Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

The Government provided the following written information.

Articles 2 and 5. Equality between women and men and special protection measures

In accordance with article 37 of the Constitution of the Russian Federation, labour is free and everyone has the right freely to make use of his or her different aptitudes for work and choose a form of activity and occupation. Every person has the right to work in conditions that meet safety and health requirements. In addition, under section 3 of the Labour Code, everyone must have equal opportunities to exercise their rights at work. No one may be restricted in those rights and freedoms or obtain any advantage, irrespective of sex, race, colour, nationality, language, origins, property, family, social or occupational status, age, place of residence, religious beliefs, political convictions, membership or non-membership of public associations, or any other circumstance not connected with the worker’s personal qualities. Moreover, section 212 of the Labour Code requires employers to ensure safe and healthy working conditions for workers, both for men and for women. However, section 3 of the Labour Code provides that distinctions, exclusions, preferences or restrictions on workers’ rights that arise from federal law requirements in connection with the nature of the work, or reflect the concern of the State to assist those in need of greater social and legal protection, are not deemed to be discrimination.

The above provisions are implemented through the Labour Code with various special allowances and guarantees for women and other social groups in need of additional social protection. For example, section 253 of the Labour Code restricts the employment of women in heavy work and work in harmful or hazardous working conditions, and in underground work, except for light (non-physical) duties or work in connection with sanitary and domestic services. Employment of women to perform work involving the manual lifting and moving of heavy loads above a maximum limit is also prohibited. To this end, Government Order (postanovlenie) No. 162 of 25 February 2000 “approving the official List of tasks involving heavy work and work in harmful working conditions in which the employment of women is prohibited (hereinafter “the List”) was adopted.

Work by women is governed both by generally applicable provisions of labour legislation and by special provisions adopted to reflect their particular psychological and physiological characteristics and other socially significant factors. The Constitution of the Russian Federation, in accordance with the objectives of a State committed to social welfare, ensures protection of workers and of their health, support for mothers (article 7), the right to work in conditions that meet safety and health requirements (article 37(3)), and the right to health protection (article 41(1)). Maternity enjoys state protection (article 38(1)). The Labour Code (section 11(6)) contains special provisions relating to the employment of women.

Thus the employment of women in areas covered by the aforementioned List is conditional on the creation of safe working conditions. The List restricts the right of employers to employ women if safe working conditions have not been ensured, but not the right of women to carry out work in difficult, harmful or dangerous conditions. According to point 1 of the notes to the List, employers may decide to employ women in occupations or tasks included in the List provided that they ensure safe working conditions and that this is confirmed and certified through workplace inspections by the state labour inspection authorities and the public health authorities of the administrative territories of the Russian Federation. The restrictions apply as a rule not to particular occupations as a whole but only to specific types of work associated with a given occupation. The 456 specialized types of work in the 38 branches contained in the List represent only 4 per cent of all occupations and only about 2 per cent of all forms of economic activity. As applied to actual employment, these restrictions concern an even smaller proportion of workers and represent a fraction of one per cent of overall employment. Thus, where there are objective data to indicate that a woman working in an occupation on the List is exposed more than men to the potential effect of specific harmful factors, then prohibiting her employment in such work does not constitute discrimination inasmuch as it follows from the necessity of extra care with regard to her health, protection of which is guaranteed under the Constitution of the Russian Federation and international standards.

In order to allow a review of existing systems of protection and measures to ensure equal opportunity for women and men and equal protection of safety and health, work is being done to introduce an occupational risk management system at every work place and to involve the main social partners (State, employers and workers) in that system. The creation of an occupational risk management system should become the basis of an occupational safety and health management system for protecting workers at work. The aim of this should be to eliminate risks, or at least reduce them as far as possible, and raise the level of protection of all workers, irrespective of their gender. With that purpose in mind, a working group which includes representatives of all the social partners has drawn up a draft federal law to amend the Labour Code, in particular the definition of “occupational risk”, the establishment of the rights and obligations of parties to employment relationships linked to occupational risk management, and the establishment of a procedure for organizing work on the prevention of occupational illnesses and occupational rehabilitation of workers.

Public monitoring and examination of the components of the system for evaluating and managing occupational risks involves all the parties and representative bodies concerned in the development and planning of measures aimed at modernizing the current system of worker protection and social insurance, and in the examination of draft laws and regulations and trial implementation of decisions that have been adopted. In all this, the Coordination Committee for the Development and Implementation of a Programme of Action to improve Occupational Safety and Health, set up under the auspices of the Ministry of Health and Social Development, plays an important part, as does the Coordination Council for Small and Medium-Sized Enterprises, and self-regulated bodies.

Application of anti-discrimination provisions of the Labour Code

The rights of citizens in the Russian Federation who have suffered discrimination at work are protected exclusively by the courts. The Labour Code does not provide for the possibility of representations to the federal labour inspection authority, since that authority is not required, and has no authority, to exercise a jurisdictional function which is reserved for the courts. In addition, any moral harm caused by discrimination is a matter for compensation, and decisions concerning compensation can be taken only by courts.

On the other hand, in all cases in which workers make representations on discrimination at work to the Federal Labour and Employment Service and its regional departments, the state labour inspection authorities in the regions provide consultation sessions with workers and give clear guidance as to procedures for applying to the courts in connection with discrimination. Consultations are also arranged by the state labour inspection authorities for workers and employers on issues of observance of labour legislation and other laws and regulations containing labour law provisions, including those concerning discrimination.

Articles 2 and 3. Equality of opportunity and treatment of men and women

According to data from the Federal State Statistics Service (Rosstat), the number of working women in 2009 was 34,226,000 (49.4 per cent of the total working population in the Russian Federation, counted by main job), broken down into the different branches of the economy as follows:

-agriculture and forestry, hunting, fishing and fish breeding: 2,192,000;

-mining and quarrying: 279,000;

-manufacturing: 4,346,000;

-construction: 852,000;

-wholesale and retail trade, repair of vehicles and personal and household goods, hotels and restaurants: 7,691,000;

-transport and communications: 1,828,000;

-financial activities: 2,729,000;

-public administration and defence, compulsory social security: 2,171,000;

-education: 5,284,000;

-health care: 4,376,000;

-other economic activities: 1,827,000.

The number of working men was 35,059,000 in 2009, broken down into the different branches of the economy as follows:

-agriculture and forestry, hunting, fishing and fish breeding: 3,648,000;

-mining and quarrying: 1,098,000;

-manufacturing: 6,160,000;

-construction: 4,054,000;

-wholesale and retail trade, repair of vehicles and personal and household goods, hotels and restaurants: 4,293,000;

-transport and communications: 4,698,000;

-financial activities: 2,981,000;

-public administration and defence, compulsory social security: 3,387,000;

-education: 1,222,000;

-health care: 1,103,000;

-other economic activities: 832,000.

As at the end of March 2010, the employment rate (the share of the total population aged 15 to 72 that is employed) was 61.2 per cent. Men accounted for 66.4 per cent and women 56.7 per cent of the total. Women’s share of employment was 49.2 per cent.

Compliance with labour legislation with regard to women’s employment in the Russian Federation in 2009

In 2009, measures to identify and redress violations of women’s labour rights were carried out under the Action Plan of the Federal Service for Labour and Employment on inspection and supervision of compliance with labour legislation and other laws and regulations containing labour law provisions. A total of 3,818 inspections were thus carried out in order to inspect and supervise compliance with labour legislation related to women, during which 13,578 violations of labour legislation were identified and eliminated.

Where violations of labour legislation were found, employers were issued instructions (over 2,100 issued), administrative penalties were imposed on officials guilty of violations (over 1,600 fines were issued, totalling over 3,892,500 roubles). Over 2,000 employment contracts were concluded with women on the orders of state labour inspectors, and over 500 orders of dismissal of such workers were revoked.

In order to prevent violations of the labour rights of pregnant women and those on child care leave until the child reaches the age of three, the state labour inspectorates in the constituent units of the Russian Federation provide information and consultations to the parties to the employment relationship, including through telephone hotlines, web sites and the media. In addition, they have been instructed to give priority to handling complaints from pregnant women and those with children under the age of 3.

In addition, before the Committee, a Government representative recalled the provisions of the Constitution as well as those of the Labour Code that guaranteed the principle of non-discrimination in employment and the right to work in conditions that met safety and health requirements. He specified, however, that restrictions arising from federal law requirements in connection with the nature of the work, or reflecting the concern of the State to assist those in need of greater protection, were not deemed to be discrimination. As for Government Resolution No. 162 of 25 February 2000 approving the official list of tasks involving heavy work and work in harmful working conditions in which the employment of women is prohibited, it had been adopted in order to give effect to section 253 of the Labour Code which restricted the employment of women in heavy work, work in harmful or hazardous working conditions and in underground work. He noted that 456 specialized types of work in the 38 branches contained in the list represented only 4 per cent of all occupations and only about 2 per cent of all forms of economic activity. He added that, according to the Annex of Resolution No. 162, employers were allowed to employ women in occupations or tasks included in the list, provided that they ensured safe working conditions and that this was confirmed and certified through workplace inspections by the state labour inspection authorities and the public health authorities of the administrative territories of the Russian Federation.

Referring to the ongoing work for the review of existing systems of protection and measures to ensure equal opportunity for women and men, the speaker indicated that the intention was to introduce an occupational risk-management system at every workplace and to involve the social partners in that system. The objective was to eliminate or reduce risks and to raise the level of protection of all workers, irrespective of gender. To this end, a tripartite working group had prepared draft legislation amending the Labour Code, especially in matters related to occupational risk management, prevention of occupational illnesses and occupational rehabilitation of workers.

Turning to the question of the extra-judicial settlement of anti-discrimination claims, the speaker explained that the labour legislation did not provide for the possibility of anti-discrimination complaints to be filed with the labour inspection authorities as these authorities could not exercise judicial functions. In addition, compensation for moral damages for those who had suffered discrimination in employment could only be awarded by court decision. However, the labour inspection authorities and the Federal Labour and Employment Service and its regional departments provided guidance to workers concerning the procedure for filing court cases on discrimination.

Concerning women’s representation in the labour market, the speaker referred to the detailed statistical information provided by the Government in its written submission. He drew attention to the fact that statistics differed according to the sectors: whereas in the construction and mining sectors there were four times fewer women than men, in the health and education sectors, the situation was the opposite. Finally, he referred to labour inspection results for 2009 according to which 3,818 inspections were carried out, 13,578 violations of women’s labour rights were identified, and fines totalling over 3 million roubles had been imposed.

The Worker members enumerated the various points mentioned in the observation of the Committee of Experts and the relevant Articles of the Convention. With regard to equality between men and women and positive action measures, the Labour Code prohibited discrimination and established the principle that reasonable adaptation of working conditions or regulations in order to accommodate workers’ specific circumstances or needs did not constitute discrimination. That approach was understandable, but when “specific circumstances” applied to women workers as a whole, it became an abuse. Such was the case of Resolution No. 162, about which the Committee of Experts had expressed concern and which effectively prohibited women from entering 456 occupations in 38 sectors of the economy. The Committee of Experts did not agree with the arguments presented by the Government to justify the intended objective of the Resolution and had expressed doubt as to whether adequate measures were being taken within the framework of the Resolution to ensure application of the policy of equal working conditions for men and women. In that regard, the Worker members underlined that, legally, the approach embodied in Resolution No. 162 did not coincide with the concept of positive action, and that the Resolution went beyond the meaning of Article 5 of the Convention. Furthermore, it seemed that, under the guise of protecting women, no overall consideration was given to the improvement of occupational safety and health conditions for all workers.

The Worker members also noted the lack of genuine information provided by the Government, not only on proceedings before the civil courts and the outcome thereof, given that plaintiffs could no longer petition the labour inspectorate, but also on statistics and measures to ensure that men and women could access employment on an equal footing, in view of the highly segregated nature of the Russian labour market.

Lastly, with regard to equal opportunities for and treatment of ethnic minorities and indigenous peoples, the Worker members emphasized that, while Russians made up 80 per cent of the population, the Federation contained many other ethnic groups. The Government’s recognition that problems existed in that sphere, particularly in terms of the preferential treatment accorded by certain republics within the Federation to individuals belonging to the dominant ethnic group, was welcomed. Although the Constitution forbade discrimination, genuine and reliable measures should be taken to monitor implementation of the Labour Code and solve the issue of equal opportunity for and treatment of ethnic minorities and indigenous populations in the field of employment swiftly and unequivocally.

The Government should take into account universally recognized and accepted legal concepts concerning equality and non-discrimination and compare them in good faith to domestic legislation in order to find a satisfactory solution that respected the principles of nondiscrimination set out in Convention No. 111. In respect of any cases of discrimination identified, the Government should adopt simple and effective protection measures in the event of unfavourable treatment, ensure compensation for victims, and introduce rules concerning the burden of proof in order to add to the promotional measures already planned. One possible solution would be to create bodies responsible for promoting and monitoring application of the principle of equality of treatment in employment and occupation and assisting victims. In addition, such bodies could monitor statistics on discrimination observed in the labour market.

The Employer members thanked the Government for the information it provided to the Committee. They recalled that the Committee of Experts had made six observations with respect to this case which was being examined for the first time by the Conference Committee. They urged the Government, if it had not already done so, to provide all the necessary information addressing the issues raised by the Committee of Experts.

The Employer members further recalled that Resolution No. 162 excluded women from being employed in 456 occupations in 38 sectors of the economy. While noting the Government’s explanations, the Employer members stated that the Resolution raised many issues regarding equality of opportunity in employment and occupation of men and women, and that special measures for women that were based on stereotyped perceptions regarding their capacity and role in society violated the principle of equality of opportunity and treatment. Thus, the exclusion of women from work or employment on the basis that it involved hazardous or dangerous working conditions creating equal risks for men and women likely went beyond the permissible bounds of Convention No. 111. They were concerned that the impact of such regulations could hinder both women’s equality in the labour market and progress in ensuring that men and women had safe work environments.

Recalling the Committee of Experts’ observation that employment of women appeared to be concentrated in clerical occupations while women were underrepresented in senior positions, the Employer members urged the Government to take the necessary measures to ensure equal employment opportunities, strengthen the legal framework and amend Resolution No. 162. They also called for information on measures taken in this respect, including statistical information on the distribution of men and women in different sectors and industries and level of responsibility. Finally, they requested that the Government continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment of ethnic minorities and indigenous peoples through promotional measures and an appropriate legal framework in this respect.

The Employer member of the Russian Federation aligned herself with the statement of the Government representative and expressed the view that women needed special protection in cases of work in harmful or hazardous working conditions and that such protection could not be deemed discriminatory. With reference to Resolution No. 162 of 2000, she indicated that the text permitted employers to employ women in tasks included in the list of prohibited occupations on condition that they ensured safe working conditions and that this was certified by the state labour inspection authorities. Risk assessments were carried out at every workplace to ensure equal protection of safety and health standards for both women and men. She concluded by reiterating that, in the view of the employers of her country, Resolution No. 162 could not be considered discriminatory in nature.

The Worker member of the Russian Federation confirmed that there was a prohibition against women’s employment in certain occupations, but that this related to the protection of women’s reproductive health. As regards the possibility of filing anti-discrimination complaints only with the courts, he noted that it was very difficult to prove any such claim. The legislation should therefore be amended in this respect so that labour inspectors were given the opportunity to investigate cases of discrimination in employment and occupation.

The Government member of Uzbekistan stated that the issue of gender equality was one that was very important and topical to the Government of the Russian Federation. It was necessary to highlight that, as regards the application of Convention No. 111, the Russian Federation had provided the appropriate legal basis and framework for compliance, and ensured equality of opportunity for all, including the opportunity of employment in appropriate conditions. The Government sought to provide safe working conditions for both men and women and laws on gender equality had been adopted and implemented. Restricting access to certain types of work was not discriminatory. He expressed support for measures aimed at ensuring special protection for women workers. Government had provided a strong system of penalties to prevent and punish violations, including fines and administrative sanctions, thus ensuring that existing laws and administrative procedures were complied with in practice. He concluded by stating that the Government had given a clear picture with respect to the application of the Convention and that gender equality was fully applied both in law and in practice.

The Government representative thanked those speakers who participated in the discussion and indicated that his Government would take all the views expressed into account. The various legislative acts, including Resolution No. 162, were seeking to improve the economic and social situation in the country. He added that the Resolution had not been recently drafted, but rather was a legal text that had existed for a long time, and therefore expressed surprise at the timing of the discussion.

The Employer members stated that the prohibition of women working in certain occupations should be repealed, as this prohibition violated the principle of equality of opportunity in employment and occupation of men and women. They expressed the view that, despite the Government’s intention of protecting women from hazardous work, Resolution No. 162 hindered women’s equality in the labour market; women should be entitled to exercise free choice with respect to a decision to seek employment in those industries or not. They further observed that it would be unfortunate if the Resolution’s impact was to limit progress in ensuring that both women and men were provided a safe work environment, regardless of the industry or occupation, and they held that the conclusions should reflect these concerns.

The Worker members noted the written information provided by the Government and emphasized that certain positive elements in the case could have served to show the Government’s goodwill. However, in his response, by refusing to amend Resolution No. 162, the Government representative had shown the obstinacy of the approach adopted. It needed to be emphasized that there was no possible excuse for refusing to give effect to universally recognized and accepted legal concepts in the field of equality and non-discrimination, although there might still exist problems of a technical nature or related to human resources issues which were preventing a solution being found to the complex issue of non-discrimination and Convention No. 111. The question needed to be addressed with the social partners and, if necessary, with ILO assistance.

For that purpose, the Worker members proposed the establishment of a tripartite committee to revise and supplement the national legislation, with the following mandate: to introduce into the Labour Code complete and simple provisions to give effect to the concepts and procedures envisaged in the Convention for the benefit of workers from ethnic minorities; to provide for the effective compensation of victims and rules to facilitate the burden of proof; to take measures and undertake awareness-raising campaigns on the issue of discrimination and its prohibition; to establish bodies with the role of promoting and monitoring the implementation of the principle of equality of treatment in employment and occupation; and to entrust these bodies with the implementation of procedures to assist victims, in collaboration with the social partners. The Worker members called on the Government to provide information for the Committee of Experts’ session in 2011 on the establishment of this tripartite committee and the results achieved.

Conclusions

The Committee noted the oral and written information provided by the Government representative and the discussion that followed. It noted that the Committee of Experts had raised concerns regarding Resolution No. 162 of 25 February 2000, excluding women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Committee of Experts had also raised issues with respect to the enforcement of the non-discrimination provisions in the Labour Code, occupational gender segregation in the labour market, and the need to promote and ensure gender equality and equality of opportunity and treatment of ethnic minorities.

The Committee noted the statistical information provided by the Government on the representation of women and men in the different branches of the economy in 2009. It also noted the information regarding the legislation on non-discrimination and safe and healthy working conditions, and the reasons it was considered that the employment of women in certain areas should be made conditional upon the creation of safe working conditions, certified by the inspection authorities and the public health authorities. The Government also provided information on the steps being taken to review the existing system of safety and health protection, including the introduction of a workplace occupational risk management system involving the social partners. The Committee also noted the measures taken under the Action Plan of the Federal Service for Labour and Employment, and the role of the labour inspection authorities in providing guidance and consultation on legislation and procedures regarding non-discrimination.

The Committee noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involved equal health and safety risks to men and women. The Committee urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that could be undertaken by women was not based on stereotyped perceptions regarding their capacity and role in society and was strictly limited to measures to protect maternity. The Committee asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. Noting the highly gender segregated labour market, the Committee asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility.

The Committee urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework. The legal framework should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee requested the Government to include in its report to the Committee of Experts at its next session complete information replying to all the matters raised by this Committee and the Committee of Experts, including relevant statistical information disaggregated by sex.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Indirect discrimination. The Committee notes the explanations provided by the Government with regard to indirect discrimination. The Government states that the difficulties in ensuring protection from indirect discrimination in employment and occupation lie with finding appropriate wording for such provisions. The report also indicates that, rather than including a definition of indirect discrimination in the Labour Code, it might be possible to address the issue by means of a regulation. The Committee encourages the Government to explore this possibility further and to provide information on any measures taken to strengthen the Convention’s application with regard to indirect discrimination. Please also indicate whether the courts have issued any decisions involving instances or allegations of indirect discrimination.

Sexual harassment. The Committee notes that the Government did not reply to its previous comments concerning sexual harassment. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee asks the Government whether any consideration is being given to including legislative provisions defining and expressly prohibiting sexual harassment at work.

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

The Committee recalls its previous observation which addressed the following issues: (1) Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded; (2) the enforcement of the Labour Code’s non-discrimination provisions; (3) equality of opportunity and treatment for men and women; and (4) equality of opportunity and treatment of ethnic minorities and indigenous peoples.

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee raised concerns regarding Resolution No. 162 of 25 February 2000 which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involve equal health and safety risks to men and women, and it urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity. The Conference Committee asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. The Conference Committee also asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility, and it urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework, which should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee notes with regret that the Government’s report has not been received, despite the fact that the Conference Committee expressly requested the Government to include in its report to the Committee of Experts complete information replying to all the matters raised by the Conference Committee and the Committee of Experts, including relevant statistical information disaggregated by sex. In these circumstances, the Committee urges the Government to make every effort to reply to its previous comments, as well as to the conclusions of the Conference Committee.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Indirect discrimination. The Committee notes the explanations provided by the Government with regard to indirect discrimination. The Government states that the difficulties in ensuring protection from indirect discrimination in employment and occupation lie with finding appropriate wording for such provisions. The report also indicates that, rather than including a definition of indirect discrimination in the Labour Code, it might be possible to address the issue by means of a regulation. The Committee encourages the Government to explore this possibility further and to provide information on any measures taken to strengthen the Convention’s application with regard to indirect discrimination. Please also indicate whether the courts have issued any decisions involving instances or allegations of indirect discrimination.

Sexual harassment. The Committee notes that the Government did not reply to its previous comments concerning sexual harassment. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee asks the Government whether any consideration is being given to including legislative provisions defining and expressly prohibiting sexual harassment at work.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 and 5 of the Convention. Gender equality and special measures of protection. The Committee recalls its comments regarding Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded. The Resolution excludes women from being employed in 456 occupations in 38 sectors of industry. In its report, the Government states that the list contained in Resolution No. 162 is in accordance with section 253 of the Labour Code which provides that “the use of labour of women in arduous work and work in harmful and/or dangerous conditions, and also in underground work, except for non-physical work or work with regard to sanitary and domestic servicing, shall be limited”. The Government states that the list contained in Resolution No. 162 has been established on the basis of consultations with representatives of scientific and research institutes and that every restriction has been medically justified. The Government confirms that the list’s intention was not specifically to protect women’s reproductive health, but more broadly to “exclude women from such working conditions which generally do not correspond to the requirements of life and health protection of workers”. The Government points out that, in accordance with Resolution No. 162, the employer may decide to assign women to work included on the list provided that the employer creates safe working conditions and these are certified as safe by the competent state authorities. In the Government’s view, Resolution No. 162 did not require any changes as it did not establish unjustified restrictions.

The Committee maintains that Resolution No. 162 raises issues with regard to equality of opportunity and treatment in employment and occupation of men and women. It recalls that the Convention aims at promoting and ensuring equality of men and women, inter alia, in respect of terms and conditions of employment, including regarding occupational safety and health measures. The Convention therefore requires the Government to provide occupational safety and health protection to men and women on an equal footing. However, the approach embodied in Resolution No. 162 raises doubts as to whether adequate measures are being taken to provide such equal protection. Further, the Committee recalls that, where special measures of protection for women within the meaning of Article 5 of the Convention are being taken, it must be ascertained that exclusions from employment opportunities are limited to cases where this is strictly necessary to protect women’s reproductive health and that the measures are proportional to the nature and the scope of the protection needed. The Committee considers that the exclusion of women from any work or employment due to arduous, hazardous or dangerous working conditions that involve equal risks for men and women goes beyond what is permitted under Article 5. On this basis, the Committee also remains concerned that broad exclusions from employment opportunities due to occupational safety and health concerns that only apply to women not only have a discriminatory effect on women’s equality in the labour market, but may also hinder further progress in providing healthy and safe working environments to men and women. The Committee therefore urges the Government to take the necessary steps to review the current system of protective measures excluding women from employment opportunities with a view to ensuring equal opportunities for women and men and equal protection of health and safety, and provide information on the action taken in this regard. Please also include information on the measures taken to consult workers’ and employers’ organizations and the results of such consultations.

Enforcement of the Labour Code’s non-discrimination provisions. The Committee previously noted that, following the 2006 amendments to the Labour Code, persons considering themselves to be discriminated against in the sphere of labour can no longer petition the labour inspectorate. In this connection, the Committee notes the Government’s explanation to the effect that due to the special nature of labour disputes regarding discrimination, it was considered preferable to have such matters decided by the courts through civil legal proceedings, rather than by the labour inspectorate through administrative proceedings. Accordingly, the legislation does not permit the Federal Service on Labour and Employment to settle disputes regarding discrimination. The Committee requests the Government to provide information on the number of cases concerning discrimination in employment and occupation brought before the court under the Labour Code, and on the outcome of such cases. In addition, noting that the broad mandate of the Federal Service on Labour and Employment would not appear to exclude it from providing information and at least advice on the prohibition of discrimination to workers and employers, the Committee requests the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to provide such advice.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from statistical data compiled by the ILO that in 2008 the rate of economically active women (over 15 years of age and older) was 56.1 per cent, compared to a rate of 70.4 per cent for men. The Committee notes that the labour market in the Russian Federation remains highly segregated, with women being concentrated in clerical occupations and underrepresented in senior positions. The Committee also notes that the Government’s report contains no reply to the Committee’s previous comments requesting information on the measures taken to promote equal opportunities of men and women in employment and occupation, including information on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Committee therefore reiterates its request to the Government to supply the requested information, as well as updated detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

The Committee notes the Government’s confirmation that a draft Federal Law on state guarantees of equal rights and freedoms and equal opportunities for men and women in the Russian Federation has been adopted by the State Duma in a first reading. However, the report highlights that a number of issues have arisen in the course of the elaboration of the draft Law. More specifically, the Government indicates that some of the provisions should rather be included in the federal Constitution. The Government also notes that there are overlaps with legislation already in force and uncertainties as to which government body would be in charge of supervision. The Government adds that it would be preferable to introduce amendments to the Labour Code instead. The Committee hopes that further efforts will be made to strengthen the legal framework in the Russian Federation to promote and ensure gender equality in employment and occupation and requests the Government to provide information on the measures taken and progress made in this regard.

Equality of opportunity and treatment of ethnic minorities and indigenous peoples. In its report, the Government refers to the Constitution which requires the State to guarantee the equality of human and citizens’ rights, regardless of race, nationality, language, origin, place of residence, religion and prohibits “all forms of limitations of human rights on social, racial, national, linguistic or religious grounds” (article 19). The Government also acknowledges that a number of constituent republics of the Russian Federation are built on “national and territorial principles”, which explains some of the problems in these republics with regard to preferences being given to people belonging to the locally predominant ethnic group. The Government considers that these problems cannot be overcome by legal means. It states that with a view to overcoming “discriminatory trends in the field of employment and occupation” and to build harmonious inter-ethnic relations, it is necessary to encourage ethnic associations created under the Federal Law on National and Cultural Autonomy, 1996, to participate in addressing these problems. In this connection, the Committee also notes that the UN Committee on the Elimination of Racial Discrimination has recently recommended that measures be taken to address discrimination against ethnic minority workers in respect of recruitment (CERD/C/RUS/CO/19, 20 August 2008, paragraph 25). The Committee welcomes the Government’s acknowledgement that there is a need for measures promoting non-discrimination in employment and occupation based on ethnic or national origin and to promote tolerance between the various ethnic groups in the country. The Committee shares the Government’s view that promotional measures involving civil society organizations is important, but it also stresses the need to provide effective legal protection from discrimination. The Committee recommends that measures be taken to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds. It requests the Government to continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment of ethnic minorities through promotional measures as well as effective enforcement of the legislation. It reiterates its request to the Government to provide information with regard to equal opportunities and treatment in employment and occupation of the indigenous peoples.

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

[The Government is asked to supply full particulars to conference at its 99th Session and to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes the information provided by the Government concerning the draft law on “State guarantees of equal rights and freedoms and equal opportunities of men and women in the Russian Federation” which is still under consideration by the State Duma. The legislation will introduce for the first time, a definition of discrimination and will also establish mechanisms for the promotion of gender equality. The Government is requested to continue to provide information on the progress made in the preparation of the gender equality legislation and to supply a copy of the text of the legislation, as soon as it is enacted.

2. Indirect discrimination. In its previous comments the Committee stressed the need to address indirect discrimination in employment and occupation. In the absence of a reply to these comments, the Committee once again requests the Government to indicate whether section 3 of the Labour Code prohibits indirect discrimination. The Committee requests the Government to ensure that indirect discrimination in employment and occupation is prohibited by legislation, and to provide for definitions of direct and indirect discrimination in the envisaged gender equality legislation and the Labour Code. Please indicate the specific steps taken in this regard.

3. Sexual harassment. The Committee notes that according to the government report “sexual coercion” is implicitly covered by section 3 of the Labour Code. The Committee also notes the example provided of an enterprise that has prohibited sexual solicitation in its internal rules of conduct. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee requests the Government to consider including in the legislation provisions defining and prohibiting sexual harassment, in accordance with the Committee’s 2002 general observation on this issue. In this context, the Government is asked to ensure that the definition of sexual harassment covers all types of sexual harassment (including harassment resulting from a hostile environment), and not only those which involve coercion or solicitation.

4. Situation of men and women in the labour market. The Committee notes that according to the Government’s report, working women have a higher level of education than working men and that among employees holding managerial positions, about 40 per cent are women. Women remain highly concentrated in sectors such as health, social work, culture or education (up to 80 per cent), while their proportion in other traditionally female-dominated sectors has been decreasing (commerce, catering, credit and finance), which is explained by the Government with the rising wages in these sectors, making them attractive to men. In May 2006, 46.3 per cent of the unemployed were women.

5. The Committee notes that the Government has continued to take numerous measures to promote women’s employment, including through vocational training and assistance in the establishment of their own enterprises. However, the information provided does not elaborate on how these measures address occupational segregation based on sex. The Committee requests the Government to continue to provide information on the measures taken to promote equal opportunities of men and women in employment and occupation, including on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Government is requested to provide more detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes with interest that the amendments of 30 June 2006 to the Labour Code included age as a new prohibited ground of discrimination in section 64 which prohibits “direct and indirect limitations whatsoever of rights or establishment of direct or indirect preferences when concluding a labour contract”. In addition, the ground of family status was added to the list of grounds mentioned in section 3 (“Prohibition of discrimination in the sphere of labour”). The Committee requests the Government to indicate whether these additional grounds have been determined in consultation with workers’ and employers’ organizations, in accordance with Article 1(1)(b) of the Convention. It also asks the Government to continue to provide information on the measures taken to eliminate discrimination in employment and occupation based on age and family status.

2. Enforcement. The Committee recalls that under section 3 of the Labour Code persons considering themselves to be discriminated against in the sphere of labour previously had a choice to petition the labour inspectorate or to bring a court case. However, section 3 as amended on 30 June 2006, no longer provides for the possibility to petition the labour inspectorate. The Committee requests the Government to indicate the reasons for no longer allowing petitions to the labour inspectorate in relation to section 3, and the practical consequences for workers wanting to bring discrimination claims. Please also provide information on any other measures taken by the labour inspectorate to address workplace discrimination, as well as on any cases concerning discrimination in employment and occupation brought before the courts (number, facts, rulings, remedies provided and sanctions imposed).

3. Articles 2 and 3. Equality of opportunity and treatment of ethnic minorities and indigenous peoples. The Committee recalls that the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented under Articles 2 and 3 of the Convention should address all forms of discrimination covered by the Convention. The Committee notes that the Government, despite repeated requests by the Committee, has not yet provided information on practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee, therefore, requests the Government once again to provide such information in its next report. In this regard, please indicate the position in the labour market of the different ethnic minorities and indigenous peoples, including the measures taken to strengthen their access to training and employment.

4. Article 5. Special measures of protection. The Committee notes that section 253 of the Labour Code, as amended on 30 June 2006, provides that “the use of labour of women in arduous work and work in harmful and/or dangerous conditions, and also in underground work, except for non-physical work or work with regard to sanitary and domestic servicing, shall be limited”. The Committee also notes that resolution No. 162, adopted by the Government on 25 February 2000 which contains the list of industries, occupations and work from which women are excluded, in accordance with section 253 of the Labour Code, appears to remain in force. According to the report, the resolution excludes women from 456 occupations in 38 sectors of industry. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society violate the principle of equality of opportunity and treatment. The Committee also notes that protective measures should be limited to protecting the reproductive capacity of women, and should be proportional to the nature and scope of the protection needed. Recalling its repeated requests in this regard, the Committee once again requests the Government to supply a copy of resolution No. 162, in order to allow the Committee to examine this matter further. In addition, the Committee requests the Government to ensure that protective measures are limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. Please indicate in this context whether any steps are being taken to review the list established in resolution No. 162.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Indirect discrimination. The Committee stresses the importance of addressing indirect employment discrimination. It therefore reiterates its request to the Government to indicate whether the prohibition of discrimination contained in section 3 of the Labour Code covers both direct and indirect discrimination.

2. Sexual harassment. The Committee notes from the Government’s report that the labour legislation does not include explicit provisions on sexual harassment. However, sexual harassment is considered to be a form of sex discrimination prohibited under section 3 of the Labour Code. Further, the right of employees to protection of their dignity is recognized as a principle of regulation of labour relations under section 2, which may serve as a legal basis for the elaboration and implementation of measures against sexual harassment at the enterprise level. The Committee requests the Government to continue to provide information on any measures taken or envisaged to prohibit and address sexual harassment at work. Please also provide examples of action taken at the enterprise level to combat sexual harassment.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee is concerned to note from the Government’s most recent report on the application of Convention No. 100 that women are enjoying fewer and fewer opportunities to pursue a professional career and to enhance their qualifications. According to the report, the number of female employees in lower grades is twice that of men. The Committee also notes that, in 2003, the labour inspectors have dealt with some 30,800 violations of specific provisions in the labour legislation concerning the employment of women, and with 32,302 violations of this kind in 2004. While the Committee welcomes the fact that efforts are being made to ensure the application of labour legislation, the Committee urges the Government to also take concrete and proactive steps, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation. The Committee requests the Government to provide in its next report information on:

(a)   any cases of direct or indirect sex discrimination addressed by the competent authorities under section 3 of the Labour Code, including indications on how these cases have been resolved;

(b)    any measures taken to combat discriminatory job advertisements establishing exclusions based on sex and age which, according to the Government’s report, is a widespread practice in the country;

(c)    how the implementation of the National Plan of Action to Improve the Status of Women and Increase their Role in Society in 2001-05 has contributed to the improvement of the situation of women in employment and occupation, including through combating horizontal and vertical labour market segregation based on sex;

(d)   statistical data on the participation of men and women in employment in the various sectors, occupations and levels of responsibility;

(e)    the status of the draft federal law on “State Guarantees of Equal Rights and Freedom and Equal Opportunities, for Men and Women in the Russian Federation” to which the United Nations Committee on Economic, Social and Cultural Rights has referred in its Concluding Observations of 2003 (E/C.12/1/Add.94, 12 December 2003); and

(f)    any other steps taken to promote equal opportunities of men and women in employment and occupation.

4. Measures of protection. Recalling its previous comments concerning section 253 of the Labour Code, the Committee reiterates its request to the Government to submit a copy of the list of heavy-duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is restricted, which was approved by Decision No. 162 of 25 February 2000.

5. Discrimination on the grounds of race, colour and national extraction. Recalling its previous comments, the Committee requests the Government to provide, in its next report, information on the practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. In this regard, please indicate the position in the labour market of the different national or ethnic minorities and any measures taken to strengthen their equal access to training and employment.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Indirect discrimination. The Committee stresses the importance of addressing indirect employment discrimination. It therefore reiterates its request to the Government to indicate whether the prohibition of discrimination contained in section 3 of the Labour Code covers both direct and indirect discrimination.

2. Sexual harassment. The Committee notes from the Government’s report that the labour legislation does not include explicit provisions on sexual harassment. However, sexual harassment is considered to be a form of sex discrimination prohibited under section 3 of the Labour Code. Further, the right of employees to protection of their dignity is recognized as a principle of regulation of labour relations under section 2, which may serve as a legal basis for the elaboration and implementation of measures against sexual harassment at the enterprise level. The Committee requests the Government to continue to provide information on any measures taken or envisaged to prohibit and address sexual harassment at work. Please also provide examples of action taken at the enterprise level to combat sexual harassment.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee is concerned to note from the Government’s most recent report on the application of Convention No. 100 that women are enjoying fewer and fewer opportunities to pursue a professional career and to enhance their qualifications. According to the report, the number of female employees in lower grades is twice that of men. The Committee also notes that, in 2003, the labour inspectors have dealt with some 30,800 violations of specific provisions in the labour legislation concerning the employment of women, and with 32,302 violations of this kind in 2004. While the Committee welcomes the fact that efforts are being made to ensure the application of labour legislation, the Committee urges the Government to also take concrete and proactive steps, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation. The Committee requests the Government to provide in its next report information on:

(a)  any cases of direct or indirect sex discrimination addressed by the competent authorities under section 3 of the Labour Code, including indications on how these cases have been resolved;

(b)  any measures taken to combat discriminatory job advertisements establishing exclusions based on sex and age which, according to the Government’s report, is a widespread practice in the country;

(c)  how the implementation of the National Plan of Action to Improve the Status of Women and Increase their Role in Society in 2001-05 has contributed to the improvement of the situation of women in employment and occupation, including through combating horizontal and vertical labour market segregation based on sex;

(d)  statistical data on the participation of men and women in employment in the various sectors, occupations and levels of responsibility;

(e)  the status of the draft federal law on "State Guarantees of Equal Rights and Freedom and Equal Opportunities, for Men and Women in the Russian Federation" to which the United Nations Committee on Economic, Social and Cultural Rights has referred in its Concluding Observations of 2003 (E/C.12/1/Add.94, 12 December 2003); and

(f)  any other steps taken to promote equal opportunities of men and women in employment and occupation.

4. Measures of protection. Recalling its previous comments concerning section 253 of the Labour Code, the Committee reiterates its request to the Government to submit a copy of the list of heavy-duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is restricted, which was approved by Decision No. 162 of 25 February 2000.

5. Discrimination on the grounds of race, colour and national extraction. Recalling its previous comments, the Committee requests the Government to provide, in its next report, information on the practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. In this regard, please indicate the position in the labour market of the different national or ethnic minorities and any measures taken to strengthen their equal access to training and employment.

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

The Committee notes the information provided for in the report.

1. The Committee notes that a draft of the federal specialized programme on the employment promotion of the population of the Russian Federation 2002-05 is being elaborated and will include a gender-specific examination of the Russian legislation concerning labour rights. It requests the Government to indicate the result of this examination and any follow-up action taken.

2. The Committee notes that section 253 of the new Labour Code refers to the types of work in which female labour is restricted and that the list of heavy duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is prohibited was approved by Decision No. 162 of 25 February 2000. The Government states that the list of activities in which the employment of women is prohibited under the 2000 Decision provides for a flexible approach to this prohibition as compared to the list of prohibited occupations used in the past, and that the employer may employ women in case of creating safe working conditions that are verified by the State Inspection of Working Conditions. The Committee asks the Government to indicate how this flexibility is applied in practice and to provide a copy of the decision of 2000.

3. The Committee notes that the Government’s report does not contain information relevant to some of its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request, which read as follows:

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 includes 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.

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 interaction between the Government and the ethnic communities, the Committee requests the Government to keep it informed on the work of this Committee.

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

1. The Committee takes note of the promulgation of the new Labour Code adopted by the State Duma on 30 December 2001, which entered into force in February 2002. The Committee notes that section 3 of the Labour Code states that no one may be restricted in his (or her) labour rights and freedoms or receive any kind of advantage, irrespective of gender, race, skin colour, nationality, language, origin, material, social and employment status, age, place of residence, religious beliefs, political convictions and affiliation or non-affiliation with social associations and of other circumstances not related to an employee’s occupational qualifications. With reference to its previous comments concerning the omission of certain grounds, the Committee notes with interest that provisions of the new Labour Code cover all of the grounds of discrimination prohibited by the Convention. The Committee welcomes this development and requests the Government to provide information on the application and impact in practice of the new Labour Code on equality in employment and occupation, as well as on the enforcement of its non-discrimination provisions on all grounds.

2. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to confirm whether section 3 of the new Labour Code is intended to cover both direct and indirect discrimination as required by the Convention.

3. In this context, the Committee notes the concern of the Committee on the Elimination of Discrimination Against Women at the "deteriorating situation of women in employment, with women’s share in highly paid sectors decreasing, and at increasing industrial and occupational segregation, with women constituting the overwhelming majority of the workers in low-paying jobs in health care, education, culture and social security [...] the level of women’s pay in the economy as a whole is only 65 per cent of men’s; that de facto discrimination against women persists in hiring, especially in the private sector; and, that in the State Service, women constitute 55 per cent of public servants but occupy only 9 per cent of leadership positions and 1.3 per cent of high leadership positions" (CEDAW/C/2002/CRP.3/Add.3 of 28 January 2002). The Committee asks the Government to continue providing information on the measures taken or envisaged to improve the situation of women in the labour market, to promote their access to employment and decision-making positions and to improve their working conditions.

In addition, a request regarding other points is being addressed directly to the Government.

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.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. As noted in its observation, the Committee hopes that the draft new Labour Code will be adopted, taking into account the technical assistance provided by the Office. In the meantime, the Committee recalls that the 1992 Act to amend the Labour Code supplemented section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection, are not considered to constitute discrimination. The Government indicates that these protective measures are to cover training and employment for persons of pre-conscription age and persons taking correspondence or evening educational courses. The Committee requests the Government to provide information on what measures might be covered by the reference to "employment ... which correspond(s) to the particular needs of the State" and to indicate whether any changes are envisaged in the new Labour Code concerning these provisions.

2. The Committee notes the information supplied on job placement for women (e.g. job reservations for women in several regions, administered by the regional employment authorities, up to 25 per cent in the Chelyabinsk region) and asks the Government to continue to inform it of these, and similar, measures. For example, how many women have taken part in the "New Start" programme set up for the long-term unemployed? Moreover, noting from the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/USR/4 of 15 November 1994) that, although women constitute more than half the staff of the organs of executive power at the federal level, the representation of women in executive posts is still low, the Committee requests the Government to indicate the measures taken to promote equal access of men and women to senior posts in executive and managerial bodies.

3. The Committee notes that the Government asks for more details on the texts referred to in point 3 of the Committee's last direct request, so as to be able to comment. It recalls that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers concerned the introduction of the attestation of managerial and engineering-technical employees and other specialists of enterprises and organizations of industry, agriculture, transport and communication and that Order No. 153 of 5 March 1987 contained regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies. It requests the Government to indicate, in its next report, whether these texts are still in force, and if so, to provide details on the measures being taken to bring them into full conformity with the provisions of the Convention.

4. The Committee repeats its request for information on the policies, programmes or any other measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion and national extraction, particularly in light of the adjustments taking place in the economy of the Russian Federation.

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

The Committee notes the information provided in the Government's report, including the detailed statistics on the relative proportion of men and women in different sectors of activity, and information on the monitoring function of the Federal Inspectorate of Labour attached to the Ministry of Labour in relation to the Basic Principles Act on Employment.

1. As noted in its observation, the Committee hopes that the draft new Labour Code will be adopted, taking into account the technical assistance provided by the Office. In the meantime, the Committee recalls that the 1992 Act to amend the Labour Code supplemented section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection, are not considered to constitute discrimination. The Government indicates that these protective measures are to cover training and employment for persons of pre-conscription age and persons taking correspondence or evening educational courses. The Committee requests the Government to provide information on what measures might be covered by the reference to "employment ... which correspond(s) to the particular needs of the State" and to indicate whether any changes are envisaged in the new Labour Code concerning these provisions.

2. The Committee notes the information supplied on job placement for women (e.g. job reservations for women in several regions, administered by the regional employment authorities, up to 25 per cent in the Chelyabinsk region) and asks the Government to continue to inform it of these, and similar, measures. For example, how many women have taken part in the "New Start" programme set up for the long-term unemployed? Moreover, noting from the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/USR/4 of 15 November 1994) that, although women constitute more than half the staff of the organs of executive power at the federal level, the representation of women in executive posts is still low, the Committee requests the Government to indicate the measures taken to promote equal access of men and women to senior posts in executive and managerial bodies.

3. The Committee notes that the Government asks for more details on the texts referred to in point 3 of the Committee's last direct request, so as to be able to comment. It recalls that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers concerned the introduction of the attestation of managerial and engineering-technical employees and other specialists of enterprises and organizations of industry, agriculture, transport and communication and that Order No. 153 of 5 March 1987 contained regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies. It requests the Government to indicate, in its next report, whether these texts are still in force, and if so, to provide details on the measures being taken to bring them into full conformity with the provisions of the Convention.

4. The Committee repeats its request for information on the policies, programmes or any other measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion and national extraction, particularly in light of the adjustments taking place in the economy of the Russian Federation.

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

The Committee notes the information contained in the Government's report in reply to its previous comments, including the detailed statistical information.

1. The Committee notes that the new Constitution, adopted on 12 December 1993, in article 19, guarantees equality of rights and liberties irrespective of sex, race, nationality, language, origin, property or employment, residence, attitude to religion, convictions, membership of public associations or any other circumstance. The Committee also notes the Government's statement that the term "political opinion", one of the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, is covered by the terms "convictions" and "membership of public associations" found in the Constitution. The Committee would ask the Government to clarify that "convictions" covers this ground since "membership of public associations" might not ensure sufficient protection, by not covering persons who, although they may not belong to a certain public association, nevertheless hold and/or express political opinions. Appropriate additions to the new draft Labour Code would make it clear that all the grounds of the Convention are covered.

2. The Committee would appreciate receiving information on progress in the adoption of the new draft Labour Code, on which the Office's technical assistance was provided in 1993.

3. The Committee recalls that in its previous observation it noted that section 5 of the Act on Employment, amended in July 1992, provides that the national policy on employment shall ensure equality of opportunity and treatment in employment to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes. The Committee notes that the new draft Labour Code mentioned above is worded in a similar manner. Recalling that Article 1, paragraph 1(a), of the Convention also prohibits discrimination on the basis of race and colour, the Committee repeats its request to the Government to provide information on the measures taken to ensure the promotion of equal opportunity and treatment in employment for persons belonging to different racial groups.

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

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the new Constitution, adopted on 12 December 1993, in article 19, guarantees equality of rights and liberties irrespective of sex, race, nationality, language, origin, property or employment, residence, attitude to religion, convictions, membership of public associations or any other circumstance. The Committee also notes the Government's statement that the term "political opinion", one of the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, is covered by the terms "convictions" and "membership of public associations" found in the Constitution. The Committee would ask the Government to clarify that "convictions" covers this ground since "membership of public associations" might not ensure sufficient protection, by not covering persons who, although they may not belong to a certain public association, nevertheless hold and/or express political opinions. Appropriate additions to the new draft Labour Code would make it clear that all the grounds of the Convention are covered. 2. The Committee would appreciate receiving information on progress in the adoption of the new draft Labour Code, on which the Office's technical assistance was provided in 1993. 3. The Committee recalls that in its previous observation it noted that section 5 of the Act on Employment, amended in July 1992, provides that the national policy on employment shall ensure equality of opportunity and treatment in employment to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes. The Committee notes that the new draft Labour Code mentioned above is worded in a similar manner. Recalling that Article 1, paragraph 1(a), of the Convention also prohibits discrimination on the basis of race and colour, the Committee repeats its request to the Government to provide information on the measures taken to ensure the promotion of equal opportunity and treatment in employment for persons belonging to different racial groups. 4. The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Further to its observation, the Committee, noting that the Government's report contains no information in reply to its previous direct request, wishes to make the following comments:

1. The Committee notes that the Law of the Russian Federation Amending and Supplementing the Labour Code, dated 25 September 1992, supplements section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection are not considered to constitute discrimination. It would be grateful if the Government would provide information on the meaning of the exception concerning measures that would be appropriate to the conditions of work and the types of measures that would be covered by this exception.

2. Noting the enabling provisions for supervisory authorities and liability for breach of employment legislation, set out in sections 41 to 44 in the Basic Principles Law on Population Employment, as modified by Decree No. 3306-1 of 15 July 1992, the Committee requests the Government to indicate the manner in which the application of the legislation is supervised and enforced, including any sanctions that may be imposed.

3. The Committee refers to its previous comments concerning Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and Order No. 153 of 5 March 1987 and hopes that the next report of the Government will be able to report that measures have been taken to bring these texts into full conformity with the provisions of the Convention.

4. (i) With reference to the parliamentary hearings held on the practical implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the adoption of a decision aimed at ensuring equality of employment and occupational opportunity, the Committee requests the Government to indicate the measures taken to implement the above decision including the collection and publication of statistics which would ensure a fair analysis of the position of women in employment and to supply copies of such statistics with its next report. It further requests the Government to supply information on the relative proportion of men and women at various levels of responsibility in different sectors of activity.

(ii) The Committee recalls that an official programme to improve the situation of women and families with a view to eliminating inequalities between male and female workers with family responsibilities was under study. It would be grateful if the Government would indicate the results of this study and whether such a programme has been established.

(iii) The Committee must reiterate its request to provide information on the policies, programmes or any other measures taken to prevent discrimination and to promote equality of opportunity and treatment between men and women in employment and occupation and on the results obtained in respect of access to vocational training and retraining, access to and security of employment, and terms and conditions of employment, particularly in light of the adjustments taking place in the economy of the Russian Federation.

5. The Committee once again reiterates its request for information on the policies and programmes currently being pursued to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction.

6. The Committee requests the Government to continue to provide information on any other measures taken, or contemplated, particularly within the framework of the new Federation and the reforms in the country's institutions and economic system, which directly or indirectly affect equality of opportunity and treatment in employment as provided for in the Convention and any measures that have been taken by the republics (territories) in this regard.

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.

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

Further to its observation, the Committee wishes to make the following comments:

1. The Committee notes, from the information supplied in the Government's last report, that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and Order No. 153 of 5 March 1987 appear to be still in force. In view of the review of existing legislation due to take place pursuant to the Order on the introduction into effect of the Fundamental Principles Law of USSR and Union Republics on Employment of Population of the USSR, which provide for equality of opportunity in employment irrespective, inter alia, of political conviction, the Committee hopes that the Government will take into consideration the Committee's previous comments and that the next report will contain information on the measures taken to bring the above-mentioned texts into full conformity with the new Fundamental Principles Law and the provisions of the Convention. In this connection, the Committee requests information on the steps taken to ensure that such a review is carried out at the Republic level as well.

2. The Committee notes with interest the creation in 1990 of the USSR Committee on Constitutional Supervision and, in particular, the Conclusion adopted by this body on 21 July 1990 "on the non-conformity of standards of legislation excluding judicial review of individual labour disputes of a number of categories of employees with the provisions of the Constitution of the USSR, the laws of the USSR and the international human rights documents" which, according to the Government's report, rescinded many legislative acts limiting the judicial protection of the labour rights of a number of categories of workers, ensures citizens equality of opportunity for judicial protection of their labour rights, and covers the application of the Convention. The Committee would be grateful if the Government would provide more specific information on the nature of the judicial protection now afforded to workers, the categories of workers protected, as well as on how the Conclusion will be applied in practice. It also requests the Government to continue to provide information on other action and measures taken by this Committee on constitutional supervision concerning the application of the Convention.

3. (i) The Committee notes with interest the information provided in the Government's report concerning the parliamentary hearings on the practical implementation of the United Nations Convention on the Elimination of All forms of Discrimination Against Women which were held in October 1990, and the adoption of a decision aimed at immediately ensuring equality of employment and occupational opportunity and treatment to women, and the publication of statistics to ensure a fair analysis of their position in society. The Committee notes that such statistics are not yet available but requests the Government nevertheless 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 further notes from the information supplied by the Government to the United Nations Committee on the Elimination of Racial Discrimination in document CERD/C/197/Add. 1, of 2 August 1990, that a new law has been adopted in April 1990 concerning emergency measures favourable to women, maternity, youth and the family. It requests the Government to supply a copy of this law with its next report and to indicate how it has been applied in practice. The Committee also notes with interest, from the same document, that an official programme to improve the situation of women and families is under study with a view to eliminating inequalities between male and female workers having family responsibilities. It requests the Government to keep it informed of the progress of this study and its results and hopes that the study will also be undertaken with a view to promoting equality of opportunity and treatment in employment and occupation on the basis of sex in compliance with the terms of the Convention.

(iii) The Committee also requests the Government to continue 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 the USSR.

4. 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. In this connection, the Committee notes from the information submitted by the Government to the UN Committee on the Elimination of Racial Discrimination at its Thirty-eighth Session (CERD/C/197/Add. 1, 2 August 1990) that the Supreme Soviet of the USSR is giving considerable attention to questions of relations between nationalities and that permanent committees in the Council of Nationalities have been set up on, inter alia, nationalities policy and relations between nationalities. The Committee requests the Government to provide information on the measures taken or contemplated in this regard which have a bearing on the application of the Convention.

5. 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 country's institutions and economic system, which directly or indirectly affect equality of opportunity and treatment in employment or occupation as provided for in the Convention.

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

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

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

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

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

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

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

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

1. In its previous comments, the Committee had referred to several legislative texts which specified ideological and political qualifications among the requirements for filling various positions in teaching establishments and other sectors of the economy and for obtaining academic degrees and titles. It had observed that the provisions in question made it possible for equality of opportunity and treatment in employment and occupation to be impaired by distinctions based on political opinion.

The Committee notes the information provided by the Government, according to which recently adopted texts, particularly those concerning the evaluation of workers, had been drafted with due regard to the provisions of Convention No. 111, avoiding any superfluous political terminology and placing emphasis on the professional qualifications and experience of workers. The Committee draws the attention of the Government to the following points:

(a)The Committee notes the Government's statement that Decree No. 435 of 15 May 1973 on the procedure for filling positions in the professorial and teaching staffs of higher educational establishments is no longer in force, and that new texts, issued in accordance with the reform of general and technical educational schools (1984) and of higher and intermediate education (1987), correspond more closely to the provisions of Convention No. 111, by providing for the selection of staff on the basis of an evaluation only of professional qualifications and quality of performance. The Committee requests the Government to furnish copies of the new texts regulating these matters.

(b)Please also indicate whether the new texts referred to above have also repealed or modified the other legislative provisions in the field of education to which the Committee had referred in its previous comments, namely:

- 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.

(c)The Committee notes the Government's statement that new provisions are in the course of preparation concerning the Higher Accreditation Commission in the field of education, and that the texts on this question will be communicated, once adopted.

(d)Please 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 of such attestation). Please provide copies of any such new texts, and also of the decree on attestation, No. 528/334 of 22 October 1979 (if still in force).

2. 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, on the ground that senior officials of State and social bodies cannot be apolitical but must take an interest in the internal and external politics of the State. The Committee would appreciate more precise indications of the categories of officials affected by these requirements, and of the range of State and social bodies to which they apply.

3. The Committee notes, from the information provided to the Human Rights Committee in October 1989 (document CCPR/C/52/Add.6) that a new Constitution is being prepared in the USSR, which will, inter alia, guarantee inalienable human rights and the security and legal protection of the individual, as well as equality before the law of all citizens.

The Committee would particularly appreciate information on the progress made in drawing up the new constitutional provisions. It recalls that Article 34 of the Constitution of the USSR of 1977, 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 the Fundamental Principles of Labour Legislation of the USSR and Union Republics (section 9), the Fundamental Principles of Legislation on Public Education of the USSR and Union Republics, as amended by the Act of 27 November 1985 (section 4) and the Act of 30 June 1987 on nation-wide discussion of important aspects of state activities (section 6). The Committee notes that, in their statements to the Human Rights Committee in October 1989, the Government's representatives recognised the need to modify national legislation on this point. It hopes that the new constitutional provisions and legislative texts for implementing them in fields relevant to the application of Convention No. 111 will accordingly be drafted so as to cover all grounds of discrimination enumerated in Article 1, paragraph 1(a) of the Convention.

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 other 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 notes, further, that the participation of representatives of Party organisations in decisions affecting the selection and evaluation of workers remains a general characteristic of texts relating to employment. According to the Government's report, this is a reflection of the principles of political organisation of the USSR: the role and functions of the Communist Party, distinctive of the one-party system, are anchored in the Party's constitution and programme, according to which the activities of the Party organisations are directed not to struggle with other communal bodies but to the consolidation of all creative forces.

The Committee would appreciate information on any changes which may be contemplated in regard to these matters, in the framework of the discussions on a new Constitution and of reforms in the country's institutions and economic system.

5. In its previous observation, the Committee referred to information communicated by the International Confederation of Free Trade Unions in July 1986, alleging that a number of named individuals had been dismissed from their employment after they or members of their families had applied to emigrate, and that other named persons had been sentenced to imprisonment because of their involvement in movements concerned with emigration rights or because they had been found guilty of leading a parasitic way of life although they had been engaged in private teaching work.

On this matter, the Government has referred to the information contained in the report which it submitted in 1987 on Convention No. 29, according to which:

- a decision of the Council of Ministers of the USSR of 28 August 1986 to supplement the regulations on entry into and departure from the USSR, which entered into force on 1 January 1987, had considerably simplified the formalities connected with departure;

- during the first seven months of 1987 the departure of 13,000 persons, including most of those named by the ICFTU, had been authorised; about 200 of those authorised to leave had decided not to do so, for personal reasons;

- most of those mentioned by the ICFTU, notwithstanding temporary rejection of their applications to leave, had continued to work in their special fields, and in various instances had even been promoted.

The Government also provided information concerning the criminal charges on which certain of those mentioned by the ICFTU had been convicted. It pointed out that most of those listed by the ICFTU had been released before serving their full sentence by decision of the Presidium of the Supreme Soviet of the USSR in response to their applications for pardon or under the amnesty granted on the 70th anniversary of the USSR.

The Committee has taken note of this information.

6. The Committee has noted the information provided by the Government concerning the participation of women in the labour force and the numbers of women holding various types of academic qualifications and occupying positions in higher education and scientific work. It would appreciate more precise information on the relative proportion of men and women at various levels of responsibility in different sectors of activity.

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

7. Having regard to the numerous ethnic groups of which the population of the USSR is composed, the Committee would also appreciate 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, more particularly as regards:

- access to training;

- access to employment and to different occupations;

- conditions of employment.

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

The Committee has noted the information provided by the Government in its report for the period ending 30 June 1988, as well as the indications on a number of more recent developments contained in the reports and statements made to the UN Human Rights Committee at its 37th Session in October 1989 and in the press in recent months. It hopes that the next report will indicate the measures taken on the points raised in its previous comments, which it recalls in a request addressed directly to the Government.