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

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



The Government communicated the following written information.

With regard to the prohibition of discrimination, in accordance with section 7 of the Labour Code of the Republic of Kazakhstan, everyone has equal opportunities for the exercise of his or her rights and freedoms in respect of employment. In the exercise of labour rights, nobody may be subjected to any discrimination on the grounds of sex, age, physical disability, race, nationality, language, material or social situation, public position, place of residence, attitude to religion, political beliefs, tribe or social stratum or membership of public associations. This provision fully reflects the Constitution of the Republic of Kazakhstan (article 14.2 of which provides that nobody may be subjected to discrimination of any kind on grounds of origin, social, public or material status, sex, race, nationality, language, attitude to religion, beliefs, place of residence, or on any other grounds). The concept of “race” is generally understood as being inseparable from “skin colour”. However, in practice there have been no problems with this issue. Nevertheless, in order to resolve the question of including skin colour as a basis of discrimination, further consultations will be held with representatives of the central State authorities and with employers’ and workers’ organizations at the national level. The findings of over 200 special spot investigations in 2013 by state labour inspectors, together with prosecuting authorities, of organizations recruiting foreign labour, revealed 123 instances of wage discrimination between national and foreign workers. The state inspectors responded by issuing 65 orders to employers to eliminate these violations, and imposed 96 administrative fines, amounting to 4.6 million Kazakhstan tenge (KZT). In the first four months of 2014, checks at over 2,000 organizations in the country did not reveal any instances of wage discrimination. To ensure that employers comply with the requirements of labour law concerning workers of pre-retirement age and the prohibition of discrimination against them, supplementary provisions were added in 2013 to the Law of the Republic of Kazakhstan of 23 July 1999 to prohibit the mass media from disseminating information about employment vacancies containing employment requirements of a discriminatory nature. However, the state labour inspectorate has not received any complaints from citizens alleging violations of their employment rights.

With reference to the exclusion of women from certain occupations, section 186 of the Labour Code of the Republic of Kazakhstan specifies the types of work in which the employment of women is prohibited: (1) it is prohibited to employ women in heavy work, work in harmful (especially harmful) and (or) hazardous conditions, in accordance with a list of the categories of work in which the employment of women is prohibited; (2) the manual lifting and moving by women of loads exceeding the weight limits set for them is prohibited. In order to implement this provision of the Labour Code, Resolution No. 1220 of 28 October 2011, of the Government of the Republic of Kazakhstan, adopted a list of the categories of work in which the employment of women is prohibited and setting out the weight limits for manual lifting and moving by women (hereinafter, the list). Over the past 20 years this list has been revised and updated four times (in 1994, 2004, 2007 and 2011) in the light of the current risks to women’s health. Section 186 and the list itself do not restrict the employment of women, but serve to protect motherhood and women’s health. It should be pointed out that the level of automation in manufacturing in Kazakhstan is below the European level. At present, the country has over 8,500 occupational categories, which include work in harmful working conditions and arduous labour, which is considerably higher than in the European Union. The list was attached but has not been reproduced.

In respect of equality for men and women in employment and occupation, according to figures from the Kazakhstan Statistics Agency for the first quarter of 2014, women’s participation was 31 per cent in industrial production, 26 per cent in construction, 47 per cent in agriculture, forestry and fishing, 60 per cent in finance and insurance, 50 per cent in the professional, scientific and technical sectors and 74 per cent in education. The employed population as a whole numbered 8,587,071 persons, including 4,167,245 women, or 48.5 per cent. Employment relations in respect of equal treatment and equal opportunities for men and women workers, and workers with family responsibilities, are governed by Chapter 17 of the Labour Code of the Republic of Kazakhstan, “Aspects of the regulation of the employment of women and other persons with family responsibilities”. Law No. 566-IV of 17 February 2012, of the Republic of Kazakhstan on amending and supplementing the Labour Code of the Republic of Kazakhstan for the purpose of combining employment with family responsibilities introduced amendments to section 189 of the Code, making it possible, with mutual consent, for one of the parents (the father) to work part time. In addition, by Law No. 50-V of 16 November 2012, the Republic of Kazakhstan ratified the Workers with Family Responsibilities Convention, 1981 (No. 156). The legislation of the Republic of Kazakhstan corresponds to the provisions of Convention No. 156. According to figures as at 31 December 2013, the number of employed workers making use of the right to child-care leave (in accordance with section 195 of the Labour Code) was 287,311, including 135 men and 287,176 women. The number of employed workers making use of the right to leave to adopt a child (in accordance with section 194 of the Labour Code) was 218, including one man and 217 women. With regard to amendments to sections 187–189 of the Labour Code, resolving this question requires further study with representatives of the central State authorities and of the national employers’ and workers’ associations.

Women have a priority right to take part in the programme “the roadmap for employment to 2020” (hereinafter, the programme). The programme includes mechanisms to respond to and combat the crisis and to improve effective regulation of the labour market, including labour market forecasting and monitoring, and the engagement of the disadvantaged, unemployed and self-employed members of the population in active employment creation measures. The proportion of women taking part in the programme since its inception is 48.6 per cent (144,600). With regard to the representation of women in the civil service, it should be noted that of the actual number of civil servants (90,220), there were 49,527 women, or 54.9 per cent (as of the fourth quarter of 2013). It should also be noted that in 2013 Kazakhstan occupied a high position, at No. 26, for the indicator, “women in the labour force, ratio to men” in the Global Competitiveness Index of the World Economic Forum. In the context of implementing the general agreement between the Government of the Republic of Kazakhstan and the national workers’ and employers’ associations for 2012-14, provisions have been included in sectoral and regional agreements and in collective agreements to promote employment, save jobs, create decent working conditions for workers over the age of 50, and adopt programmes to improve the qualifications and mobility of those over 50. Monitoring is carried out in compliance with the requirements of labour law for the prevention of discrimination against persons over the age of 50 in recruitment and during employment. It is prohibited to disseminate job vacancies containing requirements of a discriminatory nature in reference to employment. An active employment policy is now being conducted in Kazakhstan in the framework of the programme. It provides for the creation of permanent jobs, the encouragement of entrepreneurial activity, the creation of social jobs, the organization of entry-level work for young people, and an increase in the occupational and territorial mobility of labour resources. In the first quarter of 2014, the economically active population numbered 9.1 million people, of whom 4.4 million, or 48.4 per cent, were women. Women account for 48.8 per cent of those in employment (4.2 million). In the first quarter of 2014, there were 464,000 unemployed people, the number having fallen by 10,500, or 2.2 per cent, in comparison with the same period in 2013. The unemployment level was 5.1 per cent (5.3 per cent in the first quarter of 2013). The female unemployment level was 5.9 per cent. The proportion of unemployed men in the first quarter of 2014 was 43.8 per cent (203,000), and the figure for women was 56.2 per cent (261,000). No figures are kept on the labour market situation of men and women belonging to ethnic and religious minorities. A general agreement has been concluded for 2012–14 between the Government and the national workers’ and employers’ associations. The agreement sets out the obligations of the parties to secure the necessary conditions for decent work, to introduce standards for the quality of life and to bring about growth in labour productivity and stable employment. The draft general agreement for 2015–17 is under preparation. Moreover, state labour inspectors regularly undergo training courses to improve their qualifications, including courses on the law relating to the prevention of discrimination.

In addition, before the Committee, a Government representative referred to the general agreement that had been concluded for 2012–14 and stated that provisions had been included in sectoral and regional agreements and collective agreements to promote employment and create decent working conditions for workers over the age of 50, and adopt programmes to improve the qualifications of persons over 50. Monitoring was carried out in compliance with the labour law. Moreover, an active employment policy was carried out in Kazakhstan in the framework of the programme “Roadmap for Employment 2020”. In response to the issues raised by the Committee of Experts with respect to the implementation of section 7(2) of the Labour Code, including information on any activities undertaken to disseminate the legislation and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate, the Government representative stated that section 7 of the Labour Code provided that everyone had equal opportunities to enjoy their rights and freedoms at work, and no one could be subjected to discrimination. Race was directly linked to the ground of colour and, in practice, there had been no problems with this particular provision. Consultations would be held at the national level with employers’ and workers’ organizations to discuss this particular issue. With respect to the list referred to in section 186 of the Labour Code, the Government representative indicated that section 186 provided for areas where the work of women was prohibited. Work was prohibited in harmful and hazardous conditions. Manual lifting of loads exceeding a specific weight limit was also prohibited. Resolution No. 1220 of 28 October 2011 contained a list of categories of work where employment of women was prohibited. Over the last 20 years, this list had been revised and updated. These restrictions did not limit the employment of women but existed to protect maternity and women’s health.

The Worker members recalled that Convention No. 111 was one of the fundamental Conventions because discrimination at work constituted a violation of a human right that threatened social cohesion and solidarity, and had an impact on the productivity of enterprises. To achieve equality at work, statutory measures should be supplemented by the implementation of employment policies and education to combat stereotyping, as well as the involvement of state officials at all levels of power, including the judiciary. It should also be guaranteed that the social partners were involved, so that they might participate in negotiations on economic and social issues. As mentioned by the Committee of Experts, attention should be paid to the implementation in practice of the legislation. Despite the employment programmes announced in Kazakhstan and the funds allocated to active labour market policies, the Government had not been able to eliminate certain forms of discrimination affecting women, ethnic or religious minorities and persons who were not ethnic Kazakhs. The Worker members stressed moreover the positive role of the social partners in the area of non-discrimination and the trade union organizations in this area. In order to make equality a reality, independent trade unions were required to relay the complaints of workers who were unfairly disadvantaged. A bill on trade unions was threatening workers’ organizations in Kazakhstan. The Office had voiced reservations on the compliance of this bill with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Worker members pointed out that the fundamental and governance Conventions were closely linked and the application of Convention No. 111 could not be guaranteed without the involvement of the workers’ and employers’ representative organizations. They recalled the Committee of Experts’ comments on the notion of “colour”, which was not considered a ground of discrimination in the Labour Code, whereas this matter constituted a prohibited ground of discrimination under Convention No. 111. According to the Government, this concept was considered inseparable from that of “race” and was adequately covered, but it committed to hold consultations with the workers on the subject. The Worker members expressed the hope that the bill being drafted on trade unions would allow for these consultations referred to in the written information submitted by the Government. The Worker members underlined that the Government discriminated in favour of Kazakhs who constituted a majority in higher state positions; ethnic minorities were the victims of hostility, insults and discrimination in employment. In March 2014, the United Nations Committee on the Elimination of Racial Discrimination reiterated its concern that Kazakhstan had not adopted comprehensive legislation to prevent and combat discrimination in all areas. On the basis of this, and the comments made by the Committee of Experts, the Worker members were of the opinion that the Kazakh legislation as a whole was not in conformity with the Convention, and that the 2013 amendment of the Act of 23 July 1999 had not attained its objective. As regards the exclusion of women from certain occupations, it was impossible to check the list of occupations under section 186 of the Labour Code, as this list was not included in the written information provided by the Government. With respect to equality of men and women in employment, this written information contained figures that the Worker members had not been able to verify. Without wishing to question their accuracy, they referred to the report of the United Nations Committee on the Elimination of Discrimination against Women of 10 March 2014. Although this Committee had noted positive developments, it remained concerned by a number of facts: (i) the concept of gender-based discrimination existed but did not incorporate the issues of direct or indirect discriminations, as required under Convention No. 111; (ii) women who were victims of violence or harassment did not have adequate access to justice and encountered social stigma and negative stereotyping in the world of work and in their daily life; (iii) women and girls encountered difficulties of access to education on grounds of nationality, which was a factor that exacerbated discrimination; and (iv) the wage gap between men and women still existed. On this subject, the situation had somewhat improved with a 6 per cent drop in the wage differentials between men and women, but the average monthly nominal wages for women workers only increased to 67.6 per cent of that of men in 2011. The average monthly wages of men were higher in all areas of activity, including in traditionally “female” occupations such as education and health care. The trend in the reduction of the relative competitiveness of women in the labour market compared to men started during pregnancy and continued during child care. The Worker members concluded that the Government should urgently provide the information requested by the Committee of Experts, while noting the information on the component of the active employment policy concerning the elimination of discrimination, and stressed the need for the optimal functioning of freedom of association.

The Employer members recalled that the Committee of Experts had noted that section 7(2) of the Labour Code covered all of the prohibited grounds set out in Article 1(1)(a) of the Convention, except for colour and it had requested the Government to amend the Code in this regard. The Government had indicated that further consultations would be undertaken on this matter between the Government and the workers’ and employers’ organizations. The Government was urged to conduct such consultations, including with the social partners, with a view to ensuring that the Labour Code prohibited all of the grounds articulated in the Convention. Regarding the list of occupations for which it is prohibited to engage women and the maximum weights for women to lift and move manually, pursuant to section 186(1) and (2) of the Labour Code, the Government had indicated that this list was meant to protect women’s health. However, protective measures applicable to women’s employment that were based on stereotypes regarding women’s professional and physical abilities, as well as stereotypes concerning their role in society, violated the principle of equality of opportunity and treatment between men and women in employment. Therefore, such a list was troubling in light of the obligations of the Convention. The adoption of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women, which provided for gender equality in labour relations as well as in education and training, appeared to be one area of progress in the case. With regard to sections 187, 188 and 189 of the Labour Code, it was problematic when legislation reinforced and prolonged stereotypes regarding the roles of men and women related to family responsibilities, including the stereotype that caring for a child was the primary role of women. If legislation included measures aimed at facilitating the quality of remuneration of work and the reconciliation between work and family responsibilities, they must be applied on an equal basis to both men and women. Sections 187 to 189 of the Labour Code should therefore be amended to grant entitlements related to family responsibilities to men and women on an equal footing. More information should be provided, without delay, regarding Law No. 566-IV of 17 February 2012, which the Government indicated had introduced an amendment to section 189 of the Labour Code. In addition, the information provided by the Government partially responded to the request of the Committee of Experts regarding measures taken to promote and ensure equality of opportunity and treatment for women and men in employment, including in the public sector. Furthermore, the Committee of Experts had expressed its concern related to discrimination against minority groups, particularly non-ethnic Kazakhs, with regard to employment opportunities in state bodies and public services. The Government was encouraged to provide information in this regard, without further delay. The Government was also encouraged to work with the ILO in order to provide such information, including information on progress made in applying the Convention in both law and practice.

The Worker member of the Russian Federation noted that it was important to place the discussion of the case in the context of the recent signing between the Russian Federation, Belarus and Kazakhstan of an agreement establishing a single economic zone. Discrimination, despite being prohibited by the Constitution and national legislation, remained a serious unaddressed issue. To give effect to the law, effective implementation, the involvement of the social partners, and an independent specially trained judiciary were necessary. Discrimination due to trade union membership was very widespread and deep-rooted, and there were many cases in both the private and public sectors of dismissal or intimidation aimed at forcing members to leave unions. In such conditions, the activities of independent trade unions were seriously compromised. Furthermore, there was no independent body to deal with cases of discrimination and the isolated interventions from the labour inspectorate were insufficient given the extent of the phenomenon. The lack of adequate and dissuasive sanctions in cases of violation of the legislation was another problem. In addition, the situation was liable to deteriorate following current significant amendments to labour legislation, which could have the effect of preventing the independent organizations from accessing the collective mechanisms for the defence of workers’ rights. The Government should, in that context, request the ILO to provide extended technical assistance.

The Government representative of Denmark, speaking also on behalf of Finland, Iceland, Norway and Sweden. She recalled that the promotion of gender equality and equal opportunity was one of the central objectives of the ILO and the United Nations. Gender equality was important for the development of successful societies which could only be achieved using the talents of the whole society, both men and women. Gender equality was hence a condition for democracy, economic growth, and welfare. In Nordic countries, where the idea of equal opportunities was an overriding principle, women played a decisive role in the establishment and maintenance of the welfare state. In this respect, she stressed that the role of women in the labour market should not be determined by assumptions and stereotypes and reflected in a legal framework that created obstacles to the equal participation of woman and men in the labour market. She further recalled that the aim of legislation regarding occupational safety and health was to protect all workers irrespective of their gender against risks inherent in their work. Therefore, the Government needed to eliminate all legislation that violated the principle of equality of opportunity and treatment for men and women in employment and occupation. To this end, it was further necessary to amend the legislation reflecting the assumption that the main responsibility for family care lay with women, as well as the legislation which excluded men from certain rights and benefits.

The Worker member of Norway referred to section 186 of the Labour Code and to the list in accordance to which the employment of women was prohibited in 299 occupations. The objective of this prohibition was to protect women from hazardous or difficult work and to avoid health problems. However, provisions relating to the protection of persons working under these conditions should be aimed at protecting the health and safety of both men and women at work. The speaker indicated that in the Nordic countries women could choose their occupation and that protective measures applicable to women’s employment which were based on stereotypes regarding women’s professional abilities and role in society, violated the principle of equality of opportunity and treatment between men and women in employment and occupation. She urged the Government to abolish this list of prohibited occupations and to adopt stricter measures for the protection of occupational health and safety of both men and women.

The Government member of the Russian Federation expressed his appreciation for the significant efforts deployed by the Government in order to achieve conformity with the Convention, particularly by undertaking monitoring and inspections, and where required, imposing administrative sanctions. The discussion had established that the national legislation was not in full compliance with the Convention with regard to the list of hazardous and difficult jobs for which it is prohibited to engage women. This could give the impression of a limitation on the principle of equality between the sexes, but it in fact had the objective of protecting the health of women, who were otherwise well represented in the workforce. The Government should therefore continue to work in the constructive spirit it had demonstrated during the discussion of the case. In conclusion, the speaker underlined that the discussion should focus only on the Convention under examination.

The Government representative stated that the Government would provide due follow-up, together with the ILO, on the grounds of the debate to ensure the full implementation of the Convention. Turning to the intervention of the Worker members, which gave rise to the impression that the Government had not supplied the list of occupations in which women could not be employed, he recalled that information on this list could be found in the written information submitted by the Government to the Committee. In this respect, he considered that the use of many technical terms related to the area of metallurgy had possibly provoked this confusion. In this context, he stressed that the jobs on this list were not tantamount to an indication that women were not qualified or competent to do these jobs. The jobs which appeared on the list were inaccessible for women due to their hazardous nature or difficult conditions. In conclusion, he reiterated that the Government would consider the recommendations of this Committee to ensure full implementation of the Convention.

The Employer members, noting the Government’s indication that the purpose of the list of jobs for which it is prohibited to engage women was for the protection of these persons, reiterated their concern that protective measures based on stereotypes with regard to professional abilities and roles in society violated the principle of equality of opportunity and treatment between men and women in employment and occupation. They supported the comment of the Worker member of Norway that, rather than excluding women from performing some professional roles, it was important to assure that work was safe for both men and women equally. The conclusions should include the areas regarding which the Government was requested to provide further information, as well as information on the progress made with respect to the required changes to the Labour Code. The Government’s indication that it hoped to work on resolving these issues, in order to achieve full compliance with the Convention in both law and practice, was encouraging.

The Worker members emphasized the importance of the question of non-discrimination and the equality of treatment of workers, without the possibility to exclude or giving preference on the grounds of race, colour or sex. It was undeniable that the Government had made important efforts on the subject, but beyond the existence of legislation, its effective application was necessary and there still remained a lot of work on this issue in order to ensure that discrimination on the grounds of colour or race was no longer a reality in the country. The concepts of direct and indirect discrimination were also incorrectly defined which risked cancelling out the measures taken to combat discrimination. Discrimination against women with respect to access to certain professions, concerning acts of violence or harassment at the workplace as well as the level of remuneration remained problems on which the Government had not given a completely satisfactory reply. In the light of these objectives, it was necessary to evaluate the results obtained in the implementation of the Roadmap for Employment 2020 and the general agreement concluded between the Government and the national workers’ and employers’ organizations for the period 2012–14. The consultations to be carried out to this effect implied moreover the full respect of Conventions Nos 87 and 98 and should take place with independent trade unions respecting pluralism. The Government should therefore request technical assistance from the ILO and provide information to the Committee of Experts in time for its session in 2014 concerning the list of occupations from which women were excluded, statistical data on the salary gap between men and women, as well as statistical data on the employment situation of men and women who were not ethnic Kazakhs.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee notes that, in its 2020 observations, the International Trade Union Confederation (ITUC) indicates that despite section 28 of the Law on Employment of the Population prescribing that employers are required to ensure that their job advertisements contain no discriminatory requirements for job applicants, job advertisements published in the media and in open sources show that employers stipulate gender, age and physical requirements. The ITUC also indicates that young women may be denied employment if they are pregnant, and are asked during job interviews whether they are married and intend to have children in the near future, and that there are no legal restrictions on obtaining such information. The Committee notes the Government’s indication, in its report, that in accordance with section 3(2) of the Law on Employment of the Population, state policy in the employment sphere aims to ensure equal opportunity - irrespective of nationality, sex, age, social position, political beliefs, religious faith and any other circumstances - in the exercise of the right to free employment and the free choice of type of activity and profession. Based on section 23 of the Labour Code (fundamental rights and obligations of employers), employers are granted the right to decide for themselves on the recruitment of a candidate, in accordance with his or her qualifications, skills, work experience and the complexity of the work, while employment centres do not have the right to exercise any influence over employers’ recruitment decisions. The Government states that on the Electronic Labour Exchange portal, vacancy notices are published directly by employers and through the system of employment centres which only provide assistance in the search for employment (employment mediation), while the final decision on recruitment is taken by an employer independently. With respect to women, the Government indicates that section 25 of the Labour Code ensures that pregnancy, the existence of children up to the age of three, the fact that a person has not reached the age of majority, or disability, may not restrict the right to conclude an employment contract, excluding the cases provided for by the Labour Code. The Committee asks the Government to provide information on: (i) the application in practice of section28 of the Law on Employment of the Population and section 25 of the Labour Code, and on the obstacles encountered in their implementation; (ii) any awareness-raising activities carried out for employers, workers and their organizations regarding the prohibition of discrimination in job advertising; and(iii) any claims filed with the courts or administrative authorities concerning cases of discrimination regarding these provisions, including court cases of discriminatory recruitment practices, the penalties applied and remedies granted.

Harassment and violence in the workplace. The Committee notes the concerns expressed by the ITUC regarding the lack of specific legislation in Kazakhstan to protect workers from violence and harassment in the workplace, including sexual harassment. It indicates that violence and harassment in the workplace is widespread in various fields of employment and provides concrete examples of incidents that that took place. It calls for the need to introduce and apply, in accordance with national legislation, an integrated and gender-sensitive approach to preventing and addressing violence and harassment in the workplace, including violence and harassment by third parties. The Committee notes that the FEWU also raises concerns regarding the fact that the national legislation has no special regulation protecting from violence and harassment in the world of work, and does not take into account the psychological component of the working environment. The Committee requests the Government to provide information on: (i) the measures taken through legislation and policies to prevent and address harassment and violence in the workplace, as well as awareness-raising activities carried out among workers and employers; and (ii) the procedures in place, or envisaged in practice, in cases of workplace violence, and the actions taken in respect of allegations of sexual harassment at work, including penalties imposed and compensation awarded.

Article 1(2). Inherent job requirements. The Committee notes that the ITUC indicates that certain provisions of the legislation reflect patriarchal and paternalistic norms which regard women as needing protection by men, therefore perpetuating gender stereotypes and leading to direct discrimination in the process of employment. The ITUC refers in particular to section 6(3) of the Labour Code which provides that distinctions, exceptions, preferences and restrictions established for relevant types of labour activity in accordance with the law or as a result of the special care of the state for persons in need of increased social and legal protection — such as women — do not constitute discrimination. This leads to the deterioration of potential opportunities for women as well as to their economic dependence. The Committee notes the Government’s reply that the Republic of Kazakhstan acceded to the United Nations Convention on the Elimination of All Forms of Discrimination against Women in 1998 and that since then, the concept of “discrimination” has been applied in legal practice and is widely used in the texts of the Constitution, adopted laws and regulations, such as per section 1(3) of the State Guarantees of Equal Rights and Equal Opportunities for Men and Women Act, and section 6(2) of the Labour Code. The Government indicates that persons who consider that they have been subject to labour discrimination may refer the matter to a court or other authorities following the established procedures in accordance with section 6(4) of the Labour Code. The Committee recalls that Article 1(2) of the Convention, which provides that a distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, is to be interpreted restrictively and on a case-by-case basis, and that any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements (see the General Survey of 2012 on the fundamental Conventions, paragraphs 827 and 828). The Committee asks the Government to provide information on the application of section 6(3) of the Labour Code in practice, including providing concrete examples of cases where it has been considered that a differentiation, exclusion or preference based on qualifications required to access or perform a certain task did not constitute discrimination.

Article 2. Equality of opportunity and treatment for men and women. The Committee takes note of the data provided by the Government, which indicates the ratio of men and women who benefited from employment creation measures within the framework of the National Entrepreneurship Development Project for 2021–2025, short-term vocational training, and microcredit loans to start their own businesses. The share of employed women within the employment structure is increasing, according to the data provided by the Statistics Committee of the Ministry of National Economy — in the third quarter of 2023 the economically active population included 4.5 million women, while in the third quarter of 2020, it was 3.2 million. The data specifies the number of women who benefited from programmes to promote employment such as the State Programme of Development of Productive Employment and Mass Entrepreneurship, 2017–2021 “Еңбек” (“Labour”) (as of 1 November 2020, the number of women concerned was 246,100, including 122,900 in agriculture, among a total of 580,100 persons), and enterprise initiatives such as the granting of preferential micro-loans and interest-free grants (as of 1 November 2020, about 4,400 women obtained micro-loans, of whom 2,700 opened their own businesses). The Government indicates that 12,300 women participated in the “Bastau Business” project studying the fundamentals of business, 17,700 women obtained grants, 117,200 women were given temporary employment positions (in social employment and public works, or through youth traineeships), and 108,300 women were given permanent employment. Since the inception of the programme, a total of 103,400 women have received support under enterprise initiatives (including 55,700 studying the fundamentals of business, 15,200 obtaining micro-loans, and 32,500 benefiting from interest-free grants). The number of civil servants as of 1 January 2023 was 90,053, the proportion of women in the civil service has remained stable at 55.5 per cent, and 39.2 per cent of managerial positions are held by women. The Government indicates that 97,600 women were employed in subsidized jobs, and specifies the employment rate by sector. The Committee requests the Government to provide: (i) information on the measures taken or envisaged to improve the participation rates of women in those economic sectors and occupations in which they are under-represented, including by encouraging girls and young women to choose non-traditional fields of studies and career paths, and enhancing women’s participation in vocational training courses leading to employment, with opportunities for advancement and promotion; and (ii) statistical data on the impact of such measures.

Enforcement. The Committee recalls that previously, the ITUC submitted observations alleging that the law on gender equality does not provide for sanctions for violations of its provisions nor for a sufficiently effective mechanism for monitoring its implementation. While section 6 of the Labour Code provides that persons who believe that they have been discriminated against in the field of employment have the right to apply to the court or other authorities, the ITUC indicates that there are no other authorities, including specialized bodies, to which a person can apply for protection from discrimination, nor any other bodies that would consider complaints or help change the prevailing discriminatory practices. Furthermore, the ITUC indicates that the issue of reversing the burden of proof in cases of discrimination has not been yet resolved in Kazakhstan legislation and that, as a result, in cases arising from labour relations, disputes in court are considered on the basis of section 72 of the Civil Procedure Code, which establishes that each party must prove the circumstances to which it refers as the basis for its claims. In addition, the weak legal framework for protection against discrimination is compounded by poor enforcement. In its response, the Government indicates that the Ministry of Labour and Social Protection of Kazakhstan constantly monitors the situation in the labour sphere in enterprises throughout the country, including as regards discrimination in payment for work, recruitment, etc. The Committee notes the Government’s indication that as of 1 September 2023, no violations of the requirements of the Gender Equality Act had been registered by labour inspectors while carrying out state-level monitoring. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012 on the fundamental Conventions, paragraphs 870 and 871). The Committee asks the Government to: (i) provide information on any specific measures taken or envisaged to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to identify and address cases of discrimination; (ii) examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice; and (iii) indicate the number of inspections carried out and violations detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the grounds of discrimination concerned and the outcome of the case.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the observations of Fuel and Energy Workers’ Union (FEWU) received on 30 August 2023, on the notion of discrimination and its legislative ban, discriminatory norms in the world of work, gender equality, worker honour and dignity, migrants and protection from discrimination.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that in response to its previous comment and to the concern expressed by the International Trade Union Confederation (ITUC) in its observation of 2020, that the Labour Code does not provide for the possibility of establishing other grounds for discrimination, and in particular discrimination of the basis of skin colour, the Government states in its report that in 2023, the Labour Code was aligned with article 14(2) of the Constitution of the Republic of Kazakhstan, as part of the Act of 27 June 2022 on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving the Quality of Life of Persons with Disabilities. Section 6(2) of the Labour Code, which lists the grounds of discrimination that are prohibited by law, was supplemented with the words “or other circumstances” and now stipulates that nobody may be subjected to any discrimination in the exercise of labour rights on the grounds of origin, social, official or property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disabilities, membership of public associations, or other circumstances. The Government further states that “other circumstances” include any other grounds for discrimination, including colour, and that these provisions make it possible to prevent discrimination against employees on the ground of colour while at work. While noting this information, the Committee observes that the ground of “colour” is not explicitly mentioned in the list under section 6(2) of the revised Labour Code. In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee asks the Government to: (i) indicate whether any interpretation concerning colour or the wording “other circumstances” in section 6(2) of the amended Labour Code has been handed down by the judicial authorities and, if so, provide a copy of these decisions; and (ii) provide information on the steps taken to raise awareness of anti-discrimination provisions in the Labour Code – specifically to prevent discrimination on the ground of colour – among workers, employers and their respective organizations, as well as law enforcement officials.

Direct and indirect discrimination. The Committee notes that in its observations, the FEWU emphasizes that the general prohibition of discrimination in employment in the national legal framework is of a declarative nature, and protection against discrimination remains insufficiently effective. The FEWU states that there is no system of anti-discrimination regulation, nor is there any special comprehensive legislation that fully defines the notion of discrimination, bans discrimination and establishes responsibility for it, except for the Law on State Guarantees of Equal Rights and Equal Opportunities for Men and Women, which defines the notion of discrimination in the context of gender only (section 1(3)). While the Code of Administrative Offences and the Criminal Code establish responsibility for discrimination, the FEWU states that the lack of a comprehensive and universal definition of discrimination often leads to a situation where the law enforcement officers dealing with discrimination are unable not only to provide protection but even to identify it. The FEWU indicates that the prospects of establishing discrimination within the framework of criminal, administrative or civil law are therefore extremely meagre, Kazakhstan lacks sufficient institutional and procedural guarantees to protect rights and freedoms in cases of discrimination, and discriminatory actions are treated as offences only in criminal and administrative law. Noting the existence of a constitutional and legislative framework in relation to discrimination, including in employment and occupation, the Committee wishes to draw the attention of the Government to the fact that the full implementation of the Convention usually requires the adoption of comprehensive legislation defining and prohibiting direct and indirect discrimination, and that a number of features in legislation contribute to addressing discrimination and promoting equality in employment and occupation more effectively: coverage of all workers (no exclusions); provision of a clear definition of direct and indirect discrimination, and of sexual harassment; prohibition of discrimination at all stages of the employment process; explicit assignment of supervisory responsibilities to competent national authorities; establishment of accessible dispute resolution procedures; establishment of dissuasive sanctions and appropriate remedies; shifting or reversing of the burden of proof; provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as collection of relevant data at different levels (see the 2012 General Survey on the fundamental Conventions, paragraphs 854–855). The Committee asks the Government to take every necessary step to ensure that workers are protected, in both law and practice, from both direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide copies of any judicial or administrative decisions relating to cases of direct and indirect discrimination in violation of section 6 of the Labour Code.

Equality of opportunity and treatment for national, ethnic and religious minorities. The Committee notes that in response to its previous request, the Government indicates that in accordance with article 33(4) of the Constitution, citizens of the Republic of Kazakhstan shall have an equal right to serve in public office. The Government also states that pursuant to section 15(1) of the Civil Service Act, admission to a civil service position is based on a competition, and that under section 17(1) of the same Act, citizens applying for civil service positions shall meet the established qualification requirements. It indicates that citizens are entitled to participate in competitions for vacant positions if they have the appropriate education, competence and work experience, and therefore selection for public service is carried out solely on a competitive basis and does not provide for any form of privileges or quotas in the selection procedure. While noting this information, the Committee observes that the Government has not provided data with respect to the distribution of various minorities in the public and private sector. In that regard, the Committee wishes to recall that in the absence of collection and publication of employment statistics disaggregated by national, ethnic and religious origin, the impact of measures taken to address the inequalities disproportionately affecting certain groups and members of those groups (because of their race, colour, national extraction, social origin, religion, and so on) remains uncertain in most cases (2018 general observation on discrimination based on race, colour and national extraction). The Committee wishes to point out that qualitative research on the nature and extent of labour inequalities, including their underlying causes, is crucial in order to design and implement a relevant and effective national equality policy under Articles 2 and 3 of the Convention, and to monitor and evaluate its results. The Committee urges the Government to: (i) 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; (ii) provide information on the measures taken to ensure equal opportunities and treatment for national, ethnic and religious minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes; and (iii) provide information on any cases of ethnic discrimination in the field of employment and occupation reported to the labour inspectorates or dealt with by the courts.

Articles 2 and 3. National equality policy. In reply to its previous request, the Committee notes the Government’s indication that all men and women have equal rights to participate in active employment promotion measures and that, at present, employment creation is being implemented within the framework of the National Entrepreneurship Development Project for 2021–2025 (hereinafter the National Project). As of 1 September 2023, 278,100 women were participants in the National Project. The Government also indicates that in July 2021, a single portal of short-term online training in skills in demand in the labour market was launched (https://skills.enbek.kz) and is available to any citizen of the Republic wishing to learn in-demand skills or improve their qualifications. As of 1 September 2023, 21,900 women were engaged in online training, of whom 19,900 received the certification. Since 2022, training with respect to the basics of entrepreneurship under the Bastau Business project has been automated and implemented through the skills portal. With respect to the professional situation of people with disabilities, the Government indicates that three mechanisms are currently being implemented. First, job quotas for persons with disabilities have been established. In accordance with the Social Code of the Republic of Kazakhstan, local executive authorities ensure the implementation of the state employment promotion policy by setting job quotas for persons with disabilities (2 to 4 per cent of the total number of jobs, excluding jobs in heavy work or with harmful or hazardous working conditions). At the end of the second quarter of 2023, 7,900 people were employed under this framework. Secondly, a procedure for subsidizing employers’ costs associated with equipping a special workplace for the employment of persons with disabilities has been introduced, and the wages for these employees are subsidized for three years. Thirdly, active measures to promote employment as part of the National Project benefit job seekers, the unemployed and other categories of citizens, including persons with disabilities, who may undergo short-term training courses on specializations and qualifications in demand in the labour market, on-the-job training, and online training on the basis of the Electronic Labour Exchange; and obtain state grants for the realization of business ideas. Young people may also participate in the Youth Internships, First Job and Contract of Generations projects to gain initial work experience in their specialization. The Government indicates that since 2023, grants of up to 400 times the Monthly Calculation Index (MCI – 1 million Kazakhstan tenge for business development have been provided to socially vulnerable groups, which include recipients of targeted social assistance and benefits for their spouses and/or large families; social benefits for loss of a breadwinner; migrants; Kandases; persons with disabilities whose ability to work is not contraindicated; persons raising a child with a disability (children with disabilities), and/or their spouses. The Government states that as of 1 September 2023, 34,316 people had applied to participate in the National Project, and employment promotion measures covered 24,866 persons with disabilities. The Committee notes that in its concluding observations of 2024, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the measures taken by the State Party to implement the Convention after its ratification in 2015, notably the 2019 National Plan to ensure the rights and improve the quality of life of persons with disabilities, which includes measures to render the physical environment and education accessible, and improve economic self-sufficiency, quality employment and social services. However, the Committee notes the concerns expressed by the CRPD with regard to: (1) unemployment among persons with disabilities, which is particularly pronounced for persons with disabilities facing multiple and/or intersectional discrimination; limited access of persons with disabilities to jobs in the private sector; and barriers to accessibility in the workplace; and (2) insufficient vocational training and retraining for persons with disabilities in employment (CRPD/C/KAZ/CO/1, 19 April 2024, paragraphs 5 and 57). The Committee requests the Government to: (i) continue providing information on any legal and practical measures adopted to promote equality of opportunity and treatment of persons with disabilities and address the remaining barriers they face in accessing training and employment in both the public and private sectors, as well as provide any assessment made of the impact of these measures; and (ii) provide information on measures taken in relation to the professional situation of rural women, and their impact, as previously requested.

Article 5. Special protection measures. Restrictions on the employment of women. The Committee notes with interest the Government’s indication that the Act of 12 October 2021 on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Social Protection of Certain Categories of Citizens abolished the list of jobs in which women’s labour are restricted. It further adds that this was confirmed by Order of the Ministry of Labour and Social Protection of the Republic of Kazakhstan No. 464 of 10 December 2021. The Committee welcomes the Government’s indication that the Ministry of Labour and Social Protection together with the National Commission on Women’s Affairs and Family and Demographic Policy (hereinafter, “the National Commission”) organized a meeting on 4 June 2021 with the participation of the Human Rights Ombudsman, international experts, and representatives of trade unions and the business community in order to publicly discuss the abolition of the list with target groups, as well as to explain the rights and obligations of both employers and female workers. In addition, territorial labour inspectors organized awareness-raising activities with the public and employers. The Government indicates that 1,171 seminars were held and more than 660 media appearances were made to explain labour legislation and the abolition of the list. A press release on the abolition of the list was posted on the official website and social media networks of the Ministry of Labour and Social Protection and was sent to the media. The Committee welcomes this information and asks the Government to provide information on the number of women who have accessed the jobs on the recently abolished list.

Enforcement and access to legal remedies for victims of discrimination. The Committee notes the ITUC’s statement that employees face discrimination when they attempt to protect their rights by filing a complaint or lawsuit, organize collective action, etc., resulting in dismissal or other repressive or retaliatory action by the employer, and that protection against victimization should therefore be ensured. The Committee also notes that the FEWU raises similar concerns regarding the risk to whistleblowers who might be held responsible, which remains a significant barrier for public disclosure of violations, and the lack of effective legal remedies safeguarding rights in cases of workplace harassment. The Committee notes the Government’s reply that matters relating to sexual harassment, including accusations, investigation, establishment of facts, and determination of guilt and liability, are the prerogative and obligation of the law enforcement and judicial authorities, and not of employers, who do not possess the qualifications, experience and powers to conduct the above procedures in a lawful, qualitative and effective manner. It further indicates that a group of experts comprising representatives of state authorities, social partners, scientific and public organizations, and major companies, has been set up, attached to the Ministry of Labour and Social Protection, to analyse existing labour legislation enforcement, and provide comprehensive examination and consideration of the views of social partners and the business community. The Government adds that proposed standards require detailed preliminary analysis of international experience in this area and the organization of public hearings. The Committee requests the Government to: (i) provide information on the development of provisions providing for sanctions and remedies, and protecting against victimization; (ii) take measures to increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment; and (iii) take the necessary steps to prevent sexual harassment in the workplace, including measures to raise awareness of workers, employers and their organizations regarding available remedies.

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

Enforcement. The Committee notes that the government does not provide information on this point. However, it notes that the CEDAW expressed concerns indicating that “the legal framework on discrimination is fragmented and does not provide effective protection against discrimination in fields such as employment” and that “[t]he law on gender equality does not establish liability in cases of violations of its provisions and lacks an effective monitoring mechanism” (CEDAW/C/KAZ/CO/5, 12 November 2019, para. 11(b) and (c)). In view of the above and of the fact that the Government did not reply to its previous direct request with regard to the enforcement of the Convention, the Committee urges the Government: (i) to take the necessary steps to ensure the effective implementation of the Convention; and (ii) to provide specific information on the implementation of the relevant legislation, as well as on all violations found by the labour inspectorate, and on the decisions of administrative or judicial courts relating to the principle established by the Convention, including the remedies granted and penalties imposed.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workers with family responsibilities. The Committee refers to its previous comments regarding section 187 of the Labour Code of 2007, which required written consent of women with children under the age of 7 years or other persons bringing up motherless children under the age of 7, in cases of night work, overtime work, and rotation work. Sections 188 and 189 granted entitlements to child-feeding breaks or part-time work only to fathers of motherless children. The Committee notes that the protective measures in the new Labour Code of 2015 regarding overtime work, business trips and rotation work have been limited to pregnant women, and that both parents and adoptive parents with a child under the age of 3 are now entitled to work part time (section 70(3)). Written consent for night work is only required from working mothers of children under the age of 7 or persons taking care of motherless children. However, special breaks continue to be granted only to working women with children under 18 months, or stepfathers raising motherless children under 18 months of age (section 82(3)). The Committee emphasizes the importance of granting entitlements for workers with family responsibilities to men and women on an equal footing and it refers in this regard to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156).

Enforcement. The Committee notes the information provided by the Government that, in 2015, the General Prosecutor and the competent state agencies detected 124 cases concerning differentiated wages for Kazakh and foreign workers (in 72 businesses). More generally, investigations by regional prosecutors resulted in 134 supervision orders and 156 administrative cases that were launched against state agencies and business owners. The Committee notes, however, that the Government does not provide specific information on cases of discrimination based on any of the grounds enumerated in the Convention. The Committee requests the Government to provide specific information on compliance with the relevant legislation and any violations detected by labour inspectors, as well as any court or administrative decisions relating to the principle of the Convention including any remedies granted and sanctions imposed.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee previously noted that section 7(2) of the Labour Code of 2007 covered all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, except for the ground of colour. Section 7(2) also included a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (including age, physical disability, tribe and membership in a public association). The Committee notes the adoption of the new Labour Code on 30 November 2015, in particular section 6(2), which includes the grounds of origin, social, office and property status, sex, race, nationality, language, religion, convictions, domicile, age, physical disability, or association with civil society organizations. However, it notes that “colour” has not been added as a prohibited ground of discrimination. The Government previously indicated during the discussion in the Conference Committee on the Application of Standards (May–June 2014) that race was generally understood to be inseparable from skin colour, but that further consultations would be held with representatives of the central state authorities and with the social partners with a view to resolving the issue of colour as a ground of discrimination. The Committee recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate the reasons for the omission of the ground of colour in the legislation and to take the opportunity of any future revision of the Code to include this ground explicitly in the list of the prohibited grounds of discrimination in section 6(2) of the Labour Code of 2015. The Committee also requests the Government to provide detailed information on the measures taken to ensure, in practice, effective protection against discrimination based on the grounds enumerated in the Convention, including colour.

Articles 1 and 2. Exclusion of women from certain occupations. In its previous observations, and following up on the discussion in the Conference Committee on the Application of Standards (May–June 2014), the Committee commented on the potential discriminatory nature of sections 186(1) and (2) of the Labour Code of 2007, regarding jobs for which it was prohibited to engage women and the maximum weights for women to lift and move manually. The Committee notes that section 26(2)(4) of the new Labour Code of 2015 continues to prohibit the employment of women at jobs with hard or hazardous working conditions as per “List of jobs where women cannot be employed”, and that pursuant to section 16(26) of the new Code, the Authorized Agency for Regulation of Labour Relations shall approve the list of occupations prohibited for employment of women, and weight transport limits for women. The Committee recalls that Resolution No. 1220 of 28 October 2011 specified the weight limits for manual lifting and moving by women and contained an updated list of 299 occupations prohibited for women, some of which included operation of weightlifting machines and bulldozer machines. The Government had indicated in this regard, that the prohibitions did not restrict employment but served to protect motherhood and women’s health, in particular taking into account that the level of automation in manufacturing in the country was lower than in the rest of Europe. The Committee notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the persistence of some forms of harmful practices and traditions and patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society, in particular those portraying women as caregivers (CEDAW/C/KAZ/CO/3-4, 10 March 2014, paragraph 16). The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on the fundamental Conventions, 2012, paragraph 788). While noting the Government’s desire to protect the health and safety of women, the Committee urges the Government to take the necessary steps to guarantee equal opportunities and equal protection of health and safety for both men and women, and to review the current list of occupations prohibited to women with a view to ensuring that protective measures on women’s employment are limited to maternity protection in the strict sense, and are not based on stereotypes regarding women’s professional abilities and role in society and the family. The Committee also requests the Government to include information on the measures taken to consult workers’ and employers’ organizations in this regard and the results of such consultations.

Equality of opportunity and treatment between men and women in employment and occupation. The Committee previously noted that in the first quarter of 2014 women represented 48.6 per cent of the employed population, and 56.2 per cent of the unemployed. Women’s participation was 54.6 per cent in the civil service, 31 per cent in industrial production, 26 per cent in construction, 47 per cent in agriculture, forestry and fishing, 60 per cent in finance and insurance, 50 per cent in the professional, scientific and technical sectors, and 74 per cent in education, showing considerable occupational gender segregation of the labour market. The Committee notes that the Government’s report does not contain any of the requested information on the measures taken to implement the national law and policy with a view to promoting and ensuring, in practice, equality between men and women in employment and occupation. The Committee urges the Government to provide detailed information, including statistical data, disaggregated by sex, on the specific measures taken, particularly in the framework of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women, the Strategy for Gender Equality 2006–16 and the “Roadmap for employment to 2020” 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. The Committee also requests the Government to include information on the distribution of women and men in the various vocational training courses and in education.

Equality of opportunity and treatment of national, ethnic, and religious minorities. In its previous observation, the Committee requested the Government to indicate the specific measures taken to promote equality of opportunity in employment and occupation of minorities and improve the representation of non-ethnic Kazakhs in the public service. Noting with regret that the Government’s report once again does not contain a reply on this matter, the Committee recalls that the national equality policy required under Article 2 of the Convention should cover all segments of the population, including national, ethnic and religious minorities. The Committee urges the Government to provide information on the measures taken to this end, including information on the occupational requirements of the public service, in particular the language requirements. The Committee further requests the Government to take the necessary steps to collect and analyse data on the distribution of men and women belonging to minorities in the public and private sectors disaggregated by branch of activity and occupation, as well as their participation levels in vocational training and education.

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Follow-up to the discussion of the Conference Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussions of the Conference Committee on the Application of Standards in May–June 2014. The Committee notes that the Government’s report has not been received.

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that section 7(2) of the Labour Code of 2007 covers all prohibited grounds listed in Article 1(1)(a) of the Convention, except the ground of colour. Section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (including age, physical disability, tribe and membership in a public association). The Committee notes that during the discussions on the application of the Convention at the Conference Committee, the Government indicated that race is generally understood to be inseparable from skin colour, but that further consultations will be held with representatives of the central state authorities and with the social partners with a view to resolving the issue of colour as a ground of discrimination. The Committee recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee encourages the Government to carry out the consultations planned in order to adopt legislation prohibiting discrimination on the ground of colour in employment and occupation and to provide information on any progress made in this respect. The Committee further requests the Government to provide detailed information on the measures taken to ensure effective protection against discrimination based on the grounds of the Convention, including colour.

Article 2. Exclusion of women from certain occupations. The Committee recalls that the list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually, pursuant to section 186(1) and (2) of the Labour Code, shall be determined by the State Labour Authority in agreement with the health authorities. The Committee notes Resolution No. 1220 of 28 October 2011, provided by the Government, which contains an updated list of prohibited jobs for women and sets out the weight limits for manual lifting and moving by women. The Government indicated to the Conference Committee that the list had been updated four times in 20 years, the latest in 2011. The Government further indicated that the prohibitions do not restrict employment but serve to protect motherhood and women’s health, in particular taking into account that the level of automation in manufacturing in the country is lower than in the rest of Europe. The Committee notes that the list contains 299 prohibited occupations some of which include operation of weightlifting machines and bulldozer machines. While the Committee understands that these measures are motivated by the wish to protect women’s health and safety, it recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment of men and women in employment and occupation. The Committee further recalls that special measures for the protection of women should be limited to maternity protection in the strict sense. Moreover, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to take the necessary steps to review the current list of occupations prohibited to women with a view to ensuring equal opportunities and equal protection of health and safety for both men and women, and provide information on the progress made in this regard. Please also include information on the measures taken to consult workers’ and employers’ organizations and the results of such consultations.

Equality of opportunity between men and women in employment and occupation. The Committee notes, from the statistics on women’s employment provided by the Government to the Conference Committee for the first quarter of 2014, that women represented 48.6 per cent of the employed population, and 56.2 per cent of the unemployed. The statistics indicate that women’s participation was 54.6 per cent in the civil service, 31 per cent in industrial production, 26 per cent in construction, 47 per cent in agriculture, forestry and fishing, 60 per cent in finance and insurance, 50 per cent in the professional, scientific and technical sectors and 74 per cent in education. The Government further indicated that the “Roadmap for employment to 2020” includes mechanisms to combat the crisis and also targets women. The Committee 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 which has among its objectives achieving equal representation of men and women in the executive and legislative bodies and in decision-making positions, developing women’s entrepreneurship, and increasing women’s competitiveness in the labour market. The Committee requests the Government to indicate the specific measures taken, particularly in the framework of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men And Women, the Strategy for Gender Equality 2006–16 and the “Roadmap for employment to 2020” to promote and ensure equality of opportunity and treatment for women in employment and occupation in a wide range of jobs, including high-level jobs and those with career prospects. Please provide information, including statistics disaggregated by sex, on the impact of these measures on the participation of women in the labour market (private and public sectors). Please also provide information on the distribution of women and men in the various vocational training courses and in education.

Workers with family responsibilities. The Committee recalls that section 187 of the Labour Code requires written consent of women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother, in cases of night work, overtime work, business trips or rotation work. Sections 188 and 189 provide that fathers have the right to child feeding breaks and to part-time work only with respect to children without a mother. The Committee notes that the Government indicated to the Conference Committee that Law No. 566-IV of 17 February 2012, amending and supplementing the Labour Code for the purpose of combining employment with family responsibilities, introduces amendments to section 189 of the Labour Code making it possible, with mutual consent, for the father to work also part time. Regarding the amendment of sections 187 and 188 of the Labour Code, the Government indicated that these require further study in collaboration with the social partners. The Committee notes the ratification by Kazakhstan of the Workers with Family Responsibilities Convention, 1981 (No. 156), on 17 January 2013. The Committee hopes that the Government will take the necessary measures, in consultation with the employers’ and workers’ organizations, to amend sections 187 and 188 of the Labour Code, so as to grant the entitlements on an equal footing to both women and men, and requests the Government to provide information on any developments in this regard.

Equality of opportunity and treatment of ethnic and religious minorities. The Committee notes that the Government indicated to the Conference Committee that no statistics are available on the labour market participation of men and women from ethnic and religious minorities. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the Government take effective measures to increase the representation of non-Kazakh ethnic groups in the civil service, including by limiting the requirement for mastery of the Kazakh language only to positions where it is essential (CERD/C/KAZ/CO/6-7, 17 March 2014, paragraph 9). The Committee asks the Government to indicate the specific measures taken to promote equality of opportunity in employment and occupation of ethnic and religious minorities and improve the representation of non-ethnic Kazakhs in the public service. Please provide information on the occupational requirements of the public service, in particular the language requirements. The Committee further requests the Government to take the necessary steps to collect and analyse data on the distribution of men and women belonging to ethnic or religious minorities in the public and private sectors disaggregated by branch of activity and occupation.

Enforcement. The Committee notes the information provided by the Government concerning the activities carried out by the labour inspectors, as well as the 200 special investigations undertaken in 2013 concerning discrimination. The Committee requests the Government to continue to provide information on measures taken to monitor compliance with the relevant legislation and any violations detected by the labour inspectors, as well as any court or administrative decisions relating to the principle of the Convention including any remedies provided and sanctions imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the discussion of the Conference Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussions of the Conference Committee on the Application of Standards in May–June 2014. The Committee notes that the Government’s report has not been received.

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that section 7(2) of the Labour Code of 2007 covers all prohibited grounds listed in Article 1(1)(a) of the Convention, except the ground of colour. Section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (including age, physical disability, tribe and membership in a public association). The Committee notes that during the discussions on the application of the Convention at the Conference Committee, the Government indicated that race is generally understood to be inseparable from skin colour, but that further consultations will be held with representatives of the central state authorities and with the social partners with a view to resolving the issue of colour as a ground of discrimination. The Committee recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee encourages the Government to carry out the consultations planned in order to adopt legislation prohibiting discrimination on the grounds of colour in employment and occupation and to provide information on any progress made in this respect. The Committee further requests the Government to provide detailed information on the measures taken to ensure effective protection against discrimination based on the grounds of the Convention, including colour.

Article 2. Exclusion of women from certain occupations. The Committee recalls that the list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually, pursuant to section 186(1) and (2) of the Labour Code shall be determined by the State Labour Authority in agreement with the health authorities. The Committee notes Resolution No. 1220 of 28 October 2011, provided by the Government, which contains an updated list of prohibited jobs for women and sets out the weight limits for manual lifting and moving by women. The Government indicated to the Conference Committee that the list had been updated four times in 20 years, the latest in 2011. The Government further indicated that the prohibitions do not restrict employment but serve to protect motherhood and women’s health, in particular taking into account that the level of automation in manufacturing in the country is lower than in the rest of Europe. The Committee notes that the list contains 299 prohibited occupations some of which include operation of weightlifting machines and bulldozer machines. While the Committee understands that these measures are motivated by the wish to protect women’s health and safety, it recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment of men and women in employment and occupation. The Committee further recalls that special measures for the protection of women should be limited to maternity protection in the strict sense. Moreover, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to take the necessary steps to review the current list of occupations prohibited to women with a view to ensuring equal opportunities and equal protection of health and safety for both men and women, and provide information on the progress made in this regard. Please also include information on the measures taken to consult workers’ and employers’ organizations and the results of such consultations.

Equality of opportunity between men and women in employment and occupation. The Committee notes, from the statistics on women’s employment provided by the Government to the Conference Committee for the first quarter of 2014, that women represented 48.6 per cent of the employed population, and 56.2 per cent of the unemployed. The statistics indicate that women’s participation was 54.6 per cent in the civil service, 31 per cent in industrial production, 26 per cent in construction, 47 per cent in agriculture, forestry and fishing, 60 per cent in finance and insurance, 50 per cent in the professional, scientific and technical sectors and 74 per cent in education. The Government further indicated that the “Roadmap for employment to 2020” includes mechanisms to combat the crisis and also targets women. The Committee 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 which has among its objectives achieving equal representation of men and women in the executive and legislative bodies and in decision-making positions, developing women’s entrepreneurship, and increasing women’s competitiveness in the labour market. The Committee requests the Government to indicate the specific measures taken, particularly in the framework of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men And Women, the Strategy for Gender Equality 2006–16 and the “Roadmap for employment to 2020” to promote and ensure equality of opportunity and treatment for women in employment and occupation in a wide range of jobs, including high-level jobs and those with career prospects. Please provide information, including statistics disaggregated by sex, on the impact of these measures on the participation of women in the labour market (private and public sectors). Please also provide information on the distribution of women and men in the various vocational training courses and in education.

Workers with family responsibilities. The Committee recalls that section 187 of the Labour Code requires written consent of women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother, in cases of night work, overtime work, business trips or rotation work. Sections 188 and 189 provide that fathers have the right to child feeding breaks and to part-time work only with respect to children without a mother. The Committee notes that the Government indicated to the Conference Committee that Law No. 566-IV of 17 February 2012, amending and supplementing the Labour Code for the purpose of combining employment with family responsibilities, which introduces amendments to section 189 of the Labour Code making it possible, with mutual consent, for the father to work also part-time. Regarding the amendment of sections 187 and 188 of the Labour Code, the Government indicated that these require further study in collaboration with the social partners. The Committee notes the ratification by Kazakhstan of the Workers with Family Responsibilities Convention, 1981 (No. 156), on 17 January 2013. The Committee hopes that the Government will take the necessary measures, in consultation with the employers’ and workers’ organizations, to amend sections 187 and 188 of the Labour Code, so as to grant the entitlements on an equal footing to both women and men and requests the Government to provide information on any developments in this regard.

Equality of opportunity and treatment of ethnic and religious minorities. The Committee notes that the Government indicated to the Conference Committee that no statistics are available of the labour market participation of men and women from ethnic and religious minorities. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the Government take effective measures to increase the representation of non-Kazakh ethnic groups in the civil service, including by limiting the requirement for mastery of the Kazakh language only to positions where it is essential (CERD/C/KAZ/CO/6-7, 17 March 2014, paragraph 9). The Committee asks the Government to indicate the specific measures taken to promote equality of opportunity in employment and occupation of ethnic and religious minorities and improve the representation of non-ethnic Kazakhs in the public service. Please provide information on the occupational requirements of the public service, in particular the language requirements. The Committee further requests the Government to take the necessary steps to collect and analyse data on the distribution of men and women belonging to ethnic or religious minorities in the public and private sector disaggregated by branch of activity and occupation.

Enforcement. The Committee notes the information provided by the Government concerning the activities carried out by the labour inspectors, as well as the 200 special investigations undertaken in 2013 concerning discrimination. The Committee requests the Government to continue to provide information on measures taken to monitor compliance with the relevant legislation and any violations detected by the labour inspectors, as well as any court or administrative decisions relating to the principle of the Convention including any remedies provided and sanctions imposed.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that section 7(2) of the Labour Code of 2007 covers all prohibited grounds listed in Article 1(1)(a) of the Convention, except the ground of colour. It also recalls that section 7(2) includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (such as age, physical disability, tribe and membership in a public association). The Committee asks the Government to provide information on the implementation of section 7(2) of the Labour Code, including information on any activities undertaken to make the legislation known and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate. The Committee again recommends that the prohibited ground of colour is added to section 7(2) of the Labour Code.

Article 2. Exclusion of women from certain occupations. The Committee recalls that the list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually pursuant to section 186(1) and (2) of the Labour Code shall be determined by the state labour authority in agreement with the health authorities. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to provide a copy of the list referred to in section 186 of the Labour Code for examination by the Committee, and to indicate how it is ensured that any measures limiting women’s employment are strictly limited to maternity protection.

Equality of men and women in employment and occupation. The Committee recalls that the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women provides for gender equality in labour relations and in education and training, among others. It also recalls that the objectives of the Strategy for Gender Equality 2006–16 include: (i) achieving equal representation of men and women in the executive and legislative bodies and in decision-making positions; and (ii) developing women’s entrepreneurship, and increasing women’s competitiveness in the labour market. The Committee again asks the Government to provide full information on the practical application of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women, as well as on all the measures taken to implement the Strategy for Gender Equality 2006–16, and on the results achieved, including statistical information disaggregated by sex.

The Committee also recalls that sections 194 and 195 of the Labour Code grant paid leave to adoptive parents and unpaid childcare leave to parents until the child reaches the age of 3, which are available for women and men on an equal footing. However, the Committee also recalls that section 187 of the Labour Code requires written consent of women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother in cases of night work, overtime work, business trips or rotation work. Under sections 188 and 189, fathers have the right to child-feeding breaks and to part-time work only in respect of children without a mother. The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to amend sections 187–189 of the Labour Code, so as to grant the entitlements on an equal footing for women and men. The Committee also asks the Government to provide information on the extent to which the entitlements under sections 194 and 195 of the Labour Code are being used by men and women.

Practical application. The Committee notes that the Government has adopted the Employment Programme 2020, which seeks to foster employment opportunities and to provide subsidized trainings to self-employed, unemployed and poorer people, as well as to facilitate entrepreneurship in rural areas. It also notes the Government’s indication that in order to tackle the financial crisis, it has adopted a package of measures to stimulate the economy, including the regional employment and managerial training strategy. As a result of financing US$2.3 billion to this strategy in 2009 and 2010, 258,600 jobs in 2009 and 132,000 jobs in 2010 were created. In addition, 200,000 persons from targeted groups were placed in temporary, state-subsidized jobs and 150,000 persons received training for new jobs. The Government also indicates that the unemployment rate fell from 6.6 per cent in 2008 to 5.4 per cent in 2011. The Committee further notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 2010, noted that, while ethnic groups represented about 36.4 per cent of the population in 2010, more than 84 per cent of public servants as a whole and more than 92 per cent in central government bodies were ethnic Kazakhs; the CERD recommended that the Government takes effective measures with a view to improving the representation of minority groups in state bodies and public services and preventing and combating all forms of discrimination in the selection and recruitment process in the central and local administration (CERD/C/KAZ/CO/4 5, 6 April 2010, paragraph 12). With regard to enforcement, the Committee notes the Government’s indication that it has set up a monitoring and social protection committee in the Ministry of Labour and Social Protection and local monitoring and social protection departments in all regions. The Committee asks the Government to provide the following:

• (i) detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment for women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently under-represented, including within the civil service;
• (ii) the impact of the measures taken to tackle the financial crisis, including statistical information on the participation of men and women, disaggregated by sex, in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;
• (iii) information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including in the context of the Employment Programme 2020, including statistical information on the number of women who have benefited from employment promotion measures;
• (iv) statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service, as well as the measures taken to increase the representation of ethnic or religious minorities in the civil service;
• (v) information on the measures taken to plan and implement activities to raise awareness of the principle of equality, in cooperation with workers’ and employers’ organizations, as envisaged under Article 3(a) and (b) of the Convention; and
• (vi) information on the training provided for law enforcement officials concerning the principle of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that section 7(2) of the Labour Code of 2007 covers all prohibited grounds listed in Article 1(1)(a) of the Convention, except the ground of colour. It also recalls that section 7(2) includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (such as age, physical disability, tribe and membership in a public association). The Committee asks the Government to provide information on the implementation of section 7(2) of the Labour Code, including information on any activities undertaken to make the legislation known and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate. The Committee again recommends that the prohibited ground of colour is added to section 7(2) of the Labour Code.

Article 2. Exclusion of women from certain occupations. The Committee recalls that the list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually pursuant to section 186(1) and (2) of the Labour Code shall be determined by the state labour authority in agreement with the health authorities. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to provide a copy of the list referred to in section 186 of the Labour Code for examination by the Committee, and to indicate how it is ensured that any measures limiting women’s employment are strictly limited to maternity protection.

Equality of men and women in employment and occupation. The Committee recalls that the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women provide for gender equality in labour relations and in education and training, among others. It also recalls that the objectives of the Strategy for Gender Equality 2006–16 include: (i) achieving equal representation of men and women in the executive and legislative bodies and in decision-making positions; and (ii) developing women’s entrepreneurship, and increasing women’s competitiveness in the labour market. The Committee again asks the Government to provide full information on the practical application of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women, as well as on all the measures taken to implement the Strategy for Gender Equality 2006–16, and on the results achieved, including statistical information disaggregated by sex.

The Committee also recalls that sections 194 and 195 of the Labour Code grant paid leave to adoptive parents and unpaid childcare leave to parents until the child reaches the age of 3, which are available for women and men on an equal footing. However, the Committee also recalls that section 187 of the Labour Code requires written consent of women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother in cases of night work, overtime work, business trips or rotation work. Under sections 188 and 189, fathers have the right to child-feeding breaks and to part-time work only in respect of children without a mother. The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). The Committee asks the Government to amend sections 187–189 of the Labour Code, so as to grant the entitlements on an equal footing for women and men. The Committee also asks the Government to provide information on the extent to which the entitlements under sections 194 and 195 of the Labour Code are being used by men and women.

Practical application. The Committee notes that the Government has adopted the Employment Programme 2020, which seeks to foster employment opportunities and to provide subsidized trainings to self-employed, unemployed and poorer people, as well as to facilitate entrepreneurship in rural areas. It also notes the Government’s indication that in order to tackle the financial crisis, it has adopted a package of measures to stimulate the economy, including the regional employment and managerial training strategy. As a result of financing US$2.3 billion to this strategy in 2009 and 2010, 258,600 jobs in 2009 and 132,000 jobs in 2010 were created. In addition, 200,000 persons from targeted groups were placed in temporary, state-subsidized jobs and 150,000 persons received training for new jobs. The Government also indicates that the unemployment rate fell from 6.6 per cent in 2008 to 5.4 per cent in 2011. The Committee further notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observation of 6 April 2010, noted that, while ethnic groups represented about 36.4 per cent of the population in 2010, more than 84 per cent of public servants as a whole and more than 92 per cent in central government bodies were ethnic Kazakhs; the CERD recommended that the Government takes effective measures with a view to improving the representation of minority groups in state bodies and public services and preventing and combating all forms of discrimination in the selection and recruitment process in the central and local administration (CERD/C/ KAZ/CO/4 5, 6 April 2010, paragraph 12). With regard to enforcement, the Committee notes the Government’s indication that it has set up a monitoring and social protection committee in the Ministry of Labour and Social Protection and local monitoring and social protection departments in all regions. The Committee asks the Government to provide the following:

• (i) detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment for women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently under represented, including within the civil service;
• (ii) the impact of the measures taken to tackle the financial crisis, including statistical information on the participation of men and women, disaggregated by sex, in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;
• (iii) information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including in the context of the Employment Programme 2020, including statistical information on the number of women who have benefited from employment promotion measures;
• (iv) statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service, as well as the measures taken to increase the representation of ethnic or religious minorities in the civil service;
• (v) information on the measures taken to plan and implement activities to raise awareness of the principle of equality, in cooperation with workers’ and employers’ organizations, as envisaged under Article 3(a) and (b) of the Convention; and
• (vi) information on the training provided for law enforcement officials concerning the principle of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with interest the adoption of Law No. 223-IV of 8 December 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women. The Law states the main objectives of the state policy to ensure equal rights and opportunities for men and women (section 3) and outlines the competence of Government, and the central and local executive bodies regarding, among others, the development and implementation of the state policy, and the development of regional programmes and proposals to improve legislation and promote the observance of equal rights and opportunities for men and women (sections 6–8). The Law further guarantees equal access to the public service for men and women (section 9) and equal rights and equal opportunities in the context of labour relations (section 10), and in education and training. It also provides that gender equality shall also be ensured through the equal sharing of responsibilities between men and women in the upbringing of children (section 11). The Committee asks the Government to provide full information on the practical application of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women, including the specific measures taken to ensure equal access to the public service. Recalling the adoption of the Strategy for Gender Equality 2006–16, the Committee also requests the Government to provide full details, including statistics disaggregated by sex, on all the measures taken to implement the Strategy, and on the results achieved.

The Committee further notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. Prohibition of discrimination. The Committee notes that the new Labour Code, which was adopted on 15 May 2007, includes a number of provisions which give effect to the Convention. Section 4 declares the prohibition of discrimination to be the principle of the labour legislation of the Republic of Kazakhstan, while section 7 sets out this prohibition in more detail:

• – section 7(1) provides that everyone shall have equal opportunities to exercise their rights and freedoms in the sphere of labour;
• – section 7(2) provides that no one may be subjected to any discrimination in exercising their labour rights based on sex, age, physical disabilities, race, nationality, language, material, social or official position, place of residence, attitude to religion, political convictions, tribe or social stratum or membership of public associations; and
• – section 7(3) provides that differences, exceptions, preferences and restrictions determined by requirements inherent in the nature of the work or dictated by the state’s concern for people in need of increased social and legal protection, do not constitute discrimination.

The Committee notes that these provisions cover all prohibited grounds listed in Article 1(1)(a), of the Convention, except the ground of colour. It also notes that section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (such as age, physical disability, tribe and membership in a public association). The Committee regrets that the ground of citizenship, which was included as a prohibited ground in the previous Labour Code has been removed. The Committee requests the Government to provide information on the implementation of the above provisions, including information on any activities undertaken to make these known and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate. In the absence of such information, the Committee requests the Government to take the measures necessary to collect such data, and to indicate the measures taken to that end. The Committee recommends that the prohibited ground of colour is added to section 7(2).

Equality of men and women in employment and occupation. The Committee notes with interest that the new Labour Code grants paid leave to adoptive parents (either the mother or the father) to care for a newly born adopted child (section 194) and unpaid childcare leave until the child reaches the age of three at the parents’ choice, either for the father or the mother (section 195). The Committee welcomes these measures, in particular those that are available to women and men on an equal footing, and requests the Government to provide information on the extent to which this entitlement is being used by men and women.

However, the Committee notes that under section 187 of the Labour Code the employer is prevented from either engaging in night work or overtime work women with children under the age of seven years and other persons bringing up children under the age of seven years without a mother, or sending them on business trips or to perform rotational work, without their written consent. Under sections 188 and 189, fathers have the right to child-feeding breaks and to part-time work only in respect of children without a mother. The Committee notes that, in accordance with the principle of gender equality, measures aimed at facilitating the reconciliation of work and family responsibilities should be available on an equal footing for women and men. Provisions which reflect an assumption that caring for a child is the primary role of women prolong and reinforce gender inequality in society and the labour market. The Committee therefore requests the Government to amend these provisions accordingly.

Special measures of protection. The Committee notes that, under section 186(1) of the Labour Code, it is prohibited to engage women to perform heavy work or work under harmful and hazardous working conditions. Under section 186(2), it is prohibited for women to lift and move manually weights in excess of the maximum standards established for them. The list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually shall be determined by the state labour authority in agreement with the health authorities. The Committee recalls that special protective measures for women should be limited to safeguarding maternity, and should be proportional to the nature and scope of the protection needed. The Committee requests the Government to provide a copy of the list referred in section 186 of the Labour Code for examination by the Committee.

Practical application. The Committee notes that the Government has not yet replied to a number of requests for information made by the Committee with regard to the application of the Convention in practice. The Committee therefore once again requests the Government to provide the following:

• (i) detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently under represented, including within the civil service;
• (ii) statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;
• (iii) information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures;
• (iv) statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service; and
• (v) information on the measures taken to plan and implement activities to raise awareness of the principles of equality, in cooperation with workers’ and employers’ organizations as envisaged under Article 3(a) and (b) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. Prohibition of discrimination. The Committee notes that the new Labour Code, which was adopted on 15 May 2007, includes a number of provisions which give effect to the Convention. Section 4 declares the prohibition of discrimination to be the principle of the labour legislation of the Republic of Kazakhstan, while section 7 sets out this prohibition in more detail:

–      section 7(1) provides that everyone shall have equal opportunities to exercise their rights and freedoms in the sphere of labour;

–      section 7(2) provides that no one may be subjected to any discrimination in exercising their labour rights based on sex, age, physical disabilities, race, nationality, language, material, social or official position, place of residence, attitude to religion, political convictions, tribe or social stratum or membership of public associations; and

–      section 7(3) provides that differences, exceptions, preferences and restrictions determined by requirements inherent in the nature of the work or dictated by the state’s concern for people in need of increased social and legal protection, do not constitute discrimination.

The Committee notes that these provisions cover all prohibited grounds listed in Article 1(1)(a), of the Convention, except the ground of colour. It also notes that section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (namely age, physical disability, tribe and membership in a public association). The Committee regrets that the ground of citizenship, which was included as a prohibited ground in the previous Labour Code has been removed. The Committee requests the Government to provide information on the implementation of the above provisions, including information on any activities undertaken to make these known and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate. In the absence of such information, the Committee requests the Government to take the measures necessary to collect such data, and to indicate the measures taken to that end. The Committee recommends that the prohibited ground of colour is added to section 7(2).

Equality of men and women in employment and occupation. The Committee notes with interest that the new Labour Code grants paid leave to adoptive parents (either the mother or the father) to care for a newly born adopted child (section 194) and unpaid childcare leave until the child reaches the age of three at the parents’ choice, either for the father or the mother (section 195). The Committee welcomes these measures, in particular those that are available to women and men on an equal footing, and requests the Government to provide information on the extent to which this entitlement is being used by men and women.

However, the Committee notes that under section 187 of the Labour Code the employer is prevented from either engaging in night work or overtime work women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother, or sending them on business trips or to perform rotational work, without their written consent. Under sections 188 and 189, fathers have the right to child-feeding breaks and to part-time work only in respect of children without a mother. The Committee notes that, in accordance with the principle of gender equality, measures aimed at facilitating the reconciliation of work and family responsibilities should be available on an equal footing for women and men. Provisions which reflect an assumption that caring for a child is the primary role of women prolong and reinforce gender inequality in society and the labour market. The Committee therefore requests the Government to amend these provisions accordingly.

Special measures of protection. The Committee notes that, under section 186(1) of the Labour Code, it is prohibited to engage women to perform heavy work or work under harmful and hazardous working conditions. Under section 186(2), it is prohibited for women to lift and move manually weights in excess of the maximum standards established for them. The list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually shall be determined by the state labour authority in agreement with the health authorities. The Committee recalls that special protective measures for women should be limited to safeguarding maternity, and should be proportional to the nature and scope of the protection needed. The Committee requests the Government to provide a copy of the list referred in section 186 of the Labour Code for examination by the Committee.

Practical application. The Committee notes that the Government has not yet replied to a number of requests for information made by the Committee with regard to the application of the Convention in practice. The Committee therefore once again requests the Government to provide the following:

(i)    detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently under‑represented, including within the civil service;

(ii)   statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;

(iii)  information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures;

(iv)   statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service; and

(v)    information on the measures taken to plan and implement activities to raise awareness of the principles of equality, in cooperation with workers’ and employers’ organizations as envisaged under Article 3(a) and (b) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Legislative developments. Prohibition of discrimination. The Committee notes that the new Labour Code, which was adopted on 15 May 2007, includes a number of provisions which give effect to the Convention. Section 4 declares the prohibition of discrimination to be the principle of the labour legislation of the Republic of Kazakhstan, while section 7 sets out this prohibition in more detail:

–      section 7(1) provides that everyone shall have equal opportunities to exercise their rights and freedoms in the sphere of labour;

–      section 7(2) provides that no one may be subjected to any discrimination in exercising their labour rights based on sex, age, physical disabilities, race, nationality, language, material, social or official position, place of residence, attitude to religion, political convictions, tribe or social stratum or membership of public associations; and

–      section 7(3) provides that differences, exceptions, preferences and restrictions determined by requirements inherent in the nature of the work or dictated by the state’s concern for people in need of increased social and legal protection, do not constitute discrimination.

The Committee notes that these provisions cover all prohibited grounds listed in Article 1(1)(a), of the Convention, except the ground of colour. It also notes that section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (namely age, physical disability, tribe and membership in a public association). The Committee regrets that the ground of citizenship, which was included as a prohibited ground in the previous Labour Code has been removed. The Committee requests the Government to provide information on the implementation of the above provisions, including information on any activities undertaken to make these known and information on the number, nature and outcome of discrimination cases dealt with by the courts or the labour inspectorate. In the absence of such information, the Committee requests the Government to take the measures necessary to collect such data, and to indicate the measures taken to that end. The Committee recommends that the prohibited ground of colour is added to section 7(2).

Equality of men and women in employment and occupation. The Committee notes with interest that the new Labour Code grants paid leave to adoptive parents (either the mother or the father) to care for a newly born adopted child (section 194) and unpaid childcare leave until the child reaches the age of three at the parents’ choice, either for the father or the mother (section 195). The Committee welcomes these measures, in particular those that are available to women and men on an equal footing, and requests the Government to provide information on the extent to which this entitlement is being used by men and women.

However, the Committee notes that under section 187 of the Labour Code the employer is prevented from either engaging in night work or overtime work women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother, or sending them on business trips or to perform rotational work, without their written consent. Under sections 188 and 189, fathers have the right to child-feeding breaks and to part-time work only in respect of children without a mother. The Committee notes that, in accordance with the principle of gender equality, measures aimed at facilitating the reconciliation of work and family responsibilities should be available on an equal footing for women and men. Provisions which reflect an assumption that caring for a child is the primary role of women prolong and reinforce gender inequality in society and the labour market. The Committee therefore requests the Government to amend these provisions accordingly.

Special measures of protection. The Committee notes that, under section 186(1) of the Labour Code, it is prohibited to engage women to perform heavy work or work under harmful and hazardous working conditions. Under section 186(2), it is prohibited for women to lift and move manually weights in excess of the maximum standards established for them. The list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually shall be determined by the state labour authority in agreement with the health authorities. The Committee recalls that special protective measures for women should be limited to safeguarding maternity, and should be proportional to the nature and scope of the protection needed. The Committee requests the Government to provide a copy of the list referred in section 186 of the Labour Code for examination by the Committee.

Draft gender equality legislation. The Committee previously noted that a draft law on equal rights and opportunities for men and women is under consideration. The Committee hopes that such legislation can be passed in the near future and requests the Government to provide the text of the law when adopted.

Practical application. The Committee notes that the Government has not yet replied to a number of requests for information made by the Committee with regard to the application of the Convention in practice. The Committee therefore once again requests the Government to provide the following:

(i)    detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently under-represented, including within the civil service;

(ii)   statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;

(iii) information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures;

(iv)  statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service; and

(v)   information on the measures taken to plan and implement activities to raise awareness of the principles of equality, in cooperation with workers’ and employers’ organizations as envisaged under Article 3(a) and (b) of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. Legislative developments. The Committee notes the adoption of the new Labour Code (Act No. 251) on 15 May 2007 which it will examine as soon as a translation becomes available. It also notes that a draft law on equal rights and opportunities for men and women is currently under consideration. The Committee hopes that the legislation will be passed in the near future and requests the Government to ensure that the new gender equality legislation will provide for the principle of equality of opportunity and treatment in accordance with the Convention, providing for a prohibition of direct and indirect discrimination in respect to all aspects of employment and occupation, both in the private and public sectors. The Committee requests the Government to provide the text of the law when adopted.

2. Gender equality in employment and occupation. The Committee notes from the Millennium Development Goals in Kazakhstan Report 2005 that women continue to face serious inequalities in employment and occupation. Gender-based occupational segregation, both vertical and horizontal, remains a major problem, often linked to gender stereotypes about the role of women at work and in the family. The Committee notes that the Government has adopted a Strategy for Gender Equality (2006–16) and a Plan of Action 2006–08 for the implementation of the Strategy. Increasing employment opportunities for men and women is a priority area of cooperation with the ILO under the Decent Work Country Programme for 2007–09. The Committee requests the Government to provide the following in its next report:

(a)   detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently underrepresented, including within the civil service;

(b)    statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;

(c)    information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures.

3. Equality of opportunity and treatment on the basis of race, colour, national extraction and religion. The Committee recalls that the Convention requires the Government to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination based on all the grounds listed in Article 1(1)(a) of the Convention. Accordingly, the Committee, sought information on the situation of the different ethnic groups of the population. Noting that the Government’s report contains no reply in this regard, the Committee urges the Government to provide statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service.

4. Awareness raising and education. The Committee stresses the importance of undertaking information and education activities to raise awareness of the principles of equality and the need to eliminate discrimination in employment and occupation among workers and employers, their respective organizations, as well as the public at large. Please provide information on the measures taken to plan and implement such activities, in cooperation with workers’ and employer’s organizations as envisaged under Article 3(a) and (b) of the Convention.

5. Enforcement of the legislation. The Committee notes that the Government’s report provides no information on cases relating to equality of opportunity and treatment in employment and occupation dealt with by the courts or the labour inspectorate. The Committee requests the Government to provide the information in its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes the adoption of the new Labour Code (Act No. 251) on 15 May 2007 which it will examine as soon as a translation becomes available. It also notes that a draft law on equal rights and opportunities for men and women is currently under consideration. The Committee hopes that the legislation will be passed in the near future and requests the Government to ensure that the new gender equality legislation will provide for the principle of equality of opportunity and treatment in accordance with the Convention, providing for a prohibition of direct and indirect discrimination in respect to all aspects of employment and occupation, both in the private and public sectors. The Committee requests the Government to provide the text of the law when adopted.

2. Gender equality in employment and occupation. The Committee notes from the Millennium Development Goals in Kazakhstan Report 2005 that women continue to face serious inequalities in employment and occupation. Gender-based occupational segregation, both vertical and horizontal, remains a major problem, often linked to gender stereotypes about the role of women at work and in the family. The Committee notes that the Government has adopted a Strategy for Gender Equality (2006–16) and a Plan of Action 2006–08 for the implementation of the Strategy. Increasing employment opportunities for men and women is a priority area of cooperation with the ILO under the Decent Work Country Programme for 2007–09. The Committee requests the Government to provide the following in its next report :

(a)   detailed information on the specific measures taken to promote and ensure equality of opportunity and treatment of women and men in employment and occupation, including measures to promote women’s access to occupations and employment in areas where they are currently underrepresented, including within the civil service;

(b)   statistical information on the participation of men and women in the labour market (private and public sectors), branch of economic activity, occupational group and status of employment;

(c)   information indicating how the principle of gender equality has been integrated into the programmes and measures to promote employment, including statistical information on the number of women who have benefited from employment promotion measures.

3. Equality of opportunity and treatment on the basis of race, colour, national extraction and religion. The Committee recalls that the Convention requires the Government to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination based on all the grounds listed in Article 1(1)(a) of the Convention. Accordingly, the Committee, sought information on the situation of the different ethnic groups of the population. Noting that the Government’s report contains no reply in this regard, the Committee urges the Government to provide statistical information on the position in the labour market of men and women belonging to ethnic or religious minorities, including information on their participation in employment in the civil service.

4. Awareness raising and education. The Committee stresses the importance of undertaking information and education activities to raise awareness of the principles of equality and the need to eliminate discrimination in employment and occupation among workers and employers, their respective organizations, as well as the public at large. Please provide information on the measures taken to plan and implement such activities, in cooperation with workers’ and employer’s organizations as envisaged under Article 3(a) and (b) of the Convention.

5. Enforcement of the legislation. The Committee notes that the Government’s report provides no information on cases relating to equality of opportunity and treatment in employment and occupation dealt with by the courts or the labour inspectorate. The Committee requests the Government to provide the information in its next report.

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

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.

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

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.

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

1. Article 1 of the Convention. Definition of discrimination. The Committee once again refers to it’s 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 Governments 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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first report of the Government. It asks the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. The Committee notes that the Constitution and the Labour Act both prohibit discrimination on all of the grounds covered by the Convention. Recalling that the Convention prohibits both direct and indirect forms of discrimination - a concept that refers to situations in which apparently neutral laws or practices result in inequalities on the basis of the grounds listed in the Convention - the Committee requests 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. The Committee notes the Government’s indication that no differences exist between the grounds of discrimination covered by the Convention and those grounds covered by the relevant national laws. However, article 14 of the Constitution and section 4 of the Labour Act also prohibit discrimination on grounds of property or official status, language and place of residence, and section 4 of the Labour Act includes membership of social associations and citizenship as impermissible grounds for discrimination. It 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. The Committee notes the Government’s statement that support in finding work, career development guidance and vocational training are provided for under the Employment Act and Government Ordinance No. 836 of 19 June 2001. The Committee asks the Government to provide copies of the abovementioned legislation, together with information relating to the measures undertaken on the basis of said legislation specifically to promote the principle of equality in employment.

4. The Committee notes the Government’s statement that, in accordance with the Social Partnership Act of 2000, a general agreement encompassing such issues as social development, the shaping of the labour market, and the adoption of fundamental principles and rights in the labour sphere is concluded annually between the Government and representatives of workers’ and employers’ associations. It requests the Government to provide copies of the Act and the general agreement concluded under it.

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 the 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 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.