Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (Ratification: 1994)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report under the Equal Remuneration Convention, 1951 (No. 100) that recommendations on the prevention of harassment and sexual harassment have been prepared under the National Programme on Equal Opportunities for Women and Men 2010–14 and will be disseminated through the website of the Equal Opportunities Ombudsperson, as well as through seminars. The Committee requests the Government to continue to provide information on the measures taken within the framework of the National Programme on Equal Opportunities for Women and Men 2010–14 or otherwise to prevent and address sexual harassment at work, including practical measures taken at the workplace level and the results achieved. Please also provide information on any case of sexual harassment in employment and occupation brought before the competent authorities under section 5 of the Law on Equal Opportunities for Men and Women, and the outcome thereof.

Discrimination on the basis of political opinion. In its previous comments, the Committee expressed concern that the restrictions applicable to former staff officers of the USSR State Security Committee with regard to access to the civil service and to the private sector under section 2 of the Act on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organization of 16 July 1998 (“SSC Act”), as well as pursuant to earlier legislation, could amount to discrimination on the ground of political opinion. The Committee noted further the Government’s indication that these restrictions were no longer applicable and that, according to the 2010 data of the National Security Department, the application of the SSC Act affected 211 former SSC employees. Noting that the Government’s report contains no further information in this respect, the Committee reiterates its request for information on any measures taken or envisaged to remedy the situation of persons who were excluded from employment and occupation as a result of national law and practice but contrary to Lithuania’s international obligations.

Article 1(1)(b). Persons with disabilities. The Committee notes from the Government’s report under Convention No. 100 that 11 cases of discrimination on the ground of disability were lodged with the Equal Opportunities Ombudsperson in 2011. The Committee notes, however, that it is not specified whether such cases related to discrimination in employment and occupation. The Committee requests the Government to provide up-to-date information on the number, nature and outcome of complaints regarding employment discrimination based on disability lodged with the Equal Opportunities Ombudsperson, including on the remedies provided. Please also provide information on any measures adopted, in the framework of the National Programme for Social Integration of the Disabled or otherwise, to promote the employment of persons with disabilities and improve their access to the labour market, and the results achieved.

Article 1(2). Inherent requirements of the job. The Committee recalls its previous comments concerning requirements regarding the state language, religion or sex that are not deemed to be discrimination under the legislation in force. With respect to the language requirement established by section 9 of the Law on Public Service, the Committee understands from the Government’s previous report that the level of state language required for being recruited as a civil servant differs according to the category of employment concerned. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee again requests the Government to indicate how it ensures that language requirements do not in practice deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment in the civil service. It once again asks the Government to provide examples of cases where the sex of a person or his or her religion has been considered to be an inherent requirement of a particular job, under national legislation or in practice.

Article 2. National equality policy. The Committee notes the adoption of the Inter-institutional Action Plan 2012–14 on the Promotion of Non Discrimination, which aims at promoting non-discrimination and equal opportunities through awareness-raising initiatives, measures to strengthen law enforcement and measures to foster tolerance and combat stereotypes regarding sex, race, nationality, language, origin, social status, religion or beliefs, age, sexual orientation, disability and ethnic origin. The Committee also notes, from the Government’s report under Convention No. 100, that 54 complaints concerning discrimination in employment and occupation on the grounds of sex, age, social status, nationality, disability, language, sexual orientation and religion and beliefs were lodged with the Equal Opportunities Ombudsperson in 2011. The Government indicates further that an increase in the number of discriminatory job announcements on the internet was observed in 2011, especially with regard to age and gender requirements, including for cleaners, drivers, managers, administrators and security workers. The Committee asks the Government to provide information on the concrete measures taken in the context of the Inter-institutional Action Plan 2012–14 on the Promotion of Non-Discrimination or otherwise, to promote equality of opportunity and treatment in employment and occupation, with respect to all the grounds covered by the Convention, and to address discriminatory practices, including in recruitment, and the impact of such action. The Committee also asks the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation, including with regard to sanctions imposed and remedies provided.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s brief indication in its report under Convention No. 100 that a round-table discussion on the role of social partners was organized in the context of the National Programme on Equal Opportunities for Women and Men (2010–14) in November 2012. The Committee also notes the information on the capacity-building workshops on gender equality and non-stereotypical vocational counselling targeted at employees of local labour exchange offices that were held in the context of the National Programme. The Committee asks the Government to continue to provide information on the concrete measures taken to implement the National Programme on Equal Opportunities for Women and Men 2010–14, indicating the results achieved and their impact on the employment of women. The Committee once again requests the Government to provide up to date statistics on the distribution of men and women in employment, by economic sector and occupation. Noting that the Government’s report contains no information in this regard, the Committee reiterates its request for information on any measures taken, in the context of the public service reform process, to promote equality of opportunity and treatment of men and women and to address occupational gender segregation, as well as measures taken in the public sector more broadly.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that, in its 2011 report, the European Commission against Racism and Intolerance (ECRI) expressed concern about the lack of coordination between the authorities responsible for addressing the problems faced by the Roma community with regard to access to education, employment, housing and health care. The ECRI highlighted that the Roma Integration Programme (2008–10) and similar initiatives that preceded it “have not produced any tangible results” and recommended the creation of an inter institutional body on Roma issues with a view to coordinating the implementation of initiatives for the integration of the Roma community (ECRI (2011) 38, paragraphs 91 and 94). The Committee asks the Government to provide information on the measures taken to promote equal employment opportunities for members of the Roma community, including on any measures taken to follow-up on the recommendations of the ECRI and the impact thereof. It also requests the Government to provide information on the steps taken, in collaboration with workers and employers or their organizations, to address stereotypes and prejudices against Roma people in employment and occupation.