Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) received on 8 October 2001, which contain information concerning discrimination on the grounds of sex, national extraction and political opinion. The comments have been forwarded to the Government and the Committee will address them, together with any comments the Government may wish to make thereon, at its next session.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Discrimination on the basis of political opinion. The Committee takes note of the detailed information contained in the Government’s report concerning the application of Act No. 451 of 1991 (Screening Act) laying down certain political prerequisites for holding a range of jobs and occupations mainly in public institutions but also in the private sector. This Act was the subject of representations under article 24 of the ILO Constitution on two separate occasions (November 1991 and June 1994). In the decisions of these Governing Body committees, the Government was invited to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee recalls that the level of a certain post within a public or private organization may not be determinative as to whether political criteria can be applied in filling it and that what is required is a careful and objective consideration of the inherent requirements of a job on a case-by-case basis. It also recalls that the exclusions imposed on persons for past activities should be proportional to the inherent requirements of a particular job.

2. In its report, the Government indicates that from the date the Act entered into force in 1991, 366,000 certificates were issued by the Minister of the Interior of which only 302 were unfavourable for the individuals concerned. In the year 1999, the Ministry of the Interior issued approximately 6,000 certificates of which 1.4 per cent were unfavourable. Persons who obtain an unfavourable screening certificate can appeal to a court of law and ask for review. In this respect, the Committee notes from the Government’s report that no statistics are available on how many individuals appealed to the courts seeking a review of unfavourable screening certificates. It notes that the Government reiterates its intention not to extend the validity of the Act beyond 31 December 2000. It further notes that new legislation concerning the status of employees in the state administration is under preparation. The Committee requests the Government to confirm that the Screening Act has not been extended and it hopes that the new legislation envisaged will not contain provisions incompatible with the Convention.

3. Discrimination on the basis of other grounds. The Committee notes with interest that Act No. 167/1999 amended Act No. 1/1991 on employment, and that a new section 1 was introduced, which stipulates as prohibited grounds of discrimination in employment, race, colour, sex, sexual orientation, language, creed and religion, political and other opinion, membership and/or activities in political parties or political movements, national extraction, health condition, age, marital or family status or family responsibilities, except in cases where the law so provides or where there is a valid ground, vital for the performance of the job, inherent in prerequisites, requirements and nature of the job to be performed by the citizen concerned. The Government indicates that by moving the prohibition of discrimination from the preamble to section 1, it would be easier to enforce these provisions and to impose penalties in cases of its violation by employers. The Committee trusts that the Government will indicate the measures taken to ensure its application in practice, including statistical data of cases involving discrimination in employment and occupation.

4. The Committee notes that new institutions have been created including a Council for Human Rights, with a section for combating racism, and an Inter-ministerial Commission for Romany Affairs. The Committee takes note of the information supplied by the Government that a significant change in the state employment policy has taken place with the adoption of the National Employment Plan in May 1999, which will improve chances of job applicants belonging to vulnerable groups, including Roma job applicants. The Government indicates that it has taken a series of measures on the basis of this Plan, including employment promotion among the long-term unemployed, with emphasis on members of the Roma community and strengthening of legal and institutional tools and machinery designed to combat discriminatory practices in the labour market. The Committee also notes that a special committee was established in 1998 within the Ministry of Labour and Social Affairs to deal specifically with the problems of the Roma community and to improve their situation in the labour market. This committee involves representatives from other ministries as well as Roma employers and associations and concentrates on education, employability and employment. Different measures to promote employment and projects aimed at increasing Roma employment are mentioned in the Government’s report, in particular a specialized training programme for social workers that trained 34 unemployed Roma. The Committee also notes the information supplied by the Government regarding the different educational programmes and measures implemented to address the educational needs of Roma children. These programmes include the opening of a secondary school for Roma children where 50 of them are enrolled; assistance to integrate Roma school leavers into social life; measures to train young Romas in different occupations or to continue their general education and integration; hiring Roma educational assistants to participate in language teaching and resocialization activities.

5. The Committee also notes the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (19-30 September 1999), submitted pursuant to the Commission on Human Rights resolution 1998/26 (E/CN.4/2000/16/Add.1). The document points out that both Czech authorities and representatives of non-governmental organizations and Roma community associations admit that the Roma continue to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. Some employers consider them to be "lazy" or "irregular in their jobs", so that even when they have the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicates that 70 per cent of the Roma are unemployed and this figure is as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. Regarding education, the Special Rapporteur indicates that the educational system tends to relegate Roma children to "special" schools, considered by some to be institutions for the mentally handicapped or for children suffering from what is regarded as asocial behaviour. The Government estimates that 70 to 80 per cent of Roma children attend institutions of this type. As a result, a large number of Roma children leave school without the necessary primary education since special schools are not considered complete primary schools. Uncompleted primary schooling makes studies at secondary school level or in regular apprenticeship impossible. The lack of qualifications among adult Roma is one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

6. The Committee stresses that the elimination of discrimination in employment and occupation, on all grounds, including national extraction, is critical to sustainable development, all the more so because of the re-emergence of signs of intolerance and racism in some countries. The Committee urges the Government to take measures to improve significantly the Roma’s access to training, education on the same basis as others, as well as to employment and occupation, and to take steps to raise public awareness of the issue of racism in order to promote tolerance, respect and understanding between the Roma community and others in society. It hopes the Government will be able to report progress in positively addressing the serious problems facing Romas in the labour market and in society in general.

7. With reference to its previous comments concerning Act No. 216 of 10 July 1993, which amended the 1990 Higher Education Act, and required the holding of competitions for all jobs of higher education teachers, scientific workers and managers of educational and scientific higher education establishments, the Committee notes from the Government’s report that this Act has been abolished and replaced by a new Act on higher education. The Committee however notes that the new Act, under section 77, provides that positions of teachers in public institutions of higher education are to be filled by competition. The Committee asks the Government to indicate whether the new competition procedure has eliminated political opinion as an element to consider in the selection of candidates.

8. Further to previous comments, the Committee requests the Government to provide information on the practical impact of the measures taken to promote equality between women and men in employment and occupation and to raise awareness of girls and young women about employment and training opportunities available to them beyond those considered "typically female" occupations.

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