Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Definition of discrimination. The Committee once again refers to its previous request and asks 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. Article 1(1)(b). Additional grounds. Recalling that article 14 of the Constitution and section 4 of the Labour Act also prohibit discrimination on grounds of property and official status, language and place of residence, section 4 of the Labour Act includes membership of social associations and citizenship as impermissible grounds for discrimination. The Committee 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. Promotion of equality policy. The Committee notes the explanations in the Government’s report concerning the Employment Act of January 2001. According to the Government’s report, provisions in this legislation protect and assist "target population groups" seeking employment, and "provide state guarantees in the field of employment" The Government is requested to supply a copy of the abovementioned Act, and Government Ordinance No. 836 of 19 June 2001, together with information relating to the measures undertaken on the basis of said legislation specifically to promote the principle of equality in employment. The Committee notes the general reference made to such measures in the first paragraph of the follow-up report, but requests more specific elaboration on these measures.

4. The Committee once again requests the Government to provide copies of the Social Partnership Act of 2000, and the agreement concluded under it. The Committee also notes the Government’s reference to a draft employment programme for 2005-07, which has been sent to employers’ and workers’ organizations for their consideration. The Committee requests the Government to indicate precisely what areas of the programme promote equal opportunities and treatment in employment in accordance with the Convention.

The Committee notes the report does not contain information on the following points so it is bound to repeat them as follows:

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 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 the 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.