Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the communication dated 30 May 2003 received from the Customs Employees Union of Ukraine containing comments on the draft Disciplinary Statute of the Customs Service, as well as the Government’s reply to these comments. In its communication, the Union takes the view that certain provisions of the draft Disciplinary Statute are contrary to the Convention. In the absence of the draft text in question and without indications by the Union in what respects it is contrary to the Convention, the Committee is not in a position to express itself on the matter. The Committee hopes that the Government will provide information on the developments and will supply the text for examination by the Committee, as soon as it is adopted. In addition the Committee, recalls its previous comments which read as follows.

2. The Committee notes the list of occupational guidance seminars to train women in entrepreneurial skills, and the high percentage of women’s participation in vocational training. It also notes the public works organized by the employment service in cooperation with the local bodies to provide unemployed persons with an occupation and that 63.4 per cent of the workers engaged in the programmes were women. Nevertheless, the Committee understands that women in most cases occupy lower status, low-paid positions with less job security than men. Furthermore, a higher percentage of women than men are unemployed. The Committee recalls that the banning of discrimination is generally insufficient to eliminate it and requests the Government to indicate the specific measures taken or envisaged to effectively tackle these inequalities in practice. It also asks the Government to continue to provide information on the vocational training programmes, specifying the level of participation in respect of sex and national extraction. Please also provide information on educational activities carried out in order to raise the level of awareness among the labour market actors and the general population on equality of opportunity and treatment in employment and occupation.

3. In its previous comment, the Committee requested the Government to provide information on the legal status of the returning ethnic minorities and the manner in which these groups, in particular the Crimean Tartars, are protected against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes the list of legislative provisions mentioned in the Government’s report that address deported persons and the Republican programmes of employment 2000-01 that include the section "Job security for the deported citizens", which covers the measures aimed at creating jobs and developing small businesses, occupational training and retraining of the deported citizens. Nevertheless, the Committee notes that the employment rate of Crimean Tartars is still low at 14.9 per cent. The Committee asks the Government to provide more information on the development of such programmes and on the results achieved through their implementation. The Committee also would be grateful if the Government would continue providing statistical data, disaggregated by sex, if possible, on the employment situation of ethnic minorities. Recalling the difficulties of the Crimean Tartars in acquiring Ukrainian citizenship, the Committee, once again, asks the Government to specify the legal status of returning persons belonging to ethnic minorities and the difficulties they encounter in acquiring citizenship, so that it is possible for the Committee to appreciate the coverage of the abovementioned programmes.

4. As stated in the previous comments, the Committee welcomes the equal rights provisions for the Roma in respect of employment, set out in sections 8, 9, 10 and 11 of the Employment of the Population Act. The Committee again asks the Government to provide information on the measures taken or envisaged to secure observance of the legislation in conformity with the Convention, including measures to promote or accelerate equal access to jobs, occupations, vocational training, skill development and education for the Roma. The Committee requests the Government also to supply data and statistics, disaggregated by sex if possible, on the employment situation of the Roma.

5. The Committee notes the information regarding labour inspections, the imposition of penalty sanctions for violation of the labour legislation for refusing employment to individuals belonging to groups that need social support and cannot compete on equal terms in the labour market. The Committee would be grateful if the Government would continue to provide information in this regard, and on the mandate, powers and activities of the State Department on the Supervision over the Observance of the Labour Legislation set up in 2000.