Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s very brief report on the application of the Convention and requests the Government to provide information with respect to the following points.

Article 1 of the Convention. The Committee had previously noted that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. The Committee again requests the Government to indicate the manner in which section 7 of the Labour Code has been implemented in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Sexual harassment. Recalling that sexual harassment is a serious form of sex-based discrimination, the Committee requests the Government to provide detailed information on the measures taken to prevent and address sexual harassment at work, in accordance with its 2002 general observation on the Convention.

Access of women to employment and occupation. The Committee previously noted that the large majority (75 per cent) of agricultural workers were women. It further notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that prevailing stereotypes among the rural population consider women only as workers and not as managers of farms. Traditional and religious standards restrict opportunities for women to realize their own economic interest on a par with men and many women are unaware of the rights and opportunities given to them under the legislation (CEDAW/C/TJK/1-3, June 2005, pages 52–53). The Committee asks the Government to indicate the measures taken to improve access of rural women to employment and particular occupations, including as managers of farms. Please also indicate the measures taken or envisaged to address prevailing stereotypes on the role of women in the family and society. The Government is also requested to provide up-to-date statistical information, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and occupations.

Access of women to education and vocational training. The Committee notes that in its concluding observations, the CEDAW expressed concern at the strong stereotypes regarding the role and responsibilities of women in the family and society, the sharp decline in the enrolment of girls at the secondary school level and the low enrolment rate of female students in institutes of higher education, as well as the high drop-out rate for girls (CEDAW/C/TJK/CO/3, February 2007). The Committee notes that Law No. 89 of 2005 includes provisions aimed at promoting equal opportunities of men and women in education (section 6). The Committee requests the Government to supply information on the specific measures taken to give effect to section 6 of Law No. 89 of 2005 to improve women’s and girls’ educational opportunities, and the results achieved. Please also provide statistical information disaggregated by sex on the participation rates of men and women in the various levels of education and training courses.

National policy with respect to grounds other than sex. The Committee requests the Government to provide information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention. 

Article 3(a). The Committee requests the Government to describe the nature and extent of its activities in cooperation with workers’ and employers’ organizations to ensure and promote the observance of the national policy on equality.

Article 3(d). Public service. The Committee notes the Law on the Civil Service of 2007 and will examine the legislation once a translation becomes available. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the public service. The Committee requests the Government to provide information on the practical application of Law No. 89 of 2005 with respect to promoting equal opportunities in the public service. Please also provide information on how the observance of the national policy of equality of opportunity and treatment with respect to grounds other than sex is being ensured with respect to employment in the civil service. Please also provide statistical information on the distribution of men and women in the various occupations and grades in the civil service.

Article 3(e). Vocational training and guidance and placement services. Other grounds. The Committee requests the Government to provide information on the activities of the Republican Employment Centre and the Ministry of Labour and Social Protection to promote equality of opportunity and treatment in vocational training and occupational guidance with respect to all groups protected by the Convention, including ethnic, national and religious minorities, and the manner in which the placement services provided ensure the application and observance of the national policy.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Please also supply information on all measures taken or contemplated to ensure that persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

Article 5. Protective measures. The Committee notes that the Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee also notes that section 3 of Law No. 89 of 2005 provides that special measures undertaken to protect the health of men and women are not considered discrimination. The Committee recalls that protective measures regarding women’s employment should be strictly limited to protecting maternity, and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, should be repealed or amended. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160–161 of the Labour Code, and to provide information on any steps taken to assess whether the protective measures concerned are strictly related to maternity.

Parts III and IV of the report form. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination. Please also provide information on the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions imposed. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.