Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Turkmenistan (Ratification: 1997)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Prohibition of discrimination. Legislation. Noting that the Government report does not respond to its previous request for clarification, the Committee once again asks the Government: (i) to take the necessary steps to amend Law No. 363-V of 26 March 2016 on Public Service to ensure that civil servants are protected against discrimination on the ground of “colour”, and to clarify whether the term “origin” referred to in section 7 of the Labour Code and section 22(1) of Law No. 363-V covers “social origin” and “national extraction”; and (ii) to provide specific information on the extent to which the above-mentioned legislative provisions cover both direct and indirect discrimination, as well as all stages of the employment process, including access to vocational training, employment and particular occupations, and terms and conditions of employment.

Scope of application. Referring to its previous comments where it noted that the Labour Code excludes from its scope of application “other persons, as determined by law” (section 5(6)(3)), the Committee notes the Government’s indication that the workers concerned are officers and persons from other ranks in internal affairs agencies which are governed by the Law on Internal Affairs Agencies. The Government adds that these workers are protected in practice from protection against discrimination, as stipulated by the corresponding laws and regulations. The Committee takes note of the Government’s statement and requests it to provide a copy of this legislation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Noting that the Government report does not provide information in this regard, the Committee asks once again the Government: (i) to take the necessary steps to ensure that all workers are protected in law and practice against all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) to provide adequate means of redress; and (iii) to provide information on any proactive measures taken to prevent and prohibit sexual harassment at work, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact.

Article 1(1)(b). Additional grounds. Disability. Further to the Committee previous requests concerning the employment of persons with disabilities, the Government indicates that the implementation of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20 is in progress and that the employment of people in particular need of social support, including persons with disability, is continuing in line with the regulations setting a quota of 2 to 5 per cent of jobs in enterprises to be filled by persons with disabilities. In that regard, the Committee notes that the statistics provided show a decrease in the rate of employment of persons with disability between 2018 (6 per cent), 2019 (5.4 per cent) and 2020 (2.7 per cent). The Government informs the Committee that it is in the process of establishing a State Register of Persons with Disabilities, which would include essential information on each person with disability in order to identify their employment-related needs. In the interest of facilitating vocational training for people with disabilities and widening their employment opportunities in both the public and private sectors, the Ministry of Healthcare and the Medical Industry, in consultation with the Ministry of Labour and Social Protection, have developed and adopted a practical guideline on the type of jobs and occupations available for people with disabilities. The Committee notes also the information provided by the Government on its efforts to widen the range of social services available for persons with disability. The Committee trusts the Government is implementing these measures in a non-discriminatory way. Accordingly, the Committee asks the Government: (i) to provide information on the results of the measures adopted in the framework of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20; and (ii) investigate the reasons for the drastic decrease in the number of persons with disabilities employed between 2018 and 2020 despite the implementation of a quota policy, and the measures taken or envisaged to remedy them. It also asks the Government to provide information on any steps taken to facilitate vocational training and promote employment opportunities for persons with disabilities, both in the public and private sectors. Finally, the Committee further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, the sanctions imposed, and the remedies granted.

Article 1(2). Inherent requirements of a particular job. In response to the Committee’s request to provide examples of the implementation in practice of the concept of “inherent requirements of the job” mentioned in article 7(2) of the Labour Code, the Government refers to situations where job applicants have to undergo preliminary medical examinations or specific tests in order to be hired. In that regard, the Committee notes that section 6(2) of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men contains similar provisions (“any distinction in employment justified by inherent requirements of the job is not considered to be discrimination”) and that, pursuant to section 6(4) of the same law, the establishment of requirements for professional qualifications based on the ability to perform duties only by persons of a certain sex do not constitute discrimination. The Committee wishes to draw once again the Government’s attention to the fact that, women should have the right to pursue freely any job or profession, and that exceptions relating to inherent requirements of a particular job should be interpreted restrictively and on a case-by-case basis, objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see the 2012 General Survey on the Fundamental Conventions, paragraph 788 and 819). The Committee asks again the Government to provide concrete examples of cases in which the concept of “inherent requirement of a particular job”, mentioned in the Labour Code and the Law No. 264-V has been applied in practice, including by providing any administrative or judicial decisions interpreting the concept of “inherent requirements of a particular job”. The Committee asks the Government to provide information on any steps taken, including in collaboration with employers’ and workers’ organizations, to ensure that the above-mentioned legislative provisions do not perpetuate gender stereotypes, nor lead in practice to direct or indirect discrimination against women.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Previously the Committee requested the Government to strengthen its efforts to improve equality of opportunity and treatment between men and women in employment and occupation and to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy. The Government states that implementation of the National Action Plan for Gender Equality 2015–2020 (hereafter the ‘Gender Equality Action Plan 2015–2020’), the National Action Plan for Human Rights 2016–2020, the National Action Plan for the Implementation of Children’s Rights 2018–2022, the National Plan to Combat Trafficking in Persons 2020–2022, and programmes of measures to implement these plans, which cover various aspects of improving women’s situation, have allowed Turkmenistan to make significant progress in resolving the issues around the equal rights and opportunities of women and men. According to the evaluation of the Gender Equality Action Plan 2015–2020, the implementation brought about positive reforms to the issue of equality of opportunity and treatment between men and women in employment and occupation. The country noteworthy achievements in this field include reaching gender parity in educational enrolment, ensuring decent working conditions, strengthening women’s position in society and increasing women’s representation in elected office. The evaluation of the implementation of the Gender Equality Action Plan 2015–2020 determined that additional efforts were required to address the issues surrounding the improvement of national law, the promotion of positive social gender norms, the active participation of local government in the implementation of gender policy and the strengthening of the mechanisms for monitoring and evaluating all aspects of its implementation. The Government informs the Committee that the Gender Equality Action Plan 2021–2025 was approved by resolution of the President in December 2020 and includes seven strategic strands, inter alia, equal access to education, women and girl’s economic rights and opportunities, women’s participation at all levels, and the strengthening of the legislative framework and institutional mechanisms. The Committee notes from the statistical information provided by the Government that, in 2020, women accounted for 45.8 per cent of the labour force and 46.1 per cent of the employed; and remained concentrated in healthcare and social services, education, and manufacturing sectors, while tended to be employed in mining and quarrying, public administration and defence, water supply, wastewater treatment, waste management and material recovery. The Government indicates that, in education, gender imbalance is reducing at levels and that girls are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee asks the Government to provide information on : (i) the specific measures adopted to implement the new Gender Equality Action Plan, 2021-2025 and the results obtained in terms of enhancing women’s economic empowerment and access to decision-making positions; and (ii) the concrete measures taken or envisaged to overcome the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes and prejudices. Finally, it asks the Government to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy.

Reconciliation of work and family responsibilities. The Committee previously noted that section 243 of the Labour Code provides for specific measures for women workers with children, such as the prohibition of overtime, night work, work during weekends, public holidays and commemorative days, and travel restrictions, and that men with family responsibilities are only granted the same rights if they are responsible for children without a mother (section 249 of the Labour Code). Thus, it had asked the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing. The Committee notes that, the Government confirms that section 249 of the Labour Code only applies to men who are bringing up their children without a mother (because she has died, forfeited her parental rights, is undergoing a lengthy stay in a medical facility, or is otherwise unavailable to care for her children). It adds however that: (1) section 97 of the Labour Code states that leave to care for children under the age of three may be granted to either a mother or a father who is looking after the child, as well as to the child’s official guardian, if the mother and father are unable to do so; and (2) section 246 entitles the parent who is caring for a child with disabilities under the age of 18 to an extra paid day off per month. The Committee asks again the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring non-discriminatory treatment to both men and women and that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to both women and men on an equal footing. It also asks the Government to provide information, disaggregated by sex, on the number of men and women exercising the right to childcare leave set out in section 97 of the Labour Code, or requesting unpaid parental leave, flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Given the absence of legislative provisions expressly prohibiting discrimination in employment on the ground of “national extraction”, the Committee asked the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspect of employment and occupation. According to the Government, under section 3 of the Law on Migration (2012), migration in Turkmenistan is governed by the principle of the prohibition of infringement of the rights and freedoms of individuals on the grounds of ethnicity, race, sex, origin, property, official position, place of residence, language, attitude to religion, political convictions, membership or non-membership of any political party or other grounds. The Government adds that the Law on Refugees (2017), provides that a person who has been granted the status of refugee is entitled to employment, use of health and social welfare services, on an equal footing with Turkmen nationals, unless otherwise specified by law. The Committee wishes to recall that, in the context of the Convention, discrimination on the basis of race is generally examined together with discrimination based on colour, since “colour” is one of the ethnic characteristics that differentiate human beings; and that, under the Convention the term “race” includes any discrimination against linguistic communities or minority groups whose identity is based on religious or cultural characteristics or national or ethnic origin. The Committee also recalls that national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Committee therefore asks the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspects of employment and occupation, including in access to education in employment, in particular in the public sector. It also asks the Government to provide statistical information on the participation of members of ethnic minorities and migrant workers in the labour market, both in public and private sectors, as well as at all levels of education.

Article 3(a). Cooperation with employers’ and workers’ organizations. In this regard, the Committee notes the Government’s information that in October 2018, the Parliament (Mejlis) adopted the Law No.78-V0 setting up the Tripartite Commission for the Regulation of Social and Labour Relations, which main tasks are ,inter alia : (1) to conduct tripartite negotiations in compliance with labour law; (2) draft the annual General Agreement between the parties; (3) facilitate the regulation of social and labour regulations; (4) undertake consultations on drafts laws, regulations and state programmes concerning work, employment and social protection; and (5) study international protection and cooperate in this field with international organizations and bodies. The Committee observes that several meetings have been held and a work plan established for 2020. The Committee asks the Government to provide information on the activities carried out, in the framework of the Tripartite Commission for the Regulation of Social and Labour Relations, to promote the acceptance and observance of the national equality policy in employment and occupation.

Article 5. Restrictions on women’s employment. Previously, the Committee asked the Government to consider reviewing sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No. 264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee notes the Government’s indication according to which, on 2 March 2019, section 243 of the Labour Code was amended to remove the existing prohibition on women’s employment in jobs with unsafe and/or unhealthy working conditions apart from in non-manual jobs or jobs in cleaning and staff welfare services. The Government adds that the Labour Code protects pregnant women and women who have children under the age of 18 months. While noting the information about the removal of the restrictions on women’s employment, the Committee asks the Government to provide a copy of the new text of sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No.264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection.

Enforcement and awareness-raising. In response to the Committee request for information on any awareness-raising activities on the principle of the Convention and assessment of the implementation of the legislative provisions and policy measures, the Government indicates that, in 2020, the Office of the Ombudsperson received 47 written communications (16 per cent of the total) and 29 verbal communications (12.8 per cent of the total) on employment related matters; most were connected with hiring, and as a result, disciplinary penalties were imposed on three officials. The Committee notes however that the Government does not indicate whether these cases concerned discrimination. The Government further adds that, under article 33 of the Law 476-V of 23 November 2016, one of the Ombudsperson’s priority areas of work is to assist in raising the public’s awareness of human rights. To this end, over the last three years, she has organized 18 seminars in every province to inform the public about national and international human rights law, including women’s rights, jointly with United Nations agencies and the Organization for Security and Co-operation in Europe. The Committee asks the Government to provide information on: (i) any awareness-raising activities on the provisions of the Convention and the legal framework in force regarding discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, undertaken in collaboration with employers’ and workers’ organizations; and (ii) any cases of discrimination dealt with by the labour inspectors, the Ombudsman, the courts or any other enforcement authorities, specifying the sanctions imposed and the remedies granted.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Prohibition of discrimination. Legislation. Noting that the Government report does not respond to its previous request for clarification, the Committee once again asks the Government: (i) to take the necessary steps to amend Law No. 363-V of 26 March 2016 on Public Service to ensure that civil servants are protected against discrimination on the ground of “colour”, and to clarify whether the term “origin” referred to in section 7 of the Labour Code and section 22(1) of Law No. 363-V covers “social origin” and “national extraction”; and (ii) to provide specific information on the extent to which the above-mentioned legislative provisions cover both direct and indirect discrimination, as well as all stages of the employment process, including access to vocational training, employment and particular occupations, and terms and conditions of employment.

Scope of application. Referring to its previous comments where it noted that the Labour Code excludes from its scope of application “other persons, as determined by law” (section 5(6)(3)), the Committee notes the Government’s indication that the workers concerned are officers and persons from other ranks in internal affairs agencies which are governed by the Law on Internal Affairs Agencies. The Government adds that these workers are protected in practice from protection against discrimination, as stipulated by the corresponding laws and regulations. The Committee takes note of the Government’s statement and requests it to provide a copy of this legislation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Noting that the Government report does not provide information in this regard, the Committee asks once again the Government: (i) to take the necessary steps to ensure that all workers are protected in law and practice against all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) to provide adequate means of redress; and (iii) to provide information on any proactive measures taken to prevent and prohibit sexual harassment at work, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact.

Article 1(1)(b). Additional grounds. Disability. Further to the Committee previous requests concerning the employment of persons with disabilities, the Government indicates that the implementation of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20 is in progress and that the employment of people in particular need of social support, including persons with disability, is continuing in line with the regulations setting a quota of 2 to 5 per cent of jobs in enterprises to be filled by persons with disabilities. In that regard, the Committee notes that the statistics provided show a decrease in the rate of employment of persons with disability between 2018 (6 per cent), 2019 (5.4 per cent) and 2020 (2.7 per cent). The Government informs the Committee that it is in the process of establishing a State Register of Persons with Disabilities, which would include essential information on each person with disability in order to identify their employment-related needs. In the interest of facilitating vocational training for people with disabilities and widening their employment opportunities in both the public and private sectors, the Ministry of Healthcare and the Medical Industry, in consultation with the Ministry of Labour and Social Protection, have developed and adopted a practical guideline on the type of jobs and occupations available for people with disabilities. The Committee notes also the information provided by the Government on its efforts to widen the range of social services available for persons with disability. The Committee trusts the Government is implementing these measures in a non-discriminatory way. Accordingly, the Committee asks the Government: (i) to provide information on the results of the measures adopted in the framework of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20; and (ii) investigate the reasons for the drastic decrease in the number of persons with disabilities employed between 2018 and 2020 despite the implementation of a quota policy, and the measures taken or envisaged to remedy them. It also asks the Government to provide information on any steps taken to facilitate vocational training and promote employment opportunities for persons with disabilities, both in the public and private sectors. Finally, the Committee further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, the sanctions imposed, and the remedies granted.

Article 1(2). Inherent requirements of a particular job. In response to the Committee’s request to provide examples of the implementation in practice of the concept of “inherent requirements of the job” mentioned in article 7(2) of the Labour Code, the Government refers to situations where job applicants have to undergo preliminary medical examinations or specific tests in order to be hired. In that regard, the Committee notes that section 6(2) of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men contains similar provisions (“any distinction in employment justified by inherent requirements of the job is not considered to be discrimination”) and that, pursuant to section 6(4) of the same law, the establishment of requirements for professional qualifications based on the ability to perform duties only by persons of a certain sex do not constitute discrimination. The Committee wishes to draw once again the Government’s attention to the fact that, women should have the right to pursue freely any job or profession, and that exceptions relating to inherent requirements of a particular job should be interpreted restrictively and on a case-by-case basis, objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see the 2012 General Survey on the Fundamental Conventions, paragraph 788 and 819). The Committee asks again the Government to provide concrete examples of cases in which the concept of “inherent requirement of a particular job”, mentioned in the Labour Code and the Law No. 264-V has been applied in practice, including by providing any administrative or judicial decisions interpreting the concept of “inherent requirements of a particular job”. The Committee asks the Government to provide information on any steps taken, including in collaboration with employers’ and workers’ organizations, to ensure that the above-mentioned legislative provisions do not perpetuate gender stereotypes, nor lead in practice to direct or indirect discrimination against women.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Previously the Committee requested the Government to strengthen its efforts to improve equality of opportunity and treatment between men and women in employment and occupation and to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy. The Government states that implementation of the National Action Plan for Gender Equality 2015–2020 (hereafter the ‘Gender Equality Action Plan 2015–2020’), the National Action Plan for Human Rights 2016–2020, the National Action Plan for the Implementation of Children’s Rights 2018–2022, the National Plan to Combat Trafficking in Persons 2020–2022, and programmes of measures to implement these plans, which cover various aspects of improving women’s situation, have allowed Turkmenistan to make significant progress in resolving the issues around the equal rights and opportunities of women and men. According to the evaluation of the Gender Equality Action Plan 2015–2020, the implementation brought about positive reforms to the issue of equality of opportunity and treatment between men and women in employment and occupation. The country noteworthy achievements in this field include reaching gender parity in educational enrolment, ensuring decent working conditions, strengthening women’s position in society and increasing women’s representation in elected office. The evaluation of the implementation of the Gender Equality Action Plan 2015–2020 determined that additional efforts were required to address the issues surrounding the improvement of national law, the promotion of positive social gender norms, the active participation of local government in the implementation of gender policy and the strengthening of the mechanisms for monitoring and evaluating all aspects of its implementation. The Government informs the Committee that the Gender Equality Action Plan 2021–2025 was approved by resolution of the President in December 2020 and includes seven strategic strands, inter alia, equal access to education, women and girl’s economic rights and opportunities, women’s participation at all levels, and the strengthening of the legislative framework and institutional mechanisms. The Committee notes from the statistical information provided by the Government that, in 2020, women accounted for 45.8 per cent of the labour force and 46.1 per cent of the employed; and remained concentrated in healthcare and social services, education, and manufacturing sectors, while tended to be employed in mining and quarrying, public administration and defence, water supply, wastewater treatment, waste management and material recovery. The Government indicates that, in education, gender imbalance is reducing at levels and that girls are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee asks the Government to provide information on : (i) the specific measures adopted to implement the new Gender Equality Action Plan, 2021-2025 and the results obtained in terms of enhancing women’s economic empowerment and access to decision-making positions; and (ii) the concrete measures taken or envisaged to overcome the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes and prejudices. Finally, it asks the Government to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy.

Reconciliation of work and family responsibilities. The Committee previously noted that section 243 of the Labour Code provides for specific measures for women workers with children, such as the prohibition of overtime, night work, work during weekends, public holidays and commemorative days, and travel restrictions, and that men with family responsibilities are only granted the same rights if they are responsible for children without a mother (section 249 of the Labour Code). Thus, it had asked the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing. The Committee notes that, the Government confirms that section 249 of the Labour Code only applies to men who are bringing up their children without a mother (because she has died, forfeited her parental rights, is undergoing a lengthy stay in a medical facility, or is otherwise unavailable to care for her children). It adds however that: (1) section 97 of the Labour Code states that leave to care for children under the age of three may be granted to either a mother or a father who is looking after the child, as well as to the child’s official guardian, if the mother and father are unable to do so; and (2) section 246 entitles the parent who is caring for a child with disabilities under the age of 18 to an extra paid day off per month. The Committee asks again the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring non-discriminatory treatment to both men and women and that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to both women and men on an equal footing. It also asks the Government to provide information, disaggregated by sex, on the number of men and women exercising the right to childcare leave set out in section 97 of the Labour Code, or requesting unpaid parental leave, flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Given the absence of legislative provisions expressly prohibiting discrimination in employment on the ground of “national extraction”, the Committee asked the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspect of employment and occupation. According to the Government, under section 3 of the Law on Migration (2012), migration in Turkmenistan is governed by the principle of the prohibition of infringement of the rights and freedoms of individuals on the grounds of ethnicity, race, sex, origin, property, official position, place of residence, language, attitude to religion, political convictions, membership or non-membership of any political party or other grounds. The Government adds that the Law on Refugees (2017), provides that a person who has been granted the status of refugee is entitled to employment, use of health and social welfare services, on an equal footing with Turkmen nationals, unless otherwise specified by law. The Committee wishes to recall that, in the context of the Convention, discrimination on the basis of race is generally examined together with discrimination based on colour, since “colour” is one of the ethnic characteristics that differentiate human beings; and that, under the Convention the term “race” includes any discrimination against linguistic communities or minority groups whose identity is based on religious or cultural characteristics or national or ethnic origin. The Committee also recalls that national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Committee therefore asks the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspects of employment and occupation, including in access to education in employment, in particular in the public sector. It also asks the Government to provide statistical information on the participation of members of ethnic minorities and migrant workers in the labour market, both in public and private sectors, as well as at all levels of education.

Article 3(a). Cooperation with employers’ and workers’ organizations. In this regard, the Committee notes the Government’s information that in October 2018, the Parliament (Mejlis) adopted the Law No.78-V0 setting up the Tripartite Commission for the Regulation of Social and Labour Relations, which main tasks are ,inter alia : (1) to conduct tripartite negotiations in compliance with labour law; (2) draft the annual General Agreement between the parties; (3) facilitate the regulation of social and labour regulations; (4) undertake consultations on drafts laws, regulations and state programmes concerning work, employment and social protection; and (5) study international protection and cooperate in this field with international organizations and bodies. The Committee observes that several meetings have been held and a work plan established for 2020. The Committee asks the Government to provide information on the activities carried out, in the framework of the Tripartite Commission for the Regulation of Social and Labour Relations, to promote the acceptance and observance of the national equality policy in employment and occupation.

Article 5. Restrictions on women’s employment. Previously, the Committee asked the Government to consider reviewing sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No. 264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee notes the Government’s indication according to which, on 2 March 2019, section 243 of the Labour Code was amended to remove the existing prohibition on women’s employment in jobs with unsafe and/or unhealthy working conditions apart from in non-manual jobs or jobs in cleaning and staff welfare services. The Government adds that the Labour Code protects pregnant women and women who have children under the age of 18 months. While noting the information about the removal of the restrictions on women’s employment, the Committee asks the Government to provide a copy of the new text of sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No.264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection.

Enforcement and awareness-raising. In response to the Committee request for information on any awareness-raising activities on the principle of the Convention and assessment of the implementation of the legislative provisions and policy measures, the Government indicates that, in 2020, the Office of the Ombudsperson received 47 written communications (16 per cent of the total) and 29 verbal communications (12.8 per cent of the total) on employment related matters; most were connected with hiring, and as a result, disciplinary penalties were imposed on three officials. The Committee notes however that the Government does not indicate whether these cases concerned discrimination. The Government further adds that, under article 33 of the Law 476-V of 23 November 2016, one of the Ombudsperson’s priority areas of work is to assist in raising the public’s awareness of human rights. To this end, over the last three years, she has organized 18 seminars in every province to inform the public about national and international human rights law, including women’s rights, jointly with United Nations agencies and the Organization for Security and Co-operation in Europe. The Committee asks the Government to provide information on: (i) any awareness-raising activities on the provisions of the Convention and the legal framework in force regarding discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, undertaken in collaboration with employers’ and workers’ organizations; and (ii) any cases of discrimination dealt with by the labour inspectors, the Ombudsman, the courts or any other enforcement authorities, specifying the sanctions imposed and the remedies granted.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Legislation. Prohibition of discrimination. The Committee previously noted that section 7 of the Labour Code protects workers against discrimination in labour relations on the grounds of “nationality, race, sex, origin, property and official status, place of residence, language, age, religion, political opinion, political affiliation and lack of affiliation to any party, as well as other circumstances not related to occupational skills of employees and the results of their work”. The Committee notes with interest that the ground of “colour” was included in section 7, as a result of Law No. 417-V of 18 June 2016 amending and supplementing the Labour Code, and in the new Constitution adopted in 2016. It further notes that section 22(1) of Law No. 363-V of 26 March 2016 on the Public Service protects workers in the public sector (excluded from the Labour Code) against discrimination in access to employment on the grounds of “nationality, race, sex, origin, property and official status, place of residence, language, religion, political opinion, political affiliation or lack of affiliation to any party”. Noting that the ground of “colour” is not included in Law No. 363-V, the Committee wishes to recall that where legal provisions are adopted in order to give effect to the Convention, they should at least include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention, namely sex, race, colour, religion, political opinion, national extraction and social origin. It further recalls that the concept of “national extraction” covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and differs from “nationality”. Noting that relevant legislative provisions refer to “origin” the Committee further recalls that the ground of “social origin” covers situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see 2012 General Survey on the fundamental Conventions, paragraphs 764, 802 and 853). The Committee therefore asks the Government to take the necessary steps to amend Law No. 363-V of 26 March 2016 on Public Service to ensure that civil servants are protected against discrimination on the ground of “colour”, and to clarify whether the term “origin” referred to in section 7 of the Labour Code and section 22(1) of Law No. 363-V covers “social origin” and “national extraction” as explained above. It again asks the Government to provide specific information on the extent to which the above-mentioned legislative provisions cover both direct and indirect discrimination, and at all stages of the employment process, including access to vocational training, employment and particular occupations, and terms and conditions of employment.

Scope of application. Noting that the Labour Code excludes from its scope of application, and therefore from the protection against discrimination set out under section 7, “other persons, as determined by law” (section 5(6)(3)), the Committee asks the Government to provide information on the categories of workers who are excluded and on any measures taken to ensure that these categories of workers enjoy protection against discrimination in law and in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that section 16 of Law No. 154 of 14 December 2007 on State Guarantees for Equal Rights for Women protects women against “sexual assault, abduction and human trafficking”, and that section 137 of the Criminal Code prohibits “coercion to engage in acts of a sexual nature”. The Committee notes from the Government’s report that section 24 of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men reproduces section 16 of Law No. 154 which was repealed by the new Law. The Committee notes the Government’s indication that “such provision will serve as a basis for amending national legislation on these matters and for further legislative initiatives to prevent all forms of violence against women”, as provided for under the National Action Plan on Human Rights for 2016–20.The Committee notes with regret, however, that the Government did not seize this opportunity to include specific provisions to prevent and eliminate all forms of sexual harassment in the workplace. The Committee further notes that in their 2018 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on Economic, Social and Cultural Rights (CESCR) both expressed concern about the absence of legislation on sexual harassment in the workplace and the general lack of understanding of its criminal nature and harmful effects (CEDAW/C/TKM/CO/5, 25 July 2018, paragraph 36; and E/C.12/TKM/CO/2, 31 October 2018, paragraph 20). Recalling that sexual harassment is a serious manifestation of sex discrimination which requires sufficiently dissuasive sanctions and adequate compensations, the Committee asks the Government to take the necessary steps to ensure that all workers are protected in law and practice against all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment), and to provide adequate means of redress. It further asks the Government to provide information on any proactive measures taken to prevent and prohibit sexual harassment at work, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact.

Article 1(1)(b). Additional grounds. Disability. The Committee recalls that section 265 of the Labour Code prohibits discrimination against persons with disabilities, ensuring them full socio-economic rights enshrined in the Constitution. It welcomes the adoption in October 2016 of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20. This aims to create conditions that support the employment of disabled persons by introducing a hiring quota of 5 per cent. While welcoming this information, the Committee notes that in its 2018 concluding observations, the CESCR expressed concern about discrimination in employment faced by persons with disabilities, both in the public and private sectors, as well as at the fact that the employment rate among persons with disabilities is very low, despite the measures taken to stimulate their employment in the framework of the action plan (E/C.12/TKM/CO/2, 31 October 2018, paragraph 18). In that regard, it notes, from the report submitted by the Government in the context of the Universal Periodic Review (UPR), that in large and medium-sized enterprises, persons with disabilities accounted only for 0.5 per cent of the total number of employees in 2016 (A/HRC/WG.6/30/TKM/1, 26 February 2018, paragraph 231). The Committee asks the Government to provide information on any steps taken, including in the framework of the Action Plan to ensure full exercise of employment and occupation rights by persons with disabilities for 2017–20, to facilitate vocational training and promote employment opportunities for persons with disabilities, both in the public and private sectors, including by ensuring the effective implementation of employment quotas. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, the sanctions imposed and the remedies granted.

Article 1(2). Inherent requirements of a particular job. The Committee previously noted that section 7(2) of the Labour Code provides that “any distinction in employment justified by inherent requirements of the job is not considered to be discrimination” and requested the Government to provide examples of the practical implementation of this provision. The Committee notes that, once again, the Government does not provide any information on this issue. The Committee also notes that section 6(2) of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men contains similar provisions and that, pursuant to section 6(4) of the same law, the establishment of requirements for professional qualifications based on the ability to perform duties only by persons of a certain sex do not constitute discrimination. The Committee draws the Government’s attention to the fact that women should have the right to pursue freely any job or profession and 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 (see the 2012 General Survey, paragraph 788). In light of the persistent occupational gender segregation of the labour market, the Committee again asks the Government to provide examples of the application of section 7(2) of the Labour Code and section 6(2) of Law No. 264-V in practice, including by providing any administrative or judicial decisions interpreting the concept of “inherent requirements of the job”. It further asks the Government to provide concrete examples of cases in which section 6(4) of Law No. 264-V has been applied in practice. The Committee asks the Government to provide information on any steps taken, including in collaboration with employers’ and workers’ organizations, to ensure that the above-mentioned legislative provisions do not perpetuate gender stereotypes, nor lead in practice to direct or indirect discrimination against women.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Referring to its previous comments on persistent occupational gender segregation and gender discrimination in both access to employment and in terms and conditions of work, the Committee notes from the statistical information provided by the Government that, in 2016, women represented 45.1 per cent of the total number of persons actually employed, but only 42.8 per cent of the economically active population. It further notes that women are still concentrated in sectors such as manufacturing, healthcare and social services and education, while men tend to be employed in extracting industries, electricity and gas, construction and transport. Furthermore, in 2016, only 25 per cent of managers were women, while they still represent 64.4 per cent of clerical support workers. The Committee notes the Government’s statement that various awareness-raising campaigns took place to eradicate stereotypes concerning “women’s work” and “men’s work” in education and employment, in particular at the time of choosing an occupation and field of study. The Government indicates that while there is virtually no gender imbalance in primary and secondary education, women only represent 35.3 per cent of those entering higher education. The Committee welcomes the adoption of the National Action Plan on Gender Equality (NAPGE) for 2015–20 and the National Action Plan for Human Rights (NAPHR) for 2016–20, which, according to the information provided by the Government, set out strategic goals for the advancement of gender equality and the enhancement of women’s participation in the socio-economic sphere. Noting the Government’s statement that the elimination of discriminatory gender stereotypes is a key component of the NAPGE, the Committee notes that the Government does not provide any concrete information on the content and impact of the measures envisaged or implemented in the framework of both action plans. It further notes that, in their 2018 concluding observations, the CEDAW and CESCR expressed concern about : (i) the low participation of women in the formal labour market and under-representation in the public and private sectors, in particular at decision-making levels, including in the public sector, as well as reports that women are prohibited from taking higher-level positions; (ii) the high concentration of women in unskilled jobs, in particular in the agricultural sector; (iii) the low enrolment rates among women and girls in higher education and technical and vocational education, as well as the persistent under-representation of women and girls in non-traditional fields of study and career paths, such as science, technology, engineering and mathematics; (iv) the persistent horizontal and vertical occupational segregation of the labour markets; as well as (v) reports of government authorities prohibiting women from travelling abroad to pursue higher education and to seek employment opportunities and of coercing women of Turkmen nationality living abroad as migrant workers to return to Turkmenistan, including through the intimidation of family members and threats of punitive measures in the event that they do not return (CEDAW/C/TKM/CO/5, 25 July 2018, paragraphs 18, 26, 32 and 34; and E/C.12/TKM/CO/2, 31 October 2018, paragraph 20). The Committee asks the Government to strengthen its efforts to improve equality of opportunity and treatment between men and women in employment and occupation by (i) effectively enhancing women’s economic empowerment and access to decision-making positions; (ii) overcoming the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes and prejudices; as well as (iii) by encouraging girls and women to choose non-traditional fields of study and professions. It asks the Government to provide detailed information on the content and impact of the concrete measures implemented to that end, including in the framework of the National Action Plan for Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20, and to provide a copy of any assessments made in that regard. The Committee asks the Government to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy

Reconciliation of work and family responsibilities. The Committee previously noted that section 243 of the Labour Code provides for specific measures for women workers with children, such as the prohibition of overtime, night work, work during weekends, public holidays and commemorative days, and travel restrictions, and that men with family responsibilities are only granted the same rights if they are responsible for children without a mother (section 249 of the Labour Code). Noting the repeated lack of information from the Government in its regard, the Committee notes that, in their 2018 concluding observations, the CEDAW and the CESCR expressed concern about the persistent discriminatory stereotypes regarding the roles and responsibilities of women and men in society and in the family, and the insufficient measures taken to promote the concept of shared family responsibilities. The Committee notes the Government’s statement that more women than men make use of flexible working arrangements, such as part-time work and temporary work, to combine work and family responsibilities. The Committee recalls that, when legislation, collective agreements or other measures reflect 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. It 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 and recalls that the Workers with Family Responsibilities Convention, 1981 (No. 156), provides important guidance on measures to overcome discrimination based on family responsibilities and to assist workers with family responsibilities with a view to promoting equality of opportunity and treatment between men and women, and between workers with family responsibilities and other workers (see 2012 General Survey, paragraph 786). In light of the persistent gender stereotypes regarding women’s and men’s roles in the family and in society, the Committee asks the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing. It also asks the Government to provide information on any measures taken to improve the reconciliation of work and family responsibilities for men and women workers, as well as on any awareness-raising activities carried out to address stereotyped assumptions that the main responsibility for family care lies with women, and on their outcomes.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that section 4(9) of Law No. 411-V of 18 June 2016 on Employment provides for the protection of the domestic labour market by establishing “quotas for attracting foreign labour”, defined by section 1(8) of the Law as the share of foreign labour as a percentage of the total number of employees in an enterprise, organization or institution determined by the Cabinet of Ministers. It further notes that in their concluding observations, several UN treaty bodies recently expressed concern about: (i) restrictions on the recognition of diplomas obtained from foreign universities and the difficulties such workers face in obtaining employment in the public sector; and (ii) discrimination faced by foreign workers and members of ethnic minority groups, including those with Turkmen nationality and those with non-Turkmen surnames, and recommended that steps should be taken to ensure that they have equal access to education and employment (E/C.12/TKM/CO/2, 31 October 2018, paragraph 39(c); CEDAW/C/TKM/CO/5, 25 July 2018, paragraphs 32 and 46; and CERD/C/TKM/CO/8-11, 7 February 2017, paragraph 17). Given the absence of legislative provisions expressly prohibiting discrimination in employment on the ground of “national extraction”, the Committee asks the Government to provide information on the application of section 4(9) of Law No. 411-V in practice, including examples of quotas on foreign labour set in the public and private sectors. It further asks the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspect of employment and occupation, including in access to education in employment, in particular in the public sector. The Committee asks the Government to provide statistical information on the participation of members of ethnic minorities and migrant workers in the labour market, both in public and private sectors, as well as at all levels of education.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee again asks the Government to provide detailed information on any steps taken in practice to ensure that the social partners are made aware of, and promote equality of treatment and opportunity in employment and occupation with a view to eliminating any discrimination in respect thereof.

Article 5. Restrictions on women’s employment. The Committee previously noted that section 7(2) of the Labour Code provides that any distinction in employment justified by particular state policies on categories of people who need increased social and legal protection (women, minors, disabled persons and others) established by law is not considered to be discrimination. The Committee asked the Government to consider amending such provision to limit the protection of women to what is strictly necessary to protect maternity. While noting that the Government did not provide any information in this regard, the Committee notes with regret that similar provisions were included in section 6(3) of Law No. 264 V of 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men. It further notes the Government’s repeated indication that, pursuant to section 243 of the Labour Code, a list of jobs, occupations and positions with a risk/particularly high risk of occupational accident or disease in which the employment of women is restricted is currently being reviewed by the competent authorities. The Government adds that such a list will take into consideration the maximum loads to be lifted and carried manually by women workers as provided for in section 242(2) of the Labour Code, risk factors for occupational accidents and diseases (whether chemical, physical or biological) and the physical and mental stress involved in a job. The Committee again recalls that, when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention. In this regard, the Committee considers 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. In addition, 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 2012 General Survey, paragraphs 839 and 840). The Committee notes that in its 2018 concluding observations, the CEDAW also expressed concern about the list of professions considered dangerous and unsuitable for women and the consistent position of the State party that such distinctions are not discriminatory under the current legislation (CEDAW/C/TKM/CO/5, 25 July 2018, paragraph 34). The Committee notes that the Human Rights Council, in the context of the Universal Periodic Review (UPR), also recommended that the Government revise provisions in the Labour Code that justify restriction on women’s employment based on gender stereotypes (A/HRC/39/3, 6 July 2018, paragraph 114). Referring to its 2019 direct request on the Equal Remuneration Convention, 1951 (No. 100) concerning earnings differentials between men and women resulting from restrictions imposed on women’s employment, the Committee asks the Government to consider reviewing sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No. 264-V in light of the principle of gender equality, to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard.

Application in practice. Noting the establishment of an Ombudsman in March 2017, as a result of Law No. 476-V of 23 November 2016, and the Government’s statement, that as a positive result of the implementation of an effective gender equality policy, no citizens filed complaints regarding infringements of the provisions of the Convention before courts or other enforcement bodies, and that consequently, no sanctions or other remedies were imposed, the Committee wishes to recall that the Convention goes beyond discrimination on the ground of sex and that no society is free from discrimination. In this regard, the Committee draws the Government’s attention to the fact that where no cases or complaints are being lodged on discrimination issues, this may rather 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 (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to take proactive steps to: (i) raise awareness on legislative provisions and policy measures, including on the procedures and remedies available; (ii) make assessments on the implementation of such provisions and measures, including in the framework of the National Action Plan on Gender Equality (2015–2020) and the National Action Plan on Human Rights (2016–2020); and (iii) promote and enforce the application of the principle of the Convention. It asks the Government to provide information on the content and outcomes of any activities undertaken in this regard, including in collaboration with employers’ and workers’ organizations, as well as on any cases of discrimination dealt with by the labour inspectors, the Ombudsman, the courts or any other enforcement authorities, specifying the sanctions imposed and the remedies granted.

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

Article 1(1)(a) of the Convention. Prohibition of discrimination. Definition. The Committee previously noted that section 7 of the Labour Code protects workers against discrimination in employment. It requested the Government to clarify whether this protection applies to all workers, including civil servants, and all aspects of employment, including vocational training, recruitment and terms and conditions of employment. The Government referred to the provisions of the Civil Service Act and the Employment Act to explain that workers, including civil servants, are protected from discrimination in employment and occupation. However, the Committee was not able, from the report alone, to assess the scope of the protection afforded by these legal texts. The Committee further notes the absence of any information indicating whether section 7(1) of the Labour Code covers both direct and indirect discrimination. It recalls that indirect discrimination is when the same conditions, treatment or criteria are applied to everyone, but result in a disproportionately harsh impact on specific groups or individuals with certain characteristics, and are not closely related to the inherent requirements of the job. Such discrimination is subtle and less visible, making it even more important to ensure that there is a clear framework for addressing it, and proactive measures are required to eliminate it (see General Survey on the fundamental Conventions, 2012, paragraphs 744–746). The Committee requests the Government to indicate:

• (i) how and by what provisions of the Labour Code it is ensured that protection against discrimination applies to all workers and all aspects of employment, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as provided for in Article 1(1)(a) of the Convention;
• (ii) whether the non-discrimination provisions apply to all workers, including civil servants, and cover at least all the grounds enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin; and
• (iii) whether section 7(1) of the Labour Code includes a prohibition on indirect discrimination.

Discrimination on the basis of sex. Sexual harassment. The Committee notes that section 16 of Act No. 154 on state guarantees for equal rights for women, protects women against sexual assault, abduction and human trafficking, and that section 137 of the Criminal Code prohibits coercion to engage in acts of a sexual nature. However, it remains unclear whether there are any legal provisions currently in force directly addressing the issue of sexual harassment at work. The Committee wishes to point out in this respect that addressing sexual harassment only through criminal proceedings is normally insufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (see the 2012 General Survey, paragraph 792). The Committee also notes the Government’s indication that there are no statistics on crimes committed under section 137 of the Criminal Code because they are prosecuted privately and that there has been no reported case of sexual harassment. The Committee requests the Government to take the necessary measures to ensure that all workers are protected in law and practice against all forms of sexual harassment in employment and occupation, and to provide adequate means of redress. It requests the Government to provide information on the measures taken in this respect, including on the relevant laws or regulations adopted. In the meantime, the Committee requests information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns, etc.).

Article 1(2). Inherent requirements of a particular job. The Committee recalls that under section 7(2) of the Labour Code, “any distinction in employment justified by inherent requirements of the job … is not considered to be discrimination”. The Committee notes that the Government has not provided examples of the practical implementation of this provision, nor any judicial decision interpreting the concept of “inherent requirements of the job”. The Committee recalls that the concept of “a particular job” refers to a specific and definable job, function or task. Any limitation within the context of this exception must be required by the characteristics of the particular job, and be in proportion to its inherent requirements, and must be interpreted restrictively (see also the General Survey of 1988 on equality in employment and occupation, paragraphs 125–127). The Committee therefore requests the Government to provide examples of the practical application of this provision, including any judicial decisions interpreting the concept of “inherent requirements of the job”.

Article 2. Equality of opportunity and treatment of men and women. The Committee recalls that under section 12 of Act No. 154 on state guarantees for equal rights for women, any discrimination against women is prohibited. From the statistical data provided, the Committee notes that in 2013 women represented 20.3 per cent of the people entering basic vocational education, 47 per cent of those entering secondary vocational education and 34.3 per cent of those entering higher vocational education. The Government further indicated that women represented 50.2 per cent of the employed, but only 42.3 per cent of the economically active population. It notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) continued to express serious concerns about the attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, and was concerned by the Government’s limited efforts to tackle discriminatory practices (CEDAW/C/TKM/CO/3-4, 9 November 2012, paragraph 20). Indeed, the Committee notes from the Government’s report that women work predominantly in the education and health sectors, and that gender discrimination persists in both access to employment and terms and conditions of work. The Committee therefore requests the Government to take practical measures to combat sexist stereotypes relating to the roles and skills of men and women in employment and in society, and to effectively promote access by women to a wider range of occupations, including awareness-raising activities and educational programmes on gender equality, and to provide information in this regard. Please continue to provide updated statistical data, disaggregated by sex, on the situation of men and women in Turkmenistan.

Further, the Committee recalls that Chapter I of Part XIII of the Labour Code contains measures applying to persons with family responsibilities, including measures concerning women workers with children, such as the prohibition of overtime, night work, work during public holidays, and weight and travel restrictions. While the Committee understands that these measures are motivated by the wish to protect women’s unequal burden of family responsibilities and their 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 are in violation of the principle of equality of opportunity and treatment of men and women in employment and occupation. The Committee further recalls that such provisions may have the effect of excluding men with family responsibilities from certain rights and benefits. In this regard, the Committee notes that, under section 249 of the Labour Code, men with family responsibilities are only granted the same rights if they are responsible for children without a mother. Noting that the Government’s report does not contain any information in this regard, the Committee once again requests the Government to elaborate on its views concerning the compatibility of these provisions with the principle of equal opportunity and treatment. The Government is also requested to indicate any measures taken, in practice, to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing.

Article 2. Equality of opportunity and treatment with respect to grounds other than sex. Noting the absence of information in the Government’s report, the Committee requests the Government to provide full particulars on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment in all aspects of private and public employment, including recruitment, without distinction based on the grounds of race, religion and national extraction. The Government is also requested to provide detailed information on any restrictions that may be imposed in practice on members of national and ethnic minorities with respect to access to education, training and employment in both the private and the public sectors, and on the concrete measures taken to ensure their protection against direct and indirect discrimination in employment and occupation. Please provide statistical information on the participation of members of minorities in the labour market (public and private sectors) and all levels of education.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that regular monitoring of trade union activities takes place to ensure compliance with labour law and occupational safety rules. However, the Government did not explain how it ensures that the social partners are made aware of, and promote equality of, treatment and opportunity at work. The Committee therefore requests the Government to provide detailed information on the steps taken in practice to seek the cooperation and observance of a policy promoting equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

Article 5. Special measures of protection. The Committee noted previously that, in accordance with section 7(2) of the Labour Code, any distinction in employment justified by particular state policies on categories of people who need increased social and legal protection (women, minors, disabled persons and others) established by law is not considered to be discrimination. The Government indicates in its report that this includes the protection of motherhood and the ban on women’s, youth and children’s employment in particular types of work. It further indicates that it is in the process of drafting a list of jobs with particular working conditions, in which the employment of women and people under the age of 18 is prohibited or restricted, and specifying the maximum weight that may be carried or transported by these categories of workers. The Committee recalls that, when provisions relating to protective measures for women are considered, a distinction should be made between special measures to protect maternity, as envisaged in Article 5, and measures based on stereotypical views of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. The Committee requests the Government to consider amending the provisions of the Labour Code to ensure that the special measures for the protection of women are limited to what is strictly necessary to protect maternity, and to provide information on any measures taken in this regard. The Committee requests the Government to provide detailed information on the list of jobs with harmful working conditions prohibited for women referred to in section 243 of the Labour Code, established by decision of the Cabinet of Ministers.

Parts III–V of the report form. The Committee recalls that, in accordance with section 404 of the Labour Code, the enforcement of the labour legislation is entrusted to a specialized public body, trade unions, technical and labour inspectorates, local governments and responsible ministries. The Committee once again requests the Government to provide concrete information on the enforcement activities undertaken by these bodies and organizations with respect to discrimination in employment and occupation. Please also provide information, including studies and official reports, as well as statistics disaggregated by sex, which could help the Committee to gain a general appreciation of the application of the Convention.

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

The Committee notes the Government’s first report which contains detailed information on the economic situation of the country and the legal framework on employment and labour. While awaiting translation of some of the relevant provisions of labour legislation relating to the Convention, the Committee requests the Government to provide further information on the following points.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. Legislation. The Committee notes that the Constitution provides for equality of individuals and citizens before the law regardless of their nationality, race, gender, origin, property and official status, place of residence, language, religion, political beliefs, party affiliation or lack of affiliation to any party. It also notes that section 7(1) of the Labour Code provides that “no restriction with respect to employment rights or the granting of any advantages is permitted on the basis of nationality, race, sex, origin, property or employment status, place of residence, language, attitude to religion, political convictions, party affiliation or non-membership of any party, or other factors unrelated to the abilities and performance of workers”. The Committee notes that the Labour Code refers specifically to some of the grounds enumerated in Article 1(1)(a) of the Convention, namely race, sex, religion and political opinion. It also refers to additional grounds, as foreseen in Article 1(1)(b) of the Convention, including origin, property or employment status, place of residence, language, party affiliation or non-membership of any party. The Committee observes however that it is unclear whether section 7(1) covers indirect discrimination, which is discrimination that occurs when the same condition, treatment or criteria are applied to everyone but results in a disproportionately harsh impact on specific groups or individuals protected by the Convention, and is not closely related to the inherent requirements of the job. With respect to the non-discrimination provisions of the Labour Code, the Committee requests the Government to provide clarifications on the following points:

(i)    whether the protection of workers against discrimination applies to all aspects of employment, including access to vocational training, access to employment (recruitment) and to particular occupations, and terms and conditions of employment;

(ii)   whether the non-discrimination provisions apply to all workers, including civil servants; and

(iii)  how the protection of workers against indirect discrimination is ensured.

While noting that section 7(1) of the Labour Code prohibits discrimination on the basis of “other factors unrelated to the abilities and performance of workers”, the Committee requests the Government to consider the possibility of including provisions referring explicitly to the prohibition of discrimination based on colour, national extraction and social origin, in line with Article 1(1)(a) of the Convention. Please also provide information on the practical application of the non-discrimination provisions of the Labour Code, including examples of “other factors” referred to in section 7(1) that have been considered discriminatory by the enforcement or judicial authorities.

Discrimination on the basis of sex. Sexual harassment. With reference to its general observation of 2002, the Committee requests the Government to provide information on the measures taken to prohibit and prevent sexual harassment at work. Please also provide information on any cases of sexual harassment dealt with by the competent authorities.

Article 1(2). Inherent requirements of a particular job. The Committee notes that, according to section 7(2) of the Labour Code, “any distinction in employment justified by inherent requirements of the job … is not considered to be discrimination”. The Committee requests the Government to provide information on the practical implementation of this provision, including any judicial decisions interpreting the concept of “inherent requirements of the job”.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes that, according to the Act No. 154 of 14 December 2007 on state guarantees for equal rights for women, any discrimination on the basis of sex is prohibited (section 12(1)) and women have the same rights as men with respect to work protection, employment, entrepreneurship, access to posts, equal remuneration for work of equal value, occupational safety and health, promotion, training and family responsibilities (section 12(2)). The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its deep concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of men and women in the family and the society, which are a root cause of the disadvantaged position of women in a number of areas, including in the labour market (CEDAW/C/TKM/CO/2, 2 June 2006, paragraph 14). Furthermore, CEDAW also noted with concern the low percentage of women in higher education and the persistent stereotyping that results in women pursuing careers in areas traditionally seen as suitable for them (paragraph 30). In this respect, the Committee notes that the statistics on education, vocational training and employment provided by the Government in its report are not disaggregated by sex, and therefore do not enable the Committee to have a clear overview of the situation of women in these areas. The Committee therefore requests the Government to provide detailed information on the situation of men and women with respect to their participation in employment and occupation. This information should include statistical data on the following:

(i)    the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skills development;

(ii)   employment and unemployment of men and women; and

(iii)  the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility.

The Government is also requested to provide information on the practical measures taken to combat sexist stereotypes relating to the roles and skills of men and women in employment and in the society and to effectively promote access by women to a wider range of occupations, including awareness-raising activities and educational programmes regarding gender equality.

The Committee notes that Chapter I of Part XIII of the Labour Code contains measures applying to persons with family responsibilities, a number of which concern only women workers with children (prohibition of overtime, night work, work during week-ends and public holidays; and travel restrictions). While noting that such provisions may be well-intentioned and seen as corresponding to the needs of women who continue to bear the unequal burden of family responsibilities, the Committee considers that they may also raise issues with respect to equality of opportunity and treatment. Such provisions may reinforce and prolong social attitudes and stereotypes that hinder the realization of gender equality, while, at the same time, excluding men from certain rights and benefits. The Committee requests the Government to elaborate on its views concerning the compatibility of these provisions with the principle of equality of opportunity and treatment, and on whether any measures are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing.

Article 2. Equality of opportunity and treatment with respect to grounds other than sex. The Committee notes that the Labour Code prohibits discrimination based on certain grounds, including nationality, race, origin, property or official status, place of residence, language and attitude to religion. The Committee further notes from the Government’s report that, according to the Law on Employment, the State’s policy in the field of employment shall ensure equal opportunities for all citizens regardless of race, sex, attitude to religion, age, political convictions, nationality or social position (section 4) and guarantee protection against any form of discrimination and equality of opportunity for all citizens in finding an occupation and a job (section 11).

The Committee notes that in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its deep concern as regards “consistent information relating to the policy of “Turkmenization” conducted by the State party, and implemented through various measures in the field of employment, education and political life. Furthermore, CERD expressed concern regarding the “severe restrictions” faced by national and ethnic minorities on their participation in the labour force, in particular in public sector employment (CERD/C/TKM/CO/5, 27 March 2007, paragraphs 12 and 13).

The Committee requests the Government to provide full particulars in its next report on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment in all aspects of private and public employment, including recruitment, without distinction based on the grounds of race, religion and national extraction. The Government is also requested to provide detailed information on any restrictions imposed in practice on members of national and ethnic minorities with respect to access to education, training and employment in both the private and the public sectors, and on concrete measures taken to ensure their protection against direct and indirect discrimination in employment and occupation. Please provide statistical information on the labour market participation (public and private sectors) and in all levels of education of members of minorities.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to provide information on any steps undertaken to seek the cooperation of workers’ and employers’ organizations in promoting the acceptance and observance of a policy promoting equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

Article 5. Special measures of protection. The Committee notes that, according to section 7(2) of the Labour Code, any distinction in employment justified by particular state policies on categories of people who need increased social and legal protection (women, minors, disabled persons and others) established by law is not considered to be discrimination. The Committee requests the Government to provide information on the practical application of section 7(2) of the Labour Code, in particular on any specific protective measures relating to employment and occupation as well as any affirmative action or other measures taken to promote the access of specific groups to employment and occupation, and their results. The Committee also requests the Government to provide detailed information on the list of jobs with harmful working conditions prohibited for women referred to in section 243 of the Labour Code, established by decision of the Cabinet of Ministers.

Parts III–V of the report form. The Committee notes that in accordance with section 404 of the Labour Code, the enforcement of the labour legislation is entrusted to a specialized public body, the trade unions, the technical and labour inspectorates, the local governments and responsible ministries. The Committee requests the Government to provide information on the enforcement activities of these bodies and organizations with respect to discrimination in employment and occupation. Please also provide information, including studies and official reports as well as statistics disaggregated by sex, which could help the Committee to gain a general appreciation of the application of the Convention