Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations made by the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 5 October 2015. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. Previously, the Committee had noted the National Strategy on the Promotion of Gender Equality for the period 2009–15, and the new Bill on Equal Opportunities between Women and Men, which was discussed by the National Assembly in 2010. It had further noted that the statistics provided by the Government showed a significant difference in the employment rate of men and women. From the Government’s current report, the Committee notes that this difference still remains, but that following the impact of the 2008 economic crisis in the country (associated with job losses in sectors dominated by men), the difference in employment between men and women has decreased from nearly 11 percentage points before 2008, to about 6 percentage points in 2014. The Committee notes also the results of the 2013 Eurostat Labour Force Survey, which indicate that: (i) the employment rate of women is at 56.3 per cent, which is still 5 percentage points below the male employment rate (61.3 per cent); (ii) the secondary education attainment of women is at 77.1 per cent; (iii) the college/university (tertiary education) attainment of women has increased to 25.2 per cent; and (iv) the under-representation or over-representation of women and men (horizontal segregation) is less pronounced than the under-representation or over-representation of women and men on hierarchical levels (vertical segregation) in that 12.0 per cent of board positions and 31.0 per cent of management positions are held by women. In that context, the Committee notes the measures taken by the authorities to promote equal participation of women and men in the labour market and reconcile professional and family life. For example, the Ministry of Labour and Social Policy is currently implementing a project on equality in decision-making in the economy under the PROGRESS programme (2007–13) of the European Commission aimed at creating a supportive environment and conditions for the promotion of balanced participation of women and men in management and leadership positions at different levels in the hierarchy of companies. The Committee notes the various schemes aimed at increasing employment rates under the “Human Resources Development” programme (2007–13), particularly the scheme entitled “Back to Work”, which provides free care for children up to 3 years of age thereby promoting the return to work of mothers with small children. It also notes the CITUB’s indication that, together with the Economic and Social Council, it prepared an opinion on the need to develop a national strategy to reconcile family and professional life and that concrete proposals have been adopted and sent to the competent national institutions, social partners and other civil society bodies. The Committee further notes that the Government has developed a practical guide on the Protection Against Discrimination Act, “Rights and obligations of workers, employers and trade unions”. The Committee asks the Government to continue providing information on practical measures taken to ensure equal access and opportunities for men and women in the labour market and particularly measures taken to motivate graduates to enter gender atypical occupations. It also asks the Government to indicate whether the impact of the National Strategy on the Promotion of Gender Equality 2009–15 has been reviewed, and, if so, the results of this review and whether there are any forthcoming plans for a new strategy. The Committee also asks the Government to indicate whether it has responded to the proposals regarding reconciling family and professional life forwarded by the Economic and Social Council and the CITUB and whether it has taken any steps towards developing a national strategy for reconciliation of family and professional life. The Committee further requests the Government to confirm that the Bill on Equal Opportunities for Men and Women has been adopted.

Sexual harassment. The Committee notes with interest the adoption of an amendment to the Act of 24 September 2003 on Protection Against Discrimination by an Act of 25 March 2015 modifying and supplementing the initial Act of 2003. This amendment shifts the burden of proof to the employer in discrimination cases, once the complainant has produced prima facie or plausible evidence of a prohibited discrimination. The Committee considers that this is a useful means of correcting a situation that could otherwise result in inequality, as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (2012 General Survey on the fundamental Conventions, paragraph 885). The Government indicates that the prohibition of sexual harassment under the Protection Against Discrimination Act is ensured through the possibility to initiate legal proceedings by both civil and administrative procedure as well as to make complaints to the Commission for Protection against Discrimination (CPD). The Committee notes that the total number of initiated cases for sexual harassment between 2012 and 2014 was nine, and that in two of the cases a decision was enforced. The Committee notes the summaries provided of the two cases handled by the CPD. The Committee notes that in one of the cases in which the CPD established that sexual harassment had taken place, the Commission fined both the respondent responsible for causing sexual harassment as well as the company employer who failed to take measures to fulfil its obligations under section 17 of the Protection Against Discrimination Act. It also notes the CITUB’s suggestion that the Government should be requested to indicate how many companies in the country have developed – in cooperation with workers’ organizations – measures to prevent any form of discrimination in the workplace, including sexual harassment. While noting that there is a system in place for victims of sexual harassment to seek redress, the Committee encourages the Government to investigate the reasons for the low number of complaints and emphasizes that a low number of complaints can be an indication of a lack of awareness of rights, a lack of confidence in available legal remedies, difficulties in accessing them in practice or a lack of understanding and recognition of this form of sex discrimination among workers, government officials and workers’ and employers’ organizations. The Committee also reiterates its request to the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures and awareness raising, in collaboration with the workers’ organizations concerned.

Equality of opportunity and treatment irrespective of race, colour, national extraction or religion. Roma people (and other ethnic, religious and linguistic minority groups). The Committee recalls that the National Strategy for Roma Integration for the period 2012–20 was adopted in March 2012, and promotes equality of opportunity and treatment of the Roma people in access to education and employment. The Committee notes the information provided by the Government on the activities to promote access to vocational training and employment of the Roma people, and that in 2012, 21,663 persons of Roma origin were involved in training and employment activities. The Committee notes in particular that under the national programme “From Social Assistance to Employment”, employment was provided to 3,529 persons of Roma origin, and that the programme “Activation of non-active persons” of the National Employment Agency has continued to engage Roma people in employment in the labour offices as Roma mediators to activate and involve inactive and discouraged persons in the labour market. At the end of 2014, 57 mediators worked in 52 labour office directorates. As a result of the operation of the programme, at the end of 2014, 10,923 inactive and discouraged persons registered in labour offices, 2,500 of which were provided with employment or training. The Government further indicates that specialized job fairs for unemployed Roma persons resulted in 3,680 persons finding employment between 2006 and 2013, and that social and civil dialogue has taken place with Roma non-governmental organizations. The Committee notes that in 2013 there were 104 meetings between the labour offices’ directorates and Roma non-government organizations. The Committee also notes the Government’s indication that the National Employment Agency has also been tasked to promote equal access to employment for persons from other ethnic, religious and linguistic groups including trainings for the improvement of professional skills, as well as the appointment of job mediators to cater for the specific needs of vulnerable groups on the labour market.

In regard to education, the Committee notes from the Government’s report the various measures aimed at promoting equality of access to education of ethnic, religious or linguistic minorities. It notes, in particular, that the National Strategy for Roma Integration aims at enrolling and retaining in the educational system all Roma children and students, ensuring for them high quality education in a multicultural environment. In this connection, the Government indicates that the first plan in implementing the Strategy for Reducing Early School Leaving (2013–20) focuses on, among others, implementing policies for overcoming the separation as per the ethnicity of children and students and increasing the scope for additional education in the Bulgarian language. The Government also indicates that various awareness-raising activities have taken place in kindergartens and schools to combat negative stereotypes and build positive attitudes towards the educational integration of Roma children. The Committee asks the Government to continue to take concrete measures to foster equal opportunities for Roma people with respect to access to employment and education, and to continue and intensify its efforts to assess and monitor the progress made in this respect. The Committee requests the Government to provide information on measures taken under the National Strategy for Roma Integration and the results thereof, including information on specific steps taken towards overcoming the ethnic separation of children in education and increasing the provision of Bulgarian language education. It requests the Government to continue providing information on measures taken to promote equal access to employment and occupation of persons from other ethnic, religious and linguistic minority groups.

Article 5. Special measures. The Committee notes that the Government’s report does not contain any information with regard to the application in practice of section 24 of the Protection Against Discrimination Act, according to which employers must encourage persons belonging to under-represented sex or ethnic groups to apply for certain jobs or positions, or for vocational training. The Committee once again asks the Government to provide information on the manner in which section 24 of the Protection Against Discrimination Act is monitored and enforced. The Committee also asks the Government to provide details on any measures taken or envisaged based on the outcome of the equal opportunities study.

Enforcement. The Government reports that between 2012 and 2014, the CPD has implemented projects on discrimination in employment and occupation, including specialized workshops organized for individual categories of workers on the principle of equal treatment and non-discrimination. The Committee notes that the CPD is currently preparing and implementing new initiatives aimed at raising awareness and preventing discrimination in the workplace and that the total number of cases brought to the CPD was 53 for the period 2012–14. The Committee asks the Government to continue to provide information on the measures taken to raise awareness on the right to non-discrimination and equality, including the activities of the CPD. The Committee also asks the Government to continue providing information on the number, nature and outcome of cases dealt with by the CPD and the Courts. The Committee emphasizes that information on cases should include the nature of cases, meaning the grounds invoked and the area of employment concerned.