Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République de Moldova (Ratification: 1996)

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the application of legislation concerning sexual harassment, the measures taken to raise awareness and the remedies available to victims. The Committee notes with interest that, on 23 August 2019, a draft Law for the modification of some legislative acts was drawn up in order to prevent and combat sexual harassment in the workplace and in the education system. This includes certain provisions in the field of prevention, examination and settlement of sexual harassment cases. The Committee also observes that one of the strategic goals of the National Human Rights Action Plan for 2018–2022 is to ensure that all reported cases of sexual harassment (including at work) are promptly and efficiently investigated, and that the general public is well informed of the meaning of sexual harassment, as well as the rights and guarantees of victims. The Committee reiterates its request for information on the application in practice of the legislation concerning sexual harassment and on the remedies available to victims. It also asks the Government to provide information on measures taken in the application of the National Human Rights Action Plan to raise awareness among workers, employers and their organizations regarding sexual harassment in employment and occupation. The Committee further asks the Government to provide information on the progress of the draft Law of 23 August 2019.

Article 2. Equality of opportunity and treatment between men and women. The Committee requested the Government to provide information on the measures taken to address the practical barriers faced by women in employment and occupation. The Committee takes note that, in its report, the Government indicates that three Career Guidance Centres (CGC) were established in 2016 to promote equal access for all jobseekers to employment and encourage the equal participation of women and men in the labour market. The Committee also takes note of: (1) the Strategy for Gender Equality for 2017–2021 and its Action Plan, which consists of empowering women in order to achieve equality between women and men in Moldova; (2) the National Employment Strategy for 2017–2021 which counts, among its four objectives, the creation of formal, non-discriminatory and productive employment opportunities; and (3) the National Human Rights Action Plan for 2018-2022 which has as one of its strategic goals the elimination of discrimination against women and girls. The Committee notes that, according to data from the National Bureau of Statistics (NBS), out of a total of 1,126,300 persons not active in the labour market, 154,800 women pointed to family responsibilities as the reason why they did not want to work (NBS, 2020 Labour Force in the Republic of Moldova: Employment and Unemployment). The Committee also observes that, in its reports to the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the Government stressed that the insufficiency of early pre-school education services prevents women with small children from integrating into the labour market, and referred to the adoption, in 2018, of a number of amendments to the Education Code (Law No. 152/2014) to ensure access for children from the age of 2 years old to preschool education services (CEDAW/C/MDA/6, 24 January 2019, paragraph 350 and CEDAW/C/MDA/RQ/6, 16 December 2019, paragraphs 77 and 78). The Committee asks the Government to provide information on the measures taken or envisaged to address the practical barriers faced by women in employment and occupation, in particular related to family responsibilities, within the framework of the Career Guidance Centres’ activity, the Strategy for Gender Equality for 2017-2021, the National Employment Strategy for 2017–2021 and the National Human Rights Action Plan for 2018–2022. In the absence of information on the results of the activities of the Joint Information and Services Bureau, the Committee reiterates its request on that point.

Occupational segregation. The Government indicates that in 2017 the National Employment Agency (NEA) developed, with the support of the ILO, two platforms that aim to inform young people about the importance of their decisions on their future profession and to provide them with information and career guidance. Referring to its 2020 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls that occupational segregation of women in lower-paid sectors is one of the main reasons for the gender equal pay gap in Moldova. The Committee would like to bring to the attention of the Government that social stereotypes that deem certain types of work suitable for men or women channel women and men into different education and training and subsequently into different jobs and career paths, resulting in certain jobs being held almost exclusively by women (General Survey on the fundamental Conventions, 2012, paragraph 713). The Committee further observes that, in its reports to CEDAW, the Government indicated that the masculinization and feminisation of professions remains a challenge in both the educational system and the labour market, as women are under-represented in areas such as information technologies, construction, industry and agriculture, and it explained that the presence of girls in computer science studies is promoted through the project “GirlsGoIT” (CEDAW/C/MDA/6, paragraph 183 and CEDAW/C/MDA/RQ/6, paragraph 71). The Committee asks the Government to provide information on measures taken to address gender stereotypes relating to the work “suitable” for men and women and to ensure that career guidance and information for young persons is free from social stereotypes that lead to occupational gender segregation and promotes equal access to all fields of education.

Articles 2 and 3(b). Legislative developments. In its previous comments, the Committee asked the Government to provide information on the implementation and impact of the new legislative provisions concerning gender equality introduced by Law No. 71 of 14 April 2016 on Amendments and Addenda to Some Legislative Acts. Noting that the Government’s report is silent on that point, the Committee therefore asks again for information on the measures taken to implement these new legislative provisions and their impact in practice.

Article 3. Workers with family responsibilities. Paternity leave. The Committee recalls that it requested the Government to provide data disaggregated by sex on the number of workers that have been granted paternity or parental leave. The Committee notes that, in its Beijing+25 National Report submitted to the United Nations Economic Commission for Europe (UNECE), the Government indicated that 2,147 fathers benefited from parental leave in 2016 (5.1 per cent of the total number of beneficiaries), 3,355 fathers in 2017 (7.6 per cent) and 4,359 fathers in 2018 (9.6 per cent) (UNECE, National Level Review on the fulfilment of commitments taken under the Beijing declaration and platform for action). The Committee welcomes the increasing number of fathers benefiting from parental leave and asks the Government to provide information on: (i) the measures taken to promote the take up of paternity or parental leave by fathers; and (ii) any obstacles encountered to increase the numbers of fathers taking such leave. Please provide copies of any studies, reports or information on the impact of the increasing take up of paternity or parental leave by fathers on the advancement of gender equality, particularly in employment and occupation.

Article 2. Equality of opportunity and treatment for the Roma. The Committee notes the Government’s indication, in reply to its previous request, that: (1) under Law 105/2018, all job-seekers, including Roma, can benefit free of charge from NEA’s employment services (1,902 Roma people addressed NEA for support in 2018); (2) unemployed Roma can access, among other services, free of charge training courses, professional traineeships, certificates in knowledge and skills acquired in non-formal and informal education, and counselling; (3) NEA has implemented training in public works to temporarily improve the unemployment situation; (4) of the total registered unemployed Roma people, 85 per cent have no professional experience and are looking for a job for the first time, and only 5 per cent have recent work experience; and (5) in 2018, 10.7 per cent of registered unemployed Roma people entered the labour force and 90 per cent benefited from mediation services. The Committee also notes the Government’s indication that one of the main barriers to the employment of the Roma people is the low level of education and that, in many situations, they cannot undertake vocational training due to the lack of reading and writing skills. The Committee observes that the UN Committee for the Elimination of Racial Discrimination (CERD) and the UN Committee on Economic, Social and Cultural Rights (CESCR) have expressed concern about the lack of access for Roma people to employment (CERD/C/MDA/CO/10-11, 7 June 2017, paragraph 20 and E/C.12/MDA/CO/3, 19 October 2017, paragraph 26), and that CEDAW has recommended that the State party strengthens the evaluation and monitoring of the Plan of Action to Support the Ethnic Roma Population (2016–2020) (CEDAW/C/MDA/CO/6, 10 March 2020, paragraphs 40 and 41). The Committee takes note of the measures and services implemented to facilitate the access of Roma people to employment and occupation. The Committee asks the Government to provide information on the measures taken to promote employment and training services for Roma people and on any measures aimed at tackling the main obstacles for Roma people to accessing employment and occupation, including the lack of education and reading and writing skills. The Committee also asks the Government to provide information on the impact of such measures on the employment of Roma people, including within the framework of the application and monitoring of the Plan of Action to Support the Ethnic Roma Population.

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 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, and 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.

Enforcement and awareness raising. In its previous comments, the Committee requested the Government to provide information on the application of section 386(41) of the Labour Code, on the specific nature of violations relating to discrimination cases and the measures to prevent them, and on the restoration of the powers of the Council for Preventing and Eliminating Discrimination and Ensuring Equality. Regarding prevention and awareness-raising, the Committee notes the Government’s indication that the NEA, in partnership with the Council for Preventing and Eliminating Discrimination and Ensuring Equality, published several documents such as the Discriminatory Trends Study of Employment in the Private Sector, the Practical Guide for Employers to prevent Discriminatory Events in Job Interviews and the Practical Guide for Employers in the Private Sector to Create Recruitment Notices. It also notes that, within the framework of the activities it organizes (including job fairs, round tables, information seminars and workshops), employers’ attention is drawn to the prohibition on including discriminatory criteria in information concerning job vacancies and in employment requirements. The Committee further notes that, in its concluding observations, CEDAW noted with concern that the draft law aimed at strengthening the Council for Preventing and Eliminating Discrimination and Ensuring Equality was withdrawn following the adoption of Decision No. 635/2018 (CEDAW/C/MDA/CO/6, paragraph 14). Taking note of the measures taken to prevent discrimination and promote equality, the Committee requests the Government to continue to provide information, in particular on specific activities undertaken to raise awareness among workers, employers and the public, and the results achieved. The Committee also reiterates its request to the Government for information on the cases of discrimination reported to the labour inspectorates and other relevant authorities and on the application of section 386(41) of the Labour Code. The Committee also requests the Government to consider taking steps to restore the Council’s sanctioning powers.