Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s report as well as the observations from the Confederation of Autonomous Trade Unions of Serbia and the Trade Union Federation “Nezavisnost”, which were received along with the Government’s report.

Legislative developments. The Committee notes with interest the adoption of the Act on the Prohibition of Discrimination (Official Gazette No. 22/09) in April 2009. The Committee notes that the Act prohibits direct and indirect discrimination in a number of areas, including education, vocational training and employment (sections 16 and 19). The Committee notes that the Act’s definition of discrimination includes an open list of prohibited grounds as follows: race, skin colour, ancestors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, gender, gender identity, sexual orientation, financial position, birth, genetic characteristics, health, disability, marital and family status, previous convictions, age, appearance, membership in political, trade union and other organizations and other real or presumed personal characteristics (section 2(1)). The Committee welcomes that the Act goes beyond prohibiting discrimination based on the seven grounds explicitly listed in the Convention, as envisaged in Article 1(1)(b). The Committee also notes that the Act provides for the establishment of a Commissioner for the Protection of Equality. The Commissioner’s mandate includes receiving and reviewing complaints regarding violations, the issuing of opinions and recommendations, and filing cases before courts.

Implementation of the non-discrimination legislation. The Committee notes from the comments made by the Confederation of Autonomous Trade Unions of Serbia and the Trade Union Federation “Nezavisnost” that despite the legislation in place, discrimination continues to occur in practice. In this regard, the Committee recalls its previous comments in which it requested the Government to provide information on the manner in which the labour inspection services supervise the application of the provisions prohibiting employment discrimination contained in sections 18 to 23 of the Labour Code. Noting that the Government has not yet provided a reply to these comments, and also in view of the newly adopted Act on the Prohibition of Discrimination, the Committee wishes to emphasize the importance of concrete and practical measures to promote awareness and understanding of the non-discrimination legislation among workers and employers, and the public at large. In addition, efforts may be required to enable the competent administrative and judicial authorities to be able to address cases of employment discrimination including through workshops and training activities. The Committee requests the Government to provide information on the measures taken to ensure the full implementation of the provisions relating to discrimination in employment and occupation contained in the Labour Code and the Act on the Prohibition of Discrimination, including promotional and training activities. In addition, the Committee requests the Government to provide information on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for Equality, including information on remedies provided or sanctions imposed. If such information is not available, the Committee requests the Government to take the steps necessary to collect such data, and to provide it in its future reports.

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