Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Chipre (Ratificación : 1968)

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Observación

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Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. With regard to its previous comments in relation to the ground of “social origin”, the Committee takes note of the very general information provided in the Government’s report regarding the jurisdiction and competencies of the Commissioner for Administration and the Protection of Human Rights (Ombudsman) as an Equality Body. However, it notes with regret that the Government still provides no indication on the steps taken to explicitly prohibit direct and indirect discrimination based on social origin in the equality legislation, nor does it explain how it ensures protection against this kind of discrimination in practice. The Committee recalls, once again, that the definition of discrimination in employment and occupation includes all forms of direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including social origin, and that in order to eliminate effectively all forms of discrimination, it is necessary to address discrimination on all grounds (see General Survey on the fundamental Conventions, 2012, paragraphs 850–55). The Committee therefore reiterates, once again, its request to the Government to take without delay all the necessary measures to ensure that the legislation explicitly prohibits direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including social origin. It also once again asks the Government to provide information on the steps taken to ensure protection against direct and indirect discrimination based on social origin in practice, and to provide a copy of any relevant administrative or judicial decisions in that respect.

Discrimination based on sex. Sexual harassment. The Committee takes note of the Government’s indication that, in March 2021, the Ombudsman’s Office launched an awareness-raising campaign regarding prevention and elimination of harassment and sexual harassment in the workplace, called “Break the Silence”. It also notes that, according to the Government, during 2020–21 a number of online seminars and workshops were organised by the Ombudsman’s Office and the Cyprus Academy of Public Administration regarding sexual harassment in the public sector, and that an amendment of the public administration legislation is currently being prepared to explicitly include sexual harassment in the disciplinary offences related to indecency or immorality. The Government adds that, in December 2020, the Ombudsman’s Office and the University of Central Lancashire in Cyprus (UCLan Cyprus) published a report on the status of migrant domestic workers, following which dozens of citizens contacted the Ombudsman’s Office to seek guidance on how to submit a complaint regarding sexual harassment (at work and outside the workplace). The Committee observes, however, that, according to the statistical information provided by the Government, the number of complaints alleging sexual harassment in the workplace is still particularly low, with only 24 complaints filed between 2018 and 2020, mainly from domestic workers, 23 of which were withdrawn, unfounded or considered as lacking supporting evidence. It further notes that, according to the above-mentioned report on the status of foreign domestic workers, “the research findings suggest that [they] are generally unwilling to complain about situations which they consider unfair or illegal, even in cases where physical or sexual violence has been used against them, due to their mistrust of Cypriot authorities and concerns that any interaction with them will damage their legal or employment status in the Republic”. Recalling once again the seriousness and gravity of sexual harassment, the Committee asks the Government to continue to provide information on: (i) the measures taken to prevent and address sexual harassment in the workplace, both in the private and public sectors, including through awareness-raising activities and legislative reforms (in this regard, please provide information on the status of the amendment of the public administration legislation on the definition of the disciplinary offences of indecency and immorality); (ii) the number of complaints concerning sexual harassment, especially from domestic workers, dealt with by the competent authorities, specifying the penalties imposed and the compensation awarded; and (iii) the procedures and mechanisms available for victims of sexual harassment, including foreign domestic workers, to seek redress.

Sexual orientation. The Committee notes the Government’s statement that no complaints alleging discrimination based on sexual orientation have been submitted in application of section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(I)/2004, which prohibits direct and indirect discrimination on the ground of sexual orientation in employment and occupation. It observes, however, that, according to a survey entitled “A long way to go for LGBTI equality”, published in 2020 by the European Union Agency for Fundamental Rights (FRA), LGBTI persons in Cyprus still face difficulties and discrimination in various fields of life, including employment, with 30 per cent of the respondents stating that they feel discriminated against in the workplace. In this regard, the Committee wishes to remind the Government that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee once again asks the Government to: (i) provide information on the specific measures taken or envisaged to raise awareness and combat stereotypes and prejudices, with a view to eliminating discrimination based on sexual orientation in employment and occupation, and their impact on the integration of LGBTI workers in the labour market; and (ii) continue to provide information on the number and nature of cases or complaints regarding discrimination on the basis of sexual orientation dealt with by the Ombudsman’s Office, labour inspectors, or courts, specifying the penalties imposed and the compensation awarded.

Article 1(2). Inherent job requirements. For a number of years, the Committee has been asking the Government to provide information on the revision of the schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training, which excludes from its scope of application certain occupations, such as artistic activities, personal services, or underground mining operations. The Committee notes the Government’s indication that the Department of Labour of the Ministry of Labour and Social Insurance has prepared an draft amendment law, which will be soon submitted to the House of Representatives for approval, deleting the exclusion of “the employment of women in underground mining operations”. However, it observes with regret that the Government still provides no information on the revision of the other exclusions specified in the schedule to section 4(2) of Law No. 205(I)/2002, and merely states that no revision has been undertaken on this matter by the Labour Advisory Board. The Committee recalls, once again, that systematic application of inherent requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible, that careful examination of each individual case is required, and that distinctions must be determined on an objective basis and take account of individual capacities (see General Survey on the fundamental Conventions, 2012, paragraphs 827–31). The Committee therefore asks the Government to: (i) take without delay all the necessary measures to ensure the revision ofthe schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training; and (ii) provide information on the number, nature and outcome of any cases regarding the application of the exclusions enumerated in the schedule to section 4(2) of Law No. 205(I)/2022 dealt with by courts or any other competent authority.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers and national minorities. The Committee notes the Government’s general statement that recognised refugees and members of national minorities such as Turkish Cypriots have free access to the labour market and the services provided by the Public Employment Service. It also notes the Government’s statement that a great number of integration actions, funded by the Asylum, Migration and Integration Fund (AMIF), have been implemented by local authorities and non-governmental organisations (NGOs), including free language lessons for migrant adults and minors, one-stop shops for all migrants and refugees, and structured activities for the residents of the Open Reception and Accommodation Centre in Kofinou. The Government adds that the Pedagogical Institute of the Ministry of Education, Sport and Youth continues to implement the national strategy on the integration of pupils with a migrant background into the Cypriot education system, offering Greek language lessons and support to the pupils and their families. The Committee also notes the information provided by the Government on the various initiatives undertaken by the Ombudsman’s Office during 2021–22 (public statements, reports, own-initiative interventions, and so on), regarding hate speech incidents promoting racism and xenophobia, racial incidents in football matches and sports events in general, as well as racial assaults against migrant workers in the food delivery industry. In this regard, it notes that, in its 2022 country report on non-discrimination, the European network of legal experts in gender equality and non-discrimination of the European Commission expressed concern about the fact that, following the COVID-19 pandemic, “Government officials repeatedly made xenophobic statements framing third country nationals as a risk to ‘our’ culture and security and exaggerated the number of asylum applications”, and that “[r]acial hate speech became common in the mainstream media and was adopted as the main political discourse by most political parties”. The Committee also notes that the Government provides no information on the concrete measures taken to ensure equality of opportunity and treatment in employment and occupation for migrant workers and members of national minorities. It further observes that, according to the statistical data provided by the Government, the Ombudsman’s Office has only received nine complaints in the last five years regarding cases of discrimination based on race, colour or national extraction in employment and occupation. The Committee therefore once again asks the Government to: (i) provide information on the concrete measures taken toeffectively ensure equality of opportunity and treatment in employment and occupation for migrant workers, in particular non-European Union migrant workers, as well as members of national minorities such as Turkish Cypriots, by enhancing their participation in education and vocational training and their access to a wide range of occupations in the labour market, and on the impact of such measures; and (ii) continue to provide statistical information on the number and nature of cases or complaints of discrimination on the grounds of race, colour or national extraction dealt with by the labour inspectors, the Ombudsman, the courts or any other competent authority, the penalties imposed and the remedies granted.

Migrant domestic workers. The Committee notes the Government’s indication that: (1) in 2019, the Ombudsman’s Office issued a report on the legal framework of domestic work, in which a number of improvements were acknowledged, such as the strengthening of the surveillance of private employment agencies involved in the recruitment of domestic workers and the revision of the policy regulating the stay of third-country nationals employed as domestic workers; and (2) the recommendations included in the above-mentioned report on the status of foreign domestic workers are currently under examination. The Committee observes that, according to this last report, migrant domestic workers: (1) work, on average, 58 hours per week, which is significantly longer than the 42 hours per week that they are contractually obligated to work; (2) receive, on average, €337 per month, which is almost three times lower than the current national minimum wage (€940 per month for workers with at least six months of seniority within the company); and (3) often sign employment contracts without being informed or having an understanding of their rights. It further notes from the information available on the Civil Registry and Migration Department website that domestic workers are still not allowed to make more than two changes of employers, unless this is justified by special circumstances (death of employer, transfer of the employer to a nursing home or rehabilitation centre, the new employer is over 75 years of age, and so on). The Committee once again asks the Government to provide information on: (i) the specific measures taken to effectively ensure equality of opportunity and treatment in employment and occupation for migrant domestic workers, especially concerning their terms and conditions of employment; (ii) the concrete steps taken to enhance the access of migrant domestic workers to a wide range of occupations in the labour market, by removing the restrictions related to change of employers and by promoting their participation in education and vocational training; and (iii) the number, nature and outcome of complaints made by migrant domestic workers concerning discrimination in employment and occupation, as well as the sanctions imposed and the remedies granted.

Roma. The Committee takes note of the Government’s indication that, on 13 December 2021, the Council of Ministers approved the Cyprus National Roma Strategic Framework 2021–30. The Government adds that this Strategic Framework – which will be updated every five years to accommodate any new issues that will emerge – refers to the social priorities of the Republic of Cyprus for the period 2021-2030, outlining the relevant public sector programmes and setting the national goals and measures for enhancing equality, inclusion and participation of Roma. The Committee observes, however, that although the Strategic Framework acknowledges that “improving [the] employment situation of [Cypriot] Roma is one of the main pillars towards ensuring their socio-economic inclusion”, it does not contain measures specifically targeting the Roma population. In this regard, it notes that, in its 2022 report on Cyprus, the European Commission against Racism and Intolerance (ECRI) also observed that “the general government policy for the promotion of social inclusion of Roma is not specific to Roma” and that “there is neither an action plan linked to the Strategic Framework, nor a separate budget earmarked for financing policy measures specifically targeting Roma”. Likewise, in its 2022 country report on non-discrimination, the European network of legal experts in gender equality and non-discrimination of the European Commission pointed out that “the general approach of the Government policy is to promote Roma integration through horizontal measures targeting vulnerable groups in general” and doubted “whether any of these measures have any actual impact on the Roma, who continue to live in extreme poverty and exclusion”. The Committee asks the Government to: (i) provide detailed information on the specific measures taken or envisaged, in application of the Cyprus National Roma Strategic Framework 2021–30, in order to enhance equal the access of Roma people to education, training and employment, as well as to ensure that acts of discrimination against Roma people are effectively prevented and addressed, and provide information on the impact of such measures; and (ii) provide statistical data, disaggregated by sex, on the labour market situation of Roma people.

Articles 2 and 3. Equality of opportunity and treatment between women and men. Reconciliation of work and family responsibilities. The Committee notes with interest the adoption of Law No. 216(I)/2022 of 16 December 2022 on Leaves (Paternity, Parental, Carer, Force Majeure) and Flexible Working Arrangements for Work-life Balance, which transposes into Cypriot law the European Union (EU) Directive 2019/1158 of 20 June 2019 on Work-Life Balance for Parents and Carers. The law provides, among others, that: (1) paternity leave of two consecutive weeks is now granted to all working fathers, regardless of their marital status with the mother; (2) starting from 2 August 2024, each working parent will be entitled to receive an allowance during the first eight weeks of his/her parental leave, provided that the parent has completed 12 months of work during the last 24 months; and (3) individuals providing personal care and support to relatives or household members are now entitled to carer’s leave for five working days per year, without pay. The Committee further notes the Government’s statement that it promotes affordable, accessible and quality childcare services, mainly through: (1) the creation, within the framework of the national Recovery and Resilience Plan 2021-2026, of 27 multifunctional centres for children and childcare centres; and (2) the granting of state aid to NGOs and local authorities developing programmes covering childcare needs. While welcoming these developments, the Committee observes from a report entitled “Gender Inequalities in Care and Consequences for the Labour Market”, issued in 2021 by the European Institute for Gender Equality (EIGE), that the gender gap in unpaid care work (including childcare, long-term care and housework) remains one of the highest in the European Union, as employed women spend on average 4.8 hours per day on unpaid care work, while men spend on average 2.5 hours per day. Furthermore, according to the statistical information provided by the Government, although the number of approved applications for the paternity allowance has increased in recent years (2,740 applications in 2021 compared to 1,912 applications in 2017), it remains significantly lower than the number of approved applications for maternity allowance (7,125 in 2021). The Committee asks the Government to provide information on: (i) the application of Law No. 216(I)/2022 of 16 December 2022 in practice, including information of the impact of this law on the reconciliation between work and family life, as well as the prevention and elimination of discrimination against mothers and female carers; (ii) the measures taken to improve childcare services and facilities, with a view to enabling both women and men to reconcile work and family life; and (iii) the awareness-raising activities taken or envisaged, including among workers, employers, and their respective organisations, to address stereotypical assumptions that the main responsibility for care work lies with women. Please communicate up-to-date statistical data, disaggregated by sex, on the number of workers with family responsibilities who have taken maternity or paternity leave, as well as parental leave.

Enforcement. The Committee notes from the statistical information provided by the Government that, between 2018 and 2022, the Ombudsman received 77 complaints related to discrimination in employment and occupation, out of which 50 were based on sex, nine on race and ethnical origin, six on religion and beliefs, six on disability, five on age, and one on language. It also takes note of the various initiatives undertaken by the Ombudsman’s Office to raise awareness of the issue of discrimination, mainly through annual reports, information campaigns, meetings with complainants belonging to vulnerable groups and their representatives, as well as own-initiative investigations of cases of discrimination and human rights violations. However, the Committee observes that, in its above-mentioned report on Cyprus, the ECRI pointed out that the Ombudsman has no right to initiate and participate in court proceedings, and recommended that the institution “be granted the right to initiate and participate ex officio in court proceedings in line with paragraph 14c of ECRI’s General Policy Recommendation No. 2 on equality bodies to combat racism and intolerance at national level”. More generally, the Committee observes that, according to the 2022 country report on non-discrimination, issued by the European network of legal experts in gender equality and non-discrimination of the European Commission, the Ombudsman’s activities as an Equality Body have been minimised since 2017 and “discrimination complaints are often treated as administrative law matters without addressing the issue of discrimination”. The same report also states that “there is no labour inspectorate to monitor the working conditions of employees in order to identify discrimination on grounds other than gender” and that discrimination cases very rarely make it to the courts, due to “low level of awareness of the anti-discrimination laws among victims and in legal circles; the high cost of litigation and limited access to legal aid; and significant court delays, which render access to justice prohibitive for victims in need of a quick and effective remedy”. The Committee therefore asks the Government to provide information on: (i) the number of cases of discrimination in employment and occupation dealt with by the Ombudsman’s Office, specifying the alleged ground of discrimination (please communicate copies of the decisions issued by the Ombudsman as an Equality Body); (ii) the measures taken or envisaged, to grant the Ombudsman the right to initiate and participate in court proceedings; (iii) the role and competencies of the labour inspectorate in detecting cases of discrimination in employment and occupation based on all grounds covered by the Convention; (iv) the concrete measures taken to inform and raise awareness of the principles of non-discrimination and equality in employment and occupation, particularly among employers, workers and their respective organisations, and the general public; and (v) any capacity-building and training activities provided to workers and employers, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.