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

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

Article 2 of the Convention. National policy of equality. The Committee notes the objectives of the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13) with respect to employment and occupation. In this context, the National Council for Combating Discrimination (NCCD) is responsible for reviewing the Government’s economic and social policies to assist vulnerable groups in the light of the principle of non discrimination with a view to: assessing needs in the area of positive action; developing information and awareness-raising programmes on legislation pertaining to discrimination, as well as codes of conduct for both private and public employers; encouraging workers’ and employers’ organizations to implement measures designed to prevent discrimination at the workplace; and putting in place a strategy to collect and analyse data on discriminatory practices. Welcoming these developments, the Committee requests the Government to provide information on the activities carried out by the NCCD in accordance with the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13), and to communicate a copy of the annual reports of the NCCD on discrimination trends in employment and occupation.

Equality of opportunity and treatment between men and women. The Committee notes the detailed statistics submitted by the Government on the number of men and women in the public service. In 2010, women accounted for about 65 per cent of public servants, of which more than 57 per cent held a managerial position. It also notes that at the local administration level the share of posts occupied by women ranged from between 9.5 and 15.37 per cent for the 2004–08 period and between 4.7 and 12.6 per cent at the beginning of the 2008–12 period, respectively, indicating a drop in the participation of women at all levels. The Committee also notes the activities carried out in 2007 in the area of equal opportunity between men and women as part of the European Year of Equal Opportunity for All (organization of training sessions for public servants, participation in seminars and meetings at both national and international levels). As regards the private sector, the Committee takes note of the information that the National Agency for Equal Opportunities for Women and Men benefited from human resources development programmes, and that women accounted for approximately 58 per cent of participants in training programmes in 2009. Noting however that the Government’s report does not contain any statistics on the employment of women and men in the private sector, the Committee requests the Government to provide this information. The Committee also requests the Government to submit information on any measures taken to guarantee equal opportunities between women and men with respect to access to education, vocational training and employment, in particular on all measures designed to improve equal opportunities for women in rural areas and women from minority groups, especially within the framework of the National Strategy to Implement Measures to Prevent and Combat Discrimination (2007–13).

With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are not applicable to fathers, the Committee asks the Government once again to elaborate on its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any measures are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to women and men on an equal footing.

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information, including statistics, provided by the Government on the results achieved in promoting access of men and women belonging to the Roma community to employment and occupation for the years 2008, 2009 and the first quarter of 2010. It notes that in 2009 the number of persons from the Roma community who entered employment dropped significantly compared to 2008, declining from 13,130 persons to 7,734 persons. The Committee encourages the Government to further equal opportunities among the Roma community and promote their access to employment and vocational training, and requests the Government to continue providing information on the measures taken in this regard in collaboration with the social partners. The Committee also asks the Government to take the necessary steps to ensure that the progress made in promoting equal opportunities of members of the Roma community in employment and occupation are not undermined due to a lack of resources or appropriate funding.

Enforcement of the anti-discrimination legislation. The Committee notes that according to the information provided by the Government for 2007, 2008 and 2009, the complaints lodged with the NCCD mainly concerned employment and occupation. It notes a significant reduction in the number of complaints between 2007 and 2009: 445 in 2007, 409 in 2008 and 247 in 2009. The Committee also notes that the NCCD has participated in court proceedings as an expert in discrimination matters. The Committee requests the Government to continue to provide information on the discrimination cases examined by the NCCD, specifying the reasons for the decrease in the number of complaints registered in 2009. The Government is also asked to provide information on cases of discrimination either recorded by the labour inspection services, or brought to their attention, as well as on any legal ruling relevant to the issues of discrimination in employment or occupation.