Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information contained in the Government's report as well as information contained in a letter dated 2 December 1991 from the Permanent Representative of Ukraine to the United Nations Office in Geneva submitted to the 47th Session of the UN Commission on Human Rights (E/CN.4/1992/59) and the Twelfth Periodic Report of Ukraine submitted to the UN Committee on the Elimination of Racial Discrimination on 16 October 1992 (CERD/C/226/Add.3).

1. The Committee notes with satisfaction new section 2-1 of the Labour Code of Ukraine added in 1991 which guarantees equal employment rights for all citizens irrespective of their origin, social or material circumstance, race, nationality, sex, language, political and religious convictions, occupation, place of domicile or any other circumstance in accordance with the grounds set out in Article 1, paragraph 1(a), of the Convention and section 17 which makes it unlawful to deny an individual employment without proper justification.

2. The Committee notes with interest the adoption on 1 March 1991 of the Population Employment Act of Ukraine which, in section 3, guarantees to all citizens equal opportunities and the right of free choice of activities irrespective of origin, social and material circumstance, race, nationality, sex, age, political convictions and attitude toward religion, taking into account abilities and professional training, and which, in section 6, extends these guarantees to foreign persons residing permanently in Ukraine and to other non-citizens unless otherwise regulated by law.

3. The Committee also notes with interest the adoption of the Declaration of the Rights of Nationalities in Ukraine by the Supreme Council of Ukraine which, inter alia, provides that discrimination on grounds of national traits is prohibited and punishable by law (section 1) and which guarantees all peoples and national groups the right to make free use of their native languages in all areas of public life, including education, production and the acquisition and distribution of information (section 3). The Committee requests the Government to indicate the measures taken to implement these provisions of the Declaration and any impact it may have on the promotion of employment opportunities for minority groups in Ukraine.

4. The Committee notes the adoption on 17 April 1991 of the Law to Provide Rehabilitation to Victims of Political Repression in Ukraine and would be grateful if the Government would provide information on the measures taken to implement its provisions and the results achieved in respect of compensation for loss of employment and related benefits.

5. The Committee notes that a new draft Constitution of Ukraine is still in preparation which will, according to the Government, comply with the provisions of Article 1 of the Convention. It trusts that the Government will communicate a copy of the final version to the Office upon its adoption.

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