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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Croatia (Ratification: 1991)

The Committee notes the information contained in the Government's first report and requests the Government to provide additional information on the following points:

1. The Committee notes with interest the provisions contained in the Constitution, 1990, the Constitutional Act on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia, 1992, and the Charter on the Rights of Serbs and Other Nationalities in the Republic of Croatia, 1991, which provide for the enjoyment of all rights and freedoms without any discrimination based, inter alia, on all of the grounds set out in the Convention. Noting that article 14 of the Constitution is limited to citizens, but that section 2 of the Act on Human Rights does not appear to be so limited, the Committee requests the Government to indicate whether the legislative protection against discrimination, as set out in the Convention, covers all persons and not only citizens.

2. The Committee notes that the constitutional prohibition of discrimination (article 54) only refers to the right to work, choice of vocation, and access to workplaces and duties under the same conditions. The Committee therefore requests the Government to indicate whether the prohibition of discrimination is understood to extend to vocational training, terms and conditions of employment and security of employment in conformity with Article 1, paragraph 3, of the Convention.

3. The Committee notes with interest the national policy on inter-ethnic relations and non-discrimination contained in the Act on Human Rights and the Charter on the Rights of Serbs and Other Nationalities which provide for the preservation of national, cultural and language identity, participation in political life, and education for national and ethnic communities or minorities. It notes, however, that the policy does not specifically address employment or occupation.

The Committee further notes that no information was provided on the manner in which particular groups are treated in respect of equal opportunities and treatment in employment and occupation. The Committee notes that one indication is found in the Government's report to the United Nations Committee on the Elimination of All Forms of Racial Discrimination (UN document CERD/C/249, 17 September 1993), which states that "as a result of the situation in the UNPAs (United Nations Protected Areas) the guaranteed right to work has been systematically violated and the non-Serb population has been discharged from work". Although the UNPAs are for the time being beyond the control of the Croatian Government, the Committee would appreciate receiving any available information also on these parts of Croatia.

The Committee would therefore be grateful if the Government would provide information on the practical application of the Convention, and on the measures that have been taken to ensure that both men and women from all groups of the country have equal opportunity in access to vocational guidance and training, employment and particular occupations, in terms and conditions of work and in security of employment.

4. The Committee notes the establishment, by the House of Representatives, of the Committee on Human Rights and Rights of Ethnic and National Communities or Minorities with a mandate to determine and monitor the implementation of the policy pertaining to minority and human rights. It would be grateful if the Government would provide information on any action taken by this Committee.

5. The Committee asks the Government to provide information concerning the activities of the Inter-ethnic Relations Office, including any research and policy advice on labour-related matters. It would also be grateful for information on the activities of the Council of Representatives of Ethnic and National Communities or Minorities which has been established in the Office.

6. The Committee notes that no information was provided on the situation of women workers in the country. It requests the Government to provide details on the steps which the Government has taken to pursue a policy to promote equality of opportunity and treatment in employment and occupation between men and women, and the specific contents and aims of the policy.

7. The Committee would be grateful if the Government would provide information on the practical application of the occupational safety and health regulations, which stipulate that certain jobs can be performed only by persons who, in addition to general requirements of employment, also satisfy special requirements regarding, inter alia, sex. In this regard, please describe the rationale for any special requirements regarding sex that may have been established, and list any jobs that can only be performed by persons of one sex as stipulated by the labour authority.

8. The Committee would be grateful if the Government would provide information on any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, and give particulars of the right of appeal available to the persons concerned.

9. With reference to article 17 of the Constitution, the Committee would be grateful if the Government would provide information on the measures taken to ensure that a person cannot legally be discriminated against in employment and occupation based on political opinion, which includes membership in political parties.

10. Please provide information on measures taken to obtain the cooperation of employers' and workers' organizations in promoting the acceptance and observance of the national policy on non-discrimination.

11. The Committee would be grateful if the Government would in future reports provide copies of any relevant regulations or decisions passed by districts (regions) with special self-governing (autonomous) status within the country.

12. Please indicate in the next report whether any provisions of the Act on the Fundamental Rights arising out of the Employment Relationship of the SFRY remain in force in the Republic of Croatia.

13. The Committee requests the Government to supply copies of the following legislative texts with its next report: the Act on Political Organization, the Fundamental Labour Relations Act mentioned in the Government's report, and the Act on the Employment of Foreigners.