Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

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

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

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USSR, the laws of the USSR and the international human rights documents" which, according to the Government's report, rescinded many legislative acts limiting the judicial protection of the labour rights of a number of categories of workers, ensures citizens equality of opportunity for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

3. (i) The Committee notes with interest the information provided in the Government's report concerning the parliamentary hearings on the practical implementation of the United Nations Convention on the Elimination of All forms of Discrimination Against Women which were held in October 1990, and the adoption of a decision aimed at immediately ensuring equality of employment and occupational opportunity and treatment to women, and the publication of statistics to ensure a fair analysis of their position in society. The Committee notes that such statistics are not yet available but requests the Government nevertheless to provide, to the extent available, specific information and statistics on the relative proportion of men and women at various levels of responsibility, including managerial positions and other levels of decision-making authority, in different sectors of activity.

(ii) The Committee further notes from the information supplied by the Government to the United Nations Committee on the Elimination of Racial Discrimination in document CERD/C/197/Add. 1, of 2 August 1990, that a new law has been adopted in April 1990 concerning emergency measures favourable to women, maternity, youth and the family. It requests the Government to supply a copy of this law with its next report and to indicate how it has been applied in practice. The Committee also notes with interest, from the same document, that an official programme to improve the situation of women and families is under study with a view to eliminating inequalities between male and female workers having family responsibilities. It requests the Government to keep it informed of the progress of this study and its results and hopes that the study will also be undertaken with a view to promoting equality of opportunity and treatment in employment and occupation on the basis of sex in compliance with the terms of the Convention.

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

4. The Committee reiterates its request for information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction. In this connection, the Committee notes from the information submitted by the Government to the UN Committee on the Elimination of Racial Discrimination at its Thirty-eighth Session (CERD/C/197/Add. 1, 2 August 1990) that the Supreme Soviet of the USSR is giving considerable attention to questions of relations between nationalities and that permanent committees in the Council of Nationalities have been set up on, inter alia, nationalities policy and relations between nationalities. The Committee requests the Government to provide information on the measures taken or contemplated in this regard which have a bearing on the application of the Convention.

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