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Legislative developments. The Committee notes the Government’s indication that substantial amendments to the Labour Law 2001 were adopted in March 2010. The Committee notes that the definitions of direct and indirect discrimination have been amended, so that “any less favourable treatment due to the granting of prenatal or maternity leave, or leave to the father of the child” is deemed to be direct discrimination, and the reference to “comparable situations” has been deleted from the definition of indirect discrimination. The Committee also notes the Government’s indication that the time limits for bringing an action have been extended. The Committee notes that amendments were also made in March 2010 to the Support for Unemployed Persons and Persons Seeking Employment Law, which now includes a provision prohibiting differential treatment on the grounds of gender, race and ethnic origin when implementing active employment measures and preventive measures for the reduction of unemployment (section 2). The Committee further notes from the Government’s report the following legislative developments relevant to the Convention: the adoption on 25 February 2010 of the Law on the Prohibition of Discrimination of Natural Persons – Performers of Economic Activity – pursuant to which differential treatment is prohibited in access to economic activity on the grounds of gender, race and ethnic origin; and the amendment of the Education Law (4 March 2010) providing for the right to acquire education regardless of financial and social status, race, nationality, ethnic origin, gender, religious and political convictions, state of health, occupation and place of residence. The Committee asks the Government to forward copies of the range of legislative texts to which it refers in its report, and to provide information on their application in practice with respect to equality and non-discrimination in education, training, employment and occupation, including with regard to the application of the various exceptions permitted. Please also provide information on the measures taken to address discrimination based on the grounds set forth in section 7 of the Labour Law, including sexual orientation in employment and occupation.
Equality of opportunity and treatment of women and men. The Committee notes the statistical data provided by the Government indicating the high level of women’s participation in employment promotion activities organized by the State Employment Agency (SEA), particularly in vocational training, retraining and raising of qualifications, on-the-job training, measures to start commercial activities or self-employment, and professional training of persons subject to unemployment risk. With regard to occupational segregation, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and also notes from the statistical information provided by the Government that women continue to be concentrated in education, health and social care, and trade, lodgement and food services. The Committee notes further from the Government’s report on Convention No. 100 that the Gender Equality Council was replaced in May 2010 by the Gender Equality Committee, and is mandated to promote the implementation, monitoring and improvement of the gender equality policy. The Gender Equality Committee is composed of representatives of the State, the social partners and non-governmental organizations. Regarding the Committee’s previous request with respect to the prohibition to inquire about a woman’s pregnancy status in the course of a job interview, the Committee notes the Government’s indication that there have been no administrative or judicial decisions on this matter. The Committee again asks the Government to provide information on any judicial or administrative decisions concerning the prohibition to inquire into a women’s pregnancy status in the context of a job interview, and to consider taking measures to raise awareness of this prohibition and the relevant avenues for redress. The Committee also asks the Government to provide information on the following:
(i) any measures taken, and their impact, to address gender segregation in the labour market;
(ii) details of the gender equality policy which the Gender Equality Committee is mandated to implement, and the specific initiatives of the Gender Equality Committee in this regard;
(iii) the involvement of women in the various employment promotion activities of the SEA and to what extent such training and capacity building has resulted in women obtaining employment;
(iv) statistics on the level of employment and the distribution of men and women in the different economic sectors, occupational categories and positions.
Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. The Committee notes the initiatives taken under the national programme “Gypsies (Roma) in Latvia” 2007–09. It particularly notes the training of Roma as teachers’ assistants to improve their employment level, and to ensure a better understanding of the issues relating to education and social inclusion of Roma children. Regarding minority groups other than the Roma, the Committee notes the activities implemented in the context of the “National Programme for the Promotion of Tolerance 2005–09”, the “Integration of New Members of the Society” project, and the establishment of the National Integration Centre, which provides training seminars and courses aimed at improving qualifications. The Committee asks the Government to provide information on the impact of the measures undertaken to promote equality of opportunity and treatment in education, training, employment and occupation for minority groups, including the Roma. Please continue to provide information on any other programmes or measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in respect of minority groups.
Enforcement. The Committee notes that a new State Labour Inspectorate Law was adopted on 19 June 2008, which has the objective of expanding the areas of supervision and control of the State Labour Inspectorate (SLI). The Committee notes the Government’s indication that the SLI continues to supervise and control the observance of the provisions included in sections 7 and 29 of the Labour Law. The Committee notes that a number of complaints of discrimination in employment were addressed by the Office of the Ombudsperson, and only a few cases were addressed by the SLI between 2008 and 2010; no training has been provided to labour inspectors on equality and non-discrimination in employment and occupation. The Committee asks the Government to take measures to improve the capacity of labour inspectors to detect and address discrimination in employment and occupation, and to provide information on the measures taken in this regard. The Committee asks the Government to continue to provide information on the number, nature and outcome of discrimination complaints addressed by the judicial and administrative bodies.
Discrimination on the basis of national extraction. For a number of years the Committee has expressed concern over certain provisions of the State Language Act, 1999, which might have a discriminatory effect on the employment or work of minority groups, including the large Russian-speaking minority in the country. The Committee notes from the Government’s report that the two state agencies dealing with language were merged to form the new Latvian Language Agency (LLA) which has as its main objective to promote the strengthening of the status and sustainable development of the Latvian language. The Government indicates that the official language policy defined in the Guidelines for Official Language Policy for the Time Period 2005–14 and the Official Language Policy Programme for the Time Period 2006–10 are implemented by the LLA. The Committee notes the conclusions of the LLA study entitled “Impact of migration on the language environment in Latvia” (2009) indicating the difficulties faced by immigrants, in particular in integrating in the labour market. The Committee furthermore notes from the information provided by the Government concerning the application of the State Language Act that the provision regarding failure to use the official language to the extent required for the performance of duties is the most predominant issue related to that Law before the courts. While noting the participation of minority groups including Russian-speaking minority groups in language training courses conducted by the State Employment Agency, the Committee asks the Government to provide more detailed information on the situation of minority groups in the labour market, including statistical data on the proportion of those attending such courses that have subsequently obtained employment. The Committee also asks the Government to continue to provide information on activities undertaken by the LLA, and the results achieved to improve access to employment and occupation for all ethnic and linguistic minority groups. Please also continue to provide information on the percentage of men and women belonging to minority groups that have participated in the language training courses, as well as information on relevant administrative and judicial decisions concerning the application of the State Language Act.
Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding the provisions of the State Civil Service Act, 2000, which sets out as mandatory requirements in order to qualify as a candidate for any civil service position that the person concerned “is not or has not been in a permanent staff position in the state security service, intelligence or counter-intelligence service of the USSR, the Latvian Soviet Socialist Republic (SSR) or some foreign State” (section 7(8)), or “who are not or have not been the members of organizations banned by laws or court rulings” (section 7(9)). The Committee notes the Government’s indication that the Supreme Court has not dealt with these provisions, but that it has upheld similar provisions, in particular section 5(3) of the Law on Corruption Prevention and Combating Bureau of 2002. The Committee, however, considers that such broad exclusions from being a candidate for any civil service position are not sufficiently well defined and delimited, and could result in discrimination in employment and occupation based on political opinion. The Committee asks the Government to revise section 7 of the State Civil Service Act to ensure that any requirements for positions in the public service are based on the inherent requirements of the particular job, as strictly defined. The Committee once again asks the Government to provide a list of the prohibited organizations under section 7(9) of the State Civil Service Act.
The Committee is raising other points in a request addressed directly to the Government.
Article 1(1)(b). Legislative developments. The Committee notes with interest that section 7 of the Labour Law was amended on 21 September 2006 so as to explicitly prohibit discrimination on the basis of sexual orientation. The Committee requests the Government to continue to provide information on the measures taken to address discrimination based on sexual orientation in employment and occupation.
Equality of opportunity and tretament between men and women. The Committee notes that the Labour Law, as amended in September 2006, prohibits any inquiries about women’s pregnant status in job interviews. The Committee also notes that awareness-raising campaigns on gender equality were carried out throughout 2006 and a research project on ‘The aspects of gender equality in the labour market’ was also realized. The Committee notes that according to the project’s conclusions there is a relationship between the gender of workers and the choice of certain professions and types of employment which eventually results in disparities between men and women as to their working conditions, including remuneration. The Committee notes from EUROSTAT that in 2007, women’s employment rate was approximately 62.4 per cent compared to 72.5 per cent of men. The Committee also notes from the Government’s report that women are mainly concentrated in education and healthcare, whereas men dominate in the construction, transport and agricultural sectors. The Committee requests the Government to provide information on any judicial or administrative decisions concerning the breach of the prohibition of inquiries into women’s pregnant status in the context of job interviews. The Committee also requests the Government to provide detailed information on the measures taken or envisaged to promote women’s employment, including information on any measures taken to provide women with a broader range of employment opportunities with a view to addressing the occupational sex segregation existing in the labour market, and the impact of such measures. The Committee further requests the Government to continue to provide statistical information on the levels of employment and the distribution of men and women in the different economic sectors, occupational categories and positions.
Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. The Committee notes from the concluding observations of the UN Committee on Economic, Social and Cultural Rights, that a National Programme on the Roma was adopted for the years 2007–09 (E/C.12/LVA/CO/1, 7 January 2008, paragraph 31). The Committee requests the Government to provide information on any measures taken under the National Programme on Roma to promote the principle of the Convention and their impact. Please also provide information on any other programmes or measures taken to promote equality of opportunity and treatment in employment and occupation in respect of minority groups other than the Roma.
Employment services and vocational guidance. The Committee notes that pursuant to Order No. 436 of the Cabinet of Ministers (17 July 2007) the Professional Career Guidance Centre has been dismantled and its functions will be performed by the National Employment Service. The Committee also notes the Government’s general description of the mandate of this body regarding the promotion of employment. The Committee requests the Government to indicate any activities conducted by the National Employment Service relevant to the application of the Convention, including information on any initiatives specifically targeting women workers or persons belonging to minority groups with a view to promoting equality of opportunities with respect to vocational training, occupational guidance and access to employment.
Enforcement. The Committee notes that the functions of the former National Human Rights Office have been taken over by the Office of the Ombudsperson, established under the law on the Ombudsperson which entered into force on 1 January 2007. Further to its request for information on the practical application of sections 7 and 29 of the Labour Law, the Committee notes the decisions delivered by national courts in relation to cases of discrimination based on sex or race in employment. The Committee also notes that under section 22(6) of the Act on State Civil Service, labour inspectors are provided with training on equality issues and, in 2005, they participated in a series of seminars on gender equality that were organized by the Latvian School of Public Administration. The Committee requests the Government to provide information on any complaints concerning discrimination in employment and occupation received by the ombudspersons and the outcome thereof. The Committee also requests the Government to continue to supply information on relevant judicial decisions and violations detected by the labour inspection services and the remedies provided or the sanction imposed. The Committee further encourages the Government to continue to supply labour inspectors with the necessary training on the issues covered by the Convention and to provide information on the measures taken in this regard.
Discrimination on the basis of national extraction. The Committee recalls its previous observation on the discriminatory effects that might follow from the application of the State Language Act of 1999 and its implementing regulations on the employment and occupation of minority groups, including the Russian-speaking minority. The Committee notes the Government’s statement that the requirement for skills in the state official language responds to legitimate interests of the State and that training in the Latvian language is provided to persons whose mother tongue is not Latvian under Regulation No. 774/2004 of the Cabinet of Ministers establishing the National Agency for the Latvian Language Training (NALLT). The Committee also notes the Government’s indication that section 3(4) of the Act on the unemployed and the persons seeking employment recognizes that the promotion of public knowledge of the state official language represents one of the means of reducing unemployment. The Committee requests the Government to provide full information on the activities of the NALLT, including information on the percentage of men and women belonging to minority groups that have participated in the language training courses. The Committee also requests the Government to supply information on the situation of minority groups in the labour market, and on any measures taken to assess the impact of the State Language Act and its implementing regulations on the employment opportunities of minority groups. Please also provide information on any relevant administrative and judicial decisions concerning the application of the State Language Act and the remedies provided or sanctions imposed.
Discrimination on the basis of political opinion. Further to its previous observation concerning the application of some provisions of the Police Act of 1999 and the State Civil Service Act of 2000 which may result in discrimination on the ground of political opinion in respect of access to employment, the Committee notes from the Government’s report that section 28 of the Police Act was repealed on 15 June 2006. As regards the restrictions on the access to public employment contained in the State Civil Service Act, the Committee notes the Government’s indication that it is not in a position to supply information on the number of applicants who have been refused employment under the State Civil Service Act since, pursuant to section 9 of the Act on State Administration, the fulfilment of the criteria required in relation to a vacancy in the public service is evaluated autonomously by each public institution. Recalling the obligation of the Government to ensure the application of the principle of non-discrimination in respect of employment under the control of a national authority, the Committee requests the Government to monitor the application of the State Civil Service Act with a view to ensuring that applicants for jobs in the public service do not suffer from discrimination on the ground of political opinion, and it requests the Government to supply detailed information on the measures taken in this regard. The Committee also reiterates its request for information on any judicial or administrative decisions handed down in relation to the application of the Act, in particular as regards appeals against exclusion or dismissal from the public service on the ground of political opinion.
Regarding section 8(9) of the State Civil Service Act which makes access to employment in the public service conditional upon the requirement that the applicant is not or has not been a participant in organizations prohibited by law or judicial decisions, the Committee notes that the Government does not provide the information solicited. The Committee therefore again requests the Government to supply information on the application of this provision, the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.
1. Legislative developments. The Committee notes the Government’s indication that the Labour Law was amended in 2004 to strengthen sections 7 and 29 concerning discrimination. It reiterates its request to the Government to provide information on the practical application and enforcement of these provisions, including through relevant administrative and judicial bodies. In this regard, please indicate whether any training is provided to labour inspectors concerning equality and non-discrimination.
2. Employment services and vocational guidance. The Committee recalls that under Article 3(e) of the Convention, Latvia undertook to ensure the promotion of equality of opportunity and treatment in the activities of vocational guidance and placement services. The Committee, therefore, once again requests the Government to provide information on any measures taken by the National Employment Service and the Professional Career Guidance Centre to ensure and promote equality of men and women, as well as members of ethnic minorities, with regard to vocational training, occupational guidance and placement services offered.
3. Gender equality. The Committee notes the information contained in the Government’s report concerning a number of initiatives and projects aimed at promoting gender equality in society and the labour market. It asks the Government to continue to provide such information and to indicate the results achieved by such action, particularly in addressing gender-based occupational segregation (horizontal and vertical), by providing detailed statistical data on the position of men and women in the labour market (participation of men and women in employment in the different sectors, occupations and their distribution in management and decision-making jobs).
1. Discrimination based on national extraction. The Committee notes that the Government’s report does not contain any information in reply to its previous comments concerning the application of the State Language Law and its implementing regulations with regard to access to employment and occupation, and the need to promote equal employment opportunities for all ethnic and linguistic minority groups. The Committee, therefore, urges the Government to provide in its next report information on the application of the State Language Law and its implementing regulations, including information on any measures taken to assess the impact of these measures on the employment opportunities of ethnic minority groups, and information on any relevant administrative and judicial decisions and sanctions imposed for violations of its provisions. It also reiterates its request to the Government to provide information on the efforts made to promote equal employment opportunities of these groups, including through language training.
2. Discrimination based on political opinion. The Committee notes that once again the Government has failed to provide any information requested by the Committee concerning certain provisions of the national legislation that amount to or may result in discrimination based on political opinion with regard to access to public service employment (section 7(8) of the State Civil Service Act, 2000, and section 28 of the Act on Police, 1999). The Committee, therefore, urges the Government to provide in its next report indications as to the number of persons who have been dismissed or excluded from being candidates for employment in the civil service and the police on the basis of these provisions, as well as any administrative or judicial decisions issued in cases where affected persons have appealed against their exclusion or dismissal.
3. In its previous comments the Committee noted that under section 8(9) of the State Civil Service Act, it is a mandatory requirement to qualify as a candidate for a civil service position that the person concerned is not or has not been a participant in organizations prohibited by law or judicial decision. The Committee urges the Government once again to provide information on the application of this provision, including the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.
The Committee is addressing a request directly to the Government on other matters.
Further to its observation, the Committee requests the Government to provide additional information on the following points.
1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Labour Code of 2002 prohibits harassment, including sexual harassment, as a form of discrimination. Under section 29(7) of the Labour Code it is prohibited to "subject a person to such actions which are unacceptable from the point of view of the persons, which are associated with his or her belonging to a specific gender, including actions of a sexual nature if the purpose of such actions is the infringement of the person’s dignity and the creation of an intimidating, hostile, humiliating, degrading, or offensive environment". The Government is requested to provide information on the implementation of this provision, including training and awareness raising undertaken on the issue of sexual harassment and any relevant judicial or administrative decisions.
2. Equal access to the public service. The Committee notes that one of the mandatory requirements in order to qualify as a candidate for a civil service position under the State Civil Service Act is that the person concerned is not or has not been a participant in organizations prohibited by law or judicial decision (section 8(9)). It requests the Government once again to provide detailed information on the application of this provision, including the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.
3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that a Programme for the Implementation of Gender Equality (2005-06) was due to be adopted by the Cabinet of Ministers in June 2004. Please provide further information on the adoption of the Programme and its implementation with regard to gender equality in employment and occupation. The Committee is particularly interested to receive information on any measures taken or envisaged to make the country’s policy and legislation regarding equality of men and women in employment and occupation better known to the general public.
4. Part III of the report form. The Committee notes that the National Human Rights Office has received 49 written and 197 oral complaints on the right to work, out of which seven written and 18 oral complaints related to discrimination. The Committee requests the Government to continue similar information in the future, as well as information on the nature and content of the complaints concerning discrimination received and the manner in which the cases were resolved. The Committee reiterates its request to provide information on the measures taken or envisaged to protect against actual or perceived retaliation, which may be a reason for the currently low number of complaints.
5. The Committee recalls that it attaches great importance to the proper training of labour inspectors as regards questions related to equality of opportunity and treatment and requests the Government once again to indicate whether such training is being provided or planned. Further, the Government is requested once again to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered.
6. Part IV of the report form. The Committee notes the information provided regarding Supreme Court Case No. 2002-21-01 of 20 May 2003, in which it was held that mandatory retirement at the age of 65 for faculty members in higher education institutions constituted discrimination on the basis of age. Please continue to provide information on any judicial and administrative decision giving effect to the Convention.
1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes with interest that under section 7 of the new Labour Code of 2002 everyone has an equal right to work; to fair, safe and healthy working conditions; as well as to fair remuneration, irrespective of race, skin colour, gender, age, disability, religious, political or other conviction, national or social origin, property or marital status or other circumstances. Section 27 of the Labour Code sets out a prohibition of discriminatory treatment on the same grounds in employment and occupation, providing definitions for direct and indirect discrimination and harassment, including sexual harassment. The Committee also notes with interest the provisions regarding non-discriminatory job advertisements and interviews (sections 32 and 33). In the Committee’s view these new provisions are in accordance with the Convention and should operate to improve its application. It requests the Government to provide information on the measures taken to make these new equality provisions known to the broader public and to provide information on their practical application and enforcement, including through relevant administrative and judicial bodies.
2. Discrimination on the grounds of national extraction. The Committee regrets that the Government has not provided any information in reply to the Committee’s previous observation in which it had expressed concern over certain provisions of the State Language Act, 1999, which might have a discriminatory effect on the employment or work of the large Russian-speaking minority in the country. The Committee particularly recalls that section 2(2) of the Act provides that the use of language in private institutions, organizations and enterprises and the use of language with regard to self-employed persons shall be regulated in cases when their activities concern legitimate public interests. Legitimate public interest is broadly defined by the Act as including public safety, health, morals, health care, protection of consumer rights and labour rights, workplace safety and public administrative supervision. In this context the Committee notes the Regulations Regarding the Extent of Official Language Knowledge Required for the Performance of Professional and Official Duties, and Procedures for Testing Fluency of the Language of 19 June 2001. The Regulations assign levels of Latvian language proficiency to the various occupations and positions in the public sector (Annex I of the Regulations) and to some private sector occupations and positions which involve the exercise of certain public functions (Annex II of the Regulations). The Committee also notes that according to paragraph 5 of the Regulations the level of language proficiency for positions in the private sector other than those listed in Annex II shall be determined by the employers themselves. The Committee considers that these regulations provide guidance for the public sector in accordance with the Convention.
3. The Committee remains concerned, however, that the State Language Act and the implementing regulations may be interpreted and applied, particularly in the private sector, in a manner that would be indirectly discriminatory on the basis of national extraction. It also notes that the United Nations Committee on the Elimination of All Forms of Racial Discrimination raised this issue with the Government in its concluding observations of 21 August 2003 (CERD A/58/18, paragraph 445). The Government is therefore once again requested to provide detailed information on the application of the State Language Act with regard to access to employment and occupation, including administrative and judicial decisions and sanctions imposed for violations of the Act. The Committee also requests the Government to provide information on any measures taken to assess the impact of the Act on Latvia’s ethnic and linguistic minority groups in respect of their employment and occupational opportunities; and on efforts made by the Government to provide Latvian language training to these groups.
4. Discrimination on the grounds of political opinion. The Committee also regrets that the Government’s report contains no information in reply to the Committee’s previous comments regarding one of the mandatory requirements established by the State Civil Service Act 2000 in order to qualify as a candidate for a position in the civil service which is that the person concerned "is not or has not been in a permanent staff position in the state security service, intelligence or counter-intelligence service of the USSR, the Latvian SSR or some foreign State" (section 7(8)). A similar provision is found in the Act on Police of 1999, stating that "the police shall not employ a person who is or has been a permanent or temporary staff employee of the security service (intelligence or counter-intelligence service) of the USSR, Latvian SSR or some foreign State; an agent, a resident or keeper of a safe house (under any form of cover organization)" (section 28, fourth sentence) on the basis of employment in security forces of the former political regime. The Committee considered these exclusions as not sufficiently well defined and delimited to ensure that they do not become discriminatory in employment and occupation based on political opinion. The Committee therefore once again hopes the Government will revise the provisions concerned. The Government is further requested to provide detailed information in its next report on the application of the provisions, including the number of persons and their levels who have been dismissed or excluded from being a candidate for a civil service position based on section 7(8) of the State Civil Service Act and from being employed by the police based on section 28 of the Act on Police. Please also provide information on whether persons affected have appealed against their exclusion or dismissal on the basis of these provisions to the National Human Rights Office or the courts, as well as administrative or judicial decisions in respect of such cases.
The Committee is addressing a request directly to the Government on other points.
1. The Committee notes from the Government’s report that the new Labour Code will enter into force on 1 June 2002 and will include provision shifting the burden of proof in discrimination cases to the employer. The Committee reiterates its request to the Government to supply a copy of the Code.
2. The Committee notes that the National Human Rights Office is established as an independent state institution, promoting the observance of the fundamental human rights and freedoms of individuals and citizens in Latvia in accordance with the Constitution and international human rights treaties, which are binding for Latvia. The Committee also notes the broad mandate of the Office, including responsibilities such as public information, the elaboration and coordination of promotional programmes, inquiries into individual complaints, investigating the human rights situation in the country and carrying out analysis regarding the compliance of national norms with international human rights treaties. The Committee requests the Government to provide information on the specific activities undertaken by the Office with respect to the promotion and implementation of the Convention. The Government is requested to continue to supply the Committee with specific information on activities, projects and programmes undertaken to promote equal education, training and public awareness raising.
3. The Committee notes that the National Human Rights Office has received 38 written complaints concerning labour rights in 2000, out of which five could be resolved by conciliation. The Office also provided consultative services in 325 labour cases in the same year. The Government states that, in many instances, the Office is unable to provide assistance, because the persons concerned fear to lose their jobs. The Committee invites the Government to provide information on the measures taken or envisaged to protect against actual or perceived retaliation and to continue to provide information on the number and nature of employment discrimination complaints brought before the National Human Rights Office or handled by the Prosecutor’s Office during the reporting period and the outcome of any such complaints. The Government is also requested to provide copies of any administrative or judicial decisions issued relevant to the application of the Convention.
4. The Committee notes from the Government’s report that the State Labour Inspectorate has carried out more than 10,000 inspections in 2000, none of which appeared to reveal instances of discrimination. Noting that it attaches great importance to the proper training of labour inspectors as regards questions related to equality of opportunity and treatment, the Committee requests the Government to provide information on such training provided or planned.
5. The Committee notes that one of the mandatory requirements in order to qualify as a candidate for a civil service position under the State Civil Service Act is that the person concerned is not or has not been a participant in organizations prohibited by law or judicial decision (section 8(9)). The Committee requests the Government to provide detailed information on the application of this provision, including the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.
6. The Government indicated that the application of the Latvian policy of non-discrimination in employment is entrusted to, inter alia, the State Employment Service. The Government further indicates that the Professional Career Guidance Centre of the Ministry of Welfare is active in implementing the national policy. The Government is requested to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered.
7. The Committee requests the Government to provide information on the manner in which the social partners are involved in the prevention of discrimination and the promotion of equality in employment and occupation.
The Committee notes the report of the Government and the replies provided to several points raised by the Committee of Experts in its previous comments.
1. Discrimination on the ground of national extraction. In its previous comments the Committee had expressed concern that some of the provisions of the 1999 State Language Act might have a discriminatory effect on the employment or work of the large Russian-speaking minority in the country. It had asked the Government to take into account its comments in the drafting of a new Act. The Committee notes that the State Language Act entered into force on 1 September 2000. It notes that some of the provisions of concern to the Committee had been revised while others had not.
2. The Committee recalls that the establishment of Latvian as the official state language and the regulation of its use do not, per se, contravene the Convention. However, language restrictions that are intended to, or in fact operate to, deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment and occupation without being related to the inherent requirements of a particular job would constitute discrimination on the ground of national extraction under the Convention. The Committee notes that article 114 of the Constitution provides that persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity, and under article 91 human rights shall be realized without discrimination of any kind. Moreover, section 1 of the Labour Code provides equal rights in legal employment relations regardless of sex, race, colour, age, religious, political or other persuasion, national or social origin, or material situation.
3. The Committee notes that section 2(2) of the State Language Act provides that the use of language in private institutions, organizations and enterprises (or companies) and the use of language with regard to self-employed persons shall be regulated in cases when their activities concern legitimate public interests. The Committee notes the additional element added to section 2(2) of the Act, providing that the use of language in private bodies shall be regulated to the extent that the restriction applied to ensure legitimate public interests is balanced with the rights and interests of private institutions, organizations, enterprises (or companies). Legitimate public interest is broadly defined as including public safety, health, morals, health care, protection of consumer rights and labour rights, workplace safety and public administrative supervision. Section 6(3) provides that employees of private institutions, organizations and enterprises (or companies), as well as self-employed persons who, as required by law or other normative acts, perform certain public functions must know and use the state language to the extent necessary for the performance of their functions. Section 8(2) provides that employees of private institutions, organizations, enterprises (or companies), as well as self-employed persons, shall use the state language in record-keeping and documents if their activities relate to legitimate public interests. Section 8(3) states that private institutions, organizations and enterprises (or companies), as well as self-employed persons who perform public functions as required by law or other normative acts shall use the state language in record-keeping and documents which are required for performing their functions.
4. The Committee notes that the new State Language Act retains a very broad definition of public interest. The Committee understands that the Government has enacted several regulations under the State Language Act and it requests the Government to supply in its next report the texts of the regulations, as well as detailed information on the Act’s practical application, including criteria used to determine legitimate public interest, administrative and judicial procedural protections and sanctions imposed for violations of the Act. The Committee is particularly interested in the impact of the Act on Latvia’s ethnic and linguistic minority groups in respect of their employment and occupational opportunities, including the number of persons who may have lost their jobs or income due to the implementation of the Act. The Committee also requests the Government to provide clarification as to the meaning of "the rights and interests of private institutions, organizations and enterprises (companies)" as set out in section 2(2) of the State Language Act.
5. Discrimination on the ground of political opinion. The Committee notes that one of the mandatory requirements established by the 2000 State Civil Service Act in order to qualify as a candidate for a position in the civil service is that the person concerned "is not or has not been in a permanent staff position in the state security service, intelligence or counter-intelligence service of the USSR, the Latvian SSR or some foreign State" (section 7(8)). A similar provision is found in the Act on Police of 1999, stating that "the police shall not employ a person who is or has been a permanent or temporary staff employee of the security service (intelligence or counter-intelligence service) of the USSR, Latvian SSR or some foreign State; an agent, a resident or keeper of safe house (under any form of cover organization)" (section 28, fourth sentence) on the basis of employment in security forces of the former political regime.
6. The Committee recalls that requirements of a political nature can be set for a particular job, but to ensure that they are not contrary to the Convention, they should be limited to the characteristics of a particular post and be in proportion to its labour requirements. The Committee notes that the above established exclusions by the provisions under examination apply broadly to the entire civil service and police rather than to specific jobs, functions or tasks. The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention. The Committee recalls that for measures not to be deemed discriminatory under Article 4, they must be measures affecting an individual on account of activities he or she is justifiably suspected or proven to be engaged in which are prejudicial to the security of the State. Article 4 of the Convention does not exclude from the definition of discrimination measures taken by reason of membership of a particular group or community. The Committee also notes that in cases where persons are deemed to be justifiably suspected of or engaged in activities prejudicial to the security of the State, the individual concerned shall have the right to appeal to a competent body in accordance with national practice.
7. In the light of the above, the Committee considers the exclusions from being a candidate for any civil service position and from being employed by the police are not sufficiently well defined and delimited to ensure that they do not become discrimination in employment and occupation based on political opinion. The Committee hopes the Government will revise the provisions concerned, and, in doing so, will have recourse to the indications provided by the Committee in its General Survey on equality in employment and occupation of 1988, in particular paragraphs 126, and 135 to 137, and of paragraphs 192 to 202 of the Special Survey of 1996. The Government is further requested to provide detailed information in its next report on the application of the provisions, including the number of persons and their levels who have been dismissed or excluded from being a candidate for a civil service position based on section 7(8) of the State Civil Service Act and from being employed by the police based on section 28 of the Act on Police. Please also indicate the procedural protections of appellate review available to affected persons, the criteria used for determining the basis of exclusion or dismissal and any administrative or judicial decisions relevant to the application of these provisions. Please also supply information on whether the conformity of this Act with the Constitution or with the Convention has been challenged before the Constitutional Court.
1. Article 1(1)(a) of the Convention. The Committee notes the information contained in the Government's first report. The Committee notes with interest the Government's statement that, in order to promote the national policy of equal opportunity and treatment in employment and occupation, the Constitution of Latvia was amended on 15 October 1998 to add a chapter on "Fundamental human rights". The chapter contains a general prohibition against discrimination which states that "all human beings in Latvia shall be equal before the law and the courts" and that "human rights shall be realized without discrimination of any kind" (article 91). The Committee further notes with interest that section 1 of the Latvian Labour Code establishes that "physical persons in the Republic of Latvia are ensured of equal rights in legal employment relations regardless of race, colour, sex, age, religious, political or other persuasion, national or social origin, or material situation". Noting that section 1 of the Labour Code prohibits discrimination on the basis of "national or social origin", the Committee requests the Government to indicate the manner in which protection from discrimination on the basis of national origin is currently provided in practice. The Committee notes that section 1 of the Latvian Labour Code prohibits discrimination in employment on the basis of age and material situation, in addition to the seven grounds set forth in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate whether it intends for the grounds of age and material situation to be covered under the Convention pursuant to Article 1(1)(b). Further, the Committee notes from the report that a new Labour Code will be enacted in the near future. The Committee would be grateful if the Government would keep it informed of developments and provide a copy as soon as it is adopted.
2. The Committee notes that, in July 1999, the Government adopted but did not promulgate a State Language Act requiring the use of the Latvian language in employment-related activities that would extend not only to the public service, but also to private enterprise and self-employment. The Act was to be considered for revision in December 1999. Noting that section 4 of the Latvian Constitution of 15 February 1922 establishes Latvian as the official state language, the Committee points out that such a provision does not, per se, contravene the Convention. However, language restrictions that are intended to or in fact operate to deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment and occupation, including access to education and employment, occupational guidance and vocational training, would constitute discrimination on the ground of national extraction. A number of provisions contained in the draft State Language Act contain employment-related restrictions that could be found to place linguistic minorities in Latvia at a disadvantage with regard to their employment activities. These include sections 6(2) and (3) and 8(2) and (3), which require private institutions, organizations and companies, and their employees, and self-employed persons to use the state language, inter alia, where their activities relate to the public interest. The Committee notes that article 114 of the Latvian Constitution provides that "persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity". The Committee expresses the hope that the Government will reconsider the draft State Language Act in light of the analysis set forth above. The Government is asked to indicate the manner in which the relevant constitutional provisions, including articles 91 and 114, are applied to prevent and eliminate discriminatory practices with regard to Latvia's ethnic and linguistic minority groups. Further, the Government is requested to provide a copy of the final version of the State Language Act as soon as it is adopted.
3. With regard to access to employment, section 15 of the Labour Code provides that "no direct or indirect restrictions of rights or direct or indirect granting of preferential treatment due to race, colour, sex, age, religious, political or other persuasion, national or social origin, or material situation shall be permitted in hiring except those restrictions and preferences provided by law and other normative acts". The Committee notes the Government's statement that the exclusions referred to in section 15 are specified by law and apply only to special cases, including to protect the rights of other persons and to ensure the security of the State, public order and peace. It requests the Government to provide information on the manner in which this provision is applied in practice, and to indicate the precise nature of the restrictions and preferences permitted.
4. Article 2. The Government indicates that the application of the Latvian policy of non-discrimination in employment is entrusted to, inter alia, the State Employment Service. The Government further indicates that the Professional Career Guidance Centre of the Ministry of Welfare is active in implementing the national policy. The Government is requested to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered. In addition, the Committee would be grateful if the Government would provide information on the establishment, structure and activities of the National Human Rights Office, including any promotional, informational and advocacy functions carried out by that agency.
5. Article 3. The Committee notes with interest the Government's statement that cooperation between the social partners has developed rapidly in recent years, leading to ongoing social dialogue at the sectoral and national level. In this regard, the Committee requests the Government to provide information on the activities of the National Tripartite Cooperation Council as well as on trade unions that supervise the application of the Convention.
6. The Government's report indicates that public awareness in Latvia regarding discrimination in employment is low, and that this factor, coupled with the lack of court decisions with regard to discrimination are problems hindering the application of the Convention. Article 3(b) of the Convention requires ratifying States to promote educational programmes calculated to secure the acceptance and observance of the national equal opportunity and treatment policy. The Committee recalls the vital importance of action in the area of education and information in order to change historical attitudes and behaviour patterns and secure equality of opportunity and treatment in conformity with the Convention. The Committee would be grateful if the Government would provide information in its next report on the measures taken in this regard.
7. Article 4. The Committee notes that the national legislation prohibits the employment of persons as state civil servants whose activities may threaten the security of the State. The Committee would be grateful if the Government would provide copies of the relevant provisions in its next report as well as information regarding the right of appeal available to persons affected by this restriction.
8. The Government's report states that those seeking redress for violations of their rights may apply to the National Human Rights Office. They may also bring an action before the courts or apply to the Prosecutor's Office. The Committee requests the Government to provide information on the number and type of employment discrimination complaints brought before the National Human Rights Office or handled by the Prosecutor's Office during the reporting period and the outcome of any such complaints. The Committee would be grateful if the Government would continue to keep it informed and if it would provide copies of any administrative or judicial decisions issued relevant to the application of the Convention.
9. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the State Labour Inspectorate, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, the action taken and the outcome.
In examining the Government's report on the application of the Convention, the Committee has noted that a State Language Act was adopted in July 1999, but has not been promulgated. The Committee expresses concern that this Act, if it enters into force, might have a discriminatory effect on the employment or work of the large Russian-speaking minority in the country.
The Committee is addressing a request directly to the Government on this and other questions, and requests the Government to provide detailed information on this point.