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

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 170 of the Penal Code may not provide adequate protection from sexual harassment in the workplace, as the burden of proof in criminal cases is very high. In addition, certain practices may not amount to behaviour punishable under this provision, but nevertheless constitute gender discrimination in the form of sexual harassment. In the absence of a reply to its previous comments on this matter, the Committee again requests the Government to take measures to define, prohibit and prevent sexual harassment in the workplace, taking into account the elements set out in the Committee’s 2002 general observation. It requests the Government to provide information on the measures taken or envisaged in this respect.

Direct and indirect discrimination. The Committee recalls that the Convention is intended to protect workers from direct and indirect discrimination. It requests the Government to indicate whether it is considering amending section 14 of the Labour Code to introduce an explicit prohibition of indirect discrimination in employment and occupation.

Discrimination on the ground of social origin. The Committee recalls its previous comments regarding the absence of an explicit reference to the ground of social origin in section 14 of the Labour Code prohibiting discrimination. It notes the Government’s statement that it will consider the possibility of amending the Labour Code with a view to accommodating the Committee’s concerns. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that in 2006, 56.4 per cent of the unemployed persons who received vocational training (approximately 25,000) were women. Among those who found employment after having received vocational training, 67.4 per cent were women. The Committee further notes that as of 1 January 2007, women accounted for 65.8 per cent of registered unemployed, down from 68.9 per cent as of 1 January 2006. The Committee requests the Government to continue to supply statistical information on the situation of men and women in the labour market, including data on the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors. It also asks the Government to continue to indicate the measures taken or envisaged to promote greater gender equality in employment and occupation. The Committee trusts that the plan to adopt gender equality legislation will be further pursued and requests the Government to provide information on any progress achieved in this regard.

Equality of opportunity and treatment irrespective of race, national extraction and religion. The Committee notes that no cases concerning discrimination on the basis of race, national extraction or religion were decided by the competent authorities. It considers that the lack of complaints filed before national authorities does not necessarily indicate an absence of discrimination against minority groups. It may, in fact, indicate that victims of discrimination are not sufficiently aware of their rights and the remedies provided by the legislation. The Committee also notes that according to the Government, no information is available on the labour market situation of persons belonging to national minorities due to the absence of legislation expressly providing for the collection of such data. The Committee encourages the Government to take steps to promote greater public awareness of the relevant legislative provisions as well as of the bodies competent to deal with complaints regarding ethnic or religious discrimination at work. It requests the Government to put in place appropriate measures that allow it to assess the position of ethnic minorities in the labour market, including through collection of appropriate data. Please also provide information on any other measure taken or envisaged to combat discrimination on the grounds of race, national extraction and religion and promote equal opportunities of members of ethnic or religious minorities in the labour market.

Migrant workers. With regard to the situation of migrant workers, the Committee notes the Government’s indication that in 2006 approximately 117,372 foreign nationals and 8,886 stateless persons were resident in the country. The Committee also notes that, under sections 10 and 11 of the Act concerning the legal status of foreign citizens and stateless persons, foreigners permanently resident in the country and lawfully engaged in employment enjoy the same social and economic rights as Belarus citizens. Recalling that all workers, even those in an irregular situation, shall enjoy basic human rights, including the right to equality of opportunity and treatment in employment and occupation, the Committee requests the Government to indicate whether any measures have been taken or envisaged to ensure that foreign workers are protected against discrimination at work based on race, colour, sex, religion and the other grounds covered by the Convention.

Article 3(d). Civil service. The Committee recalls its previous comments regarding section 10 of the Public Service Act, which provides for an examination of information concerning candidates for the public service by the State Secretariat of the Security Council of the Republic of Belarus. The Committee notes from the Government’s report that such examinations are carried out only with regard to a list of posts adopted by Presidential Order No. 644 of 8 November 2001, which includes the highest level public service posts, such as the post of Prime Minister, Deputy Prime Minister, Chairperson of the National Assembly’s Council, President of the Constitutional Court and the Supreme Court, Attorney-General, and ministers and chairpersons of state committees. The Committee also notes that these examinations aim at verifying information provided by the candidate, ascertaining suitability to the post, or pending criminal proceedings or convictions pronounced in respect of the candidate. The Committee further notes that no cases concerning sections 10 and 24 of the Public Service Act were brought before the courts during the period from 2004 to mid-2007. The Committee requests the Government to continue to provide information on the application of sections 10 and 24 of the Public Service Act, including information on any judicial or administrative decisions concerning these provisions.

Article 5. Special measures of protection. Working-time restrictions for women having children under 3 years of age. The Committee recalls its previous comments regarding the possibility of reviewing the existing legislation which limits the access of women having children under the age of 3 to certain types of work (overtime, work on public holidays, weekend work, business trips and night work). The Committee notes that following the amendments to the Labour Code introduced by Act No. 272-3 of 20 July 2007, which entered into force on 26 January 2008, section 263 of the Labour Code provides that women with children under 3 years of age can perform night work if they give their written consent. Similarly, women having children aged between 3 and 14 years, with their written consent can be employed to perform night work, overtime work, work on holidays and rest days, or can be sent on official missions. However, the Committee notes that the restrictions concerning the access of women having children under 3 years of age to overtime, work on public holidays, weekend work and business trips have been maintained. The Committee asks the Government to revise the remaining working-time restrictions on women with children under 3 years of age, which are not in accordance with the principle of equality. It also requests the Government to provide with its next report information on the implementation of section 263 of the Labour Code, including, when available, information on the number of women relying on this provision.

Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. The Committee recalls its previous comments regarding the prohibition of recruitment of women in a range of heavy manual work as well as work involving hazardous occupation conditions, as listed in the Council of Minister’s Decision No. 765 of 26 May 2000. The Committee notes the Government’s indication that employers may recruit a woman for work included in the abovementioned list provided that permission is obtained from the authorities. Such permission may be granted following an inspection attesting that steps have been taken to ensure safe working conditions in accordance with the “SanPiN 9-72 RB 98 standard” which sets out the safety and health requirements with regard to working conditions of women. The Committee requests the Government to supply more detailed information on the requirements established by the SanPin 9-72 RB 98 standard, along with a copy of it, as well as information on instances where the permission to hire women in work included in the list of heavy manual work and work involving hazardous conditions has been granted.

Parts III and IV of the report form. Enforcement.  The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation.