Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee has noted the information supplied by the Government in answer to its previous direct request. With respect to the information supplied on the legislation of the USSR, the Committee refers to its comments concerning the USSR. With respect to the information supplied on the legislation of the Ukraine, the Committee wishes to make the following comments:

1. The Committee notes with interest the adoption of the Act of 24 October 1990 of the Supreme Soviet of the Ukrainian SSR which repeals article 6 of the Constitution of the Ukrainian SSR regarding the leading role of the Communist Party of the Soviet Union in the state and communal systems and amends article 7 of the Constitution to provide for political parties and the communal organisations and movements to participate, through the intermediary of their representatives elected to the Soviets of Peoples' Deputies, and in other ways, in the drafting and implementation of the Republic's policy and in the administration of state and communal affairs. It also notes that in the context of perestroika, a number of political conditions contained in basic legislation still in force, at both Union and Republic level, for the protection and certification of leading scientific and teaching personnel are the subject of substantial changes and classifications consistent with the provisions of Convention No. 111, and that in the Ukrainian Bill concerning higher education which is in preparation, emphasis is only put on the professional qualifications and moral qualities of candidates. The Committee hopes that in its next report the Government will be able to indicate the steps which have been taken to delete, from the Ukrainian laws and legislation applicable to the certification and selection of scientific and teaching personnel and of employees in all sectors of the economy, any requirements based on ideological or political criteria, in accordance with the Convention.

2. The Committee notes with interest that a new draft Constitution of the Ukraine is being prepared, which will consolidate the de facto equality of rights of citizens, regardless of their political convictions. The Committee therefore hopes that the new draft Constitution will expressly provide for equality in employment and occupation based on all the grounds, including political opinion, mentioned in Article 1, paragraph 1(a), of the Convention.

3. The Committee notes that pursuant to the Order on the Introduction into Force of the Fundamental Principles Law of the USSR and Union Republics on Employment of Population of USSR of 15 January 1991, the Republics are to adapt their legislation to the provisions of the Fundamental Principles Law. It would be grateful if the Government would provide information on the measures taken or contemplated to adapt the Ukrainian legislation accordingly. In this connection, the Committee recalls that section 16 of the Labour Code of the Ukrainian SSR which provides for equality before the law without distinction based on particular grounds does not refer to political opinion, while section 4 of the Fundamental Principles Law, concerning equality of opportunity, also covers "political convictions".

In this connection, the Committee also notes the Government's statement in its report that review of basic legislation is taking place in accordance with the policy adopted in the Republic of carrying out radical socio-economic and political changes, and that draft legislation respecting regulation of labour relations during the transition to a market economy and employment of the population of the Ukrainian SSR, inter alia, have been prepared. The Committee hopes the preparation of new legislation will take place in light of the requirements of Convention No. 111 and that due consideration will be given to the points raised by the Committee in previous comments. It requests the Government to keep it informed of the progress made in this regard and to supply copies of new legislation upon adoption.

4. The Committee is raising other points in a request addressed directly to the Government.