Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and requests the Government to include information as indicated below in its next report.

1. Equality of opportunity and treatment of men and women. With reference to its 2002 general observation, the Committee thanks the Government for the detailed information provided on the issue of sexual harassment. The Committee invites the Government to continue to provide information with regard to the reform of the 1994 Act on the protection of employees from sexual harassment at the work place and other efforts under way to enhance the prevention of and protection from sexual harassment at work.

2. With reference to its previous comments regarding equality of opportunity of men and women in the federal civil service, the Committee notes that detailed information, including statistical data, on the practical application of the 2001 Act on the implementation of equality of treatment of women and men will be available in 2005 when the Government is due to report on this matter to Parliament. The Committee looks forward to receiving this information with the Government’s next report, as well as any administrative or judicial decision applying the Act that may be handed down. The Government is also requested to provide statistical information on the gender composition of the labour force in the private and public sector by occupation and level of responsibility.

3. The Committee notes with interest that the Government has concluded an agreement with the leading employers’ organizations on 2 July 2001 to promote equal opportunities of men and women in the private sector. It further notes that the implementation of the agreement will be supervised by a high-level committee, and that progress made at the enterprise level with regard to the matters covered by the agreement (training, promotion, and combining family and work) will be examined every two years. The Committee requests the Government to provide a copy of the agreement and information on its supervision and implementation in practice. The Government is also requested to continue to provide information on any other measures taken or envisaged to further promote gender equality in the labour market, including under the Frau und Beruf programme, and information on results achieved and remaining obstacles.

4. The Committee notes from the Government’s report that the second Act on modern services in the labour market of 23 December 2002 (BGBl. 2002, Part I, No. 87) has established a legal framework for transforming illegal work in private household, which is often performed by women, into declared "marginal employment" covered by social insurance, including pension. Noting that the Government expects the Act to have a positive effect on women’s equality of opportunity and treatment, the Committee invites the Government to provide information on the implementation of this Act.

5. With reference to its previous comments the Committee thanks the Government for the updated information provided on the Government’s efforts to promote equal access of men and women to vocational training and guidance, including in the technical professions, and looks forward to receiving similar information in the Government’s future reports.

6. Discrimination on the basis of political opinion. The Committee recalls its comments concerning the access to and dismissal from the public service of persons who were involved in the activities of the Ministry for State Security or the Office for National Security of the former German Democratic Republic (GDR). In this respect, the Committee notes that extraordinary dismissal of public servants who were involved in the activities of these bodies is still possible under the terms of the German Unification Treaty (Annex I, Chapter XIX, Topic A, section III, No. 1, paragraph 5). It also notes the Government’s indication that there were no changes in the jurisprudence of the higher courts with regard to such extraordinary dismissals. With reference to its previous comments with regard to the decision of 23 February 1999 of the state government of Mecklenburg-Vorpommern concerning the screening of candidates for civil service positions, the Committee notes the Government’s indication that the practice in Mecklenburg-Vorpommern was not stricter than in any Land. Since 1999 there have been 54 cases of inquiries in past activities for the Ministry for State Security or the Office for National Security of the former GDR. While the Government did not indicate the number of candidates actually rejected on the basis of such inquiries, it stated that at this juncture this occurs only in very exceptional cases. The Committee requests the Government to continue to provide information on any relevant court decision involving dismissals of public servants or rejections of candidates for the public service based on his or her past political activities.

7. Discrimination on race, colour and national extraction. Noting that the preparation of new anti-discrimination legislation to implement the three recent EU directives on this issue (2000/43/EC, 2000/78/EC, and 2002/73/EC), the Committee requests the Government to provided information on any progress made in this regard in its next report. With regard to discrimination on the basis of race, colour and national extraction, the Committee notes from the Government’s 2002 report under the International Covenant on Civil and Political Rights that the Act to reform the Works Constitution Act promotes the integration of foreigners at the enterprise level and the elimination of xenophobia at the work place. This includes a duty of the employer to report on the integration of foreign workers and the right of work councils to request measures to eliminate racism and xenophobia (CCPR/C/DEU/2002/5, paragraph 336). The Committee requests the Government to provide a copy of this legislation and information on its practical implementation. Recalling its previous comments, the Committee also requests the Government to provide information on any other measures taken or envisaged to ensure equal access to employment of members of minority groups, including in particular persons of foreign background and the Roma, irrespective of race, colour or national extraction. In the absence of any statistical information on the employment situation of minorities, the Government is particularly requested to indicate whether any consideration is being given to the issue on how to monitor the employment situation of minorities in order to ensure their equal access to employment.