Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. Discrimination on the grounds of race, colour and national extraction. In its previous direct request, the Committee had asked for information on the training and employment opportunities for German citizens of different ethnic origins, such as the Danish and Sorbian minorities and the Sinti and Rom. The Committee notes from the Government's reports that, while it is difficult to collect data on the number of minorities because declarations as to national origin are voluntary, both at the federal and Länder levels, a large number of legislative initiatives and practical activities for these groups, and for the Frisian minority, have been undertaken to encourage their rights to language, education, national identity, cultural independence and political participation. The Committee observes that much of this detail is also contained in government reports to United Nations treaty bodies, such as the Committee on Economic, Social and Cultural Rights (UN document E/1994/104/Add.14 of 17 October 1996) and the Committee on the Elimination of Racial Discrimination (UN document CERD/C/299/Add. 5 of 21 October 1996), as well as to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (UN document E/CN.4/1996/72 of 15 February 1996). It requests the Government to continue to provide such information in future reports, where possible with statistical data relating to the employment profile of these groups.

2. Discrimination on the ground of sex. The Committee had requested information on women's access to training and on the number of trained women who actually got jobs once qualified. According to the Government's reports, data from the Federal Statistical Office for 1994 and 1995 show that women accounted for almost 42 per cent of newly concluded training contracts, but that over 75 per cent of female apprentices were trained in commercial and services sectors, with only 8 per cent of all the female intake receiving training in traditional "male" occupations. According to an analysis of the database of the Research Institute for Labour Market and Professions (IAB) of the Institute of Labour, only ten occupations -- mostly technological in nature -- are dominated by men: both males and females tend to choose occupations of traditional male and female dominance respectively although the tendency is stronger for men: for example, in 1995, 58.4 per cent of young women in the new Länder entered female-dominated occupations (42 per cent in the old Länder) and 76.6 per cent of young men entered those where males dominated (68.6 per cent in the old Länder). Although no statistics are collected on the number of women who obtain jobs after completing their training, relevant information can be gleaned from the surveys carried out by the Federal Vocational Training Institute: in 1995, for example, these showed that 71 per cent of persons trained in enterprises were taken on in their chosen occupation immediately at the end of their apprenticeship, but that the number of job offers made to male-dominated industrial/technical occupations was higher than in female-dominated service sector occupations. The Government points out that unemployment data also shed light on the actual job situation of trained women: for example, in 1995-96 the number of women who sought vocational counselling amounted to about half of all job advice seekers. The Government states that vocational counsellors are actively seeking training positions in enterprises for women and the broadening of occupational choice by wider training opportunities. In July 1996, the federal Government and new Länder and Berlin concluded an agreement known as the "Action Programme for Training Positions in the East" aimed at creating many new training places at workplaces through 1997. The Committee requests the Government to inform it of the activities and successes of its various initiatives in reducing sex-segregated training for both men and women, for example by including sensitization courses to school-leavers about the possibilities of choice and jobs outside stereotyped occupations.

3. Enforcement of equal employment provisions. The Committee notes that, following a decision of the European Court of Justice on 22 April 1997, concluding on the ineffectiveness of compensation for damage under the Equal Treatment Act, the Government is preparing a Bill to ensure conformity of the national legislation with the European law. The Committee requests to be kept informed of progress towards adoption of any new legislation which strengthens enforcement of the provisions designed to eliminate discrimination in employment and promote equality in employment and opportunity.