Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Germany (Ratification: 1961)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the German Confederation of Trade Unions (DGB) received on 21 November 2019. It further notes the additional observations of the DGB received on 10 November 2020. The Committee requests the Government to provide its comments with respect to the additional observations.

Articles 1(1)(a), 2 and 3 of the Convention. Non-discrimination, equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted the persistent segregation and discrimination faced by minorities, including the Sinti, Roma and people of African descent, in education and employment and requested the Government to provide information on the measures taken to address them. The Committee notes the Government’s statement, in its report, that the situation of persons with a migration background has improved slightly, but remains difficult. The Government indicates that the difficult situation of persons with a migration background in the labour market is due to several causes, including the lack of German language skills, low education, little or outdated work experience, lack of knowledge about the German labour market and discrimination. The Committee welcomes the Government’s indication that, in the framework of the National Action Plan on Integration (NAP I), several programmes focusing on the labour market integration of persons with a migration background continue to be implemented. As a result, numerous large enterprises have already made diversity issues an essential part of their human resource development strategies and many small and medium-sized enterprises have recognized the benefits of diversity in their workforce. The Committee also welcomes the various initiatives taken to improve qualifications and skills for persons with a migration background, including the establishment of regional skilled worker networks. Furthermore, the Committee notes that the Government indicates that: (1) the Federal Government’s Integration Commissioner and the Federal Ministry for Economic Affairs and Energy are working together with various actors, within the “Diversity in the Economy” Forum, to support enterprises with intercultural openness and diversity management, the results of which will be presented at the 13th Integration Summit in early 2021; and (2) work was launched in May 2019 to develop the Integration in the Labour Market Forum, which focuses inter alia on the promotion of vocational training, protection against precarious and exploitative employment, the involvement of women migrants and women refugees in paid work and support for career promotion. The Committee also notes, more particularly, the implementation of the “Strong in the workplace – Mothers with a migration background get on board” (2015–2022) programme (funded by the European Social Fund), which aims to promote access to paid work, in particular through coaching, qualifications or language courses. To date, the federal programme has been able to reach over 10,000 participants. In that regard, the Committee notes that, in its observations, the DGB welcomes the programmes implemented by the Government to enhance the integration of persons with a migration background, but highlights that the gender perspective would need to be more strongly reflected.

With regard to the public service, the Committee notes the Government’s statement that it is aware of its responsibility as an employer and intends to increase the percentage of staff members with a migration background. In that regard, the Committee notes that, according to a study carried out in 2016, the average number of employees with a migration background in the federal administration was estimated at 14.8 per cent. The Government adds that additional employee surveys were conducted within the federal administration in 2019 in order to provide more in-depth data on equality of opportunity and diversity. Based on the results of these surveys, the Government indicates that it will develop new ways for further increasing the participation of people with a migration background and overcoming any obstacles to their access to the labour market.

With reference to education, the Committee welcomes the following initiatives to which the Government refers in its report: (1) the elaboration by the Federal Anti-Discrimination Agency (ADS) in 2018 of Comprehensive Practice Guidelines to combat discrimination against minorities in schools; and (2) the “fair@school” (Schools against Discrimination) competition, a joint initiative launched in collaboration with the ADS, for which the award-winning projects are intended to provide examples of how schools can work for diversity. The Committee however notes the Government’s statement that more measures are needed to address discrimination in education.

The Committee notes that, according to a micro-census conducted by the Federal Statistical Office, in 2017: (1) persons with a migration background represented 23.6 per cent of the total population (representing a 3.6 percentage points increase compared to 2015); (2) their employment rate was estimated at 65 per cent, compared to 77.3 per cent of persons of German origin; and (3) 6.6 per cent of them were not in paid employment, compared to 3.0 per cent of persons of German origin. In 2018, the average unemployment rate of persons with a migration background was estimated at 12.9 per cent, compared to 5.2 per cent of persons of German origin. The Committee further notes that, according to the 2019 Annual Report of the ADS, the number of people contacting the agency to report racial discrimination has more than doubled since 2015 and that 33 per cent of cases concerned racial discrimination, accounting for the highest proportion of all cases.

With regard specifically to the situation of the Sinti and Roma people, the Committee notes that the Government has not provided any information. It notes however that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) expressed concern at the lack of official statistical data on the number of Sinti and Roma and the fact that the latest qualitative study on their situation in the country dates back to 2011 and showed a high level of discrimination and segregation at school and low levels of education. The ECRI also highlighted as a good practice the nomination in a number of Länder of Sinti and Roma mediators to improve interaction and cooperation between Sinti and Roma pupils, their parents and schools (ECRI report on Germany, sixth monitoring cycle, 10 December 2019, paragraphs 95–101).

In light of the high number of persons with a minority or migration background living in the country and the persistent disparities in their access to education, training, employment and occupation, the Committee urges the Government to: (i) strengthen its efforts to prevent segregation and discrimination, in particular to effectively tackle racial stereotypes and prejudices, in the fields of education, training and employment, including with respect to the Sinti, Roma and people of African descent; (ii) provide information on the proactive measures taken to that end in the context of the NAP-I or otherwise as well as on the results of the measures and programmes already implemented, including the Programme “Strong in the workplace – Mothers with a migration background get on board”; and (iii) provide specific information on the results of the “Diversity in the Economy” Forum and the “Integration in the Labour Market” Forum, including any follow-up measures taken or envisaged in this framework.

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.