Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

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

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

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on the procedure for filling positions in the professorial and teaching staffs of higher educational establishments is no longer in force, and that new texts, issued in accordance with the reform of general and technical educational schools (1984) and of higher and intermediate education (1987),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

(b)Please also indicate whether the new texts referred to above have also repealed or modified the other legislative provisions in the field of education to which the Committee had referred in its previous comments, namely:

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

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

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

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

(d)Please indicate whether any new provisions have replaced or modified the provisions on the attestation of managerial and engineering-technical employees and other specialists in industry, agriculture, transportation and communications, mentioned in the Committee's previous comments (Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and the decree governing the procedure of such attestation). Please provide copies of any such new texts, and also of the decree on attestation, No. 528/334 of 22 October 1979 (if still in force).

2. The Committee has taken note of the regulations on the procedure for the attestation of senior officials in the administrative machinery of State and social bodies, approved by Order No. 153 of 5 March 1987. It notes that this procedure requires an appraisal (inter alia) of the political qualities of the workers concerned, on the ground that senior officials of State and social bodies cannot be apolitical but must take an interest in the internal and external politics of the State. The Committee would appreciate more precise indications of the categories of officials affected by these requirements, and of the range of State and social bodies to which they apply.

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

The Committee would particularly appreciate information on the progress made in drawing up the new constitutional provisions. It recalls that Article 34 of the Constitution of the USSR of 1977, which provides for equality before the law without distinction based on such grounds as origin, social status, race, sex, attitude to religion, etc., does not refer to political opinion. This criterion also is not mentioned in other provisions relating to equality of opportunity and treatment, such as the Fundamental Principles of Labour Legislation of the USSR and Union Republics (section 9), the Fundamental Principles of Legislation on Public Education of the USSR and Union Republics, as amended by the Act of 27 November 1985 (section 4) and the Act of 30 June 1987 on nation-wide discussion of important aspects of state activities (section 6). The Committee notes that, in their statements to the Human Rights Committee in October 1989, the Government's representatives recognised the need to modify national legislation on this point. It hopes that the new constitutional provisions and legislative texts for implementing them in fields relevant to the application of Convention No. 111 will accordingly be drafted so as to cover all grounds of discrimination enumerated in Article 1, paragraph 1(a) of the Convention.

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

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

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

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

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

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

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

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

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

The Committee has taken note of this information.

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

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

7. Having regard to the numerous ethnic groups of which the population of the USSR is composed, the Committee would also appreciate information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction, more particularly as regards:

- access to training;

- access to employment and to different occupations;

- conditions of employment.