Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. Further to its previous comments, the Committee notes with satisfaction that the Labour Code was amended in 2001 to prohibit explicitly indirect discrimination and to add the criterion of skin colour to the list of prohibited grounds of discrimination. Section 8(3) of the Labour Code, as amended, provides that "in the exercise of labour rights and duties no direct and indirect discrimination, privileges or restrictions shall be allowed on the grounds of ethnicity, origin, sex, race, skin colour, age, political and religious conviction, affiliation to a trade union and other public organizations and movements, family, social and property status and disability". The Committee also notes that section 1(7) of the "supplementary provisions" defines that "indirect discrimination shall be such where decisions seemingly admissible by law are applied in the implementation of labour rights and duties, but in a manner, which in view of the criteria under article 8, paragraph (3), of the Labour Code, actually and as a matter of fact render some employees in a more disadvantaged or more privileged position compared to others". The Committee requests the Government to provide in its future reports information on the implementation, enforcement and impact of the abovementioned provisions in practice, including relevant administrative and judicial decisions.

2. Discrimination on the basis of national extraction or religion. The Committee has previously expressed its concern over the treatment of the Turkish minority and members of the Roma community, while acknowledging that the Government had taken certain measures with a view to fighting against discrimination and promoting integration, including the adoption in 1999 of a Framework Programme for the Equal Integration of Roma in Bulgarian society. In this context, the Committee notes the information provided by the Government concerning various programmes creating employment opportunities for persons of Roma origin in some districts and municipalities, including vocational training programmes. The Committee asks the Government to assess and evaluate the measures taken and to provide information on the effectiveness of all the programmes to eliminate discrimination and promote equal opportunity in training, skill development and employment of Roma. Noting that according to the Government’s reply of February 2000 to the United Nations Secretary-General’s questionnaire on the implementation of the Beijing Platform for Action, the Framework Programme 1999 contains a special section on measures to promote equal participation of Roma women in social and economic activities, the Committee is particularly interested in information on the implementation of these measures. It also hopes the Government will provide for specific measures targeting the Roma in the National Strategy on Employment which is currently under preparation.

3. The Committee once again underlines the need to take concrete and proactive measures to promote respect and tolerance among the different ethnic groups of the population. Recalling the serious situation as regards the participation of the Roma in education, training and employment and the fact that a general climate of prejudice and intolerance against minorities leads to discrimination, the Committee considers that any national policy to promote and ensure non-discrimination and equality of opportunity and treatment in employment and occupation must necessarily include specific measures to promote respect and tolerance, including through education and public awareness raising. The Government is requested to provide detailed information on measures taken in this respect.

4. The Committee notes that the Government did not reply to its previous comments concerning the application of the Act on Political and Civil Rehabilitation of Repressed Persons. The Committee reiterates its request for information on the number of people - particularly members of the Turkish minority - who have applied for and obtained compensation under the implementing decrees of this Act (Nos. 139 of July 1992 and 249 of December 1992). With respect to restoration of real estate to Bulgarian citizens of Turkish origin who asked to return to the Republic of Turkey or to other countries during the period May-September 1989, the Committee once again expresses the hope that the Government will indicate the number of repatriated workers of Turkish origin who were unemployed but not receiving benefits, who were able to benefit from the compensation provided by Decree No. 170 of 30 August 1990 regarding the restoration of real estate to Bulgarian citizens of Turkish origin who were forced to sell. In addition, it requests the Government to supply statistical data on the number of Bulgarians of Turkish extraction registered in schools and other educational institutions and on their participation in the labour market, so that it can measure the progress made by this minority in regard to access to employment and occupation.

The Committee is raising certain other points in a request addressed directly to the Government.