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

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.