Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Further to its observation of 1992, in which the Committee had taken note of the conclusions and recommendations of the Commission of Inquiry concerning the existence of discriminatory practices based on political opinion, race, national extraction and social origin, the Committee notes the Government's report and attached documentation.

Discrimination on the grounds of political opinion and social origin

1. In reply to its concern that manifestations of differing political opinions may still give rise to discriminatory practices in employment, the Committee notes from the Government's report that the procedure of using personnel records which workers had to fill out, a practice of the old regime, has ceased to exist and that the provision in article 50(a) of the Constitution which states that "faithfulness towards the country is sacred" refers to the valor of patriotism. The Committee would be grateful if the Government would continue to supply information on the measures taken to ensure that discrimination on the grounds of political opinion does not occur, including copies of any relevant judicial decisions or regulations.

Discrimination on the grounds of national extraction and race

2. The Committee recalls that the Commission of Inquiry had observed that the Roma minority, and to a lesser extent the Magyar minority, are the two groups against whom discrimination was systematically practised. In its previous comments, the Committee had noted that a series of measures had been taken to improve the status of these two groups including the adoption of the Declaration of the Government on national minorities, the constitutional provision for minorities to be educated in their mother tongue and the adoption of a programme aimed at improving the socio-economic status of the Roma and solving their problem of employment. The Committee had welcomed these measures, but at the same time it had underlined the importance of their application in practice.

3. The Committee notes with interest from the information supplied by the Government that an extensive mother tongue education programme for the Magyar minority has been developed, including an increase in the number of sectors where the Magyar language is taught; the instruction of future secondary-school teachers so as to prepare them to teach in Magyar mother tongue schools; and the offering of classes in Magyar mother tongue at the University of Cluj. The Committee also notes that special classes for the Roma minority students have been established in several secondary schools so as to prepare them to teach in Roma mother tongue schools. The Committee requests the Government to continue to furnish information on the measures taken to provide educational instruction and vocational training which meet the linguistic needs of the Magyar and Roma minorities. It also requests the Government to supply a copy of Government Decision No. 461 referred to in the Government's report.

4. With regard to the implementation of the programme to improve the socio-economic position of the Roma, the Government reports that special vocational training and retraining courses are organized for the Roma in three districts; training courses for the Roma in social services counselling, education and health have taken place; private industries have been brought into four Roma districts; 14 houses are currently under construction in one Roma district; the Romanian branch of the cultural foundation "Rromani-Baht" has been established; and the number of Roma cultural publications has increased. The Government also refers to a proposal for the establishment of a State Inspectorate for the Integration and Social Protection of the Roma, which would coordinate and assist in carrying out programmes aimed at improving the socio-economic status of this group.

5. The Committee notes the above information with interest and would be grateful if the Government would continue to provide information on the implementation of the programme including details on its results in terms of the employment situation of the Roma. Specifically, with respect to the establishment of private industries in the four districts, please indicate the number of jobs created for the Roma as a result of such action. The Committee would also be grateful if the Government would provide information on the establishment of the State Inspectorate and the manner in which the representatives of the Roma participated in the formulation of this proposal and how they will be associated with the activities of the Inspectorate.

Dissemination of information to promote equality of opportunity and treatment in employment

6. The Committee notes the Government's statement that copies of the conclusions and recommendations of the Commission of Inquiry in Romanian will be distributed to employers' and workers' organizations, employment offices and other institutions and it hopes that the Government will be able to indicate at the Conference in June 1993 that this has been done and that it will provide full particulars in its next report.

7. The Committee notes from the Government's report that, in order to promote a better understanding of how to implement the principles of equality in employment, copies of the Draft Guide of Practice for Equal Opportunity in Employment, prepared by the International Labour Office, have been translated into Romanian and distributed to local employment services. The Committee would be grateful if the Government would continue to furnish information on the measures taken to further understanding of the principles contained in the Convention and to foster understanding and tolerance between various groups of the population.

Measures of redress

8. The Committee again requests the Government to provide information on the measures taken to give effect to the following recommendations made by the Commission of Inquiry: Recommendations No. 4 (effect of past discrimination), No. 6 (concerning the Government's guarantee of an efficient and impartial follow-up to the requests for medical examination made by the persons who went on strike and had been rehabilitated by the courts), No. 7 (the reinstatement of workers who had lost their jobs as a result of being arrested for the June 1990 demonstrations) and No. 20 (reparation for discrimination suffered by national minorities or by persons persecuted for political reasons).

The situation of women workers

9. The Committee notes with concern that it has once again not received information on the situation of women in employment and occupation. It requests the Government to provide information including statistics on the measures taken to prevent discrimination on the ground of sex and to promote equality of opportunity and treatment between men and women, and on the situation of women workers with regard to:

- access to vocational training or retraining;

- access to employment and to particular occupations;

- terms and conditions of employment;

- security of employment.

Cooperation of workers' and employers' organizations

10. The Committee requests the Government to indicate the manner in which it seeks the cooperation of employers' and workers' organizations and other appropriate bodies in securing application of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]