Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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

1. Legislative developments. The Committee notes the adoption of the new Labour Code (Act No. 251) on 15 May 2007 which it will examine as soon as a translation becomes available. It also notes that a draft law on equal rights and opportunities for men and women is currently under consideration. The Committee hopes that the legislation will be passed in the near future and requests the Government to ensure that the new gender equality legislation will provide for the principle of equality of opportunity and treatment in accordance with the Convention, providing for a prohibition of direct and indirect discrimination in respect to all aspects of employment and occupation, both in the private and public sectors. The Committee requests the Government to provide the text of the law when adopted.

2. Gender equality in employment and occupation. The Committee notes from the Millennium Development Goals in Kazakhstan Report 2005 that women continue to face serious inequalities in employment and occupation. Gender-based occupational segregation, both vertical and horizontal, remains a major problem, often linked to gender stereotypes about the role of women at work and in the family. The Committee notes that the Government has adopted a Strategy for Gender Equality (2006–16) and a Plan of Action 2006–08 for the implementation of the Strategy. Increasing employment opportunities for men and women is a priority area of cooperation with the ILO under the Decent Work Country Programme for 2007–09. The Committee requests the Government to provide the following in its next report:

(a)   detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently underrepresented, including within the civil service;

(b)    statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;

(c)    information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures.

3. Equality of opportunity and treatment on the basis of race, colour, national extraction and religion. The Committee recalls that the Convention requires the Government to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination based on all the grounds listed in Article 1(1)(a) of the Convention. Accordingly, the Committee, sought information on the situation of the different ethnic groups of the population. Noting that the Government’s report contains no reply in this regard, the Committee urges the Government to provide statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service.

4. Awareness raising and education. The Committee stresses the importance of undertaking information and education activities to raise awareness of the principles of equality and the need to eliminate discrimination in employment and occupation among workers and employers, their respective organizations, as well as the public at large. Please provide information on the measures taken to plan and implement such activities, in cooperation with workers’ and employer’s organizations as envisaged under Article 3(a) and (b) of the Convention.

5. Enforcement of the legislation. The Committee notes that the Government’s report provides no information on cases relating to equality of opportunity and treatment in employment and occupation dealt with by the courts or the labour inspectorate. The Committee requests the Government to provide the information in its next report.