Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Latvia (Ratification: 1992)

Article 1(1)(a) of the Convention. Discrimination on the basis of colour and social origin. The Committee recalls that the Law on the prohibition of discrimination against natural persons engaged in economic activity prohibits discrimination on a number of grounds, including race and ethnic origin, but not colour and social origin. The Committee notes the Government’s indication in its report that any differential treatment in economic activity can be brought before the Ombudsperson, the courts or the labour inspectorate. It further notes the reference by the Government to European Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of race and ethnic origin, which the Government indicates it has transposed into national law. The Committee points out that no definition of these expressions is contained in the Directive. It also notes the Government’s reference to the European Court of Human Rights (ECHR) and the overlapping nature of the concepts of race and ethnicity, which include characteristics such as colour. The Committee agrees with the ECHR and points out that the ECHR made reference to the United Nations Convention on the Elimination of Racial Discrimination (CERD) which indicates that, for the purposes of the CERD, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin. The Committee recalls that social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste affects his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see the General Survey on the fundamental Conventions, 2012, paragraph 802). The Committee emphasizes that, in the context of employment and occupation, Article 1(1)(a) specifically includes the grounds of colour and social origin, along with race and national extraction, to fully ensure that such characteristics and status, even within the same race or ethnic minority groups, are an unacceptable basis of discrimination. The Committee asks the Government to confirm that the ground of race is interpreted in accordance with the CERD and to take the necessary measures to ensure that the application of the legislation with regard to employment and occupation protects against discrimination on the grounds of colour and social origin, including through the monitoring of complaints and cases of discrimination, the dissemination of public information materials and training activities for employers and workers, and to report on the outcomes of such measures. It further trusts that the Government will consider amending the legislation to include specifically the grounds of social origin and colour for purposes of clarity and conformity with the Convention.

Article 2. Equality of opportunity and treatment of women and men. The Committee notes that, while women make up a significant percentage of the workforce, gender segregation in the labour market (within sectors and professions) continues to be a challenge. Although the Government describes a number of initiatives it has taken to address the segregated labour market, the Committee notes that many of these measures appear to be aimed generally at promoting employment and competitiveness, but do not seem to expressly encourage or support either men or women to acquire skills or take up employment or professions in non-traditional areas. It notes the activities undertaken in the framework of projects aimed at promoting gender equality, including addressing gender stereotypes, diversity training and piloting childcare for employees with irregular hours. It notes that gender equality indicators on promotion, gender division in management and equal pay have been included and are being monitored in the “Sustainability Index” of undertakings. The Committee also notes that studies have been undertaken to provide a better understanding of the causes of the labour market inequalities faced by women, including the emphasis in one project on Roma women, and it trusts that these findings will inform policy-making and future programme development. It further notes that “Guidelines for ensuring equal opportunities and rights for women and men, 2016–20”, have been drawn up and that labour market segregation and issues of remuneration differences will be included as one of the action points in the Guidelines. Recalling the Gender Equality Action Plan 2012–13, the Committee asks the Government to provide information on the concrete results achieved under the plan and any evaluation undertaken on its implementation. It also asks the Government to provide information on the implementation of new Guidelines, including activities and their outcomes, and to supply a copy of the adopted Guidelines with its next report. Further, the Committee asks the Government to report on the results and achievements of the various projects, including the preparation of equality plans at the workplace level, childcare provision, the proportion of women in management, the proportions of women and men entering non-traditional sectors and professions, and on the participation of Roma, as well as other minority women, in education, training and employment promotion opportunities.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Roma. The Committee notes that the Plan for Implementation on National Identity, Civil Society and Integration Policy Guidelines 2012–18 (Action Plan of the Guidelines) aims to integrate into society persons at risk of social exclusion and to implement support measures for Roma integration, including to increase their levels of education and employment. It notes that activities to implement the Action Plan of the Guidelines have included awareness-raising campaigns to promote tolerance, and training seminars for civil servants and local government staff and employers, on tolerance and social exclusion, the management of diversity and intercultural competences. It also notes from the Conclusions of the European Commission against Racism and Intolerance (ECRI) on the Implementation of the Recommendations in Respect of Latvia (CRI (2015)5) that, outside the Action Plan, the authorities provided a large number of free Latvian language courses through the National Employment Agency. It notes that, at the time of reporting, a new action plan for 2016–18 was under elaboration based on the study “Roma in Latvia” conducted in 2015. The Government reports that the results of the study showed both improvements in the Roma situation in fundamental areas, pointed to obstacles and challenges, and revealed that, despite the progress of Roma in the labour market (32.4 per cent of Roma perceive themselves as economically active, as opposed to 10 per cent in 2003), Roma continue to be discriminated against in the labour market and their employment opportunities are not equal to other groups due to their low educational levels and socio-economic status. The number of employed Roma persons is three times lower than the average in the country. On the positive side, attendance by Roma children at basic school has increased, but is still considered to be too low. The Committee also notes the concern expressed by the ECRI over the continuation of Roma segregated schools, despite the recommendation of the Ombudsman in 2013 to teach the language or culture of Roma or other national/ethnic minorities in addition to the general school curriculum and not to use this as a reason for segregating Roma into separate classes. It further notes from the summary report of the recent Latvian Roma Platform meeting held on 29 May 2017 the recommendation that greater efforts should be made to address education, employment, employability and entrepreneurship among the Roma population. The Committee asks the Government to report on the implementation of the Action Plan of the Guidelines for the period up to 2018, including any measures adopted and activities undertaken and the results achieved in relation to the levels of educational attainment of Roma children, the participation of Roma in vocational training and other skills development programmes, and their levels of employment. Taking into account the findings of the study “Roma in Latvia”, the Committee trusts that the Government will be in a position to undertake action directed at reducing discrimination against Roma men and women in access to training and jobs and to promote equal access to more and better employment opportunities. The Committee asks the Government to continue providing statistics on the Roma population.

Enforcement. The Committee notes that access to the Ombudsperson has been improved with the website now providing information in Latvian, Russian and English. The Committee notes that the Government has provided a detailed summary of the infringements detected and addressed by the labour inspectorate and the Ombudsperson relating to discrimination and unequal treatment, and notes the statistics on court judgments relating to gender issues. The Committee notes that no infringements were found by the labour inspectorate in the 23 complaints made in 2016 and recalls that labour inspectors participated in a training course on discrimination and differential treatment in 2014. The Committee asks the Government to continue providing the summary information on the complaints and the decisions and outcomes of the judicial authorities, the Office of the Ombudsperson and the labour inspectorate, and to continue to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment.