Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Moldova (Ratification: 1996)

1. Discrimination on the basis of sex. Sexual harassment. The Committee notes that section 173 of the Criminal Code (compulsion to acts of a sexual nature) is currently the only legal provision covering sexual harassment. Noting that efforts are under way to adopt legislation addressing the issue of sexual harassment, the Committee requests the Government to provide information on any progress made in this regard, as well as any other information as requested by the Committee in its 2002 general observation on this issue.

2. Article 2 of the Convention. Gender equality in the labour market. The Committee notes from the statistical information supplied by the Government that, between 2000 and 2003 the economically active population was largely gender-balanced, while the economic activity rate among men was consistently some 5 per cent higher than among women. With regard to the access of men and women to jobs in all occupational groups, the Committee notes that women are over-represented in state administration, health, education and social services, as well as in the trade, and the hotel and restaurant sectors. According to ILO statistical data for 2003, women are under-represented among senior officials and managers, while they considerably outnumber men in the occupational category of professionals, service workers and clerks. According to the Government, there was no discrimination on the basis of sex in education. However, the Committee notes the Government’s statement that, in some cases, women were refused employment. In order to enable the Committee to continue to assess progress made in the realization of equality of opportunity and treatment at work of men and women, the Government is requested to provide the following information:

(a)  statistical information on the participation of men and women in the different economic sectors and occupational categories. Please also provide information on the participation of women and men in public sector employment and on the extent to which men and women occupy decision-making and management positions;

(b)  statistical information on the participation of men and women in education, including vocational training, indicating the rate of male and female participation in the different fields of specialization;

(c)  practical measures taken to actively promote the equal access of men and women to employment and occupation, and to prevent and eliminate discriminatory employment practices against women;

(d)  progress made respecting the adoption of the draft Act on equal opportunities of men and women.

3. Trafficking of women. The Committee notes the concern of the United Nations Committee on Economic, Social and Cultural Rights about the extent of trafficking in persons, particularly women, despite the various measures taken to prevent and combat this phenomenon and the United Nations Committee’s recommendation to reinforce anti-trafficking measures, including by improving job possibilities and assistance of women living in poverty (concluding observations of 28 November 2003, E/C.12/1/Add.91, paragraph 19). In this regard, the Committee notes the ILO’s technical cooperation project to combat trafficking in women in eastern Europe, which also covers the Republic of Moldova. This project, inter alia, aims at reducing trafficking of young women through promoting targeted gender-sensitive employment and training programmes. The Committee welcomes this initiative and requests the Government to provide information on the implementation of such programmes and any other measures taken to promote access of women to job opportunities, particularly of women living in poverty.

4. Equal sharing of work and family responsibilities. The Committee notes with interest that the new Labour Code contains measures that allow both men and women to assume their family responsibilities, such as partially paid childcare leave and additional unpaid care leave (sections 125 and 126). However, the Committee also notes that the right to unpaid leave under section 120(2) is only available for women or unmarried single parents having two or more children under the age of 14 (or a disabled child under the age of 16), which appears to exclude married fathers from this measure. Likewise, the additional annual paid leave of four days under section 121(4) is only available to women. In this context the Committee emphasizes that an assumption that family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present), can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. The Committee requests the Government to indicate the reasons for excluding men from the entitlements provided for under sections 120(2) and 121(4). Please also indicate any measures taken to promote equal sharing of family responsibilities between men and women.

5. Equality of opportunity and treatment of ethnic minorities. The Committee notes the information provided by the Government with regard to the situation of the Gaugaz and the Roma. The Committee also notes the concern expressed by the Committee on the Elimination of Racial Discrimination about reports that ethnic minorities, and particularly the Roma, experience discrimination in employment and education (CERD/C/60/CO/9, 21 May 2002, paragraph 18). It therefore requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in employment and occupation of ethnic minorities. In this regard, also indicate the manner in which equal opportunities and non-discrimination on the basis of race and national extraction are ensured in education, vocational training and in respect to employment services. Please also provide statistical information on the participation of ethnic minorities in the labour market.

6. Article 5. Measures of protection and assistance. The Committee requests the Government to supply the text of Government Decision No. 624 of 6 October 1993 on the approval of the list of industries, occupations and work with heavy and harmful working conditions where the use of female labour is prohibited and the standards of maximum permissible weights for women in manual lifting and transport of loads.