Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Equality of opportunity and treatment of ethnic minorities. The Committee notes the information provided on the Gaugaz and Roma populations. It notes that the Government undertook a survey on the situation of the Roma in the labour market and that these results contributed to the development of territorial employment programmes for the Roma. The Committee notes the Government’s indication that the primary challenge facing ethnic minorities, including the Gaugaz, on the job market has to do with their level of Moldovan language skills but that this problem cannot be considered as discriminatory. The Committee reminds the Government of the importance of taking active measures to promote equal opportunity and treatment in employment and occupation, including measures such as language training for ethnic minorities whose poor knowledge of the national language acts as a barrier to employment opportunities. It therefore asks for information on the measures planned or in place to address the language barrier facing ethnic minorities in obtaining employment.  Noting that 15 per cent of places in higher education institutions have been reserved for certain categories of the population including the Roma, the Committee also asks  the Government to indicate the proportion of ethnic minorities enrolled in higher education institutions and whether the Government is taking any other concrete measures to ensure equal opportunities and non-discrimination on the basis of race and national extraction in education and vocational training. The Committee further requests detailed information on the impact of the territorial employment programmes aimed at improving employment opportunities for the Roma population. Please also provide a copy of the survey on the situation of Roma in the labour market along with statistical data on the employment situation of other ethnic minorities.

2. Promotion of equality of opportunity and treatment between men and women. The Committee notes from the Government’s report that there are many more women than men in the state administration, health, education and social services, as well as in the trade, hotel and restaurant sectors. It also notes that while women comprised 49 per cent of public servants in 2005, they accounted for only 12.5 per cent of staff in the highest ranking posts – an imbalance that is similarly reflected (17 per cent) in the representation of women in positions of authority in state bodies (Parliament, deputy ministers and administrative directors). In this context, the Committee notes that Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men guarantees gender equality in access to education and training (Article 13(1)). It further provides for the adoption of affirmative action measures to ensure equal representation of both sexes in professions where either sex is over-represented (Article 13(3)). The Committee asks the Government to provide information on the effect of these legal provisions on the participation rates of women in training and education programmes, indicating in particular the rate of male and female participation according to different fields of specialization. Noting the other initiatives undertaken by the National Employment Agency, the Committee asks the Government to continue to provide detailed information on the practical steps taken to promote equal access of men and women to employment and occupation and the results achieved. Please also include any reports submitted to Parliament under section 17(c) of Act No. 5-XVI detailing the situation of gender equality and the activities taken in this regard in accordance with the legislation.

3. Work and family responsibilities. The Committee notes that, under Act No. 5-XVI, employers must provide equal conditions for men and women to combine work and family responsibilities. It further recalls the measures in the Labour Code allowing both men and women to assume their family responsibilities, such as partially paid childcare leave and additional unpaid care leave (sections 125 and 126), but that the right to unpaid leave under section 120(2) does not appear to apply to married fathers and annual paid leave under section 121(4) is only available to women. The Committee again asks the Government to indicate the reasons for excluding men from the entitlements provided under sections 120(2) and 121(4) and to indicate any measures taken to promote the equal sharing of family responsibilities between men and women.

4. Special measures of protection and assistance. The Committee notes that section 248 of the Labour Code prescribes a general prohibition on the employment of women in heavy work, work under harmful conditions as well as in underground work. Noting that the Government did not include a copy of the list of specifically prohibited occupations for women along with its previous report, the Committee again asks the Government to supply the text of Decision No. 624 of 6 October 1993. Referring to the ILO resolution of 1985 on equality of opportunity and treatment for men and women workers in respect of employment, the Committee also asks the Government to indicate whether any initiative has been taken to review this list of prohibited occupations, in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in light of the development of scientific knowledge and technology.

5. Sexual harassment. The Committee notes that, under section 5(2) of Act No. 5-XVI, action which limits or prevents equal treatment of women and men in any manner is considered discriminatory and is prohibited. The Act also includes a definition of sexual harassment in accordance with the Committee’s general observation of 2002. The Committee further notes from section 10(3)(d) that employers must take measures to prevent sexual solicitation in the workplace including cooperating with the competent authorities when complaints of sex discrimination are lodged. Noting that the prohibition of sex discrimination in section 5(2) does not explicitly prohibit sexual harassment, the Committee asks the Government to clarify whether sexual harassment is prohibited under the terms of this provision as a form of sex discrimination. The Committee asks the Government to provide information on the number and outcome of cases of workplace sexual harassment and on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

6. Trafficking of women. The Committee notes the adoption of Act No. 241-XVI of 20 October 2005 on preventing and fighting trafficking in human beings. While considering this and other efforts to counter this ongoing problem, the Committee notes the concern of the Committee on the Elimination of Discrimination against Women with regard to the increasing trend of illegal trafficking in young women and girls along with its recommendation that the Government enhance measures to improve the economic security of women, particularly in rural areas, as a means to eliminate their vulnerability to traffickers (concluding comments of 25 August 2006, CEDAW/C/MDA/CO/3, paragraph 25). In this regard, the Committee recalls the ILO’s technical cooperation project to combat the trafficking of women in Eastern Europe, including Moldova, through promoting targeted gender-sensitive employment and training programmes. It asks the Government to provide information on the implementation of measures under this project to promote access of women to job opportunities, particularly for women living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.