Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee has noted the Government's explanation concerning the application of Article 4 of the Convention. It has also noted that, apart from section 40 of the Courts Act - which stipulates that no judge shall be a member of any political party nor participate in politics - there are no restrictions concerning the employment of persons on the basis of their political opinions.

1. The Committee notes that, in a communication dated 15 March 1995, the Union of Autonomous Trade Unions of Croatia (UATUC) alleges certain discrimination arising from an amendment of 21 October 1994 to the Employment Act (Official Gazettes 55/91 and 26/93). The Government was invited to comment on the matter in a letter of 31 March 1995, but as no reply has yet been made, the Committee will deal with this question after it has received the Government's observations.

2. As concerns its request for clarification on the scope of the constitutional protection against discrimination, the Committee notes the Government's explanation that article 14 of the Constitution guarantees protection against discrimination to all persons who are resident lawfully in the country and not only to its nationals. The Committee observes that the first paragraph of article 14 clearly confines the protection against discrimination to citizens. As the second paragraph of article 14 is a general statement that "All shall be equal before the law" without further specification, the Committee requests the Government to clarify how protection against discrimination is also afforded to non-citizens. The Committee has also noted that the constitutional prohibition of discrimination (article 54) is found in legislation dealing with education, vocational training and terms and conditions of employment, including job security. In this regard, the Committee notes the prohibition against unequal treatment in section 2 of the Labour Act, adopted on 17 May 1995. It trusts that the Government will provide information on other legislation relevant to the application of the Convention in future reports.

3. In its previous comments, the Committee noted with interest the national policy on inter-ethnic relations and non-discrimination contained in the Constitutional Law of Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities and in the Charter on the Rights of Serbs and other Nationalities. As the policy does not address employment, please continue to provide information on the practical application of the Convention on the ground of national extraction.

4. Referring to its previous comments, the Committee notes that the scope of activities of the Committee for Human Rights and the Rights of Ethnic and National Communities and Minorities is determined by Regulations of the House of Representatives, in the sense that the Committee participates primarily in the legislative activities of the Parliament as a permanent working body, concerned with all matters of principle regarding the realization of the freedoms, rights and duties of people, established by the Constitution, including the rights of ethnic and national communities and minorities. The Committee also examines proposals and makes suggestions for the improvement of any legislation concerned with human rights put forward by other working bodies of the House of Representatives. As concerns the implementation of these rights, especially in the employment field, the Committee was addressed by a number of persons, of Croatian, Serbian and other nationalities, including resident foreigners; and cooperated with other bodies of the House of Representatives and with other public bodies, especially the Ministry of Labour and Social Welfare concerning the need for corrective measures to ensure the protection of these rights. Please continue to provide information on any activities of this body which are relevant to the application of the Convention.

5. The Committee has noted the information provided by the Government in its report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/CRO/SP.1, 6 December 1994). The Committee requests the Government to indicate whether consideration is being given to the creation of national machinery to protect and expand the rights of women and to encourage their participation in decision-making positions, as recommended by the Committee on the Elimination of Discrimination against Women (paragraph 588 of the Report of the Committee on its 14th Session (Official Records of the UN General Assembly, Fiftieth Session, Supplement No. 38 (A/50/38)). The Committee also requests the Government to provide, in its next report, any reports or studies that might have been prepared on the situation of women for the Fourth World Conference on Women, held in Beijing in September 1995.

6. The Committee notes the information provided by the Government concerning the measures taken in respect of, among others, women workers, young workers and disabled workers (including disabled war veterans), pursuant to Article 5, paragraph 2, of the Convention. Please indicate in future reports if measures are taken to review periodically the protective legislation applying to women, in the light of up-to-date scientific knowledge and technological changes. In this regard, certain of the provisions cited, such as section 40 of the Labour Relations Fundamental Rights Act (which prohibits a woman with a child under 2 years of age from working overtime or at night, except in certain circumstances) appear to be predicated on the basis that mothers, rather than both parents, bear primary responsibility for caring for their young children. Please indicate whether there is any evidence that, in practice, such prohibitions have detrimental effects on the employment and promotion opportunities of women.

7. The Committee hopes that the Government will be able to indicate, in its future reports, the active measures it has taken to obtain the cooperation of employers' and workers' organizations and other appropriate bodies to promote the acceptance and observance of the national policy on equality of opportunity and treatment in employment and occupation, in accordance with Article 3(a) of the Convention. It also hopes that the Government will provide full information on the practical measures taken to implement the Convention, including examples of any educational programmes to secure the acceptance and observance of the national policy.