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

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

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 The foreword argues that the European MPs had been misinformed and had worked on an outdated version of the text.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.