Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tajikistan (Ratification: 1993)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. Legislative developments. Noting that the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights No. 89 of 1 March 2005 (Law on State Guarantees of 2005) contains a number of provisions prohibiting discrimination based on gender in all spheres, including in employment, and promoting the principle of equal opportunities for men and women, the Committee had requested the Government to provide information on its implementation in practice. The Committee notes the Government’s indication, in its report, that the Government Decree No. 608 of December 2006 approved the Regulation on the Committee for Women’s and Family Affairs (CWFA), which is the central authority responsible for the implementation of State policy to protect and provide for the rights and interests of women and families. The Committee notes, however, that the Government does not provide any information on the activities of the CWFA to implement the Law on State Guarantees of 2005. Further, it notes that the Government has not provided any information on the manner in which violations of the Law on State Guarantees of 2005 are dealt with. In that regard, the Committee wishes to stress that legislative measures to give effect to the principles of the Convention are important but not sufficient to achieve its objective and that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures, such as proactive measures designed to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee therefore again requests the Government to provide information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (such as for example, through the development of codes, tools and guides or affirmative action measures) including on the manner in which violations of its provisions are being addressed by the CWFA, the labour inspectorate or the courts.

The Committee is raising other matters in a request addressed directly to the Government.