Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (Ratification: 1994)

Other comments on C111

Observation

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Article 2 of the Convention. National equality policy. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that, within the framework of the implementation of the Inter-institutional Action Plan 2012–14 on the Promotion of Non-Discrimination, several training and public events were organized. It notes that a new Inter-institutional Action Plan 2015–20 on the Promotion of Non-Discrimination was adopted. It notes, however, that the European Union recently pointed out the regular underfinancing of anti-discrimination programmes and roughly estimated that anti-discrimination measures planned for 2016 were given only 35 per cent of the initial budget (European Union, Country report on non-discrimination, 2017, p. 105). The Committee asks the Government to provide information on the concrete steps taken in the context of the Inter-institutional Action Plan 2015–20 on the Promotion of Non-Discrimination or otherwise, to effectively promote equality of opportunity and treatment in employment and occupation, with respect to all of the grounds covered by the Convention, and to address discriminatory practices, and to provide information on the impact of such actions. It also asks the Government to provide information on the number, nature and outcome of cases of discrimination in the fields of employment and occupation, including with regard to sanctions imposed and remedies provided.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that the National Programme on Equal Opportunities for Women and Men for 2012–14 identified persistent discriminatory attitudes concerning men’s and women’s roles at work. The Government also indicated that the promotion of equal employment opportunities for women and men and the reduction of sectoral and vocational labour market segregation are still one of the priority goals in the new National Programme on Equal Opportunities for Women and Men for 2015–21, and its accompanying Action Plan for 2015–17 which aims to increase opportunities for women, especially in rural areas, as well as self-employment. To this end, in 2015 and 2016 a number of activities were organized to promote women’s economic empowerment. In this regard, the Committee notes that several surveys, training and public information campaigns, were undertaken by the Equal Opportunities Ombudsperson, in particular to address gender discrimination in recruitment. It notes, from the report of the Ombudsperson that, in 2017, there were 312 cases of discrimination based on gender submitted which represented almost 44 per cent of all complaints, half of which referred to discrimination in labour relations. However, it observes that in 146 cases the Ombudsperson refused to examine the complaint as it considered that it was not competent to do so. The Committee asks the Government to provide information on the steps taken, in the context of the National Programme on Equal Opportunities for Women and Men 2015–21 and its accompanying Action Plan for 2015–17 or otherwise, to effectively reduce gender segregation in the labour market and to promote equality of opportunity and treatment of men and women in employment and occupation, including in recruitment, as well as on the results achieved. The Committee once again asks the Government to provide statistical information on the distribution of men and women in employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Referring to its previous comments on the Roma community, the Committee takes notes of the Government’s indication that in 2015, 389 Roma people participated in counselling sessions; 359 benefited from information services; and 55 took part in active labour market policy measures. The Government adds that, in order to address stereotypes concerning the Roma community at work, measures helping them to integrate the labour market have been envisaged within the Inter-institutional Action Plan 2015–20 on the Promotion of Non-Discrimination. However, the Committee notes that, in its 2016 report, the European Commission against Racism and Intolerance (ECRI) indicated that despite some progress in a number of fields, social marginalization of Roma people is still evident, for example in the areas of education and employment. Indeed, Roma people suffer from particularly high unemployment rates and some sources put the number of Roma people working in regular jobs in the formal economy at less than 10 per cent. The Committee further notes that the ECRI indicated that, following the unsatisfactory achievements following previous programmes, the authorities developed the new Action Plan for Roma Integration into the Lithuanian Society 2015–20 which includes, inter alia, measures in the areas of pre-school, school and adult education, as well as in employment. However, there was still some uncertainty concerning the funding of the measures envisaged within the Action Plan. The ECRI recommended that the Government should scale up the support for Roma education activities and take more specific measures to support the integration of Roma people into the labour market, such as the expansion of vocational training activities and the facilitation and promotion of their registration with the labour exchange, but also the expansion of adult education courses for Roma people beyond Vilnius (CRI(2016)20, page 9 and paragraphs 61, 67, 70 and 72). The Committee further notes that, in July 2018, the United Nations Human Rights Committee also expressed concern at reports that the Roma community continues to suffer from widespread discrimination, especially in the areas of employment and education, and was, in particular, concerned at the persistent low literacy rates among Roma people; the low percentage of Roma people with general education; the decrease in Roma people with secondary and higher education; and at the low employment rate amongst Roma, in particular women (CCPR/C/LTU/CO/4, 26 July 2018, paragraph 7). More generally, the Committee further notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) also expressed concern that many persons belonging to national and ethnic minorities reportedly experienced racial stereotyping and discrimination that negatively affected their access to the labour market (CERD/C/LTU/CO/6-8, 6 January 2016, paragraph 24). The Committee requests the Government to strengthen its efforts, in collaboration with workers and employers or their organizations, to combat stereotypes and prejudices against national and ethnic minorities, including the Roma community, in education, employment and occupation, and effectively ensure equality of opportunity and treatment of those minorities, in conformity with the Convention. The Committee also asks the Government to provide specific information on the steps taken, within the framework of the Action Plan for Roma Integration into the Lithuanian Society 2015–20 or otherwise, to promote equal education and employment opportunities for members of the Roma community and the impact thereof. It further asks the Government to provide information on the number of cases where persons belonging to national and ethnic minorities, including the Roma community, have experienced racial stereotyping and discrimination in education, employment and occupation and whose cases have been reported to the Equal Opportunities Ombudsperson or the courts, as well as on the remedies provided.

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