Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that in 2009 only one complaint concerning sexual harassment was received by the competent authority and points out in this respect the difficulty of proving sexual harassment. The Committee also notes that under the National 2010–14 Programme on Equal Opportunities for Women and Men, it is planned to prepare methodological recommendations on the prevention of sexual harassment. The Committee requests the Government to provide information on any measures taken to assist victims of sexual harassment in filing complaints before the competent authorities as well as on any measures taken to prevent and eliminate sexual harassment at the workplace, under section 5 of the Law on Equal Opportunities for Women and Men.

Discrimination on the basis of political opinion. The Committee recalls its previous comments concerning the restrictions applicable to former staff officers of the USSR State Security Committee in respect of access to the civil service under section 9(6)(3) of the Law on Public Service of 8 July 1999 (No. VII–1316) and to the private sector provided for in the Act on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organization of 16 July 1998 (“SSC Act”). The Committee expressed concern that these provisions could amount to discrimination on the ground of political opinion. The Committee noted that section 9(6)(3) of the Law on Public Service of 8 July 1999 had been repealed and the SSC Act was due to expire on 1 January 2009. The Committee notes the Government’s indication that the above restrictions are therefore no longer applicable and that, according to the 2010 data of the National Security Department, the application of the SSC Act affected 211 former permanent SSC employees. In this respect, the Committee reiterates its request for information on any measures taken or envisaged to remedy the situation of persons who were excluded from employment and occupation as a result of national law and practice but contrary to Lithuania’s international obligations.

Article 1(1)(b). Persons with disabilities. The Committee welcomes the detailed information regarding the implementation of the National Programme for Social Integration of the Disabled, in particular with respect to education, training and upgrading of skills. The Committee requests the Government to continue to provide information on the measures taken to implement the National Programme for Social Integration of the Disabled, focusing on the measures taken to increase opportunities for persons with disabilities to obtain employment and remain on the labour market and the results thereof.

Article 1(2). Inherent requirements of the job. The Committee recalls its previous comments regarding requirements regarding the state language, religion or sex that are not deemed to be discrimination under the legislation in force. With respect to the language requirement established by section 9 of the Law on Public Service, the Committee understands from the Government’s report that the level of state language required for being recruited as a civil servant differs according to the category of employment concerned. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee requests the Government to indicate how it ensures that language requirements do not in practice deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment in the civil service. It once again asks the Government to provide examples of cases where the sex of a person or his or her religion has been considered to be an inherent requirement of a particular job, under national legislation or in practice.

Article 2. National equality policy. The Committee welcomes the information provided by the Government on the measures taken to implement the National Anti-discrimination Programme for 2006–08 by the Ministry of Social Security and Labour. It notes in particular the numerous training activities regarding non-discrimination and equal opportunities in employment and occupation that have been organized for civil servants, employees of the labour market institutions, representatives of trade unions and non-governmental organizations, lawyers and judges. The Committee notes that the Government approved in April 2009 the National Anti-discrimination Programme for 2009–11, which aims at investigating the reasons for and manifestations of discrimination, improving antidiscrimination legislation, organising awareness-raising campaigns and events promoting tolerance and providing training for the staff of various institutions on non-discrimination and equal opportunities. It notes that a public campaign on multiple discrimination and various training activities have taken place. The Committee also notes from the Government’s report that in 2009 the Equal Opportunities Ombudsman’s Office received 46 complaints concerning various grounds in the fields of employment and occupations. The Committee requests the Government to continue to provide information on the measures taken within the framework of the National Anti-discrimination Programme for 2009–11 to promote equal opportunities and treatment specifically in the field of employment and occupation, including education and vocational training, and to foster knowledge among workers and their organizations of the legal procedures available to lodge a discrimination complaint. The Committee also asks the Government to provide information on the outcomes of the survey or study on the nature, extent and causes of discrimination, with respect to employment and occupation.

Equality of opportunity and treatment of men and women. The Committee notes with interest the adoption in 2010 of the National 2010–14 Programme on Equal Opportunities for Women and Men, which aims, inter alia, at integrating the issues of equal opportunities into social partnership and social dialogue, disseminating legal information on men’s and women’s rights, strengthening capacities in addressing equality issues and improving skills and capacities of civil servants through training activities and seminars and programmes of public information and round tables, as well as recommendations on how and where to implement special temporary measures. The Committee further notes that the implementation of the Programme is coordinated by the Commission on Equal Opportunities for Women and Men, which prepares an annual progress report, and that the assessment of the general impact of the outcomes of the Programme will be carried out in 2014. The Committee requests the Government to continue to provide information on the measures taken to implement the National 2010–14 Programme on Equal Opportunities for Women and Men, showing their impact on the employment of women, including women from vulnerable groups. Please provide the most recent statistics available on the distribution of men and women in employment, by economic sector.

With respect to equality of opportunity and treatment between women and men in the public sector, where women represent 74.4 per cent of statutory civil servants and only 2.31 per cent in top positions, the Committee notes that a reform of the public service, pursuant to the “Conception on the Improvement of Civil Service”, is currently under way. The Committee asks the Government to take the opportunity presented by the reform of the public service to address the gender-based vertical occupational segregation, including through measures to promote equal opportunities in training and women’s access to a wider range of positions with greater responsibilities and career opportunities. It requests the Government to provide information on any measures taken to promote equality of opportunity and treatment of men and women in the process of the public service reform, as well as measures taken in the public sector more broadly.

Article 2. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee welcomes the various initiatives taken to promote equal employment opportunities for members of the Roma community, such as the organization of “labour market days”, the establishment of information facilities for jobseekers and the publication and dissemination of an information leaflet on “The 2008–2011 Roma Integration Programme – new possibilities for Roma people to become actors on the labour market”. The Committee requests the Government to continue to provide information on the various measures to promote equal employment opportunities for members of the Roma community and the impact thereof, including statistics on the number of persons concerned. It requests the Government to provide information on any measures taken, in collaboration with workers and employers or their organizations, to address stereotypes and prejudices against Roma people in employment and occupation. The Committee once again requests the Government to provide detailed information on the measures taken under the Strategy for the Development of a Policy on National Minorities and their impact on promoting equality of opportunity and treatment in employment and occupation of minority groups.