Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

1. The Committee notes that, at its 275th Session (June 1999), the Governing Body approved the report of the committee designated to examine the representation submitted by the National Federation of Workers' Councils (NFWC) pursuant to article 24 of the ILO Constitution, alleging the Government's non-observance of the present Convention, and of the Employment Policy Convention, 1964 (No. 122). The Governing Body determined that there was insufficient information to permit it to reach any conclusions regarding the issues raised in the representation, including the NFWC's allegations that the Government's enactment of legislation reducing the personnel and social security-related budgets of institutes of higher education had resulted in the dismissal of a disproportionate number of female lecturers and researchers, and it requested the Government to provide additional information on the issues raised in the representation, so that the Committee of Experts could continue to examine the matter.

2. The Committee notes the information provided by the Government in this respect. The Government states that institutions of higher education are independent and have the right of self-governance as concerns employment policy. This includes the institution's right to select its scientific researchers and leaders, as well as the right to make decisions regarding the financial instruments and resources allocated to the institution. In this connection, the Committee recalls the statement by the Governing Body in its report that "under Convention No. 111, the Government has the responsibility of ensuring that discrimination between men and women in employment does not occur" (GB.275/7/3, paragraph 42) (275th Session, June 1999). The Committee therefore requests the Government to indicate whether any measures have been taken or are contemplated to ensure that the exercise of the educational institutions' right of self-governance is carried out in conformity with the principle of non-discrimination.

3. With regard to the impact of the budgetary restrictions on the employment of civil servants employed in institutions of higher education, the Government indicates in its report that, during the period in question, 2,287 teaching staff and 4,311 non-teaching staff were dismissed. Of the total number of persons dismissed, 3,114 were men and 3,443 were women. The Government indicates that 35.6 per cent of the full-time teaching staff in the 1994/95 academic year were female, but that the larger part of those dismissed did not belong to the teaching staff. The Committee recalls that the Governing Body also concluded that "the imposition of a different retirement age on women, particularly where this distinction is used to force women into retirement earlier than the compulsory legal retirement age for their profession, would, if such a practice were verified, constitute discriminatory conduct that has a negative impact on women's access to employment and denies them equality of opportunity and treatment in employment and occupation" (GB.275/7/3, paragraph 43) (275th Session, June 1999). The Committee therefore requests the Government to indicate the number of female teaching staff dismissed during the relevant period, as well as the number of female non-teaching staff dismissed.

4. The Governing Body also requested the Government to provide information on any measures taken or contemplated to ensure that the civil servants dismissed have access to redress through the judicial process, the status of any claims filed and the outcome of those claims. The Government has indicated that the employees who were dismissed have the right to legal redress, but that it does not have details of litigated cases. The Committee expresses its hope that this information will be supplied with the next report.

5. The Government indicates that the Parliamentary Commissioner of Citizen's Rights (Ombudsman) has investigated cases involving certain of the employees in higher education institutions who were dismissed and, in his 1997-98 report, requested Parliament to investigate them. The Government indicates that the results of the investigation will be supplied later. Accordingly, the Committee would be grateful if the Government would supply information on the status of the Parliamentary investigation, including copies of the conclusions reached, once they become available.

6. The Committee is addressing a request directly to the Government on other points, in particular on the efforts being made to improve the situation of the Roma, whose situation in the labour market has been the subject of previous comments.