Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

Other comments on C111

Observation

Direct Request

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Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls the National Strategy on the Promotion of Gender Equality for the period 2009–15, and the new Bill on Equal Opportunities between Women and Men, which was discussed by the National Assembly in 2010. The Committee notes with interest the repeal in 2010 of the Ordinance of the Minister of Defence No. 14 of 2005, which had prevented women from serving as military officers. The Committee also notes the statistical information provided by the Government, which shows that a significant difference remains in the employment rate of men and women. The Committee further notes from the statement by the Government dated 12 July 2012, to the United Nations Committee on the Elimination of Discrimination against Women, that the National Action Plan on Equal Opportunities for Women and Men for 2012 sets out specific measures to ensure better representation of women in decision making positions both in the public and private sectors, and to eliminate gender stereotypes. A total of 13 companies have agreed to abide by the targets of achieving 30 per cent representation of women in members of governing bodies by 2015, and 40 per cent representation of women by 2020. In addition, in 2011, the Commission for the Protection against Discrimination (CPD) conducted surveys on gender stereotypes showing that female leaders were rarely mentioned in history, science and other areas, and the CPD organized seminars for media to raise awareness about gender stereotypes.

The Committee requests the Government to continue to provide information on the following:

(i) the practical measures taken to implement the National Action Plan and the Strategy on the Promotion of Gender Equality with a view to ensuring equal access and opportunities for men and women in the labour market, including to decision-making and management positions in the private and public sectors, as well as the results achieved;
(ii) any steps taken to raise awareness among workers and employers on gender stereotypes, in particular, assumptions regarding women’s professional capabilities and aspirations, as well as the results achieved;
(iii) the progress made in the adoption of the Bill on Equal Opportunities between Men and Women; and
(iv) cooperation with workers’ and employers’ organizations in the design and implementation of the measures taken to promote gender equality.

Sexual harassment. The Committee notes the information provided by the Government on decisions of the Supreme Administrative Court and of the CPD concerning sexual harassment. The Committee asks the Government to continue to provide information on any cases of sexual harassment addressed by employers pursuant to section 17 of the Protection against Discrimination Act, and by the labour inspectorate, the CPD, or the courts. The Committee also asks the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures such as the awareness-raising activities on this issue.

Equality of opportunity and treatment irrespective of race, colour, national extraction or religion. The Committee recalls the regular monitoring reports identifying the remaining challenges in implementing the National Action Plan (NAP) on the initiative “Decade of Roma Inclusion 2005–15”, aimed at promoting equal access to employment, training and education of the members of the Roma community. It also recalls the recommendations contained in the monitoring report, focusing on the need to improve the coordination between the various institutions and municipalities for joint action, the creation of a Coordinating Council to monitor the implementation of the NAP, and continuation of the collection and analysis of comparable data to monitor the progress made. The Committee notes that the National Strategy for Roma Integration for the period 2012–20 was adopted in March 2012, the priority areas of which include education and employment. This National Strategy aims at contributing to achieving 76 per cent employment among the population aged 20–64 by 2020. Currently 87.7 per cent of Bulgarians, 74.3 per cent of persons of Turkish origin, and 50.2 per cent of persons of Roma origin are employed among the economically active persons. The strategic goal of the National Strategy also refers to observing the principles of equality and non discrimination. The Committee also notes the Government’s indication that in 2010, the self-identification form had been completed by 42,755 persons who identified themselves as Roma, and the statistical information on the number of persons of Roma origin receiving various training and vocational guidance from the Labour Offices. In particular, under the “Activation of non-active persons” programme of the Employment Agency, 125 unemployed persons of Roma origin received professional training, of which 91 persons continued to work in 69 Labour Offices as of the end of 2010. In addition, under a national programme “From social assistance towards provision of employment”, 12,159 persons of Roma origin were provided with employment opportunities in 2010.

With respect to access to education, the Committee notes the Government’s indication that the strategy for educational integration of children and schoolchildren of ethnic minorities was updated in 2010. The emphasis has been put on the quality of education in schools which cater predominantly to children of Roma origin, and on multicultural education in the Bulgarian language. The Committee asks the Government to continue to take concrete measures to foster equal opportunities of Roma people, particularly with respect to access to employment and education, and to continue and intensify its efforts to assess and to monitor the progress made in this respect. It also asks the Government to provide information on measures taken further to the recommendations of the monitoring reports of the NAP, as well as the outcome of the National Strategy for Roma Integration for the period 2012–20, including statistical information concerning the situation of Roma people in the labour market. Please provide information on the measures taken to promote equal access to employment and occupation in the public and private sectors of persons from other ethnic, religious and linguistic minority groups, in particular, persons from Turkish origin, Bulgarian-speaking Muslims (Pomaks) and persons of Macedonian origin, as well as statistical information concerning their situation in the labour market, including the number of persons filling in the self-identification form.

Article 5. Special measures. The Committee notes that the Government’s report does not contain any information with regard to section 24 of the Protection against Discrimination Act, which refers to obligations of the employer concerning special measures. The Committee once again asks the Government to provide information on the manner in which section 24 of the Protection against Discrimination Act is monitored and enforced. The Committee also asks the Government to provide details on any measures taken or envisaged based on the outcome of the equal opportunities study.

Parts III to V of the report form. Enforcement. The Committee notes the statistical information provided by the Government on the litigation initiated at the CPD for the period 2009–11. It also notes the Government’s indication that in 2010, the Ministry of Labour and Social Policy and the European Commission co-financed the project “Progress to equality: National effective and innovative practices for prevention and fight against discrimination”. Under this project, the priority areas of which include equal treatment and non-discrimination in employment, seminars have been held for employers and managers of small and medium-sized enterprises; a guidebook for employers on workplace diversity was drafted; and 115 representatives of employers’ and workers’ organizations were trained. The Committee requests the Government to continue to provide information on the measures taken to raise awareness of the right to non-discrimination and equality, including the activities of the CPD regarding discrimination in employment and occupation. The Committee also asks the Government to provide information on the application of the Convention, including detailed information on the number, nature (i.e. discrimination grounds and area of employment concerned) and the outcome of the cases dealt with by the CPD and the courts.