Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in the light of the decision taken by the Governing Body at its 338th Session (June 2020). The Committee reviewed the implementation of the Convention on the basis on the additional information received from the Government this year, as well as the information available to it in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 30 September 2020, on the persistence of gender stereotypes, the definition of discrimination in national law and prohibited grounds of discrimination, gaps in protection against discrimination and enforcement, discrimination in job advertisements, cases of victimization and workplace violence. The Committee requests the Government to provide its comments in this regard.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. In its previous comment, the Committee requested the Government to: (1) indicate the reasons for the omission of the ground of colour during the revision of the legislation and take the opportunity of any future revision of the Labour Code of 2015 to include colour as a prohibited ground of discrimination in section 6(2); and (2) provide detailed information on the measures taken to ensure effective protection in practice against discrimination based on the grounds enumerated in the Convention, including colour. In its report, the Government indicates that the Ministry of Labour and Social Protection (MTPS) works continuously to improve the labour legislation. The Committee trusts that the Government will take the opportunity of a forthcoming revision of the Labour Code to include the ground of colour in the list of grounds of discrimination that are explicitly prohibited by law. In the meantime, it requests the Government to provide detailed information on the measures taken to ensure in practice effective protection against discrimination based on the grounds listed in the Convention, including colour.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee urged the Government to provide: (1) detailed information on the measures taken to promote and ensure in practice equality of opportunity and treatment for men and women in employment and occupation in a wide range of jobs, including high-level jobs and those with career prospects, and (2) information on the distribution of women and men in the various vocational training courses and in education. The Committee notes the information provided by the Government, which indicates the measures taken with regard to women, in particular the number of women as of 1 September 2020 who have benefited from programmes, short courses and loans to start their own businesses. The Committee also notes that the United Nations Committee for the Elimination of Discrimination Against Women (CEDAW) in its concluding observations of 2019 welcomes: (1) the increased representation of women in the judiciary and at different levels of the executive branch and the increased participation of women in political parties; and (2) the progress achieved in promoting access for women to employment. The Committee notes that, according to the information provided to CEDAW, the Government has drawn up a second action plan on family policy and gender equality 2020–2022. The Committee further notes that, according to the CEDAW, this new action plan should refocus the conceptual framework of the State on the promotion and empowerment of women and the implementation of a strong gender equality policy. However, the Committee notes the concerns expressed by the CEDAW with regard to: (1) the postponement to 2030 of the full realization of the goal of 30 per cent representation of women in decision-making posts; (2) the under-representation of women at the ministerial level, in the foreign service, in the armed forces and in local administrations; (3) the low representation of women in the Senate (10.6 per cent), which is presided over by a woman, and at the head of local representative bodies (maslikhat); (4) the low representation of women in the governing bodies of political parties; (5) the lack of disaggregated data on the political participation of women; (6) regional discrepancies in the political representation of women; (7) discriminatory gender stereotypes hindering the participation of women in political and public life; (8) the reports of discrimination in employment and sexual harassment in the workplace, exacerbated by persistent gender stereotypes; (9) the concentration of women in traditional and low-paid sectors of the economy and a glass ceiling that precludes most women from reaching senior management positions; and (10) the limited access to employment and social security schemes for disadvantaged groups of women, such as migrant women, women domestic workers, rural women and women with disabilities (CEDAW/C/KAZ/CO/5, 12 November 2019, paragraphs 29 and 37). Furthermore, the Committee recalls that it previously noted the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women and the Strategy for Gender Equality 2006–16, the objectives of which include the equal representation of women and men in executive and legislative bodies and in decision-making positions, the expansion of women’s entrepreneurship and the increase of women’s competitiveness in the labour market. The Committee once again asks the Government to: (i) provide information, including statistics disaggregated by sex, on the impact of the measures taken, particularly in the framework of the Law of 2009 on State Guarantees, in promoting and ensuring in practice equality of opportunity and treatment for men and women in employment and occupation in a wide range of occupations, including high-level jobs and those with career prospects; and (ii) provide information on the distribution of men and women in the various vocational training programmes and in education. Lastly, the Committee requests the Government to indicate the measures taken or envisaged in the framework of the second action plan 2020–22 to implement the principle of equality of opportunity and treatment for men and women enshrined in the Convention.

Equality of opportunity and treatment for national, ethnic and religious minorities. In its previous comment, the Committee urged the Government to: (1) provide information on the conditions of access of national, ethnic and religious minorities to the public service, and particularly the linguistic requirements, and (2) take the necessary steps to collect and analyse data, disaggregated by branch of activity and occupation, on the distribution of men and women belonging to the various minorities in the public and private sectors, as well as their participation at different levels of vocational training and education. Noting with regret that the Government’s report does not contain a specific reply to the questions raised previously, the Committee is bound to repeat its request. The Committee once again urges the Government to: (i) provide information on the measures taken with regard to the conditions of access of national, ethnic and religious minorities to the public service, and particularly the linguistic requirements; and (ii) take the necessary measures to collect and analyse data, disaggregated by sector and occupation, illustrating the distribution of men and women belonging to various minorities in the public and private sectors, as well as their participation in the various levels of vocational training and education.

Articles 2 and 3. National equality policy. The Committee notes the following progress welcomed by the CEDAW: (1) the adoption in 2019 of the National plan for the period up to 2025 to ensure the rights and improve the livelihoods of persons with disabilities; (2) the Forum for rural women to promote, amongst other things, entrepreneurship by women, held in 2018; and (3) the implementation of the “Women in Business” programme, conducted jointly with the European Bank for Reconstruction and Development, which is focused on providing concessional credit to businesses run by women (CEDAW/C/KAZ/CO/5, 12 November 2019, paragraph 5). The Committee requests the Government to provide information on the specific measures taken to implement these various programmes, the impact of these measures on the professional situation of people with disabilities and rural women and the development of female entrepreneurship.

Article 5. Special protection measures. Restrictions on the employment of women. In its previous comment, while noting the Government’s wish to protect women’s health and safety, the Committee urged the Government to: (1) take the necessary measures to guarantee equality of opportunity and equal protection in terms of health and safety for men and women, and to review the list of occupations prohibited for women that is currently in force so that measures to protect women in employment are limited to the protection of maternity in the strict sense of the term and do not reflect gender stereotypes about the capacities and role of women in society and in the family; and (2) provide information on the measures taken to consult workers’ organizations and employers and the results of such consultations. The Committee notes the Government’s indication that the MTPS has updated the list of jobs that women cannot do with the aim of bringing it into line with contemporary working conditions, which have improved in a significant number of workplaces in order to guarantee them access to jobs that are not a threat to their health as a result of automation and the introduction of technology. The Government adds that this list of jobs has been reduced by 33 per cent and will continue to be shortened and updated as scientific and technical progress is made. The Committee welcomes the Government’s efforts to gradually reduce the list of jobs prohibited for women. The Committee requests the Government to indicate to what extent the social partners are consulted during the process of revising the list, and to provide a copy of the revised list. The Government is requested to provide information on the jobs that are now open to women and to specify whether the removal of prohibitions on jobs to which women have access has been covered by information campaigns.

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