Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28). The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only. The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16). The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws. The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.