Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Chequia (Ratificación : 1993)

The Committee notes the detailed information in the Government’s report as well as the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) in 2001 concerning discrimination on the grounds of sex, national extraction and political opinion.

1. The Committee notes with interest the adoption of Act No. 218/2002 of 26 April 2002 (Civil Service Act) and Act No. 115/2000 amending Act No. 65/2000 (Labour Code) and strengthening provisions concerning equal treatment and protection against direct and indirect discrimination and sexual harassment as well as provisions concerning parental leave and equal treatment of men and women with respect to employees caring for children. The Committee also notes with interest that section 133a of Act No. 99/163 on civil procedure shifts the burden of proof in sex discrimination cases. It trusts that the Government will provide information on the practical application and enforcement of the relevant provisions of the Labour Code and the Civil Service Act, including statistical data of cases involving discrimination in employment and occupation in the private or the public sectors. In this connection, the Committee reiterates its previous request to provide information on the practical application of section 1 of amended Act No. 167/1999 on employment.

2. Discrimination on the basis of political opinion. In its previous observations, the Committee took note of the detailed information provided by the Government on 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 the public service. The Act had been subject to representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body committees deciding on the matter invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee notes the statement by the ICFTU that the Screening Act is intended to exclude those individuals with non-democratic views and excessive ties to the communist regime from senior posts in public office and the private sector. The ICFTU further states that Parliament outvoted the veto of the President to renew the law, and that, therefore, the law remained in force. In its reply, the Government indicates that the intention was not to extend the Screening Act after the year 2000, but that several Members of Parliament proposed its extension. The Government further states that it adopted Resolution No. 435 of 3 May 2000 by which it manifested its disfavour in regard of such a proposal as an unjustifiable extension of an extraordinary act, which it felt had become obsolete. It also drew attention to the unfavourable positions of some international organizations, including the ILO, on this matter. However, Parliament extended the Act, despite the dissent of the Government and its effort to avoid such action. The Committee notes these explanations made by Government. Noting also the Government’s statement that the new Civil Service Act of 2002 will replace the Screening Act when it enters into force, the Committee requests the Government to continue to provide information on the status and application of the Screening Act.

3. With respect to the criteria for selection for positions of teachers in public institutions of higher education established under the new Act No. 111/1998 on Higher Education, the Committee notes with satisfaction that the new Act has no further provisions on the competition procedure for such positions and that the only condition is that the announcement of the competition has to be made at least 30 days before the term for applications ends.

4. Discrimination on the basis of race and national extraction. In its previous observations, the Committee had noted the series of measures taken and programmes developed by the Government to address discrimination against members of the Roma community and to address their employment and education needs. However, the Committee had also noted the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (E/CN.4/2000/16/Add.1, 19-30 September 1999) pointing out that the Roma continued to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. The report indicated that some employers considered them to be "lazy" or "irregular in their jobs", so that even when they had the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicated that 70 per cent of the Roma were unemployed and this figure was as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. The Special Rapporteur also questioned the practice of relegating Roma children to "special" schools as a result of which studies at secondary-school level or in regular apprenticeship are made impossible for Roma children. The report concluded that the lack of qualifications amongst adult Roma was one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

5. In its communication, the ICFTU states that the Roma continue to be victims of widespread social discrimination, including discrimination in employment, and that according to ILO estimates the unemployment rate of Roma is three times the national average. It also states that the main reason for this unemployment is lack of suitable skills as a result of incompatibility of many Roma schools with the national curriculum and difficulties in progressing in secondary and higher education. Further, according to ICFTU, employers request local labour offices not to send Roma applicants for advertised positions and individual Roma are not able to file grievances concerning discrimination, which must instead be lodged by the State.

6. The Committee notes the Government’s reply that the unemployment of the members of the Roma is rather high but that open discrimination is not always the cause of their difficult access to the labour market because Roma are generally characterized as low-skilled or unskilled workers and mostly fall into the group of "hardly employable workers". The Government indicates that resolution No. 640 of 23 June 1999 on measures of promoting the employability of persons hardly employable in the labour market (with emphasis on the Roma community) provides for creating wide conceptual vocational training programmes (CHANCE programme). The Government also indicates that the labour offices give financial compensation to those employers who provide employment to hardly employable workers, especially for public works. Further, with respect to employment promotion, the Government refers to the creation of the ministerial committee for employment for hardly employable citizens and to measures taken to improve the employment of the Roma through the projects carried out under the National PHARE Programme funded by the European Union (EU) and the "EQUAL" initiative of the EU to overcome racism and xenophobia in the labour market. The Committee also notes the detailed information supplied in the Government’s report on a series of other measures that have been taken to improve access to basic and higher education for children and youth belonging to the Roma community, including Act No. 19/2000 amending the School Act and allowing persons to be enrolled for high school even if they did not finish basic school.

7. The Committee recalls that in its previous observation, it had urged 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 also hoped that the Government would be able to report progress in positively addressing the serious problems facing Roma in the labour market and in society in general. While being grateful for the information supplied by the Government, the Committee notes that the Government’s report does not provide any practical information on the actual impact of the abovementioned measures to improve the situation of the Roma in the labour market. It also notes with some concern the Government’s statement that there is no discrimination in the area of special education (including vocational training) based on race, colour, nationality, ethnicity or social origin and that clients, especially Roma, do not make sufficient and responsible use of professional offers; the situation needs to be remedied by awareness raising and a suitable social security system. The Committee has to point out that without any practical information, including statistical data, on the impact of the measures referred to by the Government on the educational and employment opportunities of the Roma community, it is unable to assess fully the progress made by the Government to address positively the problems facing Roma in the labour market and in society. Recalling also the importance of translating educational opportunities into real employment possibilities, it urges the Government to provide, in its next report, statistical information on the number of Roma people that have been effectively employed as a result of the abovementioned initiatives, on the number of employers that have received financial compensation for employing Roma and on the measures taken to address in an effective manner the serious prejudices amongst employers to hire members of the Roma community. The Committee also requests the Government to indicate how it intends to assist Roma people who wish to file grievances concerning alleged discrimination by labour offices and employers.

8. Discrimination on the basis of sex. In its report, the ICFTU states that salaries of women are approximately 30 per cent lower than men and that women are disproportionately over-represented in lower remunerated jobs and under-represented in senior positions. It also states that while the labour law prohibits sexual harassment, inquiries show that about half of the working women have reported sexual harassment in the workplace. The Committee notes that section 7(2) of the Labour Code governs employees’ claims in cases of undesirable behaviour of a sexual nature (sexual harassment) at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can justifiably be perceived by the participant concerned as a condition for decisions affecting the exercise of rights and obligations ensuing from labour relations. It also understands that a similar section has been introduced in section 80(3) of the Civil Service Act of 2002. Noting that the Government omits to reply to the ICFTU’s concerns with respect to sexual harassment at work, the Committee asks the Government to provide information on any sexual harassment cases submitted to court on violations of section 7(2) of the Labour Code and to provide information on the measures taken or envisaged, including legislative action, information campaigns and any other measures to sensitize and encourage workers’ and employers’ organizations to combat sexual harassment at work. With respect to the issue of equal remuneration between men and women, the Committee refers to its comments under Convention No. 100.

9. The Committee notes the information supplied by the Government on the various measures taken to promote equality between men and women in employment, awareness raising, improving legal protection and gender mainstreaming, the introduction of positive measures and national mechanisms for promoting equality between men and women. However, the Committee is obliged to reiterate it previous requests to provide information on the practical impact, including statistics, of these 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 is raising other points in a request addressed directly to the Government.