in the labour market in both the private and public sectors.

4. The Committee notes the Government’s statement that, while Cyprus has a low overall unemployment rate in general, the unemployment rate for women is higher than the corresponding rate for men. In 1996, the unemployment rate for females (4.3 per cent) was almost double that of men (2.3 per cent) (HRI/CORE/1/Add.28/Rev.1). In its report, the Government states that this situation is due to low growth rates in certain labour-intensive manufacturing sectors that are primarily occupied by women, such as textiles, apparel, footwear and leather goods. In this regard, the Committee asks the Government to indicate whether it has taken or contemplates taking any measures to promote the employment of women in sectors where they are under-represented and, if so, to provide information on any such measures. Additionally, the Committee requests the Government to continue to supply information on the training courses provided by the Industrial Training Authority, including the distribution of men and women in those courses and any measures taken to promote women’s participation.

5. The Committee notes with interest that the proportion of women college and university graduates that obtain employment increased from 41.2 per cent in 1992 to 44.5 per cent in 1996. With regard to basic education, however, the information supplied by the Government indicates that, in 1996, women were twice as likely as men to have received no schooling. Of those receiving primary and secondary education in 1996, one-third were women. The Committee requests the Government to continue to provide statistical information on the distribution of men and women at different educational levels in its next report and to indicate what steps it has taken or envisages taking to facilitate greater access to primary and secondary education for girls and women.

6. The Committee draws the attention of the Government to the existence of grounds, in addition to sex, upon which equality is to be promoted under the Convention. In this respect, it notes information submitted to the United Nations on efforts undertaken to promote the participation of ethnic minorities in education in Cyprus. The Committee requests the Government to provide information on any measures taken to promote equal access to employment of ethnic minorities in accordance with the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report. It also notes the comments of the Trades Union Congress (TUC) in a letter dated 15 July 1999, alleging that a named individual had been subjected to discrimination on the basis of political opinion over a number of years, in violation of the Convention. In its previous observation, which addressed these allegations, the Committee noted that, as it had not been presented with information specifying the manner in which political opinion may have affected the named individual's employment, it was not in a position to determine whether the Convention had been violated in that particular case. As the TUC's recent communication does not provide any additional details in this regard, the Committee remains unable to make any determination with regard to the alleged non-observance of the Convention.

2. The Committee notes with interest the measures taken by the Government, in accordance with its non-discrimination and equal employment opportunity policies, to assist workers in harmonizing their work and family responsibilities, including the provision of funding for an increased number of childcare programmes and facilities, the promotion of measures for more effective implementation of the national equal pay legislation and the promulgation of Act No. 100(I) of 1997, which extends the period of maternity leave from 14 to 16 weeks and extends maternity protections to adoptive mothers. The Committee further notes with interest that a tripartite committee of the Labour Advisory Board is examining the possibility of providing for parental leave. The Committee would be grateful if the Government would continue to provide information on the abovementioned measures and their impact on women's and men's access to the domestic labour market.

3. The information supplied by the Government indicates that women's participation in the total labour force in Cyprus has remained relatively stable from 1992 to 1996, remaining at just over 39 per cent. The Committee notes with interest that the proportion of women employed in upper-level positions in the Cypriot labour market, such as legislators, senior officials, managers and professionals, increased from 33.2 per cent in 1989 to 39.8 per cent in 1995. The Committee would be grateful if the Government would continue to supply information on progress made with regard to women's relative position in the labour market in both the private and public sectors.

4. The Committee notes the Government's statement that, while Cyprus has a low overall unemployment rate in general, the unemployment rate for women is higher than the corresponding rate for men. In 1996, the unemployment rate for females (4.3 per cent) was almost double that of men (2.3 per cent) (HRI/CORE/1/Add.28/Rev.1). In its report, the Government states that this situation is due to low growth rates in certain labour-intensive manufacturing sectors that are primarily occupied by women, such as textiles, apparel, footwear and leather goods. In this regard, the Committee asks the Government to indicate whether it has taken or contemplates taking any measures to promote the employment of women in sectors where they are under-represented and, if so, to provide information on any such measures. Additionally, the Committee requests the Government to continue to supply information on the training courses provided by the Industrial Training Authority, including the distribution of men and women in those courses and any measures taken to promote women's participation.

5. The Committee notes with interest that the proportion of women college and university graduates that obtain employment increased from 41.2 per cent in 1992 to 44.5 per cent in 1996. With regard to basic education, however, the information supplied by the Government indicates that, in 1996, women were twice as likely as men to have received no schooling. Of those receiving primary and secondary education in 1996, one-third were women. The Committee requests the Government to continue to provide statistical information on the distribution of men and women at different educational levels in its next report and to indicate what steps it has taken or envisages taking to facilitate greater access to primary and secondary education for girls and women.

6. The Committee draws the attention of the Government to the existence of grounds, in addition to sex, upon which equality is to be promoted under the Convention. In this respect, it notes information submitted to the United Nations on efforts undertaken to promote the participation of ethnic minorities in education in Cyprus. The Committee requests the Government to provide information on any measures taken to promote equal access to employment of ethnic minorities in accordance with the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest that, pursuant to research undertaken by the Industrial Training Authority (ITA) to determine the reasons for economic inactivity among women, the Government has taken measures to improve and expand child-care facilities; to encourage women to enter, with suitable training, new fields and occupations; to promote part-time work; to improve transportation facilities in rural areas; and to encourage, through financial and other incentives, the creation of industries in rural areas where there is an adequate potential female labour force. The Committee also notes with interest that the Maternity Protection (Amendment) Act, No. 48(I) of 1994, has extended the minimum period of maternity leave from 12 to 14 weeks as from June 1994 and provides for its extension to 16 weeks, as from January 1997. The Committee would be grateful if the Government would continue to supply information on the effect these various measures have on improving the participation and situation of women in the labour force. It also requests the Government to furnish information on any initiatives taken to assist workers to harmonize their work and family responsibilities, in line with the proposal of the Ministry of Labour and Social Insurance to the Labour Advisory Board.

2. The Committee notes with interest that women comprised more than one-quarter of total trainees undertaking ITA management training courses in 1992 and 1993. This represented increases over the relative number of women trained in those courses in 1991. The Committee hopes that the Government will continue its efforts to encourage women to undertake training, particularly management and development training, and that it will continue to provide information on the results achieved.

3. Referring to its previous requests for data on the participation of women in employment, the Committee notes that, as of 1992, women's labour force participation accounted for 40 per cent of the total employment; and that the latest available statistics disclose an increase in women's employment participation in both private and public sectors, from 40.4 per cent of the total in 1991 to 41.4 per cent in 1992 in the private sector; and from 32.3 per cent in 1991 to 32.8 per cent in 1992 in the public sector. The Committee also notes that although there was a slight decrease in the percentage of women employed in the public sector (excluding manual labour) from 1992 (41 per cent) to 1993 (40.6 per cent), the number of female government employees (excluding the educational services) who hold professional or administrative/managerial posts increased, in absolute terms, from 1,191 in 1992 to 1,288 in 1993. The Committee requests the Government to continue to provide information on the relative gains being made by women in the labour market, particularly at the higher levels of employment in the public and private sectors. It also requests the Government to supply copies of any reports evaluating the status of women in the country, such as material that may have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. The Committee notes that by a letter dated 11 April 1997, the Trades Union Congress (TUC) alleged that a named individual who is a member of a union affiliated with the TUC, had suffered discrimination in violation of the Convention on the ground of political opinion, over a period of more than 20 years, by the Cyprus Airways Group in which, according to the TUC, the Government has an 80.46 per cent share. The TUC states that Cyprus Airways and Eurocypria Airlines Ltd. resorted to a variety of measures to avoid extending the individual's fair access to employment as a pilot, despite documentary proof relating to his proficiency as a pilot and the findings of an independent investigation by well-qualified pilots who recommended that he be re-instated by Cyprus Airways. According to the TUC, the record in the Group shows that there is plentiful scope for discrimination in employment and a lack of redress for victims of discrimination which is inconsistent with the requirements of the Convention. Commenting on this communication, the Government supplies a detailed explanation of procedures for the issuing of permits to pilots and stresses that it acted within the framework of the existing legislation, which the Committee has examined with care. The Government adds that the authorities acted in good faith bearing in mind the requirements of the post in question and practice in the industry, and that it did not violate in any way the provisions of Convention No. 111. 2. The Committee notes the information provided by the TUC and by the Government concerning this matter. As the Committee has not been presented with the necessary details on how political opinion may have swayed the decision not to employ the individual in question, it is not in a position to determine whether the Convention has been violated in this particular case.

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

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest that, pursuant to research undertaken by the Industrial Training Authority (ITA) to determine the reasons for economic inactivity among women, the Government has taken measures to improve and expand child-care facilities; to encourage women to enter, with suitable training, new fields and occupations; to promote part-time work; to improve transportation facilities in rural areas; and to encourage, through financial and other incentives, the creation of industries in rural areas where there is an adequate potential female labour force. The Committee also notes with interest that the Maternity Protection (Amendment) Act, No. 48(I) of 1994, has extended the minimum period of maternity leave from 12 to 14 weeks as from June 1994 and provides for its extension to 16 weeks, as from January 1997. The Committee would be grateful if the Government would continue to supply information on the effect these various measures have on improving the participation and situation of women in the labour force. It also requests the Government to furnish information on any initiatives taken to assist workers to harmonize their work and family responsibilities, in line with the proposal of the Ministry of Labour and Social Insurance to the Labour Advisory Board.

2. The Committee notes with interest that women comprised more than one-quarter of total trainees undertaking ITA management training courses in 1992 and 1993. This represented increases over the relative number of women trained in those courses in 1991. The Committee hopes that the Government will continue its efforts to encourage women to undertake training, particularly management and development training, and that it will continue to provide information on the results achieved.

3. Referring to its previous requests for data on the participation of women in employment, the Committee notes that, as of 1992, women's labour force participation accounted for 40 per cent of the total employment; and that the latest available statistics disclose an increase in women's employment participation in both private and public sectors, from 40.4 per cent of the total in 1991 to 41.4 per cent in 1992 in the private sector; and from 32.3 per cent in 1991 to 32.8 per cent in 1992 in the public sector. The Committee also notes that although there was a slight decrease in the percentage of women employed in the public sector (excluding manual labour) from 1992 (41 per cent) to 1993 (40.6 per cent), the number of female government employees (excluding the educational services) who hold professional or administrative/managerial posts increased, in absolute terms, from 1,191 in 1992 to 1,288 in 1993. The Committee requests the Government to continue to provide information on the relative gains being made by women in the labour market, particularly at the higher levels of employment in the public and private sectors. It also requests the Government to supply copies of any reports evaluating the status of women in the country, such as material that may have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that by a letter dated 11 April 1997, the Trades Union Congress (TUC) alleged that a named individual who is a member of a union affiliated with the TUC, had suffered discrimination in violation of the Convention on the ground of political opinion, over a period of more than 20 years, by the Cyprus Airways Group in which, according to the TUC, the Government has an 80.46 per cent share. The TUC states that Cyprus Airways and Eurocypria Airlines Ltd. resorted to a variety of measures to avoid extending the individual's fair access to employment as a pilot, despite documentary proof relating to his proficiency as a pilot and the findings of an independent investigation by well-qualified pilots who recommended that he be re-instated by Cyprus Airways. According to the TUC, the record in the Group shows that there is plentiful scope for discrimination in employment and a lack of redress for victims of discrimination which is inconsistent with the requirements of the Convention. Commenting on this communication, the Government supplies a detailed explanation of procedures for the issuing of permits to pilots and stresses that it acted within the framework of the existing legislation, which the Committee has examined with care. The Government adds that the authorities acted in good faith bearing in mind the requirements of the post in question and practice in the industry, and that it did not violate in any way the provisions of Convention No. 111.

2. The Committee notes the information provided by the TUC and by the Government concerning this matter. As the Committee has not been presented with the necessary details on how political opinion may have swayed the decision not to employ the individual in question, it is not in a position to determine whether the Convention has been violated in this particular case.

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

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest that, pursuant to research undertaken by the Industrial Training Authority (ITA) to determine the reasons for economic inactivity among women, the Government has taken measures to improve and expand child-care facilities; to encourage women to enter, with suitable training, new fields and occupations; to promote part-time work; to improve transportation facilities in rural areas; and to encourage, through financial and other incentives, the creation of industries in rural areas where there is an adequate potential female labour force. The Committee also notes with interest that the Maternity Protection (Amendment) Act, No. 48(I) of 1994, has extended the minimum period of maternity leave from 12 to 14 weeks as from June 1994 and provides for its extension to 16 weeks, as from January 1997. The Committee would be grateful if the Government would continue to supply information on the effect these various measures have on improving the participation and situation of women in the labour force. It also requests the Government to furnish information on any initiatives taken to assist workers to harmonize their work and family responsibilities, in line with the proposal of the Ministry of Labour and Social Insurance to the Labour Advisory Board.

2. The Committee notes with interest that women comprised more than one-quarter of total trainees undertaking ITA management training courses in 1992 and 1993. This represented increases over the relative number of women trained in those courses in 1991. The Committee hopes that the Government will continue its efforts to encourage women to undertake training, particularly management and development training, and that it will continue to provide information on the results achieved.

3. Referring to its previous requests for data on the participation of women in employment, the Committee notes that, as of 1992, women's labour force participation accounted for 40 per cent of the total employment; and that the latest available statistics disclose an increase in women's employment participation in both private and public sectors, from 40.4 per cent of the total in 1991 to 41.4 per cent in 1992 in the private sector; and from 32.3 per cent in 1991 to 32.8 per cent in 1992 in the public sector. The Committee also notes that although there was a slight decrease in the percentage of women employed in the public sector (excluding manual labour) from 1992 (41 per cent) to 1993 (40.6 per cent), the number of female government employees (excluding the educational services) who hold professional or administrative/managerial posts increased, in absolute terms, from 1,191 in 1992 to 1,288 in 1993. The Committee requests the Government to continue to provide information on the relative gains being made by women in the labour market, particularly at the higher levels of employment in the public and private sectors. It also requests the Government to supply copies of any reports evaluating the status of women in the country, such as material that may have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided on the measures undertaken in pursuance of a national policy designed to promote equality of opportunity and treatment in employment between men and women, such as the employment orientation programmes conducted by the Industrial Training Authority (ITA), in consultation and cooperation with women's, employers' and workers' organizations, to familiarize unemployed women with the world of work and to accord them an opportunity to discuss and resolve individual problems related to the factors hindering their entry into the labour market. The Committee would be grateful if the Government would continue to supply information on these programmes, including the results achieved, and on any other activities designed to promote equality of opportunity and treatment in employment and occupation for women.

2. The Committee notes from the latest statistics provided that women's participation in ITA training courses has improved. It also notes the Government's indication that the ITA has designated women as a priority target group for management training so as to increase the number of women managers and to enable them to combine their work and family responsibilities. The Committee requests the Government to continue supplying information on all progress achieved with regard to women's participation in ITA courses, particularly management training and development programmes.

3. Further to its previous comments on women in public employment, the Committee notes from the latest data provided that women have continued to improve their situation in the public sector (excluding manual labour). In particular, it notes with interest that the number of women who are either professionals or hold administrative/management posts in government services (excluding education) has continued to increase steadily and that a woman was recently appointed to the senior post of Director of Industry in the Ministry of Commerce. The Committee would be grateful if the Government would continue to supply information, including statistical data, in this respect as well as details on other measures being taken in practice to improve the situation of women's employment at all levels of the public sector.

4. Referring to its previous request for data on the participation of women in the private sector and on any measures being taken or contemplated to promote equality of opportunity and treatment in employment for private sector female employees, and noting the Government's indication that this information will be forwarded separately, the Committee hopes that the data requested will be provided with the next Government report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the information, including the statistical data, contained in the Government's report.

1. The Committee notes with interest the information provided on the measures undertaken in pursuance of a national policy designed to promote equality of opportunity and treatment in employment between men and women, such as the employment orientation programmes conducted by the Industrial Training Authority (ITA), in consultation and cooperation with women's, employers' and workers' organizations, to familiarize unemployed women with the world of work and to accord them an opportunity to discuss and resolve individual problems related to the factors hindering their entry into the labour market. The Committee would be grateful if the Government would continue to supply information on these programmes, including the results achieved, and on any other activities designed to promote equality of opportunity and treatment in employment and occupation for women.

2. The Committee notes from the latest statistics provided that women's participation in ITA training courses has improved. It also notes the Government's indication that the ITA has designated women as a priority target group for management training so as to increase the number of women managers and to enable them to combine their work and family responsibilities. The Committee requests the Government to continue supplying information on all progress achieved with regard to women's participation in ITA courses, particularly management training and development programmes.

3. Further to its previous comments on women in public employment, the Committee notes from the latest data provided that women have continued to improve their situation in the public sector (excluding manual labour). In particular, it notes with interest that the number of women who are either professionals or hold administrative/management posts in government services (excluding education) has continued to increase steadily and that a woman was recently appointed to the senior post of Director of Industry in the Ministry of Commerce. The Committee would be grateful if the Government would continue to supply information, including statistical data, in this respect as well as details on other measures being taken in practice to improve the situation of women's employment at all levels of the public sector.

4. Referring to its previous request for data on the participation of women in the private sector and on any measures being taken or contemplated to promote equality of opportunity and treatment in employment for private sector female employees, and noting the Government's indication that this information will be forwarded separately, the Committee hopes that the data requested will be provided with the next Government report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information contained in the Government's report.

1. Further to its previous comment, the Committee notes with interest that the Maternity Protection Law, 1987 (No. 54) entered into force on 10 April 1987.

2. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged by the Industrial Training Authority (ITA) to develop and maintain a system for collecting statistics to document, among other things, the participation in vocational training by various groups. The Committee notes with interest that separate statistical data regarding the number of male and female trainees attending courses of the ITA were made available as from 1989. It further notes that for the statistics provided for 1989 and for the first half of 1990, female trainees comprised 33.44 per cent and 34.11 per cent, respectively, of the total number of trainees. The Committee requests the Government to continue to provide information concerning the participation of women in ITA courses, including details on any measures being taken or contemplated to encourage women to enrol in and complete training programmes.

3. As concerns the participation of women in management posts in the public service, the Committee notes with interest that the number of women who are either professionals or hold administrative/management positions in government services (excluding education) is steadily increasing and that in recent years women have started to occupy the most senior positions in the government hierarchy and to participate in the management boards of several governmental and semi-governmental organisations. The Committee would be grateful if the Government would continue to supply statistical information in this respect, as well as details on any measures being taken in practice to improve the situation of women in public employment. Referring to its previous comments, the Committee requests the Government to provide any data concerning the participation of women in the private sector and to indicate any measures being taken or contemplated to promote equality of opportunity and treatment in employment for private sector female employees.

4. The Committee has noted the information provided by the Government concerning the elimination of wage discrimination between men and women in its consideration, at its present session, of the Government's first report on the application of the Equal Remuneration Convention, 1951 (No. 100).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest the adoption of the Maternity Protection Law (No. 54 of 1987) which provides a number of protective provisions for female employees on maternity leave. Please indicate whether this legislation has entered into force and, if so, when.

2. In its previous request, the Committee requested statistical data on the number of male and female students participating in vocational training institutes or courses. It notes the Government's statement that the data requested are not available at present, but that it is hoped that the information will be available and that it will be furnished in the near future. The Committee looks forward to receiving this information in the next report. The Committee also notes the Government's indication that the total number of persons, male and female, who have been trained through training programmes either organised or approved by the Industrial Training Authority of Cyprus was 3,938 for 1983, 12,774 for 1987 and estimated to be 14,000 for 1989. The Committee notes the increase in the importance of training in Cyprus, and asks the Government to indicate in its next report any measures taken or envisaged by the Industrial Training Authority of Cyprus to develop and maintain a system for collecting statistics for the purpose, among others, of documenting participation by various groups in vocational training in the country.

3. The Committee had also requested information on the number of women workers employed in the public and the private sectors, as well as their proportion as compared to that of men. It notes that over the years 1984 to 1987 overall employment in the public sector (excluding manual labour) appears to have varied little in actual numbers, and participation by women has also varied little, remaining between 33.6 and 34 per cent over the four-year period. The Government also indicates that out of 3,134 government employees who are either professionals or hold administrative positions, 735 (23.45 per cent) are women. The Committee notes the Government's statement that appointments to managerial positions in the government service are usually by promotion and that years of service play a decisive role in this respect; women's late entry into the public service, as compared to men, therefore negatively affected their promotion to such positions.

The Committee asks the Government to provide, with its next report, information on any measures taken to encourage women to participate in management of the public service with a view toward overcoming the problem of insufficient seniority mentioned in its report. Also, the Government is asked to continue to provide statistical data in this area, as well as in the private sector, as previously requested.

4. The Committee notes the indication provided by the Government that efforts continue to be made during the process of the renewal of collective agreements so as to iron out any possible discrepancy which might be considered as constituting discrimination. The Committee notes particularly the agreements and mediation proposals sent with the Government's report which show that the percentage increase of women's wages is greater than that of men.

The Committee is obliged to point out that the results of collective agreements and mediation proposals in fact perpetuate separate pay rates for men and women which, it appears, discriminate only on the basis of sex. Even though the percentage increases granted to women may have been larger than that granted to men, for instance in the shoe industry (1988-89) and under the Potato and Carrot Marketing Board Agreement (1987), the Citrus Fruit (Picking and Packing) Agreement (1988-89), the Phassouri Plantation Agreement (1988-89), Frou-Frou Biscuit Factory Agreement (1988-90), and the Doritis Macaroni Factory Agreement (1988-89), in each instance pay rates are listed as being applicable to men in some cases and to women in others, while the average weekly pay rate for women during the base year was lower than that of men working in the same job classifications. At the same time, the real money increase for men and women was the same, thus perpetuating existing discrimination. Moreover, this approach has been taken in proposals of the Conciliation Department of the Ministry of Labour and Social Security in renewal of certain agreements, as seen from information in the Government's report.

The Committee hopes that the Government will be able to indicate in its next report that positive steps have been taken both in collective bargaining and, particularly, in the mediation efforts of the Ministry of Labour and Social Security to integrate the pay levels of men and women and to otherwise promote the cessation of pay systems which discriminate on the basis of sex. The Committee requests the Government to continue sending with future reports copies of significant collective bargaining agreements and mediation proposals.