Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the information contained in the Government's report.

1. Article 1(1)(a) of the Convention. Further to its previous comments regarding application of the principle of non-discrimination, the Committee recalls the Government's reference to article 24 of the Ukrainian Constitution, adopted by the Supreme Council on 28 June 1996, which establishes that all Ukrainian citizens enjoy equal constitutional rights and freedoms and are equal before the law, and prohibits the establishment of privileges or restrictions based upon race, colour, political, religious or other beliefs, sex, ethnic and social origin, wealth, place of residence, language or other characteristics. The Committee notes from the report that section 2(1) of the Ukrainian Labour Code of 10 December 1997 guarantees equality of labour rights for all Ukrainian citizens, whereas section 21 of the Act On the Payment of Wages of 24 March 1995, No. 108/95-VP provides that citizens enjoy equal rights in respect to their remuneration in employment. Further, the National Minorities Act, 1992 guarantees citizens equality of freedom, political, social, economic and cultural rights, regardless of their national origin. The Committee notes the limitation of the aforementioned protections to citizens. It also notes that article 26 of the Constitution provides that "aliens and stateless persons who reside in the Ukraine on a legal basis enjoy the same rights and freedoms and have the same duties as citizens of Ukraine, except in cases prescribed by the Constitution, laws, or international treaties of Ukraine". In this connection, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination concerning the difficulties in acquiring citizenship experienced by members of certain minority groups, in particular the Crimean Tartars, that were deported from the Ukraine decades earlier and have now returned to resettle in Ukraine (CERD/C/299/Add. 14, paragraph 18) (March 1997). Recalling that the Convention protects all persons from discrimination in employment and occupation, the Committee requests the Government to provide information on the legal status of the returning ethnic minority groups and the manner in which these groups are protected against discrimination in employment and occupation on the grounds set out in the Convention.

2. The Committee notes with interest the Government's statement that the Roma enjoy equal rights in employment, including occupational guidance, vocational training and rehabilitation (sections 2, 8 and 9 of the Ukrainian Employment Act). The Committee requests the Government to provide information on all measures taken or contemplated to secure observance of this legislation in conformity with the Convention, including measures to ensure equal access to jobs and occupations, vocational training and terms and conditions of employment for the Roma.

3. Article 2. The Committee notes from the Government's report that women constitute the overwhelming majority of persons laid off from employment in enterprises and organizations, and that women find it more difficult to find other work and re-enter the Ukrainian labour market. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that, therefore, affirmative action measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups subject to discrimination to work in all sectors of activity and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the measures taken to raise awareness of national legislation and international standards on women's rights, including the Government's joint project with the Office. It also notes with interest the adoption of a National Plan of Action for 1997-2000 on 8 September 1997, outlining measures for improving the situation of women, as well as the adoption on 5 March 1999 of Declarations setting out the state policy in respect of families and women. The Government is requested to supply copies of these texts in its next report. In addition, the Committee requests the Government to supply information on the activities of the State Committee for Family and Young People's Affairs, including its Coordinating Council for Women's Affairs and Gender Council, and positive actions undertaken to strengthen women's participation in the labour market.

4. Article 3. The Government indicates that, in 1998, the State Employment Service provided occupational guidance services to 1.8 million people, more than twice the number that utilized such services in 1997. In addition, the Government reports that 105,200 Ukrainian citizens undertook vocational training and rehabilitation courses in 1998, 55 per cent more than in 1997. The Committee notes with interest that 60,300 of these trainees (57 per cent) were women. It further notes the development and introduction of modular vocational training programmes in various regions of Ukraine. The Government is requested to supply information concerning the distribution of men and women and ethnic minorities in the different vocational training programmes offered, including whether any measures have been taken or are contemplated to facilitate the participation of workers with family responsibilities.

5. The Committee would be grateful if the Government would continue to provide information on the activities of the tripartite advisory body on labour and social affairs, the National Council for Social Partnership, particularly with regard to any concrete measures taken relevant to the application of the Convention.

6. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to ensure observance of the provisions of the Employment Act, 1992. The Government indicates that labour inspections conducted in enterprises, organizations and institutions registered 1,293 cases where persons unable to compete on an equal footing in the labour market were refused employment in a reserved position. In 984 of the cases, the inspections resulted in the imposition of fines.