Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kazakhstan (Ratification: 1999)

The Committee notes the first report of the Government. It asks the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. The Committee notes that the Constitution and the Labour Act both prohibit discrimination on all of the grounds covered by the Convention. Recalling that the Convention prohibits both direct and indirect forms of discrimination - a concept that refers to situations in which apparently neutral laws or practices result in inequalities on the basis of the grounds listed in the Convention - the Committee requests the Government to indicate whether the Constitution and the Labour Act are intended to cover direct and indirect discrimination as required under the Convention.

2. The Committee notes the Government’s indication that no differences exist between the grounds of discrimination covered by the Convention and those grounds covered by the relevant national laws. However, article 14 of the Constitution and section 4 of the Labour Act also prohibit discrimination on grounds of property or official status, language and place of residence, and section 4 of the Labour Act includes membership of social associations and citizenship as impermissible grounds for discrimination. It therefore requests the Government to indicate whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b) of the Convention.

3. Article 2. The Committee notes the Government’s statement that support in finding work, career development guidance and vocational training are provided for under the Employment Act and Government Ordinance No. 836 of 19 June 2001. The Committee asks the Government to provide copies of the abovementioned legislation, together with information relating to the measures undertaken on the basis of said legislation specifically to promote the principle of equality in employment.

4. The Committee notes the Government’s statement that, in accordance with the Social Partnership Act of 2000, a general agreement encompassing such issues as social development, the shaping of the labour market, and the adoption of fundamental principles and rights in the labour sphere is concluded annually between the Government and representatives of workers’ and employers’ associations. It requests the Government to provide copies of the Act and the general agreement concluded under it.

5. The Committee notes from other sources of information that several positive measures to implement the Convention have been undertaken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/56/38, paragraphs 71 and 73, 18 and 23 January 2001) in which the Government indicated that it had undertaken several initiatives, including the development of a national plan of action for the improvement of the status of women, and the initiation of a special credit line to support women entrepreneurs, both by the National Commission for Family and Women. The Committee requests the Government to supply copies of the national plan of action and all other programmes designed by the national commission to promote women’s participation in the labour market. The Committee would be grateful if the Government would also provide information on programmes designed to promote the principle of the Convention with respect to religious and ethnic minorities.

6. Article 3. The Committee notes the Government’s indications concerning this Article of the Convention. It requests the Government to provide further information on the methods of cooperation with employers’ and workers’ organizations to secure the observance of the principle of the Convention. Also, please provide the details of the educational programmes designed to secure the acceptance of the principle of equality in employment, including copies of any associated publications and materials.

7. The Committee notes the Government’s statement that the Civil Service Act guarantees the right of citizens of the Republic to be recruited into the civil service in accordance with their abilities and vocational qualifications. The Government is asked to provide a copy of the Civil Service Act and statistical data, disaggregated by sex, relating to employees in the public service.

8. Recalling the obligation of ratifying States to ensure observance of the principle of non-discrimination in the activities of vocational guidance and training under their direction, the Committee requests the Government to provide information, including statistical data, regarding the measures designed to ensure the observance of the principle of the Convention in the fields of vocational guidance and training under the direction of a national authority.

9. Article 4. The Committee requests the Government to confirm that appellate review is available for persons accused of activities prejudicial to the security of the State, and to provide particulars of the right to appeal of such persons.

10. Article 5. The Committee refers to the concluding observations of the CEDAW (A/56/38, paragraph 101) in which the concern is expressed that the present structuring of the social benefits system and the protective labour legislation may create additional obstacles to the employment of women in the labour market. In light of the foregoing, the Committee requests the Government to supply a copy of the Employment Act and inform it of the measures undertaken to ensure that the Employment Act’s provisions conform to the principle of the Convention.

11. Part IV of the report form. Noting that the Government has not provided information concerning this part of the report form, the Committee requests the Government to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to provide the text of these decisions.

12. Part V of the report form. The Committee would be grateful if the Government would provide information, including statistical data and extracts from official reports, on the manner in which the Convention is applied, including information on any practical difficulties in the application of the Convention.