Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations from the trade union Lietuvos Darbo Federacija (LDF) dated 31 August 2004, which have been sent to the Government for comment. It will consider these observations together with the Government’s next report and any observations the Government may make in reply.

1. Article 1(1) of the Convention. Sexual harassment. Recalling its 2002 general observation, the Committee notes that under section 5(5) of the Act on Equal Opportunities of Women and Men, the employer must take appropriate measures to prevent sexual harassment of employees. Sexual harassment is defined as offensive verbal or physical conduct of a sexual nature towards a person with whom work, business and other relations of subordination exist. The Committee notes that both men and women have lodged complaints regarding sexual harassment with the Equal Opportunities Ombudsman. Noting the Government’s emphasis on awareness raising and policies on sexual harassment at the enterprise level, the Committee requests the Government to provide information on any steps taken to promote such measures. Please also continue to provide information on the manner in which sexual harassment is addressed by the competent public authorities, including the number and outcomes of complaints.

2. Prohibition of discrimination. The Committee notes that under the new Labour Code (Act No. IX-926 of 4 June 2002) those covered by the Code are to be treated equally irrespective of their gender, sexual orientation, race, national origin, citizenship and social status, religion, marital and family status, age, opinion or views, political party or public organization membership, and factors unrelated to the employee’s professional qualities (section 2(4)). The Committee also notes that the Act on Equal Treatment (Act No. IX-1826 of 18 November 2003) prohibits direct and indirect discrimination in private and public employment on the basis of age, sexual orientation, disability, racial or ethnic origin, and religion or belief. Under the Act, complaints concerning such discrimination can be brought before the Equal Opportunities Ombudsman. Finally, the Committee notes that definitions of direct and indirect discrimination have been included in the Act on Equal Opportunities of Women and Men. The Committee requests the Government to clarify whether the grounds of "social status" and "opinion or views" referred to in section 2(4) of the Labour Code cover the grounds of social origin and political opinion as listed in the Convention. The Government is also requested to provide information on the practical application of section 2(4) of the Labour Code, including through the competent administrative and judicial bodies.

3. Article 1(2). Inherent requirements of the job. The Committee notes that under section 2(3) of the Act on Equal Treatment the requirement to know the state language (point 2) and prohibitions of taking part in political activities (point 3) established by law are not considered to constitute direct discrimination. Differential treatment is also considered lawful when "a certain human characteristic is the usual and decisive professional requirement, and the aim is lawful and the requirement is appropriate" (point 7). The Committee requests the Government to indicate any legal provisions establishing the requirements mentioned in points 2 and 3 of section 2(3). With regard to point 7, the Committee hopes that in respect to employment and occupation, this provision will be applied in conformity with Article 1(2) of the Convention under which any distinction, exclusion or preference in respect to a particular job shall not be deemed to be discrimination only if it is based on the inherent requirements thereof. Please provide information on the practical application of point 7 of section 2(3) of the Act on Equal Treatment, indicating cases in which it has been applied.

4. Article 2. Equality of opportunity on the basis of race, colour, and national extraction. The Committee notes with interest the Government’s efforts to assess the levels of tolerance towards members of ethnic and social groups through a survey conducted in November 2003, which showed that there is a high degree of intolerance of members of the Roma minority. The Committee also notes the employment data for the different national minorities, disaggregated by sex, which indicates substantially higher unemployment rates of Lithuanians of Russian and Polish origin as compared to other Lithuanians. Roma continue to face difficulties in entering the labour market due to their lack of training and education, as well as the negative attitudes towards this group in society. According to the Government, unemployment is the main cause of poverty experienced by this group. Noting the various measures taken by the Government in the context of the Programme for the Roma Integration into Lithuanian Society, the Committee requests the Government to continue to provide information on such measures, including on the results achieved, as well as information on the enforcement of the Act on Equal Opportunities with regard to discrimination against the Roma. Please also continue to provide information on the application of the Convention in respect to the other minority groups, including statistical information.

5. Equality of opportunity and treatment of men and women. The Committee notes with interest Lithuania’s ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), which was registered on 6 May 2004. The Committee also notes the various measures taken to promote women’s equal access to employment, such as training programmes on business organization and skills training, as well as public awareness-raising measures to combat stereotypes regarding women’s role in society that impact negatively on their employment. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, as well as information on the results achieved, including statistical information on the level of men’s and women’s participation in the different sectors, occupations, and levels of responsibility. Recalling its previous comments regarding the currently lower retirement age of 62.5 years for women as compared to 65 years for men, the Committee notes the Government’s indication that this issue may be re-examined in the future in light of social and economic conditions and budgetary considerations.

6. Equality of opportunity on the basis of political opinion. The Committee recalls its previous comments regarding section 9(6)(3) of the Act on Public Service of 1999 which provided that former staff officers of the USSR State Security Committee shall not be eligible for the civil service. The Committee had expressed concerns that this provision could amount to discrimination on the grounds of political opinion. In this regard, the Committee notes from the Government’s report that section 9(3) of Act on Public Service as in force as of 1 July 2002 contains a list of grounds on which entry in the civil service can be refused which does not include the provision previously contained in section 9(6)(3). Noting that new section 9(3) provides, inter alia, that additional grounds for non-eligibility for the civil service may be laid down in other laws, the Committee requests the Government to confirm that the exclusion established under former section 9(6)(3) of the Act on Public Service has been abolished and to provide a copy of the Act as in force; and to indicate any additional grounds for non-eligibility that may have been adopted in any laws.

7. Article 5. Special measures. Recalling its previous comments concerning Order No. 18/12 of 13 January 1998 of the Ministry of Social Security and Labour and the Ministry of Health Care approving a list of jobs prohibited for women before, during and after confinement for childbirth, the Committee notes that the Government has approved a new list of such jobs on 19 March 2003. Please provide the text of the legal Act containing the list in question.