Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Bélarus (Ratification: 1961)

Autre commentaire sur C111

Observation

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Article 2 of the Convention. Equality between men and women. The Committee notes the Government’s indication, in its report, that the National Gender Equality Action Plan 2017–20, contained a number of action points seeking to broaden economic opportunities for women, including: (1) the inclusion in the National Small and Medium-Sized Enterprise Programme 2016–20 of measures aiming to promote and support women’s entrepreneurship; and (2) academic research into topics relating to gender equality: elaboration of methodologies to take into account gender in the formulation and implementation of national programmes, identification of gender imbalances in the socio-economic sphere and development of recommendations to remedy these. The Government further indicates that, under the National Social Protection and Employment Programme 2016–20, it undertook a series of measures to improve women’s position in the labour market. These measures included: (1) assistance in finding work; (2) provision of vocational advice and training; and (3) support of entrepreneurship and self-employment among the unemployed. The Committee notes the Government’s indication that, because of these measures, in the first half of 2018, the labour, employment and social protection authorities helped 15,300 unemployed women to find work. The Government adds that, in the first half of 2018, support was provided at the expense of the state extrabudgetary fund for social protection to 379 unemployed women (41.1 per cent of the overall total) to set up their own business. While noting the information provided by the Government, the Committee notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) that a high percentage of women face discrimination in the labour market, especially in rural areas and in particular young women and mothers with young children (E/C.12/BLR/CO/7, 24 March 2022, paragraph 13). The Committee further notes, from the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) report “Belarus Country Gender Equality Brief” (2019), that despite girls’ strong levels of education, Belarus’s labour force participation rate shows men outperforming women. For example, when looking at employment rates for persons 25 years of age and older, only 57.6 per cent of women as compared to 68.9 per cent of men were employed in 2018. The UN Women report goes on to say that one of the remaining challenges in the country is the low level of women’s participation in senior decision-making positions in public and political life, and it observes that, at the root of all challenges hindering the full realization of gender equality are the gender norms, and subsequent gender stereotypes, prevailing in the country. In this regard, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to: (i) step up its efforts to promote gender equality in the workplace, for example through ongoing awareness-raising activities designed to combat the prevailing gender stereotypes among the social partners and the general public; (ii) adopt adequate policies and measures to promote women’s access to a wider range of jobs and occupations, including at management and decision-making level and monitor the results; and (iii) provide information, in particular statistical data, on the impact of such measures.

Equality of opportunity and treatment, irrespective of race, national extraction and religion. Regarding activities undertaken to raise awareness about the legislation prohibiting discrimination in employment and occupation based on ethnic origin, race and religion, and to strengthen the capacity of the authorities responsible to apply the legislation (judges, labour inspectors and other public officials), the Government refers to the Legal Literacy Action Plan for 2016–20 which set out organizational measures, educational measures and measures involving the media to eliminate discrimination in employment and occupation, including discrimination on the basis of race, national extraction and religious belief. In the framework of the Action Plan, the Government indicates that it held: (1) talks, lectures and discussions on legal matters for workforces and educational institutions; and (2) charity events where free legal assistance was provided to socially vulnerable groups. The Government adds that scheduled, systematic work to raise the knowledge and skills of judges and labour inspectors in respect of labour law, including non-discrimination in employment and occupation, takes place continually. With regard to the measures taken to protect foreign employees from discrimination on the grounds listed in the Convention, the Government indicates that the Labour Code applies to all workers and employers who have entered into an employment contract in Belarus unless otherwise specified by legislation or international agreements. The Government further refers to section 4 of Law No. 225-Z of 30 December 2010 on External Labour Migration, which prohibits “discrimination against labour emigrants or immigrants on the grounds of sex, race, national extraction, language, religious or political belief, participation or non-participation in trade unions or other civil-society organizations, financial or official status, age, place of residence, physical or mental impairment that does not hinder the performance of employment duties, or other circumstances not related to the worker’s professional abilities or determined by the nature of his or her professional role or status”. The Committee notes that Law No. 225-Z applies to employment contracts between Belarusian employers and “foreign nationals who do not have permission to reside permanently in Belarus”. In that regard, it recalls that, under the Convention, all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 778). Noting that no information was provided in this respect, the Committee once again requests the Government to provide information on: (i) the measures taken to assess, on a regular basis, the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment; and (ii) the results of such measures.

Article 5. Special measures of protection.Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. As regard the Decision of the Ministry of Labour and Social Protection No. 35 of 12 June 2014 which sets the list of heavy manual jobs and jobs with unsafe and/or unhealthy working conditions in which women may not be employed, the Government indicates that the determining factor is whether the work performed in a specific workplace has been classified as unsafe and/or unhealthy by an appraisal of working conditions at a workplace, that is taking into consideration the impact of the working condition on women reproductive health and the health of future generations. The Committee further notes the Government’s indication that measures are taken to improve occupational safety and health at work in general, and that these measures should have the effect of improving women’s access to employment opportunities. Finally, the Committee notes, from the concluding observations of the CESCR, that while the Government plans to reduce the number of professions prohibited for women, which currently stands at 181 occupations, it intends to maintain prohibitions for women in 90 occupations (E/C.12/BLR/CO/7, paragraph 19). In light of the principle of equality of opportunities and treatment for men and women, the Committee again requests the Government to: (i) continue reviewing, in consultation with workers’ and employers’ organizations, Protection Decision No. 35 of 12 June 2014, so as to ensure that restrictions applying to women employment are strictly limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers, and that they do not hinder women access to employment and their remuneration on the basis of gender stereotypes and to provide full information on the progress achieved in this regard; and (ii) indicate how many employers have carried out a review of their working environment and if measures were adopted to assist employers in undertaking such reviews, for the purpose of recruiting women for jobs mentioned in the Ministry of Labour and Social Protection Decision No. 35 of 12 June 2014.

Family responsibilities. The Committee notes the Government’s indication that a draft law amending section 271 of the Labour Code (stating that working fathers who are raising children without a mother and are legal guardians of children of the relevant age are entitled to the same guarantees as working mothers stipulated in law and collective agreements) was developed to provide equal guarantees to men and women in respect of childcare and equal opportunities at work. More specifically, the draft law envisages: (1) providing fathers and stepfathers with leave when a child is born; (2) extending the right to take annual leave in the summer to fathers and stepfathers bringing up two or more children aged below 14 years; (3) extending the guarantees provided to working mothers to working single parents who are caring for children; and (4) allowing women with children below the age of three years to work overtime, to work on public and other holidays and on rest days, and to be sent on business trips with their written consent. The Committee welcomes the proposal to provide fathers and stepfathers with leave when a child is born and with additional leave in the summer, as well as the proposal to allow working mothers to work overtime if they are willing to. However, the Committee notes with regret that the other proposed amendments continue to assume that the main responsibility for family care lies with women, as not all fathers are entitled to the same guarantees as working mothers, but only those who are single parents. The Committee notes the Government’s explanation that if a family so decides, leave to care for a child may be granted to a working father, but that, since the law does not provide for this leave to be granted to both parents simultaneously, it is granted to a working father on the condition that the child’s mother is employed or engaged in another type of activity. In this regard, the Committee refers to paragraph 175 of its 2023 General Survey “Achieving gender equality at work”. The Committee therefore reiterates its request that the Government consider amending section 271 of the Labour Code in order to extend the guarantees for working mothers to all working fathers, and not only to those who are raising children without a mother. It further asks the Government to provide information on the adoption of the proposed draft law and ensure that the protections it introduces benefits equally working mothers and fathers.

Statistical information. The Committee takes note of the statistical information provided by the Government. It further notes, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), the indication that, among the measures outlined in the National Gender Equality Action Plan, were the: (1) creation, provision of content for and maintenance of a “Gender Statistics” section on the official website of the National Statistics Committee; and (2) the preparation and publication of a statistical compendium Women and Men in the Republic of Belarus. The Committee therefore asks the Government to provide: (i) information on the progress made in the preparation and publication of a statistical compendium on Women and Men in Belarus; and (ii) updated statistical information on the situation of men and women in the labour market, including their participation in the various sectors and occupations.

Enforcement. The Committee takes note of the information provided by the Government according to which, in 2017, the ordinary courts examined 7,763 employment claims, of which 6,300 were granted. In the first half of 2018, the courts examined 3,325 employment claims, of which 2,719 were granted. Noting that this general information does not allow the Committeeto assess the application of the Convention in practice, it requests the Government to provide more detailed information on any judicial and administrative decisions relating to equality of opportunity and treatment in employment and occupation in respect of the prohibited grounds of discrimination, including the number, nature and outcomes of cases, as well as the sanctions and remedies provided.