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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Discrimination on the basis of sex. 

1. In its previous observation the Committee noted that, according to the Confederation of Free Trade Unions of Ukraine (KSPU), women were facing unequal treatment in the labour market, including discriminatory recruitment practices and were concentrated in low-paid jobs, occupations and sectors. The KSPU also referred to instances where the state employment service requested employers to indicate whether they preferred to employ men or women, and where it included the sex of the worker in vacancy announcements. The Committee requested the Government to provide detailed information on the measures taken to eliminate discriminatory recruitment practices in the private and public sectors, and well as on the specific measures taken to tackle the existing inequalities between men and women in employment and occupation.

2. In this context, the Committee notes with satisfaction that the Parliament of Ukraine has adopted a Law on Ensuring Equal Rights and Equal Opportunities of Women and Men which entered into force on 1 January 2006. The Law is aimed at ensuring equality of women and men in all spheres of society, including employment, through enforcement of equal rights, the elimination of gender discrimination, and positive action to address the existing inequalities between men and women. Under section 17, equal rights and opportunities shall be granted to women and men in the field of employment, job promotion, skills development and retraining. Discriminatory job advertisements and seeking information on the private life of job applicants is prohibited. Section 17 also states that the employer has an obligation to create working conditions which enable women and men to perform work on an equal basis. Employers are authorized to take positive action aimed at achieving a balanced ratio of men and women in the different types of work and categories of workers. The Committee also notes that the Law establishes a national machinery for the promotion of gender equality, assigning specific responsibilities to a number of public bodies and institutions. Persons who deem that they have been subjected to discrimination on the grounds of gender have the right to appeal to these bodies (section 22). The Committee requests the Government to provide in its next report information on the progress made in implementing the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including information on any examples of positive action taken by employers, and the activities carried out by the different parts of the national machinery to promote gender equality at work. Please also indicate the number, nature and outcome of any appeals concerning employment discrimination filed under section 22 of the Law.

3. Sexual harassment. The Committee notes that, under the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, the employer must take measures to prevent sexual harassment (section 17), which is defined as “actions of a sexual nature, expressed verbally (threats, intimidation, indecent remarks) or physically (touching, slapping), which humiliate or insult persons who are in position of subordination in terms of their employment, official, material or other status” (section 1). The Committee notes that this definition would not appear to cover situations where conduct of a sexual nature creates a hostile working environment, irrespective of whether there is a relation of subordination between the harasser and the victim. The Committee recommends that the definition of sexual harassment be expanded to cover such situations. Please provide information on any consideration given to this matter, as well as information on any complaints of sexual harassment received and addressed by the competent authorities.

4. Situation of men and women in the labour market. The Committee notes from the statistical information provided by the Government that the employment rate for women (15–70 years) amounted to 53.1 per cent, compared to 62.8 per cent for men. The unemployment rate for women (15–70 years) was 7.7 per cent, while that of men was slightly higher at 7.9 per cent. The Committee also notes that, in 2005, 60.8 per cent of those receiving vocational training to increase their competitiveness in the labour market were women, while the rate of women among participants in public works programmes was 68 per cent. According to the report, half of those provided with work by the state employment service in 2005 were women. While the statistical data provided is useful to assess the overall situation of women in the labour market, the Committee requests the Government also to provide data on the participation of men and women in the different jobs, occupations and sectors of the economy, including data on women’s employment in managerial and decision-making positions (private and public sectors). Emphasizing that the provision of employment services free from gender-bias and discrimination is crucial to promoting and ensuring equal access of women to employment, the Committee requests the Government to indicate any specific measures taken to ensure that the operations of the state employment service are non-discriminatory and actively promote women’s equality in the labour market, particularly in the light of the newly adopted gender equality legislation.

5. Cooperation with employers’ and workers’ organizations. The Committee recalls that a gender analysis of collective agreements was undertaken within the ILO/USDOL technical cooperation project promoting fundamental principles and rights at work. In this regard, the Committee welcomes the fact that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men recognizes that collective bargaining should contribute to the promotion of gender equality at work by providing that collective agreements and contracts should contain provisions promoting gender equality, including timelines for the implementation of such provisions. The Committee requests the Government to provide information on the implementation of section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including examples of collective agreements that promote and ensure gender equality in accordance with the Law. Please indicate any measures taken to seek the collaboration of employers’ and workers’ organizations on this matter, and any measures taken to support and provide assistance to the social partners concerning gender equality matters.

Discrimination on the basis of race, colour and national extraction

6. On a number of occasions, the Committee sought information from the Government concerning the measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on the grounds of race, colour and national extraction, particularly the measures taken in respect of the Crimean Tartars and the Roma. Noting that the Government’s latest report once again fails to provide any information in reply to the Committee’s comments, the Committee wishes to point out that the Government has an obligation to adopt and implement a policy to promote equality in employment and occupation with a view to eliminating discrimination on all the grounds referred to in the Convention, including discrimination on grounds of race, colour or national extraction in employment faced by groups and communities such as Crimean Tartars and the Roma. The Committee emphasizes that under Article 3(f) of the Convention, the Government must inform the ILO of the action taken pursuant to the national equality policy and the results achieved by such action. In this context, the Committee also notes the concerns expressed by the Committee on the Elimination of Racial Discrimination over reports indicating that many Roma are deprived of their right to equal access to employment and education. Crimean Tartars reportedly remain underrepresented in the public service of the Autonomous Republic of Crimea and many of them have been excluded from the agrarian land privatization process (Concluding observations of 17 August 2006, CERD/C/UKR/CO/18, paragraphs 11, 14 and 15). The Committee requests the Government to provide in its next report full information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation of the Crimean Tartars and the Roma. This information should include statistical data indicating the extent to which members of both communities participate in vocational training, as well as in public and private employment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.