Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as the comments from the National Trade Union Bloc (BNS) contained in its communication dated 4 September 2003, which relate to the practical application of non-discrimination legislation.

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes with interest that Romania has continued to enact legislation to prohibit discrimination and promote equality in employment and occupation, including the following:

-  Section 5 of the new Labour Code (Act No. 53/2003) prohibits any direct and indirect discrimination against an employee based on criteria such as sex, sexual orientation, genetic characteristics, age, national origin, race, colour, ethnic origin, religion, political option, social origin, disability, family conditions or responsibilities, and union membership or activity, and provides for definitions of direct and indirect discrimination.

-  Act No. 202/2002 on equal opportunities for women and men, as amended by Act No. 501/2004, prohibits sex-based discrimination at all stages of the employment process and requires employers to take certain measures to ensure non-discrimination and promote equal opportunities. The Act also contains a provision on the inclusion of non-discrimination clauses in collective agreements.

-  Act No. 27/2004, amending Act No. 48/2002, which approved Ordinance No. 137/2000, introduces new prohibited grounds of discrimination (age, disability, non-contagious chronically diseases and HIV infection), a definition of indirect discrimination, and provisions on victimization, mediation, legal assistance and sanctions.

The Committee requests the Government to provide information on how the above legislation is applied in practice, including information on the number, nature and outcome of relevant cases brought before the courts, the National Council to Combat Discrimination, the National Agency for Equal Opportunities and the Ombudsperson. The Government is also requested to explain the manner in which the labour inspectorate is supervising equality and anti-discrimination legislation and to indicate the number, nature and outcome of the interventions made in this regard.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 50 of Act No. 188/1999 on civil servants, as amended and reissued in 2004, provides that "to hold public office a person shall meet the following conditions: … (j) not have been carrying out an activity in the political police as defined by the law". The Committee notes that this restriction regarding entry into the civil service may go beyond what would be a justifiable exclusion in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention. In order to enable the Committee to examine the conformity of section 50(j) of Act No. 188/1999, as amended, with the Convention, the Government is requested to supply information on what constitutes an "activity in the political police" under section 50(j), including relevant laws and judicial decisions, and to provide detailed information on the rationale and practical application of this provision, including the number of persons that are excluded from the civil service on this basis.

3. Articles 2 and 3. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes that the Ministerial Commission for Roma was established within the Ministry of Labour, which is responsible for the implementation of the employment-related measures provided for under the Strategy for the improvement of the conditions of the Roma. The Committee notes with interest that the Commission includes a Roma representative. In 2003, out of 23,961 unemployed persons receiving vocational training, only 202 were Roma. While 5,535 Roma were employed in 2002, this number rose to 8,781 in 2003. The Government has set the following annual targets: participation of at least 1,500 Roma in vocational training; legal employment of at least 10,000 Roma; and the establishment of at least 50 businesses by persons of Roma origin. Further, the Government envisaged the launching of a public information campaign on available employment services, the creation of active partnerships between Roma representatives, NGOs and decentralized units of the Ministry of Labour, as well as an awareness-raising campaign among employers. The Committee welcomes that certain progress has been made with regard to the promotion of equal access to employment of the Roma, but it considers that sustained efforts will be necessary in order to achieve lasting results. The Committee requests the Government to provide detailed information on the progress made in the implementation of the national programme for Roma employment, including progress in achieving the abovementioned annual targets. In this regard, the Government is asked to provide statistical information, disaggregated by sex, on the participation of the Roma and other national minorities in the labour market, including public employment.

4. National machinery to promote equality and eliminate discrimination. The Committee notes with interest that a National Agency for Equal Opportunities for Men and Women (ANES) was set up under Government Ordinance No. 84/2004 which became operational on 1 March 2005. ANES is, inter alia, competent to receive complaints concerning gender equality, to undertake research and studies, and to develop governmental policy. Government Decision No. 85/2005 was adopted to reinforce the implementation of the National Action Plan on Equal Opportunities for Women and Men. The Committee notes that the former Inter-Ministerial Consultative Commission for Equal Opportunities for Women and Men (CODES) has been replaced by the National Commission for Equal Opportunities for Women and Men (CONES) which is comprised of representatives of ministries, other central administrative bodies and representatives of workers’ and employers’ organizations, as well as NGOs. The Committee requests the Government to provide information on the concrete activities undertaken by ANES and CONES to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including results achieved.

5. The Committee notes that the National Council to Combat Discrimination established under Ordinance No. 137/2000 has adopted a National Plan to Combat Discrimination. The Council is mandated to make legislative proposals, to engage in awareness-raising and public information campaigns, to carry out research, and to cooperate with other bodies and organizations, and to monitor compliance with anti-discrimination legislation. As of June 2004, the Council had received a total of 764 complaints, the majority of which was related to discrimination on the basis of ethnicity or social origin. In 49 cases the Council found that discrimination had occurred and imposed 15 penal sanctions and 34 warnings. The Committee requests the Government to provide information on specific activities carried out by the National Council to Combat Discrimination with regard to equal treatment in employment and occupation, including indications regarding complaints received and their outcomes.

6. Measures of redress. The Committee recalls that it has been following up on Recommendations Nos. 6 (requests for medical examinations due to treatment received while in custody, made by persons who went on strike in 1987 and who have been subsequently rehabilitated by the courts) and 18 (rebuilding of the houses destroyed as part of the systematization policy against certain minorities) of the report of the Commission of Inquiry (Official Bulletin, Volume LXXIV, 1991, Series B, Supplement 3). Noting that no information has been provided with regard to Recommendation No. 18, the Committee requests the Government to indicate the number of claims still pending for restitution of property and to provide information on any such restitution to the affected persons belonging to national minorities. As regards Recommendation No. 6, the Committee requested the Government to continue to provide information on the implementation of Act No. 118/1990, including with regard to requests for medical examinations made by persons who took part in the strike of 1987. Noting that no information has been provided on this matter, the Committee requests the Government to indicate whether any new requests for medical examination have been made in recent years.

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