Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. (i) The Committee notes that the Law of the Russian Federation Amending and Supplementing the Labour Code of the RSFSR, dated 25 September 1992, amends section 16 of the Labour Code to provide that any direct or indirect restriction of rights and any direct or indirect establishment of advantages in employment based on sex, race, nationality, language, social origin, material status, place of residence, religious convictions, membership in social organizations or other grounds which are unrelated to the performance of the work, are prohibited. The Committee thus observes that the Labour Code, as amended, covers the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention with the exception of political opinion. The Committee further notes that the Law on Population Employment in the Russian Federation, as modified by Decree No. 3306-1 of the Supreme Soviet of the Russian Federation, dated 15 July 1992, provides, in section 5, that state policy in the field of employment shall be directed at ensuring equal opportunities to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes in exercising their right to work and free choice of employment, thus covering the grounds of discrimination listed in Article 1, paragraph 1(a), with the exception of race.

(ii) In previous observations, the Committee had noted the repeal of provisions referring to the leading role of the Communist Party and provisions imposing political and ideological requirements for selection to employment. While noting that ensuring equal opportunities on the grounds of, inter alia, political opinion is stated as a national policy directive in the above-mentioned Law, it observes that no provision appears to create binding obligations against discrimination on the basis of political opinion in terms of access to employment. The Committee therefore hopes that the Government will be able to report in the near future that the Labour Code has been amended to include political opinion as a prohibited ground of discrimination.

(iii) The Committee would also be grateful if the Government would provide information on the measures taken to ensure that the promotion of equal opportunity in state policy pursuant to the provisions of the Law on Population Employment in the Russian Federation is also directed at persons belonging to different racial groups.

2. Noting that the Russian Federation is still in the process of elaborating a Constitution, the Committee trusts that due consideration will be given to the requirements of the Convention in the new Constitution.

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