Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide detailed information in its next report, particularly on the following points:

1. Article 1 of the Convention. The Committee notes from the Government's report that article 29 of the 1992 Constitution provides for equality of all persons before the law and forbids the restriction of rights or the granting of privileges on the basis of sex, race, nationality, language, origin, social status, religion, convictions, or opinions. It also notes the provisions of the Employment Contract Act, 1991, which includes among the general principles governing labour relations, the guarantee of equality for all employees, regardless of their sex, race, nationality, citizenship, political convictions, religious beliefs or any other factors not affecting their professional qualifications (item 6 of section 2); those of section 19 which prohibit an employer from refusing employment on those grounds; and those of section 29 making it illegal for an employer to dismiss an employee on the basis of political conviction, religious views, nationality, citizenship or other factors not related to professional qualifications. In addition, the Committee notes the anti-discrimination provisions of other legislation, including the Act on the Social Integration of the Disabled, 1991, the Act on Ethnic Minorities, 1989, and the Labour Protection Act, 1993. The Committee would be grateful if the Government would furnish the information requested under paragraph 1(a) of the report form adopted by the Governing Body for the Convention concerning the actual situation in the country regarding vocational training, employment and occupation of persons according to the grounds specified in the Constitution and legislation. Information might be supplied, for example, on the participation rate of these different groups of persons in education at all levels, in employment generally and in particular occupations and at different levels of responsibility and influence.

2. The Committee would be grateful if the Government would indicate whether the term "nationality" in the Constitution and other legislation corresponds to the criterion of "national extraction" used in the Convention, and how it has been interpreted by the courts.

3. The Committee notes that several grounds on which discrimination is prohibited in the Constitution or in other legislation are listed in the Government's report in addition to those explicitly covered by the Convention (language, age, citizenship and disability). Please indicate whether these grounds should be considered to be covered by the Convention by virtue of Article 1, paragraph 1(b) and if so, please give particulars of the consultations which have taken place in this regard with the employers' and workers' organizations and other appropriate bodies.

4. Articles 2 and 3. In addition to the constitutional and legislative provisions cited, the Committee notes from the report the statement that all people have an equal opportunity to receive vocational education, employment and occupation. In this connection, the Committee refers to paragraphs 157 to 162 of its 1988 General Survey on equality in employment and occupation which underline the importance of adopting a national policy which states clearly that its purpose is to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice, on all of the grounds covered by the Convention, in all fields of employment and occupation. The declaration of a national policy also implies that programmes to implement its objectives should be, or should have been, set up and applied. It therefore appears that the policy should go beyond a citation of legal provisions. In the light of these indications, the Committee requests the Government to supply information on the positive measures being taken or contemplated in pursuance of this policy, including details on the steps taken for the effective elimination of discrimination on the grounds set forth in the Constitution and legislation and on the results achieved by such measures, with regard to all aspects of vocational training, access to employment and to particular occupations and terms and conditions of employment. Please supply copies of any reports, studies, statistics or other relevant documents which illustrate the changes that may have occurred. The Committee also requests the Government to indicate the measures taken to obtain the cooperation of employers' and workers' organizations and other appropriate bodies (such as women's organizations) and to describe the form of any such cooperation.

5. The Committee notes from the national report to the Fourth World Conference on Women (Beijing, September 1995), entitled "Women in Lithuania" that even though great progress has been made since 1989 in the revision and adoption of legislation based on the principle of gender equality, there remains a considerable gap between the legal situation and actual practice. According to that report, although women constitute 54 per cent of the total labour force, there is a high degree of occupational segregation according to traditional perceptions of gender roles, with women comprising the majority of workers in the lowest socio-economic job categories. In the context of calling for special measures to combat the feminization of poverty, the report suggests the need to provide women with favourable opportunities to compete equally in the labour market, but conceded that this could be hindered by the prevailing patriarchal attitudes. It is also suggested that the present situation could be facilitated by the establishment of a special institution to defend, promote and implement gender equality. The Committee requests the Government to provide information on any measures taken or contemplated to address the obstacles to gender equality outlined in the national report. It also asks the Government to indicate whether consideration has been given to strengthening the role and functions of the State Counsellor on Women's Issues or to creating other specialized machinery for the promotion of gender equality.

6. Article 4. Noting that the report makes no reference to the practical application of this Article, the Committee requests the Government to provide information in its next report on any legislative or administrative measures and on the national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. Please also indicate whether, and if so what, special procedures govern the right of appeal of the persons concerned.

7. Article 5. The Committee requests the Government to furnish particulars on the jobs prohibited to women pursuant to section 64 of the Labour Protection Act and to provide details on the consultations carried out with the representative employers' and workers' organizations in this regard. Please state why the measures in question are considered necessary. The Committee requests the Government to provide information on the success of the measures to promote the employment of disabled people contained in the Act on the Social Integration of the Disabled. Please also furnish information on any special measures of protection or assistance introduced to meet the particular employment requirements of any other group of persons.

8. Points III and IV of the report form. The Committee requests the Government to provide information on any training given to the authorities responsible for ensuring the implementation of the relevant legislation, particularly with respect to the ways in which direct and indirect discrimination is manifested. Please also state in future reports whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.