Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1 of the Convention. Direct and indirect discrimination. The Committee recalls that for a number of years now it has drawn the Government’s attention to the need to amend section 14 of the Labour Code as the definition of discrimination it contains (any “other circumstances not related to a worker’s professional abilities and not determined by the nature of his or her professional role”) does not expressly prohibit indirect discrimination. It notes with concern that the Government reiterates that this definition includes indirect discrimination. The Committee once again urges the Government to amend section 14 of the Labour Code to provide for an explicit prohibition of indirect discrimination, and to provide information on any progress made in this regard. The Committee also reiterates its request to the Government that it provide copies of any judicial or administrative decisions relating to cases of indirect discrimination in violation of section 14 of the Labour Code.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes with concern the Government’s statement that it considers section 170 of the Penal Code, which provides for criminal liability for sexual harassment and violations of sexual freedom, to provide an adequate protection against sexual harassment in the workplace, despite the Committee’s indications that criminal provisions are not completely adequate in sexual harassment cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. Likewise, the Committee considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) (see the 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee therefore urges once again the Government to strengthen the legislative protection against sexual harassment in the workplace, both by employers and co-workers, and to indicate any progress made in this respect. In the meantime, the Committee also requests the Government to indicate any practical measures taken to address both quid pro quo and hostile environment sexual harassment, including through awareness-raising activities.

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