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

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Allemagne (Ratification: 1961)

The Committee notes the observations of the German Confederation of Trade Unions (DGB) received on 31 August 2023.

Articles 1(1)(a), 2 and 3 of the Convention. Non-discrimination, equality of opportunity and treatment irrespective of race, colour or national extraction. Referring to its previous comments on the persistent segregation and discrimination faced by minorities in education and employment, the Committee notes the Government’s statement, in its report, that significant differences persist regarding employment of persons with a migration background. According to the micro-census conducted by the Federal Statistical Office, in 2022 persons with a migration background: (1) had an employment rate estimated at 69.1 per cent (61.4 per cent for women and 76.5 per cent for men), in contrast to 80.4 per cent for persons of German origin – compared to 65 and 77.3 per cent, respectively, in 2017; (2) were less frequently represented among “managers” (3 per cent compared to 4.5 per cent for persons of German origin), “professionals” (17.4 per cent compared to 24 per cent) and “technicians and associate professionals” (15.1 per cent compared to 21.7 per cent); and (3) were disproportionately employed in low-skilled occupations, as 15.6 per cent worked in “elementary occupations” (compared to 4.7 per cent for persons of German origin) and 9.9 per cent as “plant and machine operators, and assemblers” (compared to 4.9 per cent). Furthermore, 44.2 per cent of them had no vocational training qualification in 2022, compared to 14.7 per cent for persons of German origin. The Government indicates that no statement can be made regarding the extent to which such differences can be explained by discrimination or other factors but, according to the results of the ad hoc module of the 2021 Labour Force Survey, 5.9 per cent of the respondents with a migration background stated that they had been discriminated against at work at least once on the ground of their foreign origin. In that regard, the Committee notes from the last annual report of the Federal Anti-Discrimination Agency (ADS) that, in 2022, the ADS dealt with 8,827 requests, 43 per cent of which concerned discrimination based on race or ethnic origin (compared to 33 per cent in 2019), and that most experiences of discrimination were reported regarding employment (28 per cent). The Government states that four of the five core projects of the National Action Plan on Integration (NAP-I) have been successfully implemented so far, to ensure labour market integration of persons with a migration background. It further refers to the WIR – Netzwerke integrieren Geflüchtete in den regionalen Arbeitsmarkt (WIR – Networks Integrate Refugees into the Regional Labour Market) project designed to support almost 50,000 refugees by 2026 in participating in the labour market. The Committee welcomes the various initiatives taken to improve qualifications and skills for persons with a migration background, including the establishment of regional skilled workers networks and the results of the Stark im Beruf – Mütter mit Migrationshintergrund steigen ein (Strong in the workplace – Mothers with a migration background get on board) programme which ended in 2022. The Committee notes that, in its observations, the DGB welcomes the measures implemented to enhance the integration of persons with a migration background, but that it expresses concerns about the lack of consideration given to the gender perspective while women with a migration background are being confronted with important obstacles in participating equally in the labour market. In that regard, the DGB welcomes the newly created “MY TURN” programme, which focuses on the specific needs of low-skilled women with a migration background. As regards the situation of Sinti and Roma people, the Committee notes the Government’s indication that several studies point out that Sinti and Roma are strongly affected by institutional and structural racism as well as intersectional discrimination. In that regard, the Committee welcomes: (1) the adoption, in February 2022, of the Bekämpfung von Antiziganismus, Sicherstellung der Teilhabe! (Tackling Anti-Gypsyism, Ensuring Participation!) National Strategy with a view to implementing the European Union Roma Strategic Framework; and (2) the appointment, in March 2022, of the first Federal Commissioner for the Fight against Anti-Gypsyism and for Sinti and Roma Life, as well as of specific commissioners by some of the federal states. It further notes that the ADS is funding two research projects regarding discrimination experienced by the Sinti and Roma, the results of which, including collected data, will be used as of 2024 for the development of measures to combat discrimination. Welcoming this information, the Committee notes, however, from the Federal Report on Racism published in 2023 by the Federal Commissioner for Anti-Racism (appointed for the first time in 2022), the need for more effective support of those affected by racism, in particular the Sinti, Roma and Muslim communities, acknowledging the fact that structural racism in Germany has been long ignored in the past. As a result of the report, a Council of Experts on Anti-Racism was appointed by the Federal Commissioner in July 2023 with a view to developing proposals for an effective anti-racism policy in Germany. The Committee notes that, in its 2023 concluding observations, the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) also noted with concern: (1) the lack of data disaggregated by ethnicity, that does not allow for a comprehensive overview of the racial discrimination faced by various ethnic groups throughout the territory and is a barrier to the formulation and implementation of effective public policies; (2) the increase of racist hate speech and incitement to racial discrimination, including in public discourse, and the increase in the number of violent attacks against persons belonging to ethnic minorities and non-nationals; (3) the low level of education among Roma and Sinti children, and the level of discrimination in the education system faced by children from ethnic minorities and from a migrant background; (4) the persistence of systemic racism and the barriers that persons belonging to ethnic minorities continue to face, including people of African descent and Muslim communities, in particular with regard to access to employment; and (5) the significant number of migrant workers, in particular those in an irregular situation, affected by precarious working conditions and exposed to abuses and labour exploitation (CERD/C/DEU/CO/23-26, 21 December 2023, paragraphs 5, 15, 19, 23, 27, 29 and 35). In light of the persistent disparities in access to education, training and employment of persons with an ethnic minority or migration background, the Committee urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment for these persons, in particular Sinti and Roma people, Muslim communities, people of African descent and migrant workers. It asks the Government to provide information on: (i) the proactive measures implemented to that end, including those with a gender perspective, in the context of the NAP-I, the Tackling Anti-Gypsyism, Ensuring Participation! National Strategy or other programmes; (ii) the activities carried out by the Federal Commissioner for the Fight against Anti-Gypsyism and for Sinti and Roma Life, and the Federal Commissioner for Anti-Racism, including any follow-up measures taken as a result of any proposals formulated by the Council of Experts on Anti-Racism appointed in July 2023; (iii) any assessment made of the impact of these measures, as well as of the situation of persons with a migration background, on the labour market; and (iv) the number, nature and outcome of cases of discrimination against persons with a migration background dealt with by the ADS, the courts or any other competent authorities.

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