Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Legislative developments. The Committee notes that section 6 of the Act on Civil Servants of 15 July 2005 prohibits discrimination against civil servants on the grounds of age, nationality, ethnic or territorial origin, language, race, religious and political belief or orientation, disability, education, social situation, sex, marital or family status, sexual orientation or any other reason contrary to the rights and benefits established under the Constitution and the laws. Noting that section 6 does not explicitly refer to the prohibited grounds of social origin and colour which are listed in Article 1(1)(a) of the Convention, the Committee hopes that this ground will be added in the context of future amendments to the legislation. Further, the Committee notes that section 48(1) establishes general conditions for civil service recruitment, while section 48(3) provides that other conditions can be prescribed by law. The Committee requests the Government to:

(a)   indicate whether section 6 prohibits discrimination against applicants to the civil service (during the recruitment process) and civil servants under probation, and to provide information on any administrative or judicial decision made concerning section 6;

(b)   provide information on any laws or regulations that establish other conditions for recruitment in accordance with section 48(3);

(c)   provide information on how the Convention is applied with respect to state employees referred to in section 138;

(d)   supply information on the current ethnic and gender composition of the civil service.

2. Sexual harassment. The Committee welcomes the holding of a round‑table discussion on “Harassment and Sexual Harassment at the Workplace” under the auspices of the Government’s Office for Human Rights in April 2005. It notes from the Government’s report that this initiative led to a number of recommendations, including concerning possible amendments to the Labour Act, the issuing of a Code of Conduct, and further awareness‑raising activities. The Committee requests the Government to keep it informed of any progress made in implementing these recommendations.

3. Article 2 of the Convention. Measures to promote gender equality in employment and occupation. Further to its observation, the Committee notes from the Government’s report that, among the measures envisaged to promote gender equality in the labour market, are the drafting of “standards of identification of discrimination” and measures to put in place effective mechanisms and procedures to deal with cases of discrimination. The Committee also notes from written information provided by the Government to the Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2005/I/CRP.2/Add.1, 2 November 2004, paragraph 15) that a project to implement these measures has been launched, involving competent public bodies, including the Office for Gender Equality, as well as workers’ and employers’ organizations. The Committee requests the Government to provide detailed information on the specific measures taken to promote gender equality in the labour market, including on the implementation and results of the abovementioned measures and project.

4. Combating gender stereotypes. The Committee notes the Government’s indication that the National Family Policy provides for measures enabling women to better coordinate their work and family obligations. In this context, the Committee draws the Government’s attention to the need to ensure that its policies do not reflect or reinforce archaic or stereotyped concepts with regard to the respective roles of men and women which lead to the nullification or impairment of equality of opportunity and treatment in employment and occupation (General Survey, 1988, paragraph 38). It requests the Government to indicate the measures taken to assist women and men to better reconcile work and family responsibilities and to encourage a sharing of family responsibilities between men and women (Workers with Family Responsibilities Recommendation, 1981 (No. 165), Paragraph 11(b)).

5. Positive action. The Committee notes the Government’s indication that former section 3(2) of the Labour Act which provided for preferential treatment of the under-represented sex in hiring if the candidates were equally qualified, has been repealed. Recalling that the Committee had noted this provision with interest, the Committee regrets the repeal of section 3(2) of the Labour Code and requests the Government to indicate whether any other positive action to promote gender equality is being implemented or envisaged.

6. National policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. Concerning the application of the Convention with respect to prohibited grounds of discrimination other than sex, the Committee notes from the National Programme for the Integration of the Republic of Croatia into the European Union 2005 that a National Plan for the Suppression of All Types of Discrimination is being prepared. The Committee hopes that this National Plan will address discrimination in employment and occupation on all the relevant grounds covered by the Convention, i.e. race, colour, religion, political opinion, national extraction and social origin (Article 1(1)(a)). It asks the Government to provide detailed information in its next report on the content and implementation of the National Plan for the Suppression of All Types of Discrimination, as far as it is relates to the Convention.

7. Enforcement. The Committee notes from sections 246‑248 of the Labour Act, as amended, that violations of section 2 (prohibition of discrimination) are no longer subject to fines under the Act. According to the explanations provided by the Government in its report under the Equal Remuneration Convention, 1951 (No. 100), this has the effect of excluding any role of the labour inspection services in supervising the Act’s discrimination provisions. The Committee requests the Government, in the context of its efforts to strengthen the implementation and enforcement of the equality legislation, to consider the possibility of providing a specific role for labour inspectors in this regard, and to keep the Committee informed of any further developments on this issue.