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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belarus (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 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 that a number of new texts have been issued on the above-mentioned matters. According to the Government's report, these new texts have been issued in conformity with fundamental principles for the reform of general and technical education (1984) and for the restructuring of higher and intermediate education (1987) and correspond to the requirements of Convention No. 111.

The Committee requests the Government to indicate whether the following texts mentioned in its previous comments have been repealed or modified by new provisions and, if so, to supply copies of the provisions which have replaced them:

- Decree No. 435 of 15 May 1973 on the procedure for filling positions in the professorial and teaching staffs of higher educational institutions;

- Decree No. 273 of 16 April 1974 of the USSR Council of Ministers on the attestation of teachers of general education schools;

- 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.

2. Please also 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 texts.

3. 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.

4. 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.

5. The Committee notes that article 32 of the Constitution of the Byelorussian 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 16 of the Labour Code of the Byelorussian SSR and section 4 of the Byelorussian Education Act of 27 December 1974. 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.

6. The Committee has noted the information given in the Government's reports on Convention No. 122 regarding the participation of women in the labour force. It would appreciate more precise indications concerning the extent to which women occupy positions at senior 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 the 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.

7. The Committee has noted the indications provided by the Government to the UN Committee on the Elimination of Racial Discrimination concerning the different nationalities and peoples who compose the population of the Byelorussian 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.