Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ukraine (Ratification: 1961)

The Committee has noted the information provided by the Government in answer to its previous direct request.

1. In its previous comments, the Committee referred to a number of legislative texts adopted at the level of the USSR concerning higher studies and employment in academic, teaching, managerial and specialist positions. It noted that the texts in question included conditions of a political and ideological nature among the qualifications required, and requested the Government to re-examine them in the light of the provisions of the Convention.

The Committee notes the Government's statement that, under certain new texts concerning the evaluation of workers, professional qualifications constitute the essential criterion for evaluating candidates to fill positions. In this connection, it would appreciate further information on the following points:

(a)Please provide a copy of Decree No. 500 of 10 July 1987 laying down rules for filling positions of teaching staffs in higher educational institutions which, according to the Government's report, has replaced Decree No. 435 of 15 May 1973.

(b)Please indicate whether the above-mentioned Decree of 1987 has also repealed or modified the other legislative provisions relating to higher education to which the Committee had referred in its previous comments, namely:

- the methodological instructions for the verification of the quality of basic types of instruction at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational Institutions, of 2 October 1978;

- Decree No. 1067 of 29 December 1975 of the USSR Council of Ministers concerning the procedure for awarding academic degrees and academic titles.

(c) Please indicate whether any changes have been made in the conditions and procedures for attestation of teachers of general education schools, as laid down in Decree No. 273 of 16 April 1974 of the USSR Council of Ministers.

(d) Please indicate whether any new provisions have replaced or modified the provisions on the attestation of managerial and engineering-technical employees and other specialists in industry, agriculture, transportation and communications, mentioned in the Committee's previous comments (Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and the decree governing the procedure for such attestation). Please provide copies of any such new provisions.

2. The Committee has taken note of the regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies, approved by Order No. 153 of 5 March 1987. It notes that this procedure requires an appraisal (inter alia) of the political qualities of the workers concerned. It would appreciate more precise information on the categories of officials affected by these requirements, the range of state and social bodies to which they apply, and the reasons why political qualities are a condition for occupying the posts in question.

3. The Committee has taken note of the Act of the USSR of 30 June 1987 on state enterprises. It notes that, under section 6(1) of this Act, the Party organisation of an enterprise, as its political nucleus and within the framework of the Constitution of the USSR, is to guide the work of the entire collective, its self-management bodies, trade union and public organisations. According to section 8(1), staff is to be selected, placed and trained by the management and the Party organisation. Section 8(2) provides for the steady raising (inter alia) of the political level of the entire workforce. Section 8(3) requires the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities.

The Committee requests the Government to re-examine these provisions in the light of the requirements of Convention No. 111, and to indicate any measures taken or contemplated to ensure equality of opportunity and treatment, irrespective of political opinion, in regard to employment in state enterprises.

4. The Committee notes that article 32 of the Constitution of the Ukrainian SSR, which provides for equality before the law without distinction based on such grounds as origin, social status, race, sex, attitude to religion, etc., does not refer to political opinion. This criterion also is not mentioned in other provisions relating to equality of opportunity and treatment, such as section 22 of the Labour Code of the Ukrainian SSR and section 4 of the Act of the Ukrainian SSR of 28 June 1974 on national education. The Committee requests the Government to indicate any measures taken or contemplated to ensure that the relevant constitutional provisions and legislative texts for implementing them in fields related to the application of Convention No. 111 cover all grounds of distinction enumerated in Article 1, paragraph 1(a) of the Convention.

5. The Committee would appreciate information concerning the extent of the participation of women in the labour force, including statistical data on the relative proportions of men and women at various levels of responsibility in different sectors of activity.

The Committee also requests the Government to provide information on the policies and programmes pursued, in the framework of reconstruction of the country's economic system, with a view to promoting equality of opportunity and treatment of men and women in employment and occupation.

6. The Committee has noted the indications contained in the Government's reports on implementation of the Convention on the Elimination of All Forms of Racial Discrimination concerning the different nationalities and peoples who compose the population of the Ukrainian SSR. It would accordingly appreciate information on the policies and programmes pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction, more particularly as regards access to training, access to employment and to different occupations, and conditions of employment.