Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous comments, the Committee had drawn attention to the ideological and political qualifications required for filling various positions in teaching and other sectors of the economy and for obtaining academic degrees and titles, and to the role played by the Communist Party in their implementation. It had observed that the provisions in question made it possible for equality of opportunity and treatment in employment and occupation to be impaired by distinctions based on political opinions.

1. The Committee notes with satisfaction, from the information provided by the Government in its last report, that the Constitution of the USSR, as amended by the Law on Presidency of 14 March 1990, no longer makes reference to the "leading role of the Communist Party of the Soviet Union" and that its amended Article 6 puts the Communist Party on an equal footing with other political parties, trade unions, youth and other social organisations and mass movements in the formulation of the policy of the Soviet State and in the administration of state and social affairs. The Committee also notes with satisfaction the abrogation of the Act of the USSR of 30 June 1987 on state enterprises which contained provisions requiring the Party organisation of an enterprise to guide the work of the organisation, to select, train and place staff, and the steady raising of the political level of the workforce and the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities. The Act of the USSR on Enterprises in the USSR of 4 June 1990 no longer contains any provisions which specifically provide for the Party or any other political organisation to be involved in decisions affecting the selection and evaluation of workers relating to their employment.

2. The Committee also notes with satisfaction that Decree No. 425 of 15 May 1973 on the procedure for filling positions in the professoral and teaching staff of higher educational establishments; Decree No. 273 of 16 April 1974 on the attestation of teachers of general education schools; the methodological instructions, for the verification of the quality of basic types of instructions at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational Institutions, of 2 October 1978; and Decree No. 1067 of 29 November 1975 concerning the procedure for awarding academic degrees and academic titles were repealed and have been replaced by new regulations which no longer impose ideological or political requirements for the selection of teaching staff in educational establishments and for the awarding of academic degrees and titles, in accordance with the Convention.

3. The Committee notes that the Fundamental Principles Law of the USSR and Union Republics on Employment of Population of USSR was adopted on 15 January 1991 and communicated to the Office the first week of February 1991. The Committee will be able to examine it in detail only when a translation of the full text is available. However, the Committee can already note with satisfaction that Section 4 of this law provides that state policy in the field of employment shall be based on the provision of equal opportunities to all citizens irrespective of race, sex, attitude to religion, age, political conviction, nationality and social status in the realisation their right to work and free choice of employment, thus covering grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, including political opinion.

4. The Committee further notes that, in accordance with the Order on the introduction into force of the above-mentioned legislation, all existing legislation, decrees, legislation or other measures are to be reviewed and brought into conformity with the Fundamental Principles Law by 1 June 1991. It hopes that this review will also be made in light of the requirements of Convention No. 111 and that due consideration will be given to the points raised by the Committee in previous comments. The Committee requests the Government to indicate the results of this review and to supply copies of all relevant revised texts with its next report.

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