Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Croatia (Ratification: 1991)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2 and 3 of the Convention. Gender equality and promotion of women’s access to employment and occupation. In its previous comment, the Committee asked the Government to provide information on the measures taken to promote women’s access to a wider range of jobs and to give them a wider choice of educational and vocational opportunities. The Committee also asked the Government for details of the number and proportion of female civil servants and civil service employees in posts of responsibility. The Committee notes the Government’s reference to the National Employment Promotion Plan (NEEP) 2011–12, which was extended to 2013, and the fact that one of its priorities was the improvement of the employability of women. Measures in this plan included the revision of existing labour market policies in order to foster the labour market participation of women with few qualifications and to provide educational and training programmes adapted to the needs and circumstances of women (especially those with few skills) who are returning to the labour market. The Government indicates that in 2012, 36 per cent of new entrants to educational programmes (for unemployed persons) were women. That year, vocational training was introduced in the form of work-based training (occupational training without commencing employment) which, according to the Government, allows unemployed persons to gain professional experience in the occupational sector for which they were trained. In 2012, 5,456 persons benefited from this (72 per cent were women) and 14,445 new participants joined the programme (71 per cent women). The Committee notes the Government’s statement that the Croatian Employment Service (HZZ) implemented a project entitled “Women in the Labour Market” in order to reduce unemployment and contribute to the elimination of all forms of discrimination against women in the labour market, but that it does not specify the timeframe for the project. The Government also indicates that, in February 2012, a “Palette of new active employment policy measures for women who are unfavourably positioned on the labour market” was completed. As a result, 50 employees of the HZZ and social welfare centres were trained; a trainer manual was developed; a “Guide for gender-aware policy” and a “Handbook with examples of good practices in implementing active labour market policies for women unfavourably positioned in the labour market” were published; and a short documentary film was produced.

The Committee notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the effectiveness of the Office for Gender Equality and the Ombudsperson for Gender Equality is hampered by the inadequacy of the human, technical and financial resources allocated to them (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 12). Noting that the National Gender Equality Policy 2011–15 has expired, the Committee notes the Government’s indication in its report that the Office for Gender Equality is in the process of preparing a new policy for the period 2017–20 but that, to date, it has not been adopted.The Committee asks the Government to provide information on the adoption of a new National Gender Equality Policy, its content and the period it covers. It also requests information on the results achieved under the National Gender Equality Policy 2011–15. The Government is also asked to indicate during which period the project “Women on the Labour Market” was implemented; to provide information on results achieved and to indicate whether this project, or any similar project, has been renewed. The Committee asks the Government to provide information on the number and proportion of women in the labour force, in both the private and public sectors, if possible by sectors of activity.

Equality of opportunity and treatment in employment and occupation of the Roma. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure access to education for Roma children without discrimination; to strengthen its efforts to promote employment opportunities and to ensure equal treatment of Roma people, particularly women, in employment and occupation; and to provide specific information on the impact of the job search assistance provided for the Roma people by the employment service. The Government indicates that the HZZ does not monitor unemployed persons according to their national extraction, but that it is estimated that, out of the 16,975 persons of Roma national minority living in Croatia (according to the census conducted in 2011), 4,499 were registered as unemployed with the HZZ in 2011 and 4,206 in 2017. In the period 2015–17, on average, 48 per cent of Roma people registered with the HZZ were women. The Committee notes the Government’s description of the regular activities of the HZZ to which all registered unemployed persons, including Roma, are invited as well as the activities directed exclusively at these persons, such as group counselling, targeted visits to employers to promote the employment of members of the Roma community, promotion of existing employment and self-employment measures and advice on starting a business. It also notes that the HZZ carries out a number of active labour market policy measures targeting disadvantaged unemployed persons, applying the “Guidelines for the development and implementation of active employment policy in the Republic of Croatia for the period 2015–2017”, in order to increase the employment rate of disadvantaged groups, including the Roma. The Committee notes that the Annual Report of the Ombudsperson for 2017 points to discrimination in employment on the grounds of ethnicity, with the Roma national minority being particularly affected. According to the Ombudsperson, employers are still reluctant to employ persons belonging to the Roma community, mainly due to widespread stereotypes about their way of life and work habits. The Committee also notes the adoption of a National Roma Inclusion Strategy (NRIS) 2013–20 identifying employment as one of the four “crucial areas” of a comprehensive strategy. Regarding education, the Committee notes that, according to a report of the European Commission against Racism and Intolerance (ECRI) dated 21 March 2018, despite the introduction of free pre-school education in the year preceding enrolment in primary school which has contributed to an increase in the enrolment rate of Roma children, only 32 per cent of these children aged from 4 to 6 years attended pre-school in 2016 (compared to 72 per cent of the general population). Although the rate of enrolment of Roma children in compulsory primary school is as high as in the general population (95 per cent), this rate drops significantly at secondary school (35 per cent compared to 86 per cent of the general population). According to the ECRI, 77 per cent of young Roma people aged 16–24 years are neither in work nor in education or training.The Committee reiterates its requests to the Government to provide information on the measures taken to ensure access to education, including pre-school education for Roma children without discrimination. It also asks the Government to continue providing information on the measures specifically designed to promote employment opportunities and to ensure equal treatment of Roma people, and particularly women, in employment and occupation. The Government is also asked to provide more details on the impact of the job search assistance provided for Roma people by the employment service and to indicate the results achieved through the implementation of the National Roma Inclusion Strategy (NRIS) 2013–20.

Article 3(d). Access of national minorities to employment under the control of a national authority.In the absence of information regarding the implementation of the Civil Service Employment Plan for persons belonging to national minorities for the period 2011–14, the Committee once again asks the Government to provide information on the following:

• –the action taken by the Government to promote and ensure access by members of national minorities to public employment in the framework of the Civil Service Employment Plan and the results achieved;
• –the progress made in achieving recruitment targets for minorities;
• –the current ethnic and gender composition of the civil service; and
• –any obstacles encountered in the implementation of the above-mentioned plan.

Enforcement. The Committee notes that the Annual Report of the Ombud for 2017 underlines the issue of under-reporting of cases of discrimination, and the lack of awareness of the issue and of the available avenues for redress. It also pointed out that the currently available data on the number of court proceedings and their completion, the rate of success of documents and sanctions against the perpetrators of discrimination may be discouraging for victims, with protracted procedures, few claims upheld, low levels of compensation and sentences often below the legally required minimum. The Ombud recommended further improvements in the position of victims and the development of preventive action and better training on discrimination, as well as more dissuasive sentencing.The Committee once again asks the Government to provide information on the application in practice of the relevant provisions of the Labour Act, 2014, and the Anti-Discrimination Act, 2008, including the number and nature of cases of discrimination in employment and occupation reported to the Ombud or filed with the courts by the labour inspectorate. The Committee also once again asks the Government to clarify whether labour inspectors conduct any awareness-raising activities aimed at eliminating discrimination in employment and occupation on any of the grounds prohibited by the national legislation. The Committee reiterates its request for the Government to: (i) take the necessary measures to promote public awareness of the anti-discrimination legislation and the available remedies; (ii) indicate the measures taken to assist victims in bringing discrimination cases; and (iii) ensure that victims’ rights are protected once they have filed a complaint.

Noting the concerns expressed by CEDAW that the effectiveness of the Office for Gender Equality and the Ombud for Gender Equality are hampered by the inadequacy of the human, technical and financial resources allocated to them, the Committee wishes to recall that a lack of human and material resources has an impact on the capacity of these bodies to perform their tasks and exercise their powers effectively.The Committee asks the Government to identify the steps taken or envisaged to ensure that these equality bodies have sufficient resources to achieve their full mission.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.