CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 1 of the Convention. Work and family responsibilities. The Committee notes with interest that the Gender Equality Act explicitly prohibits discrimination in relation to “balance between professional and private life” and that measures have been taken to promote the reconciliation of family responsibilities and work, such as awareness-raising campaigns of the advantages of sharing parental duties, and the development of pre-school institutions. The Committee requests the Government to provide information on the impact of such measures, as well as on any other measures taken to address the stereotypes on the roles and responsibilities of women and men in family and society.

Discrimination based on sex. Sexual harassment. The Committee notes that the Anti-Discrimination Act and the new Gender Equality Act of 2008 – like the Gender Equality Act of 2003 – both contain provisions prohibiting sexual harassment. It welcomes the fact that the new Acts provide for fines from 5,000 to 40,000 Croatian kuna (HK). The Committee notes that the Government’s report contains no information in reply to its request for information on further measures taken or envisaged to address sexual harassment at work in practice, including the possible issuance of a code of conduct, and any awareness-raising activities. The Committee therefore asks the Government once again to indicate whether such measures have been taken, or are envisaged, further to the adoption of the new legislation and to provide information regarding any cooperation with workers’ and employers’ organizations in this regard. It also requests the Government to provide information on the number of sexual harassment cases that have been handled by the Ombudsperson or the Office for Gender Equality, the sanctions imposed and remedies provided and on relevant judicial decisions issued.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee reiterates its request for information on the status and the content of the draft National Strategy for the Suppression of all Forms of Discrimination in respect of employment and occupation, which was mentioned in the Government’s report of 2007.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes that the Anti-Discrimination Act provides for consultation by the Ombudsperson with the social partners when preparing regular reports and issuing opinions and recommendations (section 15(1)). The Committee therefore requests the Government to provide information on any consultations held pursuant to the Anti-Discrimination Act and the issues addressed. Please also indicate any other cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation, including any training undertaken or envisaged among workers and employers and their organizations on the new anti-discrimination legislation.

Enforcement of anti-discrimination legislation. The Committee notes that, further to the adoption of the Anti-Discrimination Act, the Ombudsperson became the central anti-discrimination authority and the staff of the Office of the Ombudsperson had to undergo training in specialized seminars on discrimination issues. The Committee requests the Government:

(i)    to take the necessary measures to promote public awareness of the new anti-discrimination legislation and the procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation;

(ii)   to indicate measures taken to assist victims of discrimination to bring discrimination cases; and

(iii)  to ensure that victims’ rights are protected once they have filed a complaint. The Committee further requests the Government to provide detailed information on the work of the Office of the Ombudsperson, in particular as regards the number, nature and outcome of the complaints received, including information on any mediations conducted and legal proceedings initiated.

The Committee also requests information on the action taken to address discrimination on all the prohibited grounds, including discrimination faced by the Roma community, including awareness-raising activities, surveys conducted and their results, opinions or recommendations issued, and their follow-up.

Enforcement. Labour inspection. The Committee understands, from the Government’s reply to its previous comments on the role of labour inspectors, that the State Inspectorate provides the Office for Gender Equality with data that are disaggregated by sex, on violations of labour legislation, such as illegal overtime and denial of the right to annual leave. The Committee wishes to point out that in its previous comments it referred to a possible role of labour inspectors in enforcing the anti-discrimination legislation, which includes detecting and addressing discrimination cases during their inspection visits, reporting them and imposing sanctions, as well as conducting awareness-raising activities and providing advice. The Committee requests the Government to clarify whether the labour inspectors conduct any monitoring and awareness-raising activities aimed at eliminating discrimination at work on any of the grounds prohibited by the national legislation, which would complement and reinforce the impact of the complaints-based mechanisms put in place by the Anti‑Discrimination Act and the Gender Equality Act.

Statistical information on cases of discrimination. The Committee notes that, according to section 14 of the Anti-Discrimination Act, judicial bodies shall keep records of court cases related to discrimination, and that the Ombudsperson, as well as the special Ombudspersons, shall collect data on discrimination cases within their competence. In addition, the Gender Equality Act provides that the Ombudsperson for Gender Equality shall collect statistical data on cases of sexual discrimination based on sex (section 19(2)(5)). The Committee requests the Government to provide recent statistical data on cases of discrimination with respect to all the grounds prohibited by the anti-discrimination legislation, handled by the above specialized bodies and the judicial authorities.

CMNT_TITLE

Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. The Committee notes with interest the adoption of the Anti-Discrimination Act on 9 July 2008 (Official Gazette 85/08), which defines and prohibits direct and indirect discrimination “in all its manifestations” (sections 2 and 9(1)), both in the private and in the public sectors. The Act provides protection against discrimination on the grounds of race or ethnic affiliation or colour, gender, language, religion, political or other belief, national or social origin, property, trade union membership, education, social status, marital or family status, age, health condition, disability, genetic heritage, native identity, expression or sexual orientation (section 1), thus covering all the grounds enumerated in Article 1(1)(a) of the Convention as well as a number of additional grounds pursuant to Article 1(1)(b). With regard to the grounds of pregnancy and maternity, the Committee notes that the new Labour Act, adopted in December 2009, prohibits an employer from refusing to employ and from dismissing a pregnant woman (section 67(1)) and the Gender Equality Act of 15 July 2008 (Official Gazette 82/08) provides that “less favourable treatment of women for reasons of pregnancy and maternity shall be deemed to be discrimination”. The Gender Equality Act also prohibits discrimination in relation to “balance between professional and private life” (section 13(1)(6)).

The Committee notes that the Anti-Discrimination Act creates a category of “more serious forms of discrimination” which includes multiple discrimination and repeated and continued discrimination, and provides that such elements should be taken into account by the courts when determining the compensation for the victim and the fine for the perpetrator. The Committee notes further that this Act covers, inter alia, work and working conditions; access to self-employment and occupation, including selection criteria, recruitment and promotion conditions; access to all types of vocational guidance, vocational training, professional improvement and retraining; education; and social security, including social welfare, pension and health insurance and unemployment insurance (section 8). The Labour Act also prohibits explicitly direct and indirect discrimination “in the field of labour and labour conditions, which includes selection criteria, employment and promotion requirements, vocational guidance and training, additional training and retraining” (section 5(4)).

The Committee requests the Government to provide information on the legal and practical measures taken or envisaged to implement the relevant anti‑discrimination provisions of the Labour Act, the Anti-Discrimination Act and the Gender Equality Act with regard to equal opportunities and treatment in employment and occupation. It further asks the Government to indicate the manner in which the provisions regarding the most serious forms of discrimination are being applied in practice.

Articles 2 and 3. Gender equality in employment and occupation. The Committee notes with interest the adoption of the new Gender Equality Act on 15 July 2008. The Act provides for sanctions – fines from 1,000 to 1 million Croatian kuna (HRK) – in case of violation of its substantive anti-discrimination provisions (sections 31–38). It also provides for the adoption of action plans for promoting and ensuring gender equality on the basis of an analysis of the status of men and women every four years (section 11(2)) and specifies that all employers, whether public or private, shall “incorporate anti-discrimination provisions and measures with a view to achieving gender equality in their acts” (section 11(5)). Furthermore, according to this Act, social partners shall, in the course of collective bargaining and in collective agreements, comply with the provisions of the Act and measures aimed at ensuring gender equality (section 11(6)). The Committee asks the Government to provide information on the implementation of section 11 of the Gender Equality Act, including on any action plans adopted and implemented and on measures taken by public and private employers to ensure gender equality and their impact on the employment of men and women.

The Committee notes the information provided by the Government on the measures taken with a view to strengthening women’s entrepreneurship within the framework of the National Policy for the Promotion of Gender Equality 2006–10. It further notes that statistics published by the Central Bureau of Statistics in 2010 show that the Croatian labour market is highly gender segregated. In 2008, men represented more that 70 per cent of the workers in agriculture, forestry and fishing, mining and quarrying, manufacturing, energy and supply, construction, transportation, and more than 55 per cent in public administration, whereas women represented more of 70 per cent of the workers in education, health and social services, and financial and insurance activities. In this respect the Committee welcomes the repeal of the Ordinance on jobs not permitted for women (Official Gazette 44/96) further to the entry into force of the new Labour Act on 1 January 2010 and the absence in this new Act of a general provision on jobs which women must not perform, unlike in the former Labour Act in its section 63(1). As regards the nature of jobs performed by women, the Committee notes that, according to the Government’s report, despite the lack of official statistics, unofficial data show that there are only 6 per cent of women in managerial positions in the private sector. While encouraging the Government to pursue and strengthen its efforts to support women’s entrepreneurship, the Committee asks the Government to take measures to address effectively the horizontal and vertical occupational segregation between men and women in the labour market, including measures aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. The Committee requests the Government to provide detailed information on the measures taken to that end, including measures taken to improve the access of women to posts of responsibility and management positions, both in the private and the public sectors, and their impact. As regards the public sector, the Committee requests the Government to provide more specific information on the number and proportion of female civil servants and civil service employees in posts of responsibility.

Equality of opportunity and treatment in employment and occupation of the Roma. The Committee notes the measures taken in 2007 and 2008, pursuant to the National Programme for the Roma/Action Plan for the Decade of Roma Inclusion, relating to the employment and training of persons belonging to the Roma national minority. The Committee welcomes in particular the production and dissemination of a leaflet, both in Croatian and in Roma language, explaining the rights and obligations of unemployed persons and providing guidelines on job search. The Committee notes that the Croatian Employment Service implemented special programmes, which included an education component, in which 436 persons participated (2007–08). The Committee further notes that according to the data provided in the Government’s report at the end of 2008, 4,390 members of the Roma community were registered with the Employment Service. The Committee estimates that this number does not reflect the total number of unemployed persons of the Roma minority – the total Roma population being estimated by the authorities to be between 30,000 and 40,000 persons. The Committee notes the Government’s indication that the main obstacle for the members of the Roma minority to access employment is their low level of education. In this respect, in its report following his visit to Croatia in April 2010 (CommDH(2010)20, 17 June 2010), the Commissioner for Human Rights of the Council of Europe called upon the authorities to eliminate any tendency of segregation of Roma pupils and to reinforce their pre-school education in order to increase the currently extremely low percentage of Roma pupils who have completed elementary school education. He also encouraged the adoption of targeted professional training measures. The Committee can only but emphasize the importance of education and vocational training to improve future access to the labour market and asks the Government to take all the necessary measures to ensure equal access to education, including pre-school education, for Roma children, without discrimination. The Committee further asks the Government to strengthen its efforts to promote employment opportunities and to ensure equal treatment of the Roma in employment and occupation, including by adopting specific measures concerning the employment of Roma women. Please also provide specific information on the work of the Commission for the Monitoring of the Implementation of the National Programme for Roma with respect to non-discrimination in employment and occupation, as well as any available recent statistics on the number of men and women from the Roma community in the labour market, in particular the estimated levels of employment, unemployment and self-employment.

Article 3(d). Access of minorities to employment under the control of a national authority. In the absence of a reply by the Government on this matter, the Committee reiterates its requests for information on the following:

(i)    the efforts made by the Government to promote and ensure access by members of national minorities to public employment in the framework of the Civil Service Employment Plan;

(ii)   the progress made in achieving recruitment targets concerning minorities; and

(iii)  the current ethnic and gender composition of the civil service.

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

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that in the context of a round table discussion on harassment and sexual harassment held in 2005, a number of recommendations had been made with a view to addressing these issues, including the issuing of a code of conduct and holding awareness-raising activities. The Committee once again requests the Government to provide information on any further measures taken or envisaged to address sexual harassment at work, including indications as to the follow-up to the 2005 round table discussions.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes from the Government’s report that an Expert Working Group has been established to prepare a draft national strategy for the suppression of all forms of discrimination. The Working Group is composed of representatives of the state administration and non-governmental organizations active in the fight against discrimination. The Committee requests the Government to ensure that the national strategy for the suppression of all forms of discrimination adequately addresses discrimination in employment and occupation in accordance with the Convention and that workers’ and employers’ organizations are able to participate in the strategy’s elaboration. Please provide information on the adoption of the strategy and the measures taken to implement it.

Enforcement of anti-discrimination legislation. With regard to the role of labour inspectors, the Committee notes that the Government has not yet provided information in reply to the Committee’s previous comments under both this Convention, as well as the Equal Remuneration Convention, 1951 (No. 100). According to explanations previously provided by the Government, any role of the labour inspectorate in ensuring respect for section 2 (prohibition of discrimination) of the Labour Act was excluded due to the fact that violations of section 2 are not subject to fines. The Committee therefore reiterates its request to the Government, in the context of the Government’s efforts to strengthen the implementation and enforcement of the anti-discrimination legislation, to consider the possibility of providing a specific role for labour inspectors for this purpose. The Government is requested to provide information on the measures taken or envisaged in this regard.

CMNT_TITLE

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that work is under way to draft a comprehensive anti-discrimination law, with a view to harmonizing the legislation with the relevant European directives. In this regard, the Committee recalls that, at present, section 2 of the Labour Code and section 6 of the Act on Civil Servants prohibit discrimination on the basis of a wide range of grounds, including the grounds specifically listed in Article 1(1)(a) of the Convention. These provisions also provide protection from discrimination based on family status, situation or responsibilities, in line with the Workers with Family Responsibilities Convention, 1981 (No. 156), ratified by Croatia. The Committee urges the Government to ensure that the new legislation does not restrict the currently available level of protection from discrimination in employment and occupation, in line with Conventions Nos 111 and 156. The Government is requested to provide information on the progress made in the adoption of new anti-discrimination legislation and the steps taken to ensure that it is in line with relevant ILO Conventions, as well as on the consultations held with workers’ and employers’ organizations in this regard.

Articles 2 and 3. Gender equality in employment and occupation. The Committee notes that the Gender Equality Ombudsperson received 174 complaints in 2007, almost twice as many as in 2004, while in 2006 the number of complaints received was 193. More than one third of the complaints related to employment discrimination against women, including sexual harassment, in both the private and public sectors. The Committee is concerned that, as observed by the Ombudsperson, a wide range of discriminatory practices exist that exclude pregnant women or women having small children from employment. The Committee requests the Government to continue to provide detailed information on the work of the Gender Equality Ombudsperson, including information on the complaints received and the follow-up action taken in response to recommendations issued.

The Committee notes that the National Policy for the Promotion of Gender Equality 2006–10 is aimed at eliminating discrimination against women and establishing genuine gender equality, including in the labour market. The Policy outlines a number of measures to reduce the female unemployment rate, ensure women’s economic empowerment and eliminate all forms of discrimination. Measures to enhance collection, processing and publication of gender-specific statistical data are envisaged as well. The Committee requests the Government to provide detailed information on the following:

(i)    the measures taken under the National Policy for the Promotion of Gender Equality to promote equality of opportunity and treatment in employment and occupation of women, as well as the results achieved by such action, including detailed statistical information concerning women’s participation in the private and public sectors, disaggregated by industry and occupational category;

(ii)   the progress made in increasing women’s participation in decision-making and management positions; and

(iii)  the measures taken to promote a better sharing of family responsibilities between men and women and to ensure that men and women can make use, in practice, of family-related rights and benefits, without being subjected to discrimination based on family responsibilities.

Equality of opportunity and treatment in employment and occupation of the Roma. In its previous comments, the Committee requested the Government to provide information on the specific measures implemented under the National Programme for the Roma and the Ten-Year Plan of Action for the Inclusion of the Roma 2005–15 to promote and ensure equality of opportunity and treatment of the Roma in employment and occupation, as well as the results achieved by such action. The Committee regrets that the information provided in this regard is so general in nature that it does not allow the Committee to conclude whether adequate effect is being given to the Convention’s provisions. The Committee urges the Government to provide specific and detailed information on the concrete measures taken to promote and ensure equal access of Roma men and women to employment and occupation, without discrimination based on sex, race, colour and national extraction.

The Committee recalls the importance of monitoring, on a continuing basis, the impact of the measures taken to promote equality of opportunity and treatment in employment and occupation of the Roma. In this regard, the Committee notes from the Government’s report that the Croatian Employment Service does not maintain information on the ethnic origin of the unemployed. However, estimates concerning unemployment among the Roma are established on the basis of the place of residence of jobseekers and knowledge of the Roma language. The Committee also notes that Roma representatives participate in the Commission for the Monitoring of the Implementation of the National Programme for Roma. The Committee requests the Government to provide information on the following:

(i)    the actual situation of men and women from the Roma community in the labour market, including the estimated levels of employment, unemployment and self-employment;

(ii)   the level of participation of Roma men and women in employment promotion measures, such as vocational training or public works programmes; and

(iii)  the work of the Commission for the Monitoring of the Implementation of the National Programme for Roma concerning the implementation of measures to promote equal access to employment and occupation.

Article 3(d). Access of minorities to employment under the control of a national authority. The Committee notes with interest that a number of positive steps have been taken with regard to the implementation of section 22 of the Constitutional Act on the Rights of National Minorities of 2002, which guarantees proportional employment of national minorities in the state administration. The Civil Service Employment Plan 2007, for the first time includes targets for the recruitment of national minorities to the civil service, and a proposal is being discussed to introduce similar targets with respect to the judiciary. A series of round-table discussions to promote the access of national minorities to public employment have been held, in cooperation with the Organization for Security and Cooperation in Europe. The Committee requests the Government to continue to provide information on its efforts to promote and ensure access of members of national minorities to public employment, including information on the progress made in achieving recruitment targets concerning minorities. The Committee reiterates its request to the Government to provide information on the current ethnic and gender composition of the civil service.

Enforcement of anti-discrimination legislation. The Committee notes from the National Policy for the Promotion of Gender Equality that, the enforcement of the anti-discrimination legislation continues to be subject to many challenges, including lack of awareness of the legislation among workers, employers and the judiciary. The Committee notes, however, that the National Policy’s Action Plan, envisages a number of measures to strengthen the enforcement of the anti-discrimination legislation, including systematic collection of statistical data on cases of gender discrimination in employment and work, as well as awareness-raising and training activities for relevant target groups. The Committee welcomes these envisaged measures and requests the Government to ensure that information is collected also in relation to cases concerning discrimination on the basis of grounds other than sex. It requests the Government to provide information on the following:

(i)    progress made in collecting and analysing information on court cases on discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; and

(ii)   measures taken to raise the awareness of the judiciary and other competent bodies to better equip them to deal with cases of discrimination.

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

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

CMNT_TITLE

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that in the context of a round table discussion on harassment and sexual harassment held in 2005, a number of recommendations had been made with a view to addressing these issues, including the issuing of a code of conduct and holding awareness-raising activities. The Committee once again requests the Government to provide information on any further measures taken or envisaged to address sexual harassment at work, including indications as to the follow-up to the 2005 round table discussions.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes from the Government’s report that an Expert Working Group has been established to prepare a draft national strategy for the suppression of all forms of discrimination. The Working Group is composed of representatives of the state administration and non-governmental organizations active in the fight against discrimination. The Committee requests the Government to ensure that the national strategy for the suppression of all forms of discrimination adequately addresses discrimination in employment and occupation in accordance with the Convention and that workers’ and employers’ organizations are able to participate in the strategy’s elaboration. Please provide information on the adoption of the strategy and the measures taken to implement it.

Enforcement of anti-discrimination legislation. With regard to the role of labour inspectors, the Committee notes that the Government has not yet provided information in reply to the Committee’s previous comments under both this Convention, as well as the Equal Remuneration Convention, 1951 (No. 100). According to explanations previously provided by the Government, any role of the labour inspectorate in ensuring respect for section 2 (prohibition of discrimination) of the Labour Act was excluded due to the fact that violations of section 2 are not subject to fines. The Committee therefore reiterates its request to the Government, in the context of the Government’s efforts to strengthen the implementation and enforcement of the anti-discrimination legislation, to consider the possibility of providing a specific role for labour inspectors for this purpose. The Government is requested to provide information on the measures taken or envisaged in this regard.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that work is under way to draft a comprehensive anti-discrimination law, with a view to harmonizing the legislation with the relevant European directives. In this regard, the Committee recalls that, at present, section 2 of the Labour Code and section 6 of the Act on Civil Servants prohibit discrimination on the basis of a wide range of grounds, including the grounds specifically listed in Article 1(1)(a) of the Convention. These provisions also provide protection from discrimination based on family status, situation or responsibilities, in line with the Workers with Family Responsibilities Convention, 1981 (No. 156) ratified by Croatia. The Committee urges the Government to ensure that the new legislation does not restrict the currently available level of protection from discrimination in employment and occupation, in line with Conventions Nos 111 and 156. The Government is requested to provide information on the progress made in the adoption of new anti-discrimination legislation and the steps taken to ensure that it is in line with relevant ILO Conventions, as well as on the consultations held with workers’ and employers’ organizations in this regard.

Articles 2 and 3. Gender equality in employment and occupation. The Committee notes that the Gender Equality Ombudsperson received 174 complaints in 2007, almost twice as many as in 2004, while in 2006 the number of complaints received was 193. More than one-third of the complaints related to employment discrimination against women, including sexual harassment, in both the private and public sectors. The Committee is concerned that, as observed by the Ombudsperson, a wide range of discriminatory practices exist that exclude pregnant women or women having small children from employment. The Committee requests the Government to continue to provide detailed information on the work of the Gender Equality Ombudsperson, including information on the complaints received and the follow-up action taken in response to recommendations issued.

The Committee notes that the National Policy for the Promotion of Gender Equality 2006–10 is aimed at eliminating discrimination against women and establishing genuine gender equality, including in the labour market. The Policy outlines a number of measures to reduce the female unemployment rate, ensure women’s economic empowerment and eliminate all forms of discrimination. Measures to enhance collection, processing and publication of gender-specific statistical data are envisaged as well. The Committee requests the Government to provide detailed information on the following:

(i)    the measures taken under the National Policy for the Promotion of Gender Equality to promote equality of opportunity and treatment in employment and occupation of women, as well as the results achieved by such action, including detailed statistical information concerning women’s participation in the private and public sectors, disaggregated by industry and occupational category;

(ii)   the progress made in increasing women’s participation in decision-making and management positions; and

(iii) the measures taken to promote a better sharing of family responsibilities between men and women and to ensure that men and women can make use, in practice, of family-related rights and benefits, without being subjected to discrimination based on family responsibilities.

Equality of opportunity and treatment in employment and occupation of the Roma. In its previous comments, the Committee requested the Government to provide information on the specific measures implemented under the National Programme for the Roma and the Ten-Year Plan of Action for the Inclusion of the Roma 2005–15 to promote and ensure equality of opportunity and treatment of the Roma in employment and occupation, as well as the results achieved by such action. The Committee regrets that the information provided in this regard is so general in nature that it does not allow the Committee to conclude whether adequate effect is being given to the Convention’s provisions. The Committee urges the Government to provide specific and detailed information on the concrete measures taken to promote and ensure equal access of Roma men and women to employment and occupation, without discrimination based on sex, race, colour and national extraction.

The Committee recalls the importance of monitoring, on a continuing basis, the impact of the measures taken to promote equality of opportunity and treatment in employment and occupation of the Roma. In this regard, the Committee notes from the Government’s report that the Croatian Employment Service does not maintain information on the ethnic origin of the unemployed. However, estimates concerning unemployment among the Roma are established on the basis of the place of residence of jobseekers and knowledge of the Roma language. The Committee also notes that Roma representatives participate in the Commission for the Monitoring of the Implementation of the National Programme for Roma. The Committee requests the Government to provide information on the following:

(i)    the actual situation of men and women from the Roma community in the labour market, including the estimated levels of employment, unemployment and self-employment;

(ii)   the level of participation of Roma men and women in employment promotion measures, such as vocational training or public works programmes; and

(iii) the work of the Commission for the Monitoring of the Implementation of the National Programme for Roma concerning the implementation of measures to promote equal access to employment and occupation.

Article 3(d). Access of minorities to employment under the control of a national authority. The Committee notes with interest that a number of positive steps have been taken with regard to the implementation of section 22 of the Constitutional Act on the Rights of National Minorities of 2002, which guarantees proportional employment of national minorities in the state administration. The Civil Service Employment Plan 2007, for the first time includes targets for the recruitment of national minorities to the civil service, and a proposal is being discussed to introduce similar targets with respect to the judiciary. A series of round-table discussions to promote the access of national minorities to public employment have been held, in cooperation with the Organization for Security and Cooperation in Europe. The Committee requests the Government to continue to provide information on its efforts to promote and ensure access of members of national minorities to public employment, including information on the progress made in achieving recruitment targets concerning minorities. The Committee reiterates its request to the Government to provide information on the current ethnic and gender composition of the civil service.

Enforcement of anti-discrimination legislation. The Committee notes from the National Policy for the Promotion of Gender Equality that, the enforcement of the anti-discrimination legislation continues to be subject to many challenges, including lack of awareness of the legislation among workers, employers and the judiciary. The Committee notes, however, that the National Policy’s Action Plan, envisages a number of measures to strengthen the enforcement of the anti-discrimination legislation, including systematic collection of statistical data on cases of gender discrimination in employment and work, as well as awareness-raising and training activities for relevant target groups. The Committee welcomes these envisaged measures and requests the Government to ensure that information is collected also in relation to cases concerning discrimination on the basis of grounds other than sex. It requests the Government to provide information on the following:

(i)    progress made in collecting and analysing information on court cases on discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; and

(ii)   measures taken to raise the awareness of the judiciary and other competent bodies to better equip them to deal with cases of discrimination.

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

CMNT_TITLE

1. Legislative developments. The Committee notes that section 6 of the Act on Civil Servants of 15 July 2005 prohibits discrimination against civil servants on the grounds of age, nationality, ethnic or territorial origin, language, race, religious and political belief or orientation, disability, education, social situation, sex, marital or family status, sexual orientation or any other reason contrary to the rights and benefits established under the Constitution and the laws. Noting that section 6 does not explicitly refer to the prohibited grounds of social origin and colour which are listed in Article 1(1)(a) of the Convention, the Committee hopes that this ground will be added in the context of future amendments to the legislation. Further, the Committee notes that section 48(1) establishes general conditions for civil service recruitment, while section 48(3) provides that other conditions can be prescribed by law. The Committee requests the Government to:

(a)   indicate whether section 6 prohibits discrimination against applicants to the civil service (during the recruitment process) and civil servants under probation, and to provide information on any administrative or judicial decision made concerning section 6;

(b)   provide information on any laws or regulations that establish other conditions for recruitment in accordance with section 48(3);

(c)   provide information on how the Convention is applied with respect to state employees referred to in section 138;

(d)   supply information on the current ethnic and gender composition of the civil service.

2. Sexual harassment. The Committee welcomes the holding of a round‑table discussion on “Harassment and Sexual Harassment at the Workplace” under the auspices of the Government’s Office for Human Rights in April 2005. It notes from the Government’s report that this initiative led to a number of recommendations, including concerning possible amendments to the Labour Act, the issuing of a Code of Conduct, and further awareness‑raising activities. The Committee requests the Government to keep it informed of any progress made in implementing these recommendations.

3. Article 2 of the Convention. Measures to promote gender equality in employment and occupation. Further to its observation, the Committee notes from the Government’s report that, among the measures envisaged to promote gender equality in the labour market, are the drafting of “standards of identification of discrimination” and measures to put in place effective mechanisms and procedures to deal with cases of discrimination. The Committee also notes from written information provided by the Government to the Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2005/I/CRP.2/Add.1, 2 November 2004, paragraph 15) that a project to implement these measures has been launched, involving competent public bodies, including the Office for Gender Equality, as well as workers’ and employers’ organizations. The Committee requests the Government to provide detailed information on the specific measures taken to promote gender equality in the labour market, including on the implementation and results of the abovementioned measures and project.

4. Combating gender stereotypes. The Committee notes the Government’s indication that the National Family Policy provides for measures enabling women to better coordinate their work and family obligations. In this context, the Committee draws the Government’s attention to the need to ensure that its policies do not reflect or reinforce archaic or stereotyped concepts with regard to the respective roles of men and women which lead to the nullification or impairment of equality of opportunity and treatment in employment and occupation (General Survey, 1988, paragraph 38). It requests the Government to indicate the measures taken to assist women and men to better reconcile work and family responsibilities and to encourage a sharing of family responsibilities between men and women (Workers with Family Responsibilities Recommendation, 1981 (No. 165), Paragraph 11(b)).

5. Positive action. The Committee notes the Government’s indication that former section 3(2) of the Labour Act which provided for preferential treatment of the under-represented sex in hiring if the candidates were equally qualified, has been repealed. Recalling that the Committee had noted this provision with interest, the Committee regrets the repeal of section 3(2) of the Labour Code and requests the Government to indicate whether any other positive action to promote gender equality is being implemented or envisaged.

6. National policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. Concerning the application of the Convention with respect to prohibited grounds of discrimination other than sex, the Committee notes from the National Programme for the Integration of the Republic of Croatia into the European Union 2005 that a National Plan for the Suppression of All Types of Discrimination is being prepared. The Committee hopes that this National Plan will address discrimination in employment and occupation on all the relevant grounds covered by the Convention, i.e. race, colour, religion, political opinion, national extraction and social origin (Article 1(1)(a)). It asks the Government to provide detailed information in its next report on the content and implementation of the National Plan for the Suppression of All Types of Discrimination, as far as it is relates to the Convention.

7. Enforcement. The Committee notes from sections 246‑248 of the Labour Act, as amended, that violations of section 2 (prohibition of discrimination) are no longer subject to fines under the Act. According to the explanations provided by the Government in its report under the Equal Remuneration Convention, 1951 (No. 100), this has the effect of excluding any role of the labour inspection services in supervising the Act’s discrimination provisions. The Committee requests the Government, in the context of its efforts to strengthen the implementation and enforcement of the equality legislation, to consider the possibility of providing a specific role for labour inspectors in this regard, and to keep the Committee informed of any further developments on this issue.

CMNT_TITLE

1. Application in practice. Recalling its previous observation concerning the practical implementation and enforcement of the Gender Equality Act and the Labour Act’s equal treatment provisions, the Committee notes from the Government’s report that in addition to the National Policy to Promote Gender Equality, the new National Plan of Action for Employment for 2005-08 provides for a series of measures to promote women’s access to the labour market, including entrepreneurship. It also notes that a number of promotional activities concerning gender equality at work, including on sexual harassment, have been held during the reporting period. With regard to discrimination on the basis of race and national extraction, the Committee notes the adoption of the National Programme for the Roma in 2003 and the Ten-Year Plan of Action (2005-10) for the Inclusion of the Roma. The Committee further notes that the Government is planning measures to ensure access to effective legal remedies in case of infringements of the right to equality, while it has not yet provided information on any judicial or administrative decisions concerning equality of opportunity and treatment in employment and occupation.

2. The Committee welcomes these programmes and policies, as their implementation has the potential to make a positive contribution to the practical application of the Convention. Noting that legal protection from discrimination through effective mechanisms and procedures is an important element of any national policy to promote and ensure equality of opportunity in employment and occupation, as envisaged by the Convention, the Committee urges the Government to take the necessary steps to ensure that anti-discrimination and equality provisions are widely known and understood and properly enforced. In order to be able to continue to assess the progress made in the application of the Convention, the Committee requests the Government to provide in its next report the following information:

(a)   the specific action taken under the National Policy to Promote Gender Equality, the National Plan of Action for Employment, the National Programme for the Roma and the Ten-Year Plan of Action for the Inclusion of the Roma to promote and ensure equality of opportunity and treatment in employment and occupation of women and persons of ethnic minority background, as well as the results achieved through such action;

(b)   the measures taken to increase awareness and understanding of the anti-discrimination and equality provisions among workers and employers, and competent public officials and judges, as well as information on the number, nature and outcomes of any cases dealt with by the courts or the Ombudsperson on Gender Equality on the basis of section 2‑2(d) of the Labour Act or the relevant provisions of the Gender Equality Act; and

(c)   more detailed and up to date statistical information on the position of men and women in the labour market, as well as indications as to the labour market participation of the different ethnic minorities.

The Committee is also addressing a request directly to the Government.

CMNT_TITLE

Further to its observation on the application of the Convention, the Committee would like to draw the Government’s attention to the following points.

1. Sexual harassment. The Committee notes the information in the Government’s report on the results of an experimental research carried out by the women’s section of the Federation of Independent Unions of Croatia and the TOD women’s group. The research shows that women (one out of four) are often exposed to sexual harassment at work. The Committee requests the Government to provide information in its next report on the practical measures taken or envisaged to combat sexual harassment at the workplace, and the practical application of the Labour Act provision on sexual harassment.

2. Further to its previous request, the Committee notes with interest that the Government has annexed to its report the text of the new National Policy for the Promotion of Equality, that includes the programme of implementation of the National Policy for the Promotion of Equality in the Republic of Croatia in the period 2001-05 (No. 112/01). The content of the programme will be analysed by the Committee after translation.

3. Discrimination on the basis of sex, race, national extraction and religion. Further to its previous comment the Committee notes the indication of the Government that Roma people have difficulties in the labour market due to their very low educational level, and lack of vocational training and work experience. It also takes note that a national Romany programme will be adopted in the near future. It asks the Government to adopt the necessary measures to ensure that Roma people and other national minorities will have equal access with the rest of the population to education and to vocational training. It also asks the Government to provide a copy of the mentioned programme once it is adopted.

4. The Committee notes the concluding observations of the Committee on Economic, Social and Cultural Rights (CESCR) on Croatia of 30 November 2001 (E/C.12/1/Add.73). That Committee expressed its concern over reports alleging that the competent authorities frequently do not address private acts of discrimination and ethnically motivated violence, mainly against Serbs and Roma people, nor discrimination in employment on the basis of gender, age and ethnic origin. That Committee noted that women are generally employed in lower paying and lower status jobs and are poorly represented in public service and office. This Committee joins the CESCR in encouraging the Government to adopt measures to continue to reduce unemployment and promote entrepreneurship, ensuring that in so doing, all such measures, including training of prospective employees and placement of jobseekers with potential employers, are undertaken in a non-discriminatory manner. It also strongly recommended the Government to undertake a comprehensive review of the situation of women in the workforce and as public servants. The Committee hopes that the Government will take into account these observations and will undertake the necessary measures to address the inequality that affects in practice mainly women and certain national minorities. It also hopes that the Government will supply information on the effectiveness of such measures.

5. Enforcement of legislation. The Committee requests the Government to provide information in its next report on any administrative and legal decisions concerning cases of discrimination on the grounds provided for under the Convention.

6. Further to its previous request on statistics, the Committee takes note with interest that in late 2001 the Commission of the Government of the Republic of Croatia for Gender Equality published the booklet entitled "Women in Croatia in Figures" to show the real situation of women in the Republic of Croatia in particular areas, a copy of which has been annexed to the report, and will be analysed by the Committee after translation.

CMNT_TITLE

1. The Committee notes with interest the adoption of both the Act concerning amendments to the Labour Act and the Equality of the Sexes Act that came into force on 19 and 30 July 2003 respectively. It notes that according to the amended section 2 of the Labour Act the prohibition of discrimination against jobseekers and workers includes new grounds of sexual orientation and ethnic origin upon which discrimination is prohibited, in addition to the grounds of race, skin colour, marital status, family obligations, age, language, religion, conviction, social origin, wealth, birth, social position, political party membership or non-membership, trade union membership or non-membership and physical and mental difficulties (1); defines what is considered direct and indirect discrimination (2)(3); lays out exemptions (2a); set out provisions on harassment and sexual harassment (2b); establishes the right to damages in the event of discrimination (2c), and that the burden of the proof is upon the employer (2d). It also notes that section 13 of the Equality of the Sexes Act forbids discrimination in employment and occupation. The Committee is of the view that these new provisions are in accordance with the Convention and further strengthening its application in law. It requests the Government to provide information in future reports on their enforcement and their implementation in practice including results achieved.

2. In its previous comment the Committee has noted the amendment of section 3 of the Constitution to include gender equality among the highest values of the constitutional order of Croatia and the amendment of article 3 of the Labour Act to provide that, when hiring workers, employers shall be obliged to give priority to the under-represented sex if candidates meet, in an equal manner, general and specific conditions for employment. The Committee asks the Government to provide information in its next report on the application and impact of these new provisions on the situation of women as regards equal opportunity and treatment in employment and occupation, including their representation in jobs at the decision-making and management level.

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

CMNT_TITLE

Further to its observation on the application of the Convention, the Committee would like to draw the Government’s attention to the following points.

1. Discrimination on the basis of sex. Recalling its previous request to the Government for information on the implementation of the measures proposed by the National Policy for the Promotion of Gender Equality and on difficulties encountered and results obtained, the Committee notes that the Government refers to its report submitted to the United Nations on the occasion of the Twenty-third Special Session of the General Assembly in June 2000 (Beijing +5). The Committee notes from that report the Government’s conclusions that, while the principle of equality for women is widely accepted, there was still insufficient will to undertake effective measures that would change the situation rapidly. The Committee notes that the Commission for Gender Equality, formerly known as the Commission for Issues of Gender Equality, held a conference in November 1999 to discuss the national policy, as well as new activities and measures. The Committee also notes that the Commission subsequently has drawn up a new National Policy for the Promotion of Gender Equality for the period 2001-05, in cooperation with NGOs, political parties, regional commissions and trade unions. The new policy was adopted by the Government on 31 May 2001 and is currently before Parliament for approval. Noting from the report that the policy covers, inter alia, the area of women in the economy, the Committee requests the Government to provide a copy with its next report. The Committee would also appreciate receiving information on the outcome of the abovementioned 1999 conference as far as it related to equality of women in employment and occupation and on the extent to which the results were taken up in the new National Policy for the Promotion of Gender Equality as adopted by the Government.

2. Discrimination on the basis of race, national extraction and religion. The Committee notes that the Government did not reply to its comments concerning measures taken to promote equality of opportunity and of treatment in employment and occupation and on the effective impact of these measures on discrimination based on race, national extraction and religion. In this respect, the Committee notes from the Second Report on Croatia of the European Commission against Racism and Intolerance (ECRI) that members of minority groups continue to be disproportionately affected by unemployment in western and eastern Slavonia and the Knin region. The ECRI also found that a very large percentage of the Roma/gypsy community in the country is unable to find employment. According to that report, minority groups continue to be significantly underrepresented within the public sector and this reflects difficulties in obtaining employment as well as dismissals of members of minority groups over the last decade. The Committee also understands that article 174 of the Penal Code, which makes certain acts of racial and other discrimination punishable by law, has been recently amended to include the concepts of ethnic and religious community, sex and nation. The Committee hopes that the Government will take measures to ensure observance of the national policy for equal employment in respect of all grounds contained in the Convention, including race, national extraction and religion and reiterates its request to the Government to inform it of measures taken in this regard. The Government is asked to supply detailed information on equal access to education and training as well as employment of members of ethnic minorities in the public sector, including statistical information on the representation of ethnic minorities in the various parts of the public sector. Please also provide a copy of the amendment to the Penal Code.

3. Enforcement of legislation. The Committee takes note of the statement by the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament’s Chamber of Deputies supplied by the Government. The Committee also notes from the report that the courts have not given any decision involving questions of principles relating to the application of the Convention. Recalling that effective procedures for the enforcement of relevant non-discrimination legislation are crucial in applying the Convention, the Committee requests the Government to continue to provide information on any complaints submitted to the competent bodies, including the ombudsperson, concerning cases of discrimination on one or several of the grounds listed in the Convention in employment and occupation, including on outcomes and follow-up. The Government is also asked to provide any judicial or administrative decisions related to discrimination on the grounds provided for under the Convention.

CMNT_TITLE

The Committee notes the report of the Government. Referring to its previous observation concerning comments of the Union of Autonomous Trade Unions of Croatia (UATUC) related to discrimination in hiring on grounds of sex, age and ethnicity and to discrimination of women in the labour market, the Committee had noted that a gender analysis of legislation would be undertaken to determine its impact on women, including the extent to which it promotes equality and provides the necessary protection for working women. In this respect the Committee notes with interest the amendment of article 3 of the Constitution to include gender equality among the highest values of the constitutional order of Croatia and the amendment of section 3 of the Labour Act to provide that, when hiring workers, employers shall be obliged to give priority to the under represented sex if candidates meet, in an equal manner, general and specific conditions for employment. The Government is asked to provide information on the application and impact of these new provisions on the situation of women and men as regards equal opportunity and treatment in employment and occupation, including their representation in jobs at the decision-making and management level. The Committee requests the Government to provide information on all measures taken to prevent discrimination and promote equality in access to jobs and employment security on grounds of race, national extraction and religion.

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

CMNT_TITLE

1. The Committee takes note of the information communicated by the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament's Chamber of Deputies, on its activities undertaken as part of its functions in the social field. It has noted in particular that this Committee has had 27 individual submissions brought before it in respect of labour law, which it has transmitted to the competent ministries. According to the same Committee these were principally cases of workers affected by the closing down or restructuring of their enterprises, and not allegations of discrimination in employment based on race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests the Government to continue to provide information on all complaints submitted to the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities alleging discrimination in respect of employment based on one or several of the criteria in the Convention and to indicate the action which may have been taken thereon.

2. The Committee is aware that the Government is traversing a difficult period of political, economic and social change, after the various conflicts -- in particular ethnic conflicts -- through which the former Federal Republic of Yugoslavia has passed, and that these factors hinder full application of the Convention. It requests the Government to provide detailed information on the measures taken to promote equality of opportunity and of treatment in employment and occupation (including, for example, launching campaigns to increase awareness of equality of opportunity and of treatment; the adoption of measures aimed at encouraging a spirit of racial tolerance; the adoption of adequate sanctions against acts of discrimination in training, access to employment and employment conditions, etc.) and on the effective impact of these measures on discrimination based on race, national extraction and religion.

3. The Committee notes the Government's reply regarding the establishment of a national mechanism to protect and strengthen the rights of women and promote their participation in decision-taking bodies. The Government in fact explains that the mandate of the Committee on Equality Issues set up in 1996, and composed of the representatives of the relevant ministries, is to promote and supervise observance of government policy on questions of equality. In this connection, the Committee notes that the Committee on Equality Issues has concluded its work on the formulation of a national policy to promote equality and that the text was adopted on 18 December 1997. It noted with interest the contents of this national policy (the text of which was provided by the Government) and the fact that the Government decided immediately to execute an implementation plan in its respect. The Committee observes that this plan includes a series of concrete measures to be taken to attain the various objectives of the national policy to promote equality -- such as increasing the number of women in posts of responsibility, taking account of gender issues in the elaboration and assessment of all new policies, developing teaching on equality of the sexes at all levels (primary, secondary and university), etc. Noting that the action programme includes deadlines for the attainment of certain objectives, it requests the Government to inform it, in its next report, of progress achieved in the implementation of the action programme, of difficulties encountered and results obtained by that date.

4. The Committee notes that non-governmental organizations were heavily involved in the elaboration of the national policy to promote equality of the sexes and that the role foreseen for them in the implementation of this policy is also considerable. Taking account of the role accorded, under Article 3 of the Convention, to employers' and workers' organizations in promoting the acceptance and observance of the national policy of equality of opportunity and treatment, the Committee would like to know whether employers' and workers' organizations were also involved in the formulation process of this policy and recalls, in this connection, that the term "cooperation" used in Article 3 of the Convention evokes the idea of work performed jointly which goes well beyond the requirement of consultation.

CMNT_TITLE

1. The Committee notes that the Government's report does not respond to any of the points raised in its previous comments. The Committee is therefore compelled to reiterate the following points set forth in its earlier observation:

1. According to the Union of Autonomous Trade Unions of Croatia (UATUC), discrimination in employment on the basis of sex, age, and ethnic origin is a frequent occurrence, especially with respect to vacancy announcements. It states that, even though employers have the obligation under the Employment Act (section 57) to inform the Croatian Employment Agency of every vacancy, in practice, employers often fail to do so and use sex or age as a condition for employment. The Committee notes from the Government's previous report that violation of this section is subject to a fine and requests the Government to provide information on the number of violations noted and fines imposed under this section. The UATUC further states that the workers most frequently dismissed were elderly persons, women, disabled workers, and workers of non-Croatian ethnic origin, the latter being particularly frequent in the national administration. In its response, the Government states that it is not in a position to reply to these claims in the absence of more precise information, but it can confirm that there are no such cases in the state administration. The Committee hopes to be provided with information, and copies, of any administrative or judicial cases in which discriminatory hiring or dismissal practices have been alleged. It also hopes that the Government will take all necessary steps to ensure the full application of section 2 of the Labour Act of 1995 prohibiting discrimination in employment on various grounds including those covered by the Convention.

2. In regard to the UATUC statement that women are discriminated against on the labour market, the Committee notes the Government's indication that it is aware that there is hidden discrimination against women in the field of employment, and that, therefore, on 18 December 1997 the Government adopted the National Policy for the Promotion of Equality which provides for a series of measures to promote equality for women in different fields. The Committee notes that the National Policy is based on the principle that, although women have the same rights under the legislation, there is room for improvement with regard to the application of existing legislation in order to ensure full equality in practice. It notes in this respect that a gender analysis of legislation will be undertaken to determine its impact on women, including the extent to which it promotes equality and provides the necessary protection for working women. The Committee requests the Government to provide information on the findings of this examination, as well as any legislative changes considered or made, based on these findings. It also requests the Government to provide information on the implementation of other measures proposed in the National Policy in so far as they relate to the promotion of equality and prohibition of discrimination against women in employment.

3. With regard to the comments of the UATUC that there is no national employment policy in Croatia and that rights provided for in other programmes cannot be implemented for lack of appropriate budget allocations, the Committee notes the Government's indication that the Chamber of Deputies of the Croatian Parliament adopted a National Employment Policy on 27 February 1998 and imposed on the Government an obligation to develop and implement a programme of promotional measures, which it adopted in March 1998. The Committee refers to its comments under the Employment Policy Convention, 1964 (No. 122).

2. The Committee hopes that the Government will provide the information requested in its next report.

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

CMNT_TITLE

The Committee notes that the Government's report contains no reply to its previous direct request. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Employment Act (published in the Official Gazette No. 59/96) has repealed the previous legislation, which, according to comments of the Union of Autonomous Trade Unions of Croatia (SSSH) mentioned in the previous direct request, had given rise to certain discrimination, notably following the amendment to the principal Act introduced on 21 October 1994. The Committee also notes the Government's comments on this matter.

2. The Committee notes from the Government's explanation that article 14 of the Constitution applies to all persons resident in the country, whether or not they have Croatian citizenship. The Committee requests the Government to continue to provide information on the application of article 14 of the Constitution, and section 2 of the Labour Relations Act, including copies of any relevant court decisions concerning their application.

3. Further to its previous comments, the Committee notes that although the mandate of the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament's Chamber of Deputies does not include specific activities related to labour policy or legislation, it does deal primarily with the realization of labour rights among its responsibilities in the social field. It is noted, in this respect, that the Committee receives submissions from citizens for assistance in solving problems, the largest number of which have so far concerned the right to work and to employment both in the context of a war-related closure of enterprises and in situations where the volume of activity of a manufacturing or service facility has been reduced. The Government is requested to continue to supply information on any activities of the Committee pertinent to the application of the Convention.

4. Further to its previous comments, the Committee notes with interest the provisions of the Labour Relations Act dealing with protective measures for women and, in particular, section 53 which allows a woman in certain circumstances to choose whether or not to request an exemption from night work. The Committee also notes that section 62 of the Act enables one of the parents to take parental leave to care for a child up to the age of 3 years. As concerns other initiatives for women workers, the Committee notes that the Commission on Equality Issues is in the process of finalizing its work on a National Policy for the Promotion of Equality, which is to serve also as the implementation document for the Beijing Platform for Action. The Committee notes that this policy is to provide for special measures for the employment of women to be implemented through the National Employment Policy, which is also in the process of being drafted. The Committee hopes that, in the context of preparing the National Policy for the Promotion of Equality, due consideration is being given to the creation of national machinery to protect and expand the rights of women and to encourage their participation in decision-making bodies. Please provide copies of these national policies and indicate whether they are being drafted in cooperation with the employers' and workers' organizations. In future reports, please furnish information on the extent to which the implementation of these policies furthers the application of the Convention.

CMNT_TITLE

1. The Committee notes the comments communicated by the Union of Autonomous Trade Unions of Croatia (UATUC) on the application of the Convention, as well as the Government's reply.

2. According to the UATUC, discrimination in employment on the basis of sex, age, and ethnic origin is a frequent occurrence, especially with respect to vacancy announcements. It states that, even though employers have the obligation under the Employment Act (section 57) to inform the Croatian Employment Agency of every vacancy, in practice, employers often fail to do so and use sex or age as a condition for employment. The Committee notes from the Government's previous report that violation of this section is subject to a fine and requests the Government to provide information on the number of violations noted and fines imposed under this section. The UATUC further states that the workers most frequently dismissed were elderly persons, women, disabled workers, and workers of non-Croatian ethnic origin, the latter being particularly frequent in the national administration. In its response, the Government states that it is not in a position to reply to these claims in the absence of more precise information, but it can confirm that there are no such cases in the state administration. The Committee hopes to be provided with information, and copies, of any administrative or judicial cases in which discriminatory hiring or dismissal practices have been alleged. It also hopes that the Government will take all necessary steps to ensure the full application of section 2 of the Labour Act of 1995 prohibiting discrimination in employment on various grounds including those covered by the Convention.

3. In regard to the UATUC statement that women are discriminated against on the labour market, the Committee notes the Government's indication that it is aware that there is hidden discrimination against women in the field of employment, and that, therefore, on 18 December 1997 the Government adopted the National Policy for the Promotion of Equality which provides for a series of measures to promote equality for women in different fields. The Committee notes that the National Policy is based on the principle that, although women have the same rights under the legislation, there is room for improvement with regard to the application of existing legislation in order to ensure full equality in practice. It notes in this respect that a gender analysis of legislation will be undertaken to determine its impact on women, including the extent to which it promotes equality and provides the necessary protection for working women. The Committee requests the Government to provide information on the findings of this examination, as well as any legislative changes considered or made, based on these findings. It also requests the Government to provide information on the implementation of other measures proposed in the National Policy in so far as they relate to the promotion of equality and prohibition of discrimination against women in employment.

4. With regard to the comments of the UATUC that there is no national employment policy in Croatia and that rights provided for in other programmes can not be implemented for lack of appropriate budget allocations, the Committee notes the Government's indication that the Chamber of Deputies of the Croatian Parliament adopted a National Employment Policy on 27 February 1998 and imposed on the Government an obligation to develop and implement a programme of promotional measures, which it adopted in March 1998. The Committee refers to its comments under the Employment Policy Convention, 1964 (No. 122).

CMNT_TITLE

1. The Committee notes that the Employment Act (published in the Official Gazette No. 59/96) has repealed the previous legislation, which, according to comments of the Union of Autonomous Trade Unions of Croatia (SSSH) mentioned in the previous direct request, had given rise to certain discrimination, notably following the amendment to the principal Act introduced on 21 October 1994. The Committee also notes the Government's comments on this matter.

2. The Committee notes from the Government's explanation that article 14 of the Constitution applies to all persons resident in the country, whether or not they have Croatian citizenship. The Committee requests the Government to continue to provide information on the application of article 14 of the Constitution, and section 2 of the Labour Relations Act, including copies of any relevant court decisions concerning their application.

3. Further to its previous comments, the Committee notes that although the mandate of the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament's Chamber of Deputies does not include specific activities related to labour policy or legislation, it does deal primarily with the realization of labour rights among its responsibilities in the social field. It is noted, in this respect, that the Committee receives submissions from citizens for assistance in solving problems, the largest number of which have so far concerned the right to work and to employment both in the context of a war-related closure of enterprises and in situations where the volume of activity of a manufacturing or service facility has been reduced. The Government is requested to continue to supply information on any activities of the Committee pertinent to the application of the Convention.

4. Further to its previous comments, the Committee notes with interest the provisions of the Labour Relations Act dealing with protective measures for women and, in particular, section 53 which allows a woman in certain circumstances to choose whether or not to request an exemption from night work. The Committee also notes that section 62 of the Act enables one of the parents to take parental leave to care for a child up to the age of 3 years. As concerns other initiatives for women workers, the Committee notes that the Commission on Equality Issues is in the process of finalizing its work on a National Policy for the Promotion of Equality, which is to serve also as the implementation document for the Beijing Platform for Action. The Committee notes that this policy is to provide for special measures for the employment of women to be implemented through the National Employment Policy, which is also in the process of being drafted. The Committee hopes that, in the context of preparing the National Policy for the Promotion of Equality, due consideration is being given to the creation of national machinery to protect and expand the rights of women and to encourage their participation in decision-making bodies. Please provide copies of these national policies and indicate whether they are being drafted in cooperation with the employers' and workers' organizations. In future reports, please furnish information on the extent to which the implementation of these policies furthers the application of the Convention.

CMNT_TITLE

The Committee has noted the Government's explanation concerning the application of Article 4 of the Convention. It has also noted that, apart from section 40 of the Courts Act - which stipulates that no judge shall be a member of any political party nor participate in politics - there are no restrictions concerning the employment of persons on the basis of their political opinions.

1. The Committee notes that, in a communication dated 15 March 1995, the Union of Autonomous Trade Unions of Croatia (UATUC) alleges certain discrimination arising from an amendment of 21 October 1994 to the Employment Act (Official Gazettes 55/91 and 26/93). The Government was invited to comment on the matter in a letter of 31 March 1995, but as no reply has yet been made, the Committee will deal with this question after it has received the Government's observations.

2. As concerns its request for clarification on the scope of the constitutional protection against discrimination, the Committee notes the Government's explanation that article 14 of the Constitution guarantees protection against discrimination to all persons who are resident lawfully in the country and not only to its nationals. The Committee observes that the first paragraph of article 14 clearly confines the protection against discrimination to citizens. As the second paragraph of article 14 is a general statement that "All shall be equal before the law" without further specification, the Committee requests the Government to clarify how protection against discrimination is also afforded to non-citizens. The Committee has also noted that the constitutional prohibition of discrimination (article 54) is found in legislation dealing with education, vocational training and terms and conditions of employment, including job security. In this regard, the Committee notes the prohibition against unequal treatment in section 2 of the Labour Act, adopted on 17 May 1995. It trusts that the Government will provide information on other legislation relevant to the application of the Convention in future reports.

3. In its previous comments, the Committee noted with interest the national policy on inter-ethnic relations and non-discrimination contained in the Constitutional Law of Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities and in the Charter on the Rights of Serbs and other Nationalities. As the policy does not address employment, please continue to provide information on the practical application of the Convention on the ground of national extraction.

4. Referring to its previous comments, the Committee notes that the scope of activities of the Committee for Human Rights and the Rights of Ethnic and National Communities and Minorities is determined by Regulations of the House of Representatives, in the sense that the Committee participates primarily in the legislative activities of the Parliament as a permanent working body, concerned with all matters of principle regarding the realization of the freedoms, rights and duties of people, established by the Constitution, including the rights of ethnic and national communities and minorities. The Committee also examines proposals and makes suggestions for the improvement of any legislation concerned with human rights put forward by other working bodies of the House of Representatives. As concerns the implementation of these rights, especially in the employment field, the Committee was addressed by a number of persons, of Croatian, Serbian and other nationalities, including resident foreigners; and cooperated with other bodies of the House of Representatives and with other public bodies, especially the Ministry of Labour and Social Welfare concerning the need for corrective measures to ensure the protection of these rights. Please continue to provide information on any activities of this body which are relevant to the application of the Convention.

5. The Committee has noted the information provided by the Government in its report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/CRO/SP.1, 6 December 1994). The Committee requests the Government to indicate whether consideration is being given to the creation of national machinery to protect and expand the rights of women and to encourage their participation in decision-making positions, as recommended by the Committee on the Elimination of Discrimination against Women (paragraph 588 of the Report of the Committee on its 14th Session (Official Records of the UN General Assembly, Fiftieth Session, Supplement No. 38 (A/50/38)). The Committee also requests the Government to provide, in its next report, any reports or studies that might have been prepared on the situation of women for the Fourth World Conference on Women, held in Beijing in September 1995.

6. The Committee notes the information provided by the Government concerning the measures taken in respect of, among others, women workers, young workers and disabled workers (including disabled war veterans), pursuant to Article 5, paragraph 2, of the Convention. Please indicate in future reports if measures are taken to review periodically the protective legislation applying to women, in the light of up-to-date scientific knowledge and technological changes. In this regard, certain of the provisions cited, such as section 40 of the Labour Relations Fundamental Rights Act (which prohibits a woman with a child under 2 years of age from working overtime or at night, except in certain circumstances) appear to be predicated on the basis that mothers, rather than both parents, bear primary responsibility for caring for their young children. Please indicate whether there is any evidence that, in practice, such prohibitions have detrimental effects on the employment and promotion opportunities of women.

7. The Committee hopes that the Government will be able to indicate, in its future reports, the active measures it has taken to obtain the cooperation of employers' and workers' organizations and other appropriate bodies to promote the acceptance and observance of the national policy on equality of opportunity and treatment in employment and occupation, in accordance with Article 3(a) of the Convention. It also hopes that the Government will provide full information on the practical measures taken to implement the Convention, including examples of any educational programmes to secure the acceptance and observance of the national policy.

CMNT_TITLE

The Committee notes the information contained in the Government's first report and requests the Government to provide additional information on the following points:

1. The Committee notes with interest the provisions contained in the Constitution, 1990, the Constitutional Act on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia, 1992, and the Charter on the Rights of Serbs and Other Nationalities in the Republic of Croatia, 1991, which provide for the enjoyment of all rights and freedoms without any discrimination based, inter alia, on all of the grounds set out in the Convention. Noting that article 14 of the Constitution is limited to citizens, but that section 2 of the Act on Human Rights does not appear to be so limited, the Committee requests the Government to indicate whether the legislative protection against discrimination, as set out in the Convention, covers all persons and not only citizens.

2. The Committee notes that the constitutional prohibition of discrimination (article 54) only refers to the right to work, choice of vocation, and access to workplaces and duties under the same conditions. The Committee therefore requests the Government to indicate whether the prohibition of discrimination is understood to extend to vocational training, terms and conditions of employment and security of employment in conformity with Article 1, paragraph 3, of the Convention.

3. The Committee notes with interest the national policy on inter-ethnic relations and non-discrimination contained in the Act on Human Rights and the Charter on the Rights of Serbs and Other Nationalities which provide for the preservation of national, cultural and language identity, participation in political life, and education for national and ethnic communities or minorities. It notes, however, that the policy does not specifically address employment or occupation.

The Committee further notes that no information was provided on the manner in which particular groups are treated in respect of equal opportunities and treatment in employment and occupation. The Committee notes that one indication is found in the Government's report to the United Nations Committee on the Elimination of All Forms of Racial Discrimination (UN document CERD/C/249, 17 September 1993), which states that "as a result of the situation in the UNPAs (United Nations Protected Areas) the guaranteed right to work has been systematically violated and the non-Serb population has been discharged from work". Although the UNPAs are for the time being beyond the control of the Croatian Government, the Committee would appreciate receiving any available information also on these parts of Croatia.

The Committee would therefore be grateful if the Government would provide information on the practical application of the Convention, and on the measures that have been taken to ensure that both men and women from all groups of the country have equal opportunity in access to vocational guidance and training, employment and particular occupations, in terms and conditions of work and in security of employment.

4. The Committee notes the establishment, by the House of Representatives, of the Committee on Human Rights and Rights of Ethnic and National Communities or Minorities with a mandate to determine and monitor the implementation of the policy pertaining to minority and human rights. It would be grateful if the Government would provide information on any action taken by this Committee.

5. The Committee asks the Government to provide information concerning the activities of the Inter-ethnic Relations Office, including any research and policy advice on labour-related matters. It would also be grateful for information on the activities of the Council of Representatives of Ethnic and National Communities or Minorities which has been established in the Office.

6. The Committee notes that no information was provided on the situation of women workers in the country. It requests the Government to provide details on the steps which the Government has taken to pursue a policy to promote equality of opportunity and treatment in employment and occupation between men and women, and the specific contents and aims of the policy.

7. The Committee would be grateful if the Government would provide information on the practical application of the occupational safety and health regulations, which stipulate that certain jobs can be performed only by persons who, in addition to general requirements of employment, also satisfy special requirements regarding, inter alia, sex. In this regard, please describe the rationale for any special requirements regarding sex that may have been established, and list any jobs that can only be performed by persons of one sex as stipulated by the labour authority.

8. The Committee would be grateful if the Government would provide information on any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, and give particulars of the right of appeal available to the persons concerned.

9. With reference to article 17 of the Constitution, the Committee would be grateful if the Government would provide information on the measures taken to ensure that a person cannot legally be discriminated against in employment and occupation based on political opinion, which includes membership in political parties.

10. Please provide information on measures taken to obtain the cooperation of employers' and workers' organizations in promoting the acceptance and observance of the national policy on non-discrimination.

11. The Committee would be grateful if the Government would in future reports provide copies of any relevant regulations or decisions passed by districts (regions) with special self-governing (autonomous) status within the country.

12. Please indicate in the next report whether any provisions of the Act on the Fundamental Rights arising out of the Employment Relationship of the SFRY remain in force in the Republic of Croatia.

13. The Committee requests the Government to supply copies of the following legislative texts with its next report: the Act on Political Organization, the Fundamental Labour Relations Act mentioned in the Government's report, and the Act on the Employment of Foreigners.