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

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

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.]