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

Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that women have benefited from employment policy measures in 2006 and 2007 on an equal footing with men. The Committee further notes the report entitled The position of women on the labour market in Serbia published by the Gender Equality Council of the Republic of Serbia and the United Nations Development Programme in 2008. The report finds that the labour market remains segregated horizontally and vertically and that traditional attitudes and gender-bias regarding the roles of men and women in the workplace and society continue to limit women’s opportunities in the labour market. The recommendations drawn up in conjunction with the report provide concrete suggestions for action to address this situation. The Committee requests the Government to provide the following:

(i)    detailed information on the measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation, including information on the measures taken to follow-up on the abovementioned recommendations;

(ii)   detailed and updated statistical information on the position of men and women in the labour market;

(iii) indications as to the status of the draft gender equality legislation to which the Committee referred previously.

Sexual harassment. The Committee notes that section 21 of the Labour Code prohibits sexual harassment which is defined as “any verbal, non-verbal or physical behaviour aimed at or representing violation of dignity of a person seeking employment or employee in the area of sexual life, causing fear or breeding adverse, humiliating or insulting environment”. The Committee notes that this provision does not clearly cover quid pro quo harassment and that persons bringing a complaint to the courts bear the burden of proof. On the other hand, the Law on the prohibition of discrimination, while not specifically referring to or defining sexual harassment, prohibits “blackmail and harassment relating to gender” (section 20). Under this Law, the burden of proof shifts from the plaintiff to the defendant, once the plaintiff has “proved the likelihood” that such act has been committed. The Committee encourages the Government to review and strengthen the provisions on sexual harassment at work ensuring that they cover both quid pro quo harassment as well as harassment due to a hostile working environment and to indicate the steps taken in this regard. The Committee also asks the Government to provide information on whether the competent authorities have addressed any cases of sexual harassment at work so far, and whether any other measures have been taken to address and prevent sexual harassment at work, including awareness-raising and training activities.

Equality of opportunity and treatment, irrespective or race, colour or national extraction. In its report, the Government refers to section 32 of the Law on employment and insurance for unemployment which identifies ethnic minorities with a high unemployment rate as one of the specific target groups of active employment policy measures, including additional education and training. At the same time, the Government acknowledges that monitoring the situation of this category of unemployed is difficult since unemployment records according to ethnic origin are not held. While the Committee welcomes that ethnic minorities with high unemployment rates are identified as a target group for measures to promote their access to employment and occupation, it is concerned at the apparent absence of data that would allow the Government to set targets and monitor progress towards their achievement. The Committee requests the Government to indicate the measures taken to establish appropriate data reflecting the position of ethnic minorities in the labour market, in compliance with international data protection and human rights standards, and to indicate any progress made in this regard.

With regard to the situation of the Roma minority, the Committee notes from the Government’s report that in 2007 some 140 Roma participated in programmes to acquire elementary education and vocational skills, while some 300 Roma participated in public works. Further, taking into account that many Roma are engaged in informal work, the Committee also notes measures taken to promote self-employment. The Committee is also aware that the Government adopted a National Strategy for the Promotion of the Position of Roma in April 2009, which includes a chapter on employment. According to the Government’s initial report under the International Convention on the Elimination of all Forms of Racial Discrimination, the Roma population is estimated to number between 250,000 to 500,000 (CERD/C/SRB/1, 1 October 2009, paragraph 73). The Committee requests the Government to continue to provide detailed information on the implementation of the various programmes and schemes aimed at promoting equal access of the Roma to employment and occupation, the manner in which the situation of Roma women is addressed, and information on the results achieved. In this regard, the Committee requests the Government to provide an overview of the strategies, measures and targets to achieve non-discrimination and equality of the Roma in employment and occupation set out in the 2009 National Strategy for the Promotion of the Position of Roma, as well as information on the progress made in implementing them.

Article 3(a) of the Convention. Cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government with regard to the Committee’s comments on the application of this provision of the Convention, outlining in general terms the existing tripartite cooperation mechanisms. The Committee requests the Government to provide information on the measures taken by the Government to seek the cooperation of the social partners more specifically with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate how the social partners are involved in efforts to promote the Law on the prohibition of discrimination and its implementation.

Article 3(d). Civil service. Recalling its previous comments regarding the application of the Convention in respect of the civil service, the Committee notes that that section 7 of the Law on civil servants prohibits discrimination against a civil servant in his or her rights and obligations on the grounds of race, religion, sex, national or political affiliation or other personal attributes. Section 9 provides that all job positions shall be accessible under equal conditions; section 11 provides that all civil servants shall be equal with regard to promotion, rewarding and enjoying legal protection. While noting these provisions, the Committee stresses that the Convention aims at promoting and ensuring equality in law and in practice and asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.