All Comments

Article 1 of the Convention. Prohibition of discrimination. Legislation. In reply to its comments, the Committee notes the Government’s statement that article 9 of the Labour Code prohibits both direct and indirect discrimination at all stages of employment, and social origin is a protected ground under the Labour Code. The Committee asks the Government to indicate the measures taken to raise awareness of the anti-discrimination provisions of the Constitution and the Labour Code and to promote effectively equality in employment and occupation.

Scope of application. Public sector. The Committee notes that the Government’s report does not contain any information on equality and non-discrimination in law and in practice in the public sector. Recalling that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”, the Committee asks once again the Government to provide information on any protection against discrimination provided specifically to workers in the public sector, including those covered by Act No. 114 of 11 August 2004 on the Public Service.

Discrimination based on sex. Indirect discrimination. The Committee recalls that in the Act on Gender Equality of 31 January 2003, which prohibits and provides for the definition of “overt” and “hidden” gender discrimination, the definitions provided are narrower than the concept of indirect discrimination. It further recalls that indirect discrimination falls within the scope of the Convention and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on the fundamental Conventions, 2012, paragraphs 743 and 745). In the absence of information in the Government’s report, the Committee asks the Government once again to indicate whether any steps have been taken to define and prohibit indirect gender-based discrimination more explicitly in the Act on Gender Equality.

Sexual harassment. The Committee recalls that the definition of “sexual harassment” in section 1 of the Act on Gender Equality is too restrictive and does not cover the whole range of behaviours constituting quid pro quo and hostile work environment sexual harassment. It further recalls that the definitions of sexual harassment contain the following elements: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; and (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient (see General Survey of 2012, paragraph 789). The Committee notes that the Government’s report does not contain any information in reply to the Committee’s comments in this regard but merely indicates that it is the legal duty of the employer to take steps to prevent sexual harassment. The Committee is bound to reiterate its request to the Government to indicate the steps taken or envisaged to: (i) include in the legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment; and (ii) raise awareness among employers, workers and their respective organizations of all the forms of sexual harassment, at the national, local or workplace levels, including in the public sector, through media campaigns or public conferences for example.

Exclusion of women from certain categories of work. The Committee recalls that, under sections 218 and 303 of the Labour Code, it is prohibited to employ women for certain categories of work and that Resolution of the Government of the Kyrgyz Republic No. 158 of 24 March 2000 established a list of up to 400 jobs and tasks, with harmful and (or) dangerous working conditions, in which it is prohibited to employ women. The Committee notes the Government’s indication that, as part of the current reform of the labour law, work is under way to review this list. In this regard, the Committee points out that a major shift has occurred over time, moving from a purely protective approach to the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Protective measures for women must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). In light of the above considerations, and within the framework of the ongoing labour law reform, the Committee asks the Government to take steps to: (i) amend the Labour Code, in particular sections 218 and 303, to ensure that any restrictions to women’s access to certain categories of work is strictly limited to the protection of maternity and does not apply to women in general; (ii) review the list of industries, jobs, professions and positions with harmful and/or dangerous working conditions, in which it is prohibited to employ women, established by Government Resolution No. 158 of 24 March 2000; and (iii) review and amend any other gender-based discriminatory legal provisions, including in the Law of 2003 on Labour Protection, restricting the employment of women.

Ethnic minorities. The Committee notes that the Government’s report does not contain any reply to its previous comments on measures adopted to address discrimination or inequalities faced by ethnic minorities, including through affirmative action measures as foreseen by the Constitution. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, expressed concerned about “the prevalence of stereotyping and stigmatization of ethnic minorities, including Uzbeks, Turks, Uighurs and Mugat”, and requested the Government “to strengthen its efforts, including through education, culture and awareness-raising campaigns, to combat ethnic or racial stereotypes and stigma, with a view to promoting tolerance and understanding”. The CERD was also “concerned about the low level of enjoyment of economic and social rights by certain ethnic groups, in particular the extremely low living standard of the Mugat, characterized by a high unemployment rate, low school attendance and high rates of school dropout, especially among girls”, and “discrimination against Uzbeks in access to work” (CERD/C/KGZ/CO/8-10, 30 May 2018, paragraphs 17, 18(a), 23(a) and (c) and 24). The Committee asks the Government to take steps to address discrimination and inequalities faced by ethnic minorities, in particular the Uzbek and Mugat minorities, to ensure that they have access to education, vocational training and employment on an equal footing with other sections of the population, and that any violations of the principle of equality is duly sanctioned. The Committee also asks the Government to adopt awareness-raising measures with a view to eliminating racial stereotypes and prejudices and to provide information on the initiatives undertaken in this regard.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy on gender equality. The Committee notes the Government’s indication that Directive No. 35 of 2 May 2019 of the Ministry of Labour and Social Development (MLSD) established an Inter-Agency Working Group to develop recommendations to implement amendments to the legislation in force and laws and regulations on criminal liability for gender discrimination and violence in the sphere of work and service relations. The Committee also notes from the Report “Beijing+25: National-level review of the Kyrgyz Republic on the implementation of the Beijing Declaration and Beijing Platform for Action” (the Beijing+25 Report) that “there is a downward trend in women’s economic activity: from 50.4 per cent in 2014 to 45.9 per cent in 2017” and the unemployment rate for women was 8.9 per cent against men’s unemployment of 5.6 per cent. The Committee further notes from this report that, in 2017, a gender analysis of employment legislation and legal mechanisms and instruments to overcome existing barriers for women in the labour market conducted under the auspices of the MLSD showed that, despite the declared prohibition of discrimination by sex or gender, certain elements of discrimination persist both at the legislation level and in the labour market in practice, such as refusal to employ pregnant women and women with young children, lower wages for women, and factors that prevent women from having certain jobs and exercising their employment rights in certain occupations. The analysis included a survey that confirmed the vulnerable status of women in employment. The Committee notes that the National Strategy for Achieving Gender Equality until 2020 (NSAGE 2020), which was adopted by Government Decree No. 443 of 27 June 2012, is currently operationalized by the Fifth Plan for Achieving Gender Equality for 2018–2020 (PAGE 2018–2020). This Plan provides for measures to promote the employment of women, to address gender discrimination and stereotypes through work targeting different social, ethnic and religious groups to eliminate patriarchal views on the roles of women and men in the family and society, to identify discriminatory practices in employment and work relations of pilot ministries, etc. Welcoming all the measures envisaged in the PAGE 2018–2020 to promote and realize gender equality in employment and occupation, the Committee asks the Government to provide detailed information on the manner in which such measures are implemented in practice, in particular measures taken to eliminate gender stereotypes, address horizontal and vertical occupational gender segregation and increase employment opportunities for women, including women from ethnic minorities, in all sectors. The Committee asks the Government to provide information on any steps taken to assess the results of the NSAGE 2020 and PAGE 2018–2020 and to review national gender equality plans accordingly. It also asks the Government to provide information on the recommendations issued by the above-mentioned Inter-Agency Working Group on gender discrimination and violence in employment and occupation.

Equal access to vocational training and education for men and women. The Committee notes the Government’s indication that the system for initial vocational education is aimed at training skilled specialists according to the needs of the labour market and, as of January 2019, it included 30 per cent of girls. There are 56 per cent of young women in secondary vocational education institutions and 53 per cent in higher education institutions. The Committee notes however from the Beijing+25 Report that “the country still has gender segregation in the choice of careers available in higher education: women usually choose humanities, pedagogy (86.6 per cent), healthcare and social sciences (74.8 per cent) and men choose engineering and technology sciences, for example, transport (91 per cent)”. According to this report, “young women and girls, especially from ethnic and religious minorities, face substantial barriers in continuing their education”. The Committee asks the Government to indicate the steps taken or envisaged to ensure that education and vocational guidance is provided free from considerations based on gender stereotypes or prejudices and gender segregation. The Committee also asks the Government to provide information on any barriers identified for girls and young women, including from ethnic or religious minorities, to continue their education in schools and vocational institutions and the measures taken to overcome such obstacles, including through awareness-raising at the community level.

Article 3(a). Cooperation with workers’ and employers’ organizations. Collective agreements. The Committee notes the Government’s indication that representatives of the Federation of Trade Unions of Kyrgyzstan participated in the development of the above-mentioned Plan to Achieve Gender Equality. The Government indicates that, at the first women’s trade union conference for workers in the construction and building materials industry, the introduction of a gender-based approach when concluding collective agreements was discussed and it was recommended to include a “women’s section” in collective agreements providing for labour and social benefits for women. The Government also indicates that, out of 100 primary organizations, two already have such sections in their collective agreements that reflect the needs of women, who enjoy the benefits granted. While welcoming this initiative, the Committee would like to draw the Government’s attention to the importance to implement a gender equality approach, which takes into account the principles in relation to gender-based discrimination explained above and hereafter, so as to ensure that the measures foreseen in “women’s sections in collective agreements do not reproduce gender stereotypes, in particular with respect to family responsibilities, and therefore do not provide additional barriers to the recruitment and employment of women. The Committee asks the Government to continue to provide information on the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation and the manner in which they are involved in efforts to promote the Act on Gender Equality. The Committee also asks the Government to provide more detailed information on the content of “women’s sections” in collective agreements and the measures envisaged therein.

Article 5. Special measures of assistance. Workers with family responsibilities. The Committee recalls that the Labour Code provides for special measures for women workers with children under 3 years of age with respect to night work, overtime, work on weekends, etc. (sections 97 and 304). While noting the Government’s indication that such measures are extended to fathers raising children without a mother and to guardians of minors, the Committee must reiterate that when legislation, collective agreements or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). If not, such measures may constitute obstacles to the recruitment and employment of women and are contrary to the principle of gender equality in employment and occupation. The Committee further notes from the Beijing+25 Report that the NSAGE until 2020 “stresses the uneven distribution of reproductive and family obligations as a factor contributing to economic dependence and vulnerability of women”. Welcoming the Government’s indication that amendments to section 304 of the Labour Code will be considered as part of the work of the Inter-Agency Working Group to improve the labour law, the Committee asks the Government to review and amend the above provisions with a view to ensuring that measures aimed at assisting workers with children are provided to both men and women workers on an equal footing.

Enforcement. While noting the general information provided by the Government regarding the enforcement authorities (Office of the Ombudsman, the General Procurator) in cases of a violation in relation to gender equality, the Committee notes that the report does not contain any information in response to its previous request on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. The Committee therefore asks the Government once again to provide information on the number and nature, including the prohibited ground concerned, of complaints in relation to discrimination based on any of the grounds covered by the Convention in employment and occupation dealt with by the Ombudsman and the General Procurator, as well as information on the sanctions imposed and the remedies granted.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.

Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.

Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.

Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.

Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.

National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.

Equal access to vocational training and education for men and women. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.

Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.

Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under 3 years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.

Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.

Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.

Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.

Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.

Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.

National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.

Equal access to vocational training and education for men and women. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.

Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.

Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under 3 years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.

Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

The Committee notes with concern that the Government’s report contains no reply to its previous comments. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.

Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.

Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.

Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.

Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.

National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.

Equal access to vocational training and education for men and women. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.

Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.

Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under 3 years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.

Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.
Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.
Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.
Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.
Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.
National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.
Equal access to vocational training and education for men and women. The Committee notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination against Women, that 36.1 per cent of girls in higher vocational educational institutions chose a profession in the education sector for the 2005–06 school year. There were 3,245 women and 1,875 men who completed courses of professional training for the unemployed in 2005 (CEDAW/C/KGZ/3, 2 March 2007, paragraphs 226 and 263). The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.
Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, noted with concern that persons belonging to ethnic and national minorities, in particular persons of Russian or Uzbek origin, continued to be underrepresented in the civil service, and noted information that officials belonging to ethnic or national minorities encountered obstacles preventing or limiting their access to high-ranking positions (CERD/C/KGZ/CO/4, 16 August 2007, paragraph 11). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.
Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.
Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under 3 years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.
Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

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 comments.

Repetition
Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.
Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.
Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.
Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.
Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.
National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.
Equal access to vocational training and education for men and women. The Committee notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination against Women, that 36.1 per cent of girls in higher vocational educational institutions chose a profession in the education sector for the 2005–06 school year. There were 3,245 women and 1,875 men who completed courses of professional training for the unemployed in 2005 (CEDAW/C/KGZ/3, 2 March 2007, paragraphs 226 and 263). The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.
Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, noted with concern that persons belonging to ethnic and national minorities, in particular persons of Russian or Uzbek origin, continued to be underrepresented in the civil service, and noted information that officials belonging to ethnic or national minorities encountered obstacles preventing or limiting their access to high-ranking positions (CERD/C/KGZ/CO/4, 16 August 2007, paragraph 11). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.
Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.
Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under 3 years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.
Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non-governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

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

Repetition
Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.
Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.
Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.
Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.
Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.
National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.
Equal access to vocational training and education for men and women. The Committee notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination against Women, that 36.1 per cent of girls in higher vocational educational institutions chose a profession in the education sector for the 2005–06 school year. There were 3,245 women and 1,875 men who completed courses of professional training for the unemployed in 2005 (CEDAW/C/KGZ/3, 2 March 2007, paragraphs 226 and 263). The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.
Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, noted with concern that persons belonging to ethnic and national minorities, in particular persons of Russian or Uzbek origin, continued to be underrepresented in the civil service, and noted information that officials belonging to ethnic or national minorities encountered obstacles preventing or limiting their access to high-ranking positions (CERD/C/KGZ/CO/4, 16 August 2007, paragraph 11). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.
Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.
Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under three years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.
Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non-governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

The Committee notes the Government’s first report. It asks the Government to provide further information in its next report on the following points.

Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”. The Committee also notes that section 9(1) of the Labour Code of 4 August 2004 provides that each person shall have equal possibilities to exercise labour rights and freedoms, and that section 9(2) provides that no one must be limited in their labour rights or be privileged in the exercise of such rights due to specified grounds. A wide range of grounds of discrimination are enumerated in section 9(2) of the Labour Code, namely, sex, race, ethnicity, language, origin, property and official status, age, place of residence, religion and political convictions, membership in public organizations, or other circumstances irrelevant of professional capacities and the results of work done by the employees. The Committee asks the Government to provide specific information on the extent to which section 9 of the Labour Code covers both direct and indirect discrimination, and all stages of the employment process, including vocational training, access to employment and particular occupations, and terms and conditions of employment. It also asks the Government to clarify whether “origin” covers “social origin” and “national extraction”, and to indicate the measures taken or envisaged in law and in practice to address discrimination on the grounds of colour, national extraction or social origin. Please also provide information on the practical application of section 9 of the Labour Code.

Scope of application. The Committee notes that pursuant to section 6(6) of the Labour Code, certain groups of workers, including those in the military in the course of military service, and persons contracted on a civil law basis, are excluded from the scope of the Code, including the protection against discrimination set out under section 9. It also notes that the Government’s report does not contain information on the public sector. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that those groups of workers excluded from the protection against discrimination set out in the Labour Code, obtain such protection in law and in practice. It also asks the Government to provide information on the protection against discrimination provided to workers in the public sector, including those covered under Act No. 114 of 11 August 2004 on the Public Service. Please also provide the details regarding which workers are considered to be “contracted on a civil law basis”.

Discrimination based on sex. The Committee notes that section 16(4) of the Constitution provides for equal rights and freedoms and equal opportunities to exercise them for men and women. It also notes that the Act on Gender Equality of 31 January 2003 provides for the definition of “overt” and “hidden” gender discrimination (section 1), and for the prohibition of both “overt” and “hidden” gender discrimination (section 6). The Committee notes that “hidden gender discrimination” is defined as “discrimination without directly referring to a person’s sex” (section 1). The Committee notes that this definition is narrower than the concept of indirect discrimination, which falls within the scope of the Convention, and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to indicate any steps taken or envisaged to define indirect gender discrimination more explicitly in the Act on Gender Equality. It also asks the Government to provide information on the practical application of section 6 of the Act on Gender Equality, including any cases brought to the authorities specified in section 33 of that Act, and the outcome of these cases.

Sexual harassment. The Committee notes that sexual harassment is defined in section 1 of the Act on Gender Equality as “immoral conduct, or inadmissible sexual advances in respect of persons of both sexes, whether verbal (threats, intimidation, indecent remarks) or physical (touching, slapping), humiliating and insulting a person in a situation of professional, financial, family or other dependence”. This Act prohibits employers from pressuring or victimizing workers of either sex on account of their refusing the employer’s sexual harassment or filing a complaint of sex discrimination against the employer (section 22). The Committee recalls that given the gravity and serious repercussions of sexual harassment, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 789). The Committee asks the Government to indicate the steps taken or envisaged to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment. It also asks the Government to indicate the measures taken to prevent and prohibit sexual harassment at the workplace by co-workers, as well as to raise awareness of employers and workers and their representatives regarding sexual harassment.

Exclusion of women from certain categories of work. The Committee notes that under the Labour Code, it is prohibited to employ women for “hard work and work under deleterious and/or dangerous conditions and underground, apart from non-physical work or sanitary and catering services, as well as work involving lifting and moving of heavy things exceeding limits established for such work” (section 303). The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee asks the Government to ensure that any measures limiting women’s access to employment and occupation are strictly limited to maternity protection, and to provide information on any steps taken in this regard.

National policy on gender equality. The Committee notes that section 7 of the Act on Gender Equality provides that the basic elements of State policy on ensuring gender equality are as follows: (i) establishment, improvement and development of a legal framework for ensuring gender equality; (ii) design and implementation of State targeted programmes aimed at achieving gender equality; (iii) protection of society against information, propaganda and agitation aimed at infringing gender equality; (iv) education and advocacy for culture of gender equality; and (v) compliance with generally recognized principles and rules of international law, as well as international obligations of the Government, concerning gender equality issues. The Committee asks the Government to provide information on the practical application of section 7 of the Act on Gender Equality, including details of programmes aimed at achieving gender equality, as well as the impact thereof.

Equal access to vocational training and education for men and women. The Committee notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination against Women, that 36.1 per cent of girls in higher vocational educational institutions chose a profession in the education sector for the 2005–06 school year. There were 3,245 women and 1,875 men who completed courses of professional training for the unemployed in 2005 (CEDAW/C/KGZ/3, 2 March 2007, paragraphs 226 and 263). The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the participation of men and women at all stages of education and various vocational training courses, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please provide information on the measures taken to ensure equal access to vocational training and education for men and women.

Ethnic minorities. The Committee notes that the Constitution provides for the right to freely determine and state one’s ethnicity (section 38), and provides that special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination (section 16(2)(3)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, noted with concern that persons belonging to ethnic and national minorities, in particular persons of Russian or Uzbek origin, continued to be underrepresented in the civil service, and noted information that officials belonging to ethnic or national minorities encountered obstacles preventing or limiting their access to high-ranking positions (CERD/C/KGZ/CO/4, 16 August 2007, paragraph 11). The Committee asks the Government to provide information on the measures taken or envisaged to address discrimination and inequalities faced by ethnic or national minorities, including any affirmative action programmes or other measures put in place based on section 16(2)(3) of the Constitution, to increase the opportunities of ethnic or national minorities in education and vocational training as well as access to employment and occupation. Please provide updated statistical information on the participation of ethnic or national minorities at all stages of education and various vocational training courses, as well as in the various posts and grades both in the private and public sectors.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the measures taken to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate how the social partners are involved in efforts to promote the Act on Gender Equality.

Article 5. Special measures of protection. The Committee notes that under the Labour Code, female workers with children under three years of age are allowed to be sent on missions, or to engage in overtime work or night work only with the women’s consent (section 304(2)). The Committee recalls that when legislation reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under section 304(2) of the Labour Code are available to men and women on an equal footing.

Parts III to V of the report form. Enforcement. The Committee notes that under the Act on Gender Equality, procedures for acts of violations of gender equality, including sexual harassment, include filing reports with the specified authorities (section 33). State bodies, social organizations and other non-governmental associations shall register violations of gender equality and provide information to the National Council on Women, the Family and Gender Development in order to monitor the situation with regard to ensuring gender equality (section 35(2)). It also notes that section 421(3)(4) of the Labour Code provides that workers claiming to have been subject to discrimination can seek redress through the courts. The Committee asks the Government to provide information on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. It also asks the Government to provide information on remedies provided or sanctions imposed under the procedures for examining violations of gender equality or after the registration of violations of gender equality pursuant to sections 33 and 35(2) of the Act on Gender Equality. Please also provide information on the measures taken to raise the awareness of workers, employers and their organizations on equality in employment and occupation, including information on any seminars or workshops, or on pamphlets and other materials disseminated or made available to the public on this subject.

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kyrgyzstan (Ratification: 1992)

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