Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Discrimination on the basis of national extraction. The Committee recalls its previous observation on the discriminatory effects that might follow from the application of the State Language Act of 1999 and its implementing regulations on the employment and occupation of minority groups, including the Russian-speaking minority. The Committee notes the Government’s statement that the requirement for skills in the state official language responds to legitimate interests of the State and that training in the Latvian language is provided to persons whose mother tongue is not Latvian under Regulation No. 774/2004 of the Cabinet of Ministers establishing the National Agency for the Latvian Language Training (NALLT). The Committee also notes the Government’s indication that section 3(4) of the Act on the unemployed and the persons seeking employment recognizes that the promotion of public knowledge of the state official language represents one of the means of reducing unemployment. The Committee requests the Government to provide full information on the activities of the NALLT, including information on the percentage of men and women belonging to minority groups that have participated in the language training courses. The Committee also requests the Government to supply information on the situation of minority groups in the labour market, and on any measures taken to assess the impact of the State Language Act and its implementing regulations on the employment opportunities of minority groups. Please also provide information on any relevant administrative and judicial decisions concerning the application of the State Language Act and the remedies provided or sanctions imposed.

Discrimination on the basis of political opinion. Further to its previous observation concerning the application of some provisions of the Police Act of 1999 and the State Civil Service Act of 2000 which may result in discrimination on the ground of political opinion in respect of access to employment, the Committee notes from the Government’s report that section 28 of the Police Act was repealed on 15 June 2006. As regards the restrictions on the access to public employment contained in the State Civil Service Act, the Committee notes the Government’s indication that it is not in a position to supply information on the number of applicants who have been refused employment under the State Civil Service Act since, pursuant to section 9 of the Act on State Administration, the fulfilment of the criteria required in relation to a vacancy in the public service is evaluated autonomously by each public institution. Recalling the obligation of the Government to ensure the application of the principle of non-discrimination in respect of employment under the control of a national authority, the Committee requests the Government to monitor the application of the State Civil Service Act with a view to ensuring that applicants for jobs in the public service do not suffer from discrimination on the ground of political opinion, and it requests the Government to supply detailed information on the measures taken in this regard. The Committee also reiterates its request for information on any judicial or administrative decisions handed down in relation to the application of the Act, in particular as regards appeals against exclusion or dismissal from the public service on the ground of political opinion.

Regarding section 8(9) of the State Civil Service Act which makes access to employment in the public service conditional upon the requirement that the applicant is not or has not been a participant in organizations prohibited by law or judicial decisions, the Committee notes that the Government does not provide the information solicited. The Committee therefore again requests the Government to supply information on the application of this provision, the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.

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