Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Croatie (Ratification: 1991)

Article 1(1)(a) and (b) of the Convention. Application in practice. The Committee recalls that, in addition to section 5(4) of the Labour Act of 2009, which prohibits direct and indirect discrimination in the field of labour and labour conditions, the Anti-Discrimination Act of 2008 defines and prohibits direct and indirect discrimination both in the private and in the public sectors, covering all the grounds enumerated in Article 1(1)(a), as well as a number of additional grounds pursuant to Article 1(1)(b) of the Convention. The Committee also recalls that the Ombudsman has become the central anti-discrimination authority. The Committee notes that, according to the Activity Report for 2009 by the Office of the Ombudsman, 172 cases were received by the Office of the Ombudsman concerning discrimination in 2009, of which 54 cases related to race, ethnic affiliation, colour of skin or national origin; 17 cases related to gender; four cases related to religion; three cases related to political or other belief; and 11 cases related to social status or social origin. In 2009, only two civil court procedures had been initiated in accordance with section 17 of the Anti-Discrimination Act. The Committee also notes the Government’s indication that, while the Gender Equality Office and the Civil Service Training Centre of the Ministry of Public Administration had conducted various awareness-raising activities concerning the Gender Equality Act of 2008, case law concerning sex discrimination in employment and occupation has not been developed. The Committee asks the Government to provide information on any other measures taken or envisaged to implement the relevant anti-discrimination provisions of the Labour Act, the Anti-Discrimination Act and the Gender Equality Act with regard to equal opportunities and treatment in employment and occupation. The Committee also asks the Government to indicate the manner in which the provisions of the Anti-Discrimination Act concerning the most serious forms of discrimination, including multiple discrimination, are being applied in practice. Please continue to provide information on any cases of discrimination with respect to all the grounds prohibited by the anti-discrimination legislation dealt with by the Ombudsman, the Office for Gender Equality or the courts, including the number, nature and outcome of the cases.

Discrimination based on sex. Sexual harassment. The Committee recalls that both the Anti-Discrimination Act and the Gender Equality Act contain provisions prohibiting sexual harassment. The Committee notes the Government’s indication that in 2009, a total of 13 complaints filed by workers concerned section 30 of the Labour Act of 1995, which provided for protection of workers’ dignity from harassment or sexual harassment, and that in 2010, a total of 11 complaints were received for the breach of section 130 of the Labour Act of 2009, which has a similar provision. The Committee asks the Government to indicate any measures taken to address sexual harassment at work in practice, including the possible issuance of a code of conduct, and any awareness-raising activities, and to provide information regarding any cooperation with workers’ and employers’ organizations in this regard. It also requests the Government to provide information on the number of sexual harassment cases that have been handled by the Ombudsman, the Office for Gender Equality or the courts, as well as the sanctions imposed and remedies provided.

Article 2. National equality policy. The Committee reiterates its request for information on the status and the content of the draft National Strategy for the Suppression of all Forms of Discrimination in respect of employment and occupation, which was mentioned in the Government’s report of 2007.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee recalls that the Anti-Discrimination Act provides for consultation by the Ombudsman with the social partners when preparing regular reports and issuing opinions and recommendations (section 15(1)). The Committee once again requests the Government to provide information on any consultations held pursuant to the Anti-Discrimination Act and the issues addressed. Please also indicate any other cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation, including any training undertaken or envisaged among workers and employers, and their organizations on the new anti-discrimination legislation.

Enforcement. The Committee recalls that section 10(1) of the Anti-Discrimination Act provides for reporting obligations of state bodies to the Ombudsman concerning reasonably suspected cases of discrimination. The Committee also notes the Government’s indication that the Labour Act provisions imply indirect jurisdiction of the labour inspectorate over cases of discrimination through filing motions to indict before the courts, concerning the application of section 125 of the Labour Act, which provides for employers’ obligations to adopt employment rules concerning protection of workers’ dignity. The Committee further notes the Government’s indication that the state inspectorate covering the employment relations had conducted a total of 15,776 on site inspections in 2010, and that the state inspectorate received a total of 28 complaints concerning discrimination filed by jobseekers in 2009. The Committee asks the Government to continue to provide information on the practical application of section 10(1) of the Anti-Discrimination Act and section 125 of the Labour Act, including the number and nature of cases of discrimination in employment and occupation reported to the Ombudsman or filed before the courts by the labour inspectorate. The Committee also asks the Government to clarify whether the labour inspectors conduct any awareness-raising activities aimed at eliminating discrimination at work on any of the grounds prohibited by the national legislation. The Committee reiterates its request to the Government:

• (i) to take the necessary measures to promote public awareness of the new anti-discrimination legislation and the procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation;
• (ii) to indicate measures taken to assist victims of discrimination to bring discrimination cases;
• (iii) to ensure that victims’ rights are protected once they have filed a complaint.