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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (Ratification: 1994)

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

1. The Committee would be grateful to receive detailed information on the measures taken by the Office of the Equal Opportunities Ombudsman concerning public awareness raising, promotion of implementation and enforcement of the Equal Opportunities Act on all grounds of discrimination set out in the Convention. Please also provide information on the number, nature and outcome of the cases handled by the Office, and the Labour Inspectorate, which relate to discrimination in employment and occupation. Noting the establishment of a permanent Inter-Ministerial Commission on Equal Opportunity for Men and Women (Concluding Observations of the Committee on the Elimination of Discrimination Against Women, A/55/38, paragraph 121), the Committee would also like to receive information on the mandate and activities of this new body.

2. The Committee notes the clarifications provided by the Government as to the rationale for the exceptions of certain provisions permitting differential treatment of men and women from the scope of the Equal Opportunities Act. Regarding section 2.2(5), which concerns work that can only be performed by persons of a particular sex, the Committee notes that a list of such jobs has not been drawn up yet. The Committee hopes that section 2.2(5) will be applied narrowly based upon the inherent requirements of the job. The Committee notes from the report that sections 2.2(1) and 2.2(4) provide for maternity-related protection for women. In this connection, the Committee notes that the Government plans to amend the provisions concerning maternity protection under the Law on Equal Opportunities and the Law on Safety and Health at Work, as well as Order No. 18/12 of the Ministry of Social Security and Labour and the Ministry of Health Care. Recalling its previous comment that the list of jobs prohibited for women before, during and after confinement as approved by Order No.18/12 is a very extensive list, the Committee reiterates its suggestion that the Government should envisage a review of this list in order to ensure that the types of jobs prohibited are really restricted to those involving a risk for the health of the foetus and the future mother. Referring to section 2.2(3), which permits the setting of different retirement ages for men and women, the Committee notes that the retirement age for women has been gradually raised since 1995 and that now, pursuant to section 18 of the State Social Insurance Pensions Act, the retirement age will be 60 years for women and 62.5 years for men as of 1 January 2009. The Committee also notes that the obligatory state social insurance period for old-age pension shall be 30 years for men as of 1999 and will be the same for women as of 2004. Noting the Government’s indication that the earlier retirement age for women had been provided in consideration of their maternity functions, the Committee would be grateful if the Government would explain why, while the obligatory insurance period for men and women is being harmonized, a difference of 2.5 years in the retirement ages for men and women is being maintained. In light of the detrimental impact on women that an obligatory early retirement age can have on income levels and career paths, the Committee also requests the Government to indicate whether the earlier retirement age for women is optional or compulsory.

3. With reference to its previous comments relating to equality of men and women in the labour market, the Committee notes that the measures planned under the programme to increase employment for the years 2001-02 adopted by the Government in May 2001, include assistance for women returning to work after maternity leave, entrepreneurial training for women and the establishment of childcare institutions. The Committee also notes the measures taken to promote employment of unemployed women with children under 14 years of age. The Committee requests the Government to provide information on the implementation and achievements of the abovementioned programme for 2001 02. The Government is asked to provide the Committee with statistical information on the situation of women in the labour market, including unemployment, participation in the various levels of education and the different economic activities and occupational groups, and the quality of participation. Please also provide information on the training programmes provided to women by the Labour Exchange Offices, including the fields of training and the numbers of women having received training and successfully integrated into the formal labour market.

4. The Committee notes the information provided by the Government as regards the employment situation of the various minority groups living in Lithuania, including the Roma community. The statistics reveal that members of minority groups are more likely to be unemployed than others. The Committee notes the Government’s statement that the economic activity of certain groups is lower due to language barriers, ethnic peculiarity, and their concentration in economically and socially less developed areas. According to the Government it was noted that members of minority communities are less educated which hampers their integration into the labour market. The Committee notes that the programme for increasing employment 2001-02 aims, inter alia, at ensuring equal opportunities for all persons as regards access to employment, irrespective of their sex, nationality, race, disabilities and other conditions. The Committee also notes that the Government has adopted a programme concerning the integration of the Roma community into society for the years 2001-05. Among other measures, this programme will include the development of vocational training opportunities for Roma people. The Committee hopes the Government is taking positive measures in addition to training and employment-creation programmes to promote equal access to education, training institutions and jobs for the various members of minority groups. The Committee requests the Government to keep it regularly informed of the different stages of implementation of these programmes and on the results achieved. The Committee reiterates its request to provide information on the policy measures taken in regard to access to employment and occupation without discrimination based on religion.

5. The Committee notes with some concern that article 9(6)(3)of the Law on Public Service of 1999 provides that the former staff officers of the USSR State Security Committee (NKVD, NKGB, MGB, KGB), pursuant to the stipulations of the Law on the Assessment of the USSR State Security Committee and the current activities of staff officers of this organization, shall not be eligible for the civil service. The Committee brings to the Government’s attention that this provision could amount to discrimination on the grounds of political opinion and requests the Government to provide, in its next report, detailed information on its application in national practice, including the reasons for the automatic non eligibility provision and the designation of the particular staff officers as well as the number of persons concerned. Please also provide a copy of the Law on the Assessment of the USSR State Security Committee and the current activities of staff officers of this organization. The Committee must also recall its previous comments concerning the application of Article 4 of the Convention. The Committee requests the Government once again to provide information on any legislative or administrative measures and national practice regarding the right of appeal available to persons concerned.

6. The Committee requests the Government once again to inform it of the status of the draft Labour Code on which the Office made comments in 1999.