Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that over the past five years, there have been nine prosecutions under section 170(1) of the Penal Code, none of which involved sexual harassment. The Committee recalls that section 170 of the Penal Code may not provide adequate protection from all forms of sexual harassment in the workplace. The Committee notes the Government’s indication that Resolution No. 26-11 concerning the Model Law on State guarantees equal rights and opportunities for women and men, adopted by the Inter-parliamentary Assembly of the Commonwealth of Independent States (CIS) on 18 November 2005, sets out guarantees prohibiting sexual harassment against persons of either sex by employers (section 16), and that the Inter-parliamentary Assembly has recommended that CIS member States incorporate the Model Law into national legislation. The Committee asks the Government to indicate any steps taken to adopt legal provisions defining and prohibiting sexual harassment in the workplace, not only by employers by also by co-workers, taking into account the provisions of the abovementioned Model Law and the elements set out in the Committee’s general observation of 2002 on this issue. Please also indicate any practical measures taken to address both quid pro quo and hostile environment sexual harassment, including through awareness raising among workers and employers and their organizations.

Direct and indirect discrimination. The Committee notes the Government’s confirmation that section 14 of the Labour Code is intended to protect workers from indirect discrimination. The Committee asks the Government to consider amending section 14 of the Labour Code to provide for a more explicit prohibition of indirect discrimination, as soon as the occasion for revision arises. In the meantime, the Committee requests the Government to provide copies of any judicial or administrative decisions relating to cases of indirect discrimination in violation of section 14 of the Labour Code.

Grounds of discrimination. Social origin. The Committee notes the Government’s indication that the possibility of amending the Labour Code to include social origin among the prohibited grounds of discrimination will be considered if such changes occur in society and the labour market making membership of any social group, class or locality a ground for distinctions or preferences of any kind thereby undermining the principle of equality in employment and occupation. The Committee asks the Government to provide information on the steps taken or envisaged to determine whether any changes in the labour market or society have occurred that could lead to new forms of discrimination in law and in practice, including regarding social origin. The Committee also asks the Government to provide information on how a person alleging discrimination based on social origin could seek protection against such discrimination.

Article 2. Equality between men and women. The Committee notes from the statistics in the Government’s report that men are more highly represented in agriculture (59.1 per cent), forestry (83.5 per cent), building (78.8 per cent) and transport (70.7 per cent), while women are highly represented in health-care establishments (82.7 per cent), education (81.2 per cent), finances and insurance (74.6 per cent), culture (74.1 per cent), commercial and catering establishment (73.9 per cent), administration (64.3 per cent), communications (63.7 per cent) and IT services (58 per cent). The Committee notes that the National Plan of Action on Gender Equality for 2008–10 includes among its aims to improve legislation guaranteeing equal opportunities for further training, assist men and women in reconciling work and family responsibilities, prevent discrimination in recruitment, termination of employment and promotion, create conditions to allow women to be involved in the administration, prevent violence against women, and overcome traditional stereotypes regarding the place and role of women in society. Specific measures include examining the possibility of ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156); monitoring the position of women in the labour market; improving women’s competitiveness, including through training and retraining of women after maternity and childcare leave; stimulating entrepreneurial activity of women; educating employers on gender equality with a view to ensuring respect for workers with family responsibilities and changing stereotypes that influence recruitment and professional advancement, and monitoring conditions or measures and occupational safety and health of women in basic branches of the economy. The Committee asks the Government to provide information on the specific action taken and concrete results achieved by the various measures taken to implement the National Plan of Action on Gender Equality for 2008–10, as well as an indication of any obstacles that have been identified to achieve its objectives.

Equality of opportunity and treatment, irrespective of race, national extraction and religion. The Committee notes the information in the Government’s report regarding the general measures taken to promote tolerance and coexistence among religious, ethnic and national minorities in the country. It notes the Government’s statement that work is being done by the ethnic and religious affairs bodies to explain and publicize citizens’ rights, and it reaffirms that instances of discrimination in employment on the basis of race, ethnicity or religious belief are presently not found. The Committee asks the Government to indicate more specifically the activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation based on ethnic origin, race and religion, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases, and also to examine whether the applicable substantive and procedural provisions, in practice, allow victims of discrimination to bring their claims successfully. Please also provide information on any measures taken to assess on a regular basis the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment.

Migrant workers. The Committee recalls its previous comments regarding the need to protect all workers, even those in an irregular situation, against discrimination at work based on race, colour, sex, religion and the other grounds covered by the Convention. The Committee notes the Government’s reply regarding the reference in the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) to the 1949 ILO instruments on migration for employment with regard to the lifting of restrictions on access to employment for migrants lawfully in the country. The Committee draws the Government’s attention to the fact that while the Convention does not address distinctions, preferences and exclusions on the basis of citizenship and Recommendation No. 111 does not address the lifting of restrictions on access to employment for migrant workers in an irregular situation, under the Convention these workers should be protected against discrimination in employment on the basis of all the grounds set out in Article 1(1)(a) of the Convention, particularly with respect to their conditions of work. The Committee therefore reiterates its requests to the Government to indicate any measures taken or envisaged to ensure that foreign workers are protected against discrimination at work based on race, colour, sex, religion, and the other grounds of the Convention.

Article 5. Special measures of protection. Working time restrictions for certain women. With respect to its previous comments on section 263 of the Labour Code imposing working time restrictions on women having children under the age of 3 years in certain types of work, the Committee notes the Government’s statement that the restrictions concerned are not discriminatory, but rather intended to protect mothers and provide means of protecting rights of women workers with regard to maternity and childcare. The Committee considers that legislation reflecting the assumption that the main responsibility for family care lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the principle of equality. Blanket restrictions for women to do overtime, to work on public holidays or rest days or to go on business trips may restrict their access to certain types of jobs and certain occupations, particularly those with career opportunities. In light of the abovementioned National Plan of Action on Gender Equality and the equal right of men and women to take up parental leave (section 185 of the Labour Code), the Committee asks the Government to revise the legislation so as to ensure that restrictions applying to women are limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and nursing mothers. The Committee also encourages the Government to examine the possibility of allowing male workers with children to refuse overtime, work on holidays and rest days, and business trips when facing obstacles relating to family responsibilities.

Article 5. Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. The Committee notes the Government’s indication that there have been no recorded cases of permission by authorities to employ women in positions included in the list established by the Council of Ministers’ Decision No. 765 of 26 May 2000 concerning heavy manual work and work involving hazardous conditions for which women’s recruitment is prohibited. Such permission may be granted following inspection confirming that steps have been taken in accordance with Regulation No. 9-80-98 (the “SanPiN 9‑72 RB 98 standard”) which sets out the health and safety requirements with regard to working conditions for women. Noting the Government’s statement that the Ministry of Health intends to revise Regulation No. 9-80-98 in the course of 2010, the Committee asks the Government to take all necessary steps to ensure that restrictions on women’s employment are limited to protecting maternity in the strict sense. Please also provide information of instances where permission has been granted to hire women in work included in the list of heavy manual work and work involving hazardous conditions, and on any measures taken to ensure that health and safety requirements are applied to both men and women.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 170 of the Penal Code may not provide adequate protection from sexual harassment in the workplace, as the burden of proof in criminal cases is very high. In addition, certain practices may not amount to behaviour punishable under this provision, but nevertheless constitute gender discrimination in the form of sexual harassment. In the absence of a reply to its previous comments on this matter, the Committee again requests the Government to take measures to define, prohibit and prevent sexual harassment in the workplace, taking into account the elements set out in the Committee’s 2002 general observation. It requests the Government to provide information on the measures taken or envisaged in this respect.

Direct and indirect discrimination. The Committee recalls that the Convention is intended to protect workers from direct and indirect discrimination. It requests the Government to indicate whether it is considering amending section 14 of the Labour Code to introduce an explicit prohibition of indirect discrimination in employment and occupation.

Discrimination on the ground of social origin. The Committee recalls its previous comments regarding the absence of an explicit reference to the ground of social origin in section 14 of the Labour Code prohibiting discrimination. It notes the Government’s statement that it will consider the possibility of amending the Labour Code with a view to accommodating the Committee’s concerns. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that in 2006, 56.4 per cent of the unemployed persons who received vocational training (approximately 25,000) were women. Among those who found employment after having received vocational training, 67.4 per cent were women. The Committee further notes that as of 1 January 2007, women accounted for 65.8 per cent of registered unemployed, down from 68.9 per cent as of 1 January 2006. The Committee requests the Government to continue to supply statistical information on the situation of men and women in the labour market, including data on the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors. It also asks the Government to continue to indicate the measures taken or envisaged to promote greater gender equality in employment and occupation. The Committee trusts that the plan to adopt gender equality legislation will be further pursued and requests the Government to provide information on any progress achieved in this regard.

Equality of opportunity and treatment irrespective of race, national extraction and religion. The Committee notes that no cases concerning discrimination on the basis of race, national extraction or religion were decided by the competent authorities. It considers that the lack of complaints filed before national authorities does not necessarily indicate an absence of discrimination against minority groups. It may, in fact, indicate that victims of discrimination are not sufficiently aware of their rights and the remedies provided by the legislation. The Committee also notes that according to the Government, no information is available on the labour market situation of persons belonging to national minorities due to the absence of legislation expressly providing for the collection of such data. The Committee encourages the Government to take steps to promote greater public awareness of the relevant legislative provisions as well as of the bodies competent to deal with complaints regarding ethnic or religious discrimination at work. It requests the Government to put in place appropriate measures that allow it to assess the position of ethnic minorities in the labour market, including through collection of appropriate data. Please also provide information on any other measure taken or envisaged to combat discrimination on the grounds of race, national extraction and religion and promote equal opportunities of members of ethnic or religious minorities in the labour market.

Migrant workers. With regard to the situation of migrant workers, the Committee notes the Government’s indication that in 2006 approximately 117,372 foreign nationals and 8,886 stateless persons were resident in the country. The Committee also notes that, under sections 10 and 11 of the Act concerning the legal status of foreign citizens and stateless persons, foreigners permanently resident in the country and lawfully engaged in employment enjoy the same social and economic rights as Belarus citizens. Recalling that all workers, even those in an irregular situation, shall enjoy basic human rights, including the right to equality of opportunity and treatment in employment and occupation, the Committee requests the Government to indicate whether any measures have been taken or envisaged to ensure that foreign workers are protected against discrimination at work based on race, colour, sex, religion and the other grounds covered by the Convention.

Article 3(d). Civil service. The Committee recalls its previous comments regarding section 10 of the Public Service Act, which provides for an examination of information concerning candidates for the public service by the State Secretariat of the Security Council of the Republic of Belarus. The Committee notes from the Government’s report that such examinations are carried out only with regard to a list of posts adopted by Presidential Order No. 644 of 8 November 2001, which includes the highest level public service posts, such as the post of Prime Minister, Deputy Prime Minister, Chairperson of the National Assembly’s Council, President of the Constitutional Court and the Supreme Court, Attorney-General, and ministers and chairpersons of state committees. The Committee also notes that these examinations aim at verifying information provided by the candidate, ascertaining suitability to the post, or pending criminal proceedings or convictions pronounced in respect of the candidate. The Committee further notes that no cases concerning sections 10 and 24 of the Public Service Act were brought before the courts during the period from 2004 to mid-2007. The Committee requests the Government to continue to provide information on the application of sections 10 and 24 of the Public Service Act, including information on any judicial or administrative decisions concerning these provisions.

Article 5. Special measures of protection. Working-time restrictions for women having children under 3 years of age. The Committee recalls its previous comments regarding the possibility of reviewing the existing legislation which limits the access of women having children under the age of 3 to certain types of work (overtime, work on public holidays, weekend work, business trips and night work). The Committee notes that following the amendments to the Labour Code introduced by Act No. 272-3 of 20 July 2007, which entered into force on 26 January 2008, section 263 of the Labour Code provides that women with children under 3 years of age can perform night work if they give their written consent. Similarly, women having children aged between 3 and 14 years, with their written consent can be employed to perform night work, overtime work, work on holidays and rest days, or can be sent on official missions. However, the Committee notes that the restrictions concerning the access of women having children under 3 years of age to overtime, work on public holidays, weekend work and business trips have been maintained. The Committee asks the Government to revise the remaining working-time restrictions on women with children under 3 years of age, which are not in accordance with the principle of equality. It also requests the Government to provide with its next report information on the implementation of section 263 of the Labour Code, including, when available, information on the number of women relying on this provision.

Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. The Committee recalls its previous comments regarding the prohibition of recruitment of women in a range of heavy manual work as well as work involving hazardous occupation conditions, as listed in the Council of Minister’s Decision No. 765 of 26 May 2000. The Committee notes the Government’s indication that employers may recruit a woman for work included in the abovementioned list provided that permission is obtained from the authorities. Such permission may be granted following an inspection attesting that steps have been taken to ensure safe working conditions in accordance with the “SanPiN 9-72 RB 98 standard” which sets out the safety and health requirements with regard to working conditions of women. The Committee requests the Government to supply more detailed information on the requirements established by the SanPin 9-72 RB 98 standard, along with a copy of it, as well as information on instances where the permission to hire women in work included in the list of heavy manual work and work involving hazardous conditions has been granted.

Parts III and IV of the report form. Enforcement.  The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(1) of the Convention. Sexual harassment. Recalling its 2002 general observation concerning sexual harassment, the Committee notes the Government’s indication that section 170 of the Penal Code provides for criminal liability for sexual assault and violations of sexual freedom. It also notes from the Government’s report that criminal cases involving sexual harassment at work were very rare. It also notes that these provisions may not provide adequate protection from sexual harassment in the workplace, as the criminal burden of proof is very high, and certain practices may not amount to behaviour punishable under section 170 of the Penal Code, but nevertheless constitute discrimination on the basis of sex in the form of sexual harassment. The Committee, therefore, encourages the Government to take specific measures to define, prohibit and prevent sexual harassment in the workplace, taking into account the elements set out in the Committee’s general observation, and to keep the Committee informed of any measures taken or envisaged.

2. Direct and indirect discrimination. Recalling that section 14 of the Labour Code defines discrimination as the imposition of any restriction of labour rights or the granting of any favour on the basis of certain grounds, the Committee hopes that this provision will be applied to cover indirect discrimination. Noting from the Government’s report that efforts are under way to amend and supplement the Labour Code, the Committee recommends that section 14 be amended with a view to explicitly prohibiting indirect discrimination in employment and occupation.

3. Discrimination the ground of social origin. The Committee recalls its previous comments concerning the absence of the prohibited ground of social origin in section 14 of the Labour Code, and reiterates its request to the Government to consider making explicit reference to this ground in the legislation, in accordance with Article 1(1)(a) of the Convention.

4. Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that the draft gender equality legislation envisaged in the National Plan of Action for Gender Equality was prepared by the Ministry of Labour and Social Protection in 2004. The Committee urges the Government to ensure that the new legislation will prohibit direct and indirect gender discrimination and promote gender equality in accordance with the Convention, and asks the Government to continue to provide information on the progress made in the adoption of the Act on Gender Equality, and to supply the text as soon as it is adopted. The Committee also requests the Government to continue to provide statistical information on the situation of men and women in the labour market, including sex-disaggregated data on labour force participation, training provided to unemployed persons, and the number of persons that re-entered the labour market following such training.

5. Equality of opportunity and treatment irrespective of race, national extraction and religion. The Committee thanks the Government for providing information on the activities of the Committee for Religious and Ethnic Affairs of the Council of Ministers to promote tolerance and prevent racial discrimination, including through law enforcement officials and educators. The Committee also notes the Government’s indication that no complaints had been brought before the Committee for Religious Affairs concerning infringements of labour rights on the basis of racial identity, religion or national extraction. The Committee requests the Government to continue to provide information on the measures taken to ensure equal treatment in employment and occupation of all persons irrespective of their racial or ethnic background and religion, including information on any cases of discrimination at work dealt with by the Committee for Religious and Ethnic Affairs, the courts and the labour inspection services. Finally, the Committee requests the Government to provide information on the labour market situation of persons belonging to national minorities and immigrants.

6. Article 3(d). Civil service. The Committee notes that section 24 of the Public Service Act, 2003, provides that no restrictions or advantages shall be allowed in respect of entry to or during public service based on sex, race, ethnicity, social background, property, religious affiliation, beliefs or membership in political parties or other public associations, except in cases specified by the Constitution of the Republic of Belarus. The Committee also notes that section 10 of the Act provides for an examination of information concerning candidates for the public service by the State Secretariat of the Security Council of the Republic of Belarus. The Committee requests the Government to indicate whether such examinations are being carried out in respect of all public service positions or whether they are limited to certain specific posts or functions and, if so, please indicate which posts or functions. The Committee also requests the Government to indicate the type of information that is being examined and the number of persons that have been excluded from public service employment as a result of an examination as envisaged under section 10. Please also provide information on any administrative or judicial decisions involving sections 10 and 24 of the Public Service Act.

7. Article 4. Measures affecting individuals suspected of activities prejudicial to state security. The Committee recalls that section 51 of the Criminal Code of the Republic of Belarus of 9 July 1999 provides that the right to hold certain positions or engage in certain activities may be forfeited by a decision of a court of law for a term of one to five years depending on the nature and gravity of the crime. The Committee noted previously that the court may pronounce such a forfeiture as additional punishment, provided that, based on the nature of the crime committed by a person by virtue of his or her position or a certain activity, the court deems it impossible to preserve the person’s right to hold a certain position or engage in a certain activity (section 51(2)). Noting that the Government has not yet replied to the Committee’s previous comments regarding this matter, the Committee once again requests the Government to provide detailed information on the application of section 51 of the Criminal Code by the courts, including information on the number and nature of cases in which it has been applied and the positions and activities involved.

8. Article 5. Special measures of protection. Working-time restrictions for women having children less than 3 years of age. The Committee recalls its previous comments concerning section 263 of the Labour Code which limits access of women having children under the age of 3 to certain types of work (overtime, work on public holidays, weekend work, business trips, and night work). It notes that legislative amendments have been prepared to permit women’s assignment to night work with the written consent of the women concerned, with a view to widening women’s opportunities in the labour market and to improving their competitiveness. The Committee requests the Government to continue to review, in consultation with the social partners, whether the remaining restrictions for women having children under the age of 3 are still necessary, taking into account the principle of gender equality and the need to promote a more equal sharing of family responsibilities between men and women. Please keep the Committee informed of any developments in this regard, including any legislative amendments.

9. Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. The Committee notes the list of heavy manual work and work involving hazardous occupational conditions in which the recruitment of women is prohibited, which was approved, in accordance with section 262 of the Labour Code, by the Council of Minster’s Decision No. 765 of 26 May 2000. The Committee notes that the list of work prohibited for women, as approved by Decision No. 765, is very extensive. It recalls that, following the resolution on equal opportunities and equal treatment for men and women in employment adopted by the International Labour Conference in 1985, special protection measures for women, which are based on stereotyped perceptions and their capacity and role in society, have been challenged, as they may give rise to violations of the principle of equality of opportunity and treatment. Such measures should be periodically reviewed to determine whether they are still necessary and appropriate in the light of technical developments and changing attitudes. The Committee requests the Government to indicate any measures taken or envisaged to review the list approved by Decision No. 765, in consultation with the social partners, and taking into account the principle of gender equality.

10. Part III of the report form. Labour inspection. The Committee notes the information provided by the Government concerning the mandate and tasks of the Department of State Labour Inspection. The Government also states that labour inspectors possess the necessary competence and knowledge to deal with equality and promote the application of the Convention. The Committee requests the Government to provide information on the specific activities carried out by labour inspectors to prevent, identify and resolve cases of discrimination.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its 2002 general observation and asks the Government to provide information on how sexual harassment is prohibited and prevented in employment and occupation.

2. Discrimination on the basis of social origin. The Committee notes that, with regard to discrimination on the basis of social origin, the Government states that the concept of "social origin" has become meaningless with the collapse of the old USSR. The Committee recalls that under the Convention social origin is listed as one of the grounds upon which discrimination is prohibited and that it refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future. The Committee notes that section 14 of the Labour Code prohibits discrimination on the basis of, among other grounds, "property status or official rank" which may cover some aspects of social origin discrimination. The Committee wishes to remind the Government that, while the concept of social origin may appear to be meaningless today, new forms of discrimination may emerge over time due to labour market and societal changes. It therefore asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of social origin. It hopes the Government will consider amending the Labour Code in future to include this ground of prohibited discrimination.

3. Direct and indirect discrimination. The Committee reiterates its request to the Government to confirm whether the Labour Code is intended to cover direct as well as indirect discrimination as required by the Convention.

4. Part V of the report form. Equality between men and women - Practical application. The Committee notes that women’s share amongst the newly registered unemployed persons increased from 46.1 per cent in 2001 to 50.9 per cent in 2002 but that the number of women to whom the State Employment Service was able to provide work also increased. The Government also indicates that the most serious problem currently affecting the labour market are the lay-offs and that more women than men have been laid off. The Committee further notes that of the unemployed persons who had been trained in 2002 and who found employment, 61.1 per cent were women and 74.5 per cent were men. However, the Government states that efforts are under way to provide vocational training for women with guaranteed job placement. The Committee notes the continued measures by the Government to provide assistance to single mothers and families with children and to improve the situation of women in the labour market through job placement, vocational training and the promotion of women entrepreneurs, and encourages the Government to continue its efforts in this area. The Committee requests the Government to provide information on the number of women that have found employment as a result of vocational training and on any measures taken or envisaged to address discrimination against women with regard to lay offs, and the results achieved.

5. Article 2. National policy. Equality between men and women. The Committee notes with interest the ratification by Belarus of the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and of the ILO Maternity Protection Convention, 2000 (No. 183). It also notes that the draft Act on Gender Equality (previously called the draft Act on Equal Opportunities) has been submitted to Parliament and defines various forms of discrimination, types of actions that violate the principle of equal opportunities for men and women and implementation mechanisms. The Committee asks the Government to provide a copy of the draft Act once adopted.

6. National policy - Race, national extraction and religion. The Committee notes the various provisions in the Constitution, the Labour Code, the Employment Act, the Education Act, the Penal Code and in the legislation concerning foreign nationals providing for equal rights and prohibiting discrimination on the basis of race, national origin and religion. It also notes that sections 1, 4, and 13 of Act No. 261 of 5 January 2004, to amend and supplement the Act on National Minorities of 1992 prohibit direct or indirect restrictions of the rights and freedoms of national minorities, and provide for prosecution by law of any actions directed at discrimination or restriction of rights on the basis of national extraction. The Committee asks the Government to provide detailed information on the practical effect given to non-discrimination and equality provisions in the abovementioned legislation, including any court decisions. Please also provide information on any measures taken or envisaged, including by the State Committee on Religious and Ethnic Affairs of the Council of Ministers, to promote equality of opportunity and treatment in access to vocational training, employment and working conditions without prejudice as to race, religion and national extraction.

7. Article 3(d). Application in the public service. The Committee notes the adoption of Act No. 204-Z of 14 June 2003 on the Public Service which it will examine at its next session. In the meantime, the Committee requests the Government to furnish information on how the national policy on equality of treatment and opportunities is pursued with respect to employment in the public service, and to indicate the percentage of men and women in the different occupations and levels of employment within the civil service.

8. Article 5. Special measures. In relation to its previous comments concerning the restrictions on women’s employment in sections 262 and 263 of the Labour Code and the implementing resolution No. 90 of 1994, the Committee notes that these provisions have remained unchanged. It hopes that the Government will take the opportunity of the gender-oriented legislative review carried out under the National Action Plan on Gender Equality to assess, in consultation with the social partners, the impact of these provisions on women’s employment so as to determine whether it is still necessary to limit access of women having children under the age of three to certain types of work and to prohibit access of all women to certain occupations. Please also provide the text of the 1994 resolution and information on the number of women who have been released from heavy or harmful work upon the recommendation by the Board of Labour Inspection Committee.

9. The Committee notes that the Government’s report does not provide any information on certain points raised in its previous direct request. It is therefore bound to repeat its previous comments in this regard which read as follows:

(a) Article 4. Measures affecting individuals suspected of activities prejudicial to state security. The Committee notes that section 51 of the Criminal Code of the Republic of Belarus of 9 July 1999 provides that the right to hold certain positions or engage in certain activities may be forfeited by a decision of a court of law for a term of one to five years depending on the nature and gravity of the crime. The Committee notes that the court may pronounce such a forfeiture as additional punishment, provided that, based on the nature of the crime committed by a person by virtue of his or her position or a certain activity, the court deems it impossible to preserve the person’s right to hold a certain position or engage in a certain activity (section 51(2)). The Committee requests the Government to provide detailed information on the application of section 51 of the Criminal Code by the courts, including information on the number and nature of cases in which it has been applied and the positions and activities involved.

(b) Labour inspection. The Committee notes from the Government’s report that labour inspections did not reveal any cases of employment discrimination and that no complaints in this respect were brought to the attention of the Labour Inspection Committee. While appreciating this information, the Committee requests the Government to indicate whether training has been provided to labour inspectors on issues of equality so as to provide them with the necessary knowledge to promote the application of the Convention in their activities.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. With reference to its previous comments, the Committee notes that the new Labour Code entered into force on 1 January 2000. It notes in particular that section 14 of the Code prohibits discrimination defined as any restriction of labour rights or advantage on the basis of sex, race, national origin, language, religion or political opinion, participation or non-participation in trade unions or other voluntary associations, property status or official duties, or impairments of a physical or mental character that do not prevent the person from performing the duties of the job. The Committee recalls its comments addressed to the Government concerning the previous Labour Code of 1992 on the need to expand the list of grounds of discrimination to include "social origin" and notes that the adoption of the new Labour Code has not been used to legislate all the grounds mentioned in the Convention. It therefore requests the Government to report on measures taken to implement section 14 of the Labour Code and ensure non-discrimination in practice on all grounds in the Convention, including social origin.

2. Recalling that the Convention prohibits direct and indirect discrimination, a concept that refers to situations in which apparently neutral regulations and practices result in inequalities on the basis of the grounds listed in the Convention, the Committee requests the Government to confirm that the new Labour Code is intended to cover direct and indirect discrimination as required under the Convention.

3. Discrimination on the basis of sex. The Committee notes the adoption of the second National Plan of Action to ensure gender equality for 2001-05, which includes a section on women in the economy. It notes that the plan envisages an ongoing gender-specific examination of current and planned legislation and provides for the elaboration of a draft Act on equal opportunities in 2002. The Committee invites the Government to provide it information on the progress made in the implementation of the National Plan of Action and the elaboration of the draft Act and to forward copies of the Act, as soon as adopted.

4. The Committee notes that the Government continues to pay special attention to the situation of women in the labour market and notes from the Government’s report that slight improvements have taken place in this respect during the last three years. The share of women in the composition of newly registered unemployed persons gradually decreased from 56 per cent in 1995 to 46 per cent in 2000. It also notes the information that, in 2000, the State Employment Service was able to provide 38.8 per cent of registered unemployed women with work and that the average duration of female unemployment decreased between 1997 and 2000 from 9.1 to 6.1 months. The Committee also notes that 57.9 per cent of those who received vocational training through the State Employment Promotion Fund, were women and that training was carried out in occupations and professions which are demanded on the labour market and which prepare for self employment. The Fund provided 920 women with loans and subsidies to organize their own businesses, which amounted to 58.5 per cent of all persons receiving such resources. The Committee also notes that between 1994 and 1999, the courts examined 29 suits for reinstatement in employment of pregnant women or women having children under three years of age which had been dismissed by their employers, out of which 17 suits were satisfied and nine cases settled voluntarily. The Committee takes note of this information and invites the Government to provide similar information on measures taken to promote equality of women in the labour market in the future. As regards its previous request for labour statistics disaggregated by sex, the Committee notes from the Government’s report that in 17 out of 25 ministries, the share of female employees exceeds 50 per cent, while in other ministries this share ranges from 30 per cent to 50 per cent. The Committee asks the Government to provide information on the percentage of women in the different occupations and levels of employment within the civil service, as well as such information in respect to the public and private sectors.

5. The Committee notes that under section 262 of the new Labour Code it is prohibited to employ women in heavy duty work and in work with harmful and hazardous working conditions, as well as underground work, except for certain types of underground work. It is understood that Resolution No. 90 of 29 July 1994 adopted by the Ministry of Labour on the list of heavy-duty work and work under harmful and hazardous conditions which is prohibited for women remains applicable, though the Committee had invited the Government to review its provisions which had resulted in 1,218 women losing their jobs during the period 1995-98. The Committee also notes that the new Labour Code maintains, in section 263, the prohibition to engage women having children under the age of three years in night work, overtime work, work on public and customary holidays, work on days off, or to send them on mission. By contrast, the Committee notes that women having children from 3 to 14 years of age can be engaged in these types of work with their consent and that parental leave to care for children up to three years can be requested by men and women on a equal basis (section 185 of the Labour Code).

6. In this context, the Committee recalls that, after consultation with employers’ and workers’ organizations, certain measures taken in regard to persons who require special protection may indeed be permissible under Article 5 of the Convention. The Government is invited to review the provisions of sections 262 and 263 and the related implementing regulations - in consultation with social partners and in particular women workers - to determine whether it is still necessary to limit the access of women having children under the age of 3 to certain types of work and to prohibit access of all women to certain occupations, particularly in view of the national policy on gender equality and the equal rights of men and women to take parental leave under section 185 of the Labour Code. In this respect, the Government’s attention is once again drawn to the relevant provisions contained in: (a) the Protocol, 1990, to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), along with the corresponding Recommendations; and (c) the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Government is also asked to provide the text of resolution No. 90 of 1994 on heavy-duty work and work under harmful and hazardous conditions. Noting that the Board of the Labour Inspection Committee has recommended to some enterprises to release women from heavy or harmful work, the Committee further requests the Government to continue to provide information on how many women have been released and from which jobs.

7. Measures affecting individuals suspected of activities prejudicial to state security. The Committee notes that section 51 of the Criminal Code of the Republic of Belarus of 9 July 1999 provides that the right to hold certain positions or engage in certain activities may be forfeited by a decision of a court of law for a term of one to five years depending on the nature and gravity of the crime. The Committee notes that the court may pronounce such a forfeiture as additional punishment, provided that, based on the nature of the crime committed by a person by virtue of his or her position or a certain activity, the court deems it impossible to preserve the person’s right to hold a certain position or engage in a certain activity (section 51(2)). The Committee requests the Government to provide detailed information on the application of section 51 of the Criminal Code by the courts, including information on the number and nature of cases in which it has been applied and the positions and activities involved.

8. Discrimination on the basis of grounds other than sex. Noting that the Government’s report provides no information concerning discrimination based on grounds other than sex, the Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in access to vocational training, employment and working conditions without prejudice as to race, religion, political opinion and national extraction.

9. Labour inspection. The Committee notes from the Government’s report that labour inspections did not reveal any cases of employment discrimination and that no complaints in this respect were brought to the attention of the Labour Inspection Committee. While appreciating this information, the Committee requests the Government to indicate whether training has been provided to labour inspectors on issues of equality so as to provide them with the necessary knowledge to promote the application of the Convention in their activities.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. In its previous comment, the Committee noted that, subsequent to the constitutional amendments that took place in 1996, a draft Labour Code aimed at revising the 1992 Code was being re-examined. The Committee notes that the Government's report gives no information on the progress of this draft which, according to the information available to the Committee, has not yet been adopted. It therefore requests the Government to supply information on the progress of the draft revision, particularly on the difficulties encountered in respect of its final adoption. The Committee would be grateful to receive a copy of the text as finally adopted.

2. Discrimination based on sex. The Committee notes the very detailed information supplied by the Government and the preoccupying picture it draws of the situation of women workers in Belarus. In fact, according to this information, although women generally have a higher level of education than men, in practice they are engaged mainly in lower-paid employment categories and it can be seen that the level of posts occupied successively by women is tending to deteriorate. The profound economic and social changes affecting the country, particularly the drastic decrease in the number of jobs available, have encouraged men to invade the sectors, such as banking, which were previously considered typically female to the detriment of the female labour force. This competition between men and women is reflected in the level of unemployment figures; hence, as at 1 January 1999, 66.7 per cent of the total female population of Belarus was registered at employment agencies as seeking work; 85.9 per cent of unemployed people today are women; and 47.9 per cent of unemployed women are between 20 and 34 years old. According to studies, women are the first to be dismissed and the last to be taken on and they remain unemployed for longer, on average. Finally, the women most likely to encounter difficulty in the employment and occupation field are pre-retirement age women, pregnant women, mothers of young children, disabled women, mothers with large families, single mothers and new graduates without work experience.

3. The Committee notes that the Government considers that, in view of this situation, even though all workers are affected by the economic crisis, the State should pay particular attention to women and has therefore taken a number of specific measures. First, it produces a yearly public employment programme which includes a series of measures to improve women's situation on the labour market. The measures taken under these yearly programmes are varied: they range from creating additional jobs to the development of vocational guidance, broadening the scope of professional and technical training for women to adapt to the evolution of the labour market and ensuring professional competitiveness of women and, in parallel, the development of teaching of activities traditionally considered to be female, priority given by employment agencies to placing unemployed women; defining employment quotas for single mothers, women with large families, mothers of minor children and disabled children to the development of distance teaching and evening classes, etc. The Government emphasizes that in monitoring compliance with labour legislation, stress is placed on the most vulnerable women workers (pregnant women, mothers of children under 3 years old and single mothers with children aged under 14 who have been dismissed by employers as part of staff cutbacks).

4. Noting that labour statistics are a precious tool for monitoring effectively the national policy established to eliminate discrimination and improve equality in employment on the labour market of any society, and that the Government has drawn the Committee's attention to the fact that it now has national statistical tools on employment, disaggregated by sex, the Committee would be grateful if the Government would send it recent labour statistics disaggregated by sex. In particular, it would be grateful to receive statistics on the number and grade of women engaged in the civil service, particularly in high-level posts.

5. The Committee notes that following the adoption in 1994 of a resolution prohibiting the engagement of women in certain fields considered to be difficult or dangerous, 1,218 women lost their jobs in the industrial sector during the period 1995-98. While appreciating that the abovementioned provisions tend to improve these workers' working conditions, the Committee notes that the Government recognizes that this decision has caused serious concern among the women workers concerned since the decision resulted in the loss of their jobs during a period of serious economic uncertainty, and a decrease in their social benefits, particularly the level of their future pensions. The Committee therefore invites the Government to envisage the possibility of reviewing these provisions -- in consultation with the social partners and particularly women workers -- in order to decide whether it is really necessary to prohibit access of women workers to certain occupations, bearing in mind the improved working conditions and also the changes that have taken place in mental attitudes. It also draws the Government's attention to the provisions in this respect contained in: (a) the Protocol, 1990, to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), along with the corresponding Recommendations; and (c) the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

6. Discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin. Noting that the Government's report provides no information on the application in practice of the Convention in regard to discrimination in employment and occupation made on criteria other than sex, the Committee once again requests the Government to supply information on the measures taken or envisaged to promote equality of opportunity and treatment in access to occupational training, employment and working conditions without prejudice as to race, colour, religion, political opinion, national extraction or social origin.

7. Noting that the Labour Inspection Committee has conducted mass inspections at plants belonging to the Ministries of Trade and Manufacturing, the Committee requests the Government to send extracts from the labour inspection reports concerning the application of the Convention in the public and private sectors.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information supplied by the Government in its report, in particular concerning the texts which apply the principles of the Convention (articles 14 and 22 of the 1994 Constitution have not been substantially changed by the amendments to that text which were made following the referendum of 24 November 1996). With reference to the draft Labour Code aimed at revising the 1992 Code and on which the Office has provided technical assistance, the Committee notes that it was approved by the Supreme Soviet at first reading in June 1996 and that, following the November 1996 referendum, is being re-examined in the light of the ensuing constitutional amendments. It asks the Government to inform it of the final adoption of the text together with any changes made to it during that process; it would also appreciate receiving a copy of the text once adopted.

2. The Committee notes that, in the framework of its policy to promote equality of opportunity and treatment for all, the Government adopted national plans of action to improve the situation of women for 1996-2000 as well as a national programme called The women of the Republic of Belarus. One of the four parts of that programme contains measures to improve the situation of women in the labour market, prevent female unemployment and increase their competitiveness. The Committee requests the Government to supply details on the concrete measures taken and the results obtained by these programmes, from the point of view of access to jobs, access to vocational training and terms and conditions of employment of women.

3. The Committee observes that the Government intends to fight against discrimination in employment which women suffer in practice by stressing education and training: women represent 51.9 per cent of students in higher education establishments, but men have higher skill levels. The Government indicates in its report that -- in order to increase job opportunities for women, particularly those with children -- new training has been introduced to develop those occupations seen to be "female" (farmers, secretary and typist with foreign languages, embroiderers and weavers) because greater diversity of occupations increases opportunities to find jobs. The Committee has also stressed the importance of training free from archaic attitudes and stereotypes that categorize jobs or occupations as "male" or "female". It therefore requests the Government to indicate the measures taken or envisaged to ensure that, in practice, education, vocational training and vocational guidance of girls and women is not restricted to the traditional areas of activity considered to be appropriate for them and, in addition, to encourage them to consider employment in sectors other than health, education and culture where they are already over-represented.

4. With reference to its previous direct request, the Committee trusts that the Government's next report will contain information on the practical programmes undertaken to promote equality of opportunity and treatment in employment and occupation without discrimination on the other grounds of the Convention besides sex, namely race, colour, religion, political opinion, national extraction and social origin.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's report and the statistics that it supplied concerning equality of opportunity and treatment between men and women in employment and occupation.

2. In its previous comments, the Committee requested the Government to indicate the measures that it envisaged taking to promote a national policy of equality between men and women (Article 2 of the Convention) with regard to access to employment and occupation, as well as the action taken to secure the acceptance of the policy by the public in general and by employers in particular (Article 3(a) and (b)). The Committee notes the information provided by the Government to the effect that it has taken certain measures to endeavour to remedy the inequalities faced by women in employment and occupation. The Committee notes that the annual employment programme for 1995 introduces a system of quotas for the social categories the most affected by unemployment, and particularly women with dependent children, as well as their priority access to training and retraining programmes. It also notes the Government's statement that it is in the process of establishing structures at the national and local levels in the legislative and executive bodies responsible for designing, coordinating and applying a policy to improve the status of women in all aspects of their life, including employment. By way of illustration, the Government cites the case of the information and policy centre on issues of equality between men and women that has been created in the Ministry of Social Security and which is responsible for: (a) providing technical and methodological information to the authorities and the general public on gender issues; (b) promoting contacts with the appropriate national and international organizations; and (c) promoting the application of a policy of equality between men and women at the national level. The Government emphasizes that one of the major objectives of the centre is the establishment of an Equal Opportunities Commission and states that a group of experts has been appointed to support the activities of the centre and implement the results of the examination of the legislation from the point of view of equality between men and women. The Committee requests the Government to keep it informed of the activities undertaken in relation to access to employment and occupation by the structures responsible for promoting equality between men and women in the legislative and executive bodies at the national and local levels, as well as the results achieved. In this respect, the Committee requests the Government to supply it with the results of the examination carried out by the centre of the legislation from the point of view of equality between men and women, and any recommendations that it may make.

3. The Committee hopes that the Government's next report will contain information on the policies and programmes undertaken to promote equality of opportunity and treatment in employment and occupation without discrimination on grounds of race, colour, religion, political opinion, national extraction or social origin, and the results achieved, taking into account the statistics on the ethnic composition of the country contained in United Nations document HRI/CORE/1/Add. 70 (dated 10 June 1996).

4. Finally, the Committee would be grateful to be kept informed of the adoption of the draft Labour Code, which revises the Code adopted in 1992, in relation to which the International Labour Office provided technical advice. It would also be grateful to receive a copy of the text when it has been adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report, including the copy of the Constitution and the statistical information which it had requested.

1. The Committee notes the Government's statement that, notwithstanding the fact that approximately half of the workers in 1993 were women, the number of women in supervisory positions and senior posts in enterprises and administrative bodies was proportionately low, due to a tendency among heads of undertakings, institutions and organizations to promote men instead of women. In addition, the Government indicates that in the prevailing economic crisis, employers seek first to terminate the employment of women (two-thirds of the total unemployed being women) and that "administrative measures taken to remedy the situation have little effect". The Committee requests the Government to indicate the measures it envisages to promote the national policy on equality between men and women (Article 2 of the Convention) regarding access to employment and to particular occupations of their choice, and the activities under way to sensitize the population at large and employers in particular with regard to this policy (Article 3(a) and (b)). In this connection, the Committee would refer the Government to paragraphs 164 and 168 of its 1988 General Survey on Equality in Employment and Occupation where it describes the success of affirmative action programmes in overcoming inequality in employment.

2. The Committee notes that the report contains no information on the policies and programmes pursued to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction. The Committee once again requests the Government to provide information on such policies and on the results achieved.

3. The Committee notes the Government's statement that it is in the process of adapting its labour statistics system to international standards, but that sufficient statistical information related to equality of opportunity and treatment in employment or occupation is not yet available. The Committee requests the Government to supply such statistics, if possible, in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read as follows:

1. The Committee notes the Government's statement that, notwithstanding the fact that approximately half of the workers in 1993 were women, the number of women in supervisory positions and senior posts in enterprises and administrative bodies was proportionately low, due to a tendency among heads of undertakings, institutions and organizations to promote men instead of women. In addition, the Government indicates that in the prevailing economic crisis, employers seek first to terminate the employment of women (two-thirds of the total unemployed being women) and that "administrative measures taken to remedy the situation have little effect". The Committee requests the Government to indicate the measures it envisages to promote the national policy on equality between men and women (Article 2 of the Convention) regarding access to employment and to particular occupations of their choice, and the activities under way to sensitize the population at large and employers in particular with regard to this policy (Article 3(a) and (b)). In this connection, the Committee would refer the Government to paragraphs 164 and 168 of its 1988 General Survey on Equality in Employment and Occupation where it describes the success of affirmative action programmes in overcoming inequality in employment.

2. The Committee notes that the report contains no information on the policies and programmes pursued to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction. The Committee once again requests the Government to provide information on such policies and on the results achieved.

3. The Committee notes the Government's statement that it is in the process of adapting its labour statistics system to international standards, but that sufficient statistical information related to equality of opportunity and treatment in employment or occupation is not yet available. The Committee requests the Government to supply such statistics, if possible, in its next report.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest that a new Labour Code is currently being drafted, revising the Labour Code adopted in 1992, and taking into consideration the Committee's previous comments on the need to expand the list of prohibited grounds of discrimination to include "social origin". The Committee requests the Government to inform it of the adoption of the draft which, it notes, has been submitted to the International Labour Office for technical advice. It would also appreciate receiving a copy of the text when adopted.

2. The Committee is addressing a request directly to the Government on a certain number of other points.

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

The Committee notes the information contained in the Government's report in reply to its previous request and, in particular, the provision of statistical information which had been requested.

1. Noting from the Government's report that the Constitution of the Republic of Belarus governs the equality of citizens in the exercise of their legal rights as well as their rights in employment and occupation, the Committee requests the Government to communicate a copy of the Constitution with its next report.

2. The Committee notes from the Government's report that approximately half of the workers in 1991 were women with the highest percentage of women working in credit and state insurance agencies, health care, physical education, social insurance, education, trade, public catering and computer services. The Committee would be grateful if the Government would continue to supply labour force statistics on women including their occupational participation rates. It also requests the Government to provide information on any measures taken or contemplated to ensure that women have equal opportunities in respect of access in employment and to particular occupations of their choice.

3. The Committee notes from the Government's report that in some occupations, the proportion of women in supervisory positions is approaching the proportion of women in those sectors, but in other occupations the number of female supervisory staff is clearly unsatisfactory. The Committee requests the Government to indicate the measures that are being taken to promote equality between men and women in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment and to indicate the results of those measures including statistical information.

4. The Committee again requests the Government to provide information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction and the results achieved.

5. The Committee further requests the Government to continue to provide information on any other measures taken or contemplated, particularly within the context of the reforms in the institutions and economic system of the country which directly or indirectly impact upon equality of opportunity and treatment in employment or occupation as provided for in the Convention, including copies of relevant legislative texts and court decisions.

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

The Committee notes the information contained in the Government's report in reply to its previous request.

1. The Committee notes with satisfaction the adoption, on 30 May 1991, of the Act of the Republic of Belarus on Employment which defines the fundamental principles of the State's employment policy and, in section 4, guarantees to all able-bodied citizens equal opportunities in the exercise of their right to work and free choice of employment irrespective of race, sex, religious attitude, age, political conviction, nationality and social position in accordance with the grounds set out in Article 1, paragraph 1(a), of the Convention.

2. The Committee notes that a new Labour Code was adopted on 15 December 1992 and communicated to the Office the last week of February 1993. The Committee will be able to examine it in detail only when a translation of the full text is available. However, it can already note that, in section 6 of the Code, discrimination is prohibited in hiring and in labour relations on the grounds of nationality, sex, race, language, religious or political convictions, membership or non-membership of trade unions or other social organizations as well as on grounds of physical and mental disabilities that do not preclude fulfilment of the required duties of the job. The Committee would be grateful if the Government would provide information on any measures taken or contemplated to extend the grounds prohibiting discrimination to include social origin, as well as to extend the prohibition of discrimination to access to training and to particular occupations, terms and conditions of employment and security of employment in accordance with the terms of the Convention.

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

The Committee refers the Government to its comments concerning the USSR. It would also draw attention to the following points.

1. The Committee notes that pursuant to the Order on the Introduction into Force of the Fundamental Principles Law of the USSR and Union Republics on Employment of Population of USSR of 15 January 1991, the Republics are to adapt their legislation to the provisions of the Fundamental Principles Law. It would be grateful if the Government would provide information on the measures taken or contemplated to adapt the legislation of the Byelorussian SSR accordingly. In this connection, the Committee would point out that article 32 of the Constitution of the Byelorussian SSR, which provides for equality before the law without distinction based on particular grounds does not refer to political opinion; nor do other provisions relating to equality of opportunity and treatment such as section 16 of the Labour Code of the Byelorussian SSR, while section 4 of the Fundamental Principles Law, concerning equality of opportunity, also covers "political conviction".

2. (i) With reference to its previous comments, the Committee requests the Government to provide, to the extent available, specific information and statistics on the relative proportion of men and women at various levels of responsibility, including managerial positions and other levels of decision-making authority, in different sectors of activity.

(ii) The Committee also requests the Government to provide information on the policies, programmes or other measures taken or pursued with a view to promoting equality of opportunity and treatment of men and women in employment and occupation, in regard to access to training; access to and security of employment; and terms and conditions of employment, particularly in the light of the adjustments which are taking place in the economy of Byelorussia.

3. The Committee reiterates its request for information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction.

4. The Committee requests the Government to continue to provide information on any other measures taken, or contemplated particularly within the framework of the new USSR Constitution and of the reforms in the institutions and economic system of the country which directly or indirectly impact upon equality of opportunity and treatment in employment or occupation as provided for in the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information provided by the Government in answer to its previous direct request.

1. In its previous comments, the Committee referred to a number of legislative texts concerning higher studies and employment in academic, teaching, managerial and specialist positions. It noted that the texts in question included conditions of a political and ideological nature among the qualifications required, and requested the Government to re-examine them in the light of the provisions of the Convention.

The Committee notes that a number of new texts have been issued on the above-mentioned matters. According to the Government's report, these new texts have been issued in conformity with fundamental principles for the reform of general and technical education (1984) and for the restructuring of higher and intermediate education (1987) and correspond to the requirements of Convention No. 111.

The Committee requests the Government to indicate whether the following texts mentioned in its previous comments have been repealed or modified by new provisions and, if so, to supply copies of the provisions which have replaced them:

- Decree No. 435 of 15 May 1973 on the procedure for filling positions in the professorial and teaching staffs of higher educational institutions;

- Decree No. 273 of 16 April 1974 of the USSR Council of Ministers on the attestation of teachers of general education schools;

- the methodological instructions for the verification of the quality of basic types of instruction at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational.Institutions, of 2 October 1978;

- Decree No. 1067 of 29 December 1975 of the USSR Council of Ministers concerning the procedure for awarding academic degrees and academic titles.

2. Please also indicate whether any new provisions have replaced or modified the provisions on the attestation of managerial and engineering-technical employees and other specialists in industry, agriculture, transportation and communications, mentioned in the Committee's previous comments (Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and the Decree governing the procedure for such attestation). Please provide copies of any such new texts.

3. The Committee has taken note of the regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies, approved by Order No. 153 of 5 March 1987. It notes that this procedure requires an appraisal (inter alia) of the political qualities of the workers concerned. It would appreciate more precise information on the categories of officials affected by these requirements, the range of state and social bodies to which they apply, and the reasons why political qualities are a condition for occupying the posts in question.

4. The Committee has taken note of the Act of the USSR of 30 June 1987 on state enterprises. It notes that, under section 6(1) of this Act, the Party organisation of an enterprise, as its political nucleus and within the framework of the Constitution of the USSR, is to guide the work of the entire collective, its self-management bodies, trade union and public organisations. According to section 8(1), staff is to be selected, placed and trained by the management and the Party organisation. Section 8(2) provides for the steady raising (inter alia) of the political level of the entire workforce. Section 8(3) requires the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities.

The Committee requests the Government to re-examine these provisions in the light of the requirements of Convention No. 111, and to indicate any measures taken or contemplated to ensure equality of opportunity and treatment, irrespective of political opinion, in regard to employment in state enterprises.

5. The Committee notes that article 32 of the Constitution of the Byelorussian SSR, which provides for equality before the law without distinction based on such grounds as origin, social status, race, sex, attitude to religion, etc., does not refer to political opinion. This criterion also is not mentioned in other provisions relating to equality of opportunity and treatment, such as section 16 of the Labour Code of the Byelorussian SSR and section 4 of the Byelorussian Education Act of 27 December 1974. The Committee requests the Government to indicate any measures taken or contemplated to ensure that the relevant constitutional provisions and legislative texts for implementing them in fields related to the application of Convention No. 111 cover all grounds of distinction enumerated in Article 1, paragraph 1(a), of the Convention.

6. The Committee has noted the information given in the Government's reports on Convention No. 122 regarding the participation of women in the labour force. It would appreciate more precise indications concerning the extent to which women occupy positions at senior levels of responsibility in different sectors of activity.

The Committee also requests the Government to provide information on the policies and programmes pursued, in the framework of the reconstruction of the country's economic system, with a view to promoting equality of opportunity and treatment of men and women in employment and occupation.

7. The Committee has noted the indications provided by the Government to the UN Committee on the Elimination of Racial Discrimination concerning the different nationalities and peoples who compose the population of the Byelorussian SSR. It would accordingly appreciate information on the policies and programmes pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction, more particularly as regards access to training, access to employment and to different occupations, and conditions of employment.