Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and requests the Government to provide additional information on the matters set out below.

1. Article 1. Legislative developments. The Committee notes from the United Nations Development Assistance Framework for Kazakhstan (2005-09) that Kazakhstan is committed to drafting and adopting gender equality legislation. Please provide information on any measures taken in this regard.

2. Additional grounds. The Committee recalls that section 4 of the Labour Act, in addition to the prohibited grounds listed in Article 1(1)(a), also prohibits discrimination on grounds such as age, property, and place of residence, membership of social associations and citizenship as impermissible grounds of discrimination. The Committee again requests the Government to indicate whether it considers these additional grounds outlined as covered under the Convention, in accordance with Article 1(1)(b) of the Convention.

3. Article 2. Promotion of equality policy. The Committee notes that the Government has adopted a Strategic Development Plan, a Programme to Combat Poverty and Unemployment (2003-10), and a Public Employment Programme (2005-07). The Committee requests the Government to indicate how these plans and programmes promote equal access to vocational training and employment of women and men, as well as of members of the different ethnic and religious groups. The Committee also reiterates its request to the Government to provide information on the measures envisaged under the National Action Plan on the Status of Women to promote equal participation of women in the labour market, and on any progress made in their implementation.

4. With reference to its previous comments concerning the Employment Act of 2001, the Committee notes that the Act provides for measures, such as occupational guidance and training, to promote access of certain target groups to training and employment, including single parents and parents with many children. The Committee would appreciate receiving statistical information on the number of persons that benefited from such measures, disaggregated by sex.

5. Article 3(a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee notes that the Social Partnership Act, 2000, provides a framework for cooperation with employers’ and workers’ organizations and that the most recent tripartite General Agreement under the Act was concluded for the period of 2005-06. The Committee requests the Government to indicate more specifically how the issue of equality of opportunity and treatment is addressed in the framework of social partnership.

6. Article 3(b). Educational programmes. The Committee reiterates its request to the Government to provide information concerning any educational programmes or other awareness-raising measures designed to secure acceptance of the principle of equality in employment, including copies of any associated publications and materials.

7. Article 3(d). Civil service. The Committee notes the Government’s indication that article 3 of the Civil Service Act guarantees equal rights of all persons to admission to public employment and to career advancement. The Committee nevertheless reiterates its request to the Government to provide a copy of the Civil Service Act, as well as statistical data, disaggregated by sex, relating to employees in the public service. The Committee also requests the Government to provide information on the participation of members of the different ethnic groups in civil service employment.

8. Article 3(f). Noting the employment statistics provided in the Government’s report, the Committee requests the Government to supply, in its next report, labour market data, disaggregated by sex. The Committee also requests the Government to provide information on the position in the labour market of the different ethnic minorities.

9. Article 4. The Committee reiterates its request for confirmation that appellate review is available where persons are accused of activities prejudicial to the security of the State, and for the particular details of the right to appeal of such persons.

10. Parts III and IV. Enforcement. The Committee also renews its request for information about national judicial decisions involving questions relating to the application of the Convention and, if possible, for copies of the texts of these decisions. The Government is also requested to indicate the number of cases in which the state labour inspectors have forwarded information or reports concerning practices of discrimination to the responsible law enforcement bodies.