Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Roumanie (Ratification: 1973)

The Committee notes that the Government’s report contains no information in response to a number of its previous comments. In this regard, it recalls that Governments are under the duty to provide information on the application of ratified Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. Therefore, the Committee encourages the Government to submit a more exhaustive next report which includes all the matters raised below.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that, to hold public office a person shall not have been carrying out an activity in the political police as defined by the law, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In the absence of any information in this regard, the Committee urges again the Government to take the necessary steps, without delay, to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected under this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

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