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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

1. Enforcement of legislation. Recalling its previous comments concerning the adoption and implementation of the 2003 Act on Protection against Discrimination, the Committee notes that the Commission for Protection against Discrimination provided for under the Act was established in November 2005 and started to deal with cases concerning discrimination in training, education and employment. The Committee also notes the view expressed in the European Commission’s May 2006 Monitoring Report that the Commission was not adequately resourced and not yet fully operational. With regard to judicial enforcement of non-discrimination legislation, the Committee understands that a number of discrimination cases have been decided by the courts more recently. The Committee emphasizes that effective complaint procedures are crucial to eliminate discrimination in employment and occupation in practice. In order to enable it to continue to assess the practical application of the Convention, the Committee requests the Government to provide information on the following: (a) the measures taken to ensure that victims of discrimination in education, training and employment have effective access to the procedures of the Commission for Protection against Discrimination; (b) the number, nature and outcome of the cases dealt with by the Commission; (c) any action taken by the Commission to raise awareness among workers and employers of their rights and obligations under the national anti-discrimination legislation; and (d) examples of court cases concerning provisions of the Act on Protection against Discrimination, the Labour Code or other laws relating to discrimination.

2. Equality of opportunity and treatment irrespective of national extraction or religion. Access to education, training, and employment. Over a number of years the Committee has been expressing concern about persisting labour market inequalities along ethnic lines and reports of discriminatory practices against members of ethnic minorities, particularly the Roma. In this context, the Committee urged the Government to provide information on any evaluation carried out to assess the effectiveness of the various programmes to promote equality of opportunity and treatment of the Roma and Bulgarians of Turkish extraction in respect of access to training, education and employment. The Committee also requested information on the manner in which the employment situation of these minority groups is monitored.

3. With regard to the Roma, the Committee notes the statistical information provided by the Government concerning the numbers of teachers that received special training and the establishment of assistant teachers’ posts. Several schools are now “integrated” and a number of pupils are taught in Turkish and Romani. The Government’s report further contains detailed information on the content and implementation of projects for the integration of the Roma community under the PHARE programme of the European Union, including statistical information concerning training provided to public officials with a view to promoting access of Roma to education, training and employment in public administration and the police. A number of Roma attended special courses to prepare them for public administration jobs. The Committee notes the Government’s indication that due to the regulations in force, the Employment Offices do not collect information on the ethnic origin of unemployed persons and, as a consequence, no figures could be provided on the number of persons of Roma origin that were included in labour market programmes to improve employability.

4. While noting this information, the Committee is concerned about the apparent inability of the Government to assess the impact of its programmes to address the continuing difficulties of ethnic minorities in accessing and maintaining employment. The Committee, therefore, urges the Government to indicate in its next report, any measures taken or envisaged to assess the impact of the special measures taken to promote equality of opportunity in employment and occupation of ethnic minority groups which are in a vulnerable socio-economic situation. The Committee also requests the Government to supply information on the actual employment situation of persons of Roma or Turkish extraction and the extent to which such persons obtained jobs in the public and private sectors, after having benefited from skills training or other assistance. The Committee also requests the Government to provide information on the progress made in increasing the number of integrated schools, including the number of Roma children attending such schools.

5. The Committee notes that the Government adopted a National Action Plan for the Decade of Roma Inclusion (2005-15) in April 2005, which, inter alia, identifies education and employment as priority areas for action. The Committee requests the Government to indicate in its next report the concrete measures implemented under the National Action Plan aimed at promoting and ensuring equality of opportunity and treatment in employment and occupation of the Roma, as well as the results achieved.

6. Awareness raising. Recalling its request to the Government to provide information on any concrete and proactive measures taken to raise public awareness and promote respect and tolerance for ethnic minorities, the Committee notes that a number of awareness-raising activities took place in the context of the Decade for Roma Inclusion and that the Government intends to create Roma Culture Centres which are expected to play an important role to promote respect for ethnic diversity. The Committee requests the Government to continue to provide information on the concrete activities carried out to promote respect and tolerance for ethnic minorities, particularly in the context of work, including information on any efforts made to seek the cooperation of workers’ and employers’ organizations in this regard.

The Committee is raising other matters in a request addressed directly to the Government.