Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Latvia (Ratification: 1992)

1. The Committee notes from the Government’s report that the new Labour Code will enter into force on 1 June 2002 and will include provision shifting the burden of proof in discrimination cases to the employer. The Committee reiterates its request to the Government to supply a copy of the Code.

2. The Committee notes that the National Human Rights Office is established as an independent state institution, promoting the observance of the fundamental human rights and freedoms of individuals and citizens in Latvia in accordance with the Constitution and international human rights treaties, which are binding for Latvia. The Committee also notes the broad mandate of the Office, including responsibilities such as public information, the elaboration and coordination of promotional programmes, inquiries into individual complaints, investigating the human rights situation in the country and carrying out analysis regarding the compliance of national norms with international human rights treaties. The Committee requests the Government to provide information on the specific activities undertaken by the Office with respect to the promotion and implementation of the Convention. The Government is requested to continue to supply the Committee with specific information on activities, projects and programmes undertaken to promote equal education, training and public awareness raising.

3. The Committee notes that the National Human Rights Office has received 38 written complaints concerning labour rights in 2000, out of which five could be resolved by conciliation. The Office also provided consultative services in 325 labour cases in the same year. The Government states that, in many instances, the Office is unable to provide assistance, because the persons concerned fear to lose their jobs. The Committee invites the Government to provide information on the measures taken or envisaged to protect against actual or perceived retaliation and to continue to provide information on the number and nature of employment discrimination complaints brought before the National Human Rights Office or handled by the Prosecutor’s Office during the reporting period and the outcome of any such complaints. The Government is also requested to provide copies of any administrative or judicial decisions issued relevant to the application of the Convention.

4. The Committee notes from the Government’s report that the State Labour Inspectorate has carried out more than 10,000 inspections in 2000, none of which appeared to reveal instances of discrimination. Noting that it attaches great importance to the proper training of labour inspectors as regards questions related to equality of opportunity and treatment, the Committee requests the Government to provide information on such training provided or planned.

5. The Committee notes that one of the mandatory requirements in order to qualify as a candidate for a civil service position under the State Civil Service Act is that the person concerned is not or has not been a participant in organizations prohibited by law or judicial decision (section 8(9)). The Committee requests the Government to provide detailed information on the application of this provision, including the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.

6. The Government indicated that the application of the Latvian policy of non-discrimination in employment is entrusted to, inter alia, the State Employment Service. The Government further indicates that the Professional Career Guidance Centre of the Ministry of Welfare is active in implementing the national policy. The Government is requested to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered.

7. The Committee requests the Government to provide information on the manner in which the social partners are involved in the prevention of discrimination and the promotion of equality in employment and occupation.