Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes with interest that, according to section 5 of the Act of 2003 on Protection against Discrimination, sexual harassment is considered to be discrimination, and that the definition of sexual harassment in paragraph 1(2) of the supplementary provisions of the Act includes both quid pro quo and hostile working environment harassment. It also notes that section 17 of the Act requires the employer who has received a complaint from an employee to investigate the case immediately, take measures to stop the harassment, and impose disciplinary sanction in case the harassment has been committed by another worker or employee. The Committee welcomes these provisions and asks the Government to provide information on their implementation and enforcement in practice, including any judicial decisions.

2. Article 1(1)(a) and (3). Discrimination on the basis of colour. The Committee notes that "colour", which was first included in the draft of the anti-discrimination act, is no longer explicitly mentioned amongst the prohibited grounds of discrimination in the Act of 2003 on Protection against Discrimination. With reference to the omission of the ground of "colour" in section 7, paragraph 4, of the Act on Civil Service of 21 July 1999, the Government states that the provisions of the Labour Code dealing with non-discrimination, are binding for all employees, including civil servants. Noting that section 8(3) of the Labour Code, as amended, includes the ground of "skin colour", the Committee asks the Government to confirm whether discrimination on the basis of "any other grounds" (section 4 of the 2003 Act) covers discrimination based on colour. It also hopes that the Government will, on the occasion of any future legislative revision, take the opportunity to harmonize all the legal provisions concerning discrimination so as to ensure full conformity with the Convention.

3. Article 1(2). Inherent requirements of the job on the basis of sex. The Committee notes with interest that the restrictions on women’s recruitment in regular military service were repealed as of 1 January 2004. It also notes that, pursuant to section 7(2) of the Act on Protection against Discrimination the list of activities where the sex of the worker is a genuine and determining professional requirement shall be established by: (a) an ordinance of the Minister of Labour and Social Policy and the Minister of the Interior; and (b) an ordinance of the Minister of Defence for the activities and the positions on the regular military services in the armed forces. The Government is asked to supply copies of the abovementioned ordinances once adopted.

4. Articles 2 and 3. Access to employment and occupation of persons of Roma and Turkish origin. Further to its observation, the Committee acknowledges the efforts taken by the Government to include ethnic minority groups of Roma origin and Turkish origin in its employment creation programmes. It nonetheless wishes to insist once again on the importance of collecting information indicating whether these programmes have made a real impact as to the effective long-term employment for members of the Turkish and especially the Roma communities. It hopes that the Government will be in a position to provide such information in its next report.

5. With respect to the application of Council of Minister’s Decree No. 183 of 5 September 1994, the Committee notes the information provided on the courses to learn the Turkish mother tongue in municipal schools and institutions of higher education. It also notes that the Roma language has been taught in two schools and that qualification courses have been held for Roma language teachers. While welcoming this information, the Committee would nonetheless appreciate receiving information on the number of municipal schools that provide the opportunity to primary grade students of Turkish and Roma origin to study in their own language within the lessons scheduled for preparation, as well as in institutions of higher learning such as universities. Please also provide information on the outcome of the evaluation made by the National Council on Ethnic and Demographic Issues (NCEDI) of the existing policies and practice for ensuring equal access to education of children from ethnic minority groups, to be completed in June 2003.

6. Articles 2 and 3. Implementation of the national policy and practical application with respect to women. The Committee notes from the Government’s report on the implementation of the Beijing Platform of Action (1995) that a National Plan on Equality for Men and Women (2005-07) is being developed and that the Employment Strategy (2004-10) envisages measures guaranteeing equal opportunities for men and women. Furthermore, a Consultative Committee on Equal Opportunities for Women and Men and the Equal Opportunities for Women and Men Sector have been established at ministerial level and a revised draft Act on Equal Opportunities for Men and Women has been submitted to the National Assembly in 2003. While noting some progress made with regard to the creation of sustainable employment for women, the Committee also notes from the statistics provided by the Government for 2002 that women continue to be predominantly represented in education and health care (covering 22 per cent of women’s total employment compared to only 6 per cent of men’s) and in services (18.3 per cent women and 9.2 per cent men) and that only 5 per cent of the female employees were employed at management levels, compared to 10.5 per cent of the male employees. The Committee asks the Government to indicate the specific measures taken in the context of these policies and within the mandate of the abovementioned bodies to increase professional mobility of women towards sectors in which they are traditionally under-represented and to posts of responsibility. The Government is also asked to keep the Committee informed on any developments with respect to adoption of the abovementioned Bill and to continue to supply statistical data disaggregated by sex on labour market participation by occupation and sector.

7. Article 5. Special measures. The Committee notes that some employers have taken advantage of the preferences granted to them under section 53 of the Employment Promotion Act of 2001 when employing unemployed women. Noting that under section 24(1) and (2) of the Act on Protection Against Discrimination of 2003 employers must also encourage job applications from and vocational training of persons belonging to the under-represented sex or ethnic group, the Committee asks the Government to provide statistical information, disaggregated by sex, regarding the application of the special measures contained in the abovementioned provisions. The Committee further notes the comments by the Confederation of Independent Trade Unions in Bulgaria (CITUB) that some provisions of the draft Act on Protection Against Discrimination were not in compliance with the existing labour legislation, especially those concerning the protection of working mothers. CITUB also expresses concern over the fact that the draft Act had not been submitted to the National Council for Tripartite Cooperation for discussion. While noting with interest that the recent amendments of the Labour Code in 2004 take into account most of the comments made by the Office on the provisions on working mothers, the Committee also notes that under section 7(1)(7) of the Act against Discrimination pregnant women or mothers may waive the protection provided in the legislation. The Committee refers to its comments under the Maternity Protection Convention, 2000 (No. 183), and trusts that the Government will involve the social partners in future legislative measures concerning discrimination.