Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Legislative developments. The Committee notes that under section 16(1) of the new Labour Code (Act No. 262/2006), the employer is required to ensure equal treatment of employees in respect of working conditions, remuneration, vocational training and career advancement. Section 16(2) provides that all forms of discrimination in labour relations shall be prohibited. For the purposes of the new Labour Code, the definitions of the different forms of discrimination contained in the future Anti-Discrimination Act apply. According to the Government’s report, the current draft Anti-Discrimination Act will cover direct and indirect discrimination based on race, ethnic background, nationality, sex, sexual orientation, age, health impairment, religion and belief.

2. However, the Committee recalls that section 1(4) of the previous Labour Code prohibited discrimination based on sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. The Committee notes with concern that the new Labour Code, in conjunction with the future Anti-Discrimination Act would appear to restrict considerably the protection from discrimination in employment and occupation available under the previous Labour Code, not even providing protection from discrimination on the basis of all the grounds contained in the Convention. The Committee therefore requests the Government to ensure that the legislation continues to provide a high level of protection against discrimination in employment and occupation on all the grounds listed in the Convention, i.e. race, colour, sex, religion, political opinion, national extraction or social origin, as well as the additional grounds previously covered, and to provide information on the specific steps taken to this end.

3. In this context the Committee also notes the concerns expressed by the Czech-Moravian Confederation of Trade Unions according to which the draft Anti-Discrimination Act currently before Parliament did not provide for a strong involvement of the State in the protection against discrimination through its various inspections bodies. In the Committee’s view, it is equally important that the future legislation allows individual victims of discrimination to bring complaints and obtain redress, and that it also permits the competent bodies and institutions to address discrimination and to promote equality in a proactive and coordinated manner. The Committee requests the Government to provide information on the following:

(a)   the measures taken to make the new anti-discrimination legislation, once adopted, known among workers and employers, as well as the public officials and judges responsible for its enforcement;

(b)   the measures taken to assist victims of discrimination, particularly the Roma, in bringing complaints concerning employment discrimination;

(c)   the discrimination cases dealt with by the competent bodies, including the courts and the labour inspectorate, under the Labour Code, the Employment Act, as well as the future Anti-Discrimination Act according to the different grounds of discrimination (facts, rulings, remedies provided or sanctions imposed).

4. The situation of the Roma in employment and occupation. The Committee notes that the Government undertook in 2006 an “analysis of socially excluded Roma neighbourhoods, and of the absorption capacity of entities operating in this field”.  The results of the analysis, which confirmed the existence of social exclusion of the Roma throughout the Czech Republic, are currently under evaluation. The Committee also notes that the Government plans to create a new agency to combat social exclusion and to prepare a comprehensive programme for the integration of the Roma. While the Committee notes that the Government’s report contains an update on measures taken to promote the access of the Roma to education, the Committee regrets that no information has been provided with regard to the specific measures taken to promote the access of members of the Roma community to employment. The Committee, therefore, requests the Government to provided detailed information on the specific measures taken and results achieved in promoting equal access of Roma men and women to employment, including self-employment and employment in the public service. In this regard, the Government is requested to provide information on the relevant measures taken under the envisaged comprehensive programme for the integration of the Roma.

5. The Committee remains concerned that the absence of data on the status of the Roma in employment and occupation may be a serious obstacle to assessing their situation and the impact of the programmes and schemes implemented to improve their situation.  The Committee notes that under Act No. 101/2000 on the Protection of Personal Data, ethnic or racial origin is considered as “sensitive data” which can be collected and processed only under certain conditions, including with the consent of the individual concerned. The Government reiterates that the 2001 census data are the only official data currently available concerning the situation of the ethnic minorities, including the Roma. However, the Committee is aware that the usefulness of the 2001 census data concerning the Roma is questionable due to the significant discrepancy between the number of persons having identified themselves as Roma and the estimated size of the Roma population. The Committee requests the Government to take all measures necessary to explore options with regard to creating the conditions required for the collection of data on the situation of the Roma in employment and occupation, in accordance with the recognized principles of data protection and human rights.

6. The Committee recalls its previous comments on the need to step up efforts to combat prejudices and discrimination against the members of the Roma community and to build trust between the Roma and other parts of the society. It notes that there are a number of initiatives and projects to promote multicultural awareness and anti-racism among students and teachers. The Committee requests the Government to continue to provide such information, as well as information on the measures taken or envisaged to promote racism-free workplaces, in cooperation with workers’ and employers’ organizations.

7. Discrimination on the basis of political opinion. The Committee recalls that Act No. 451 of 1991 (Screening Act), which lays down certain political prerequisites for holding a range of jobs and occupations, mainly in the public service, had been the subject of representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. Following the rejection by Parliament of a proposal to repeal the Act in 2003, the legislation remains in force unchanged, contrary to the Convention. The Committee is concerned that despite the time that has elapsed since the Governing Body’s decision on this matter, this situation remains unresolved. In its report, the Government merely states that no changes had occurred during the reporting period. Noting from the Government’s report that new legislation regulating civil service employment is being prepared, the Committee urges the Government to ensure, in this context, that the provisions of the Screening Act that are contrary to the Convention are modified or repealed, in accordance with the Governing Body’s report.

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

[The Government is asked to supply full particulars to the Conference at its 97th Session and to report in detail in 2008.]