Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its 2002 general observation and asks the Government to provide information on how sexual harassment is prohibited and prevented in employment and occupation.

2. Discrimination on the basis of social origin. The Committee notes that, with regard to discrimination on the basis of social origin, the Government states that the concept of "social origin" has become meaningless with the collapse of the old USSR. The Committee recalls that under the Convention social origin is listed as one of the grounds upon which discrimination is prohibited and that it refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future. The Committee notes that section 14 of the Labour Code prohibits discrimination on the basis of, among other grounds, "property status or official rank" which may cover some aspects of social origin discrimination. The Committee wishes to remind the Government that, while the concept of social origin may appear to be meaningless today, new forms of discrimination may emerge over time due to labour market and societal changes. It therefore asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of social origin. It hopes the Government will consider amending the Labour Code in future to include this ground of prohibited discrimination.

3. Direct and indirect discrimination. The Committee reiterates its request to the Government to confirm whether the Labour Code is intended to cover direct as well as indirect discrimination as required by the Convention.

4. Part V of the report form. Equality between men and women - Practical application. The Committee notes that women’s share amongst the newly registered unemployed persons increased from 46.1 per cent in 2001 to 50.9 per cent in 2002 but that the number of women to whom the State Employment Service was able to provide work also increased. The Government also indicates that the most serious problem currently affecting the labour market are the lay-offs and that more women than men have been laid off. The Committee further notes that of the unemployed persons who had been trained in 2002 and who found employment, 61.1 per cent were women and 74.5 per cent were men. However, the Government states that efforts are under way to provide vocational training for women with guaranteed job placement. The Committee notes the continued measures by the Government to provide assistance to single mothers and families with children and to improve the situation of women in the labour market through job placement, vocational training and the promotion of women entrepreneurs, and encourages the Government to continue its efforts in this area. The Committee requests the Government to provide information on the number of women that have found employment as a result of vocational training and on any measures taken or envisaged to address discrimination against women with regard to lay offs, and the results achieved.

5. Article 2. National policy. Equality between men and women. The Committee notes with interest the ratification by Belarus of the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and of the ILO Maternity Protection Convention, 2000 (No. 183). It also notes that the draft Act on Gender Equality (previously called the draft Act on Equal Opportunities) has been submitted to Parliament and defines various forms of discrimination, types of actions that violate the principle of equal opportunities for men and women and implementation mechanisms. The Committee asks the Government to provide a copy of the draft Act once adopted.

6. National policy - Race, national extraction and religion. The Committee notes the various provisions in the Constitution, the Labour Code, the Employment Act, the Education Act, the Penal Code and in the legislation concerning foreign nationals providing for equal rights and prohibiting discrimination on the basis of race, national origin and religion. It also notes that sections 1, 4, and 13 of Act No. 261 of 5 January 2004, to amend and supplement the Act on National Minorities of 1992 prohibit direct or indirect restrictions of the rights and freedoms of national minorities, and provide for prosecution by law of any actions directed at discrimination or restriction of rights on the basis of national extraction. The Committee asks the Government to provide detailed information on the practical effect given to non-discrimination and equality provisions in the abovementioned legislation, including any court decisions. Please also provide information on any measures taken or envisaged, including by the State Committee on Religious and Ethnic Affairs of the Council of Ministers, to promote equality of opportunity and treatment in access to vocational training, employment and working conditions without prejudice as to race, religion and national extraction.

7. Article 3(d). Application in the public service. The Committee notes the adoption of Act No. 204-Z of 14 June 2003 on the Public Service which it will examine at its next session. In the meantime, the Committee requests the Government to furnish information on how the national policy on equality of treatment and opportunities is pursued with respect to employment in the public service, and to indicate the percentage of men and women in the different occupations and levels of employment within the civil service.

8. Article 5. Special measures. In relation to its previous comments concerning the restrictions on women’s employment in sections 262 and 263 of the Labour Code and the implementing resolution No. 90 of 1994, the Committee notes that these provisions have remained unchanged. It hopes that the Government will take the opportunity of the gender-oriented legislative review carried out under the National Action Plan on Gender Equality to assess, in consultation with the social partners, the impact of these provisions on women’s employment so as to determine whether it is still necessary to limit access of women having children under the age of three to certain types of work and to prohibit access of all women to certain occupations. Please also provide the text of the 1994 resolution and information on the number of women who have been released from heavy or harmful work upon the recommendation by the Board of Labour Inspection Committee.

9. The Committee notes that the Government’s report does not provide any information on certain points raised in its previous direct request. It is therefore bound to repeat its previous comments in this regard which read as follows:

(a) Article 4. Measures affecting individuals suspected of activities prejudicial to state security. The Committee notes that section 51 of the Criminal Code of the Republic of Belarus of 9 July 1999 provides that the right to hold certain positions or engage in certain activities may be forfeited by a decision of a court of law for a term of one to five years depending on the nature and gravity of the crime. The Committee notes that the court may pronounce such a forfeiture as additional punishment, provided that, based on the nature of the crime committed by a person by virtue of his or her position or a certain activity, the court deems it impossible to preserve the person’s right to hold a certain position or engage in a certain activity (section 51(2)). The Committee requests the Government to provide detailed information on the application of section 51 of the Criminal Code by the courts, including information on the number and nature of cases in which it has been applied and the positions and activities involved.

(b) Labour inspection. The Committee notes from the Government’s report that labour inspections did not reveal any cases of employment discrimination and that no complaints in this respect were brought to the attention of the Labour Inspection Committee. While appreciating this information, the Committee requests the Government to indicate whether training has been provided to labour inspectors on issues of equality so as to provide them with the necessary knowledge to promote the application of the Convention in their activities.