Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovakia (Ratification: 1993)

Articles 1 and 2 of the Convention. Discrimination on the basis of race or national extraction in education, vocational training, employment and occupation. Roma. For more than 15 years, the Committee has been referring to the discrimination faced by the members of the Roma Community and their difficulties in integrating into the labour market. The Committee notes the Government’s indication, in its report, that with a view to improving the situation of Roma pupils, several programmes have been adopted within the framework of the Strategy for the Integration of Roma, as updated to 2020, focusing more particularly on: (i) enhancing access to pre-school education for Roma children, including through the building of new education facilities, an increased number of education assistants and the introduction of a career coach to help them in their choice of secondary school; and (ii) reducing the number of Roma children placed in “special” schools, as a result of new legislation on the diagnosis of the mental capacity of children. In the context of addressing unemployment, other measures have also been adopted with a view to: (i) combating long-term unemployment, in the context of the new Action Plan for the Strengthening of Integration of the Long-term Unemployed, adopted in November 2016, which will also benefit members of the Roma community; and (ii) promoting social inclusion and the employment of Roma people, through community centres and field social work, as a result of two projects which started in March 2017. The Government states that information will be provided on the outcomes of these projects once available. The Committee notes that as a result of resolution No. 25/2019 of 17 January 2019, updated actions plans of the Strategy for the Integration of Roma were adopted for 2019–20, in particular in the areas of education and employment, with targeted actions on pre-school education and increased funding for education of Roma children in primary school. Concerning employment, the Committee notes that an action plan provides for: (i) awareness-raising activities on the situation of members of the Roma community in employment; (ii) improved enforceability of anti-discrimination legislation; and (iii) a survey planned for the second half of 2019 on existing barriers to Roma entry into the labour market. The Government also refers to the adoption of Act No. 336/2015 on Support to the Least Developed Districts of the Slovak Republic, which enables the Government to adopt action plans specifically tailored to the needs of the least developed regions and provide them with additional financial resources. Noting the Government’s statement that it is not in a position to provide the statistical information requested by the Committee as such information is not available, the Committee notes that, as recently highlighted by the European Commission, the collection of data about Roma population has been planned under the project “Monitoring and Evaluation of Inclusive Policies and their Impact on Marginalized Roma Communities” for 2016–22, coordinated by the Ministry of Interior and funded by the European Social Fund (European Commission, Report on non-discrimination, 2018, page 53). It also notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern: (i) at the lack of comprehensive information provided by the Government on the socio-economic status of Roma, which limits the effective monitoring of the different programmes and strategies adopted by the Government; and (ii) about the insufficient resources allocated for the effective implementation of the National Strategy for Roma Inclusion which is also negatively affected by challenges in terms of coordination between national, regional and local authorities (CERD/C/SVK/CO/11-12, 12 January 2018, paragraphs 5 and 17). The Committee further notes with concern, the persistent, widespread and systemic discrimination and segregation affecting Roma children in the education system, as noted by several European and international bodies which recommended that all forms of discriminatory practices against Roma, in particular in access to education and employment, be brought to an end (E/C.12/SVK/CO/3, 18 October 2019, paragraph 50; A/HRC/41/13, 16 April 2019, paragraph 121; CERD/C/SVK/CO/11-12, paragraph 25; and European Commission, Country report on non-discrimination, 2018, page 145). The Committee strongly urges the Government to bring an end to the segregation of Roma pupils in schools and asks the Government to provide information on the steps taken to this end and the results thereof. With regard to the discrimination and segregation faced by Roma pupils, the Committee asks in particular that the Government take the necessary steps to ensure that the results and impact of the actions and programmes implemented, including within the framework of the action plans to the Strategy for the Integration of Roma up to 2020, are assessed and asks the Government to communicate the results of this assessment. The Committee further asks the Government to continue to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and eliminated, including through active awareness-raising addressing stereotypes and prejudices, and to provide information on the results of the survey on existing barriers to Roma entry into the labour market. The Committee also asks the Government to provide information on any discrimination cases dealt with by the labour inspectorate, the Ombudsperson or the courts, or other competent authorities, as well as the penalties imposed and remedies granted. Finally, recalling that collecting and analysing appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination against Roma people and the setting of priorities and the designing of appropriate measures and to the monitoring and evaluation of the impact of such measures, the Committee hopes that the Government will soon be in a position to provide updated statistical information, disaggregated by sex, on the labour market situation of Roma people.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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