Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

1. Discrimination on the grounds of race, colour and national extraction. Further to its previous direct request for information on the employment situation of German citizens belonging to ethnic minority groups, such as the Danish, Sorab, Sinti and Rom minorities, the Committee notes the information provided by the Government in response to a question posed by the United Nations Committee on Economic, Social and Cultural Rights concerning Germany's ethnic minorities (the text of the reply was supplied as an annex to the Government's report). The Government indicates that, while it is not aware of any cases of discrimination against members of the Danish, Sorab and Frisian minorities, the Central Council of Sinti and Rom has complained of the media's expression of prejudice against this group in some cases, particularly in the context of reporting crimes. The Committee notes the legislative measures adopted by the L nder authorities to combat this problem. It also notes from the 1998 report of the European Commission Against Racism and Intolerance (CRI (98)21) that the Federal Ministry of Labour and Social Affairs promotes programmes specifically aimed at women from minority groups, including non-citizens, introducing them to the German language and encouraging their participation in vocational training. According to the CRI report, measures have been put in place, coordinated by the Coordination Panel on Foreign Employees of the Federal Ministry of Labour and Social Affairs, to improve the employment prospects of young people from minority groups, including positive measures to improve their educational and vocational training opportunities. The Committee asks the Government to continue to provide information on measures taken or envisaged to eliminate discrimination against Germany's ethnic minorities, particularly the Sinti and Roma minority groups, and ensure their equal access to employment, vocational training and terms and conditions of employment in accordance with Article 1, paragraph 3, of the Convention. It also requests the Government to indicate which groups are designated as ethnic minorities in the country and to supply statistical data on the situation of these groups in the German labour market.

2. Discrimination on the ground of sex. The Committee once again requests the Government to supply a copy of the document tabled in Parliament on the impact of the Second Equality Act for the period 1996-98.

3. The Committee notes from the statistical data supplied by the Government that, in 1996, 93 per cent of part-time employees directly employed by the Federal Public Service were women. At the highest levels of other enterprises covered by the Federal Public Service Act, women made up 96 per cent of part-time employees. The Committee would be grateful if the Government would provide information on any measures taken to ensure that the transfer from full-time to part-time work is voluntary, as well as to ensure that part-time workers receive terms and conditions of employment, including occupational protections and benefits, equivalent to full-time workers, which may be determined in proportion to their hours of work.

4. The Committee notes the numerous initiatives undertaken by the Government to provide vocational training for jobseekers. It notes with interest that the "Emergency Programme for the Reduction of Youth Unemployment -- Training, Qualifications and Employment for Young People" adopted on 25 November 1998 contains special provisions for young women, including projects at the local and regional levels which promote the training of girls and women in jobs and occupations where they are under-represented. The Committee notes from the report that, under the programme, employment offices are charged with granting labour-cost contributions to facilitate the placement of young women in non-traditional sectors. The Committee requests the Government to supply information on the percentage of girls and women participating in such training courses, indicating the types of courses offered, and the distribution of men and women in the different courses. It notes with interest the Government's statement that, in 1997, there were 241,800 persons in training in the public sector, and that approximately three out of five training positions in public employment were filled by women. It also notes from the report that the percentage of women participating in public employment in the new L nder (64 per cent) is higher than in the old states (60 per cent). The report indicates that the current difficulties experienced by Germany in respect of the labour market have made the transition from training to employment more difficult. Data from the Industry Panel of the Interministerial Training Bureau (IAB) indicates that 58 per cent of those who successfully completed training in the western part of Germany in 1998 obtained employment. This figure represents a 5 per cent increase over 1996. In contrast, the new L nder saw a reduction in placement, from 52 per cent to 46 per cent. The report also reflects that women seeking vocational counselling outnumbered men in both the new (294,359 women compared with 280,631 men) and old L nder (804,179 women compared with 789,460 men). The Committee would be grateful if the Government would supply information in its next report on the percentages of women and men who were placed in employment following completion of vocational training.

5. The Committee notes from the report that the Government is planning a "Women and Work" action programme aimed at achieving equal representation of women in employment and society. The Committee would appreciate receiving information in the next report on the status of the programme mentioned.

6. Discrimination on the ground of religion. The Committee asks the Government to indicate whether any measures have been taken or are envisaged to ensure that individuals belonging to religious groups do not face discrimination in employment or occupation on the ground of their membership in that particular religious group. It would also be grateful if the Government would supply any judicial decisions at the federal and L nder levels on cases alleging religious discrimination in employment or in the ability to engage in economic activity.