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

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

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.