Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee recalls its previous observation issued in 2007 which addressed the following issues: (1) the developments concerning the adoption of new non-discrimination legislation; (2) the situation of the Roma in employment and occupation; and (3) the outstanding issues with regard to the follow-up to the representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (Screening Act). In its observation, the Committee asked the Government to supply full particulars to the International Labour Conference at its 97th Session and to report in detail in 2008.

Subsequently, the Conference Committee on the Application of Standards discussed the application of the Convention by the Czech Republic at its 97th Session (June 2008). In its conclusions, the Conference Committee expressed concern that the Labour Code of 2006 had withdrawn the previously available protection from discrimination based on a number of additional grounds, including family responsibilities, marital or family status or membership of or activity in political parties, trade unions or employers’ organizations. It urged the Government to hold consultations with the representative employers’ and workers’ organizations and other appropriate bodies concerning these additional grounds, as required under Article 1(1)(b) of the Convention, with a view to maintaining the previous level of protection. It also called on the Government to adopt the new non-discrimination legislation without further delay and to ensure that it was in full conformity with the Convention.

With regard to the situation of the Roma, the Conference Committee stressed that it was essential that the measures taken would lead to objectively verifiable improvements as regards the situation of the Roma in practice. In this regard, the Conference Committee urged the Government to take measures to develop improved means to assess and monitor the situation of the Roma in employment and occupation and unemployment, including through the collection and analysis of appropriate data. It also requested the Government to take further measures to promote and ensure equal access of the Roma to education, training, employment and occupation.

With regard to the Screening Act, the Conference Committee regretted that previously announced plans to repeal the Act had not been followed through and that the Government asserted before the Committee that the Act is not in contravention with the Convention. The Conference Committee strongly urged the Government to bring its legislation into line with the Convention without further delay, in accordance with its obligations, taking into account the relevant conclusions and recommendations of the Governing Body and the Committee of Experts’ comments. The Conference Committee requested the Government to provide information on all these issues in its report under article 22 due in 2008.

The Committee recalls that a report had not been received in 2008 and the Committee repeated its previous comments. However, the Committee noted comments received from the Czech Moravian Confederation of Trade Unions (CM KOKS) dated 25 November 2008. In its comments, the CM KOKS states that, following the 97th Session of the Conference, it made an official request to the Prime Minister to place the application of the Convention on the agenda of the national tripartite body. In October 2008, a meeting of the national tripartite body took place. According to the union, the Government failed on this occasion to submit to the social partners the conclusions adopted by the Conference. The CM KOKS also reiterates its concerns regarding the withdrawal of specific legal protection from discrimination based on marital status, family responsibilities, political or other conviction, membership of, or activity in political parties and movements, trade unions or employers’ organizations. The CM KOKS further maintains that there is a need to improve the role of the State in monitoring compliance of anti-discrimination legislation. Further, it calls for the repeal of the Screening Act.

The Committee notes with regret that since the Conference discussion in 2008 no report has been received from the Government, despite the specific request made by the Conference Committee. The Committee is concerned that its previous comments and the Conference conclusions may not yet have been discussed in an appropriate manner at the national level. The Committee urges the Government to take the measures necessary to ensure follow-up to all the points raised by the Committee in its 2007 observation and direct request, and by the Conference Committee in 2008, and to provide all the information requested without delay.

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]