Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Romania (Ratification: 1973)

Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

The Government supplied the following information:

Discrimination based on national ancestry, race or social origin. A draft Act respecting the protection of national minorities which was recently submitted to Parliament will regulate the status of minorities on the basis of the constitution. Furthermore, the Government has sent the text of Government Decision No. 461 and a publication of the Council for Minorities entitled The Legislative and Institutional Framework for the National Minorities of Rumania. With respect to article 2 of Decision No. 136 (and not 137, as erroneously quoted in the Direct Request) of 6 April 1993, the representatives of the Democratic Magyar Union of Romania, of the Democratic Forum of Germans of Romania, the Democratic Union of the Roma, as well as the representatives of nine other organizations of minorities (Armenians, Bulgarians, Greeks, etc.) are part of the Council. Over 1.1 billion Lei are earmarked to subsidize the activities of the Council of Minorities.

The actions before the judicial instances, taken by persons who have suffered from imprisonment or from prosecution for political reasons have been resolved through decisions of the Supreme Court of Justice. Decisions No. 1048 to 1059, respecting the cases of Micu Stefan, Boeriu Petru Marius, Stefanescu Ion, Anghel Darie, Nicuta Paraschiv, Cojocea Nicusor, Puscasu Enea, Broasca Dumitru, Dascalu Petrica, Muresan Vasile, Vitos Lodovic and Vieru Angelica who had been accused of "public acts of indecency" during the incidents directed against the political rígime that occurred in the town of Brasov in 1987 provide for material and moral compensation. These decisions have been executed in conformity with Act No. 118/1990. The issuing of titles for landed property to the former owners is continuing according to Act No. 18/1991, without any discrimination. The process is rather slow because of numerous problems concerning heirs and successions. At the end of May of this year, out of a total of an estimated 4,416,692 cases, only 970,737 (22 per cent) of the property titles had been delivered. Since the last report, no complaint has been lodged with the authorities alleging any infringement of recommendations Nos. 4, 6 and 7 of the Commission of Inquiry or of Act No. 118/1990 respecting the granting of rights to persons who have been prosecuted for political reasons. In 1993 the Government has, as it had announced to the Committee of Experts in May 1993, distributed the text of the report of the Commission of Inquiry to the national organizations of workers and employers. This year, it has been distributed to the National Public Prosecutor of Romania, to the Ministry of Justice and the Ministry of Tuition.

Situation of female workers. The unemployment rate has risen from 9.3 per cent (May 1993) to 11 per cent (May 1994); it stands at 13 per cent for women, compared with 9 per cent for men. One third of secondary-school graduates and 50 per cent of university graduates are jobless. 67.4 per cent of female unemployed are between 15 and 24 years of age. 59 per cent of long term unemployed are women. The branches of the economy in which women are most vulnerable are construction and the mechanical, chemical and electrical engineering industries. The authorities did not have to deal with any cases of discrimination, based on sex, in the access to programmes of occupational training. The restructuring of the economy continues to have a negative effect on the level to which job requests can be satisfied (only 30 per cent). Actually, the Government is developing part-time work to the widest possible extent (flexible hours, job sharing, etc.), especially with regard to women. A national committee has been set up to prepare the participation of the Romanian delegation in the Fourth World Conference on the Status of Women which will be held in Beijing next year. One of the major objectives of this committee is the setting up of a government structure to elaborate training programmes for women and special promotional measures for women. At the beginning of this year, UNDP and the Ministry of Labour have initiated a common project concerning "The Participation of Women in Development", which is aimed at: sensitizing public opinion to the factors that influence the situation of women; promoting strategies of equality of chances between women and men; establishing programmes for the creation of new jobs, especially in small and medium scale enterprises; developing training courses, including in the management field.

In addition, a Government representative of Romania recalled that the promotion of human rights, the cornerstone of a democratic society, had become an essential element of Romanian policy since 1989. As concerned point 8 of the observation of the Committee of Experts, although it was not possible to give specific information as to the number of persons having benefited from the provisions of Decree No. 118 of 9 April 1990 which entitled persons, who had been unable to work due to incarceration or persecution for political reasons from 6 March 1945 onwards, to be compensated in terms of years of seniority for purposes of calculating pension and other benefits, it was appropriate to state that the new legislation had been applied automatically to all persons concerned. In order to facilitate the Government's task it was desirable that the Committee of Experts mentioned the cases where a claim for compensation had not been followed up. As concerned the restitution of titles for landed property, many clarifications needed to be made. First of all when they had furnished proof of their ownership rights former owners and their heirs had their land restored to them. However, to the extent that this restitution had to be preceded by numerous measures, such as the determination of the exact size of the parcel of land and the identification of the true owners, the issuance of titles for property was a complex process. Furthermore, in the event of a dispute the case was taken to the courts and the Government could not intervene to accelerate the process. Finally, the restitution of land had to be carried out in conformity with laws respecting landed property. Concerning point 9 of the observation, it was appropriate to recall that by virtue of Decree No. 118, the persons mentioned in Recommendation No. 6 of the Commission of Inquiry, including the strikers who had been reinstated by the courts, had undergone medical examination and had received subsidies from the State. With regard to Recommendation No. 7 concerning the reinstatement of workers who had lost their jobs as a result of being arrested for the June 1990 demonstrations, the Committee of Experts should draw to the Government's attention cases where the persons concerned had been refused reinstatement. In this respect it was appropriate to clarify that the employers decision to break the employment contract could not be taken until after 60 days of incarceration, in conformity with section 130 of the Labour Code. With regard to point 10 of the observation of the Committee of Experts, the speaker referred to the written information provided. In conclusion, the speaker emphasized that one had to be conscious of the difficulties resulting from the current period of economic transition.

The Workers' members recalled that the discussion on points 8, 9 and 10 of the report of the Committee of Experts had to be seen in the context of the follow-up to the recommendations of the Commission of Inquiry set up under article 26 of the ILO Constitution. This Committee had insisted on the need to take specific and effective measures and to furnish detailed information to the Committee of Experts especially with respect to compensation measures. It was to be noted that the recommendations of the Commission of Inquiry were taken into consideration during the constitutional and legislative reforms. However, the principal problem concerned the practical effects of the measures adopted. With regard to point 8 of the observation concerning compensation, to mention a decree and to affirm that the problems were resolved was not sufficient. What was important was to have specific and detailed information on the results achieved regarding reparations as requested by the Committee of Experts. Concerning point 9 of the observation, if one referred to the written information provided, it would appear that no claim had been lodged before the authorities for infringements of Recommendations Nos. 4, 6 and 7 of the Commission of Inquiry. However, during last year's meeting, the Workers' member of Romania had underlined that cases of discrimination still remained notably due to the attitude of the management of enterprises who still adhered to practices and concepts of the old regime and that procedures concerning discrimination were extremely slow. It was to be wondered whether the length of the procedures and the lack of access to the courts were not at the origin of the statement that there were no complaints. If the written information supplied by the Government were to be referred to, it would appear that the text of the report of the Commission of Inquiry had been transmitted to international organizations of workers and employers. However, the question remained as to whether this information had been distributed on a sufficiently wide basis. Finally, the Workers' members wished to insist that there should be follow-up measures to the recommendations of the Commission of Inquiry, that effective measures should be taken to grant compensation to victims of discrimination for political reasons and that information that was as complete as possible should be at the disposal of the Committee of Experts so that they could assess the effects in practice.

The Employers' members stated that this case had been dealt with since 1989. They felt that Law Decree No. 118 of 1990 provided a good basis for progress but that it really was a question of seeing how it was implemented in practice. In this respect, the Government representative had stated that he had no precise information but it was this information which the Committee of Experts and this Committee required. The Employers' members wanted to know how much compensation had been granted to those who were persecuted for political and other reasons and those who were deprived of their property unjustly. As concerned the issuing of titles for landed property to former owners, the Government representative pointed out that forced confiscation of land only took place during the last 11 years of the communist regime. While acknowledging the difficulties involved in restoring land and property to the original owners, the Employers' members considered that compensation should be easier to carry out here since the titles had been missing only for a period of 11 years. It seemed to them therefore that the restitution of the property titles as indicated in the written reply of the Government (22 per cent) was taking place at a rather slow pace. They felt that it should be possible to accelerate these procedures to a certain extent so that compensation was granted at a higher level than 22 per cent. Moreover, the Government representative had stated, in respect of paragraph 9 of the observation, that the Committee of Experts should inform him about specific cases which had not been remedied and that the Government would then do something about it. They considered that it was up to the Government to know where the wrong had been done and therefore how something had to be remedied. Referring to paragraph 10 of the observation which dealt with the question of the distribution of the copies of the report of the Commission of Inquiry, the Employers' members pointed out that although the Government representative had stated that the text had been distributed, he had not specified whether it had been distributed in the Romanian language. However, the Committee of Experts wanted this report to be distributed in Romanian and possibly in the languages of the ethnic minorities as well so that there was wider awareness in Romania itself on this matter. The Employers' members concluded that this discussion had shown once again that there was a long way to go in order to right the wrongs committed by the previous regime. Therefore, this case should be left open and pressure should be put on the Government once again to do everything possible to reach the results required by the Commission of Inquiry in its report.

The Workers' member of Romania, recalling that numerous cases of violations of trade union rights still existed, stated that legislation in her country on human rights including freedom of association had been adopted but shared the point of view of the Employers' and Workers' members that its implementation was difficult.

The Government representative maintained that a distinction had to be made between the problems of the past and those that followed the 1989 revolution. Regarding the past, all compensation measures had been implemented but problems of a technical nature made it difficult to obtain precise information. However, it was appropriate to specify that Romania was in the process of modernizing the administrative structure which would allow it to evaluate correctly the exact number of persons who were compensated. Concerning the future and more specifically the problem of the slowness of the procedures, proposals have been introduced in Parliament to remedy these problems. In this respect, within the framework of tripartite discussions, a reform of labour legislation and in particular, Act No. 54 of 1991 respecting trade unions was being undertaken. Finally, the speaker wished to emphasize that a book on national minorities of Romania containing vast statistical, legal and other information was at the disposal of the Committee of Experts in English and French to allow it to better assess the situation.

The Committee took note of the written information and the oral explanations provided by the Government representative, as well as the discussion that took place in the Committee. It noted the fact that a certain number of legislative measures had been adopted to ensure the application of the Convention, but nevertheless observed that the Committee of Experts had not received the information requested earlier. The Committee wished that the Government would, in the near future, adopt all necessary additional measures to implement the recommendations of the Commission of Inquiry and to continue its efforts to bring law and practice into full compliance with the provisions of the Convention. It urged the Government to provide, as soon as possible, all the precise and detailed information requested by the supervisory bodies of the ILO, so that the latter could assess the situation in full knowledge of the facts and note the specific progress that had been made.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

The Government has communicated the following information:

The Government has supplied the text of Government Decision No. 461/1991, respecting the system of tuition in Romania. It has also given the assurance that the conclusions and recommendations of the Commission of Inquiry would be made accessible to the organisations of employers and workers.

Furthermore, the Government has provided information on the following points:

I. Progress made in the legislative field concerning the application of the provisions of the Convention

1. Human rights

Through Act No. 9/1991, the Romanian Institute for Human Rights has been established under the supervision of Parliament.

2. National minorities

Through Government Decree No. 137/1993, a Council for National Minorities was created at the beginning of April 1993. The Council has discussed and approved its organisational structures and the regulations for its functioning and has established its work programme for 1993. The Council has also decided on the constitution of a public non-governmental, non-profit establishment of the national minorities of Romania. Act No. 92/1992 respecting judicial organization establishes the right to have an interpreter before the judicial instances for members of national minorities. Governmental Decree No. 343/1990 has authorized the Ministry for Culture to grant subventions to certain publications of national minorities. Under Governmental Decree No. 677/1991, the creation of a Centre for European Studies on Ethnic Problems has been approved.

3. Reparations to persons discriminated before December 1989

Legislative Decree No. 118/1990 concerns the granting of compensation to persons prosecuted for political reasons.

4. Cooperation with the social partners

Under Decree No. 860/1992, an office for the relations with employers' organizations and trade unions has been created within the Government apparatus.

II. The situation of the gypsies

The census of January 1992 shows that the number of gypsies is 409,723 (representing 1.8 per cent of the population). With respect to the 1977 census which certified a number of 227,398 persons of gypsy nationality, their number has increased by more than 80 per cent, while the population has only increased by 5.6 per cent (22.8 million persons). According to the concept and the practical action of the Government, the gypsies are not and cannot be considered as marginalized. There has not been and there are no legal provisions which would hinder, in any way, the access for children of gypsies to education, or which could generate any kind of discrimination. An opinion poll which was recently undertaken by the Romanian Academy -- the Institute for the Quality of Life -- has provided evidence of the following aspects concerning the school education of gypsies: 71.4 per cent of the men and 64.5 per cent of the women know how to read.

The employment situation:

-- Men:

38.5 per cent -- wage earners

25.4 per cent -- individual activities

22.3 per cent -- unemployed

7.6 per cent -- retired

2.1 per cent -- employers

Approx. 5 per cent -- other activities

-- Women:

70.8 per cent -- unemployed

15.6 per cent -- wage earners

8.4 per cent -- individual activities

4.8 per cent -- retired

0.4 per cent -- other activities

-- Qualifications of the adult population:

79.4 per cent -- unqualified

16.1 per cent -- modern occupations

3.9 per cent -- traditional occupations

0.6 per cent -- other activities

The increase in unemployment has touched the gypsy population. The dissolution of the agricultural production cooperatives has led to the dramatic decrease in employment (the majority of gypsies had no land and those who had land have sold it). At the same time, the almost "officialized" theft of agriculture property of the State is no longer possible under the new statute of the property of the land. The level of qualification of the gypsy population is reduced. The majority of men is unqualified, as can be observed from the above statistics. Non-participation in education is increasing at a significant rate in the present children's generation. The low level of school tuition influences ocupational training and, consequently, employment.

The following measures have been taken to ensure a better integration of the gypsy population and to permit it to exercise fully its minority rights:

-- on 6 April 1993, a Council for the National Minorities was constituted, whose aim is to establish relations with the legally constituted bodies of national minorities, including those of the gypsies;

-- within the Ministry for Culture and Tuition, specialized departments have been set up exclusively for the problems of the national minorities;

-- within the Ministry for Labour and Social Protection there is a programme for the social promotion and the resolution of labour problems of gypsies. A draft Government Decree to implement the programme has been put forward;

-- four times a week, the national television broadcasts the programme "Together" for the national minorities, other than those for the Hungarian and German minorities, who have their own programmes;

-- Gypsy publications (Aven Amentza and Romane Divana) and mixed daily newspapers are published in numerous towns -- Bucarest, Slobozia, Sibiu, Timisoara;

-- the "Gypsy Centre for Social Intervention and Studies" has been established in Romania as a subsidiary of the public cultural establishment "Rromani Baht" (with headquarters in Warsaw);

-- measures have been taken to train gypsy children who, at the end of their studies, will work as primary school teachers in the communities in which gypsies are most numerous;

At the same time, intensive efforts are being undertaken to set up an establishment for gypsies in Bucarest in order to resolve their daily problems. This idea has also been presented at the international seminar in Snagov (29.04.-02.05.1993) concerning social policies in the daily life of the Gypsy communities in central and eastern Europe. On this occasion, the President of Romania, Mr. Ion lliescou, in his message to the participants of the seminar, expressed his appreciation of this idea, considering that it was very useful for the resolution of the gypsies' problems.

III. The situation of employed women in Romania

In Romania, respect of the provisions of the Convention for women is ensured through legislation as well as through its application in practice. The results of the policy on equality of opportunity and treatment of women in employment may easily be deducted from the development of the economic process and from the statistical data concerning the employment of women.

1. Legislation

Equality of opportunity and treatment of women in employment and occupation constitutes a part of the fundamental principle of equality of rights, assimilated in Romanian law through international treaties ratified by Romania (articles 11(2) and 16 of the Constitution of Romania):

Art. 11(2) Treaties ratified by Parliament in accordance with the law are part of the internal law.

Art. 16(1) Citizens are equal before the law and the public authorities, without privileges or discrimination.

Equality of opportunity and treatment for women in employment matters is reflected in the following ways:

(a) The right to work. Access of women to employment and occupation

Article 38 of the Romanian Constitution stipulates that the right to work may not be limited, the choice of profession and of job is free. In Romania, every person, regardless of sex, is free to choose the activity he or she wishes to pursue.

The provisions of the Constitution are completed by the provisions of Act No. 30 of 15 November 1990 respecting the hiring of workers with regard to their competences. Section 2 of this Act states that any discrimination during the hiring of workers for political, ethnical, religious, age, gender and material reasons is forbidden by law. This provision once again confirms the equality of opportunity and treatment in employment between women and men, i.e. that during the hiring of workers any discrimination is forbidden. Competence is the sole criterion to be observed during the hiring of workers in posts in the state institutions, administrative bodies and any other budgetary units. In other enterprises and autonomous bodies, employment is undertaken according to specific criteria, but in strict observance of section 2 of the above Act. It is stressed that in this case a worker may not be taken on in a discriminatory manner, but only within the limits of Article 1, paragraph 2 of Convention No. 111.

(b) Terms and conditions of employment

Equality of opportunity and treatment between women and men, as far as payment and social protection are concerned, is stipulated in article 38 of the Constitution which states that (2) Wage earners have a right to social protection. The measures of protection concern safety and health, work of women and young persons, minimum salary, weekly rest, annual leave, work in difficult conditions and other particular situations; and (4) For work of equal value there is equality of payment between the male and female workforce.

(c) Vocational training

Being founded on the right to tuition at all levels, there is real equality of opportunity and treatment between women and men in all categories of vocational training and qualification. Article 32(1) of the Constitution states that the right to tuition is ensured through compulsory general and secondary schooling, through vocational training and higher education, as well as through other instruction and further training.

2. The situation of the female workforce in Romania

(a) The evolution to date

In Romania, the female workforce has undergone a similar evolution to the evolution on the international labour market. Women want to and have to work for a good part of their lives. Thus, the percentage they represent in the active population has continually increased. In the last decades, two important factors have contributed to the increase of the number of wage-earning women: the upward tendency of the economy, particularly the industrial development and migration from village to town, in which an important number of women is included. Until 1989, the number of wage-earning women had continually increased, as well as their proportion among the total of wage earners and among the entire active population. In 1985, in an active population of 10,586,100 persons of which 7,689,300 were wage earners, women wage earners represented 39.4 per cent of wage earners. In 1990 this figure was 41.8 per cent and in 1991 it was 42.3 per cent. In Romania, women have gradually penetrated all sectors and occupations of which quite a number was exclusively reserved to men. A still increasing number of women have found themselves in posts of high qualification, with responsibilities and the power to take decisions. Women predominate in certain branches of the economy. This, however, is linked more to specific aspects of such activities, which are more appropriate to women's work, than to a deliberate limitation concerning the occupations in which women work. It may be seen from the statistics concerning the year 1991 that salaried women represent a more important proportion in health services and in social assistance (72.8 per cent), in teaching (68 per cent), in financial and insurance institutions (71.9 per cent), in tourism, hotels and restaurants (67.3 per cent), in commerce (58.6 per cent) and in the manufacturing industry (46.9 per cent). In absolute figures, the manufacturing industry has the highest participation of salaried women (1,472,800 wage earners in 1991). One explanation for this is that until now the manufacturing industry was the dominant economic sector, and it is only now that the service sector is going to develop strongly.

(b) The actual crisis and the decrease in the female workforce

Unemployment was not existent in Romania until 1990. During 1992 and the first months of 1993, it saw an explosive growth, becoming a large-scale phenomenon (presently 1,060,000 unemployed). The female workforce is hardest hit by this phenomen. The reasons are of an objective nature and they comprise mainly: the reduction of employment during the present transition to a market economy and during the structural reform which resulted in a market decrease in production; and the necessary restructuring of industry, especially in inefficient branches and enterprises, with the effect that the female workforce of these units has been touched by the massive dismissals that have occurred. For these reasons, more than 60 per cent of the unemployed are women.

(c) Perspectives for re-integration of the female workforce into work

It is considered that in the framework of the solutions and the measures taken by the Romanian Government to reduce unemployment, women have a special and somewhat favourised position. This fact is confirmed by the process of requalification. In 1992, two-thirds of the unemployed who have participated in courses of vocational training were women, in professions that were specific to them (knitters, tailors, saleswomen, secretaries, etc.). The chances of re-integration of women in employment are very high, especially in view of the development of the service sector -- which so far was not very developed -- and into which women may integrate more easily. It must be taken into account that in Romania the female workforce has received extensive school instruction.

In addition, a Government representative affirmed his Government's commitment to implement ratified ILO Conventions. He further stated his Government's awareness that much remained to be done to create a new society in Romania. Despite the adoption of new laws, the actual situation was more complex than the current legal standards. Transition to a market economy involved many complicated problems. Economic reform policies and the decrease in productivity of labour had resulted in distortions in the national employment programme and in the population's income. His Government was also concerned by the rapid growth in the unemployment rate which was affecting a large number of young people and women. His Government planned to make a big effort in education and training, as well as in the retraining of the unemployed, as a way firmly to combat unemployment. Agreement had been reached following tripartite negotiations and consultations at the beginning of May 1993 on the national minimum gross wage, on the institutional framework for facilitating relations between workers' and employers' organizations and the Government, on the establishment of a budget ensuring a decent standard of living and on the machinery for fixing minimum wages. The Government was also instituting a tripartite committee on social policy to conduct tripartite consultations and manage various social and labour matters. With regard to the elimination of various forms of discrimination, he recalled the recent creation of the Council for National Minorities. This Council had the fundamental objective of giving priority to relations with organizations of national minorities, the respect for laws dealing with equality of rights of all citizens, as well as the recognition and the guarantee of the rights of peoples belonging to national minorities, in particular with regard to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity, as guaranteed in the Constitution of Romania and the international treaties to which Romania was a party. With respect to instruction in the various native languages, 2,831 such centres, representing 9.9 per cent of the facilities for education in Romania, were currently organized constituting an increase of 683 centres compared with the figures for 1989. A law had recently been adopted relating to reparations for discrimination suffered by persons persecuted for political reasons. This law provided for a monthly non-taxable compensation, as well as free assistance and medicine supplied by the health services of the State. The Parliament approved such reparations provided for in the law, even though the amounts involved were more symbolic, in order to remedy the situation of persons concerned who only had access to poorly remunerated jobs and insufficient pensions calculated on the basis of such remuneration and resulting from the errors committed by the previous Communist authorities.

The Employers' members thanked the Government representative for the information provided to this Committee. They recalled the long history of this case which had previously been the subject of a special paragraph of this Committee's report as well as the subject of a Commission of Inquiry. It involved different aspects of the Convention, namely discrimination on the grounds of political opinion, social origin, national extraction and race, as well as dissemination of information to promote equality of opportunity and treatment in employment, women workers, etc. Among the various information provided the most important, in their view, as far as the work of this Committee was concerned was the formation of a Council for National Minorities having four objectives, in particular the preparation of draft legislation aimed at eliminating the various cases of discrimination referred to by the Committee of Experts. They requested the Government representative for confirmation in this regard. They also requested the Government representative to inform this Committee about the progress made by this Council and when draft legislation could be expected to be adopted. Referring to some five different requests for information made by the Committee of Experts, they urged the Government to provide replies on those points so as to enable that Committee to assess Romania's compliance with this Convention.

The Workers' members agreed with the Committee of Experts that the discussion of this case should be pursued in the context of the recommendations made by the Commission of Inquiry regarding this Convention. They noted that the premises of these recommendations had guided to a large extent the legislative changes recently adopted in Romania. In fact, the report of the Commission of Inquiry had indicated the essential prerequisites for the transformation of an autocratic State to one governed by the rule of law. The Workers' members were, however, of the opinion that it was particularly necessary to apply these recommendations in practice, as indicated by the Committee of Experts on many previous occasions. They further emphasized the need to implement the prohibitions of direct or indirect discrimination based on ethnic, political or other grounds, in view of the fact that in practice discriminatory attitudes were still often encountered despite the efforts of the Government. The Workers' members drew the Government's attention to the need to take measures to compensate victims of discrimination. They regretted the fact that they did not have information regarding the situation of women and therefore supported the request of the Committee of Experts addressed to the Government to supply such information. While noting the progress made since the report of the Commission of Inquiry, the Workers' members considered that decisive government action was necessary so as to ensure compliance with the Convention by the Government, enterprises, authorities responsible for the judicial system and all institutions of the country, and this with respect to every individual. They urged the Government to take the necessary measures and provide detailed information in this respect.

The Workers' member of Romania shared the concern expressed by the Committee of Experts which stressed the need to take the necessary measures to eliminate certain practices inherited from the previous regime which gave rise to doubts about the functioning of an impartial system of justice. The recommendations of the 1991 Commission of Inquiry were still relevant today. He also stated that the laws drafted since 1991 with regard to collective agreements and the settlement of disputes had only partially succeeded in creating real social dialogue in both public and mixed enterprises. Many cases of discrimination were still encountered, in particular in enterprises where the situation was marked by a management with inherited management practices. Moreover, in some enterprises collective agreements were implemented in a discriminatory way with respect to the members of the various trade unions by favouring, in particular, house unions over independent ones. In some enterprises managed by technocrats of the old regime, members of independent trade unions and women were dismissed before all others. Even though workers who were victims of such dismissals could have recourse to the law, the time such procedures took and the lack of impartiality on the part of the tribunals made this option infrequent.

The Government representative stated that he had taken due note of the various statements made. He recalled that his Government had adopted a very important law on labour and social security matters. He acknowledged that there was still a discrepancy between the law and current practice. He further stated that all the measures taken by his Government took into account the recommendations of the Commission of Inquiry.

The Committee took note of the information provided by the Government representative, in particular those relating to the implementation of the recommendations of the Commission of Inquiry established to examine the complaint made under Article 26 of the ILO Constitution. The Committee noted with interest the measures taken to eliminate discrimination in employment and in training based on political opinion, religion, race, sex, national extraction and social origin. The Committee trusted that the Government's next report would contain the other information requested by the Committee of Experts so that, at one of its future sessions, this Committee could take note of the energetic measures taken by the Government and the progress made in law and in practice so as to ensure the full application of the Convention. The Committee trusted that the recommendations of the 1991 Commission of Inquiry would be fully applied in the near future and that both the Committee of Experts and this Committee would be in a position to note real progress in this matter.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

The Government has communicated the following information:

The reference to resolution 1987/75 on the Human Rights Situation in Romania adopted by the United Nations Commission on Human Rights at its 45th Session in March 1989 is irrelevant. As the Government pointed out in this year's session of the Human Rights Commission, Romania considers the resolution in question null and void, as it constitutes a gross interference in the internal affairs of the people and State of Romania, in conflict with the spirit of the Final Act of Helsinki and the document of Vienna. In its comments. the General Confederation of Labour "Force Ouvrière" refers to a so-called "report" prepared by the Hungarian Democratic Forum based in Budapest; in this way it acts as the tool of a revisionist policy that is fraught with danger for the very foundations of peace in Europe. These comments repeat not only the baseless allegations and references of the "report" but also its offensive expressions. For example, the Romanian zoning and development policy is described as "a programme of forcible elimination of thousands of villages on the pretext of the modernisation of agriculture." All kinds of charges are made against the Romanian political and legal system, based on mendacious speculation, to support the argument that this is not fitting for a State based on law. Emotional expressions such as "victims of reprisals", "brutality" and "intimidation", "role of the secret police", etc. are frequently invoked. Further evidence of the bad faith of the authors of both the "report" and of the commentary are the references to employment problems in the army and the police; these are completely outside the ILO's competence. The Government expresses its concern about the tendency in some quarters to use the ILO to misrepresent the reality in Romania and to spread allegations offensive to the country; this tendency is at variance with the purposes and objectives of the Organisation. If continued, such activities are bound to impair the credibility of the ILO and this country's co-operation with it. The Government objects to any interference in problems that are solely within the competence of the Romanian State. The Government wishes, however, to provide the present Committee with the fullest possible information about the country's legal system, its policies and the functioning of institutions relative to this matter.

The Government reiterates that under the terms of Convention No. 111, every ratifying State undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. Romania has consistently submitted reports concerning legislation in force and action taken to ensure application of the Convention with a view to guaranteeing effective equality in rights and to preventing discrimination in the field of employment, the exercise of a profession or occupation, remuneration or any other aspect of work on the grounds of race or nationality.

The comments from "Force Ouvrière" (France) dated 13 March 1989 refer to alleged discrimination in various fields, without specifying which ILO conventions or recommendations are involved. It refers to a report received from the Hungarian Democratic Forum. It is apparent from a reading of this 100-page report that labour and employment problems are dealt with entirely incidentally, superficially and tendentiously. References to these problems occur in only two paragraphs (pp. 22 and 24), in the chapter entitled "Data on the size, territorial distribution and social stratification of the Hungarian minority." As the title of this chapter suggests, these paragraphs have nothing whatsoever to do with employment problems. These incidental references are pure allegations which misleadingly and tendentiously depict the situation; they are totally unrelated to the real conditions in Romania. As will be shown below, in Romania, under the law and in practice, there is no discrimination in matters of employment, occupation, choice and exercise of profession or occupation, remuneration or in any other respect, on the basis of race, colour, sex, nationality, religion or on any other grounds.

It is surprising that the report deals with problems concerning the history of Central Europe and in particular, aspects of Romanian territoriality. In a number of pages the authors challenge the existing frontiers and the territorial integrity of the countries, claiming that these frontiers were achieved by territorial "expansion" (p. 4) or "dictated by the interests of the Great Powers" after the two World Wars (p. 7), that a number of territories of Romania are allegedly part of historic Hungary and were "awarded" to Romania or "annexed" (p. 7), specifically by the Treaty of the Trianon of 4 June 1920 (p. 15), describing the shameful Diktat of Vienna of 1940, which was imposed by Hitler, as an "arbitral award" and regretting that this "award" left the southern part of Transylvania to Romania (p. 85), ignoring the fact that this Diktat was declared null and void by the Paris Peace Conference. As a "final solution" the report suggested, furthermore, that in this part of Europe the national frontiers which separate States should be abolished (p. 4). The source consistently used by the authors is the "History of Transylvania", published in Budapest in 1986. It is well known that this "History" has been the subject of much and well-founded criticism in the Romanian historiography and also in the non- Romanian literature (see the publication Balcania, No. 3/1988, Rome), as it denies the continuity of the Romanian presence in these territories and patently conflicts with the documentary archeological and historic evidence.

By raising such questions, empires and revanchist circles and forces have attempted to invent pretexts for interfering in internal affairs in order to repartition the territory of Romania. This method was used on the eve of the Second World War, when the Horthy Government of Hungary, which was subservient to German fascism, used the Vienna Diktat in order to seize a part of the territory - Transylvania - which was occupied until the end of the War. All this shows clearly that the source material in question raises serious political problems that indicate the true purpose of the démarche - the questioning of national frontiers - which the ILO ought to unconditionally reject. Romania does not accept any discussion of its territorial integrity and repudiates any debate on the subject within the ILO.

The report also criticises the socialist economic and social system, planning of the socialist ownership of the means of production, the working of institutions in the field of education, culture and information, the political system, the organisation of external relations, etc., of Romania. It touches upon a large number of political and ideological matters with which the ILO is not concerned. The Charter of the United Nations and the entire system of international relations is based upon respect for the sovereignty, political independence and territorial integrity of each member State, on the right of every people to choose and develop freely their own social system and to promote their own progress in all fields without external interference. By virtue of this, Romania disagrees with any discussion of countries' social and political systems taking place in international bodies.

The report offers confused and mistaken arguments on the basis of which it reaches erroneous conclusions concerning human rights. It is suggested, for example, that there is separate development of the population of a different national extraction - a kind of segregation - at the workplace, in industry, in schools and in churches (pp. 51 and 67), an idea conflicting with all the relevant international rules and standards adopted by the United Nations and its specialised agencies. The report also criticises the fact that, as a consequence of industrialisation, persons of Romanian origin have settled in towns, and alleges that, as a result, the ethnic composition of towns have changed (p. 20). Despite the fact that urbanisation is an objective process occurring in all countries, based on labour force mobility and migration from rural to urban areas (where there are more jobs), such a process cannot be halted for considerations of ethnic or national origins, etc. Those who strenuously argue that the rights of man include the absolute right of the individual to move and to settle where he pleases are now astonished to find that persons of Romanian origin are settling in Romanian cities. According to that argument, Romanians do not have the same rights as others - including national minorities - precisely because they are Romanians. This is truly a racist discriminatory attitude, upheld by self-styled "promoters of human rights".

In the same context, the report deliberately cites false information and source material from persons who do not and cannot know the actual situation in Romania. For example, the document disregards the official data of the 1977 population census, as well as predominant demographic trends, which clearly show that because of the lower birth date in the districts having a part of the population of another national origin, their natural demographic growth rate is below the average of the other districts. In addition, the source of the data - including data concerning neighbouring countries - given in the report is wrong (pp. 12 and 15). The provisions of certain Romanian laws are misleadingly cited, in a partial or fragmentary fashion, in order to cause the readers to draw false conclusions suggesting evidence of discrimination. Besides, all the references to alleged "violations of human rights" are devoid of any foundation and are a distortion of the real situation in Romania. The authors themselves acknowledge that they have used the mass media press releases. Hungarian studies and analyses (p. 3), hearings before the United States Congress (p. 43), and other sources that have no direct or trustworthy knowledge of Romanian conditions.

To sum up, according to the Government, this so-called communication is based on purely political considerations; its fundamental purpose is to challenge the political and territorial reality of Europe and its approach to certain ideological questions. The principal concern of the material which has been distributed is clearly not with problems of employment: the motives behind it are quite different. In conformity with its Constitution and its objectives, the ILO should concentrate on continuing the improvement of conditions of work and standards of living of workers throughout the world. The ILO should also intensify international co-operation in dealing with the many problems which hamper the realisation of fundamental human rights - the right to work. the right to vocational training, the right to social insurance, etc. Accordingly, it is not the ILO's function to concern itself with political, territorial or ideological problems, nor is it its function to sponsor the dissemination of documents that question the history and existence of peoples or existing national frontiers, that contains allegations offensive to countries and their rulers, or that give substance to racist or segregationist in complete conflict with the standards and rules laid down within the ILO and the United Nations, or that deal with questions other than those relating to employment. The document contains statements that are inconsistent with real conditions in Romania in areas not covered by the ILO Conventions and that are unrelated to labour problems. Some of these statements are reproduced verbatim, and without distinction, in the Committee of Experts' report submitted to the present Conference.

Moreover, the Government supplies the following:

The right to work: The Constitution of the Republic reads as follows:

Article 17 - The citizens of the Socialist Republic of Romania, regardless of their nationality, race, sex or religion, enjoy equal rights in all areas of economic, political, legal, social and cultural life. The State guarantees the equality of citizens before the law. No restriction of these rights and no difference in their exercise on the grounds of nationality, race, sex or religion are permitted. Any expression aiming to establish such restrictions, nationalist-chauvinist propaganda, or incitement to racial or national hatred are punished by the law.

Article 18 - In the Socialist Republic of Romania, the citizens have the right to work. Each citizen is given the possibility to carry on, according to his training, an activity in the economic, administrative, social or cultural field and remunerated according to its quantity and quality. For equal work there is equal pay.

The Labour Code reads as follows:

Article 2 - The right to work is guaranteed to all citizens of the Socialist Republic of Romania without restriction or distinction of sex, nationality, race or religion. They have the opportunity to take up employment in economic, technical, scientific, social or cultural areas according to their talent, training and personal preference in accordance with the needs of society as a whole.

Article 3 - The assignment, and the total and rational utilisation, of human resources are carried out in accordance with the objectives of the economic and social development plan of the country, with the need for continual improvement in the economic and social efficiency of work, and with the need for a harmonious and balanced development in all the departments of the country.

The concrete results of the steadfast application of these provisions has been the creation, between 1965 and 1988, of over 31/2 million new jobs throughout the country, which has led to an 82 per cent increase in the number of wage-earners and to an increase in their numbers to 51 per cent per 1,000 inhabitants. The greatest benefit from these new jobs has been felt in the less developed areas, which include some where a large percentage of the population is of Hungarian origin. The number of wage earners per 1,000 inhabitants has thus increased, over this period, by 178 per cent in the Salaj county, by 89 per cent in the Covasna county, by 85 per cent in the Satu Mare county, by 60 per cent in Bihor, and by 54 per cent in the Muresh county.

Teaching and professional training: The Constitution contains the following provision:

Article 21 - The citizens of the Socialist Republic of Romania have the right to education. The right to education is ensured by compulsory education, by the fact that education at all levels is free and by the system of state scholarships.

The Law on Education and Teaching (No. 23/1978) reads as follows:

Article 2 - The citizens of the Socialist Republic of Romania have the right to education regardless of nationality, race. sex or religion, and without any restriction which might amount to discrimination.

Every citizen is guaranteed access to all levels and forms of education in accordance with the country's need for economic and social development, in accordance with his own wishes and talents.

Article 4 - Cohabiting nationalities are guaranteed the free use of the mother tongue in education at all levels, and the study of and deeper acquaintance with the mother tongue of each nationality.

Article 105 - Young persons of cohabiting nationalities are guaranteed equal opportunity to receive education of all types and to be assigned to jobs of all types in accordance with the needs of the economy and of society according to their education and talents.

Article 106 - In the territorial administrative units where part of the population is of non-Romanian nationality, teaching units, sections, classes or groups are organised in accordance with the overall structural norms, where teaching is carried out in the languages of the nationalities concerned. In trade training schools, schools for foremen, teaching can also be carried out in the languages of the cohabiting nationalities.

Article 107 - In order to permit their active participation in all the political, economic, social and cultural life of the country, young persons of cohabiting nationalities are guaranteed the necessary conditions for learning Romanian. With this aim, Romanian is studied in primary and secondary schools of the cohabiting nationalities, and certain subjects on the teaching syllabus can be taught in Romanian.

Article 108 - Parents or young persons who belong to one of the cohabiting nationalities can choose to be registered in a school where the language is either that of the nationality in question or Romanian. Young persons of cohabiting nationality who attend Romanian-language schools are guaranteed the right, on request to study their national language as a school subject in accordance with the law.

Article 109 - In competitive examinations organised in accordance with the law, candidates who are members of cohabiting nationalities have the right to take the examination in their national language in the subjects which they have studied in that language.

Article 110 - The Minister of Education and Teaching guarantees the training and inservice training of teaching staff, and the provision of textbooks and other necessary teaching material.

In teaching establishments where the language is that of the cohabiting nationality. textbooks in that language are also guaranteed for subjects taught in Romanian.

Following the application of these provisions of the Constitution, the state of teaching in the languages of the cohabiting nationalities in Romania in the school year 1987-88 was as follows:

- Out of a total of 28,297 kindergartens, primary schools, secondary schools and universities, in 2,815 (9.94 per cent of the total), teaching is given in the mother tongue of pupils of a nationality other than Romanian;

- Out of a total school population of 5,535,306 (pre-school children. schoolchildren and students), 457,125 (8.25 per cent) are of another nationality. Of these, 295,448 (64.63 per cent) opted for instruction in the mother tongue). The others (35.37 per cent), who opted for learning Romanian, continue to study the mother tongue also;

- Out of the 295,448 pre-schoolchildren and schoolchildren of other nationalities who also learn in their own mother tongue, 58,878 are at the kindergarten, 193,241 at primary school and secondary school and 42.530 at grammar school.

In order to give schoolchildren of other nationalities the opportunity to learn in their mother tongue, there are, in rural areas where there is a non-Romanian population smaller in number, 50 schools containing classes (I-IV) and 308 secondary-school classes (V-VIII), which operate with a number of children which is lower than the minimum laid down for all schools in the country.

The training of teachers and kindergarten teachers (classes I-IV) who teach in the mother tongues of the cohabiting nationalities is carried out in the teacher-training colleges of Oradea, Odorheiul Secuiesc and Sibiu, where 399 students were studying during the school year 1987-88, representing 8.22 per cent of all students in teacher-training colleges in Romania.

- Out of a total of 149,979 Romanian students, 9,557 (6.38 per cent) are Romanian citizens of other nationalities. The language departments in the country (the universities of Bucharest, Clouj and Iassy) train teachers of the Hungarian language for grammar school.

- Out of a total of 218,320 teachers, primary-schoolteachers, professors and members of university teaching bodies, 18,615 (8.52 per cent) are Romanian citizens of other nationalities.

- Out of a total of 1,105 textbook titles for pre-university teaching, 297 (26.9 per cent) are published in the languages of citizens of other nationalities.

In Harghita. for example, out of a total of 93,000 schoolchildren, 64,000 (69 per cent of the total) attained Hungarian-language units and classes, while out of a total of 3,870 teaching institutions, 3,120 (83 per cent) are of Hungarian nationality.

The school network, the size of the teaching body and the number of text-books in languages of cohabiting nationalities are determined by concrete needs, such as the number of children in the locality where the schools are situated and the programmes of respective schools, taking into account the needs of modern education and, in particular, of technical and mathematical education.

In certain localities where universities and schools are merged, Romanian language sections have been established in schools where the language of instruction was Hungarian and vice versa. This is due to the changes which have occurred in the population structure of the respective locality and to the need to adapt schools to demographic change; these changes have not, however, affected the exercise of the right to study in the mother tongue in the section concerned.

In sections taught in a mother tongue other than Romanian (the official language of the country) Romanian is also studied, as has been pointed out previously. This enables persons of another nationality to be able to continue their studies in any cultural centre of the country, including those where the teaching language is Romanian. Thus, those concerned are able to occupy any public office or job in any area of the country, with full access to political, social and economic life. Education for persons of another nationality is an integral part of the national educational system; it is closely linked the economic and social development plans of the country and corresponds to the requirements of these plans. In this way, all citizens are assured at the conclusion of their education of a job appropriate to their training and to the qualifications they have achieved without discrimination based on sex, nationality or otherwise.

In the Ministry of Education and Instruction, a section deals with instruction in the languages of the cohabiting nationalities and, at the Directorate level of the Ministry there is a Secretary of State who comes from a cohabiting nationality. Every young person who completes a form of education is assured a job commensurate with his vocational training. Education at all levels is free. The large majority of those who pursue a form of education terminating in a trade or professional degree receive schoolarships during the period of study and must work two to three years in the job to which they have been assigned. In the majority of cases, it is actually stipulated in the contract which the young person or, in the case of minors, his parents have concluded with the educational institution at the outset of their studies.

The assignment to jobs of young graduates of universities or equivalent institutions is regulated in general terms by the Decree of the Council of State No. 54/1975 which provides:

Article 1 - In conformity with the provisions of the Constitution concerning the right to work of citizens of the Socialist Republic of Romania, the State shall ensure jobs for graduates of institutions of higher education in accordance with the training acquired.

Article 2 - The establishment of jobs for the employment of graduates in carried out in accordance with the aims of economic and social development and harmonious distribution of the forces of production throughout the country. Priority shall be given to meeting the need for specialists highly trained in rapidly developing branches and the need of those socialist units, departments and zones which are deficient in particular types of specialists.

Article 4 - The assignment of graduates is based on results obtained in studies, taking into account certain criteria of a social nature, in accordance with the requirements of this decree.

The graduate's own choice of unit and appointment is made based on the marks obtained at the end of the study period, with reference to the regulations concerning the exercise of functions in the branch or area of activity to which the socialist unit belongs, as follows:

(a) persons at the head of the class, according to their subject, may choose, in the order of their marks, any appointment from among those which have been made available to the class;

(b) graduates who ask to be assigned to municipalities in which they, their parents or spouses are resident, or in adjoining municipalities, have first choice, regardless of marks obtained;

(c) graduates who ask to be assigned to workers' centres and towns where they or their parents or spouses are domiciled, with the exception of large towns as established by law, and who, during their studies, have obtained an average mark of at least 7, are given priority in taking up appointments in these areas or in adjoining municipalities;

(d) graduates who are domiciled in large towns as established by law, and who, during their studies, have obtained an average mark of at least 8 points, may, within the order of their marks, take up 70 per cent of the total number of appointments made available for assignment in these areas;

(e) the remaining appointments available are taken up by graduates in the order of the marks obtained, without regard to their place of residence.

Where marks are equal, the first choice of area is given to married graduates. If there are several married graduates, those who have children are to be assigned first, followed by those whose spouse is already employed in a socialist unit in the area concerned. Where married graduates are members of the same class and have studied the same subject, the assignment of both is made by taking into account the higher average mark of the two persons. The assignment of married graduates to the same area or to adjoining areas is to be taken into account. Persons who have completed a course of higher education but have not graduated after the final examination, are assigned to production, in conformity with the provisions of the preceding paragraphs, after the assignment of the graduates.

Article 6 - The organisation of graduate assignment is carried out by the Governmental Commission for Co-ordination of Graduate Assignment in Production Sectors. This Commission is specified in the decree of the Council of Ministers and is made up of the Minister of Education and Instruction as President, representatives of the State Planning Committee, the Ministry of Labour, the Council of the Union of Romanian Student Associations, and of ministries and other central co-ordinating organs according to branch.

The Commission has the following responsibilities:

(a) analyse the cadre needs of branches, ministries and departments and to submit to the Council of Ministers the projected annual plan for the numerical assignment of graduates, prepared by the State Planning Committee in collaboration with the Ministry of Labour and Ministry of Education and Instruction, on the basis of suggestions offered by the Ministries, other central organs and organisations, and by the Executive Committees of People's District Councils and of the municipality of Bucharest;

(b) check that appointments guaranteed to graduates are appropriate to training obtained during their studies;

(c) at the instance of the Ministry of Education and Instruction, the individual assignment of graduates to production;

(d) inform the Council of Ministers on the finalising of the plan of assignment;

(e) make suggestions for the improvement of legislation concerning assignment of graduates to production.

Article 7 - For individual assignment to production of graduates of institutes of higher education, commissions are set up by specialised areas, to examine and present to the government commission lists of appointments by units intended for the assignment of graduates, and to effect the individual assignment of graduates to production posts.

Article 13 - The ministries, other central organs, Executive Committees of Departmental People's Councils and of the municipality of Bucharest, together with the socialist units control the way in which assigned graduates are integrated within the work collective of socialist units to which they have been assigned and carry out the tasks arising from the job to which they have been appointed. They also control the other duties of assigned graduates which arise under employment contracts, internal regulations and labour law; guarantee suitable housing for those graduates who have been assigned to an area other than that which was their home; and pay to assigned graduates the costs of settling in, removal costs and other expenses laid down by law.

Article 14 - Graduates assigned under the terms of the present Decree can take advantage of all the rights recognised by labour law applying to members of labour collectives of the socialist units to which they have been assigned: they receive payment during the training period in accordance with the salary scales laid down by law; they carry out all the tasks arising from the office or appointment they hold and are responsible to the labour collective and the management of the unit for their execution; they have to respect socialist rules of conduct in relations to other members of the labour collective, and to contribute to strengthening of the spirit of collaboration among colleagues; they have to continually improve their professional qualifications, the level of their technical and scientific knowledge and general culture by attending inservice courses organised or recommended by the unit and to obtain certificates at the end of such courses.

Graduates assigned to a municipality other than the one in which they shall receive on appointment a settling-in grant equal to the salary laid down for the first year of work in the appointment. Graduates who do not receive settling-in grants shall receive from the socialist unit to which they have been assigned, on their appointment and on request, half of their salary as an "advance", on condition that it be repaid in six monthly instalments beginning from the second month of appointment. The settling-in grant or the advance of salary is granted on condition that the graduate established residence in the vicinity of the socialist unit to which he has been assigned.

Graduates who, at the time of their assignment, reside in an area other than that of the socialist unit to which they have been assigned shall receive, on appointment, the costs of removal to their place of appointment for themselves, their family and households. "Families" in this sense are husband or wife, children and relations for whom the graduate is responsible.

Graduates who appear, for assignment to production, before a commission operating in an areas other than that in which the institute of higher education at which they have completed their studies is located, shall receive from the institution the cost of transport to the location of the commission and after assignment, to their place of residence.

The criteria for assignment and the rights which all graduates in higher education enjoy entail no discrimination. It is of course possible, in view of the number of appointments available in different areas and departments, that in recent years a number of young persons have been assigned to areas other than their own. This results from the absolute need to offer to each person a job in his own specialisation and at the same time from the needs of the whole country for economic and social development.

In conclusion, allegations that assignments to jobs are used to remove from their native place the intellectuals of the national minorities has no relation to the real situation in Romania. Similarly, the allegations that Romanians are granted economic advantages in order to settle in areas where the majority of populations is of Hungarian nationality is false, as is the allegation that jobs are created or suppressed in accordance with criteria of nationality, or that there is a numerous clausus in employment or "towns which are out of bounds for persons of Hungarian nationality."

The authors of the document even go as far as to attribute a discriminatory purpose to the policy of housing construction in all areas of the country and to that of priority economic development of backward areas, regardless of the nationality of the population concerned (p. 22). This shows obvious bad faith and a tendency to distort the present distort the present the state of affairs in Romania.

In fact, in the economic, social and cultural units of Romania, citizens of Romanian, Hungarian, German or other nationalities work together without any kind of discrimination or difference. In many cases citizens of Hungarian nationality perform managerial functions, in accordance with their professional qualifications and capabilities.

The allegation of unemployment in Romania, as well as the figures presented in its support, are the products of imagination and bad faith. There is no unemployment in Romania. The right to work, laid down in the country's Constitution, is clearly accompanied by legal, economic and social guarantees, such as the guarantee of professional education, of adequate payment, of stable employment, of safe and healthy working conditions, of the right to rest, medical care, and certain social insurance rights. The legal guarantees consist also in a strict regulation of cases where the employer can cancel the worker's employment contract, in the setting-up of a multilateral administrative, legal and civil supervision, and in the development of labour relations. The right to work has developed within the context of total freedom to work. The basis for the guarantee of the right to work and for the full employment of the workforce is permited by the constant development of the economic and social potential of the country, and by the creation each year of new jobs. The planned character of rapid development of the national economy has and does allow for forecasting of the needs of the country in terms of its workforce.

The industrialisation of the country and the rapid development of all sectors of the national economy on this basis have laid the foundations for full employment. Industrialisation has given impetus to the development and more rational assignment of manpower throughout the country, and to the development of all sectors of the national economy, thereby creating conditions conducive to a steady increase in the number of job opportunities and to full employment. As a result, the number of people employed had increased to 10.7 million by the end of 1987, or 11.6 million if young people fit for work (pupils and students) are included in that category, i.e. approximately 90 per cent of the total workforce, which is one of the world's highest rates of employment. Indeed, whereas the population grew by 20.7 per cent between 1965 and 1988, the number of jobs increased by 82.2 per cent. It is worth noting that the vast majority of the new jobs were created in the non-agricultural sectors and especially in industry in urban areas, thereby causing a considerable influx of rural population into the towns. From 1950 to 1985 the number of salaried workers increased by more than 5.6 million (over 3.6-fold), while the number of farmers declined by more than 3.5 million (58 per cent). As a result, the proportion of salaried workers in the total workforce employed increased from 25 per cent in 1950 to more than 72 per cent in 1985, while the proportion of farmers declined from 72 per cent to approximately 24 per cent over the same period. Accordingly, the proportion of rural population declined from 76.6 per cent in 1948 to 45 per cent in 1987 in favour of the urban population, which had increased to 54.3 per cent of the total population by 1987.

Throughout that period, and particularly, after 1965, all the geographic zones and settlements of the country underwent sustained and balanced social and economic development benefiting all inhabitants, irrespective of nationality. Moreover, counties with a higher density of citizens of a distinct nationality, which lagged behind other counties, were granted more investment funds and subsequently achieved higher growth rates in terms of industrial production and lob-creation

Growth, by 1985, as a percentage of 1965 levels

Investement Industrial production New jobs

Country total 457 616 178

Bistrita-Nasaud County 1 200 1 500 260

Covasna County 1 200 913 237

Harghita County 530 685 198

Satu Mare County 732 789 206

Salaj County 972 2 200 271

On that basis, all the citizens of the country, irrespective of nationality, are guaranteed the full enjoyment of their economic and social rights, including the right to work, in their native region through assurance of a lob suited to their qualifications, equal remuneration for work of equal value, the right to rest and to social insurance, the right to a satisfactory standard of living, including health, clothing and housing, the right to education, the protection of families, mothers and children, etc.

These developments triggered, and sustain today, a process of urbanisation and changes in the settlements of the country, a process of demographic concentration in towns and the establishment of new urban settlements. This called for the attainment of higher standards in occupational skill, education, training and culture, The objective constantly pursued, both in the past and at present, throughout these various trends and changes, which stem from the necessary process of development. is to provide all citizens with full equality of rights in the effective enjoyment of human rights and freedoms and the elimination of all forms of discrimination. Also within the framework of that process, all citizens have been guaranteed complete freedom of movement and the right to settle anywhere within the national territory without discrimination whatsoever. Certain regulations aimed at limiting the number of people settling in large towns, especially in the capital, apply equally to all the citizens of the country, without discrimination on grounds of nationality.

Considering that all Romanian citizens, irrespective of their nationality, are the architects and beneficiaries of the economic and social development process. these changes relate to the entire population of the country and extend without discrimination to all the citizens in every area, with respect, of course, for equal rights and their rights and fundamental freedoms.

In Romania, no discrimination whatsoever is tolerated or practised in respect of remuneration The references of the report in question, concerning the new legislation on the remuneration of labour, and the allegations of discrimination in the granting of certain bonuses are a reflection either of bad faith or of ignorance of the legislation in force and the manner in which it is applied. The new legislation referred to, particularly Act No. 1/1986, concerning remuneration by general agreement and in direct agreement with workers, contains the following provisions with respect to bonuses:

(a) Article 8, paragraph 4 - Bonuses and other incentives are provided in accordance with the law for savings achieved in respect of raw materials, fuel and energy.

This matter is regulated by the Act on remuneration according to the quantity and quality of labour, No. 57/1974. Article 63, paragraph 1 of which stipulates that "Personnel may be granted bonuses during the year for achieving savings on the consumption quotas set in respect of raw materials, equipment. fuel and energy. The amount of such bonuses may be as much as 30 per cent of the value of the savings achieved. In respect of certain important materials or materials in short supply, the bonus may amount to 50 per cent of the value of the savings achieved."

(b) Article 44, paragraph 1 - The managerial staff of economic units producing goods for export, certain industrial workshops, ministries and other central bodies and people's councils, the heads of the departments of production, planning, technical and equipment procurements and foreign trade with the operational systems of such units, and personnel with responsibility for export-oriented production and exports are paid a monthly bonus of 1.5 per cent of their remuneration for each percentage point in excess of the target set in the plan for export-oriented production and exports,

(c) Article 46, paragraph 2 - Bonuses for producing in excess of production targets in respect of goods for export are paid out per person on the basis of standard remuneration and effective working time in the month in which the bonuses are granted. The monthly bonus paid to a person may amount to as much as 20 per cent of the standard remuneration corresponding to his effective working time.

The Government also points out that the remuneration of all workers in Romania is subject to very detailed statutory regulations, based on the constitutional principle of "equal remuneration for work of equal value", which precludes all forms of discrimination. The basic statutes regulating this matter are the Labour Code (Act No. 10, 23 November 1972), the Act on remuneration according to the quantity and quality of labour, No. 57, 29 October 1974, and Act No. 1/1986, concerning remuneration by general agreement and in direct agreement with workers.

In addition, a Government representative stated that his country's legislation guaranteed the right to work of all citizens without any discrimination. The Committee of Experts considered that article 17 of the Constitution of Romania, and article 2 of the Labour Code, were not in conformity with Article 1 of the present Convention because they omitted political opinion and social origin from the prohibited grounds of discrimination. This view was based on an incomplete reading of article 17 of the Constitution and of other legislation relating to employment. Quoting article 17 and 18 of the Constitution, already reproduced in the Government's written document, the speaker wondered where there could be political and social discrimination. Therefore, if the citizens of the country had equal rights in all the fields of economic, political, legal, social and cultural life, where could political and social discrimination be found? Furthermore, article 18 of the Constitution, which was the substantive provision about the right to work, clearly provided that every citizen should be afforded the opportunity to carry on an activity in any field in keeping with his training, and remunerated according to the quantity and quality of his work. The speaker conceded that article 2 of the Labour Code did not expressly refer to political opinions. However, it was equally true that in its contents and in other normative provisions on labour relations dealing in particular with hiring, promotion and termination of contracts there were no and there could not be references to political opinions as criteria for termination of contracts, in view of the constitutional provisions above-mentioned.

The speaker quoted the provisions of Romanian legislation in this matter. Concerning hiring, he underclined that Section 2 of the Labour Code provides that: "Every citizen shall be afforded the opportunity to carry on an activity in any field, in keeping with his training, skills and aspirations, taking into account the needs of society". Section 1 of Act No. 12-1971 provides that: "Citizens can freely choose their employment; they will be hired according to their training and professional skills". Section 10 of the same Act also provides that: "Hiring in work units and distribution of work positions are made according to: level of studies and of professional training; training period, experience in the sector or the profession; results obtained at examination, competition or on-the-job training."

The law also stipulated that promotions could take place only on the basis of examinations or competitions to verify occupational aptitude or professional competence. In the case of a single candidate, the examination or competition was administered by the committee responsible for higher level staffing and promotions established in each unit, which served as a body of the workers' councils in which trade union representatives participated. For promotions to management positions, consideration was given, in addition to strictly occupational criteria, to the evaluation made by workers' collectives at the place of the candidate's employment. For certain management posts - director, deputy director, chief engineer, chief accountant, etc. - the approval of the workers' general assembly at the enterprise level was required.

Reasons justifying termination of employment were set out in the Labour Code. None of these grounds supported the notion that termination could occur on the basis of political belief; in reality, it could occur only for serious breaches of certain service obligations stipulated in the labour contract itself. Thus, no labour contract had been terminated because of political opinion or social opinion and, consequently, there had been no court decision on the subject.

In the light of this information, it was necessary to consider the comments of the Committee of Experts regarding the engagement of workers in civil aviation and promotion to management functions in state socialist undertakings.

As regards the second part of the observation by the Committee of Experts, concerning national extraction, the Government - referred to the information which it had supplied in writing. In this document, the Government had tried to provide clarification which it hoped would dispel misconceptions and misunderstandings based on incomplete information. These clarifications had been provided out of a spirit of co-operation and dialogue, and it was hoped that those who read the document in good faith should find the answers they were seeking.

The Employers' members said that the Committee of Experts had noted two sorts of problems. In the first place, there was discrimination in employment on the basis of political opinion and social origin. Reference was made to provisions which required civil aviation staff to have complete political obedience, and also to provisions making political outlook a decisive criterion for promotion in state enterprises. The second and major part of the observation by the Committee of Experts reflected world-wide concern at the operation of the Government policy of "rural systematisation". This policy covered a range of different measures which entailed massive discrimination on the basis of national extraction, and which put minorities at a disadvantage in all spheres of life. There was forced resettlement and violations of the rights of minorities in relation of education, training and employment. All in all the Committee had referred to 15 areas of discrimination on grounds of national extraction.

The Employers' members took particular exception to the fact that in the Hungarian-speaking regions very few teachers who were able to speak Hungarian were being recruited. Also, the numerus clausus was used to deny the minorities equal access to universities. On all these matters, the Experts had asked for a detailed answer from the Government. The reply of the Government had been lengthy, but not very satisfactory. Firstly, the Government had said that the observation of the Committee of Experts amounted to an interference in the internal affairs of the State. The present Committee was used to hearing this argument. Every State, by ratifying the present Convention, entered into an obligation to shape its law and practice in such a way as to conform to the requirements of the Convention, and to submit reports to the supervisory bodies. If a particular State did not want to do this, then it should not accede to the Organisation or ratify its Conventions. The Government had also referred to legislative and constitutional provisions which spelled out equal rights for all citizens. This sounded good, but the realities were very different. An explanation of this discrepancy was most clearly apparent from paragraph 2 (g) of the observation of the Committee of Experts: in a politically unidimensional State there was no true division of powers. This had the consequence that legislative texts lost their value when the supreme political will set different objectives. The result then complied with the political will but not with the law. The Government had also said that the facts set out in the report were incorrect. This clearly suggested that there was a need to investigate the situation on the spot. This should be done as a matter of urgency. The present Committee should urge the Government to accept a mission, which could establish the facts on the spot, meet with all concerned and very rapidly draw up a report to the supervisory bodies for examination in 1990 at the latest. The present state of the affair gave rise to greatest concern with the situation in Romania, and they considered that this concern needed to be expressed with all clarity in this year's conclusions of the Committee.

The Workers' members recalled that the Convention which had been ratified by Romania required the Government to abolish, in law and in practice, all forms of discrimination - especially in relation to employment and occupation. This was one of the most substantial and most important of all of the Conventions which had been adopted by the ILO. They hoped that the Government representative was aware of what was said and shown in the world media in relation to the situation in his country. The world is informed, even if tomorrow a wall were to be built around the country. The explanations which had been given by the Government were almost the same as those it had given in relation to Convention No. 87. However, here the contradictions between the Convention and law and practice seemed to be even more serious. The Government referred to legislative texts and constitutional provisions relating to non-discrimination and protection of minorites. But there were countless cases of daily practice providing evidence which contradicted what the Government said. The Government had not given a substantiated answer to the specific comments of the Committee of the Committee of Experts. Instead, they had argued that what the United Nations Human Rights Commission had said was irrelevant, that the resolution on Romania was null and void and represented gross interference in the internal affairs of Romania. The Government had also expressed its concern at the tendency in certain circles to use the ILO in order to distort the situation in Romania and to spread insulting allegations. But the arguments relating to interference in internal affairs had already been dealt with in connection with other countries. If a member State ratified a Convention then it undertook to take measures to give effect to the obligations contained in that Convention. That was true for Romania in the same way as for any other country. The Government felt that the ILO might suffer a loss of credibility if it took these allegations seriously. On the contrary, the ILO would suffer a loss of credibility if it did not discuss the situation in Romania in relation to Convention No.111.

The Workers' members noted a passage in the paper provided in writing by the Government to the effect that, in the process of rural systematisation, the interests of the community were more important than the rights of individuals. In fact, the process amounted to deportation of members of minorities, who were thus forced to give up agriculture and take up employment in industry and to forget all about their past. This policy was a flagrant violation of the Convention, which had been denounced by the Committee of Experts and by a range of other organisations, including the United Nations. All that the Government could say was that the charges were trumped up, and that the concerns of the ILO and the United Nations amounted to an interference in internal affairs. In the field of discrimination in occupation and training, the position of minority groups called for priority attention because these were the most vulnerable groups of individuals. In society the weakest needed to feel secure. Just the opposite happened in Romania. The Government must accept that the Committee was very concerned at the state of affairs. The same was true for world public opinion, the United Nations Commission on Human Rights, the Committee of Experts, the ILO and the various international trade union organisations. There needed to be clarity and real application. For clarity, on-the-spot visits by international commissions or experts needed to be accepted so that they could discuss with the authorities and the population and the report. The Workers' members were very concerned that there be a dialogue which permitted to establish the facts more clearly, so that appropriate action could at last be taken.

A Government member of Hungary welcomed the fact that the Committee was examining the question of discrimination against the Hungarian minority in Romania. He noted that other United Nations bodies and in particular those concerned with human rights had also been considering this issue for some time. The concerns of his Government in relation to this matter arose partly out of general humanitarian considerations, and partly out of a feeling of solidarity with Hungarians living in Romania who for historical, cultural and family reasons had multiple ties with Hungary.

He explained that the Hungarian minority in Romania comprised at least 2 million people, which made it the largest national minority in Europe. The Committee of Experts had shown an objective picture of the situation in which the minority lived. The Hungarian Government had asked the Romanian Government to engage in bilateral negotiation on this matter on a number of occasions, but the Government had not yet acceded to this request. He hoped that the Government of Romania would recognise the authority of the ILO bodies and would continuously supply the information requested by the ILO so as to achieve improvement in this serious matter. Finally, he wished to stress that in spite of the existing problems, Hungary wished to maintain good neighbourly relations with Romania, as had always been sought by the great minds of Hungary and Romania throughout their common history.

A Worker member of the United Kingdom believed that this was one of the worst cases with which the Committee had had to deal. It was certainly the worst on the present Convention. The observation of the Committee of Experts dealt with two issues... first, discrimination in employment on the basis of political opinion or social origin; and secondly, discrimination in employment, education and training on the basis of national extraction. The Committee of Experts had been commenting on the first of these issues for a number of years; he did not want to cover this vital area, although Romania's record of discrimination based on political opinion was notorious. He wished to concentrate on the second issue. In the written submission, the Government set some legal and allegedly factual arguments. At the legal level, the Government attacked the United Nations Human Rights Commission for interference in the country's internal affairs. That sort of argument was pursued by a country which had something to hide. Turning to the first part of this written submission, this was a document of unsound philosophy, intellectual sophistry and an unsustainable view of history. Paragraph 2(g) of the report of the Committee of Experts clearly showed why, under the present politico-legal system, the legal provisions referred to in the document could not protect minorities. On the factual level, the Government had said that the allegations communicated by Force Ouvrière were either irrelevant or untrue. In fact there had been no real attempt to refute these allegations. There was, moreover, a mass of evidence in support of them. This evidence showed, for example, that citizens were being forced to pull down their own homes and were then sent to sub-standard housing which was intended to glorify the leadership of the country rather than to provide decent housing for working people. Rural communities were being destroyed, as were rural traditions and cultures. Minorities' history was being expunged from the records. There was evidence that young people asking to emigrate were drafted in the army only to be sent to unhealthy forced labour camps.

The speaker wished to see practical and immediate solutions to these problems. He did not want a list of laws which were of no practical effect. Nor did he want to hear arguments about national sovereignty. Romania could not lock itself from the world, nor hide from its international obligations; it could not hide from the obligation it had to its own citizens, regardless of their ethnic origins, as enshrined in this Convention. If the Government believed in the ILO and its objectivity, it should invite the ILO to send a factfinding mission to the country in order to examine these issues at first hand, to dispose of what the Government insisted were lies, and to report to the supervisory bodies.

A Worker member of the United States recalled a resolution which had been adopted by the Executive Committee of the ICFTU in December 1988. This had expressed deep concern at the continued disregard of human rights in Romania. The ICFTU had been appalled by the immense social and cultural damage which was being caused by the agricultural systemisation plan - with the destruction of villages and their replacement with concentrated "agro-industrial" centres. According to the Government, urbanisation was consequence of industrialisation and was based on labour-force mobility. He considered that this programme was based not on "labour-force mobility" but on "forced-labour mobility". Furthermore, it had a disproportionate impact on ethnic minorities. The ethnic communities of Romania were already being forcibly dispersed from their places of birth and assigned to jobs not of their choosing. Information from Romania indicated that relocations were being carried out abruptly, sometimes brutally, usually without prior notification and without villagers knowing where they were being sent.

Romania had ratified Convention No. 111 in 1973. It had laws which promised freedom from discrimination. All reliable evidence indicated that in reality there was massive discrimination, and that that discrimination took place on the basis of an official, albeit unwritten, policy of the Government. He listed a number of illustrations of the practical operation of this policy. These included: forced population transfers; restrictions upon Hungarian language education; limitations on access to higher education and training; the banishment of the Hungarian language from public life; the liquidation of Hungarian cultural institutions; the harassment of Hungarian churches; and the break-up of families - for example through the so-called repatriation or distribution system, which included the forcible assignment of young persons to heavy and dangerous work in industries such as mining and construction, with work sites far from their homes registered in their personal identity papers, which, in turn, could prohibit them from ever again taking up residence in their places of birth.

He recognised that the purpose of the present Committee was to open and to maintain dialogue. However, he was pessimistic at the prospects of dialogue with a Government which demonstrated such scant respect for this institution; by submitting a reply to the Committee of Experts devoid of full and accurate information of the situation in Romania.

A Worker member of Hungary wished to add his voice to that of all those who expressed deep concern about the situation. He noted that about 300 persons from Romania arrived weekly in Hungary with a view to settling down and finding employment there. Altogether 17,000 of them had been officially registered. Most of them turned to local trade union organisations, asking for assistance. The reports they gave to local trade union officials fully confirmed what could be read on pages 397 to 402 in the report of the Committee of Experts.

A Worker member of France recalled that his organisation (Force ouvrière) had presented to the Committee of Experts the dossier on the situation of the Hungarian minority in Romania. He had followed with interest what the Government representative had said about the legal protection against discrimination which existed in his country. But the distinguished representative could just as easily have gone on to say that the Government did not have much respect for either the law or for the present Convention.

If the allegations represented by his organisation were false then the Government should be able to demonstrate that that was the case. If they were true, then it would not be able to do so. It could not in fact do so, because this was an instance of a Government that imposed a dictatorship, and which systematically destroyed those parts of the country in which the minorities lived, in particular the Hungarian minority, by destroying villages, rebuilding shoddy structures in which the population was crammed without regard to their aspirations. It was undeniable that there was discrimination against young people belonging to ethnic minorities in relation to education, training and employment, and that they were often liable to be sent to what could be termed forced labour.

He wanted to know, as others had before him, whether the Government was ready to accept an ILO mission to establish the facts on the sport in Romania. He thought he knew the reply, and wished that the Committee would draw the most stringent conclusions in the circumstances.

An Employer member of Hungary welcomed the fact that the present Committee was dealing with the issue of discrimination in employment, among others, against the Hungarian national minority in Romania. In 1988, several thousands of people had escaped from Romania to Hungary. They confirmed the situation described in the report of the Committee of Experts. The mere fact that they wanted to leave, risking everything, including their lives. suggested that something was badly wrong in Romania. The influx of these refugees also caused considerable problems for the Hungarian authorities. Part of the blame for the current state of affairs had to be attributed to a previous Hungarian Government which had not been prepared to speak openly about the situation of the Hungarian minority in Romania. This had not been a good policy because the general situation worsened a lot instead of improving. Members of the minority were denied full access to education and training. This was illustrated by the fact that Hungarians constituted almost 8 per cent of the general population, but less than 3 per cent of the university population. It was also illustrated by the recent dismissal of a number of employees who occupied managerial positions at a chemical works because of their national extraction. Several other managers were forced to resign from their jobs because their relatives left Romania for Hungary. The speaker strongly hoped that the conclusions of the present Committee would contribute to the resolution of this serious problem.

A Government member of the Federal Republic of Germany noted that there had been many references to the problems confronted by the Hungarian minority in Romania. However, the Committee of Experts also mentioned other minorities in this country: Germans, South Slavs, Slovaks, Ukrainians, Jews and Gypsies. At the 45th Session of the United Nations Human Rights Commission, his Government had co-sponsored a resolution submitted by Sweden on this issue. This showed that his Government took this issue very seriously. This resolution expressed concern about the treatment of minorities in Romania and touched upon a number of other points which were of importance to the present Committee. He stressed that the treatment of minorities in Romania was contrary to the present Convention; there was discrimination in training and employment, inter alia, on the basis of national extraction. He noted that the importance of dialogue in the present Committee had been mentioned several times. However, it was difficult to engage in meaningful dialogue if the Government took the view that the discussion constituted an impermissible interference in its domestic affairs. Referring to the 1988 Report of the Director-General of the ILO, he stressed that human rights were inalienable, basic rights to be respected throughout the world independently of the social order established in any individual state. Human rights must therefore be made an issue wherever they are infringed. It was, therefore, not an interference in the internal affairs of other States but a matter of human solidarity. He hoped the Government would engage in a meaningful dialogue by, inter alia, accepting an ILO mission.

A Worker member of Pakistan stated that the discussion had corroborated what had been reflected in the Committee of Experts' report in relation to the minority communities in Romania. The testimony of the refugees spoke for itself; he associated himself with those who had called for the elimination of this discrimination.

Another Government representative of Romania stated that the written information submitted by the Government must have been read in a desultory manner, because it contained information which clearly showed that his country was making serious attempts to implement the provisions of the present Convention. His country had done a number of positive things which had seldom been mentioned by others in the present Committee.

The speaker did not propose to read the written information in the present Committee, but he felt that he needed to expand on some of the details.

He referred to the fact that the Romanian history was that of a people which had established its unity, acquired its independence through its own endeavours. As his country approached the third millenium it hoped to do so among the ranks of developed countries. Forty-five years ago, when the country had been liberated, it was a predominantly agricultural society. The liberation had put an end to long periods of foreign domination which had resulted in a heavy drain on the resources of the country. Since that time the Government had made great efforts to extricate the country from its state of underdevelopment. Substantial progress had been made. There was a strong industrial sector and the agricultural sector was also highly developed. Many major development projects were under way or had recently been completed. During the last 20 years, approximately 3.4 million houses had been built with State funding, while hundreds of thousands of families had private houses built, both in the country and in the cities, with the result that more than 80 per cent of the country's population lived in new housing.

Turning to "rural systematisation", he explained that 20 years before the Government had begun to reorganise the administrative system. This had been done on the basis of treating towns and cities as the basic administrative units. This was not unique to his country - it had happened in many parts of Europe. At the end of the war, 80 per cent of the population had been rural and worked in agriculture. Now only 28 per cent were engaged in agriculture. The consequent influx to the towns meant that it was necessary to provide housing and other infrastructure. The Government was now trying to improve conditions in the rural areas. This included the construction of houses, schools, factories, cultural facilities and shops. The long-term objective was to improve conditions in the rural sector, not to destroy them. Turning to the nationality issue, the speaker noted that his country was a unitary state. The existence of nationalities was the result of an historical evolution. The Government which had been in power after 1948 had worked to guarantee equal rights to all citizens by suppressing previous inequalities. The authorities also had made sure that the situation and circumstances - linked to Hitlerism - which prevailed in Europe immediately after 1944 had no consequences for Romanian citizens of German and other nationalities. According to the 1977 enumeration, the population structure was as follows:

- Romanians 89.1 %

- Hungarians 7.7%

- Germans 1.5 %

- Others (Serbs, Jews, Ukrainians, Tartars, Russians, Bulgarians) 1.7%

The last statistical data showed that Romanians represented 91 per cent of the whole population.

Romania had established a single legislative and legal system for the whole population, had only one category of central and local organs - of power and justice. This made Romania different from multi-national States which had official bodies both at the level of Federation and Republic, having distinct attributions and structure, as mentioned in the Constitution.

In conformity with article 17 of the Constitution and Romanian laws, Romanian citizens had equal rights in all fields of economic, political, legal, social and cultural life, without distinction based on nationality, race, sex or religion.

Any demonstration prejudicing fundamental rights and obligations by reason of nationality, race, sex or religion, as well as nationalistic and chauvinistic propaganda with a view to fomenting racial or national hatred were severely punished by the legislation.

The speaker illustrated this by reference to the parliamentary representation of the various racial groups, which mostly mirrored their representation in the population as a whole. He said that there was full freedom to use the mother tongue in education. The same principle applied to cultural and artistic institutions. There were several publishing houses for books and periodicals in the minority languages, and also a number of cultural institutions which catered specifically for the interests of the minorities.

Another Government representative of Romania stated that he was engaging in the same exercise as the one in which he had participated at the United Nations Commission on Human Rights, that is, a hostile and defamatory campaign directed against both the foundations of the socialist regime in Romania and the territorial situation in this part of Europe. Delegates from France, the United Kingdom and Hungary had supported their theses by invoking abundant testimony and images carried by the media of these countries, but this was really an inadmissible manipulation of words and images. They are manipulated and even fabricated to serve the objectives of the anti-communist and revisionnist campaign organised against Romania. With regard to the allegation of cultural genocide, genocide by some countries represented at this Committee, perpetrated against the peoples of Africa and Asia who had, in some cases, lost their language and their culture, should rather be recalled. It was significant that the representatives of Hungary to this Committee - Government, Employers and Workers - had welcomed the report and the statements that had been made. There was no reason to be surprised at this because the anti-socialist, anti-Romanian, nationalist and revisionist manifestations in Budapest continued and had been the same for some time now. Such an action turned into a fascist demonstration.

The Government member of Hungary stated that he could not accept his country being offended. He asked the Chairman to tell the Government representative of Romania to speak about the observance of Convention No. 111 in Romania.

The Chairman of the Committee stated that this expressed the will of the Committee.

The Government representative of Romania considered that protection of minorities had always served as a pretext, even before the war, for the Hungarian revisionist circles. He noted that it was now the Government, the employers and the workers of Hungary who made themselves the promoters of revisionism. Some representatives of western governments, employers and workers had joined in the hostile campaign directed against his country on the subject of minorities. According to the speaker, the representative of France had forgotten that in that country the very notion of minority did not exist and that, for example, the blood had not stopped flowing in the overseas departments and territories.

A Worker member of France stated that the responsibility of the Government of France was one thing, but questions had been posed on the problems concerning the situation of workers in a given country - workers who had been harassed and were the object of discrimination - and as of now, nothing had demonstrated the contrary.

The Government representative of Romania concluded his statement by saying that if there was a problem of minorities, it was not in Romania but in Budapest. This city was the base of the "Hungarian Democratic Forum" which had produced the "report" taken up by "Force ouvrière". The Hungarians of Romania enjoyed the same rights as and full equality as citizens of Romanian origin. This problem concerning minorities had, therefore, been completely fabricated. The speaker rejected the allegations which were based on manipulative media images and abuses of language. With regard to the dialogue between the deaf which had been alluded to, the speaker stated that his Government had on many occasions - among them before the Committee on Human Rights - made varied declarations citing numerous facts, figures and arguments to show the actual situation in his country in various spheres, but they had not been taken into account. Therefore, there was in fact a dialogue between the deaf which would continue as long as the hostile campaign orchestrated against his country lasted. The speaker repeated that the resolution adopted by the Committee on Human Rights and initiated by Sweden was null and void. The Romanian delegation strongly rejected the allegations based on distorted views of realities and the defamation of the political and factual situation in Romania contained in the document of the "Hungarian Democratic Forum", and denounced its nationalistic, chauvinistic, irredentist and revisionist character. The delegation rejected categorically any interpretation pointing to an alleged violation of the present Convention. Moreover, no question of a mission of inquiry on the spot in Romania, which had no reason to take place.

A Government member of the Ukrainian SSR, speaking also on behalf of the Government members of the Byelorussian SSR and the USSR, stated that they would not take part in any decision taken on this case by the present Committee.

A Government member of Hungary stated, in connection with the declaration of the Government representative of Romania, that in recent times relations between Romania and Hungary had developed in such a manner that it was no longer unusual to hear such speeches in which the tone and content had nothing to do with the facts.

A Worker member of the USSR, speaking as well on behalf of the Workers' members of the Byelorussian SSR and the Ukrainian SSR, stated that they could not take part in the taking of a decision on this case.

A Employer member of the USSR wished to associate himself with the other members of the present Committee who had indicated that they would not participate in the taking of a decision on this question.

A Government member of the German Democratic Republic declared that, in spite of all the difficulties that had been mentioned, he thought that the reasonable solution to the problem lay in a dialogue. Therefore his delegation would not take part in a vote on this case.

The Employers' members, referring to the statements of the two Government representatives of Romania who had spoken most recently. said that even though long, irrelevant statements were not unusual in the present Committee, some of the statements made by the Government representatives in this case had been utterly inappropriate. The impression had been given that the Committee was to be exposed to ridicule, and they took it as an affront to the Committee to have put the systematic violation of the rights of ethnic minorities on an equal footing with conferences and symposia on urban and rural planning. The Government had, in their view, mentioned in a somewhat threatening manner, that there were statements by other European bodies that saw things quite differently. They wished to refer the Government to statements made by the European Parliament, which had confirmed the very bad situation in Romania and had set forth additional facts on the matter. The Employers' members regretted the Government's rejection of the idea of a mission that would have clarified the facts on the spot; that rejection had only confirmed the impression that Romania had a great deal to conceal. They asked that, none the less, the request for a mission, presented by many members, be included in the present Committee's conclusions.

The Government representative of Romania wished to state first that the Romanian delegation had come before the Committee in a spirit of constructive dialogue in order to set forth the actual conditions in his country. Secondly, the terms and descriptions used by several members in relation to Romania had been totally unacceptable. Thirdly, the conclusions, and especially the proposal of a special paragraph, were also unacceptable; the speaker rejected these decisions along with his rejection of the idea of an inquiry and of a review which was proposed in this case, which is totally unjustified. Romania was an independent, sovereign country which always welcomed persons of good will and good faith, but it did not accept any review or inquiry on its territory.

The Committee took note of the information provided orally and in writing by the Government, as well as of the discussion in the Committee. The Committee noted with great concern, that in their comments, the Committee of Experts had noted the persistence of serious divergencies between the law and practice on the one hand and the provisions of the Convention, particularly concerning political opinion and social origin. The Committee also noted the allegations and information which gave rise to concern about the situation regarding national origin. The Committee expressed its firm hope that the Government would, in the very near future, take all the measures necessary to ensure full observance of the Convention and that these measures would take due account of the Committee of Experts' observations. The Committee requested the Government to receive a study mission to establish the facts and to report to the Committee of Experts. The Committee also requested the Government to provide to the Committee of Experts the detailed information it requested. The Committee fervently hoped to be able to see real and notable progress in the near future on the application of the Convention in law and practice.

On the proposal of the Workers' and Employers' members, the Committee decided to include the case in a special paragraph of its report.

The Government representative of Romania wished to state first that the Romanian delegation had come before the Committee in a spirit of constructive dialogue in order to set forth the actual conditions in his country. Secondly, the terms and descriptions used by several members in relation to Romania had been totally unacceptable. Thirdly, the conclusions, and especially the proposal of a special paragraph, were also unacceptable; the speaker rejected these decisions along with his rejection of the idea of an inquiry and of a review which was proposed in this case, which is totally unjustified. Romania was an independent, sovereign country which always welcomed persons of good will and good faith, but it did not accept any review or inquiry on its territory.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28). The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only. The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16). The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws. The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Discrimination based on religion. Access to education, training and employment. The Committee notes, from the European Commission’s website, that a draft bill to amend the Romanian Education Law was filed on 2 December 2017 and received a positive advisory opinion from the Economic and Social Council on 9 January 2018. The bill proposes the following additions to section 7 of the Education Law: “for the purpose of facilitating the identification of persons in educational units, institutions and all spaces used for education and professional training, it is prohibited to cover one’s face with any material which make it difficult to recognize the face, except for medical reasons. Infringement of these provisions constitutes a reason to deny access to the perimeter of the educational units, institutions and spaces for education and professional training.” The sanction, introduced as an amendment to section 360(1) of the Education Law would be a fine ranging from 5,000 to 50,000 Romanian Leu (RON) (approximately €1,100 to €11,000). The Committee notes that, if adopted, this new provision will be discriminatory towards those Muslim women and girls who wear a full face veil in terms of their access to educational or training institutions and might therefore limit their opportunities to find and exercise employment in the future – for reasons associated with their religious convictions, contrary to the Convention. Noting that this provision of the draft bill may have a discriminatory effect towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to provide information on: how it is ensured that this provision of the draft bill will not have the effect of reducing the opportunities of girls and women to access education and finding employment in the future; (ii) the progress of the draft bill in the legislative process; and (iii) to supply information on the number of girls and women who might be affected by the implementation of this new provision.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that “to hold public office a person shall meet the following conditions: ... (j) shall not have been carrying out an activity in the political police as defined by the law”, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In its previous report, the Government had explained that, in order to clarify the legal norm and remove any possible inconsistency with the Convention, it had proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows:“… was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation». According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. While understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee had drawn attention to the fact that, for such measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership to a particular group or community. They must refer to activities that are objectively prejudicial to the security of the State and the individual concerned must have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey on the fundamental Conventions, paragraphs 832–835). The Committee therefore requested the Government to specify and define the functions in respect of which section 54(j) of Act No. 188/1999 would apply and to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information in this regard. It notes, however, that the European Court of Human Rights (ECHR) (Naidin v. Romania, No. 38162/07) held that the barring of a former collaborator of the political police from public service employment was justified by the loyalty expected from all civil servants towards the democratic regime. In this regard, the Committee recalls that, under Article 1(2), political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case of section 54(j) given that it applies to any state civil service position, whatever the level of responsibility. Further, the Committee recalls that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly. The Committee urges the Government to take the necessary steps to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected pursuant to this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

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

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849).The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28).The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only.The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16).The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws.The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Discrimination based on religion. Access to education, training and employment. The Committee notes, from the European Commission’s website, that a draft bill to amend the Romanian Education Law was filed on 2 December 2017 and received a positive advisory opinion from the Economic and Social Council on 9 January 2018. The bill proposes the following additions to section 7 of the Education Law: “for the purpose of facilitating the identification of persons in educational units, institutions and all spaces used for education and professional training, it is prohibited to cover one’s face with any material which make it difficult to recognize the face, except for medical reasons. Infringement of these provisions constitutes a reason to deny access to the perimeter of the educational units, institutions and spaces for education and professional training.” The sanction, introduced as an amendment to section 360(1) of the Education Law would be a fine ranging from 5,000 to 50,000 Romanian Leu (RON) (approximately €1,100 to €11,000). The Committee notes that, if adopted, this new provision will be discriminatory towards those Muslim women and girls who wear a full face veil in terms of their access to educational or training institutions and might therefore limit their opportunities to find and exercise employment in the future – for reasons associated with their religious convictions, contrary to the Convention.Noting that this provision of the draft bill may have a discriminatory effect towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to provide information on: how it is ensured that this provision of the draft bill will not have the effect of reducing the opportunities of girls and women to access education and finding employment in the future; (ii) the progress of the draft bill in the legislative process; and (iii) to supply information on the number of girls and women who might be affected by the implementation of this new provision.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that “to hold public office a person shall meet the following conditions: ... (j) shall not have been carrying out an activity in the political police as defined by the law”, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In its previous report, the Government had explained that, in order to clarify the legal norm and remove any possible inconsistency with the Convention, it had proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows:“… was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation». According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. While understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee had drawn attention to the fact that, for such measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership to a particular group or community. They must refer to activities that are objectively prejudicial to the security of the State and the individual concerned must have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey on the fundamental Conventions, paragraphs 832–835). The Committee therefore requested the Government to specify and define the functions in respect of which section 54(j) of Act No. 188/1999 would apply and to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information in this regard. It notes, however, that the European Court of Human Rights (ECHR) (Naidin v. Romania, No. 38162/07) held that the barring of a former collaborator of the political police from public service employment was justified by the loyalty expected from all civil servants towards the democratic regime. In this regard, the Committee recalls that, under Article 1(2), political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case of section 54(j) given that it applies to any state civil service position, whatever the level of responsibility. Further, the Committee recalls that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly.The Committee urges the Government to take the necessary steps to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected pursuant to this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

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

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28). The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only. The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16). The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws. The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Discrimination based on religion. Access to education, training and employment. The Committee notes, from the European Commission’s website, that a draft bill to amend the Romanian Education Law was filed on 2 December 2017 and received a positive advisory opinion from the Economic and Social Council on 9 January 2018. The bill proposes the following additions to section 7 of the Education Law: “for the purpose of facilitating the identification of persons in educational units, institutions and all spaces used for education and professional training, it is prohibited to cover one’s face with any material which make it difficult to recognize the face, except for medical reasons. Infringement of these provisions constitutes a reason to deny access to the perimeter of the educational units, institutions and spaces for education and professional training.” The sanction, introduced as an amendment to section 360(1) of the Education Law would be a fine ranging from 5,000 to 50,000 Romanian Leu (RON) (approximately €1,100 to €11,000). The Committee notes that, if adopted, this new provision will be discriminatory towards those Muslim women and girls who wear a full face veil in terms of their access to educational or training institutions and might therefore limit their opportunities to find and exercise employment in the future – for reasons associated with their religious convictions, contrary to the Convention. Noting that this provision of the draft bill may have a discriminatory effect towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to provide information on: how it is ensured that this provision of the draft bill will not have the effect of reducing the opportunities of girls and women to access education and finding employment in the future; (ii) the progress of the draft bill in the legislative process; and (iii) to supply information on the number of girls and women who might be affected by the implementation of this new provision.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that “to hold public office a person shall meet the following conditions: ... (j) shall not have been carrying out an activity in the political police as defined by the law”, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In its previous report, the Government had explained that, in order to clarify the legal norm and remove any possible inconsistency with the Convention, it had proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows: “… was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation”. According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. While understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee had drawn attention to the fact that, for such measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership to a particular group or community. They must refer to activities that are objectively prejudicial to the security of the State and the individual concerned must have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey on the fundamental Conventions, paragraphs 832–835). The Committee therefore requested the Government to specify and define the functions in respect of which section 54(j) of Act No. 188/1999 would apply and to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information in this regard. It notes, however, that the European Court of Human Rights (ECHR) (Naidin v. Romania, No. 38162/07) held that the barring of a former collaborator of the political police from public service employment was justified by the loyalty expected from all civil servants towards the democratic regime. In this regard, the Committee recalls that, under Article 1(2), political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case of section 54(j) given that it applies to any state civil service position, whatever the level of responsibility. Further, the Committee recalls that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly. The Committee urges the Government to take the necessary steps to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected pursuant to this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

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

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

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

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28). The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only. The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16). The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws. The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.

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

Articles 1 and 2 of the Convention. Discrimination based on religion. Access to education, training and employment. The Committee notes, from the European Commission’s website, that a draft bill to amend the Romanian Education Law was filed on 2 December 2017 and received a positive advisory opinion from the Economic and Social Council on 9 January 2018. The bill proposes the following additions to section 7 of the Education Law: “for the purpose of facilitating the identification of persons in educational units, institutions and all spaces used for education and professional training, it is prohibited to cover one’s face with any material which make it difficult to recognize the face, except for medical reasons. Infringement of these provisions constitutes a reason to deny access to the perimeter of the educational units, institutions and spaces for education and professional training.” The sanction, introduced as an amendment to section 360(1) of the Education Law would be a fine ranging from 5,000 to 50,000 Romanian Leu (RON) (approximately €1,100 to €11,000). The Committee notes that, if adopted, this new provision will be discriminatory towards those Muslim women and girls who wear a full face veil in terms of their access to educational or training institutions and might therefore limit their opportunities to find and exercise employment in the future – for reasons associated with their religious convictions, contrary to the Convention. Noting that this provision of the draft bill may have a discriminatory effect towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to provide information on: how it is ensured that this provision of the draft bill will not have the effect of reducing the opportunities of girls and women to access education and finding employment in the future; (ii) the progress of the draft bill in the legislative process; and (iii) to supply information on the number of girls and women who might be affected by the implementation of this new provision.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that “to hold public office a person shall meet the following conditions: ... (j) shall not have been carrying out an activity in the political police as defined by the law”, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In its previous report, the Government had explained that, in order to clarify the legal norm and remove any possible inconsistency with the Convention, it had proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows: “… was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation”. According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. While understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee had drawn attention to the fact that, for such measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership to a particular group or community. They must refer to activities that are objectively prejudicial to the security of the State and the individual concerned must have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey on the fundamental Conventions, paragraphs 832–835). The Committee therefore requested the Government to specify and define the functions in respect of which section 54(j) of Act No. 188/1999 would apply and to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information in this regard. It notes, however, that the European Court of Human Rights (ECHR) (Naidin v. Romania, No. 38162/07) held that the barring of a former collaborator of the political police from public service employment was justified by the loyalty expected from all civil servants towards the democratic regime. In this regard, the Committee recalls that, under Article 1(2), political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case of section 54(j) given that it applies to any state civil service position, whatever the level of responsibility. Further, the Committee recalls that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly. The Committee urges the Government to take the necessary steps to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected pursuant to this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 4 of the Convention. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by former section 50 (now section 54(j)) of Act No. 188/1999 on civil servants could amount to discrimination on the basis of political opinion. In this respect, the Committee pointed out that section 54(j) of Act No. 188/1999 applies broadly to the entire public service rather than to specific jobs, functions or tasks. The Committee notes the Government’s explanations regarding the decision of the Constitutional Court and that the case is currently pending before the European Court of Human Rights (Naidin v. Romania, No. 38162/07). The Government indicates that in order to clarify the legal norm and remove any possible inconsistency with the Convention, it has proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows: “was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation”. According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. In this context, while understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee would like to recall that for measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership of a particular group or community. They have to refer to activities qualifiable as prejudicial to the security of the State and the individual concerned shall have the right to appeal to a competent body in accordance with national practice (see General Survey on the fundamental Conventions, 2012, paragraphs 832–835). The Committee recalls that this exception should be interpreted strictly. Recalling that political opinion may be taken into account as an inherent requirement, under Article 1(2) of the Convention, only for certain posts involving special responsibilities directly concerned with developing government policy, the Committee requests the Government to provide information on the measures taken to clearly specify and define the functions in respect of which section 54 (j) of Act No. 188/199 would apply. Bearing in mind the conditions in which Article 4 of the Convention can be invoked, the Committee requests the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including any available data on the number of candidates for a civil servant position whose application has been rejected on the basis of these provisions, indicating the reasons for this rejection, and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged.

Article 2. National policy of equality. The Committee notes that Government Ordinance No. 137/200 on Preventing and Punishing all Forms of Discrimination was amended by Emergency Ordinance No. 19/2013 approved by Law No. 189/2013 of 26 June 2013, and by Law No. 61/2013 of 21 March 2013, with respect to, inter alia, genuine occupational requirements, the sharing of burden of proof and the increase of fines. The Committee notes from the Government’s report the wide range of preventive measures taken by the National Council for Combating Discrimination (CNCD) in the field of education, employment and occupation within the framework of its National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13), such as awareness raising campaigns, roundtables and training on non-discrimination and equality. The Committee also notes the detailed information provided by the Government on the promotion of ethics and equal opportunities and treatment in the civil service, including through guidelines, the Code of Conduct for civil servants, recruitment procedures and a policy proposal entitled “Development of ethical standards in the system of public administration” developed by the National Agency of Civil Servants (NACS). The Committee further notes that the Government has submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct which contains provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma”. The Committee requests the Government to continue to provide information on the legislative and practical measures taken at the national and local levels, including measures to combat stereotypes and prejudice and promote mutual tolerance, as well as on the activities carried out by the CNCD to promote equality and eliminate discrimination on the basis of any of the grounds enumerated by the Convention and by the national legislation. The Committee hopes that the draft Law amending and supplementing Law No. 7/2004 will contain comprehensive definitions of discrimination and sexual harassment, including both quid pro quo and hostile environment harassment, and requests the Government to provide a copy of the law once adopted. Please continue to provide information on the measures taken to promote equality in the public service.

Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government for 2012, the high proportion of women in the civil service whereas their participation in the private sector remains low (39 per cent in fully private entities and 28 per cent in entities with a majority private ownership). The Committee notes the Government’s indication that it is taking active measures to promote the employment of women, including specific measures for women belonging to vulnerable groups (graduates, young women at risk of social exclusion, women with disabilities, women over 45, Roma women, etc.). The Government also indicates that increasing the participation of women in the labour market, including through support measures to reconcile work and family, promote entrepreneurship and the “Second Chance” programme to acquire skills required by the labour market, as well as job scholarships for women and measures to combat occupational gender stereotypes, is one of the goals set by the National Strategy for Boosting Employment 2014–20 (NSBE). The Committee requests the Government to provide information on the concrete measures taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, under the NSBE as well as any assessment made and results achieved. The Committee requests the Government to provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men and the Department for Equal Opportunities between men and Women created in 2014 within the Ministry of Labour. Please provide full statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level. The Committee reiterates its request for information with respect to the review of the clauses addressing work and family issues in collective agreements that provide certain entitlements and arrangements only to mothers.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. The Committee notes the persistent disparities in education and employment levels between Roma and non-Roma persons. The Committee notes that, according to the European Commission against Racism and Intolerance (ECRI), “notwithstanding steps taken by the authorities towards combatting school segregation and discrimination towards Roma pupils, these two phenomena remain a serious reason for concern” (CRI(2014)19, 3 June 2014, paragraph 116). The Commissioner for Human Rights of the Council of Europe also observed that there is a continuing practice of segregating Roma children within the class or the school leading to school drop-outs, and that the number of trained school mediators has decreased (CommDH(2014)14, 8 July 2014, paragraphs 175–180). With respect to employment, the Committee notes that, in 2011, the unemployment rate (15–64 years) for Roma was estimated at 33 per cent compared with 18 per cent for non-Roma (43 per cent for Roma women and 21 per cent for non-Roma women) (Regional Roma Survey 2011, UNDP/WB/EC). The Committee welcomes the detailed information provided by the Government on active labour market measures taken by the National Agency for Employment from 2010 to 2013 to promote equal opportunities and access to employment for Roma. It notes however that despite the relatively high number of beneficiaries (from 57,000 to 72,000 each year), the number of persons actually entering employment as a result of these measures remains low and declined over the reporting period (from 6,696 in 2010 to 4,655 in 2013). The Committee notes from the ECRI’s report that a new Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) was adopted on 14 December 2011, replacing the 2011 Strategy and pursuing the same goals with respect to the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. It further notes that the ECRI underlines the difficulties encountered in implementing the previous and current strategies, including the lack of funds and coordination between the actors concerned (CRI(2014)19, paragraphs 109–110). The Committee requests the Government to provide information on the measures taken to assess the extent of and effectively address school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. The Committee encourages the Government to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and requests the Government to continue providing information on the measures taken in this regard in collaboration with the social partners, including within the framework of the 2012–20 Strategy, and the results achieved, as well as any information available on the assessment of the 2011 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee requests the Government to provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee notes from the CNCD’s report of activity for 2013 that 858 complaints were examined in 2013 (548 in 2012) of which 53.5 per cent related to access to employment and occupation. The Committee notes from the Government’s report that the number of cases heard and tried under Ordinance No. 137/2000 in the field of employment and occupation, where the CNCD acted as an expert on discrimination decreased to 550 in 2013 (746 in 2012 and 1152 in 2010). The Committee notes the Government’s indication that the Constitutional Court issued a decision (No. 997/2008) which declared unconstitutional section 20(3) of Ordinance No. 137/2000, thereby preventing the CNCD from invalidating discriminatory laws. Therefore, the CNCD while examining claims alleging discrimination deriving directly from the content of a legal provision in the field of employment and occupation, does not have the competency to determine such cases. The Committee also understands that the same restriction applies to the civil courts. The Committee requests the Government to continue to provide information on the discrimination cases examined by the CNCD, specifying any further changes to legislation or court decisions that would affect its competency to examine cases relating to discrimination in employment and occupation. In this context, the Committee requests the Government to indicate how the protection of workers against discrimination is enforced when discrimination derives directly from the content of discriminatory legal provisions. Please also indicate whether the civil courts are competent to determine claims alleging discrimination resulting from discriminatory legal provisions and, if not, how victims of such discrimination can avail themselves of their right to non-discrimination. Please provide information on cases of discrimination either recorded or detected by the labour inspection services, as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. National policy of equality. The Committee notes the objectives of the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13) with respect to employment and occupation. In this context, the National Council for Combating Discrimination (NCCD) is responsible for reviewing the Government’s economic and social policies to assist vulnerable groups in the light of the principle of non discrimination with a view to: assessing needs in the area of positive action; developing information and awareness-raising programmes on legislation pertaining to discrimination, as well as codes of conduct for both private and public employers; encouraging workers’ and employers’ organizations to implement measures designed to prevent discrimination at the workplace; and putting in place a strategy to collect and analyse data on discriminatory practices. Welcoming these developments, the Committee requests the Government to provide information on the activities carried out by the NCCD in accordance with the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13), and to communicate a copy of the annual reports of the NCCD on discrimination trends in employment and occupation.

Equality of opportunity and treatment between men and women. The Committee notes the detailed statistics submitted by the Government on the number of men and women in the public service. In 2010, women accounted for about 65 per cent of public servants, of which more than 57 per cent held a managerial position. It also notes that at the local administration level the share of posts occupied by women ranged from between 9.5 and 15.37 per cent for the 2004–08 period and between 4.7 and 12.6 per cent at the beginning of the 2008–12 period, respectively, indicating a drop in the participation of women at all levels. The Committee also notes the activities carried out in 2007 in the area of equal opportunity between men and women as part of the European Year of Equal Opportunity for All (organization of training sessions for public servants, participation in seminars and meetings at both national and international levels). As regards the private sector, the Committee takes note of the information that the National Agency for Equal Opportunities for Women and Men benefited from human resources development programmes, and that women accounted for approximately 58 per cent of participants in training programmes in 2009. Noting however that the Government’s report does not contain any statistics on the employment of women and men in the private sector, the Committee requests the Government to provide this information. The Committee also requests the Government to submit information on any measures taken to guarantee equal opportunities between women and men with respect to access to education, vocational training and employment, in particular on all measures designed to improve equal opportunities for women in rural areas and women from minority groups, especially within the framework of the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13).

With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are not applicable to fathers, the Committee asks the Government once again to elaborate on its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any measures are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to women and men on an equal footing.

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information, including statistics, provided by the Government on the results achieved in promoting access of men and women belonging to the Roma community to employment and occupation for the years 2008, 2009 and the first quarter of 2010. It notes that in 2009 the number of persons from the Roma community who entered employment dropped significantly compared to 2008, declining from 13,130 persons to 7,734 persons. The Committee encourages the Government to further equal opportunities among the Roma community and promote their access to employment and vocational training, and requests the Government to continue providing information on the measures taken in this regard in collaboration with the social partners. The Committee also asks the Government to take the necessary steps to ensure that the progress made in promoting equal opportunities of members of the Roma community in employment and occupation are not undermined due to a lack of resources or appropriate funding.

Enforcement of the anti-discrimination legislation. The Committee notes that according to the information provided by the Government for 2007, 2008 and 2009, the complaints lodged with the NCCD mainly concerned employment and occupation. It notes a significant reduction in the number of complaints between 2007 and 2009: 445 in 2007, 409 in 2008 and 247 in 2009. The Committee also notes that the NCCD has participated in court proceedings as an expert in discrimination matters. The Committee requests the Government to continue to provide information on the discrimination cases examined by the NCCD, specifying the reasons for the decrease in the number of complaints registered in 2009. The Government is also asked to provide information on cases of discrimination either recorded by the labour inspection services, or brought to their attention, as well as on any legal ruling relevant to the issues of discrimination in employment or occupation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination based on political opinion – inherent requirements of the job. In its previous observations, the Committee had drawn the Government’s attention to section 50 of Act No. 188/1999 on civil servants, as amended and reissued in 2004, which provides that “to hold public office a person shall meet the following conditions: [...] (j) shall not have been carrying out an activity in the political police as defined by the law”. It had requested the Government to supply information on what constituted an “activity in the political police” and on the application of section 50 of the Act in practice. The Committee notes that, according to the Government, the provision in question, i.e. section 54(j) of Act No. 188/1999 in its updated version, should be interpreted in the context of the Emergency Ordinance No. 24/2008 concerning access to an individual’s personal file and the disclosure of the Securitate as the political police. According to the Government, the applicable legislation no longer mentions “political police” but now refers to “employees of Securitate” and to “collaborators of Securitate”. Ordinance No. 24/2008 defines an “employee of Securitate” as being “any person having served as officer or non-commissioned officer in the Securitate or Militia, including as an undercover agent, with responsibility in security matters between 1945 and 1989, conducting activities that suppressed or restricted freedoms and fundamental rights”; and a “collaborator of Securitate” as being “any person having provided information, in whatever form, such as notes and written reports, as well as oral reports recorded by security employees denouncing activities and behaviour hostile to the totalitarian communist regime, which sought to restrict freedoms and fundamental rights”. Furthermore, the Committee notes that an appeal was lodged with the Constitutional Court against the provision of Act No. 188/1999 in question, and that the Court dismissed the claim that it was unconstitutional in 2006 (Ruling No. 41/2006 of 24 January 2006). The Committee nevertheless considers that, in view of the fact that it applies to all posts in the public service, the exclusion provided for under section 54(j) is not adequately defined or limited and might cause discrimination in employment based on the person’s political opinion. The Committee requests the Government to take the necessary steps to ensure that section 54(j) of Act No. 188/1999 on civil servants is revised, to ensure that the requirements for being a candidate for a civil service post are based on the skills required for a specific job, in the strict sense of the term, in accordance with Article 1(2) of the Convention. Meanwhile, it asks the Government to provide information on the application of this article in practice, particularly on the number of persons whose candidature to a civil service post might have been set aside under section 54(j) of Act No. 188/1999.

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

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

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information provided by the Government on the results achieved in promoting access of men and women belonging to the Roma community to employment and occupation. The Committee notes with interest that the Government has compiled and provided statistical information on the level of participation of Roma in the various employment promotion measures and on the extent to which these resulted in actual employment. The Committee notes that in 2007, a total of 45,656 Roma benefited from active labour market measures. Out of these, 11,060 Roma men and 9,927 Roma women subsequently obtained employment. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of the Roma with respect to employment and occupation, including statistical information, disaggregated by sex, on the level of participation of Roma in the relevant programmes and the number of Roma employed, after having benefited from such programmes.

Equality of opportunity and treatment of women and men. The Committee notes the information provided by the Government on the activities of the National Agency for Equal Opportunities for Women and Men (ANES) in 2007 and 2008, including measures to promote awareness of the equality legislation, conferences and seminars, and training labour inspectors on equal opportunities. The Committee also notes that ANES has signed cooperation agreements with the National Employment Agency and the National Agency for the Roma. The Committee requests the Government to continue to provide information on the measures taken by the various competent bodies to promote gender equality in employment and occupation, including measures to ensure women’s equal access to management positions and to employment in the broadest possible range of occupations and economic sectors. The Committee also requests the Government to provide statistical information on the position of men and women in the labour market, including data on women’s participation in the various economic sectors and occupations, as well as in management positions.

The Committee notes that some of the provisions of collective agreements provided by the Government address work and family issues, including working time and leave arrangements for parents. The Committee notes that some of these measures are not available to fathers. For instance, the collective agreement for the mining industry provides in section 71(2) that women caring for children under the age of six have the right to work half time, if they do not have access to a crèche or kindergarten, and such periods are considered full-time work for the purpose of calculating seniority. A similar provision is contained in section 126 of the collective agreement for the automobile construction sector. A number of collective agreements contain provisions granting women the right to shorter working hours to care for children and the right to additional leave days to care for an ill child. These rights are available to men only when the child’s mother is deceased. While noting that such provisions may be well-intentioned and seen as corresponding to needs of women who continue to bear an unequal burden of family responsibilities, the Committee is concerned that they may also raise issues with respect to equality of opportunity and treatment. Such provisions may reinforce and prolong social attitudes that hinder the realization of gender equality, while, at the same time, excluding men from certain rights and benefits. The Committee requests the Government to elaborate on its views concerning the compatibility of the above or similar provisions with the principle of equality of opportunity and treatment, and on whether any measures are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to women and men on an equal footing.

Enforcement of the anti-discrimination legislation. The Committee notes that according to the Government’s report, 23,975 labour inspections were carried out between January and September 2007, in order to verify compliance with Act No. 202/2002 on equal opportunities for women and men. In 552 cases warnings were issued, while fines were imposed in eight cases. A large number of these cases related to section 8 of the Act (obligation to ensure equal opportunities between men and women workers and to inform workers of their equality rights) and section 12 (obligation to prevent discrimination). During the same period, the labour inspectorate received ten complaints concerning the Act. According to the report, although the labour inspectorate was engaged in awareness-raising and information activities women did not sufficiently know their rights, were afraid of lodging complaints, or lodged complaints which did not include the required information.

With regard to the enforcement of Ordinance No. 137/2000 on preventing and punishing all forms of discrimination, the Committee notes that the National Council for Combating Discrimination (NCCD) received 446 complaints regarding discrimination in employment and occupation, and other economic activities. In 52 of these cases, the NCCD found that there was discrimination. In 23 cases sanctions were imposed; 12 of these cases were work related. The Government concludes that there was a need to continue to raise awareness among workers and employers of their rights and obligations, respectively, under the equality legislation. The Committee requests the Government:

(i)    to step up its efforts to promote public awareness of the existing laws, procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation, and to provide more detailed information on the specific action taken in this regard. Please also indicate any measures taken to assist victims of discrimination, including members of the Roma community, to bring discrimination cases;

(ii)   to indicate whether and how information concerning discrimination cases brought before the NCCD, the labour inspection services and the courts relating to employment and occupation are currently being collected and made available to the public, and to provide information concerning such cases in its next report, indicating the grounds of discrimination concerned as well as the outcomes of these cases.

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

Discrimination based on political opinion – inherent requirements of the job. In its previous observations, the Committee drew the Government’s attention to section 50 of Act No. 188/1999 on civil servants, as amended and reissued in 2004, which provides that “to hold public office a person shall meet the following conditions: … (j) [shall] not have been carrying out an activity in the political police as defined by the law”. The Committee noted that this restriction regarding entry into the civil service may go beyond what would be a justifiable exclusion in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention.

The Committee cannot but regret that for the second consecutive time, the Government has failed to reply to the Committee’s comments on this matter. It recalls that without the cooperation of governments, it is unable to fulfil the mandate entrusted to it. The Committee, therefore, requests the Government once again to supply information on what constitutes an “activity in the political police” under section 50(j) of Act No. 188/1999, as amended, including relevant laws and judicial decisions, and to provide detailed information on the rationale and practical application of this provision, including the number of persons that have been excluded from the civil service on this basis.

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

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

1. Equal access of the Roma to education and training. The Committee notes that the Government’s report contains no information concerning measures taken to promote the access of the Roma in education and training, on an equal footing with other parts of the population. Recalling that the enjoyment of equality of opportunity and treatment in these areas is a fundamental precondition for equality for achieving equality employment and occupation, the Committee reiterates its request to the Government to provide information on the measures taken to promote access of the Roma to education at the different levels, including education provided in their mother tongue.

2. Position of men and women in the labour market. The Committee notes that according to data compiled by the ILO the position of men and women in the labour market remained relatively unchanged between 2003–06, with continuing gender-based occupational segregation, both horizontal and vertical. In 2006, women represented 45 per cent of the economically active population (44.8 per cent in 2003). They continue to be over-represented in education, health and social work, and the hotel and restaurant sectors. With regard to the distribution of men and women in the various occupational groups, the Committee notes that in 2006 women’s share among legislators, senior officials and managers was 30.3 per cent, down from 31.2 per cent in 2003. Women’s share among crafts and related trade workers was at 26.5 per cent (27.4 per cent in 2003). The representation of women in the group of sales and service workers slightly decreased to 64.9 per cent in 2006 from 67.3 per cent in 2003. Women’s representation in the group clerks remains very high at around 70 per cent. As regard status of employment, the share of women among contributing family workers remains disproportionate, their proportion slightly decreasing from 71.2 to 69.1 per cent.

3. The Committee notes that the Government approved the National Strategy and General Plan of Action for Equal Opportunities of Women and Men for 2006‑09 (Decision No. 319 of 8 March 2006). The action plan envisages the launching of information campaigns on equality in the labour market; promotion of equal access of men and women to initial and lifelong learning; promotion of women and men’s access to economic activities in which they have low participation; promotion of the principle of equal remuneration for work of equal value; promotion of flexible working time; action to increase transparency at all levels of promotion; and identification of employment opportunities for women at risk of social exclusion. The Committee requests the Government to provide detailed information on the specific measures taken:

(a)       under the National Strategy and General Action Plan for 2006–09 to achieve gender equality in employment and occupation as outlined above, including action taken to tackle the existing gender-based occupational segregation in the labour market, including through vocational training and guidance; and

(b)      to seek the collaboration of workers’ and employers’ organizations with a view to promoting and achieving gender equality in employment and occupation, as well as information on how gender equality issues are being addressed in collective agreements and at the enterprise level.

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

1.  Discrimination based on political opinion – inherent requirements of the job. In its previous observation, the Committee drew the Government’s attention to section 50 of Act No. 188/1999 on civil servants, as amended and reissued in 2004, which provides that “to hold public office a person shall meet the following conditions: … (j) [shall] not have been carrying out an activity in the political police as defined by the law”. The Committee noted that this restriction regarding entry into the civil service may go beyond what would be a justifiable exclusion in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention. The Committee notes that the Government’s report contains no information in reply to this matter. The Committee, therefore, requests the Government once again to supply information on what constitutes an "activity in the political police" under section 50(j) of Act No. 188/1999, as amended, including relevant laws and judicial decisions, and to provide detailed information on the rationale and practical application of this provision, including the number of persons that are excluded from the civil service on this basis.

2. Legislative developments. The Committee notes that the legislative framework to combat discrimination has been further strengthened by Act No. 324 of 4 July 2006, which modifies and complements Government Order No. 137/2000. The amendments introduced new prohibited grounds of discrimination (age, disability, non-infectious chronic disease, and HIV/AIDS infection), as well as provisions on multiple discrimination, victimization, harassment, incitement, aggravating circumstances, and the burden of proof. In addition, the minimum and maximum fines have been increased. With regard to the introduction of new prohibited grounds of discrimination, the Committee requests the Government to confirm that the Convention’s coverage has been extended in accordance with Article 1(1)(b).

3. The Committee notes that Act No. 324 also provides for a number of changes regarding the organization and procedure of the National Council for Combating Discrimination (NCCD). The Council is now established as an independent body under the control of Parliament. Other changes concern the composition, nomination, status and competence of the members of the Council’s Steering Board. The new legislation also provides for the establishment of regional offices of the NCCD. As regards procedures, deadlines for the submission of complaints and for their conclusion have been introduced. Further, the NCCD will now be able to mediate.

4. The Committee further notes that Act No. 202/2002 on equal opportunities between women and men has been amended by Act No. 340/2006 of 17 July 2006 and, again, by Emergency Ordinance No. 56/2006 of 30 August 2006. The amendments, inter alia, strengthen the Act’s provisions concerning discrimination based on pregnancy or maternity and improve the institutional set-up of the National Agency for Equal Opportunities between Women and Men (ANES).

5. Enforcement. The Committee recalls that monitoring and analysing discrimination complaints is an important means of assessing the effectiveness of the legislation and its enforcement mechanisms. It notes from the Government’s report that 110 discrimination complaints related to employment and occupation were received by the NCCD in 2005 (out of a total of 382), 130 in 2006 (out of 432) and 215 in the first half of 2007 (out of 427). Between 2004 and mid-2007, violations of the anti-discrimination legislation were found in 41 cases, in eight of which fines were imposed, while in 33 warnings were issued.

6. As regards the grounds of discrimination, the Government’s report indicates that from the beginning of 2006 to September 2007, the NCCD received 30 complaints regarding gender discrimination at work. In respect of 11 of these cases sanctions were imposed. According to the Government most of the gender discrimination cases before the NCCD related to discrimination in employment, e.g. refusal to offer employment based on age or pregnancy; retrograding because of pregnancy, dismissal in connection with pregnancy or sexual harassment (CEDAW/C/ROM/Q/6/Add.1, 28 March 2006, page 5). In the same 2005–06 period, 12 complaints were brought before the labour inspection services, some of them by the ANES. However, in only one of these cases was it found that discrimination had occurred. As regards judicial decisions regarding gender equality, the Government indicated that the Ministry of Justice had no data regarding cases at its disposal (ibid., page 2). No information has been provided regarding cases of discrimination involving other prohibited grounds.

7. The Committee notes that the number of cases of employment discrimination dealt with by the NCCD and the labour inspection services remains low. The Committee also notes that no information has been provided by the Government on the number, nature and outcome of complaints involving prohibited grounds other than sex and that no information concerning court cases appears to be available. The Committee emphasizes the importance of collecting and publishing information concerning discrimination cases brought before the competent bodies, including the courts, that is comparable over time and that indicates the grounds of discrimination concerned. The Committee requests the Government:

(a)      to step up its efforts to promote public awareness of the existing laws, procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation, and to indicate the specific action taken in this regard. Please also indicate any measures taken to assist victims of discrimination, including members of the Roma community, to bring discrimination cases;

(b)      to indicate whether and how information concerning discrimination cases brought before the NCCD, the labour inspection services and the courts relating to employment and occupation are currently being collected and made available to the public, and to provide information concerning such cases in its next report, indicating the grounds of discrimination concerned as well as the outcomes of these cases.

8. Equality of opportunity and treatment in employment and occupation of the Roma. The Committee notes the detailed information provided by the Government on the measures taken to promote equality of opportunity and treatment in employment and occupation of the Roma. The National Employment Agency continued to develop partnerships with the National Roma Agency, the prefectures, and non-governmental organizations in order to strengthen collaboration at the local level to draw up and adapt vocational training plans, taking into account actual and perspective labour market needs. The involvement of non-governmental organizations of the Roma in delivering employment services and active labour market measures is expected to improve further the outcomes of action taken to promote access of the Roma to employment.

9. In its previous observation, the Committee noted two targets set by the Government: (1) to provide vocational training to at least 1,500 Roma per year; and (2) to achieve the employment of at least 10,000 Roma per year. According to the Government’s report, the number of Roma participating in vocational training increased considerably from 202 in 2003 to 1,601 in 2005, thus reaching the target set, followed by a decrease to 1,204 in 2006. The Committee also notes that the second target is currently being met. In 2005 and 2006, a total of 10,366 and 13,810 persons of Roma origin have been employed, respectively. The information provided by the Government indicates that positive results were achieved mainly due to special programmes and initiatives targeting unemployed Roma, such as employment fairs and mobile campaigns reaching out to Roma communities.

10. The Committee welcomes the fact that the measures taken by the Government have continued to show positive results, as well as the involvement of Roma representatives and organizations in the design and implementation of the programmes carried out to promote access of the Roma community to employment and occupation. The Committee encourages the Government to continue to consolidate the progress made with a view to achieving sustained equality of opportunity and treatment of the Roma in respect of access to employment and occupation. The Committee requests the Government:

(a)      to continue to provide detailed information on the measures taken in this regard and the results achieved, including statistical data, disaggregated by sex;

(b)      to provide information not only on the number of Roma employed after having benefited from training or employment services, but also information on the actual retention and duration of the employment relationship; and

(c)       to provide information on the measures taken to promote respect and tolerance between the Roma and members of other groups of the population, with a view to eliminating stereotypes and the discrimination that results from stereotypical attitudes.

11. Follow-up to the 1991 Commission of Inquiry. The Committee recalls that it has been following up on Recommendation No. 6 (requests for medical examinations due to treatment received while in custody, made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and Recommendation No. 18 (rebuilding of the houses destroyed as part of the systematization policy against certain minorities) of the report of the Commission of Inquiry (Official Bulletin, Volume LXXIV, 1991, Series B, Supplement 3).

12. With respect to Recommendation No. 18, the Committee notes that the Advisory Committee on the Framework Convention for the Protection of National Minorities of the Council of Europe, in its Second Opinion on Romania adopted on 24 November 2005, noted efforts by the Government to improve the speed of restitution of religious property confiscated during the Communist regime and to improve the legal framework relating to the restitution of properties confiscated during that period which had belonged to certain ethnic communities (ACFC/OP/II(2005)007, paragraphs 75–82). The Committee also notes that the Committee of Ministers of the Council of Europe recommended to the Government that they should accelerate the implementation of the restitution of religious and community property of minorities and to evaluate the effects of this process on the situation of vulnerable minority groups (resolution CM/ResCMN(2007)8 of 23 May 2007, paragraph 2). The Committee will continue to follow further developments regarding this matter. With regard to Recommendation No. 6, the Committee decided to close its follow-up due to lapse of time.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation, the Committee notes that Act No. 202/2002 prohibits quid pro quo and hostile environment harassment and requires employers to adopt and implement policies to address and prevent sexual harassment at the enterprise level. This includes the obligation to make the sexual harassment policy known within the enterprise and to impose disciplinary sanctions in case of infringements. The Government is requested to provide information on the practical application and enforcement of the Act’s sexual harassment provisions.

2. Article 2. Equality of opportunity and treatment on the grounds of race, colour and national extraction. Recalling its previous comments on the need to ensure equal access of the Roma to education and training, the Committee notes that the Government, in cooperation with UNICEF, NGOs and local authorities, has been implementing a number of projects to promote Roma children’s education and to prevent their dropping out of school. In 2003-04 some 15,000 pupils were studying the Romani language, but only 121 Roma children were taught in their mother tongue at the levels of pre-school, primary and secondary education. The Committee regrets that no vocational training was provided in Romani. In the 26 public universities, 390 study places were reserved for Roma candidates in 2002-03, but no information has been provided as to whether these places had actually been filled. The Committee requests the Government to continue to provide information on the measures taken to promote the participation of the Roma, on an equal footing with other parts of the population, in education and training at the various levels, including education provided in their mother tongue. The Government is requested to supply statistical information that will allow the Committee to assess the results obtained in overcoming the wide educational gap between the Roma and other parts of the population.

3. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information for 2003 supplied by the Government that women remain under-represented in the occupational group of legislators, senior officials and managers (31.2 per cent). As regards the participation of men and women in the various branches of economic activity, the Committee observes a high concentration of women in education, health and social services, while sectors such as construction, transport and energy remain male dominated. There appears to be a trend towards more balanced overall representation of men and women in the public administration. The Committee requests the Government to:

(a)  continue to provide statistical information on the participation of men and women in employment, disaggregated by occupation, branch of economic activity and level of education;

(b)  provide information on specific measures taken or envisaged to overcome the existing horizontal and vertical occupational segregation based on sex, including measures to promote a more equal sharing of family responsibilities between men and women, training and employment of women and men in areas where they have been traditionally under-represented, as well as to promote women’s access to management jobs;

(c)  provide indications on how collective agreements promote gender equality in accordance with Act No. 202/2002. Please provide examples of equality provisions included in collective agreements.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as the comments from the National Trade Union Bloc (BNS) contained in its communication dated 4 September 2003, which relate to the practical application of non-discrimination legislation.

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes with interest that Romania has continued to enact legislation to prohibit discrimination and promote equality in employment and occupation, including the following:

-  Section 5 of the new Labour Code (Act No. 53/2003) prohibits any direct and indirect discrimination against an employee based on criteria such as sex, sexual orientation, genetic characteristics, age, national origin, race, colour, ethnic origin, religion, political option, social origin, disability, family conditions or responsibilities, and union membership or activity, and provides for definitions of direct and indirect discrimination.

-  Act No. 202/2002 on equal opportunities for women and men, as amended by Act No. 501/2004, prohibits sex-based discrimination at all stages of the employment process and requires employers to take certain measures to ensure non-discrimination and promote equal opportunities. The Act also contains a provision on the inclusion of non-discrimination clauses in collective agreements.

-  Act No. 27/2004, amending Act No. 48/2002, which approved Ordinance No. 137/2000, introduces new prohibited grounds of discrimination (age, disability, non-contagious chronically diseases and HIV infection), a definition of indirect discrimination, and provisions on victimization, mediation, legal assistance and sanctions.

The Committee requests the Government to provide information on how the above legislation is applied in practice, including information on the number, nature and outcome of relevant cases brought before the courts, the National Council to Combat Discrimination, the National Agency for Equal Opportunities and the Ombudsperson. The Government is also requested to explain the manner in which the labour inspectorate is supervising equality and anti-discrimination legislation and to indicate the number, nature and outcome of the interventions made in this regard.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 50 of Act No. 188/1999 on civil servants, as amended and reissued in 2004, provides that "to hold public office a person shall meet the following conditions: … (j) not have been carrying out an activity in the political police as defined by the law". The Committee notes that this restriction regarding entry into the civil service may go beyond what would be a justifiable exclusion in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention. In order to enable the Committee to examine the conformity of section 50(j) of Act No. 188/1999, as amended, with the Convention, the Government is requested to supply information on what constitutes an "activity in the political police" under section 50(j), including relevant laws and judicial decisions, and to provide detailed information on the rationale and practical application of this provision, including the number of persons that are excluded from the civil service on this basis.

3. Articles 2 and 3. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes that the Ministerial Commission for Roma was established within the Ministry of Labour, which is responsible for the implementation of the employment-related measures provided for under the Strategy for the improvement of the conditions of the Roma. The Committee notes with interest that the Commission includes a Roma representative. In 2003, out of 23,961 unemployed persons receiving vocational training, only 202 were Roma. While 5,535 Roma were employed in 2002, this number rose to 8,781 in 2003. The Government has set the following annual targets: participation of at least 1,500 Roma in vocational training; legal employment of at least 10,000 Roma; and the establishment of at least 50 businesses by persons of Roma origin. Further, the Government envisaged the launching of a public information campaign on available employment services, the creation of active partnerships between Roma representatives, NGOs and decentralized units of the Ministry of Labour, as well as an awareness-raising campaign among employers. The Committee welcomes that certain progress has been made with regard to the promotion of equal access to employment of the Roma, but it considers that sustained efforts will be necessary in order to achieve lasting results. The Committee requests the Government to provide detailed information on the progress made in the implementation of the national programme for Roma employment, including progress in achieving the abovementioned annual targets. In this regard, the Government is asked to provide statistical information, disaggregated by sex, on the participation of the Roma and other national minorities in the labour market, including public employment.

4. National machinery to promote equality and eliminate discrimination. The Committee notes with interest that a National Agency for Equal Opportunities for Men and Women (ANES) was set up under Government Ordinance No. 84/2004 which became operational on 1 March 2005. ANES is, inter alia, competent to receive complaints concerning gender equality, to undertake research and studies, and to develop governmental policy. Government Decision No. 85/2005 was adopted to reinforce the implementation of the National Action Plan on Equal Opportunities for Women and Men. The Committee notes that the former Inter-Ministerial Consultative Commission for Equal Opportunities for Women and Men (CODES) has been replaced by the National Commission for Equal Opportunities for Women and Men (CONES) which is comprised of representatives of ministries, other central administrative bodies and representatives of workers’ and employers’ organizations, as well as NGOs. The Committee requests the Government to provide information on the concrete activities undertaken by ANES and CONES to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including results achieved.

5. The Committee notes that the National Council to Combat Discrimination established under Ordinance No. 137/2000 has adopted a National Plan to Combat Discrimination. The Council is mandated to make legislative proposals, to engage in awareness-raising and public information campaigns, to carry out research, and to cooperate with other bodies and organizations, and to monitor compliance with anti-discrimination legislation. As of June 2004, the Council had received a total of 764 complaints, the majority of which was related to discrimination on the basis of ethnicity or social origin. In 49 cases the Council found that discrimination had occurred and imposed 15 penal sanctions and 34 warnings. The Committee requests the Government to provide information on specific activities carried out by the National Council to Combat Discrimination with regard to equal treatment in employment and occupation, including indications regarding complaints received and their outcomes.

6. Measures of redress. The Committee recalls that it has been following up on Recommendations Nos. 6 (requests for medical examinations due to treatment received while in custody, made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and 18 (rebuilding of the houses destroyed as part of the systematization policy against certain minorities) of the report of the Commission of Inquiry (Official Bulletin, Volume LXXIV, 1991, Series B, Supplement 3). Noting that no information has been provided with regard to Recommendation No. 18, the Committee requests the Government to indicate the number of claims still pending for restitution of property and to provide information on any such restitution to the affected persons belonging to national minorities. As regards Recommendation No. 6, the Committee requested the Government to continue to provide information on the implementation of Act No. 118/1990, including with regard to requests for medical examinations made by persons who took part in the strike of 1987. Noting that no information has been provided on this matter, the Committee requests the Government to indicate whether any new requests for medical examination have been made in recent years.

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

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

Further to its observation, the Committee requests the Government to provide information on the following points.

1. The Committee notes the establishment of the Department for Inter-ethnic Relations with the Ministry of Public Information, which replaces the former Department for the Protection of National Minorities. The Committee notes that the Council of National Minorities has been re-established under the coordination of the Ministry of Public Information to serve as the consultative body to the Romanian Government on minority issues. The Committee requests the Government to provide information on the work of the Department for Inter-ethnic Relations and the Council of National Minorities regarding employment and education-related issues, including its impact on the enjoyment of equality of opportunity and treatment in employment and occupation of all minorities.

2. Discrimination on the basis of sex. Further to its observation, the Committee notes the establishment of the Inter-ministerial Consultative Commission on Equal Opportunities Between Women and Men (CODES) by Government Decision No. 967/1999. It also notes that CODES is competent to evaluate the application and observance of equality legislation, to stimulate the adoption of training and awareness raising programmes concerning equality issues, to promote the exchange of information among relevant government units and to elaborate periodical reports on the status of women in Romania. The Committee also notes the adoption by the Government of a National Plan of Action for the Promotion of Equal Opportunities Between Women and Men (Decision 1273/2000), which aims at accelerating the elimination of discrimination on the basis of sex in the world of work through actions in the field of public information, continuing vocational training for women and to improve application of relevant legislation in practice. The Government is requested to provide information on the practical measures taken by the member institutions of CODES to implement the National Action Plan, as well as other activities of CODES. The Committee would be grateful to receive further information on the proposed Code concerning rules and practices for the promotion of equality of opportunity between men and women mentioned in the Government’s report and copies of the periodic reports on the status of women prepared by CODES. The Government is further requested to continue to provide statistical information on the participation of women in the labour market, including data reflecting the distribution of men and women in the different fields of economic activities and occupations, and in jobs with decision-making and management responsibilities.

3. The Committee notes the information provided by the Government on the advisory and consultation centre for disadvantaged women and requests the Government to indicate whether similar projects are planned for the future. The Committee also notes the information given in respect to the follow-up to the 1999 tripartite seminar on women in the labour market, which, according to the Government, led to a partnership with the trade union representatives concerning problems of women in the labour market and several publications on the issue. The Government is asked to continue to provide information on its cooperation with workers’ and employers’ organizations to promote equality in employment and occupation and to submit copies of the publications mentioned in its last report.

4. Enforcement of equality provisions. The Committee notes the initiative of the Ministry of Labour and Social Affairs together with the Equal Opportunities for Women Foundation concerning equality training for labour inspectors. The Committee requests the Government to provide a copy of the training guide on equality for labour inspectors and to give indications on the impact of the training on the work of the labour inspectors and the enforcement of equality legislation.

5. The Committee notes that the Office of the Advocate of the People received some 10,000 complaints between 1997 and 2000. In 1999, the Office received 4,389 complaints out of which 383 were brought by women and 112 concerned women’s rights, including the right to pension. The Committee requests the Government to continue to provide information on the activities of the Advocate of the People as they affect the application of the Convention, including information on the number of complaints received related to discrimination on the grounds covered by the Convention and the action taken by the Advocate, including cooperation with other institutions and organs responsible for the prevention of discrimination and the enforcement of anti-discrimination legislation. In this context, the Committee would also like to receive information on the number and nature of discrimination cases dealt with by the criminal justice system.

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

1. The Committee notes that the Ministry of Labour and Social Affairs has elaborated a revised draft law on equality of opportunities between men and women. It notes from the Government’s report that the draft prohibits direct and indirect discrimination on the basis of sex, explicitly mentioning sexual harassment. The Committee understands that the draft was adopted by Parliament in 2001. The Committee also notes the adoption of Act No. 210/1999 concerning paternity leave. The Government is requested to provide copies of the two Acts with its next report. Noting the efforts under way to draft a new Labour Code, which would eliminate inconsistencies between national legislation and international standards as regards equality, the Committee invites the Government to supply information in its next report on the progress made in this regard and to provide a copy of the text as soon as it is adopted.

2. The Committee notes with interest the adoption by the Government of Emergency Ordinance No. 137/2000 on preventing and punishing all forms of discrimination. The Ordinance prohibits discrimination by any natural or legal person, including public institutions, and imposes administrative sanctions for contraventions, unless an act of discrimination is punishable under criminal law. Article 2 defines "discrimination" as encompassing "any difference, exclusion, restriction or preference based on race, nationality, ethnic appurtenance, language, religion, social status, beliefs, sex or sexual orientation, appurtenance to a disfavoured category or any other criterion, aiming or resulting in a restriction or prevention of the equal recognition, use or exercise of human rights and fundamental freedoms in the political, economic, social and cultural field or in any other fields of public life". The term "disfavoured category" covers categories placed in a position of inequality as opposed to the majority of citizens due to their social origin or a handicap, or persons who are faced with rejection and marginalization due to specific circumstances, including HIV/AIDS infection. Section 2(5) of the Ordinance provides that the elimination of discrimination shall be achieved by means of affirmative action measures and the application of sanctions. The Ordinance contains special provisions on equality in employment and occupation, which prohibit discrimination, inter alia, in respect to the conclusion, suspension or modification of employment contracts, remuneration and benefits, training and promotion, and trade union membership (section 6). In addition, discrimination in job advertising or interviews is made punishable as an offence. Under the Ordinance, a National Council for the Prevention of Discrimination is to be established and charged with receiving complaints and sanctioning violations. Victims also have recourse to the courts, where non-governmental human rights organizations can appear as parties in discrimination cases if authorized by the victims concerned. The Committee requests the Government to provide information on the application in practice and the enforcement of Ordinance No. 137/2000, and on any measures taken to bring it to the attention of the workers and the employers. Noting that Parliament approved Ordinance No. 137/2000 in January 2002, the Government is asked to provide a copy of the Ordinance as approved.

3. With reference to its previous comments concerning the equal access of minorities to education and training, the Committee notes the adoption by Parliament of Act No. 151/1999, approving Emergency Ordinance No. 36/1997, which modified and complemented the Act on Education No. 84/1995. The Committee notes that this legislation provides for the right of persons belonging to national minorities to study and receive, upon request, instruction in their mother tongue, at all levels and in all forms of education. The Committee notes the various programmes and activities undertaken to promote education of persons of Roma origin, including the nomination of Roma school inspectors and the employment and training of teaching Roma personnel. It notes that the overall percentage of minority children receiving instructions at the pre-university level in their mother tongue did not change between 1997-98 and 2000-01. However, the statistical information provided by the Government indicates for the first time that Roma children have actually been instructed in their language (in 1999-2000: 162 children; 2000-01: 89 children), but not in post-secondary education or vocational training. In regard to university education, the Committee notes that in some public universities courses in minority languages are being offered. The Committee requests the Government to provide information on the following issues: (1) measures taken to inform parents of minority children about their right to be taught in their mother tongue or other positive measures to encourage members of national minorities to make use of this possibility; (2) results of any evaluation or research on the impact of the introduction of mother-tongue education through the 1997 and 1999 amendments to the Education Act on the access of minorities to education and employment; (3) measures to promote increased participation of members of minorities in education at the vocational, apprenticeship and post-secondary levels; and (4) targeted action to ensure access to training and education for the Roma, including persons that have dropped out from the educational system. In addition, the Government is asked to continue to provide statistical information on the participation of minorities in education and training, including in their languages.

4. With regard to access of the Roma to employment and particular occupations, the Committee notes a slight increase in the employment rate of Roma between 1999 and 2000. While the overall number of economically inactive persons of Roma origin has decreased slightly between 1999 and 2000, the unemployment rate of Roma has increased to about the same extent. The Committee remains concerned about the still very high percentage of Roma falling into the category of "economically inactive". It notes in particular that within the Roma population, the percentage of economically inactive persons between 25 and 49 years of age is twice as high as the percentage of such persons in respect to the entire population. With respect to the distribution of Roma workers in the various occupational groups and economic activities, the Committee once again notes the absence of Roma in better paid or higher level jobs and their concentration in certain fields of activity, such as agricultural work, construction or the fishing industry. In light of the above, the Committee stresses that eliminating discrimination against persons of Roma origin in employment and occupation is a task that requires sustained and coordinated efforts of the various competent public and private institutions, in close cooperation with Roma representatives, as well as social partners. In this respect, the Committee notes the adoption by the Government of a "Strategy for improving the conditions of Roma" for the period 2001-10 with a medium-term plan of action covering the years from 2001 to 2004, which is the result of a joint effort of the Government and the representative organizations of Roma. It particularly notes the measures to be implemented under the strategy in the areas of professional training and reorientation, labour market access, job creation, the creation of fiscal incentives for the employment of Roma, awareness raising and equality training for all levels of public administration, as well as various measures to enhance access to education and training. The Committee notes that the plan of action makes specific reference to projects to create jobs for Roma women. The Committee urges the Government to reinforce its efforts to promote a climate of respect and tolerance towards the Roma communities in society, which it considers a precondition to make substantial progress in fighting economic marginalization and exclusion of Roma and their communities, and to supply information on measures taken in this regard. The Committee requests the Government to provide information on the status of implementation of each of the measures contained in the medium-term plan of action which relate to non-discrimination and equality of opportunity and treatment in employment and education, including concrete results achieved and difficulties encountered. The Government is also requested to continue to provide statistical information on the employment situation of all minority groups.

5. Measures of redress. The Committee recalls that, for several years, it has been following up on Recommendations Nos. 6 (requests for medical examinations due to treatment received while in custody, made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and 18 (rebuilding of the houses destroyed as part of the systematization policy against certain minorities) of the report of the Commission of Inquiry (Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement 3). With regard to Recommendation No. 18, the Committee notes from the Government’s report that 36 further buildings belonging to national minorities were returned through Ordinance No. 83/1999, which was modified and supplemented by Ordinance No. 101/2000. The Committee also notes that up to ten buildings per religious centre or parish will be returned under Ordinance No. 94/2000. On the basis of Decision No. 1334/2000, which amends Ordinance No. 83/1999 on the restitution of property to communities belonging to national minorities, the Government expects that 37 other buildings, 20 of them belonging to the Jewish community, will be returned. The Committee requests the Government to continue to provide information on the number of outstanding claims for restitution of property and to keep it informed of such restitution of property to the affected persons belonging to national minorities. As regards Recommendation No. 6, the Committee previously noted that section 10 of Act No. 118/1990 had been amended to grant compensation and a number of benefits to persons who have been persecuted for political reasons for taking part in the 1987 events. It noted in particular that the persons concerned are entitled to free access on a priority basis to medical assistance and medicines as well as to have their period of employment taken into account for the period covered for purposes of calculation of benefits. The Committee requested the Government to provide information on the implementation of Act No. 118/1990, as amended, and in particular with regard to requests for medical examinations made by persons who went on strike in 1987 and who have been subsequently rehabilitated by court order. The Committee also asked the Government to continue to provide information on any new compensation that has been granted to persons who took part in the strike of 1987. The Committee hopes that the Government will include the requested information in its next report.

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

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

1. Discrimination on the grounds of sex. The Committee notes with interest the draft text of the Law on Equality of Opportunities between Men and Women which covers both direct and indirect discrimination (section 2) in all aspects of employment, including the prohibition of sexual harassment in the workplace. In this connection, the Committee wishes to recall that its 1996 General Survey on equality of opportunity and treatment in employment and occupation stated that in view of the gravity and serious repercussions of sexual harassment, the practice should be considered as being discriminatory on the grounds of sex. The Committee further notes the Government's statement that the draft law has been evaluated on its accordance with European law on equality and that training on equality-related issues is envisaged for the staff of the Ministry of Labour and Social Protection. The Committee notes however that the draft law has been pending in Parliament for almost two years and is still being debated. It hopes that progress will be made soon on its adoption and that a copy of the legislation will be sent to the Office. It also understands that a draft law on paternity leave is pending in Parliament and that a study on harmonizing family and career is under way. The Committee requests the Government to keep it informed of the outcome of these initiatives and to provide it with a copy of the study on harmonizing family and career as well as of the text of the law on paternity leave, upon adoption.

2. The Committee further notes from the Government's report that the Ministry of Labour and Social Protection recently submitted to the Government a draft decision on the creation of a consultative interministerial commission on equal opportunities, and that an advisory and consultation centre has been established for disadvantaged women. The Committee understands that for the first time a tripartite seminar on women in the labour market was organized by the Ministry of Labour and Social Protection (September 1999), which formulated a number of recommendations with regard to the promotion of equal opportunities of men and women in employment and occupation. The Committee welcomes all of these initiatives and would be grateful if the Government would continue to inform it of their impact on the promotion of equality between men and women in employment and occupation. It also hopes to receive information on any follow-up action, in cooperation with the employers' and workers' organizations, of the recommendations made at the tripartite national seminar. The Committee further wishes to point to the importance of statistics, studies, and other forms of research as a means of assessing the action taken and the progress made in pursuance of the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee therefore requests the Government to provide in its next report any information available (including statistics, surveys and studies) which may allow the Committee to assess the changes which have occurred on the employment of women in respect of access to training, access to employment and conditions of work in the various branches of activity and the various occupational levels.

3. Enforcement of equality provisions. Further to its observation, the Committee notes that section 6(1) of Act No. 108/1999 on labour inspection provides that the Labour Inspectorate is responsible for monitoring, in the field of labour relations, the access to the labour market of all workers without discrimination, and compliance with the specific provisions relating to young persons, women, and other disadvantaged categories of workers. The Committee requests the Government to provide information in its next report on the specific action taken by the Labour Inspectorate in the effective application of the provisions and policies concerning equality of opportunity and treatment in employment and occupation. The Committee also notes from the Government's report that the Ministry of Labour and Employment is collaborating with non-governmental organizations to provide specialized training on equality of opportunity in employment for the Labour Inspectorate. The Committee has pointed out in its 1988 General Survey (paragraph 193) the special importance of the Labour Inspectorate being properly trained as regards questions of equality, and requests the Government to provide information on the training for labour inspectors on equality-related issues in employment and occupation.

4. Referring to its previous request, the Committee understands that a Department for Child, Women and Family Protection has been set up within the newly established Advocate of the People. The Committee hopes that the Government's next report will contain information on the activities of the Advocate of the People, including the abovementioned Department, in so far as they affect the application of the principle of equality in employment and occupation set out in the Convention.

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

1. The Committee notes the detailed information contained in the Government's report and the attached documentation. It also notes with interest that a new Labour Code is being drafted which will eliminate the inconsistencies between national legislation and international standards as regards equality. The Committee requests the Government to keep it informed of any developments in this regard.

2. Further to its previous observation, the Committee notes with interest the adoption by Parliament of the Emergency Ordinance No. 36/1997, amending and supplementing a number of provisions of the 1995 Education Act concerning equal access of national minorities to vocational training and education. The Committee notes that section 123(2) provides for the right of national minorities to constitute and administer their own private institutions, and requests the Government to indicate whether any such institutions have been established. Please also provide information on the general application of the Emergency Ordinance No. 36/1997, as amended.

3. While noting an overall increase in the number of minority language students attending vocational training, apprenticeship and post-secondary institutions, the Committee notes that they continue to be disproportionately under-represented in relation to their number in the general population (7,172 minority language students out of a total of 333,539 students, and those being only Hungarian- and German-speaking students), accounting for approximately 2.2 per cent of the total student body at the technical level. In its previous observation, the Committee had already noted this proportional imbalance in the education and training of minorities and had recalled that, while inequalities in access to vocational training and education rarely originate in legislative provisions that are directly discriminatory, indirect discrimination might arise out of practices based on stereotypes relating to minority groups and myths concerning their educational abilities. It had requested the Government to undertake studies into the educational opportunities available to minority groups and to assess how the 1997 amendments to the Education Act enhance the opportunities for their access to higher and technical education, which in turn lead to better jobs. The Committee also requested the Government to inform it of any positive action measures taken to encourage members of national minorities to avail themselves of the possibilities of mother-tongue education introduced in the 1995 Education Act. The Committee notes that the Government's report does not give any reply to these requests. It notes, however, from the Government's fifteenth periodic report to the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/363/Add.1, 17 May 1999) that the Ministry of Labour and Social Security has devised a special programme of vocational guidance, which is operated by the local employment and social security offices through agents of the Rom. The Committee requests the Government to provide, in its next report, detailed information on this programme as well as its impact on the access of the Rom to educational opportunities. The Committee trusts that the Government's next report will also contain the information already requested regarding any other action, including research, undertaken to increase the educational opportunities of national minorities.

4. With regard to access to employment and particular occupations, the Committee notes from 1998 data provided by the Government on occupations held by the economically active population, that the number of Hungarian speakers holding management and executive, administrative and economic posts increased, so that Hungarian speakers occupied 7 per cent of such posts. There are no longer any Rom holding high-level posts, whereas 0.7 per cent of such posts were occupied by Rom in 1996). The data also confirms the trend noted in the previous observation that the highest proportion of Hungarian speakers and Rom are found in the agriculture sector. The Committee further notes the 1988 statistical data on the employment and unemployment rates of men and women who are ethnic Hungarians and Rom, which indicate that the employment rate of women belonging to these groups is lower than for men, and that the unemployment rate for Hungarian-speaking minorities increased from 4.5 per cent in 1997 (with 4.7 per cent for men and 4.3 per cent for women) to 5.4 per cent in 1998 (with 5.6 per cent for men and 5.1 per cent for women). The data also show that the unemployment rate for the Rom is particularly high, amounting to 13.8 per cent in 1997-98 (with 13.2 per cent for men and more than 14 per cent for women). The Committee takes note that these statistics are disaggregated by sex and encourages the Government to continue to provide such data in future reports.

5. In its previous observation, the Committee noted the establishment of the Department for the Protection of National Minorities (DPNM) and the National Office for the Social Integration of the Rom, and requested information on the success of the initiatives undertaken by them, in particular with regard to any affirmative action measures taken to increase the number of Rom in public employment. The Committee notes with interest from the Government's report that Government Decision No. 459/1998 establishes an Inter-Ministerial Committee for National Minorities which advises DPNM. It also notes that a subcommission for Rom has been established within this Inter-Ministerial Committee, which has a working group composed of Rom representatives designated by the Working Group of Rom Associations (GLAR) - an apolitical forum of civil associations of Rom. It also notes that a Protocol on the Development of a Strategy for the Protection of the Rom Minority has been concluded between the DPNM and the GLAR. While welcoming these initiatives, the Committee, at the same time, is also concerned about the statement of the Government in its report submitted to CERD that the higher unemployment level of the Rom is due "not to any refusal to recruit Rom/Gypsies or to a preference for dismissing them in the event of staff cutbacks, but to other causes, including: (1) the lack of interest on the part of the Rom/Gypsies in attending school and learning a trade; (2) their increased preferences for casual work; (3) the limitation of their income, by their own choice, to state children's allowances and social assistance; and (4) their preference for own-account, frequently, illegal activities". The Government further states that "it will not be possible to eliminate this disproportion between supply and demand without a change of attitude and a higher standard of general education among Rom/Gypsies". While the abovementioned initiatives indicate the Government's intention to continue to address the question of the Rom through institutional and policy measures, the Committee nevertheless points out that the elimination of distinctions in employment and education depends on the general context of the integration of the Rom in society on a basis of equality of opportunity and treatment without which a full application of Convention No. 111 would be illusory. This requires measures aimed at, inter alia, promoting a climate of tolerance through awareness raising and education in the entire field of employment and education and beyond. The Committee notes from the CERD report that the DPNM is formulating a series of projects to improve Rom employment levels and initiate gainful activities in cooperation with national and international partners. The Committee hopes that these projects will include steps taken to raise public awareness on the issue of tolerance towards the Rom communities and requests the Government to provide information in its next report on the impact of these projects as well as on any other measures taken to improve the status of the Rom, in regard to access to employment and occupation, including affirmative action measures taken to increase the number of Rom in public employment, in accordance with Articles 3(d) and 5 of the Convention.

6. Article 2 of the Convention. The Committee notes that the new Bill on national minorities is still under elaboration which would prohibit and penalise discrimination against minorities. It hopes that the Government will provide information on any developments concerning its adoption. The Committee also repeats its previous request for information on the work of the minority joint committees, created in the context of the Council of National Minorities, and referred to by the Government as forming part of the national policy for the elimination of discrimination in employment based on race, colour and national extraction.

7. Measures of redress. For a number of years, the Committee has been following up on Recommendations Nos. 6 (requests for medical examinations due to treatment received while in custody, made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and 18 (rebuilding of the houses destroyed as part of the systematization policy against certain minorities) of the report of the Commission of Inquiry. Regarding the compensation for and rebuilding of destroyed houses, the Committee notes the series of normative acts initiated by the Department for the Protection of National Minorities aimed at the restitution of property belonging to national minorities: the Emergency Ordinance No. 21/1997 (approved by Act No. 140/1997) on the restitution of property which belonged to the Jewish community; Emergency Ordinance No. 13/1998 and Emergency Ordinance No. 83/1999 on the restitution of property to communities belonging to national minorities; and Government Ordinance No. 112/1998 on the restitution of property to communities (organizations and religious cults) belonging to national minorities. The Committee notes that 17 buildings have been returned through these Acts. The Committee requests the Government to provide information on the number of outstanding claims for restitution of property and to keep it informed of such restitution of property to the affected persons belonging to national minorities. The Committee also notes that section 10 of Act No. 118/1990 has been amended to grant compensation and a number of benefits to persons who have been persecuted for political reasons for taking part in the 1987 events; benefits include, inter alia, a monthly compensation of 60,000 lei for the person concerned or the surviving spouse, exemption from local taxes and free urban transport. The Committee notes in particular that the persons concerned are entitled to free access on a priority basis to medical assistance and medicines as well as to have their period of employment taken into account for the period covered for purposes of calculation of benefits. In follow-up of Recommendation No. 6 of the report of the Commission of Inquiry, the Committee requests the Government to provide information in its next report on the implementation of the provisions of Act No. 118/1990, as amended, and in particular with regard to requests for medical examinations made by persons who went on strike in 1987 and who have been subsequently rehabilitated by court order. Also noting the attached list of cases where compensation has been granted to persons who took part in the strike of 1987, the Committee encourages the Government to continue to provide information on any new cases in which such compensation has been granted.

8. The Committee notes with interest that Act No. 108/1999 on labour inspection has been adopted and establishes an independent labour inspectorate with monitoring and advisory responsibilities. It notes that section 5(e) of the Act provides that the labour inspectorate may submit proposals to the Ministry of Labour and Social Protection for the improvement of existing legislation and the enactment of new legislation.

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

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

1. Discrimination on the ground of sex. With reference to its previous comments regarding the application in practice of the National Plan for Action (NPA) for the Implementation of the Main Objectives provided for by the Final Document of the UN Beijing Conference, the Committee notes that, according to the Government's report, several activities have been undertaken -- some with the technical cooperation of the Office -- such as the creation of a Pilot Office providing information and advice for women and the signature of a cooperation agreement with the principal trade union confederations with a view to respecting equality of opportunity for women within the National Plan on Redistribution of Manpower; future activities include the drafting of a Bill on equality of opportunity and the creation of a National Agency on Equality of Opportunity. The Committee trusts that the Government will continue to inform it of developments in this area in its next report, in particular supplying a copy of any draft text on the subject of equal employment opportunities.

2. Enforcement of equality provisions. The Committee notes that Parliament recently adopted an Act to create the Advocate of the People (Ombudsman) and appointed a former Supreme Court judge to that office. It also notes that a working group within the Ministry of Labour and Social Protection is currently drawing up a draft Bill on labour inspection aiming at the creation of an independent and efficient inspection body. The Committee requests the Government to inform it, in its next report, of progress in the adoption of the draft law and of the activities of the Advocate of the People in so far as they affect the application of the principle of equality in employment and occupation set out in the Convention.

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

1. The Committee notes the Government's report and the explanations it contains which answer the previous comments concerning the legislative and practical protection that exists against discrimination in employment on the basis of political opinion.

2. In its previous observation, the Committee noted that the 1995 Education Act was perceived by some workers' organizations to endanger the teaching and learning of the mother tongues of the country's ethnic minorities and thus to have an impact on the equal employment opportunities of members of the national minorities. The Committee requested from the Government detailed information, in addition to that already supplied, on how the Education Act is being applied in practice so that the Committee can assess whether the current language policy meets the cultural and economic needs of minorities while enabling them, if they so wish, to engage in trades and professions using their own languages.

3. The Committee notes with interest from the Government's report that the Emergency Ordinance of 10 July 1997 to amend and supplement the Education Act, in force as of the 1997-98 school year, changes certain of the provisions of the principal Act upon which the Committee had made comments. A new section 5(2) provides that "The State promotes the principles of democratic teaching and guarantees the right to differentiated education, on the basis of educational pluralism, for the benefit of the individual and of the whole society". The Committee notes in particular the following amendments: sections 8(1) ("Education at all levels is provided in the Romanian language. It shall also be provided, in accordance with the present Act, in the languages of the national minorities, and in the languages of international circulation"); 8(4) ("Both in state and private education, school documents, to be named by order of the Minister of Education, shall be in the Romanian language. Other school documents may be in the language in which the schooling was given"); 120(2) ("In primary education, the subjects History of the Romanians' and Geography of Romania' shall be given in the mother tongue, according to curricula and textbooks identical to those used in classes being taught in Romanian. At the junior and senior high school levels, these subjects may be taught, upon request, according to curricula and textbooks identical to those used in classes being taught in Romanian, with the obligation to transcribe and to assimilate the toponymy and Romanian names into the Romanian language"); 122 ("In public vocational, secondary and post-secondary specialized education, the language for teaching may be the mother tongue, with the obligation to assimilate the specialist terminology into the Romanian language"); 123 ("(1) In public university education, groups, sections, colleges, faculties and institutions with tuition in the mother tongue may be organized, upon request. In such case, assimilation of the specialist terminology into the Romanian language must be assured. (2) Higher education institutions will be encouraged to have multicultural structures and activities so as to promote harmonious inter-ethnic cohabitation and integration at the national and European level. (3) Upon request, the training of Romanian-speaking specialists in national minority languages will be encouraged"); and 124 ("In education at all levels, admission and graduation examinations may be taken in the language in which the respective subjects are taught in accordance with the law").

4. The Committee also notes the statistics provided by the Government on the increase in the percentage of scholastic units having minority language tuition, in particular for the Hungarian speakers (from 4.4 per cent -- of which 4.1 per cent are Hungarian-speaking -- in the 1992-93 school year to 5.3 per cent -- of which 5 per cent speak Hungarian -- in the 1996-97 school year). The actual number of minority language school-goers decreased (from 241,355 in 1992-93 to 221,331 in 1996-97). It also notes that in 1996-97, 32,400 minority language students attended 65 senior high schools, but only about 6,000 (and those being only Hungarian- and German-speaking students) attended the 31 vocational or post-secondary training institutions, accounting for approximately 1.8 per cent of the total student body at this technical level.

5. The Committee recalls the importance of promoting equal access to vocational training set out in the Convention, which determines the actual possibilities of gaining access to employment and occupations. In its 1996 Special Survey on Equality in Employment and Occupation, the Committee observes that, while inequalities in this area rarely originate in legislative provisions that are directly discriminatory, indirect discrimination may arise out of practices based on stereotypes relating to minority groups and myths concerning their educational aspirations and abilities. The Committee accordingly requests the Government, on the basis of the data supplied showing the proportional imbalance in the education and training of minorities in relation to their numbers in the general population, to undertake studies into the educational opportunities available to them. Such research could assess how the 1997 amendments to the Education Act enhance opportunities for their access to higher and technical education, which in turn lead to better jobs. It asks the Government to inform it of any positive action measures taken to encourage members of the national minorities to avail themselves of the possibilities for mother-tongue education introduced by the above-mentioned provisions of the Education Act.

6. Regarding the employment opportunities of the Rom and the Hungarian-speaking minorities (which, according to the 1992 census, constitute 1.8 and 7.1 per cent of the active population respectively), the Committee, in its previous observation, noted the data on their economic and employment profiles and asked to receive more recent statistics so as to be able to assess the trend in their equal employment opportunities. It notes that, according to the 1996 data provided in the Government's report on the jobs held by the economically active population, the Rom and the Hungarian-speakers are both least represented in management and executive, administrative and economic posts (ethnic Hungarians hold only 3.2 per cent of such posts and Rom, only 0.7 per cent of such posts) and most represented in agriculture (ethnic Hungarians make up 26.2 per cent of the agricultural workforce and Rom, 34.8 per cent). The Government states that on 31 January 1997 it created the Department for the Protection of National Minorities (DPNM), under the Prime Minister. The Department has regional bureaux, whose functions include, inter alia: legislative initiatives; supervision -- including the receipt and treatment of complaints -- of the enforcement of the relevant laws; financial aid to groups of citizens belonging to national minorities; and the promotion and development of programmes for the maintenance and spreading of the ethnic culture, identity, language and religion of these minorities. The Council for National Minorities, noted by the Committee in past observations, will continue its advisory role with the DPNM. In the context of the DPNM, the National Office for the Social Integration of the Rom has been established, and the 1997 programmes for this minority include a seminar on the prevention of discrimination against the Rom; round tables to find solutions to particular problems; publication of works on the lives of Roma personalities; and measures to encourage the employment of Rom in the public service. The Committee welcomes these institutional measures and asks the Government to inform it, in its next report, on the success of the initiatives of the DPNM and its Office for the Social Integration of the Rom, in particular details on any affirmative action measures taken to increase the number of Rom in public employment, in accordance with Articles 3(d) and 5 of the Convention.

7. Article 2 of the Convention. In previous observations, the Committee had requested information on the adoption of the Bill on National Minorities and on the work of the minority joint committees, created in the context of the above-mentioned Council for National Minorities, and referred to by the Government as forming part of the national policy for the elimination of discrimination in employment based on race, colour and national extraction. The Committee notes that, according to the Government's report, a new Bill on National Minorities is being drawn up, copies of which will be provided to the Committee once adopted. The Committee requests the Government to keep it informed of progress in the drafting of this new text, and looks forward to receiving a copy of it.

8. Measures of redress. For a number of years the Committee has been following up on the report of the 1991 Commission of Inquiry, in particular with regard to Recommendations Nos. 6 (requests for medical examinations made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and 18 (rebuilding of the houses destroyed as part of the systemisation policy against certain minorities). Noting that the Government gives no further information on Recommendation No. 6, the Committee asks it to do so in its next report. Regarding the compensation for and rebuilding of destroyed houses, the Committee notes that, according to the Government, following the cessation of the systemization policy and under Act No. 18/1991 (already noted in previous observations), title to certain occupied land on which housing exists is now vested in dwellers enjoying usufruct and, in the majority of cases, this has benefited persons whose houses had been destroyed in the past and who moved to these lodgings. Other land in question which has not been built upon subsequently will also be restored, upon demand, to the former owners. The Committee requests the Government to keep it informed, in future reports, of the restitution of such property to the affected persons belonging to minorities. Also noting that, in past observations, it had been able to note quite a large number of cases where compensation had been granted to persons who took part in the 1987 strike which had been examined by the Commission of Inquiry, the Committee would be grateful if the Government would inform it in future reports of any new cases of compensation granted.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous observation, the Committee noted the comments of the Hungarian Teachers' Federation of Romania (HTFR) concerning the Education Act (No. 84 of 1995), and, given that the Government's response to those comments was received only during the Committee's session, decided to make certain preliminary remarks and to examine the response at the present session. The Committee notes that the Government has sent, in the meantime, certain further information requested in that previous observation (on the employment situation of minorities, on compensation for past discriminatory practices and on the medical examinations of certain persons who had participated in the 1987 strikes).

2. The HTFR alleged that the Education Act introduces further restrictions on native language education and training of minorities which will affect their equality of access to employment. It mentioned, in particular, sections 8.1 ("Education at all levels is provided in the Romanian language. Classes in Romanian are organized and function in each locality"), 120.2 ("In lower secondary and in secondary schools, the history of Romanians and the geography of Romania are taught in Romanian on the basis of the same curricula and from the same textbooks as for the classes where tuition is in Romanian. (...) In primary school, these subjects are taught in the mother tongue"), 122.1 ("In the vocational, technical, economic, administrative, agricultural, forestal, mountain agricultural public secondary forms of education, (...) specialist training is provided in Romanian, assuring as far as possible, the learning of the technical terminology also in the mother tongue"), 123 ("In public university education, sections and groups with tuition in the mother tongue may be established, upon request and according to the present law, in order to train the necessary staff for teaching and cultural-artistic (sic) activities") and 124 ("In the education at all levels, admission and graduation examinations are taken in Romanian. Admission and graduation examinations may be taken in the mother tongue for schools, classes and specialization forms in which teaching is provided in the respective mother tongue, in accordance with the present law").

3. The Committee had previously noted that section 8 of the Act guaranteed the right of persons belonging to national minorities to learn and receive education in their mother tongue, that section 119 permitted the establishment, taking into account local needs, of group classes, sections or schools with teaching in the language of national minorities, without prejudice to the learning of the official language and the teaching in this language (Romanian), and that section 120.3 mandated that the curricula and textbooks of universal history and on the history of Romanians reflect the history and traditions of the national minorities of Romania. It nevertheless expressed concern over the perception that the right to teach and learn in minority languages is being reduced, and over the apparently contradictory provisions in the Act.

4. The Government explains that the Act was the outcome of a four-year pre-legislative and legislative process, that it was adopted by a large majority in Parliament, and was elaborated taking into account the requirements of a number of European regional instruments and the Convention. In fact, according to the Government, the Act could constitute a main element of the national policy to promote equality under Article 2 of the Convention. It denies that the Act has shortcomings, and refers - as was noted in the Committee's previous observation - to the statement of the High Commissioner on National Minorities of the Organization of Security and Cooperation in Europe (OSCE) to the effect that the Act allows considerable flexibility in its implementation. Given that the HTFR cites no specific examples of discrimination against minority languages, the Government confines itself to replying to the HTFR's allegations, section by section. In particular, it explains that the reference in section 8.4 to "official school documents" having to be in Romanian is merely a reflection of the fact that all official/administrative documents (such as certificates attesting to scholarity or occupational diplomas) are drafted in the official state language, Romanian. The Government adds that section 8 contains no discrimination based on national extraction and concords with Recommendations Nos. 10 and 11 of the 1991 Report of the Commission of Inquiry established under article 26 of the ILO Constitution to examine a complaint alleging discrimination in employment on that ground. It refers to the concluding paragraphs of that Report concerning the balance to be struck in the teaching of the official and minority languages, and stresses that the Constitution of the country ensures such a balance.

5. The Government explains that section 120.2 constitutes the only exception to the right to take admission and graduation examinations in the mother tongue, provided for in section 124. Regarding section 122.1, the Government points out that there is no threat to the existence of mother-tongue vocational training schools since vocational training represents only a part of their curricula, whereas the entire spectrum of relevant subjects is covered in the minority language. In addition, it states, to accept a separate system of technical training in the mother tongues of the national minorities would be counter-productive to the aim of economic integration; society could be faced with "socio-linguistic disabilities" of such persons when they try to enter the labour market. Regarding section 123, the Government states that it is aimed at preserving minority languages, as is seen by the following sections: 125 (Ministry of Education to train teaching staff in their teaching language) and 126 (a proportional representation of teaching staff belonging to the national minorities is ensured on the managing boards of educational institutions). Section 118 of the Act is also relevant here, as it ensures the right of national minorities to study and receive instruction in their mother tongue at all levels and in all forms of education in accordance with the Act. The Government states that section 124 is in accordance with the equality provision of the national Constitution and Recommendation No. 9 of the 1991 Commission of Inquiry report (the need to adopt a language policy which, without prejudice to the status of Romanian as the official language of the State, would meet the cultural and economic needs of the minorities). The Government encloses a copy of the Constitutional Court decision of 18 July 1995 attesting to the constitutionality of that Act.

6. The Government states that of the 29,241 pre-university school units, 2,820 (or 9.6 per cent) function as units or sections with tuition in the languages of such minorities; at the primary-school level, 73.5 per cent of the subjects included in the curriculum were taught in the mother tongue, at the junior high-school level, 75.4 per cent, and at the senior high-school level, between 60.2 and 82.8 per cent depending on the profile of the institution. According to the Government's brochure Romanian democracy and ethnic minorities, at the tertiary level, certain courses are taught in the languages of Hungarian- and German-speaking students upon their request. All students attending mother-tongue tuition schools have textbooks on the curricula subjects in their mother tongue. The teaching staff are trained in teachers' colleges with tuition in Hungarian and German, and "for the other minorities, there are forms with a pedagogical profile in high schools" (sic). Regarding vocational training, the Government cites the Regulations for the Organization and Functioning of Vocational Training and Apprenticeship, which ensure the teaching of terminology in the mother tongue. It also notes that, according to section 115 of the Regulations for the Nomination of Directors and Deputy Directors of Pre-University Educational Institutions, for minority language schools at least one of the management posts must be held by persons belonging to that minority having a good knowledge of Romanian or by persons having a good knowledge of the minority language involved.

7. The Committee is sensitive to the Government's explanation that the Education Act attempts to reach a difficult balance between preserving the official language and respecting the right of the country's ethnic minorities to learn and be taught in their mother tongues. It welcomes the statistics and documentation which the Government has collected (in the book of the Council for National Minorities The Education System in Romania - Tuition in the Languages of National Minorities 1995-96 School Year). However, the Committee is also aware of the HTFR's perception that the Act, through subtle restrictions spread across several different sections, could endanger the teaching of these languages, and thus have an impact on the equal employment opportunities of members of the national minorities. In the spirit of the Conclusions of the 1991 Commission of Inquiry, the Committee requests the Government to supply, in its next report, similar detailed information on how the Education Act is being applied in practice, so that the Committee can assess if the current language policy meets the cultural and economic needs of minorities while enabling them, if they so wish, to engage in trades and professions using their own language.

8. Turning to the points raised in its previous observation on the equality of employment opportunities of certain minorities, in particular the Rom and ethnic Hungarians, the Committee notes the statistics provided (based on the 1992 census) concerning the ethnic extraction, age and sex of the economically active population. It notes in particular the comparison of the current position of national minorities with their 1977 position: the number of economically active persons increased among ethnic groups which recorded population increases (Rom, Russians, Tartars and Turks), but decreased for those groups having an aging active population (Jews, Germans, Serbians, Slovakians and Bulgarians). The census shows that Romania's active population consists primarily of ethnic Romanians (90.8 per cent), the other nationalities making up 9.2 per cent of which 6.7 per cent belong to the Hungarian-speaking group. The Hungarian, Rom and German minorities are most represented in the secondary sector of activity, this denoting a marked change for the Rom in particular who had previously been engaged mainly in agriculture and forestry. While all minority groups are represented more or less equally in the construction and industrial sectors, some groups are more highly represented in other sectors (for example, Armenians and Jews have almost no involvement in agriculture and forestry, but are strongly represented in other branches of the economy; ethnic Hungarians are strongly represented among construction workers and specialized operators, but only around 11 per cent were farmers).

9. The Committee notes the Treaty of Understanding, Cooperation and Good Neighbourliness concluded on 16 September 1996 between the Governments of Romania and Hungary; Article 15 of the Treaty deals with the rights and obligations of persons belonging to minorities. The Committee also notes that there have been slight improvements in the employment profile of the various minorities. It would appreciate receiving statistics more recent than 1992 so as to be able to assess the trends, particularly for the Rom and Hungarian minority communities.

10. Article 2 of the Convention. In its previous observation, the Committee had requested information on the adoption of the Bill on National Minorities, which could constitute a major part of the national policy aimed at ensuring the application of the Convention as well as of the Recommendations of the 1991 Commission of Inquiry. It had also asked for further information on the aims and activities of the minority joint commissions (such as the Romanian-German commissions mentioned in previous government reports) working in the context of the Council for National Minorities. As the Government provides no such information, the Committee can but repeat its request.

11. Measures of redress. For a number of years, the Committee has been following up on Recommendation No. 6 of the above-mentioned 1991 Commission of Inquiry report (requests for medical examinations made by persons who went on strike in 1987 and who have subsequently been rehabilitated by the courts). The Committee notes with interest that the Government supplies further details concerning a total of 31 persons who underwent such examinations and trusts that the Government will continue to supply information on this point in its next report.

12. Likewise, the Committee has been requesting the Government to provide details of persons who made claims for compensation under Act No. 118/1990 and Act No. 18/1991 for past discriminatory practices based on political opinion, social origin and national extraction. It notes that, according to the Government, 88 further cases of compensation have been granted to persons who took part in the 1987 strike. The Committee welcomes this information, but would again ask that the Government provide information on the measures taken to give effect to Recommendation No. 18 of the 1991 report (rebuilding of the houses destroyed as part of the systemization policy against certain minorities).

13. Discrimination on the ground of sex. The Committee, in its previous observation, had noted certain information on the employment opportunities of women contained in the Government's National Report on the Condition of Women, presented to the Fourth World Conference on Women (Beijing, 1995), and had asked the Government to inform it on the implementation of the various programmes aimed at promoting women's participation in production and management, as described in that National Report. The Committee has been supplied with a copy of Romania's National Plan for Action (NPA) for the Implementation of the Main Objectives provided for by the Final Documents of the Beijing Conference which aims, inter alia, (a) at developing the national machineries which are to coordinate the policies for the advancement of women; and (b) at improving the economic situation of women (for example, through special counselling for unemployed women who wish to (re-)enter the labour market; better correlation between training programmes and actual job demand; encouragement of women entrepreneurs in small and medium enterprises; improved network of social services to support working women; harmonization of professional activity and family responsibilities by providing that both parents benefit optionally from the interruption of work to care for children). The Committee looks forward to receiving, with the Government's next report on the Convention, further information on the practical application of this NPA.

14. Discrimination on the ground of political opinion. The Committee's previous observation asked for information on the implementation in practice of the national policy against such discrimination, particularly as regards manifestations of differing political opinions. It expresses the hope that the Government's next report will contain this information.

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

1. Information activities to promote equality of opportunity and treatment in employment and occupation. Further to the measures mentioned in its observation, which concern particular groups of the population, the Committee once again requests the Government to provide information in its next report on any measures taken to ensure the effective promotion of equality of opportunity and treatment for all workers, irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin, and to foster understanding and tolerance among the various groups of the population as a whole.

2. Cooperation with employers' and workers' organizations. With reference to the Order of 10 November 1993 respecting the establishment of the tripartite secretariat for social dialogue, and the annexed Regulations on the organization and activities of this secretariat, the Committee requests the Government to indicate the arrangements made for the cooperation of organizations of employers and workers for the application to the whole of the population of the national policy of equality provided for in Article 2 of the Convention, particularly with a view to fostering understanding and tolerance among the various groups of the population.

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

1. The Committee notes the Government's reports, the attached documentation and the information provided by the Government, in reply to the comments of the Committee of Experts, to the Conference Committee in 1994, as well as the ensuing discussion.

2. The Committee recalls that the Commission of Inquiry appointed in 1991 under article 26 of the ILO Constitution to examine the observance by Romania of Convention No. 111 recommended that the Government adopt a number of measures which could help it to conform fully to the Convention. It requested the Government to adopt the measures recommended as soon as possible and to supply detailed information on all developments in its annual reports on the application of the Convention.

3. Discrimination on the grounds of national extraction, race and social origin. Further to its previous comments, the Committee notes that a Bill on National Minorities, designed to respect and protect national minorities and guarantee them equality of rights and basic freedoms, was submitted to Parliament at the beginning of 1994. The Committee notes that this text should repeal Act No. 86 of 7 February 1945 on the Nationalities Statute and guarantee the application of the principles of equality of rights and basic freedoms to citizens of these minorities, including the use of their mother tongue and the right to learn and receive teaching in that language. The Committee requests the Government to inform it of any development in this respect and to provide a copy of the text when it is adopted.

4. With regard to the composition of the Council for National Minorities, established in April 1993, the Committee notes that, by virtue of section 2 of Decision No. 137 of the Romanian Government, dated 6 April 1993, the Council includes representatives of the Democratic Magyar Union of Romania, the Democratic Forum of Germans of Romania and the Democratic Union of the Roma, as well as the representatives of nine other organizations of minorities (out of the 20 or so minorities existing in the country). The Committee would be grateful if the Government would continue to supply information regularly on any changes in the composition of this. Furthermore, the Committee notes the Government's statement that a budget of over 1.1 thousand million lei was allocated to the Council for its activities in 1994. The Committee notes from the Government's report that the IInd Romano-Hungarian Civic Forum was held with the participation of the President of the country. It would be grateful if the Government would provide detailed information on the Council's programme of activities for 1994 and the planned activities for 1995, and if it would transmit any report produced by the Council on its activities.

5. The Committee also notes that the Council held a meeting in September 1994 with the representatives of Rom organizations to discuss matters relating to education and equality of social and occupational opportunities for this minority. The Committee recalls that the Commission of Inquiry had noted that widespread discrimination was practised, particularly against the Roma, and that their situation required particular attention, especially as regards the education of children and vocational training. It recommended in particular that their social situation should be improved by means of an integrated programme (Recommendation No. 14) drawn up in collaboration with their representatives. The Committee notes with interest that a draft programme for the social promotion and measures to resolve the employment problems of the Rom population has been prepared and submitted to the competent government authorities, and that a draft Government Decision establishes a national inspection office for the social integration and promotion of the Rom population. The Committee therefore requests the Government to keep it informed of the practical results of the discussions held with Rom representatives, and particularly of the adoption of the draft Government Decision and a social programme concerning them.

6. The Committee notes in this respect that a report covering the period 1989-93 by the Romanian Institute of Research on the Quality of Life, in association with the International Child Development Centre (Florence, Italy), emphasizes in a special chapter devoted to the Roma that their illiteracy rate is around 27 per cent, their unemployment rate is 52 per cent and that 74 per cent of them have no vocational skills. The report emphasizes the poverty and social marginalization of the Roma, who are often confronted with negative attitudes.

7. The Committee draws the Government's attention to the importance of the Commission of Inquiry's Recommendation No. 13, in which it calls for the undertaking of a vast campaign, in collaboration with the social partners and other appropriate bodies, with a view to eradicating the traditionally negative attitude towards the Roma. Although understanding the complexity of the situation as regards the Roma, the Committee notes that Romania has established an institutional framework making it possible to find solutions to these problems and to implement them progressively. The Committee requests the Government to provide detailed information on any campaign designed to develop a climate of tolerance and on any decisions or measures which have been taken, or are envisaged, to improve the situation of the Roma, in full consultation with the persons concerned. In particular, it requests the Government to supply detailed information in its next report on the positive measures taken in practice to facilitate and encourage their access to education, vocational training and employment. It would also be grateful to receive information and statistics on the effect given in practice to Decision No. 461 of 1991 as regards the Roma, and particularly under Chapter IX respecting teaching in minority languages, including the measures adopted to provide them with teaching in their mother tongue (section 41) and to enable them to learn Romanian (section 43).

8. In view of the linguistic diversity of the country and the existence of many national minorities, the Committee also requests the Government to indicate in its next report the manner in which it ensures that there is no discrimination based on the language of applicants for jobs for which the language spoken is not an inherent requirement. In particular, the Committee would be grateful if the Government would supply information on the draft Act on Education adopted in June 1994 by the Chamber of Deputies and transmitted to the Senate which concerns the teaching of mother tongues, as well as the alternative draft Act on the Education of Minorities, submitted in September 1994 to the Senate at the petition of almost 500,000 citizens, which aims at amending the draft Act on Education.

9. The Committee recalls that the Government expressed the intention of organizing two working groups including Rom labour inspectors to evaluate the results of their work and analyse the possibility of the creation of small private enterprises by the Rom minority. In the absence of a reply by the Government on this point, the Committee once again requests the Government to report the outcome of these meetings and the creation of any enterprises.

10. The Committee also requests the Government to provide information on any developments in the situation of the Magyar minority, which represents over 8 per cent of the Romanian population, in the fields covered by the Convention, and on how it ensures the effective application of Convention with regard to the Magyar minority.

11. Measures of redress. The Committee recalls that the Commission of Inquiry found that individuals had been the victims of discriminatory practices in employment and occupation on the basis of political opinion, social origin and national extraction. It called upon the Government to ensure that these individuals obtained compensation and, where possible, reinstatement in their jobs. In particular, the Committee requested the Government to keep it informed of the measures taken to give effect to the following recommendations of the Commission of Inquiry: No. 4 (putting an end to the effect of discriminatory measures adopted in the past and restoring equal opportunity and treatment for the persons concerned); No. 6 (government guarantees of an efficient and impartial follow-up to the requests for medical examinations made by the persons who went on strike on 15 November 1987, who have been rehabilitated by the courts); and No. 7 (reinstatement of workers who lost their jobs as a result of being arrested following the June 1990 demonstrations).

12. The Committee also notes two government reports referring to judicial decisions under Act No. 118/1990 and Act No. 18/1991 which relate to a total of around 700 cases, as well as the information provided to the Conference Committee on 12 cases. In most of these cases, the courts have accepted claims for compensation and only 26 cases were dismissed on the grounds that the requirements set by the law had not been fulfilled. The Committee would be grateful if the Government would provide further information on the cases that were dismissed. The Committee notes that the Government will provide information on the other judicial decisions as they are handed down, in accordance with Recommendation No. 20 (informing the supervisory bodies of the results achieved as regards reparations for the discrimination suffered). It requests the Government also to indicate the measures taken to give effect to Recommendation No. 18 (rebuilding of the houses destroyed by the systemization policy). It requests the Government to indicate in its next report the measures taken regarding the persons mentioned by name in Recommendation No. 4 (see the paragraph above) and their results. With regard to the persons who went on strike in Brasov, the Committee notes that, according to the Government, they have been examined medically and provided with government allowances. It requests the Government to state where these medical examinations took place, and to transmit a list of the persons who have benefited from them.

13. On the subject of the workers whose employment was terminated as a result of their detention for more than two months without proof following the 1990 demonstrations, the Committee notes that, according to the Government, the Labour Code permits the employment of workers to be terminated if they have purged a prison sentence of over 60 days. The Committee draws the Government's attention to Recommendation No. 7 of the Commission of Inquiry which calls for the reinstatement of those persons who lost their jobs on political grounds. It requests the Government to provide detailed information on the current situation of these persons and to take measures, if necessary, to ensure that they are reinstated. It hopes that the Government will be in a position to provide the fullest possible information in this respect in its next report.

14. With regard to the restitution of ownership title to property, the Committee notes with interest that the time-limit for the submission of applications to obtain compensation under Act No. 118/1990 has been extended to 31 December 1995 and that such applications are examined by the central commission or departmental commissions established under this Act. It notes that, according to the Government, persons who have provided proof of their property rights have had their land returned to them and that the slowest cases to be settled are those which have to be resolved in the courts.

15. In its previous comments, the Committee noted that, in accordance with the request made by the Governing Body of the ILO, the conclusions and recommendations contained in the report of the Commission of Inquiry had been translated into Romanian. It notes that in 1993 the Government disseminated the report to national organizations of workers and employers and that in 1994 it was disseminated to the general judiciary and the Ministries of Justice and Education. It also noted the Government's intention to disseminate the report to employment offices and local and central institutions. The Committee is of the opinion that the widespread dissemination in Romanian of the conclusions and recommendations of the report is bound to be of value in establishing a national dialogue between the various groups of the population and in the formulation of a real national policy of equality of opportunity and treatment. It requests the Government to keep it informed of the dissemination of the report of the Commission of Inquiry.

16. The situation of women workers. The Committee notes the detailed information provided by the Government on the situation of women who work and, in particular, the brief summary of a national report on the situation of women in Romania from 1980 to 1994. The Committee notes that progress was made up to 1989 in the employment of women, with a high rate of participation of women in the labour market, their penetration in sectors which traditionally employed men and their presence in many jobs on an equal footing with men, particularly in positions of responsibility. However, the report points out that the Romanian revolution of 1989 and the resulting transition to a market economy gave rise to far-reaching change in all fields, which had a negative effect on women. Situations of discrimination have arisen, such as the higher unemployment rate of women than men, the lower average wages earned by women in contrast to their near equality in educational terms, the greater proportion of women affected by poverty and their lesser influence on economic decisions, which is out of proportion to their participation rate. By way of conclusion to the report, which emphasizes the problems of inequality between the sexes, a number of recommendations are made "to relaunch the process of equalization between women and men under the specific conditions of a market economy". The Committee requests the Government to indicate the measures it considers taking in this regard.

17. The Committee notes the Government's statement that a national committee has been established to prepare for the participation of the country in the UN Fourth World Conference on Women, to be held in Beijing in 1995. One of the major objectives of the committee is to set up a government structure responsible for preparing training programmes and special promotional measures for women. The Committee welcomes the establishment of this structure and calls on the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment for women, in accordance with Article 2 of the Convention, in all the fields enumerated in Paragraph 2 of Recommendation No. 111. It also recalls that, by virtue of Article 5, special measures of protection or assistance designed to redress situations of inequality are not considered to be discriminatory. The Committee would be grateful if the Government would keep it informed in its next report of developments in the situation in this field, particularly as regards access to vocational training, access to employment and the various occupations; terms and conditions of employment; and retention in employment.

18. Discrimination based on political opinion. With reference to its previous comments, in which the Committee indicated its concern that manifestations of differing political opinions may still give rise to discriminatory practices in employment, the Committee once again requests the Government to indicate in its next report any measures that have been taken to ensure that discrimination on the ground of political opinion cannot occur.

19. The Committee is addressing a request directly to the Government on other points.

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

1. The Committee takes note of the Government's report and letters transmitting further information, as well as the comments of the Hungarian Teachers Federation of Romania dated 17 September 1995 which were transmitted to the Government for comment.

2. The Committee notes that the Federation refers to Recommendations Nos. 9 and 11 of the 1991 report of the Commission of Inquiry set up to examine the complaint under article 26 of the ILO Constitution alleging Romania's non-compliance with the Convention, and to points 8 and 10 of the most recent observation, all of which refer to the need for non-discriminatory mother-tongue language policy for the education and training of ethnic minorities in the country. The Federation reports that the draft Education Act, on which the Committee requested more information in its previous observation, was adopted on 29 June and promulgated on 25 July 1995 as Act No. 84. The Federation has stated that it introduces further restrictions on native language education and training of minorities which will affect their equality of access to employment, particularly in sections 8.1, 9.2, 120.2, 122.1, 123, 124 and 166.1. The Committee notes that the Government refers to the new Act in its report, but made observations on the Federation's letter in a communication only received during the Committee's session. The Committee accordingly makes certain preliminary points below, on the basis of the text of the Act, and will examine the Government's detailed comments at its next session.

3. The Committee notes that the English version of Act No. 84 supplied by the Government commences with a foreword explaining the political opposition to the law headed by Hungarian minority political parties, and rebutting the European Parliament resolution of 16 July 1995 condemning the law. The foreword argues that the European MPs had been misinformed and had worked on an outdated version of the text. From the resolution in question, entitled "On the protection of minority rights and human rights in Romania", the Committee notes that the European Parliament referred to the text agreed in the Romanian Parliament on 28 June 1995; the European Parliament regretted that the law arbitrarily restricts the educational rights of minorities by, inter alia, no longer allowing important subjects such as economics, engineering and law, to be taught in minority languages; and called for its repeal. The Committee also notes that the Government transmits a copy of the statement made by the High Commissioner on National Minorities of the Organization on Security and Cooperation in Europe (OSCE) during his visit to the country to evaluate the Act. The Committee notes that the High Commissioner recognized that the Act allows considerable flexibility in its implementation, based on the clarifications and explanations he received from the Government on, in particular, sections 8 and 120.3.

4. Section 8 of the Act contains the statement that: "(2) The right of persons belonging to national minorities to learn their mother tongue and the right to receive education in their mother tongue are guaranteed according to this law." It also contains requirements in subsections 1, 3 and 4 that would indicate that all teaching and educational documents are to be in Romanian. The OSCE High Commissioner on National Minorities indicated in his statement that he had received the explanation that this text should be read in conjunction with section 119 which states that groups, classes, sections or schools with teaching in the language of national minorities may be established taking into account local needs, demand and conformity with the law. Chapter XII of Title II covers education for persons belonging to national minorities. Section 120.3 reads "In the curricula and textbooks of universal history and the history of Romanians there will be reflected the history and traditions of the national minorities of Romania." The OSCE High Commissioner was told, according to his statement, that experts from the national minorities will be requested to contribute to these books.

5. The Committee expresses concern over the perception that the right to teach and learn in minority languages is being reduced, and over the apparently contradictory requirements in the law. The Committee will be in a position to examine the full impact of the new Education Act at its next session.

6. Discrimination on the grounds of national extraction, race and social origin. With regard to its previous request for information on the adoption of the draft Bill on National Minorities, the Committee notes that, according to the Government, the text, of which it supplies a copy in Romanian, is continuing its passage towards being tabled without major amendments. The Committee requests to be kept informed of the discussion of this text, which could be a major piece of legislation in ensuring the application of the Convention and implementing the Recommendations of the 1991 Commission of Inquiry.

7. Regarding the Council for National Minorities, created in April 1993, the Committee takes note of its composition and of the description of its activities over 1994-95 (such as study tours, training courses including specialized training for police officials, seminars, mixed commissions). Noting that the Government refers to mixed Romanian-German commissions, the Committee asks for further information on the aims and activities of such bodies, as well as indications as to whether such joint commissions are envisaged for other minorities.

8. With reference to its previous observation, the Committee notes the information supplied by the Government on measures taken to improve the training and employment opportunities of the Rom, in particular the statistics on the number of Rom students at different educational levels and the training materials prepared for them, which the Government states were never collected by Roma groups which had ordered large numbers of them. The Committee asks the Government to indicate what measures it took to contact the groups concerned so as to ensure the wide dissemination of the manuals in question, and the outcome of these contacts (for example, was the quality of the publication in question?).

9. Also with reference to its previous observation concerning the Rom, the Committee notes the Government's reliance on section 2 of Act No. 30/1991 on the hiring of wage-earners which prohibits all discrimination, inter alia, on the ground of ethnicity and the implementation of this prohibition by the labour inspection machinery. The Committee notes, however, that the Government gives no further information, as requested by the Committee, on the practical results of the discussions held with Rom representatives in late 1994 concerning education and equality of opportunity for this minority, for example through the adoption of the draft Government Decision to establish a national inspection office for the social integration and promotion of the Rom. The report also provides no information on the follow-up given to the proposed meetings of two working groups including Rom labour inspectors, with a view to evaluating their work and encouraging the creation of small enterprises by that minority. The Committee is accordingly obliged to repeat its request for detailed information in this regard.

10. While noting the statistics supplied by the Government on teaching in the Hungarian language (indicating that 8.4 per cent of all pre-university teaching is in Hungarian), the Committee observes that the report does not provide details on the labour market situation of this minority. The Committee accordingly repeats its request for a general assessment of the Government's application of the Convention regarding the Magyar minority, which constitutes over 8 per cent of the population.

11. Measures of redress. The Committee recalls that the Commission of Inquiry found that individuals had been the victims of discriminatory practices in employment and occupation on the bases of political opinion, social origin and national extraction, and called on the Government to ensure that they received compensation, including, where possible, reinstatement in their jobs. The Government continues to supply statistics on the number of court cases concerning claims for compensation under Act No. 118/1990 and Act No. 18/1991: 424 cases were recently heard, of which 335 were settled in favour of the petitioner. The Committee also notes the reasons given for the refusal of a number of cases, which appear to relate to procedural weaknesses in the petition or to the fact that compensation had already been granted in another manner. The Committee repeats, however, its request for information on the measures taken to give effect to Recommendation No. 18 of the Commission of Inquiry (rebuilding of the houses destroyed by the systemization policy) and Recommendation No. 6 (follow-up to the requests for medical examinations made by persons who went on strike in 1987 and who have subsequently been rehabilitated by the courts), in particular the transmission of the list of persons who did, according to the Government's previous report, receive medical examinations and receive government allowances.

12. Regarding Recommendation No. 7 of the Commission of Inquiry (reinstatement of those persons who lost their jobs following detention after their involvement in the 1990 demonstrations), the Committee notes the Government's statement that no reinstatement requests have been received. The Committee hopes that future reports will indicate any follow-up given to this Recommendation, whether in the context of the court proceedings referred to in the above paragraph, or in separate proceedings.

13. Discrimination on the ground of sex. The Committee notes with reference to its previous observation that the Government refers to the forthcoming creation of a General Directorate for the Status of Women within the Ministry of Labour and Social Protection. The Committee also notes the statistics concerning the unemployment rate of women (10.5 per cent in 1995), the private sector employment rate of women (27.8 per cent) and the percentage of women in the higher levels of the Ministry (30 per cent). From the National Report on the Condition of Women in Romania, presented by the Government to the Fourth World Conference on Women, held in Beijing in September 1995, the Committee notes that women's rate of employment in 1992 was 37.2 per cent, that in 1993 women were most significantly represented in the tertiary sector (51.9 per cent), and that there was a marked feminization of the following economic sectors: health 78.9 per cent, finance 75 per cent, education 73.2 per cent, trade 68.5 per cent and agriculture 59 per cent. The Report concludes that "despite the high educational level and equal chances and access provided by the entire Romanian legislation, in practice the woman is facing many obstacles to her promotion in economic life, the elaboration of economic policy, and in decision-taking at all hierarchical levels" (page 56). As measures to overcome this problem, the Report refers to UN-funded programmes such as the "Womens' participation to development" with its activities aimed at promoting women's participation in production and management; it also recognizes the need to change the attitude of economic agents towards dismissing women and differentiated hiring, as well as active Government-led social policy in the form of "positive discrimination" (page 68). The Committee would appreciate receiving information from the Government in its next report on the Convention on its implementation of these proposals.

14. Discrimination on the ground of political opinion. As the Government's report is silent on the Committee's previous request for information on the practical application of the national policy against such discrimination, particularly as regards manifestations of differing political opinions, the Committee is obliged to ask the Government again for such assurances.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous observation, the Committee takes note of the Government's report.

1. Dissemination of information to promote equality of opportunity and treatment in employment. In addition to the measures mentioned in the observation directed at specific groups of the population, the Committee would be grateful if the Government would provide information on any efforts addressed to the population at large in order to promote application of the principle of the Convention and to foster understanding and tolerance among various groups of the population.

2. Cooperation with workers' and employers' organizations. The Committee notes that tripartite structures exist within the country in which questions of social policy, including employment, are discussed. It would be grateful if the Government would indicate the manner in which workers' and employers' organizations cooperate to promote the application of the national policy of non-discrimination and equality, particularly with regard to fostering understanding and tolerance between all the various groups of the population.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's reports and appended documentation as well as the information supplied by the Government to the Conference Committee in 1993 and the ensuing discussion.

Discrimination on the grounds of national extraction, race and social origin

1. The Committee recalls that the 1991 Commission of Inquiry had observed that the Roma minority, and to a lesser extent the Magyar minority, are the two groups against whom discrimination was systematically practised. In its previous comments, the Committee had welcomed a series of constitutional, legislative and policy measures that had been taken to improve the status of these two groups, but at the same time it had underlined the importance of their application in practice. It notes, nevertheless, that the treatment of these minorities continues to be the subject of debate in the United Nations Human Rights Committee monitoring observance of the International Covenant on Civil and Political rights (UN document CPR/2/58/Add.15) and that the Government itself refers in its latest report to violence against Roma in the village of Hadarein in September 1993 and the measures it took in response.

2. The Committee notes with interest the establishment, by Decision No. 137 of 6 April 1993, of the Council for National Minorities, which is to monitor specific problems of persons belonging to national minorities and to have competence over the legislative, administrative and financial aspects of such matters. The Committee would be grateful if the Government would indicate the various minorities which meet the criteria, set out in section 2 of the Decision, to be represented and participate in the work of the Council. Please also supply information on any decisions, activities or research undertaken by the Council, on the problems related to employment and occupation which have been identified by it, and on any actions which the Council has proposed to be taken to improve the situation of minorities in this regard. The Committee also asks for information on the proposed Foundation for the National Minorities of Romania, referred to by the Government.

3. As regards the situation of the Roma minority, the Committee notes the Government's statement that no standards prevent access to education or discriminate in any way against this group. However, 22.3 per cent of Roma men and 70.8 per cent of Roma women are reported by the Government to be without employment, and 79.4 per cent of the adult Roma population are considered by the Government to be unqualified. The information available to the Committee, including information from UNICEF, also shows that an increasing percentage of Roma children are not attending school.

4. The Committee thus notes with interest the measures taken by the Government to promote a better integration of the Romas so that they may fully exercise their rights, including: the establishment of minority councils (see above), the creation of a programme for the social promotion and the resolution of labour problems of Romas; the preparation of a draft Act to implement this programme; the establishment of the Roma Centre for Social Intervention and Studies; training of Roma students to be teachers in the Roma community; reservation of places in certain courses at the University of Bucharest; publication for the first time of a book for use in schools on the Romani language; and efforts to establish a place for Romas in Bucharest to deal with their daily problems.

5. The Committee would be grateful if the Government would provide information in its next report on the outcome of these initiatives, as well as any new steps taken, particularly in regard to increasing access and opportunities in education, vocational training and employment for members of the Roma population. It again requests the Government to supply a copy of Government Decision No. 461 referred to in the Government's previous report.

6. The Committee also notes the Government's intention to organize two working groups with Roma labour inspectors to evaluate the results of their work and to analyse possible financing of small private enterprises for the Roma. It would be grateful if the Government would indicate in its next report the outcome of these meetings and the establishment of any such small enterprises.

7. With respect to the Magyar ethnic minority, the Committee notes from the information supplied by the Government that educational and training activity in the Hungarian mother tongue has increased in the school year 1992-93. It requests the Government to continue to supply information on the concrete aspects of the programmes and measures being taken to provide education, vocational training and employment for the Magyar population.

Measures of redress

8. The Committee notes Decree No. 118 of 9 April 1990, as amended, which entitles persons, who had been unable to work due to incarceration or persecution for political reasons from 6 March 1945 onwards, to be compensated in terms of years of seniority for purposes of calculating pension and other benefits. Referring to the Commission of Inquiry's Recommendation No. 20 and its previous observations, the Committee again requests the Government to provide information on the results achieved as regards actual reparations made under this law, as well as under section 16 of Act No. 18/1991 respecting land ownership.

9. The Committee again requests the Government to provide the information previously requested on the measures taken to give effect to the following recommendations made by the Commission of Inquiry: Recommendations No. 4 (effect of past discrimination); No. 6 (concerning the Government's guarantee of an efficient and impartial follow-up to the requests for medical examination made by the persons who went on strike and had been rehabilitated by the courts); and No. 7 (the reinstatement of workers who had lost their jobs as a result of being arrested for the June 1990 demonstrations).

10. The Committee recalls the Government's previous indication that it would distribute copies of the 1991 report of the Commission of Inquiry to the national workers' and employers' organizations, and to other institutions. The Committee wishes to stress the importance it places on this point. It once again expresses the hope that the Government will be in a position in the very near future to give assurances that it has in fact distributed the report in the Romanian language.

The situation of women workers

11. The Committee recalls that many constitutional provisions exist which protect against discrimination based on sex in employment and occupation. It also notes that sex is not a legal criterion upon which a worker can be discharged from his or her employment. It also notes from the detailed information provided by the Government that, in 1991, women constituted a significant percentage (42.3 per cent) of the labour force. According to the Government's report, women have suffered the most in 1992 and 1993 from the steep rise in unemployment resulting from the economic transition and application of structural adjustment measures. Women now constitute over 60 per cent of the unemployed.

12. The Government states that women occupy a special place within the framework of the measures taken against unemployment. For example, women represent two-thirds of the unemployed who participated in vocational training courses, particularly for occupations such as seamstress, sales and secretaries. It also indicates that women's opportunities for reintegration into jobs will increase with the development of the service sector.

13. The Committee notes this information and hopes the Government will continue to provide detailed information on the situation of women in the labour force, including statistical data on employment and unemployment and the manner in which the Government has made efforts to promote equality of opportunity and treatment in employment for women of all groups of the population. More specifically, the Committee asks the Government to indicate the measures that have been taken so as to ensure that women have equal access to vocational training programmes and employment opportunities in a wide range of occupations and economic sectors.

Discrimination on the grounds of political opinion

14. Referring to its previous comments in which the Committee indicated its concern that manifestations of differing political opinions may still give rise to discriminatory practices in employment, the Committee asks the Government to indicate, in its next report, any measures that have been taken to ensure that discrimination on the ground of political opinion does not occur in practice.

15. The Committee is addressing a direct request to the Government on other points.

[The Government is asked to supply full particulars to the Conference at its 81st Session.]

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

Further to its observation of 1992, in which the Committee had taken note of the conclusions and recommendations of the Commission of Inquiry concerning the existence of discriminatory practices based on political opinion, race, national extraction and social origin, the Committee notes the Government's report and attached documentation.

Discrimination on the grounds of political opinion and social origin

1. In reply to its concern that manifestations of differing political opinions may still give rise to discriminatory practices in employment, the Committee notes from the Government's report that the procedure of using personnel records which workers had to fill out, a practice of the old regime, has ceased to exist and that the provision in article 50(a) of the Constitution which states that "faithfulness towards the country is sacred" refers to the valor of patriotism. The Committee would be grateful if the Government would continue to supply information on the measures taken to ensure that discrimination on the grounds of political opinion does not occur, including copies of any relevant judicial decisions or regulations.

Discrimination on the grounds of national extraction and race

2. The Committee recalls that the Commission of Inquiry had observed that the Roma minority, and to a lesser extent the Magyar minority, are the two groups against whom discrimination was systematically practised. In its previous comments, the Committee had noted that a series of measures had been taken to improve the status of these two groups including the adoption of the Declaration of the Government on national minorities, the constitutional provision for minorities to be educated in their mother tongue and the adoption of a programme aimed at improving the socio-economic status of the Roma and solving their problem of employment. The Committee had welcomed these measures, but at the same time it had underlined the importance of their application in practice.

3. The Committee notes with interest from the information supplied by the Government that an extensive mother tongue education programme for the Magyar minority has been developed, including an increase in the number of sectors where the Magyar language is taught; the instruction of future secondary-school teachers so as to prepare them to teach in Magyar mother tongue schools; and the offering of classes in Magyar mother tongue at the University of Cluj. The Committee also notes that special classes for the Roma minority students have been established in several secondary schools so as to prepare them to teach in Roma mother tongue schools. The Committee requests the Government to continue to furnish information on the measures taken to provide educational instruction and vocational training which meet the linguistic needs of the Magyar and Roma minorities. It also requests the Government to supply a copy of Government Decision No. 461 referred to in the Government's report.

4. With regard to the implementation of the programme to improve the socio-economic position of the Roma, the Government reports that special vocational training and retraining courses are organized for the Roma in three districts; training courses for the Roma in social services counselling, education and health have taken place; private industries have been brought into four Roma districts; 14 houses are currently under construction in one Roma district; the Romanian branch of the cultural foundation "Rromani-Baht" has been established; and the number of Roma cultural publications has increased. The Government also refers to a proposal for the establishment of a State Inspectorate for the Integration and Social Protection of the Roma, which would coordinate and assist in carrying out programmes aimed at improving the socio-economic status of this group.

5. The Committee notes the above information with interest and would be grateful if the Government would continue to provide information on the implementation of the programme including details on its results in terms of the employment situation of the Roma. Specifically, with respect to the establishment of private industries in the four districts, please indicate the number of jobs created for the Roma as a result of such action. The Committee would also be grateful if the Government would provide information on the establishment of the State Inspectorate and the manner in which the representatives of the Roma participated in the formulation of this proposal and how they will be associated with the activities of the Inspectorate.

Dissemination of information to promote equality of opportunity and treatment in employment

6. The Committee notes the Government's statement that copies of the conclusions and recommendations of the Commission of Inquiry in Romanian will be distributed to employers' and workers' organizations, employment offices and other institutions and it hopes that the Government will be able to indicate at the Conference in June 1993 that this has been done and that it will provide full particulars in its next report.

7. The Committee notes from the Government's report that, in order to promote a better understanding of how to implement the principles of equality in employment, copies of the Draft Guide of Practice for Equal Opportunity in Employment, prepared by the International Labour Office, have been translated into Romanian and distributed to local employment services. The Committee would be grateful if the Government would continue to furnish information on the measures taken to further understanding of the principles contained in the Convention and to foster understanding and tolerance between various groups of the population.

Measures of redress

8. The Committee again requests the Government to provide information on the measures taken to give effect to the following recommendations made by the Commission of Inquiry: Recommendations No. 4 (effect of past discrimination), No. 6 (concerning the Government's guarantee of an efficient and impartial follow-up to the requests for medical examination made by the persons who went on strike and had been rehabilitated by the courts), No. 7 (the reinstatement of workers who had lost their jobs as a result of being arrested for the June 1990 demonstrations) and No. 20 (reparation for discrimination suffered by national minorities or by persons persecuted for political reasons).

The situation of women workers

9. The Committee notes with concern that it has once again not received information on the situation of women in employment and occupation. It requests the Government to provide information including statistics on the measures taken to prevent discrimination on the ground of sex and to promote equality of opportunity and treatment between men and women, and on the situation of women workers with regard to:

- access to vocational training or retraining;

- access to employment and to particular occupations;

- terms and conditions of employment;

- security of employment.

Cooperation of workers' and employers' organizations

10. The Committee requests the Government to indicate the manner in which it seeks the cooperation of employers' and workers' organizations and other appropriate bodies in securing application of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee recalls that for many years it had examined the compatibility with the Convention of measures which resulted in discriminatory practices in employment and occupation on the grounds of political opinion, social origin and national extraction. In June 1989, a number of Workers' delegates to the International Labour Conference filed a complaint against the Government of Romania under article 26 of the Constitution, alleging violation of Convention No. 111. Since then, the Committee had suspended its comments pending examination of this complaint by the Commission of Inquiry constituted by the Governing Body.

2. The Committee takes note of the report of the Commission of Inquiry, which was presented in May 1991 (see ILO Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement 3) and of the last report of the Government, which was received in February 1992.

3. The Committee notes that the change of Government which took place in December 1989 affected the procedure followed by the Commission of Inquiry, which concluded that the renunciation of the concept of the Single Party and the establishment of the multi-party system, the authorisation to form occupational organisations and associations and the restoration of freedom of worship had vindicated some of the charges made in the complaint and made moot any recommendations it could have deemed fit to make in this respect. The Committee notes that the Commission of Inquiry's recommendations were thus formulated only in respect of such conclusions as might have a bearing on the present situation.

4. The Commission of Inquiry generally concluded that discriminatory practices based on political opinion and social origin may continue to occur in practice; that discrimination based on national extraction and race continued to exist to a serious extent against the Roma and, to a lesser extent, against the Magyars; and that no policy to promote equality of opportunity and treatment in employment and occupation, as called for in the Convention, existed.

5. The Commission recommended, as essential premises for the application of the Convention, the strengthening of the concept of the rule of law in Romanian society; the adoption of the principle of separation of powers; the establishment of an independent and objective judiciary including just rights of access, appeal and due process in judicial proceedings; and the observance of human rights, including freedom of association and of collective bargaining. The Commission specifically recommended that measures should be taken as soon as possible to end all discrimination in employment and occupation based on any of the criteria set out in the Convention, and in particular on political opinion; to dismantle the policy of assimilation and discrimination against minorities; to redress the effects of the former policy of discrimination; and to formulate and promote a policy of equality of opportunity and treatment in employment, occupation, training and education, including the development of a climate of tolerance for all groups of Romanian citizens regardless of their race, religion or national extraction. The Commission further recommended a number of specific actions to be taken to accomplish the above aims and that detailed information on all relevant developments be given in the annual reports on the application of Convention No. 111, submitted under article 22 of the ILO Constitution.

6. In the light of the Committee's previous comments, the conclusions and recommendations of the Commission of Inquiry and the information contained in the report of the Government, the Committee wishes to make the following comments:

Measures to establish the political, legal and social framework necessary to apply the Convention

7. The Committee refers to the recommendations of the Commission of Inquiry concerning the need for Romania to establish certain conditions as essential premises for full compliance with Convention No. 111. Firstly, the Commission stressed the need to establish the rule of law. The Committee notes with interest that in the new Constitution of 8 December 1991, political pluralism is guaranteed; the separation of the legislative, executive and judicial powers is set out; a Defender of the People is to be appointed to defend the rights and liberties of the citizens; free access to justice is guaranteed along with the right to have an interpreter before the court; and the independence of judges and due process guarantees are established, as well as the right to personal freedom and the right to choose one's residence. The Committee also notes with interest the Constitutional provisions concerning the incorporation of international treaties, to which Romania is a party, into national law (article 11) and the requirement for the rights and liberties of citizens under the Constitution to be interpreted and applied in conformity with the Universal Declaration of Human Rights and other treaties, and the priority given to international human rights treaties over national laws in cases of inconsistency (article 20).

8. Secondly, the Commission stressed the need to develop a climate of mutual tolerance in the country. In this respect, the Committee expresses its interest in article 30 of the new Constitution which establishes rights of freedom of expression but at the same time declares that such freedom shall not be prejudical to one's dignity, honour, personal privacy and the right to one's own image and it outlaws instigation to national, racial, class or religious hatred. The Committee also emphasises the importance it attaches to the declaration published by the Government on national minorities, the details of which are more fully set out below. The Committee requests the Government to report on the results these efforts have had on public opinion and to supply details on other measures contemplated or taken to foster understanding of the principles of equality of opportunity and treatment and tolerance between various groups of the population.

Discrimination on the grounds of political opinion and social origin

9. With reference to its previous comments, the Committee notes with interest that article 4(2) of the Constitution of 8 December 1991 prohibits discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, including the grounds of political opinion and social origin. The Committee also notes with satisfaction that section 2 of the Labour Code as amended by Decree No. 147 of 1990, now also refers to political convictions and social origin as grounds on which discrimination is prohibited and that Act No. 30 of 15 November 1990, concerning the recruitment of employees on the basis of abilities, prohibits distinctions based on political, ethnic or denominational (religious) criteria, sex, age or economic situation.

10. The Committee notes the conclusion by the Commission of Inquiry that while it was convinced that there was no longer a nationally defined and rigorously applied policy which would lead, in the field of employment and vocational training, to discrimination on the basis of political opinion and social origin, in fact, manifestations of differing political opinions than those in power may still give rise to discriminatory practices. It would therefore be grateful if the Government would provide information on the measures taken or contemplated to ensure that such practices are stopped, including information on the establishment of grievance procedures, the implementation of judicial decisions condemning such practices and the establishment of procedures controlling the use of the personnel records which workers had to fill out under the former regime.

11. The Committee also notes that article 50(a) of the new Constitution provides that "faithfulness towards the country is sacred". The Committee recalls its previous comments concerning the need to eliminate or clarify terms such as "loyalty to the Government" and accordingly requests the Government to clearly define what is meant by the above provision in order to avoid all risk of arbitrariness in its application which could amount to discrimination under the Convention.

Discrimination on the grounds of national extraction and race

12. The Committee recalls that in previous comments it had drawn attention to the discriminatory effect of the former regime's policy of forced assimilation including discrimination against minorities in access to employment, training and education largely on account of linguistic problems; and to resettlement policies affecting the Magyars (Romanian citizens of Hungarian origin). The Commission of Inquiry found conclusive evidence of the existence of discrimination in employment and occupation affecting members of national minorities on the grounds of national extraction and race. The Roma minority, and to a lesser extent the Magyar minority, are the two groups against whom discrimination is systematically practised. The Committee notes the conclusion by the Commission of Inquiry that the repeal of the provisions respecting the arbitrary posting of graduates and the abolition of discriminatory administrative practices had contributed to the elimination of certain situations in which there had been complaints. However, the Commission observed that these measures alone have not restored equality for the Magyars. With regard to the Roma, the Committee notes that the Commission of Inquiry concluded that no appreciable improvement in their situation had occurred since the events of 1989, and that direct discrimination appears to continue and is probably aggravated under the influence of the defamatory campaigns conducted by the mass media, which treat the Roma as scapegoats responsible for all past, present and future ills.

13. The Commission of Inquiry recommended a series of measures to be taken by the Government to improve the situation of these minorities, including the adoption of a language policy which would take into consideration the linguistic needs of members of these communities and facilitate their access to education, training and employment; and the adoption of a national policy recognising the cultural identity of the minorities and the eradication of negative attitudes which had been particularly cultivated against the Roma.

14. The Committee thus notes with interest the provisions in the new Constitution which prohibit discrimination on the grounds of race, nationality or ethnic origin (article 4(2)), and which recognise, and guarantee, to any person belonging to a national minority the right to the preservation, development and expression of one's ethnic, cultural, linguistic and religious identity (article 6(1)); and the requirements that protective measures taken for the national minorities shall conform to the principles of equality and non-discrimination in relation to other Romanian citizens (article 6(2)).

15. The Committee notes with great interest the Declaration of the Government on national minorities, published in a national newspaper on 4 December 1991. In this Declaration, the Government recalls that the rights and obligations and freedoms established in its new democracy apply to all citizens including those members of minorities, and it pledges to guarantee the constitutional rights of minorities, including the preservation of their cultural identity and the right to study in their mother tongue. Persons belonging to the minority will be protected against attempts at forced assimilation and measures of exclusion and segregation. The Government recalls the penal sanctions against acts of violence committed against a person of another nationality on the basis of their nationality or ethnic origin and it reaffirms its intention to rigorously apply the law in this respect. It also pledges to denounce and combat nationalist hatred, fanaticism, racism and antisemitism. The Committee requests the Government to indicate the extent to which the Government's declaration has legal effect.

16. The Committee also notes with interest the repeal of Decree No. 153/1970 which provided for penalties in the case of certain offences against laws of communal social life and public law and order, and which had been used against members of the Roma minority.

17. With reference to linguistic needs, the Committee notes with interest article 32 of the new Constitution which provides, inter alia, that education in all grades may be conducted in widely spoken foreign languages other than Romanian and that any person who belongs to a national minority is guaranteed the right to learn and to be educated in his mother tongue, pursuant to regulations. The Committee requests the Government to provide information on the manner in which education in the mother tongue of the Magyar and Roma minorities is guaranteed in practice and to supply copies of any regulations issued pursuant to this provision. In this connection, the Committee also notes Decision No. 521/1990, respecting the organisation and functioning of teaching in Romania for 1990-91, which provides for teaching of vocational training in the mother tongue of the Roma but not of the Magyar. The Committee asks the Government to provide information on the implementation and evaluation of this programme and to indicate whether any measures have been taken or are contemplated to extend the possibility to receive vocational training to the Magyars in their mother tongue.

18. With respect to specific measures to improve the social and economic situation of the Roma, the Committee notes with interest the information provided in the Government's report on the adoption of a programme aimed at increasing the socio-economic status of the Roma and solving their problems of employment. The programme includes the hiring of 22 labour inspectors (13 of which have already been engaged), constant contact and cooperation with the leaders of the Roma communities, the holding of training and retraining courses for unemployed Roma, the institution of an interministerial commission, a study on the construction of housing for the Roma, integrating the Roma into legal lucrative activities and collecting data on the Roma. The Government indicated that the census held in January 1992 will contribute substantially to this collection of data. The Committee welcomes this initiative, and notes the Government's statement that this programme was adopted following the recommendations of the Commission of Inquiry. The Committee requests the Government to continue to supply information on the implementation of the programme and the results achieved. In this respect it would be grateful if the Government could provide more detailed information on the manner in which the representatives of the Roma participated in the formulation of the programme and the manner in which they will participate in its implementation.

19. The Committee believes the above combination of actions may be considered as an initial positive response to the recommendations of the Commission of Inquiry with regard to the formulation of national policies to address the existence of discrimination and intolerance against national minorities. The Committee would now underline the need for the application in practice of these policies and it requests the Government to provide details on the implementation of the constitutional and legislative provisions and the impact of the Government's policy on national minorities.

Measures of redress

20. The Committee notes that no information was provided on the implementation of certain recommendations made by the Commission of Inquiry concerning the compensation of persons who had been victims of discrimination based on political opinion. In particular the Committee requests the Government to indicate the measures taken to give effect to Recommendations No. 4 (concerning putting an end to the effect of all discriminatory measures in employment and restoring equal opportunity and treatment to the persons concerned), No. 6 (concerning the guarantee of an efficient and impartial follow-up to the requests for medical examination made by the persons who went on strike on 15 November 1987 in Brasov, who had been rehabilitated by the courts), and No. 7 (concerning the reinstatement of workers who had lost their jobs as a result of being arrested following the June 1990 demonstrations and who had not been released until more than two months). It also requests the Government to provide the information requested in Recommendation No. 20 on reparations for the discrimination suffered by national minorities or by persons persecuted for political reasons.

Dissemination of conclusions and recommendations of the Commission of Inquiry

21. The Committee notes with interest that, in accordance with the request of the Governing Body, the conclusions and recommendations of the Commission of Inquiry have been published in Romanian in order to permit their dissemination to the persons concerned. The Committee requests the Government to indicate the measures taken or envisaged to ensure the widest possible dissemination of this publication.

The situation of women workers

22. The Committee notes that it has not received information on the promotion of equality between men and women for a number of years. It requests the Government to provide information on the measures taken or contemplated to prevent discrimination on the grounds of sex and to promote equality of opportunity and treatment between men and women, and on the results obtained with regard to:

- access to vocational training;

- access to employment and to a particular occupation;

- terms and conditions of employment;

- retention of employment.

Cooperation of workers' and employers' organisations

23. The Committee requests the Government to indicate the manner in which it seeks the cooperation of employers' and workers' organisations and other appropriate bodies in securing application of the Convention.

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

The Committee recalls the decision of the Governing Body at its 244th Session (November 1989) to set up a commission of inquiry to examine the complaint that Romania is not observing Convention No. 111, submitted under article 26 of the Constitution of the ILO.

In accordance with its customary practice, the Committee is suspending its comments on the application of the Convention pending the conclusions of the commission of inquiry.

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

The Committee takes note of the decision of the Governing Body at its 244th Session (November 1989) to set up a commission of inquiry to examine the complaint that Romania is not observing Convention No. 111, submitted under article 26 of the Constitution of the ILO.

In accordance with its customary practice, the Committee is suspending its comments on the application of the Convention pending the conclusions of the commission of inquiry.