Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s reports. It also takes note of the Government’s confirmation that the term "conviction" contained in article 19 of the Constitution has a broad meaning and includes the term "political convictions" within its scope. The Committee recalls its previous comment concerning the lack of legal protection on the grounds of race or colour which are among the prohibited grounds of discrimination as specified under Article 1, paragraph 1(a), of the Convention. In this respect, it notes from the Government’s report that the draft Act to amend and supplement the Labour Code was approved by the State Duma on 27 October 1999, and that it has four sections referring specifically to the prohibition of discrimination in employment, namely sections 1(2), 2, 16 and 77. The Committee notes further that section 1(2) of the draft Code entitled "Prohibition of discrimination in employment" provides that "every person has equal rights at work, irrespective of sex, age, race, nationality, language, property or employment status, residence, attitude to religion, political or other convictions, membership or non-membership of public associations or any other circumstances not related to professional capability". The Committee notes that this draft provision now covers all grounds with the exception of colour. It hopes that the Government will consider adding this ground to the Code and that information on whether the draft Labour Code has been adopted into law will be provided in its next report.

2.  The Committee further notes that the draft Labour Code provides that "distinctions, exclusions, preferences and restrictions based on the inherent requirements of a particular job or arising out of the State’s special concern for persons requiring greater social and legal protection shall not constitute discrimination". Noting that women, youth and the disabled are included in this category, and that there is a special list of jobs which women are prohibited from performing, the Committee requests the Government to provide further information on whether this list has been examined in light of recent scientific and technological developments and in light of the promotion of equality of opportunity and treatment to ensure that such prohibitions are still necessary.

3.  The Committee notes from the report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that women account for 70 per cent of the country’s unemployed, and that there are constraints on women’s ability to exercise their equality of opportunity as a consequence of the transformation to a market economy (A/50/38 of 31 May 1995, paragraphs 496-552). Within this context, the Committee also takes note of information contained in a report of the Women’s Rights Project of Human Rights Watch indicating widespread discrimination in employment on the basis of gender, including in hiring, firing and retraining (Russia: Neither Jobs Nor Justice, March 1995, Vol. 7, No. 5). Taking note of the Government’s "Plan of Action to Improve the Status of Women and to Upgrade their Role in the Society by 2000" (Act No. 1032 of 29 August 1996), the Committee requests the Government to provide concrete information on measures taken or contemplated to implement this Plan including statistical information disaggregated by sex on the labour market, the workforce, participation in training and retraining programmes, and the employment prospects of those who received training. Within this context, the Committee recalls its previous comment requesting information on measures taken to promote equal access of women and men to senior executive and managerial posts.

4.  The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that Presidential Decree No. 909 of 15 June 1996 adopted an Outline of Russian State Policy on Nationalities (CERD/C/304/Add.43), and that the State Duma Committee on Nationalities was established to implement this policy. The Committee also notes that the Committee on Nationalities has prepared a Plan of Action including socio-economic development programmes for the constituent entities and different ethnic groups of the Russian Federation, which include measures to increase the number of jobs available. The Committee requests the Government to keep it informed on the work of the Nationalities Committee, including information on the number of jobs created and the beneficiaries.

5.  The Committee also notes that the National Cultural Autonomy Act entered into force on 17 July 1996 guaranteeing to all ethnic communities, in particular the national minorities, the right to enjoy their cultures, traditions, lifestyles, linguistic education, art and self-awareness, irrespective of size or geographical distribution and that cultural development programmes have been formulated with this end in view (CERD/C/299/Add.15 of 28 July 1997). Noting that the Government has established an advisory council on national cultural autonomy, with the objective of facilitating constructive inter-action between the Government and the ethnic communities, the Committee requests the Government to keep it informed on the work of this Committee.