Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

Equality of opportunity and treatment of men and women. The Committee notes the detailed information, including statistics, provided by the Government on the measures taken between 2009 and 2010 to promote education and training and increase the participation of women in almost all areas of active employment policy to improve their chances to obtain employment in the labour market and develop self-employment. It notes in particular the Government’s indication that the possible reduction in public employment would have a greater impact on women, and that, as a consequence, it is necessary to continue the implementation of gender equality measures of active employment policy, with an emphasis on the employment of women. The Committee notes from the report on the Progress of the Realization of the Millennium Development Goals in the Republic of Serbia (2009) that women constitute the majority of “helping household members” (69.6 per cent in 2005 and 72.3 per cent in 2009), especially in agriculture and they suffer from a particularly unfavourable position, since they work outside the formal labour market and without a salary (p. 55). The Committee also notes that the United Nations Human Rights Committee, in its 2011 concluding observations, while welcoming the efforts made to address the discriminatory situation of women, including the adoption of the Law on Gender Equality in 2009, expressed concern about the low number of women in high-level and decision making positions and the fact that stereotypes subsist with respect to the position of women in the society (CCPR/C/SRB/CO/2, 24 March 2011, paragraph 8). The Committee requests the Government to provide information on the measures taken to increase access of women to formal employment, including self-employment and employment with career opportunities and better remuneration, through national employment plans and strategies; and to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities. The Committee further requests the Government to provide detailed information on the implementation of the Law on Gender Equality of 2009, with respect to employment and occupation, and a copy of this law.

Sexual harassment. In its previous comments, the Committee noted that section 21 of the Labour Code prohibits sexual harassment, but defines it without clearly covering quid pro quo harassment and that persons bringing a complaint to the courts bear the burden of proof. On the other hand, the Committee pointed out that the Law on the Prohibition of Discrimination, while not specifically referring to or defining sexual harassment, prohibits “blackmail and harassment relating to gender” (section 20) and provides that the burden of proof shifts from the plaintiff to the defendant, once the plaintiff has “proved the likelihood” that such act has been committed. The Committee notes that there is no information in the Government’s report on sexual harassment at work. Referring to its 2002 general observation, the Committee requests the Government to consider reviewing the provisions on sexual harassment in the Labour Code to ensure that the key elements of the definition of quid pro quo sexual harassment are included. The Committee also requests the Government to indicate whether and how sexual harassment is covered by the new law on gender equality. The Committee reiterates its request for information on any cases of sexual harassment at work addressed by the competent authorities and any measures taken to address and prevent sexual harassment in employment and occupation, including awareness-raising and training activities.

Equality of opportunity and treatment, irrespective or race, colour or national extraction. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that certain minorities, including Bosniaks and Albanians, continued to suffer exclusion and discrimination, particularly in the areas of employment and education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 17). The Committee requests the Government to provide information on any measure taken to promote equal access to employment and occupation of minorities and on measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

With regard to the situation of the Roma community, the Committee notes the Government’s indications that, according to the Labour Force Survey of 2009, their situation in the labour market remains unfavourable – the employment rate of members of the Roma community being only 27.8 per cent, whereas the average rate of the population is 50.8 per cent, and the situation of Roma women and youth is even worse. The Committee notes from the Government’s report the recent measures taken under the National Employment Action Plan to promote the employment of Roma, including self-employment. It notes in particular that a database for monitoring the effects of positive employment measures for Roma people was created and that in 2010, activities were envisaged to encourage employers to hire members of the Roma community and to raise the capacity of local authorities and councils to create employment opportunities. The Committee asks the Government to continue to provide information on the measures taken to promote equal access of the Roma to employment and occupation, including vocational training, and on the progress monitored and the results achieved, in particular with respect to the employment of Roma women.

With regard to access to education of Roma children, the Committee notes that the CERD, in its concluding observations, urged the State party to address de facto public school segregation, and carry out the necessary measures to facilitate access to quality education including through anti-discrimination training for school staff and awareness raising for parents, increasing the number of Roma teaching assistants, preventing de facto segregation of Roma pupils, and other measures for the promotion of inclusive education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 15). Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to provide information on the measures taken to promote equal access of Roma children to education, including pre-school, and to retain them at school.

Article 3(a) of the Convention. Cooperation with workers’ and employers’ organizations. The Committee once again requests the Government to provide information on the measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate how the social partners are involved in efforts to promote the Law on the Prohibition of Discrimination and its implementation, as well as the new Law on Gender Equality.

Article 3(d). Civil service. The Committee once again asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.