Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee recalls that for many years it had examined the compatibility with the Convention of measures which resulted in discriminatory practices in employment and occupation on the grounds of political opinion, social origin and national extraction. In June 1989, a number of Workers' delegates to the International Labour Conference filed a complaint against the Government of Romania under article 26 of the Constitution, alleging violation of Convention No. 111. Since then, the Committee had suspended its comments pending examination of this complaint by the Commission of Inquiry constituted by the Governing Body.

2. The Committee takes note of the report of the Commission of Inquiry, which was presented in May 1991 (see ILO Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement 3) and of the last report of the Government, which was received in February 1992.

3. The Committee notes that the change of Government which took place in December 1989 affected the procedure followed by the Commission of Inquiry, which concluded that the renunciation of the concept of the Single Party and the establishment of the multi-party system, the authorisation to form occupational organisations and associations and the restoration of freedom of worship had vindicated some of the charges made in the complaint and made moot any recommendations it could have deemed fit to make in this respect. The Committee notes that the Commission of Inquiry's recommendations were thus formulated only in respect of such conclusions as might have a bearing on the present situation.

4. The Commission of Inquiry generally concluded that discriminatory practices based on political opinion and social origin may continue to occur in practice; that discrimination based on national extraction and race continued to exist to a serious extent against the Roma and, to a lesser extent, against the Magyars; and that no policy to promote equality of opportunity and treatment in employment and occupation, as called for in the Convention, existed.

5. The Commission recommended, as essential premises for the application of the Convention, the strengthening of the concept of the rule of law in Romanian society; the adoption of the principle of separation of powers; the establishment of an independent and objective judiciary including just rights of access, appeal and due process in judicial proceedings; and the observance of human rights, including freedom of association and of collective bargaining. The Commission specifically recommended that measures should be taken as soon as possible to end all discrimination in employment and occupation based on any of the criteria set out in the Convention, and in particular on political opinion; to dismantle the policy of assimilation and discrimination against minorities; to redress the effects of the former policy of discrimination; and to formulate and promote a policy of equality of opportunity and treatment in employment, occupation, training and education, including the development of a climate of tolerance for all groups of Romanian citizens regardless of their race, religion or national extraction. The Commission further recommended a number of specific actions to be taken to accomplish the above aims and that detailed information on all relevant developments be given in the annual reports on the application of Convention No. 111, submitted under article 22 of the ILO Constitution.

6. In the light of the Committee's previous comments, the conclusions and recommendations of the Commission of Inquiry and the information contained in the report of the Government, the Committee wishes to make the following comments:

Measures to establish the political, legal and social framework necessary to apply the Convention

7. The Committee refers to the recommendations of the Commission of Inquiry concerning the need for Romania to establish certain conditions as essential premises for full compliance with Convention No. 111. Firstly, the Commission stressed the need to establish the rule of law. The Committee notes with interest that in the new Constitution of 8 December 1991, political pluralism is guaranteed; the separation of the legislative, executive and judicial powers is set out; a Defender of the People is to be appointed to defend the rights and liberties of the citizens; free access to justice is guaranteed along with the right to have an interpreter before the court; and the independence of judges and due process guarantees are established, as well as the right to personal freedom and the right to choose one's residence. The Committee also notes with interest the Constitutional provisions concerning the incorporation of international treaties, to which Romania is a party, into national law (article 11) and the requirement for the rights and liberties of citizens under the Constitution to be interpreted and applied in conformity with the Universal Declaration of Human Rights and other treaties, and the priority given to international human rights treaties over national laws in cases of inconsistency (article 20).

8. Secondly, the Commission stressed the need to develop a climate of mutual tolerance in the country. In this respect, the Committee expresses its interest in article 30 of the new Constitution which establishes rights of freedom of expression but at the same time declares that such freedom shall not be prejudical to one's dignity, honour, personal privacy and the right to one's own image and it outlaws instigation to national, racial, class or religious hatred. The Committee also emphasises the importance it attaches to the declaration published by the Government on national minorities, the details of which are more fully set out below. The Committee requests the Government to report on the results these efforts have had on public opinion and to supply details on other measures contemplated or taken to foster understanding of the principles of equality of opportunity and treatment and tolerance between various groups of the population.

Discrimination on the grounds of political opinion and social origin

9. With reference to its previous comments, the Committee notes with interest that article 4(2) of the Constitution of 8 December 1991 prohibits discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, including the grounds of political opinion and social origin. The Committee also notes with satisfaction that section 2 of the Labour Code as amended by Decree No. 147 of 1990, now also refers to political convictions and social origin as grounds on which discrimination is prohibited and that Act No. 30 of 15 November 1990, concerning the recruitment of employees on the basis of abilities, prohibits distinctions based on political, ethnic or denominational (religious) criteria, sex, age or economic situation.

10. The Committee notes the conclusion by the Commission of Inquiry that while it was convinced that there was no longer a nationally defined and rigorously applied policy which would lead, in the field of employment and vocational training, to discrimination on the basis of political opinion and social origin, in fact, manifestations of differing political opinions than those in power may still give rise to discriminatory practices. It would therefore be grateful if the Government would provide information on the measures taken or contemplated to ensure that such practices are stopped, including information on the establishment of grievance procedures, the implementation of judicial decisions condemning such practices and the establishment of procedures controlling the use of the personnel records which workers had to fill out under the former regime.

11. The Committee also notes that article 50(a) of the new Constitution provides that "faithfulness towards the country is sacred". The Committee recalls its previous comments concerning the need to eliminate or clarify terms such as "loyalty to the Government" and accordingly requests the Government to clearly define what is meant by the above provision in order to avoid all risk of arbitrariness in its application which could amount to discrimination under the Convention.

Discrimination on the grounds of national extraction and race

12. The Committee recalls that in previous comments it had drawn attention to the discriminatory effect of the former regime's policy of forced assimilation including discrimination against minorities in access to employment, training and education largely on account of linguistic problems; and to resettlement policies affecting the Magyars (Romanian citizens of Hungarian origin). The Commission of Inquiry found conclusive evidence of the existence of discrimination in employment and occupation affecting members of national minorities on the grounds of national extraction and race. The Roma minority, and to a lesser extent the Magyar minority, are the two groups against whom discrimination is systematically practised. The Committee notes the conclusion by the Commission of Inquiry that the repeal of the provisions respecting the arbitrary posting of graduates and the abolition of discriminatory administrative practices had contributed to the elimination of certain situations in which there had been complaints. However, the Commission observed that these measures alone have not restored equality for the Magyars. With regard to the Roma, the Committee notes that the Commission of Inquiry concluded that no appreciable improvement in their situation had occurred since the events of 1989, and that direct discrimination appears to continue and is probably aggravated under the influence of the defamatory campaigns conducted by the mass media, which treat the Roma as scapegoats responsible for all past, present and future ills.

13. The Commission of Inquiry recommended a series of measures to be taken by the Government to improve the situation of these minorities, including the adoption of a language policy which would take into consideration the linguistic needs of members of these communities and facilitate their access to education, training and employment; and the adoption of a national policy recognising the cultural identity of the minorities and the eradication of negative attitudes which had been particularly cultivated against the Roma.

14. The Committee thus notes with interest the provisions in the new Constitution which prohibit discrimination on the grounds of race, nationality or ethnic origin (article 4(2)), and which recognise, and guarantee, to any person belonging to a national minority the right to the preservation, development and expression of one's ethnic, cultural, linguistic and religious identity (article 6(1)); and the requirements that protective measures taken for the national minorities shall conform to the principles of equality and non-discrimination in relation to other Romanian citizens (article 6(2)).

15. The Committee notes with great interest the Declaration of the Government on national minorities, published in a national newspaper on 4 December 1991. In this Declaration, the Government recalls that the rights and obligations and freedoms established in its new democracy apply to all citizens including those members of minorities, and it pledges to guarantee the constitutional rights of minorities, including the preservation of their cultural identity and the right to study in their mother tongue. Persons belonging to the minority will be protected against attempts at forced assimilation and measures of exclusion and segregation. The Government recalls the penal sanctions against acts of violence committed against a person of another nationality on the basis of their nationality or ethnic origin and it reaffirms its intention to rigorously apply the law in this respect. It also pledges to denounce and combat nationalist hatred, fanaticism, racism and antisemitism. The Committee requests the Government to indicate the extent to which the Government's declaration has legal effect.

16. The Committee also notes with interest the repeal of Decree No. 153/1970 which provided for penalties in the case of certain offences against laws of communal social life and public law and order, and which had been used against members of the Roma minority.

17. With reference to linguistic needs, the Committee notes with interest article 32 of the new Constitution which provides, inter alia, that education in all grades may be conducted in widely spoken foreign languages other than Romanian and that any person who belongs to a national minority is guaranteed the right to learn and to be educated in his mother tongue, pursuant to regulations. The Committee requests the Government to provide information on the manner in which education in the mother tongue of the Magyar and Roma minorities is guaranteed in practice and to supply copies of any regulations issued pursuant to this provision. In this connection, the Committee also notes Decision No. 521/1990, respecting the organisation and functioning of teaching in Romania for 1990-91, which provides for teaching of vocational training in the mother tongue of the Roma but not of the Magyar. The Committee asks the Government to provide information on the implementation and evaluation of this programme and to indicate whether any measures have been taken or are contemplated to extend the possibility to receive vocational training to the Magyars in their mother tongue.

18. With respect to specific measures to improve the social and economic situation of the Roma, the Committee notes with interest the information provided in the Government's report on the adoption of a programme aimed at increasing the socio-economic status of the Roma and solving their problems of employment. The programme includes the hiring of 22 labour inspectors (13 of which have already been engaged), constant contact and cooperation with the leaders of the Roma communities, the holding of training and retraining courses for unemployed Roma, the institution of an interministerial commission, a study on the construction of housing for the Roma, integrating the Roma into legal lucrative activities and collecting data on the Roma. The Government indicated that the census held in January 1992 will contribute substantially to this collection of data. The Committee welcomes this initiative, and notes the Government's statement that this programme was adopted following the recommendations of the Commission of Inquiry. The Committee requests the Government to continue to supply information on the implementation of the programme and the results achieved. In this respect it would be grateful if the Government could provide more detailed information on the manner in which the representatives of the Roma participated in the formulation of the programme and the manner in which they will participate in its implementation.

19. The Committee believes the above combination of actions may be considered as an initial positive response to the recommendations of the Commission of Inquiry with regard to the formulation of national policies to address the existence of discrimination and intolerance against national minorities. The Committee would now underline the need for the application in practice of these policies and it requests the Government to provide details on the implementation of the constitutional and legislative provisions and the impact of the Government's policy on national minorities.

Measures of redress

20. The Committee notes that no information was provided on the implementation of certain recommendations made by the Commission of Inquiry concerning the compensation of persons who had been victims of discrimination based on political opinion. In particular the Committee requests the Government to indicate the measures taken to give effect to Recommendations No. 4 (concerning putting an end to the effect of all discriminatory measures in employment and restoring equal opportunity and treatment to the persons concerned), No. 6 (concerning the guarantee of an efficient and impartial follow-up to the requests for medical examination made by the persons who went on strike on 15 November 1987 in Brasov, who had been rehabilitated by the courts), and No. 7 (concerning the reinstatement of workers who had lost their jobs as a result of being arrested following the June 1990 demonstrations and who had not been released until more than two months). It also requests the Government to provide the information requested in Recommendation No. 20 on reparations for the discrimination suffered by national minorities or by persons persecuted for political reasons.

Dissemination of conclusions and recommendations of the Commission of Inquiry

21. The Committee notes with interest that, in accordance with the request of the Governing Body, the conclusions and recommendations of the Commission of Inquiry have been published in Romanian in order to permit their dissemination to the persons concerned. The Committee requests the Government to indicate the measures taken or envisaged to ensure the widest possible dissemination of this publication.

The situation of women workers

22. The Committee notes that it has not received information on the promotion of equality between men and women for a number of years. It requests the Government to provide information on the measures taken or contemplated to prevent discrimination on the grounds of sex and to promote equality of opportunity and treatment between men and women, and on the results obtained with regard to:

- access to vocational training;

- access to employment and to a particular occupation;

- terms and conditions of employment;

- retention of employment.

Cooperation of workers' and employers' organisations

23. The Committee requests the Government to indicate the manner in which it seeks the cooperation of employers' and workers' organisations and other appropriate bodies in securing application of the Convention.