Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Russian Federation (RATIFICATION: 1961)

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The Government provided the following written information.

Articles 2 and 5. Equality between women and men and special protection measures

In accordance with article 37 of the Constitution of the Russian Federation, labour is free and everyone has the right freely to make use of his or her different aptitudes for work and choose a form of activity and occupation. Every person has the right to work in conditions that meet safety and health requirements. In addition, under section 3 of the Labour Code, everyone must have equal opportunities to exercise their rights at work. No one may be restricted in those rights and freedoms or obtain any advantage, irrespective of sex, race, colour, nationality, language, origins, property, family, social or occupational status, age, place of residence, religious beliefs, political convictions, membership or non-membership of public associations, or any other circumstance not connected with the worker’s personal qualities. Moreover, section 212 of the Labour Code requires employers to ensure safe and healthy working conditions for workers, both for men and for women. However, section 3 of the Labour Code provides that distinctions, exclusions, preferences or restrictions on workers’ rights that arise from federal law requirements in connection with the nature of the work, or reflect the concern of the State to assist those in need of greater social and legal protection, are not deemed to be discrimination.

The above provisions are implemented through the Labour Code with various special allowances and guarantees for women and other social groups in need of additional social protection. For example, section 253 of the Labour Code restricts the employment of women in heavy work and work in harmful or hazardous working conditions, and in underground work, except for light (non-physical) duties or work in connection with sanitary and domestic services. Employment of women to perform work involving the manual lifting and moving of heavy loads above a maximum limit is also prohibited. To this end, Government Order (postanovlenie) No. 162 of 25 February 2000 “approving the official List of tasks involving heavy work and work in harmful working conditions in which the employment of women is prohibited (hereinafter “the List”) was adopted.

Work by women is governed both by generally applicable provisions of labour legislation and by special provisions adopted to reflect their particular psychological and physiological characteristics and other socially significant factors. The Constitution of the Russian Federation, in accordance with the objectives of a State committed to social welfare, ensures protection of workers and of their health, support for mothers (article 7), the right to work in conditions that meet safety and health requirements (article 37(3)), and the right to health protection (article 41(1)). Maternity enjoys state protection (article 38(1)). The Labour Code (section 11(6)) contains special provisions relating to the employment of women.

Thus the employment of women in areas covered by the aforementioned List is conditional on the creation of safe working conditions. The List restricts the right of employers to employ women if safe working conditions have not been ensured, but not the right of women to carry out work in difficult, harmful or dangerous conditions. According to point 1 of the notes to the List, employers may decide to employ women in occupations or tasks included in the List provided that they ensure safe working conditions and that this is confirmed and certified through workplace inspections by the state labour inspection authorities and the public health authorities of the administrative territories of the Russian Federation. The restrictions apply as a rule not to particular occupations as a whole but only to specific types of work associated with a given occupation. The 456 specialized types of work in the 38 branches contained in the List represent only 4 per cent of all occupations and only about 2 per cent of all forms of economic activity. As applied to actual employment, these restrictions concern an even smaller proportion of workers and represent a fraction of one per cent of overall employment. Thus, where there are objective data to indicate that a woman working in an occupation on the List is exposed more than men to the potential effect of specific harmful factors, then prohibiting her employment in such work does not constitute discrimination inasmuch as it follows from the necessity of extra care with regard to her health, protection of which is guaranteed under the Constitution of the Russian Federation and international standards.

In order to allow a review of existing systems of protection and measures to ensure equal opportunity for women and men and equal protection of safety and health, work is being done to introduce an occupational risk management system at every work place and to involve the main social partners (State, employers and workers) in that system. The creation of an occupational risk management system should become the basis of an occupational safety and health management system for protecting workers at work. The aim of this should be to eliminate risks, or at least reduce them as far as possible, and raise the level of protection of all workers, irrespective of their gender. With that purpose in mind, a working group which includes representatives of all the social partners has drawn up a draft federal law to amend the Labour Code, in particular the definition of “occupational risk”, the establishment of the rights and obligations of parties to employment relationships linked to occupational risk management, and the establishment of a procedure for organizing work on the prevention of occupational illnesses and occupational rehabilitation of workers.

Public monitoring and examination of the components of the system for evaluating and managing occupational risks involves all the parties and representative bodies concerned in the development and planning of measures aimed at modernizing the current system of worker protection and social insurance, and in the examination of draft laws and regulations and trial implementation of decisions that have been adopted. In all this, the Coordination Committee for the Development and Implementation of a Programme of Action to improve Occupational Safety and Health, set up under the auspices of the Ministry of Health and Social Development, plays an important part, as does the Coordination Council for Small and Medium-Sized Enterprises, and self-regulated bodies.

Application of anti-discrimination provisions of the Labour Code

The rights of citizens in the Russian Federation who have suffered discrimination at work are protected exclusively by the courts. The Labour Code does not provide for the possibility of representations to the federal labour inspection authority, since that authority is not required, and has no authority, to exercise a jurisdictional function which is reserved for the courts. In addition, any moral harm caused by discrimination is a matter for compensation, and decisions concerning compensation can be taken only by courts.

On the other hand, in all cases in which workers make representations on discrimination at work to the Federal Labour and Employment Service and its regional departments, the state labour inspection authorities in the regions provide consultation sessions with workers and give clear guidance as to procedures for applying to the courts in connection with discrimination. Consultations are also arranged by the state labour inspection authorities for workers and employers on issues of observance of labour legislation and other laws and regulations containing labour law provisions, including those concerning discrimination.

Articles 2 and 3. Equality of opportunity and treatment of men and women

According to data from the Federal State Statistics Service (Rosstat), the number of working women in 2009 was 34,226,000 (49.4 per cent of the total working population in the Russian Federation, counted by main job), broken down into the different branches of the economy as follows:

-agriculture and forestry, hunting, fishing and fish breeding: 2,192,000;

-mining and quarrying: 279,000;

-manufacturing: 4,346,000;

-construction: 852,000;

-wholesale and retail trade, repair of vehicles and personal and household goods, hotels and restaurants: 7,691,000;

-transport and communications: 1,828,000;

-financial activities: 2,729,000;

-public administration and defence, compulsory social security: 2,171,000;

-education: 5,284,000;

-health care: 4,376,000;

-other economic activities: 1,827,000.

The number of working men was 35,059,000 in 2009, broken down into the different branches of the economy as follows:

-agriculture and forestry, hunting, fishing and fish breeding: 3,648,000;

-mining and quarrying: 1,098,000;

-manufacturing: 6,160,000;

-construction: 4,054,000;

-wholesale and retail trade, repair of vehicles and personal and household goods, hotels and restaurants: 4,293,000;

-transport and communications: 4,698,000;

-financial activities: 2,981,000;

-public administration and defence, compulsory social security: 3,387,000;

-education: 1,222,000;

-health care: 1,103,000;

-other economic activities: 832,000.

As at the end of March 2010, the employment rate (the share of the total population aged 15 to 72 that is employed) was 61.2 per cent. Men accounted for 66.4 per cent and women 56.7 per cent of the total. Women’s share of employment was 49.2 per cent.

Compliance with labour legislation with regard to women’s employment in the Russian Federation in 2009

In 2009, measures to identify and redress violations of women’s labour rights were carried out under the Action Plan of the Federal Service for Labour and Employment on inspection and supervision of compliance with labour legislation and other laws and regulations containing labour law provisions. A total of 3,818 inspections were thus carried out in order to inspect and supervise compliance with labour legislation related to women, during which 13,578 violations of labour legislation were identified and eliminated.

Where violations of labour legislation were found, employers were issued instructions (over 2,100 issued), administrative penalties were imposed on officials guilty of violations (over 1,600 fines were issued, totalling over 3,892,500 roubles). Over 2,000 employment contracts were concluded with women on the orders of state labour inspectors, and over 500 orders of dismissal of such workers were revoked.

In order to prevent violations of the labour rights of pregnant women and those on child care leave until the child reaches the age of three, the state labour inspectorates in the constituent units of the Russian Federation provide information and consultations to the parties to the employment relationship, including through telephone hotlines, web sites and the media. In addition, they have been instructed to give priority to handling complaints from pregnant women and those with children under the age of 3.

In addition, before the Committee, a Government representative recalled the provisions of the Constitution as well as those of the Labour Code that guaranteed the principle of non-discrimination in employment and the right to work in conditions that met safety and health requirements. He specified, however, that restrictions arising from federal law requirements in connection with the nature of the work, or reflecting the concern of the State to assist those in need of greater protection, were not deemed to be discrimination. As for Government Resolution No. 162 of 25 February 2000 approving the official list of tasks involving heavy work and work in harmful working conditions in which the employment of women is prohibited, it had been adopted in order to give effect to section 253 of the Labour Code which restricted the employment of women in heavy work, work in harmful or hazardous working conditions and in underground work. He noted that 456 specialized types of work in the 38 branches contained in the list represented only 4 per cent of all occupations and only about 2 per cent of all forms of economic activity. He added that, according to the Annex of Resolution No. 162, employers were allowed to employ women in occupations or tasks included in the list, provided that they ensured safe working conditions and that this was confirmed and certified through workplace inspections by the state labour inspection authorities and the public health authorities of the administrative territories of the Russian Federation.

Referring to the ongoing work for the review of existing systems of protection and measures to ensure equal opportunity for women and men, the speaker indicated that the intention was to introduce an occupational risk-management system at every workplace and to involve the social partners in that system. The objective was to eliminate or reduce risks and to raise the level of protection of all workers, irrespective of gender. To this end, a tripartite working group had prepared draft legislation amending the Labour Code, especially in matters related to occupational risk management, prevention of occupational illnesses and occupational rehabilitation of workers.

Turning to the question of the extra-judicial settlement of anti-discrimination claims, the speaker explained that the labour legislation did not provide for the possibility of anti-discrimination complaints to be filed with the labour inspection authorities as these authorities could not exercise judicial functions. In addition, compensation for moral damages for those who had suffered discrimination in employment could only be awarded by court decision. However, the labour inspection authorities and the Federal Labour and Employment Service and its regional departments provided guidance to workers concerning the procedure for filing court cases on discrimination.

Concerning women’s representation in the labour market, the speaker referred to the detailed statistical information provided by the Government in its written submission. He drew attention to the fact that statistics differed according to the sectors: whereas in the construction and mining sectors there were four times fewer women than men, in the health and education sectors, the situation was the opposite. Finally, he referred to labour inspection results for 2009 according to which 3,818 inspections were carried out, 13,578 violations of women’s labour rights were identified, and fines totalling over 3 million roubles had been imposed.

The Worker members enumerated the various points mentioned in the observation of the Committee of Experts and the relevant Articles of the Convention. With regard to equality between men and women and positive action measures, the Labour Code prohibited discrimination and established the principle that reasonable adaptation of working conditions or regulations in order to accommodate workers’ specific circumstances or needs did not constitute discrimination. That approach was understandable, but when “specific circumstances” applied to women workers as a whole, it became an abuse. Such was the case of Resolution No. 162, about which the Committee of Experts had expressed concern and which effectively prohibited women from entering 456 occupations in 38 sectors of the economy. The Committee of Experts did not agree with the arguments presented by the Government to justify the intended objective of the Resolution and had expressed doubt as to whether adequate measures were being taken within the framework of the Resolution to ensure application of the policy of equal working conditions for men and women. In that regard, the Worker members underlined that, legally, the approach embodied in Resolution No. 162 did not coincide with the concept of positive action, and that the Resolution went beyond the meaning of Article 5 of the Convention. Furthermore, it seemed that, under the guise of protecting women, no overall consideration was given to the improvement of occupational safety and health conditions for all workers.

The Worker members also noted the lack of genuine information provided by the Government, not only on proceedings before the civil courts and the outcome thereof, given that plaintiffs could no longer petition the labour inspectorate, but also on statistics and measures to ensure that men and women could access employment on an equal footing, in view of the highly segregated nature of the Russian labour market.

Lastly, with regard to equal opportunities for and treatment of ethnic minorities and indigenous peoples, the Worker members emphasized that, while Russians made up 80 per cent of the population, the Federation contained many other ethnic groups. The Government’s recognition that problems existed in that sphere, particularly in terms of the preferential treatment accorded by certain republics within the Federation to individuals belonging to the dominant ethnic group, was welcomed. Although the Constitution forbade discrimination, genuine and reliable measures should be taken to monitor implementation of the Labour Code and solve the issue of equal opportunity for and treatment of ethnic minorities and indigenous populations in the field of employment swiftly and unequivocally.

The Government should take into account universally recognized and accepted legal concepts concerning equality and non-discrimination and compare them in good faith to domestic legislation in order to find a satisfactory solution that respected the principles of nondiscrimination set out in Convention No. 111. In respect of any cases of discrimination identified, the Government should adopt simple and effective protection measures in the event of unfavourable treatment, ensure compensation for victims, and introduce rules concerning the burden of proof in order to add to the promotional measures already planned. One possible solution would be to create bodies responsible for promoting and monitoring application of the principle of equality of treatment in employment and occupation and assisting victims. In addition, such bodies could monitor statistics on discrimination observed in the labour market.

The Employer members thanked the Government for the information it provided to the Committee. They recalled that the Committee of Experts had made six observations with respect to this case which was being examined for the first time by the Conference Committee. They urged the Government, if it had not already done so, to provide all the necessary information addressing the issues raised by the Committee of Experts.

The Employer members further recalled that Resolution No. 162 excluded women from being employed in 456 occupations in 38 sectors of the economy. While noting the Government’s explanations, the Employer members stated that the Resolution raised many issues regarding equality of opportunity in employment and occupation of men and women, and that special measures for women that were based on stereotyped perceptions regarding their capacity and role in society violated the principle of equality of opportunity and treatment. Thus, the exclusion of women from work or employment on the basis that it involved hazardous or dangerous working conditions creating equal risks for men and women likely went beyond the permissible bounds of Convention No. 111. They were concerned that the impact of such regulations could hinder both women’s equality in the labour market and progress in ensuring that men and women had safe work environments.

Recalling the Committee of Experts’ observation that employment of women appeared to be concentrated in clerical occupations while women were underrepresented in senior positions, the Employer members urged the Government to take the necessary measures to ensure equal employment opportunities, strengthen the legal framework and amend Resolution No. 162. They also called for information on measures taken in this respect, including statistical information on the distribution of men and women in different sectors and industries and level of responsibility. Finally, they requested that the Government continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment of ethnic minorities and indigenous peoples through promotional measures and an appropriate legal framework in this respect.

The Employer member of the Russian Federation aligned herself with the statement of the Government representative and expressed the view that women needed special protection in cases of work in harmful or hazardous working conditions and that such protection could not be deemed discriminatory. With reference to Resolution No. 162 of 2000, she indicated that the text permitted employers to employ women in tasks included in the list of prohibited occupations on condition that they ensured safe working conditions and that this was certified by the state labour inspection authorities. Risk assessments were carried out at every workplace to ensure equal protection of safety and health standards for both women and men. She concluded by reiterating that, in the view of the employers of her country, Resolution No. 162 could not be considered discriminatory in nature.

The Worker member of the Russian Federation confirmed that there was a prohibition against women’s employment in certain occupations, but that this related to the protection of women’s reproductive health. As regards the possibility of filing anti-discrimination complaints only with the courts, he noted that it was very difficult to prove any such claim. The legislation should therefore be amended in this respect so that labour inspectors were given the opportunity to investigate cases of discrimination in employment and occupation.

The Government member of Uzbekistan stated that the issue of gender equality was one that was very important and topical to the Government of the Russian Federation. It was necessary to highlight that, as regards the application of Convention No. 111, the Russian Federation had provided the appropriate legal basis and framework for compliance, and ensured equality of opportunity for all, including the opportunity of employment in appropriate conditions. The Government sought to provide safe working conditions for both men and women and laws on gender equality had been adopted and implemented. Restricting access to certain types of work was not discriminatory. He expressed support for measures aimed at ensuring special protection for women workers. Government had provided a strong system of penalties to prevent and punish violations, including fines and administrative sanctions, thus ensuring that existing laws and administrative procedures were complied with in practice. He concluded by stating that the Government had given a clear picture with respect to the application of the Convention and that gender equality was fully applied both in law and in practice.

The Government representative thanked those speakers who participated in the discussion and indicated that his Government would take all the views expressed into account. The various legislative acts, including Resolution No. 162, were seeking to improve the economic and social situation in the country. He added that the Resolution had not been recently drafted, but rather was a legal text that had existed for a long time, and therefore expressed surprise at the timing of the discussion.

The Employer members stated that the prohibition of women working in certain occupations should be repealed, as this prohibition violated the principle of equality of opportunity in employment and occupation of men and women. They expressed the view that, despite the Government’s intention of protecting women from hazardous work, Resolution No. 162 hindered women’s equality in the labour market; women should be entitled to exercise free choice with respect to a decision to seek employment in those industries or not. They further observed that it would be unfortunate if the Resolution’s impact was to limit progress in ensuring that both women and men were provided a safe work environment, regardless of the industry or occupation, and they held that the conclusions should reflect these concerns.

The Worker members noted the written information provided by the Government and emphasized that certain positive elements in the case could have served to show the Government’s goodwill. However, in his response, by refusing to amend Resolution No. 162, the Government representative had shown the obstinacy of the approach adopted. It needed to be emphasized that there was no possible excuse for refusing to give effect to universally recognized and accepted legal concepts in the field of equality and non-discrimination, although there might still exist problems of a technical nature or related to human resources issues which were preventing a solution being found to the complex issue of non-discrimination and Convention No. 111. The question needed to be addressed with the social partners and, if necessary, with ILO assistance.

For that purpose, the Worker members proposed the establishment of a tripartite committee to revise and supplement the national legislation, with the following mandate: to introduce into the Labour Code complete and simple provisions to give effect to the concepts and procedures envisaged in the Convention for the benefit of workers from ethnic minorities; to provide for the effective compensation of victims and rules to facilitate the burden of proof; to take measures and undertake awareness-raising campaigns on the issue of discrimination and its prohibition; to establish bodies with the role of promoting and monitoring the implementation of the principle of equality of treatment in employment and occupation; and to entrust these bodies with the implementation of procedures to assist victims, in collaboration with the social partners. The Worker members called on the Government to provide information for the Committee of Experts’ session in 2011 on the establishment of this tripartite committee and the results achieved.

Conclusions

The Committee noted the oral and written information provided by the Government representative and the discussion that followed. It noted that the Committee of Experts had raised concerns regarding Resolution No. 162 of 25 February 2000, excluding women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Committee of Experts had also raised issues with respect to the enforcement of the non-discrimination provisions in the Labour Code, occupational gender segregation in the labour market, and the need to promote and ensure gender equality and equality of opportunity and treatment of ethnic minorities.

The Committee noted the statistical information provided by the Government on the representation of women and men in the different branches of the economy in 2009. It also noted the information regarding the legislation on non-discrimination and safe and healthy working conditions, and the reasons it was considered that the employment of women in certain areas should be made conditional upon the creation of safe working conditions, certified by the inspection authorities and the public health authorities. The Government also provided information on the steps being taken to review the existing system of safety and health protection, including the introduction of a workplace occupational risk management system involving the social partners. The Committee also noted the measures taken under the Action Plan of the Federal Service for Labour and Employment, and the role of the labour inspection authorities in providing guidance and consultation on legislation and procedures regarding non-discrimination.

The Committee noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involved equal health and safety risks to men and women. The Committee urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that could be undertaken by women was not based on stereotyped perceptions regarding their capacity and role in society and was strictly limited to measures to protect maternity. The Committee asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. Noting the highly gender segregated labour market, the Committee asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility.

The Committee urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework. The legal framework should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee requested the Government to include in its report to the Committee of Experts at its next session complete information replying to all the matters raised by this Committee and the Committee of Experts, including relevant statistical information disaggregated by sex.

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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 1 September 2021.

Article 1(1) of the Convention. Prohibition of discrimination in job advertising. Application in practice. In reply to the previous observations made by the KTR regarding the fact that, despite the legislation, some job advertisements were containing discriminatory grounds, and that many employers and recruitment agencies who had stopped publishing discriminatory job advertisements, were still applying discriminatory criteria at the recruitment stage, in practice, the Committee notes the Government’s statement that all job vacancies posted by employers on the all-Russian vacancy database automated information system, “Work in Russia”, are subject to compulsory moderation. The Government adds that the list of fields to be completed in the vacancy form available in the database makes it impossible to discriminate against applicants. The Committee takes note of this information. It notes however that, in its new observations the KTR highlights that: (1) “Work in Russia” is not the only resource for publishing information and job vacancies; and (2) in practice, many organisations, including State bodies at both federal and regional levels, continue to apply discriminatory requirements during the recruitment stage, regarding mainly jobseekers’ sex, marital status and whether they have children. In KTR’s views, one of the reasons is the lack of a legislative ban on asking questions other than those directly linked to the professional and vocational skills of applicants, at the recruitment stage. The Committee asks the Government to provide information on:

• (i)any measures implemented to ensure that, in practice, employers and recruitment agencies do not apply discriminatory criteria at the recruitment stage;
• (ii)any awareness-raising activities carried out for employers, workers and their organizations regarding the prohibition of discrimination in job advertising pursuant to section 25 of Federal Law No. 1032-1; and
• (iii)any cases of discrimination in recruitment dealt with by the courts or any other competent authorities, the penalties applied and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment on the grounds of race, colour and national extraction. Indigenous peoples. The Committee takes note of the adoption of Federal Act No. 11-FZ of 6 February 2020, amending Federal Law No. 82-FZ of 30 April 1999 on Guarantees of the Rights of Numerically Small Indigenous Peoples, in order to establish a unified list of indigenous peoples belonging to the small-numbered indigenous peoples (i.e. with a population of less than 50,000 individuals) and a procedure for registration to be able to have access to their traditional lands and livelihoods and participate in decision-making processes at the local, regional and federal levels. It notes, from the Government’s report sent to the CERD that 47 peoples are officially recognized as small-numbered indigenous peoples (CERD/C/RUS/25-26, 3 July 2020, paragraph 297). The Committee notes however that, in its 2021 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) specifically recommended that the Government: (1) adopt measures to facilitate the registration of indigenous women and girls on the unified list of indigenous peoples and ensure their access to education, social benefits and health care; and (2) ensure and protect indigenous women’s collective rights to traditional land and resources and to effective participation in decision-making bodies and processes at the local, regional and federal levels (CEDAW/C/RUS/CO/9, 30 November 2021, paragraph 45). The Committee asks the Government to provide information on any steps taken:

• (i)to implement Federal Act No. 11-FZ of 6 February 2020, including any difficulties faced in practice by small-numbered indigenous peoples during the procedure for registration on the unified list as a pre-requirement to have access to their social and economic rights;
• (ii)to ensure that indigenous peoples, in particular those belonging to the small-numbered indigenous peoples, have access without discrimination to education, land and resources, especially those which allow them to practice their traditional activities and retain their means of subsistence; and
• (iii)to promote equality of opportunity and treatment for indigenous peoples in education, training, employment and occupation.

Equality of opportunity and treatment for persons with disabilities. Education and employment. The Committee notes that the Government did not provide information regarding access to primary and secondary education of children with disabilities or access to persons with disabilities to employment and education in response to its previous comments. The Committee notes that, in the framework of the Programme of cooperation between the Russian Federation and the ILO for 2021-2024, the Government specifically identifies as a priority to ensure equality of opportunities in employment for persons with disabilities, including access to vocational training (page 5). The Committee asks the Government to provide information on:

• (i)the concrete measures implemented to prevent and address discrimination against persons with disabilities and promote their equal opportunities in all aspects of employment and occupation, including measures to combat prejudices and stereotypes, in the framework of the Programme of the cooperation between the Russian Federation and the ILO for 2021-2024 or otherwise;
• (ii)the employment rates of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market) if possible, both in the public and private sectors.

Monitoring and enforcement. The Committee notesthe Government’s statement that no case of non-compliance with the Convention was identified. It notes however that, in its observations, the KTR expresses concern regarding the inadequacy of existing mechanisms to ensure protection against discrimination, mainly as a result of: (1) the obligation to make a complaint for discrimination before a court, as no other body is competent to deal with such cases, including the state labour inspectorates; (2) the limited awareness of law enforcement authorities regarding discrimination, including regarding the procedural aspects for examining disputes concerning discrimination; (3) the inadequacy of the rules regarding the burden of proof which is placed upon the victim of discrimination; and (4) the limited means of redress available for workers. The Committee further refers to its 2020 observation on the application of the Labour Inspection Convention, 1947 (No. 81) regarding the state labour inspectorates’ alleged refusal to respond to workers’ complaints submitted during the pandemic, as well as an increase in labour rights violations. The Committee recalls that where no case or complaint, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey, para. 870).In that regard, the Committee notes that in its 2021 concluding observations, the CEDAW expressed specific concerns at: (1) the limited awareness among the branches of the Government, including the judiciary, prosecutors and law enforcement officers, on women’s rights and substantive equality between women and men and the lack of awareness among women themselves, in particular rural women, which presents an obstacle for them to claim their rights; and (2) the barriers faced by women in gaining access to justice such as judicial bias and discriminatory stereotypes among judges, prosecutors, law enforcement officials and lawyers towards women reporting violations of their rights, particularly women belonging to disadvantaged groups, especially in rural areas (CEDAW/C/RUS/CO/9, 30 November 2021, para.8 and 12). The Committee therefore again urges the Government to provide information on:

• (i)the number and outcomes of inspections carried out by the Federal Service for Labour and Employment (RosTrud) and its territorial bodies, the state labour inspectorates regarding discrimination in employment and occupation;
• (ii)the number and content of cases brought before the courts, the penalties applied and remedies granted; and
• (iii)any measures taken to raise public awareness of the provisions of the Convention and the legislation, the procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address effectively cases of discrimination.

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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 1 September 2021.

Article 1 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee notes that, in its report, the Government refers to sections 3 and 64 of the Labour Code without providing any additional information regarding the signification or scope of application of the term “convictions” (beliefs) as a prohibited ground of discrimination. It further notes that, in its observations, the KTR highlights: (1) the lack of legislative protection against indirect discrimination; as well as (2) the fact that, as a result of the inadequacy of existing regulations and the lack of definitions of the different types of discrimination, there is a lack of understanding of the nature of the phenomenon among workers and employers, as well as among judges. In that regard, the Committee points out that the Convention prohibits both direct and indirect discrimination in all aspects of employment and occupation (access to vocational training, access to employment and to particular occupations, and terms and conditions of employment). Furthermore, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, among which “political opinion” (see 2012 General Survey on the fundamental Conventions, paragraph 749). In light of the above, the Committee urges the Government to take appropriate steps to ensure effective and comprehensive legal protection for workers against both direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, and with respect to all aspects of employment and occupation as set out in Article 1(3). It asks the Government to provide information on the steps taken to that end and their outcomes.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Regarding the absence of specific legal provisions protecting workers against sexual harassment at work, the Committee notes the Government’s indication, in its report, that a Federal Bill on the Prevention of Domestic Violence is currently under preparation. The Government adds that, in the framework of the National Strategy for Women 2017-2022, seminars were held at regional level on models for preventing and combating violence against women, in cooperation with the Council of Europe. The Committee notes that, in its observations, the KTR highlights the lack of adequate legislative provisions and mechanisms to protect workers against sexual harassment. The Committee further notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at: (1) the absence of legislation explicitly criminalizing sexual harassment at the workplace; (2) the lack of effective measures to ensure the protection of women and girls from gender-based violence, harassment and bullying in schools and universities and the lack of effective complaint and redress mechanisms; and (3) the introduction, through the amendment to the Criminal Code in December 2020, of more severe sanctions for defamation, applicable to cases in which victims bring charges of crimes against their sexual integrity and sexual freedom, which prevents victims of sexual violence from gaining access to justice owing to fear of prosecution (CEDAW/C/RUS/CO/9, 30 November 2021, paragraphs 24, 36 and 38). In that regard, it recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation. Given the gravity and serious repercussions of sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, the Committee emphasizes the importance of taking effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Committee therefore again asks the Government to take steps to include, in its labour legislation: (i) a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation; and (ii) appropriate preventive and remedial measures and procedures. It also asks the Government to provide information on: (i) any practical measures taken to prevent and address sexual harassment in employment and occupation, in the framework of the National Strategy for Women 2017-2022 or otherwise, including any awareness-raising activities carried out for employers, workers and their organizations; and (ii) the number of cases of sexual harassment dealt with by the courts or any other competent authorities, the sanctions imposed and remedies granted.

Articles 1(1)(a) and 5. Discrimination based on sex. Special measures of protection. The Committee notes the Government’s indication that Resolution No. 162 of 25 February 2000, which excluded women from employment in 456 occupations and 38 branches of industry, was replaced by Order No. 512 of 18 July 2019 of the Ministry of Labour, which came into force on 1 January 2021. This Order updates the list of production processes, jobs and occupations with harmful and/or hazardous working conditions where the employment of women is restricted. The Committee notes, more particularly, that the new list reduces the number of restricted occupations for women from 456 to 100. It further notes that Order No. 313n of 13 May 2021 of the Ministry of Labour, which entered into force on 1 March 2022, amended Order No. 512 of 18 July 2019 by introducing further modifications to the existing list and providing that the list is valid until 1 March 2028. The Government states that the criteria for revising and updating this list included factors dangerous to women’s reproductive health, affecting the health of future generations and having long-term consequences; besides, certain types of work that are not used in modern production were excluded from the list. The Committee notes the Government’s repeated indication that section 253 of the Labour Code and the list of activities in which the employment of women is prohibited provide for a flexible approach as the employer may employ women when creating safe working conditions as confirmed by the result of a special assessment of working conditions. As a result of Order No. 313n of 13 May 2021, a State expert examination of working conditions is no longer required as confirmation of safe working conditions. The Committee notes with interest the amendments made by the Government to reduce the number of sectors and occupations in which women cannot be employed. It observes, however, that employment of women is still prohibited in a large number of sectors and occupations. In this regard, it notes that, in its observations, the KTR considers that the existence of even a reduced list of occupations from which women are prohibited: (1) establishes an overarching ban that affects all women in the country; (2) represents a violation of women’s right to equal opportunities in employment and choice of occupation; and (3) perpetuates occupational gender segregation. The Committee further notes that, in its 2021 concluding observations, CEDAW expressed similar concerns (CEDAW/C/RUS/CO/9, paragraph 38). In that regard, the Committee recalls that a distinction shall be made between special measures to protect maternity in the strict sense, which come within the scope of Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment (see 2012 General Survey on the fundamental Conventions, paragraph 839). Indeed, restrictions to the employment of women (who are not pregnant or are not breastfeeding) are contrary to gender equality of opportunity and treatment and may also create legal barriers preventing women to access well paid jobs, unless such measures are adopted to protect genuinely their health. This protection must be determined based on the results of a risk assessment showing that there are specific risks for the health and/or security of women. Therefore, any of these restrictions must be justified and based on scientific evidence and, where they exist, must be periodically reviewed in light of technological evolution and scientific progress to determine whether they are still necessary. Provisions regarding 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. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see also 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee therefore urges the Government to pursue its efforts in order to revise Order No. 512 of 18 July 2019, as amended, so as to ensure that any restrictions on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity, aspirations and role in society and are strictly limited to those aimed at protecting maternity and based on risk assessment. It asks the Government to provide information on: (i) any progress made in this regard, including in consultation with employers’ and workers’ organizations; and (ii) any specific measures taken or envisaged to address the legal and practical barriers to the employment of women, in particular by amending sections 99, 113, 253, 259 and 298 of the Labour Code which provide for restrictions regarding working time (overtime, night work, work in shifts, and so on) for women with children under the age of 3 years (or 1.5 years).

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that the proportion of women in public and civil service positions increased from 72 per cent in 2016 to 73.2 per cent in 2019. It notes however that, according to the statistical information available in ILOSTAT, in 2020, the labour force participation rate for women remained low at 55.1 per cent, compared to 70 per cent for men. It further notes, from the statistical information of the Federal State Statistics Service (Rosstat) forwarded by the Government with its report on the application of the Equal Remuneration Convention, 1951 (No. 100), the continuing occupational gender segregation, with women being still highly concentrated in hotel and restaurant services (66 per cent), education (79.9 per cent), and healthcare and social services (79.9 per cent), while their proportion in other sectors traditionally dominated by men has been decreasing (such as construction, mining and distribution of electricity, gas and water). Referring to its previous comments regarding the adoption of the National Strategy for Women 2017–22, the Committee notes the Government’s statement that regional plans were adopted and coordinating councils were established in order to implement the strategy. The Government adds that, in order to advance women’s economic situation, several incentive measures and training activities were carried out in this framework. As a result, in the 2019/20 academic year, 220,300 women were trained in higher and secondary vocational education in the sector of «creative industries», mainly in hairdressing, hotel services and design. The Government adds that there has also been an increase in the number of girls and women in natural sciences and mathematics, as well as in the number of women in research institutions (357 women more in 2020). While welcoming these efforts, the Committee would like to draw the Government’s attention to the importance of ensuring that measures taken to promote gender equality do not in practice reflect stereotyped assumptions regarding women’s aspirations and capabilities or suitability for certain jobs, thus reinforcing gender stereotypes by promoting women’s participation in areas where they are traditionally highly concentrated, such as hotel services or hairdressing. In that regard, the Committee notes that, in its 2021 concluding observations, the CEDAW expressed specific concerns at: (1) the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society; (2) the persistence of discriminatory gender stereotypes in school curricula and textbooks and the lack of education on gender equality; and (3) vertical and horizontal occupational segregation. The CEDAW further expressed specific concern at the situation of rural women, in particular regarding their limited access to education, formal employment, and credit and economic empowerment schemes (CEDAW/C/RUS/CO/9, paragraphs 22, 36, 38 and 42). In light of the persistent gender stereotypes and occupational segregation in the labour market and the absence of substantial progress made in the past years, the Committee urges the Government to step up its efforts to promote effective equality of treatment and opportunity between men and women in employment and occupation. It also asks the Government to provide information on:

• (i)the nature and impact of the measures taken to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in the family and society, including through the diversification of the fields of vocational education and training for women;
• (ii)the concrete measures implemented to promote and enhance the participation of women in the labour market and in decision-making positions on an equal basis with men, both in the public and private sectors; and
• (iii)the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma people. The Committee notes the Government’s indication that a comprehensive action plan for the socio-economic and ethnocultural development of the Roma in the Russian Federation was approved in 2019 and is currently being implemented. It also notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) was concerned about: (1) the creation of separate “Roma classes” in certain schools is presented by the Russian authorities as a tool for responding flexibly to the situation and needs of Roma children; (2) reports from civil society organizations describing other cases of racial segregation in certain schools, for example in the Volgograd area, involving separating Roma children from others during school-meals, use of the school library or sports activities; and (3) allegations from NGOs that Roma pupils are sometimes asked by their school administration not to participate in celebrations to mark the beginning of the new school year (CRI(2019)2, page 10 and paragraph 76). The Committee further notes that, in its 2021 concluding observations, the CEDAW also expressed concern about reports of segregation and discrimination in access to education against Roma people (CEDAW/C/RUS/CO/9, paragraph 36). The Committee asks the Government to strengthen its efforts to combat stigma, prejudices and discrimination against Roma people in order to ensure effective equality of opportunity and treatment in education, training and employment. It asks the Government to provide information on:

• (i)the measures taken to that end, in particular in the framework of the Comprehensive Action Plan for the socio-economic and ethnocultural development of the Roma in the Russian Federation approved in 2019 or any follow-up strategy adopted, as well as on any study or report available on their impact;
• (ii)any particular measures implemented to specifically address the segregation faced by Roma people in practice, including with regard to their access to education without discrimination; and
• (iii)the participation of Roma people in education, professional and vocational training courses, as well as in the labour market.

Migrant workers. Referring to its previous comments where it requested the Government to take specific measures to strengthen the enforcement of the provisions of the Labour Code prohibiting discrimination based on grounds of race, ethnicity and national origin, the Committee notes with regret that the Government did not provide information in this regard. It notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) expressed specific concern about migrant workers from Central Asia and “others of non-Slav appearance” often becoming victims of police harassment and racial profiling, which is an obstacle to their integration, as such experiences alienate the individuals concerned and, by extension, the wider relevant groups they belong to, and diminish trust in the State authorities. Furthermore, Central Asians and “others of non-Slav appearance” as well as persons of African descent are also frequent victims of racial violence, including murder in some instances (CRI(2019)2, pages 10–11 and paragraph 87). 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, and remedies – designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population (general observation of 2019 on discrimination based on race, colour and national extraction). The Committee also refers to its 2020 observation on the Forced Labour Convention, 1930 (No. 29), where it noted allegations regarding the increased risk of falling into forced labour faced by migrant workers. The Committee urges the Government to adopt every necessary measure to: (i) prevent and address discrimination on the grounds of race, colour and national extraction, including by addressing prejudices and stereotypes and promoting tolerance; and (ii) ensure equality of opportunity and treatment in employment and occupation for migrant workers and students, in particular Central Asians and “others of non-Slav appearance”, as well as persons of African descent.

It asks the Government to provide information on: (i) any specific measures implemented to that end, such as awareness-raising through media campaigns, as well as any assessment made of their impact; and (ii) any measures taken to ensure that victims of discrimination on the grounds of race, colour and national extraction have access to effective protection and remedies, including information on the number, nature and outcome of cases or complaints of discrimination on such grounds dealt with by the courts or any other competent authorities.

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

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Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. Following its previous comments, the Committee notes the Government’s statement, in its report, according to which it is implementing job creation programmes in order to raise women’s employment rate. The Government further indicates that it is expanding vocational training during maternity leave to promote women’s competitiveness on the labour market. The Committee notes the 2015 statistical information provided by the Government on women and men’s economic participation as well as the 2016 figures published on the website of the Federal State Statistics Services of the Russian Federation. From this data, the Committee notes that, although there has been an increase for both sexes, the employment rate of men (71.1 per cent in 2015 and 71.6 per cent in 2016) is significantly higher than women’s (60.1 per cent in 2015 and 60.4 per cent in 2016). It further notes the number of persons employed by sex and occupation in 2016 and the high gender segregation by economic activity: women represent 83 per cent of professionals in the teaching sector and 91 per cent of associate professionals in the health sector, while they represent only 17 per cent of workers in the craft, building, machinery and related trades, and 11 per cent of the operators in the stationary plant and machine, assemblers and drivers. Further, the Committee notes, from the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Government has adopted a National Strategy for Women 2017–22 which focuses, among others, on improving the economic status and prosperity of women, increasing participation of women in public and political life, and improving the quality of national statistics relating to the situation of women in society. In this regard, the Committee notes that the strategy will be implemented in two phases: during the first phase (2017–18), an action plan will be adopted to implement the strategy, and during the second phase (2019–22), measures will be taken to improve the situation of women in the political, economic, social and cultural spheres (CEDAW/C/RUS/CO/8/Add.1, 20 November 2015, page 2). While it takes due note of this new National Strategy for Women, the Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs continue to lead to the segregation of men and women in education and training, and consequently in the labour market (see General Survey on the fundamental Conventions, 2012, paragraph 783). Consequently, the Committee requests the Government to provide information on the measures taken, in the framework of the National Strategy for Women 2017–22 to promote equal opportunities for men and women in employment and occupation, including on the steps taken to ensure that men and women have equal access to training and employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Committee asks the Government to provide updated statistics on the participation of men and women at different levels of responsibility, particularly decision-making levels, and in the different sectors of the economy, including the public and private sectors. Noting the lack of information provided in relation to its previous comments, the Committee requests, once again, the Government to provide information on the following:

• (i) the progress made in the adoption of the draft Federal Law on State Guarantees of Equal Rights and Freedoms and Equal Opportunities for Men and Women previously mentioned by the Government; and
• (ii) the work and outcome of the Special Task Force on gender equality set up in 2010 in the Ministry of Public Health and Social Development in relation to employment and occupation.

Equality of opportunity and treatment of national and ethnic minorities and indigenous peoples. The Committee notes with regret that the Government’s report does not provide information with respect to the measures taken to promote equality of opportunity and treatment of national and ethnic minorities and indigenous peoples. It notes, from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the creation, in 2015, of the Federal Agency for Ethnic Affairs (CERD/C/RUS/CO/23-24, 20 September 2017, paragraph 3). The CERD expressed concern over the limited number of complaints of racial discrimination submitted to the Commissioner for Human Rights in the Russian Federation (paragraph 13). With regard to the Roma community, the CERD noted that Roma continue to be discriminated against and was concerned by: (i) the persistence of de facto segregation in education faced by Roma children, combined with very low education outcomes and school completion rates, especially at the secondary school level; and (ii) the lack of genuine solutions to address the deficit of adequate housing for Roma, as they remain concentrated in informal settlements lacking access to basic services, and exposed to the risk of eviction at any time due to the lack of secure tenure (paragraph 21). With regard to indigenous peoples, the CERD was concerned that the legal definition of indigenous peoples imposes a numerical ceiling of 50,000 individuals, beyond which a self-identified indigenous group may not be classified as indigenous and is thus prevented from enjoying legal protection of their lands, resources and livelihoods (paragraph 23). The Committee reiterates its request to the Government that it take specific measures to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds and national origin, and to promote equality of opportunity and treatment of indigenous peoples in education, training, employment and occupation, including their right to engage without discrimination in their traditional occupations and livelihoods as well as in non-traditional activities. It further requests the Government to indicate the measures taken, or envisaged, to specifically address the segregation faced by Roma people, including with regard to their access to education without discrimination. The Committee once again requests the Government to provide information on the current position in the labour market of the different national and ethnic minorities.

Equality of opportunity and treatment of persons with disabilities. The Committee notes the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities (CRPD) on the initial report of the Russian Federation. In these observations, the CRPD expressed its concern over the fact that “segregated education is still in practice, despite the increase in the number of children with disabilities in mainstream education” and about the regional disparities due to the varied conditions and availability of financial resources in different regions. The CRPD was further concerned that denial of reasonable accommodation for persons with disabilities is still not defined as a ground for discrimination under a current legislation, that there is insufficient information available on the “special posts” and the labour market programmes for persons with disabilities and that there is a lack of transparent and formalized training and assistance in providing reasonable accommodation for persons with disabilities in the workplace (CRPD/C/RUS/CO/1, 9 April 2018, paragraphs 48 and 53). Recalling that access to education is of paramount importance for achieving equality in the labour market, the Committee requests the Government to indicate the steps taken to ensure that children with disabilities are not discriminated against with regard to access to primary and secondary education. It further requests the Government to provide information on the specific measures taken to promote the principle of equality of opportunity and treatment of persons with disabilities in employment and occupation.

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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 October 2017.

Article 1 of the Convention. Definition of discrimination. Legislation. In its previous comments, the Committee had noted that Federal Law No. 162-FZ amended section 3 of the Labour Code (prohibition of discrimination on the basis of listed grounds) so as to remove the adjective “political” before the word “convictions” (beliefs), and added “membership of other social groups”, and it therefore requested the Government to clarify whether the general term “convictions” also covers “political opinion” referred to in Article 1(1)(a) of the Convention. The Committee notes that the Government is silent on this point. Further, it notes that section 3 of the Labour Code only prohibits direct discrimination whereas sections 64 and 132 prohibit direct or indirect discrimination with regard to the conclusion of labour agreements and wage fixing respectively. In this regard, the Committee recalls that the concept of indirect discrimination is imperative to identify and address discriminatory situations in which certain treatment is extended equally to everybody, but leads to discriminatory results for one particular group protected by the Convention. Such discrimination is subtle and less visible, making it even more important to ensure there is a clear framework for addressing it, and proactive measures are required to eliminate it. Further, the Committee stresses that intention to discriminate is not an element of the definition in the Convention, which covers all discrimination irrespective of the intention of the author of a discriminatory act (see 2012 General Survey on the fundamental Conventions, paragraphs 744–747). Noting that, in the absence of information on the impact of the amendments to section 3 of the Labour Code, it remains unclear if the term “conviction” covers “political opinion”, the Committee once again requests the Government to clarify whether the general term “convictions” (beliefs) also covers “political opinion” as referred to in Article 1(1)(a) of the Convention. In addition, it asks the Government to provide specific information on any measures taken to ensure protection against both direct and indirect discrimination. In the event that no information is available on relevant judicial decisions, the Committee asks the Government to consider amending the legislation to provide for an explicit prohibition of indirect discrimination and to include provisions aimed at eliminating such discrimination. Further, the Committee requests the Government once again to provide information on access to effective remedies, and to strengthen or establish mechanisms for the promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all the groups covered by the Convention.

Article 1(1)(a) Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments in which it noted that section 133 of the Criminal Code on “compulsion to perform sexual actions” does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation, in particular the creation of a hostile working environment. Noting that, once again, the Government’s report is silent on this point, the Committee recalls that criminal law in itself is not sufficient to effectively address sexual harassment in employment and occupation. As the Committee emphasized in paragraph 792 of its 2012 General Survey on the fundamental Conventions, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee also considers that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress. The Committee further recalls its 2002 general observation in which it stressed the importance of taking effective measures to prevent and prohibit both quid pro quo sexual harassment (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person) and hostile work environment sexual harassment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient). Therefore, recalling that sexual harassment undermines equality in employment and occupation by calling into question the integrity, dignity and well-being of workers and, in order to ensure an effective protection of workers against sexual harassment, the Committee once again requests the Government to take steps to include in the civil or labour law a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment in employment and occupation. It also once again requests the Government to take active steps to prevent and address sexual harassment in employment and occupation in practice, and to raise awareness of employers, workers and their organizations of this issue. The Committee asks the Government to communicate information on the progress made in this respect.

Prohibition of discrimination in job advertising. The Committee recalls that Federal Law No. 162-FZ of 2 July 2013 amending Federal Law No. 1032-I on employment and other legislative acts, modified section 25 so as to explicitly prohibit the dissemination of advertisement of vacancies containing restrictions or establishing preferences on the basis of sex, race, colour, nationality, language, origin, property, family, social and employment status, age, place of residence, attitude to religion, convictions, membership or non-membership of voluntary associations or social groups, as well as any other factors not related to the qualifications of workers, except for cases where these restrictions or preferences are established under specific laws. The Code of Administrative Offences was also amended accordingly to introduce a definition of discrimination and to provide for fines in case of discrimination in job advertising. The Committee notes the KTR’s observations in which it alleges that despite the adoption of Federal Law No. 162-FZ of 2 July 2013, some job adverts containing discriminatory grounds of selection continue to be published, and that in practice, many employers and recruitment agencies who have stopped publishing discriminatory job adverts, still apply discriminatory criteria at the recruitment stage. Noting that the Government has not provided information nor commented on this point, the Committee requests the Government to provide its reply to the KTR’s observations. In addition, the Committee reiterates its request to the Government that it specify the legal provisions referred to in section 25 of the Law on Employment, as amended, and provide relevant administrative or judicial decisions so as to clarify the cases in which the prohibition of discrimination in recruitment does not apply, and the related grounds.

Articles 1 and 5. Discrimination based on sex. Special measures of protection. Since 2002, the Committee has been requesting the Government to revise section 253 of the Labour Code (prohibition to employ women in arduous, harmful or dangerous conditions) and Resolution No. 162 of 25 February 2000, which excludes women from being employed in 456 occupations and 38 branches of industry. It recalls that the Labour Code (sections 99, 113, 259, 298, etc.) contains specific provisions with respect to women who have children under the age of 3 years (or 1.5 years), particularly with respect to working time (overtime, night work, work in shifts, etc.). The Government indicated in 2014 that it had decided to amend Resolution No. 162 and that work was under way to introduce a general system of occupational risk management in cooperation with the social partners at each workplace. The Committee notes the KTR’s observations according to which in 2017, following the recommendation of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Supreme Court held that the case of a woman who had been refused work as a navigation officer should be re-examined at the district level. The KTR observes, however, that the issue remains unsolved as the list of prohibited occupations and industries is still in force. The Committee notes the Government’s indication that it will consider the possibility of amending section 298 of the Labour Code, to allow women with children under the age of 3 years to work on rotating shifts, subject to their written consent. However, the Committee notes with concern that the Government repeats its previous statement that it does not consider that the other above-mentioned provisions amount to discrimination, as they merely reflect the State’s particular concern for persons in need of greater social and legal protection. Finally, the Committee notes from the 2017 concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) that there is an ongoing discussion to review the list contained in Resolution No. 162 of 25 February 2000 (E/C.12/RUS/CO/6, 16 October 2017, paragraph 28). In this regard, the Committee recalls that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. The Committee recalls that in its 2012 General Survey (paragraphs 838–840), it stresses the distinction to be drawn between special measures to protect maternity (in the strict sense), which come within the scope of Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. 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. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men. Consequently, the Committee urges the Government to take immediate measures to revise Resolution No. 162 and the Labour Code, in particular section 253, so as to ensure that restrictions applying to women are strictly limited to those aimed at protecting maternity, in the strict sense, and those providing special conditions for pregnant women and breastfeeding mothers, and that they do not hinder the access of women to employment and their remuneration on the basis of gender stereotypes. The Committee requests the Government to provide full information on any progress achieved in this regard, in consultation with workers’ and employers’ organizations.

Monitoring and enforcement. The Committee previously welcomed the increased efforts made by the labour inspectorate to strengthen the supervision and monitoring of compliance with the labour legislation relating to the protection of women (pregnant women, women with young children and women in rural areas) and persons with family responsibilities. However, recalling that claims for discrimination are only dealt with by the courts, and not by the labour inspectorate, it also noted the insufficient information regarding complaints for or relating to discrimination in employment and occupation submitted to the courts. It therefore requested the Government to provide information on the number and content of cases concerning discrimination.

The Committee notes the KTR’s allegations according to which the prohibition of discrimination contained in the legislation is ineffective because the labour inspectorate does not have the right to take any action against the employer and that filing a claim with the court does not lead to the effective protection and restoration of a worker’s rights. The Committee takes note of the Government’s indication that the labour inspectorate provides counsel and assistance to workers applying to the courts for discrimination issues. It also welcomes the adoption of Federal Law No. 272-FZ amending certain legislative acts of the Russian Federation in order to increase employers’ liability for breaches of the law. The Committee welcomes the Government’s indication that Federal Law No. 272-FZ amended section 29 of the Civil Procedure Code to permit citizens to institute legal proceedings for the restoration of their labour rights in the court closest to the plaintiff’s place of residence. However, the Committee notes with regret the continued lack of information provided by the Government with respect to the number and outcome of cases dealt with by the courts, making it difficult to assess whether the existing complaint mechanism is accessible in practice and allows workers to effectively assert their right to non-discrimination and equality under the Labour Code. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed. The Committee further wishes to emphasize that the judicial process of individual complaints to courts, including providing appropriate remedies and imposing sanctions, remains a common feature in the enforcement of anti-discrimination and equal remuneration provisions. Courts have an important role in developing jurisprudence furthering the principle of the Convention, and in providing remedies including orders for compensation and reinstatement (see 2012 General Survey, paragraphs 870 and 883). The Committee therefore once again urges the Government to provide information on the number and content of cases concerning discrimination in all aspects of employment and occupation brought before the courts under the terms of the Labour Code, and on the outcome of such cases, as well as the impact of limiting the avenues for seeking redress solely to the courts. The Committee also requests the Government to take steps to strengthen or establish mechanisms to analyse and monitor equality of opportunity and treatment (or non-discrimination) for all groups covered by the Convention, and to provide information in this regard. The Government is further requested to provide information on any activity undertaken: (i) to raise awareness of the relevant non-discrimination legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and (ii) to promote public understanding of the relevant legislation, such as through media campaigns or training delivered to social partners.

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

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Articles 2 and 3 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes that the Government’s report does not contain any information in response to its previous comments on this issue. It notes however from the Government’s report of 2011 under the Equal Remuneration Convention, 1951 (No. 100), the persistence of the low participation of women in the labour market and the continuing significant occupational gender segregation. The Committee once again requests the Government to take concrete measures to promote equal opportunities of men and women in employment and occupation, including steps taken to ensure that men and women have equal access to training and employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Committee requests the Government to provide information on the following:

• (i) the progress made in the adoption of the draft Federal Law on State Guarantees of Equal Rights and Freedoms and Equal Opportunities for Men and Women mentioned by the Government in its previous report;
• (ii) the work and outcome of the Special Task Force on gender equality set up in 2010 in the Ministry of Public Health and Social Development in relation to employment and occupation; and
• (iii) up-to-date statistics on the distribution of men and women respectively in the different sectors and industries, as well as levels of responsibility.

Discrimination based on sex. Sexual harassment. In the absence of information in the Government’s report on this point, the Committee recalls that section 133 of the Criminal Code on “compulsion to perform sexual actions” does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation, in particular the creation of a hostile working environment, and is not sufficient to address effectively this issue. In order to ensure an effective protection of workers against sexual harassment, the Committee once again requests the Government to take steps to include in its legislation a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment in employment and occupation. It also once again requests the Government to take steps to prevent and address sexual harassment in practice, and to raise awareness of employers, workers and their representatives of this issue.

Equality of opportunity and treatment of national and ethnic minorities and indigenous peoples. The Committee recalls the Government’s previous acknowledgement that there is a need for measures promoting non-discrimination in employment and occupation based on ethnic or national origin and to promote tolerance between the various ethnic groups in the country. The Committee notes that the Government’s report does not contain any information in this respect. The Committee notes that the Special Rapporteur of the United Nations on the Rights of Indigenous Peoples noted, that indigenous communities express “a strong desire to participate much more actively in economic activities that are not considered traditional, such as oil development or other commercial and industrial enterprises, or development of tourist destinations around historic sites”. The Special Rapporteur expressed hope that “Government officials would develop a long-term vision of economic development in indigenous areas, and strive to support and encourage various models of economic exchange and enterprises, including support for and development of non-traditional economic activities” (A/HRC/27/52/Add.4, 3 September 2014, paragraphs 133–137). The Committee once again requests the Government to take specific measures to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds and national origin, and to promote equality of opportunity and treatment of indigenous peoples in education, training, employment and occupation, including their right to engage without discrimination in their traditional occupations and livelihoods as well as in non-traditional activities. The Committee requests the Government to provide information on the current position in the labour market of the different national and ethnic minorities.

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Articles 1 and 3 of the Convention. Legislative framework. The Committee recalls that in 2010 the Conference Committee urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, through the strengthening of the legal framework to address direct and indirect discrimination and to provide for effective remedies and mechanisms to promote equality and non-discrimination. The Committee notes the adoption of Federal Law No. 162-FZ of 2 July 2013 on amendments to Federal Law No. 1032-I on Employment and other legislative Acts, amending section 25 so as to explicitly prohibit discrimination in recruitment. Pursuant to the amendment, it is prohibited to disseminate vacancy announcements containing restrictions or establishing preferences on the basis of sex, race, colour, nationality, language, origin, property, family, social and employment status, age, place of residence, attitude to religion, convictions, membership or non-membership of voluntary associations or social groups, as well as any other factors not related to the qualifications of workers, except for cases where these restrictions or preferences are established under specific laws. The Code of Administrative Offences has been amended accordingly to introduce a definition of discrimination and to provide for fines in case of discriminatory job vacancy. The Committee understands that Federal Law No. 162-FZ also amends section 3 of the Labour Code (prohibition of discrimination on the basis of listed grounds) so as to remove the adjective “political” before the word “convictions” (beliefs), and adds “membership of other social groups”. Noting the amendment to section 3 of the Labour Code and to section 25 of Federal Law No. 1032-I on Employment, the Committee requests the Government to clarify whether the general term “convictions” (beliefs) also covers “political opinion” as referred to in Article 1(1)(a) of the Convention. The Committee also requests the Government to specify the legal provisions referred to in section 25 of the Law on Employment, as amended, and to provide relevant administrative or judicial decisions so as to clarify the cases in which the prohibition of discrimination in recruitment does not apply, and the related grounds. The Committee once again asks the Government to provide specific information on any measures taken to ensure protection against both direct and indirect discrimination, to provide access to effective remedies, and to strengthen or establish mechanisms for the promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all the groups covered by the Convention, including ethnic minorities.

Articles 2 and 5. Gender equality and special measures of protection. For a number of years, the Committee has been asking the Government to revise section 253 of the Labour Code (prohibition to employ women in arduous, harmful or dangerous conditions) and Resolution No. 162 of 25 February 2000, which excludes women from being employed in 456 occupations and 38 branches of industry. The Government indicated previously that it had been decided to amend Resolution No. 162 and work was under way to introduce a general system of occupational risk management in cooperation with the social partners at each workplace. The Committee notes that the Government’s report does not provide further information in this respect. The Government indicates that the Supreme Court provided clarifications for judges on the application of legislation on women’s employment, according to which the special status of women as workers implies the requirement for employees to comply with certain restrictions regarding the type of work in which they can be employed and provide appropriate safeguards (Decision No. 1 of 28 January 2014). The Government also indicates that the refusal by an employer to recruit a woman to perform the kind of work listed is not discriminatory, if the employer has not established a safe working environment and this is confirmed by a special assessment of working conditions. The Committee recalls that provisions regarding the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee further notes from the third national report on the implementation of the European Social Charter submitted by the Government that part of the differences in wages between men and women are explained by the payment of compensation to men for work in harmful, dangerous and difficult working conditions where it is prohibited to employ women, and for overtime, work on weekends and public holidays, which is prohibited for “certain categories of women” (RAP/RCha/RUS/3(2014), 20 December 2013, pages 29–30). In this respect, the Committee recalls that the Labour Code (sections 99, 113, 259, 298, etc.) contains specific provisions with respect to women who have children under the age of 3 years (or 1.5 years), particularly with respect to working time (overtime, night work, work in shifts, etc.). In light of the principle of equality of opportunities and treatment for men and women, the Committee once again urges the Government to revise Resolution No. 162 and the Labour Code, in particular section 253, so as to ensure that restrictions applying to women are strictly limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers, and that they do not hinder the access of women to employment and their remuneration on the basis of gender stereotypes. The Committee asks the Government to provide full information on the progress achieved in this regard, in consultation with workers’ and employers’ organizations.

Monitoring and enforcement. The Committee welcomes the increased efforts made by the labour inspectorate to strengthen the supervision and monitoring of compliance with the labour legislation relating to the protection of women (pregnant women, women with young children and women in rural areas) and persons with family responsibilities. The Committee welcomes the detailed information provided by the Government in this respect and notes that, 52,444 inspections were carried out in 2013 and resulted in the detection of 4,834 violations, which mainly concerned the non-payment of maternity benefits and procedures for the termination of employment of pregnant women and women with young children (773 compliance orders were issued to employers and 508 fines imposed). The Government indicates that in 2013 the State labour inspection services received four communications concerning discrimination in employment on the basis of nationality. Recalling that since 2006, claims for discrimination have only been dealt with by the courts, and not by the labour inspectorate, the Committee notes that the Government’s report contains insufficient information regarding complaints for or relating to discrimination in employment and occupation submitted to the courts, which makes it difficult to assess whether the existing complaint mechanism is accessible in practice and allows workers to assert effectively their right to non-discrimination and equality under the Labour Code. The Committee once again asks the Government to provide information on the number and content of cases concerning discrimination in all aspects of employment and occupation brought before the courts under the terms of the Labour Code, and on the outcome of such cases, as well as the impact of limiting the avenues for seeking redress solely to the courts. The Committee also asks the Government to provide information on the steps taken to strengthen or establish mechanisms to analyse and monitor equality of opportunity and treatment (or non-discrimination) for all groups covered by the Convention.

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

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Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010). The Committee recalls the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee raised concerns regarding Resolution No. 162 of 25 February 2000, which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity, and asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility. It also urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. It specified that such measures should include strengthening the legal framework, including ensuring that the legal framework addresses direct and indirect discrimination, the burden of proof, provides for effective remedies, and that there are mechanisms to promote, analyse and monitor equality of opportunity and treatment.

Articles 1 and 3 of the Convention. Legislative framework. Noting that the Government provides no information on strengthening the legislative framework, the Committee asks the Government to provide specific information on any measures taken or envisaged to ensure protection against both direct and indirect discrimination, effective remedies, to address the burden of proof, and to strengthen or establish mechanisms for promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all groups covered under the Convention, including ethnic minorities. Recalling the Government’s previous indication that a draft federal law on state guarantees of equal rights and freedoms and equal opportunities for men and women had been adopted by the State Duma in a first reading, the Committee asks the Government to provide updated information on the status of the process of adoption of the law.

Articles 2 and 5. Gender equality and special measures of protection. The Committee welcomes the Government’s indication that, as a result of the consultations among the Ministry of Health and Social Development and the social partners, it was decided that Resolution No. 162 would be amended. It also notes that the Government repeats that employers may assign to women work that is included in the list, provided the employer creates safe working conditions, which are certified as safe by the competent state authorities. The Government also indicates that 456 occupations and 38 branches of industry constitute only 2 per cent of all types of economic activities; therefore, according to the Government, the list cannot be considered discriminatory. The Government adds that work is under way to introduce a system of occupational risk management, with the cooperation of the social partners, at each workplace. The Committee again reminds the Government that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions regarding the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on fundamental Conventions, 2012, paragraph 840). It also recalls that the Conference Committee asked the Government to ensure that the planned review of the system of health and safety protection addressed the needs of both men and women, and would not lead to measures hindering women’s participation in the labour market. The Committee asks the Government to ensure that Resolution No. 162 of 2000 is amended without further delay, as well as section 253 of the Labour Code, and that any measures limiting women’s employment are strictly limited to maternity protection. Please provide specific information on the progress made in this regard, including with respect to the consultations with workers’ and employers’ organizations and the results of such consultations.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that in March 2010, the rate of economically active women (between 15 and 72 years of age) was 56.7 per cent, compared to 66.4 per cent for men. The Committee notes from the statistical information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), that women constituted 81.2 per cent in education, 79.7 per cent in health care and social services, and 77.6 per cent in hotel and restaurant services in 2009, and observes that the labour market remains highly gender segregated. The Committee asks the Government to take measures to promote equal opportunities of men and women in employment and occupation, including information on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. Please continue to provide updated detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

Sexual harassment. The Committee recalls the absence of specific legal provisions on sexual harassment in the workplace. It notes the Government’s indication that sexual harassment is covered by section 133 of the Criminal Code, which provides that it is a criminal offence to force a person to perform acts of a sexual nature, including sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature using blackmail, threats of destroying, damaging or taking away property, or by exploiting the victim’s financial or any other form of dependence. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation. Given the gravity and serious repercussions of sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraphs 789 and 792). The Committee asks the Government to take steps to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation. It also asks the Government to indicate any measures taken in practice to prevent and address sexual harassment, and to raise awareness of employers, workers and their representatives regarding sexual harassment.

Equality of opportunity and treatment of ethnic minorities and indigenous peoples. The Committee recalls the Government’s acknowledgement that there is a need for measures promoting non-discrimination in employment and occupation based on ethnic or national origin and to promote tolerance between the various ethnic groups in the country, including ethnic associations created under the Federal Law on National and Cultural Autonomy, 1996. The Committee recalls that where labour market inequalities along ethnic lines exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 765). The Committee asks the Government to take specific measures to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds, including through promotional measures as well as effective enforcement of the legislation. It reiterates its request to the Government to provide information with regard to equal opportunities and treatment in employment and occupation of indigenous peoples.

Parts III and IV of the report form. Monitoring and enforcement. The Committee recalls that since the 2006 amendments to the Labour Code, persons considering themselves to be discriminated against in the sphere of labour can no longer petition the labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate provides advice to workers and explains in detail the procedure for lodging claims based on discrimination before the courts. It also notes the Government’s indication that in 2009 efforts were made to identify and eliminate violations of labour rights of women pursuant to a plan of the Federal Labour and Employment Service, and that 3,818 inspections were carried out, during which 13,578 violations of the Labour Code were identified and resolved. According to the Government, over 2,100 instructions were issued, over 1,600 fines were imposed, and over 500 dismissals were revoked, following requests by the labour inspectorate. The Committee asks the Government to provide information on the number of cases concerning discrimination in employment and occupation brought before the courts under the Labour Code, and on the outcome of such cases, as well as the impact of limiting the avenues of seeking redress only to the courts. It also asks the Government to provide information on the results of labour inspections, as well as on how the advice provided by the labour inspectorate assists workers and employers in lodging claims based on discrimination before the courts. The Committee further asks the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to provide such advice. As requested by the Conference Committee, please provide specific information on steps taken to strengthen or establish mechanisms for the promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all groups covered under the Convention, including ethnic minorities.

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In its previous direct request the Committee examined the need to ensure effective protection against indirect discrimination. The Committee notes the Government’s report received on 18 November 2011, in Russian. The Committee will examine this report as soon as the translation becomes available.

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The Committee recalls its observations of 2009 and 2010 which addressed the following issues: (1) Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded; (2) the enforcement of the Labour Code’s non discrimination provisions; (3) equality of opportunity and treatment for men and women; and (4) equality of opportunity and treatment of ethnic minorities and indigenous peoples.

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010). The Committee noted the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee had raised concerns regarding Resolution No. 162 of 25 February 2000 which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee had noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involve equal health and safety risks to men and women, and it had urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity. The Conference Committee had asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. The Conference Committee had also asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility, and it had urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework, which should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee notes the Government’s report, received on 18 November 2011, in Russian. The Committee will examine this report as soon as the translation becomes available.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Indirect discrimination. The Committee notes the explanations provided by the Government with regard to indirect discrimination. The Government states that the difficulties in ensuring protection from indirect discrimination in employment and occupation lie with finding appropriate wording for such provisions. The report also indicates that, rather than including a definition of indirect discrimination in the Labour Code, it might be possible to address the issue by means of a regulation. The Committee encourages the Government to explore this possibility further and to provide information on any measures taken to strengthen the Convention’s application with regard to indirect discrimination. Please also indicate whether the courts have issued any decisions involving instances or allegations of indirect discrimination.

Sexual harassment. The Committee notes that the Government did not reply to its previous comments concerning sexual harassment. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee asks the Government whether any consideration is being given to including legislative provisions defining and expressly prohibiting sexual harassment at work.

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The Committee recalls its previous observation which addressed the following issues: (1) Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded; (2) the enforcement of the Labour Code’s non-discrimination provisions; (3) equality of opportunity and treatment for men and women; and (4) equality of opportunity and treatment of ethnic minorities and indigenous peoples.

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee raised concerns regarding Resolution No. 162 of 25 February 2000 which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involve equal health and safety risks to men and women, and it urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity. The Conference Committee asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. The Conference Committee also asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility, and it urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework, which should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee notes with regret that the Government’s report has not been received, despite the fact that the Conference Committee expressly requested the Government to include in its report to the Committee of Experts complete information replying to all the matters raised by the Conference Committee and the Committee of Experts, including relevant statistical information disaggregated by sex. In these circumstances, the Committee urges the Government to make every effort to reply to its previous comments, as well as to the conclusions of the Conference Committee.

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Indirect discrimination. The Committee notes the explanations provided by the Government with regard to indirect discrimination. The Government states that the difficulties in ensuring protection from indirect discrimination in employment and occupation lie with finding appropriate wording for such provisions. The report also indicates that, rather than including a definition of indirect discrimination in the Labour Code, it might be possible to address the issue by means of a regulation. The Committee encourages the Government to explore this possibility further and to provide information on any measures taken to strengthen the Convention’s application with regard to indirect discrimination. Please also indicate whether the courts have issued any decisions involving instances or allegations of indirect discrimination.

Sexual harassment. The Committee notes that the Government did not reply to its previous comments concerning sexual harassment. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee asks the Government whether any consideration is being given to including legislative provisions defining and expressly prohibiting sexual harassment at work.

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Articles 2 and 5 of the Convention. Gender equality and special measures of protection. The Committee recalls its comments regarding Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded. The Resolution excludes women from being employed in 456 occupations in 38 sectors of industry. In its report, the Government states that the list contained in Resolution No. 162 is in accordance with section 253 of the Labour Code which provides that “the use of labour of women in arduous work and work in harmful and/or dangerous conditions, and also in underground work, except for non-physical work or work with regard to sanitary and domestic servicing, shall be limited”. The Government states that the list contained in Resolution No. 162 has been established on the basis of consultations with representatives of scientific and research institutes and that every restriction has been medically justified. The Government confirms that the list’s intention was not specifically to protect women’s reproductive health, but more broadly to “exclude women from such working conditions which generally do not correspond to the requirements of life and health protection of workers”. The Government points out that, in accordance with Resolution No. 162, the employer may decide to assign women to work included on the list provided that the employer creates safe working conditions and these are certified as safe by the competent state authorities. In the Government’s view, Resolution No. 162 did not require any changes as it did not establish unjustified restrictions.

The Committee maintains that Resolution No. 162 raises issues with regard to equality of opportunity and treatment in employment and occupation of men and women. It recalls that the Convention aims at promoting and ensuring equality of men and women, inter alia, in respect of terms and conditions of employment, including regarding occupational safety and health measures. The Convention therefore requires the Government to provide occupational safety and health protection to men and women on an equal footing. However, the approach embodied in Resolution No. 162 raises doubts as to whether adequate measures are being taken to provide such equal protection. Further, the Committee recalls that, where special measures of protection for women within the meaning of Article 5 of the Convention are being taken, it must be ascertained that exclusions from employment opportunities are limited to cases where this is strictly necessary to protect women’s reproductive health and that the measures are proportional to the nature and the scope of the protection needed. The Committee considers that the exclusion of women from any work or employment due to arduous, hazardous or dangerous working conditions that involve equal risks for men and women goes beyond what is permitted under Article 5. On this basis, the Committee also remains concerned that broad exclusions from employment opportunities due to occupational safety and health concerns that only apply to women not only have a discriminatory effect on women’s equality in the labour market, but may also hinder further progress in providing healthy and safe working environments to men and women. The Committee therefore urges the Government to take the necessary steps to review the current system of protective measures excluding women from employment opportunities with a view to ensuring equal opportunities for women and men and equal protection of health and safety, and provide information on the action taken in this regard. Please also include information on the measures taken to consult workers’ and employers’ organizations and the results of such consultations.

Enforcement of the Labour Code’s non-discrimination provisions. The Committee previously noted that, following the 2006 amendments to the Labour Code, persons considering themselves to be discriminated against in the sphere of labour can no longer petition the labour inspectorate. In this connection, the Committee notes the Government’s explanation to the effect that due to the special nature of labour disputes regarding discrimination, it was considered preferable to have such matters decided by the courts through civil legal proceedings, rather than by the labour inspectorate through administrative proceedings. Accordingly, the legislation does not permit the Federal Service on Labour and Employment to settle disputes regarding discrimination. The Committee requests the Government to provide information on the number of cases concerning discrimination in employment and occupation brought before the court under the Labour Code, and on the outcome of such cases. In addition, noting that the broad mandate of the Federal Service on Labour and Employment would not appear to exclude it from providing information and at least advice on the prohibition of discrimination to workers and employers, the Committee requests the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to provide such advice.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from statistical data compiled by the ILO that in 2008 the rate of economically active women (over 15 years of age and older) was 56.1 per cent, compared to a rate of 70.4 per cent for men. The Committee notes that the labour market in the Russian Federation remains highly segregated, with women being concentrated in clerical occupations and underrepresented in senior positions. The Committee also notes that the Government’s report contains no reply to the Committee’s previous comments requesting information on the measures taken to promote equal opportunities of men and women in employment and occupation, including information on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Committee therefore reiterates its request to the Government to supply the requested information, as well as updated detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

The Committee notes the Government’s confirmation that a draft Federal Law on state guarantees of equal rights and freedoms and equal opportunities for men and women in the Russian Federation has been adopted by the State Duma in a first reading. However, the report highlights that a number of issues have arisen in the course of the elaboration of the draft Law. More specifically, the Government indicates that some of the provisions should rather be included in the federal Constitution. The Government also notes that there are overlaps with legislation already in force and uncertainties as to which government body would be in charge of supervision. The Government adds that it would be preferable to introduce amendments to the Labour Code instead. The Committee hopes that further efforts will be made to strengthen the legal framework in the Russian Federation to promote and ensure gender equality in employment and occupation and requests the Government to provide information on the measures taken and progress made in this regard.

Equality of opportunity and treatment of ethnic minorities and indigenous peoples. In its report, the Government refers to the Constitution which requires the State to guarantee the equality of human and citizens’ rights, regardless of race, nationality, language, origin, place of residence, religion and prohibits “all forms of limitations of human rights on social, racial, national, linguistic or religious grounds” (article 19). The Government also acknowledges that a number of constituent republics of the Russian Federation are built on “national and territorial principles”, which explains some of the problems in these republics with regard to preferences being given to people belonging to the locally predominant ethnic group. The Government considers that these problems cannot be overcome by legal means. It states that with a view to overcoming “discriminatory trends in the field of employment and occupation” and to build harmonious inter-ethnic relations, it is necessary to encourage ethnic associations created under the Federal Law on National and Cultural Autonomy, 1996, to participate in addressing these problems. In this connection, the Committee also notes that the UN Committee on the Elimination of Racial Discrimination has recently recommended that measures be taken to address discrimination against ethnic minority workers in respect of recruitment (CERD/C/RUS/CO/19, 20 August 2008, paragraph 25). The Committee welcomes the Government’s acknowledgement that there is a need for measures promoting non-discrimination in employment and occupation based on ethnic or national origin and to promote tolerance between the various ethnic groups in the country. The Committee shares the Government’s view that promotional measures involving civil society organizations is important, but it also stresses the need to provide effective legal protection from discrimination. The Committee recommends that measures be taken to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds. It requests the Government to continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment of ethnic minorities through promotional measures as well as effective enforcement of the legislation. It reiterates its request to the Government to provide information with regard to equal opportunities and treatment in employment and occupation of the indigenous peoples.

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

[The Government is asked to supply full particulars to conference at its 99th Session and to reply in detail to the present comments in 2010.]

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1. Legislative developments. The Committee notes the information provided by the Government concerning the draft law on “State guarantees of equal rights and freedoms and equal opportunities of men and women in the Russian Federation” which is still under consideration by the State Duma. The legislation will introduce for the first time, a definition of discrimination and will also establish mechanisms for the promotion of gender equality. The Government is requested to continue to provide information on the progress made in the preparation of the gender equality legislation and to supply a copy of the text of the legislation, as soon as it is enacted.

2. Indirect discrimination. In its previous comments the Committee stressed the need to address indirect discrimination in employment and occupation. In the absence of a reply to these comments, the Committee once again requests the Government to indicate whether section 3 of the Labour Code prohibits indirect discrimination. The Committee requests the Government to ensure that indirect discrimination in employment and occupation is prohibited by legislation, and to provide for definitions of direct and indirect discrimination in the envisaged gender equality legislation and the Labour Code. Please indicate the specific steps taken in this regard.

3. Sexual harassment. The Committee notes that according to the government report “sexual coercion” is implicitly covered by section 3 of the Labour Code. The Committee also notes the example provided of an enterprise that has prohibited sexual solicitation in its internal rules of conduct. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee requests the Government to consider including in the legislation provisions defining and prohibiting sexual harassment, in accordance with the Committee’s 2002 general observation on this issue. In this context, the Government is asked to ensure that the definition of sexual harassment covers all types of sexual harassment (including harassment resulting from a hostile environment), and not only those which involve coercion or solicitation.

4. Situation of men and women in the labour market. The Committee notes that according to the Government’s report, working women have a higher level of education than working men and that among employees holding managerial positions, about 40 per cent are women. Women remain highly concentrated in sectors such as health, social work, culture or education (up to 80 per cent), while their proportion in other traditionally female-dominated sectors has been decreasing (commerce, catering, credit and finance), which is explained by the Government with the rising wages in these sectors, making them attractive to men. In May 2006, 46.3 per cent of the unemployed were women.

5. The Committee notes that the Government has continued to take numerous measures to promote women’s employment, including through vocational training and assistance in the establishment of their own enterprises. However, the information provided does not elaborate on how these measures address occupational segregation based on sex. The Committee requests the Government to continue to provide information on the measures taken to promote equal opportunities of men and women in employment and occupation, including on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Government is requested to provide more detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

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1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes with interest that the amendments of 30 June 2006 to the Labour Code included age as a new prohibited ground of discrimination in section 64 which prohibits “direct and indirect limitations whatsoever of rights or establishment of direct or indirect preferences when concluding a labour contract”. In addition, the ground of family status was added to the list of grounds mentioned in section 3 (“Prohibition of discrimination in the sphere of labour”). The Committee requests the Government to indicate whether these additional grounds have been determined in consultation with workers’ and employers’ organizations, in accordance with Article 1(1)(b) of the Convention. It also asks the Government to continue to provide information on the measures taken to eliminate discrimination in employment and occupation based on age and family status.

2. Enforcement. The Committee recalls that under section 3 of the Labour Code persons considering themselves to be discriminated against in the sphere of labour previously had a choice to petition the labour inspectorate or to bring a court case. However, section 3 as amended on 30 June 2006, no longer provides for the possibility to petition the labour inspectorate. The Committee requests the Government to indicate the reasons for no longer allowing petitions to the labour inspectorate in relation to section 3, and the practical consequences for workers wanting to bring discrimination claims. Please also provide information on any other measures taken by the labour inspectorate to address workplace discrimination, as well as on any cases concerning discrimination in employment and occupation brought before the courts (number, facts, rulings, remedies provided and sanctions imposed).

3. Articles 2 and 3. Equality of opportunity and treatment of ethnic minorities and indigenous peoples. The Committee recalls that the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented under Articles 2 and 3 of the Convention should address all forms of discrimination covered by the Convention. The Committee notes that the Government, despite repeated requests by the Committee, has not yet provided information on practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee, therefore, requests the Government once again to provide such information in its next report. In this regard, please indicate the position in the labour market of the different ethnic minorities and indigenous peoples, including the measures taken to strengthen their access to training and employment.

4. Article 5. Special measures of protection. The Committee notes that section 253 of the Labour Code, as amended on 30 June 2006, provides that “the use of labour of women in arduous work and work in harmful and/or dangerous conditions, and also in underground work, except for non-physical work or work with regard to sanitary and domestic servicing, shall be limited”. The Committee also notes that resolution No. 162, adopted by the Government on 25 February 2000 which contains the list of industries, occupations and work from which women are excluded, in accordance with section 253 of the Labour Code, appears to remain in force. According to the report, the resolution excludes women from 456 occupations in 38 sectors of industry. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society violate the principle of equality of opportunity and treatment. The Committee also notes that protective measures should be limited to protecting the reproductive capacity of women, and should be proportional to the nature and scope of the protection needed. Recalling its repeated requests in this regard, the Committee once again requests the Government to supply a copy of resolution No. 162, in order to allow the Committee to examine this matter further. In addition, the Committee requests the Government to ensure that protective measures are limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. Please indicate in this context whether any steps are being taken to review the list established in resolution No. 162.

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

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Indirect discrimination. The Committee stresses the importance of addressing indirect employment discrimination. It therefore reiterates its request to the Government to indicate whether the prohibition of discrimination contained in section 3 of the Labour Code covers both direct and indirect discrimination.

2. Sexual harassment. The Committee notes from the Government’s report that the labour legislation does not include explicit provisions on sexual harassment. However, sexual harassment is considered to be a form of sex discrimination prohibited under section 3 of the Labour Code. Further, the right of employees to protection of their dignity is recognized as a principle of regulation of labour relations under section 2, which may serve as a legal basis for the elaboration and implementation of measures against sexual harassment at the enterprise level. The Committee requests the Government to continue to provide information on any measures taken or envisaged to prohibit and address sexual harassment at work. Please also provide examples of action taken at the enterprise level to combat sexual harassment.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee is concerned to note from the Government’s most recent report on the application of Convention No. 100 that women are enjoying fewer and fewer opportunities to pursue a professional career and to enhance their qualifications. According to the report, the number of female employees in lower grades is twice that of men. The Committee also notes that, in 2003, the labour inspectors have dealt with some 30,800 violations of specific provisions in the labour legislation concerning the employment of women, and with 32,302 violations of this kind in 2004. While the Committee welcomes the fact that efforts are being made to ensure the application of labour legislation, the Committee urges the Government to also take concrete and proactive steps, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation. The Committee requests the Government to provide in its next report information on:

(a)   any cases of direct or indirect sex discrimination addressed by the competent authorities under section 3 of the Labour Code, including indications on how these cases have been resolved;

(b)    any measures taken to combat discriminatory job advertisements establishing exclusions based on sex and age which, according to the Government’s report, is a widespread practice in the country;

(c)    how the implementation of the National Plan of Action to Improve the Status of Women and Increase their Role in Society in 2001-05 has contributed to the improvement of the situation of women in employment and occupation, including through combating horizontal and vertical labour market segregation based on sex;

(d)   statistical data on the participation of men and women in employment in the various sectors, occupations and levels of responsibility;

(e)    the status of the draft federal law on “State Guarantees of Equal Rights and Freedom and Equal Opportunities, for Men and Women in the Russian Federation” to which the United Nations Committee on Economic, Social and Cultural Rights has referred in its Concluding Observations of 2003 (E/C.12/1/Add.94, 12 December 2003); and

(f)    any other steps taken to promote equal opportunities of men and women in employment and occupation.

4. Measures of protection. Recalling its previous comments concerning section 253 of the Labour Code, the Committee reiterates its request to the Government to submit a copy of the list of heavy-duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is restricted, which was approved by Decision No. 162 of 25 February 2000.

5. Discrimination on the grounds of race, colour and national extraction. Recalling its previous comments, the Committee requests the Government to provide, in its next report, information on the practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. In this regard, please indicate the position in the labour market of the different national or ethnic minorities and any measures taken to strengthen their equal access to training and employment.

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1. Article 1 of the Convention. Indirect discrimination. The Committee stresses the importance of addressing indirect employment discrimination. It therefore reiterates its request to the Government to indicate whether the prohibition of discrimination contained in section 3 of the Labour Code covers both direct and indirect discrimination.

2. Sexual harassment. The Committee notes from the Government’s report that the labour legislation does not include explicit provisions on sexual harassment. However, sexual harassment is considered to be a form of sex discrimination prohibited under section 3 of the Labour Code. Further, the right of employees to protection of their dignity is recognized as a principle of regulation of labour relations under section 2, which may serve as a legal basis for the elaboration and implementation of measures against sexual harassment at the enterprise level. The Committee requests the Government to continue to provide information on any measures taken or envisaged to prohibit and address sexual harassment at work. Please also provide examples of action taken at the enterprise level to combat sexual harassment.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee is concerned to note from the Government’s most recent report on the application of Convention No. 100 that women are enjoying fewer and fewer opportunities to pursue a professional career and to enhance their qualifications. According to the report, the number of female employees in lower grades is twice that of men. The Committee also notes that, in 2003, the labour inspectors have dealt with some 30,800 violations of specific provisions in the labour legislation concerning the employment of women, and with 32,302 violations of this kind in 2004. While the Committee welcomes the fact that efforts are being made to ensure the application of labour legislation, the Committee urges the Government to also take concrete and proactive steps, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation. The Committee requests the Government to provide in its next report information on:

(a)  any cases of direct or indirect sex discrimination addressed by the competent authorities under section 3 of the Labour Code, including indications on how these cases have been resolved;

(b)  any measures taken to combat discriminatory job advertisements establishing exclusions based on sex and age which, according to the Government’s report, is a widespread practice in the country;

(c)  how the implementation of the National Plan of Action to Improve the Status of Women and Increase their Role in Society in 2001-05 has contributed to the improvement of the situation of women in employment and occupation, including through combating horizontal and vertical labour market segregation based on sex;

(d)  statistical data on the participation of men and women in employment in the various sectors, occupations and levels of responsibility;

(e)  the status of the draft federal law on "State Guarantees of Equal Rights and Freedom and Equal Opportunities, for Men and Women in the Russian Federation" to which the United Nations Committee on Economic, Social and Cultural Rights has referred in its Concluding Observations of 2003 (E/C.12/1/Add.94, 12 December 2003); and

(f)  any other steps taken to promote equal opportunities of men and women in employment and occupation.

4. Measures of protection. Recalling its previous comments concerning section 253 of the Labour Code, the Committee reiterates its request to the Government to submit a copy of the list of heavy-duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is restricted, which was approved by Decision No. 162 of 25 February 2000.

5. Discrimination on the grounds of race, colour and national extraction. Recalling its previous comments, the Committee requests the Government to provide, in its next report, information on the practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. In this regard, please indicate the position in the labour market of the different national or ethnic minorities and any measures taken to strengthen their equal access to training and employment.

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The Committee notes the information provided for in the report.

1. The Committee notes that a draft of the federal specialized programme on the employment promotion of the population of the Russian Federation 2002-05 is being elaborated and will include a gender-specific examination of the Russian legislation concerning labour rights. It requests the Government to indicate the result of this examination and any follow-up action taken.

2. The Committee notes that section 253 of the new Labour Code refers to the types of work in which female labour is restricted and that the list of heavy duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is prohibited was approved by Decision No. 162 of 25 February 2000. The Government states that the list of activities in which the employment of women is prohibited under the 2000 Decision provides for a flexible approach to this prohibition as compared to the list of prohibited occupations used in the past, and that the employer may employ women in case of creating safe working conditions that are verified by the State Inspection of Working Conditions. The Committee asks the Government to indicate how this flexibility is applied in practice and to provide a copy of the decision of 2000.

3. The Committee notes that the Government’s report does not contain information relevant to some of its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request, which read as follows:

The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that Presidential Decree No. 909 of 15 June 1996 adopted an Outline of Russian State Policy on Nationalities (CERD/C/304/Add.43), and that the State Duma Committee on Nationalities was established to implement this policy. The Committee also notes that the Committee on Nationalities has prepared a Plan of Action including socio-economic development programmes for the constituent entities and different ethnic groups of the Russian Federation, which includes measures to increase the number of jobs available. The Committee requests the Government to keep it informed on the work of the Nationalities Committee, including information on the number of jobs created and the beneficiaries.

The Committee also notes that the National Cultural Autonomy Act entered into force on 17 July 1996 guaranteeing to all ethnic communities, in particular the national minorities, the right to enjoy their cultures, traditions, lifestyles, linguistic education, art and self-awareness, irrespective of size or geographical distribution and that cultural development programmes have been formulated with this end in view (CERD/C/299/Add.15 of 28 July 1997). Noting that the Government has established an advisory council on national cultural autonomy, with the objective of facilitating constructive interaction between the Government and the ethnic communities, the Committee requests the Government to keep it informed on the work of this Committee.

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1. The Committee takes note of the promulgation of the new Labour Code adopted by the State Duma on 30 December 2001, which entered into force in February 2002. The Committee notes that section 3 of the Labour Code states that no one may be restricted in his (or her) labour rights and freedoms or receive any kind of advantage, irrespective of gender, race, skin colour, nationality, language, origin, material, social and employment status, age, place of residence, religious beliefs, political convictions and affiliation or non-affiliation with social associations and of other circumstances not related to an employee’s occupational qualifications. With reference to its previous comments concerning the omission of certain grounds, the Committee notes with interest that provisions of the new Labour Code cover all of the grounds of discrimination prohibited by the Convention. The Committee welcomes this development and requests the Government to provide information on the application and impact in practice of the new Labour Code on equality in employment and occupation, as well as on the enforcement of its non-discrimination provisions on all grounds.

2. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to confirm whether section 3 of the new Labour Code is intended to cover both direct and indirect discrimination as required by the Convention.

3. In this context, the Committee notes the concern of the Committee on the Elimination of Discrimination Against Women at the "deteriorating situation of women in employment, with women’s share in highly paid sectors decreasing, and at increasing industrial and occupational segregation, with women constituting the overwhelming majority of the workers in low-paying jobs in health care, education, culture and social security [...] the level of women’s pay in the economy as a whole is only 65 per cent of men’s; that de facto discrimination against women persists in hiring, especially in the private sector; and, that in the State Service, women constitute 55 per cent of public servants but occupy only 9 per cent of leadership positions and 1.3 per cent of high leadership positions" (CEDAW/C/2002/CRP.3/Add.3 of 28 January 2002). The Committee asks the Government to continue providing information on the measures taken or envisaged to improve the situation of women in the labour market, to promote their access to employment and decision-making positions and to improve their working conditions.

In addition, a request regarding other points is being addressed directly to the Government.

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1.  The Committee notes the information contained in the Government’s reports. It also takes note of the Government’s confirmation that the term "conviction" contained in article 19 of the Constitution has a broad meaning and includes the term "political convictions" within its scope. The Committee recalls its previous comment concerning the lack of legal protection on the grounds of race or colour which are among the prohibited grounds of discrimination as specified under Article 1, paragraph 1(a), of the Convention. In this respect, it notes from the Government’s report that the draft Act to amend and supplement the Labour Code was approved by the State Duma on 27 October 1999, and that it has four sections referring specifically to the prohibition of discrimination in employment, namely sections 1(2), 2, 16 and 77. The Committee notes further that section 1(2) of the draft Code entitled "Prohibition of discrimination in employment" provides that "every person has equal rights at work, irrespective of sex, age, race, nationality, language, property or employment status, residence, attitude to religion, political or other convictions, membership or non-membership of public associations or any other circumstances not related to professional capability". The Committee notes that this draft provision now covers all grounds with the exception of colour. It hopes that the Government will consider adding this ground to the Code and that information on whether the draft Labour Code has been adopted into law will be provided in its next report.

2.  The Committee further notes that the draft Labour Code provides that "distinctions, exclusions, preferences and restrictions based on the inherent requirements of a particular job or arising out of the State’s special concern for persons requiring greater social and legal protection shall not constitute discrimination". Noting that women, youth and the disabled are included in this category, and that there is a special list of jobs which women are prohibited from performing, the Committee requests the Government to provide further information on whether this list has been examined in light of recent scientific and technological developments and in light of the promotion of equality of opportunity and treatment to ensure that such prohibitions are still necessary.

3.  The Committee notes from the report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that women account for 70 per cent of the country’s unemployed, and that there are constraints on women’s ability to exercise their equality of opportunity as a consequence of the transformation to a market economy (A/50/38 of 31 May 1995, paragraphs 496-552). Within this context, the Committee also takes note of information contained in a report of the Women’s Rights Project of Human Rights Watch indicating widespread discrimination in employment on the basis of gender, including in hiring, firing and retraining (Russia: Neither Jobs Nor Justice, March 1995, Vol. 7, No. 5). Taking note of the Government’s "Plan of Action to Improve the Status of Women and to Upgrade their Role in the Society by 2000" (Act No. 1032 of 29 August 1996), the Committee requests the Government to provide concrete information on measures taken or contemplated to implement this Plan including statistical information disaggregated by sex on the labour market, the workforce, participation in training and retraining programmes, and the employment prospects of those who received training. Within this context, the Committee recalls its previous comment requesting information on measures taken to promote equal access of women and men to senior executive and managerial posts.

4.  The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that Presidential Decree No. 909 of 15 June 1996 adopted an Outline of Russian State Policy on Nationalities (CERD/C/304/Add.43), and that the State Duma Committee on Nationalities was established to implement this policy. The Committee also notes that the Committee on Nationalities has prepared a Plan of Action including socio-economic development programmes for the constituent entities and different ethnic groups of the Russian Federation, which include measures to increase the number of jobs available. The Committee requests the Government to keep it informed on the work of the Nationalities Committee, including information on the number of jobs created and the beneficiaries.

5.  The Committee also notes that the National Cultural Autonomy Act entered into force on 17 July 1996 guaranteeing to all ethnic communities, in particular the national minorities, the right to enjoy their cultures, traditions, lifestyles, linguistic education, art and self-awareness, irrespective of size or geographical distribution and that cultural development programmes have been formulated with this end in view (CERD/C/299/Add.15 of 28 July 1997). Noting that the Government has established an advisory council on national cultural autonomy, with the objective of facilitating constructive inter-action between the Government and the ethnic communities, the Committee requests the Government to keep it informed on the work of this Committee.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. As noted in its observation, the Committee hopes that the draft new Labour Code will be adopted, taking into account the technical assistance provided by the Office. In the meantime, the Committee recalls that the 1992 Act to amend the Labour Code supplemented section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection, are not considered to constitute discrimination. The Government indicates that these protective measures are to cover training and employment for persons of pre-conscription age and persons taking correspondence or evening educational courses. The Committee requests the Government to provide information on what measures might be covered by the reference to "employment ... which correspond(s) to the particular needs of the State" and to indicate whether any changes are envisaged in the new Labour Code concerning these provisions.

2. The Committee notes the information supplied on job placement for women (e.g. job reservations for women in several regions, administered by the regional employment authorities, up to 25 per cent in the Chelyabinsk region) and asks the Government to continue to inform it of these, and similar, measures. For example, how many women have taken part in the "New Start" programme set up for the long-term unemployed? Moreover, noting from the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/USR/4 of 15 November 1994) that, although women constitute more than half the staff of the organs of executive power at the federal level, the representation of women in executive posts is still low, the Committee requests the Government to indicate the measures taken to promote equal access of men and women to senior posts in executive and managerial bodies.

3. The Committee notes that the Government asks for more details on the texts referred to in point 3 of the Committee's last direct request, so as to be able to comment. It recalls that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers concerned the introduction of the attestation of managerial and engineering-technical employees and other specialists of enterprises and organizations of industry, agriculture, transport and communication and that Order No. 153 of 5 March 1987 contained regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies. It requests the Government to indicate, in its next report, whether these texts are still in force, and if so, to provide details on the measures being taken to bring them into full conformity with the provisions of the Convention.

4. The Committee repeats its request for information on the policies, programmes or any other measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion and national extraction, particularly in light of the adjustments taking place in the economy of the Russian Federation.

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The Committee notes the information provided in the Government's report, including the detailed statistics on the relative proportion of men and women in different sectors of activity, and information on the monitoring function of the Federal Inspectorate of Labour attached to the Ministry of Labour in relation to the Basic Principles Act on Employment.

1. As noted in its observation, the Committee hopes that the draft new Labour Code will be adopted, taking into account the technical assistance provided by the Office. In the meantime, the Committee recalls that the 1992 Act to amend the Labour Code supplemented section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection, are not considered to constitute discrimination. The Government indicates that these protective measures are to cover training and employment for persons of pre-conscription age and persons taking correspondence or evening educational courses. The Committee requests the Government to provide information on what measures might be covered by the reference to "employment ... which correspond(s) to the particular needs of the State" and to indicate whether any changes are envisaged in the new Labour Code concerning these provisions.

2. The Committee notes the information supplied on job placement for women (e.g. job reservations for women in several regions, administered by the regional employment authorities, up to 25 per cent in the Chelyabinsk region) and asks the Government to continue to inform it of these, and similar, measures. For example, how many women have taken part in the "New Start" programme set up for the long-term unemployed? Moreover, noting from the Government's report to the United Nations Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/USR/4 of 15 November 1994) that, although women constitute more than half the staff of the organs of executive power at the federal level, the representation of women in executive posts is still low, the Committee requests the Government to indicate the measures taken to promote equal access of men and women to senior posts in executive and managerial bodies.

3. The Committee notes that the Government asks for more details on the texts referred to in point 3 of the Committee's last direct request, so as to be able to comment. It recalls that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers concerned the introduction of the attestation of managerial and engineering-technical employees and other specialists of enterprises and organizations of industry, agriculture, transport and communication and that Order No. 153 of 5 March 1987 contained regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies. It requests the Government to indicate, in its next report, whether these texts are still in force, and if so, to provide details on the measures being taken to bring them into full conformity with the provisions of the Convention.

4. The Committee repeats its request for information on the policies, programmes or any other measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion and national extraction, particularly in light of the adjustments taking place in the economy of the Russian Federation.

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The Committee notes the information contained in the Government's report in reply to its previous comments, including the detailed statistical information.

1. The Committee notes that the new Constitution, adopted on 12 December 1993, in article 19, guarantees equality of rights and liberties irrespective of sex, race, nationality, language, origin, property or employment, residence, attitude to religion, convictions, membership of public associations or any other circumstance. The Committee also notes the Government's statement that the term "political opinion", one of the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, is covered by the terms "convictions" and "membership of public associations" found in the Constitution. The Committee would ask the Government to clarify that "convictions" covers this ground since "membership of public associations" might not ensure sufficient protection, by not covering persons who, although they may not belong to a certain public association, nevertheless hold and/or express political opinions. Appropriate additions to the new draft Labour Code would make it clear that all the grounds of the Convention are covered.

2. The Committee would appreciate receiving information on progress in the adoption of the new draft Labour Code, on which the Office's technical assistance was provided in 1993.

3. The Committee recalls that in its previous observation it noted that section 5 of the Act on Employment, amended in July 1992, provides that the national policy on employment shall ensure equality of opportunity and treatment in employment to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes. The Committee notes that the new draft Labour Code mentioned above is worded in a similar manner. Recalling that Article 1, paragraph 1(a), of the Convention also prohibits discrimination on the basis of race and colour, the Committee repeats its request to the Government to provide information on the measures taken to ensure the promotion of equal opportunity and treatment in employment for persons belonging to different racial groups.

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

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

1. The Committee notes that the new Constitution, adopted on 12 December 1993, in article 19, guarantees equality of rights and liberties irrespective of sex, race, nationality, language, origin, property or employment, residence, attitude to religion, convictions, membership of public associations or any other circumstance. The Committee also notes the Government's statement that the term "political opinion", one of the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, is covered by the terms "convictions" and "membership of public associations" found in the Constitution. The Committee would ask the Government to clarify that "convictions" covers this ground since "membership of public associations" might not ensure sufficient protection, by not covering persons who, although they may not belong to a certain public association, nevertheless hold and/or express political opinions. Appropriate additions to the new draft Labour Code would make it clear that all the grounds of the Convention are covered. 2. The Committee would appreciate receiving information on progress in the adoption of the new draft Labour Code, on which the Office's technical assistance was provided in 1993. 3. The Committee recalls that in its previous observation it noted that section 5 of the Act on Employment, amended in July 1992, provides that the national policy on employment shall ensure equality of opportunity and treatment in employment to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes. The Committee notes that the new draft Labour Code mentioned above is worded in a similar manner. Recalling that Article 1, paragraph 1(a), of the Convention also prohibits discrimination on the basis of race and colour, the Committee repeats its request to the Government to provide information on the measures taken to ensure the promotion of equal opportunity and treatment in employment for persons belonging to different racial groups. 4. The Committee is raising other points in a request addressed directly to the Government.

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

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Further to its observation, the Committee, noting that the Government's report contains no information in reply to its previous direct request, wishes to make the following comments:

1. The Committee notes that the Law of the Russian Federation Amending and Supplementing the Labour Code, dated 25 September 1992, supplements section 16 of the Code to provide that distinctions, exclusions, preferences and restrictions in employment which are appropriate to the conditions of certain work or which correspond to the particular needs of the State to take measures for persons requiring greater legal and social protection are not considered to constitute discrimination. It would be grateful if the Government would provide information on the meaning of the exception concerning measures that would be appropriate to the conditions of work and the types of measures that would be covered by this exception.

2. Noting the enabling provisions for supervisory authorities and liability for breach of employment legislation, set out in sections 41 to 44 in the Basic Principles Law on Population Employment, as modified by Decree No. 3306-1 of 15 July 1992, the Committee requests the Government to indicate the manner in which the application of the legislation is supervised and enforced, including any sanctions that may be imposed.

3. The Committee refers to its previous comments concerning Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and Order No. 153 of 5 March 1987 and hopes that the next report of the Government will be able to report that measures have been taken to bring these texts into full conformity with the provisions of the Convention.

4. (i) With reference to the parliamentary hearings held on the practical implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the adoption of a decision aimed at ensuring equality of employment and occupational opportunity, the Committee requests the Government to indicate the measures taken to implement the above decision including the collection and publication of statistics which would ensure a fair analysis of the position of women in employment and to supply copies of such statistics with its next report. It further requests the Government to supply information on the relative proportion of men and women at various levels of responsibility in different sectors of activity.

(ii) The Committee recalls that an official programme to improve the situation of women and families with a view to eliminating inequalities between male and female workers with family responsibilities was under study. It would be grateful if the Government would indicate the results of this study and whether such a programme has been established.

(iii) The Committee must reiterate its request to provide information on the policies, programmes or any other measures taken to prevent discrimination and to promote equality of opportunity and treatment between men and women in employment and occupation and on the results obtained in respect of access to vocational training and retraining, access to and security of employment, and terms and conditions of employment, particularly in light of the adjustments taking place in the economy of the Russian Federation.

5. The Committee once again reiterates its request for information on the policies and programmes currently being pursued to promote equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction.

6. The Committee requests the Government to continue to provide information on any other measures taken, or contemplated, particularly within the framework of the new Federation and the reforms in the country's institutions and economic system, which directly or indirectly affect equality of opportunity and treatment in employment as provided for in the Convention and any measures that have been taken by the republics (territories) in this regard.

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1. (i) The Committee notes that the Law of the Russian Federation Amending and Supplementing the Labour Code of the RSFSR, dated 25 September 1992, amends section 16 of the Labour Code to provide that any direct or indirect restriction of rights and any direct or indirect establishment of advantages in employment based on sex, race, nationality, language, social origin, material status, place of residence, religious convictions, membership in social organizations or other grounds which are unrelated to the performance of the work, are prohibited. The Committee thus observes that the Labour Code, as amended, covers the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention with the exception of political opinion. The Committee further notes that the Law on Population Employment in the Russian Federation, as modified by Decree No. 3306-1 of the Supreme Soviet of the Russian Federation, dated 15 July 1992, provides, in section 5, that state policy in the field of employment shall be directed at ensuring equal opportunities to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes in exercising their right to work and free choice of employment, thus covering the grounds of discrimination listed in Article 1, paragraph 1(a), with the exception of race.

(ii) In previous observations, the Committee had noted the repeal of provisions referring to the leading role of the Communist Party and provisions imposing political and ideological requirements for selection to employment. While noting that ensuring equal opportunities on the grounds of, inter alia, political opinion is stated as a national policy directive in the above-mentioned Law, it observes that no provision appears to create binding obligations against discrimination on the basis of political opinion in terms of access to employment. The Committee therefore hopes that the Government will be able to report in the near future that the Labour Code has been amended to include political opinion as a prohibited ground of discrimination.

(iii) The Committee would also be grateful if the Government would provide information on the measures taken to ensure that the promotion of equal opportunity in state policy pursuant to the provisions of the Law on Population Employment in the Russian Federation is also directed at persons belonging to different racial groups.

2. Noting that the Russian Federation is still in the process of elaborating a Constitution, the Committee trusts that due consideration will be given to the requirements of the Convention in the new Constitution.

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

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Further to its observation, the Committee wishes to make the following comments:

1. The Committee notes, from the information supplied in the Government's last report, that Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and Order No. 153 of 5 March 1987 appear to be still in force. In view of the review of existing legislation due to take place pursuant to the Order on the introduction into effect of the Fundamental Principles Law of USSR and Union Republics on Employment of Population of the USSR, which provide for equality of opportunity in employment irrespective, inter alia, of political conviction, the Committee hopes that the Government will take into consideration the Committee's previous comments and that the next report will contain information on the measures taken to bring the above-mentioned texts into full conformity with the new Fundamental Principles Law and the provisions of the Convention. In this connection, the Committee requests information on the steps taken to ensure that such a review is carried out at the Republic level as well.

2. The Committee notes with interest the creation in 1990 of the USSR Committee on Constitutional Supervision and, in particular, the Conclusion adopted by this body on 21 July 1990 "on the non-conformity of standards of legislation excluding judicial review of individual labour disputes of a number of categories of employees with the provisions of the Constitution of the USSR, the laws of the USSR and the international human rights documents" which, according to the Government's report, rescinded many legislative acts limiting the judicial protection of the labour rights of a number of categories of workers, ensures citizens equality of opportunity for judicial protection of their labour rights, and covers the application of the Convention. The Committee would be grateful if the Government would provide more specific information on the nature of the judicial protection now afforded to workers, the categories of workers protected, as well as on how the Conclusion will be applied in practice. It also requests the Government to continue to provide information on other action and measures taken by this Committee on constitutional supervision concerning the application of the Convention.

3. (i) The Committee notes with interest the information provided in the Government's report concerning the parliamentary hearings on the practical implementation of the United Nations Convention on the Elimination of All forms of Discrimination Against Women which were held in October 1990, and the adoption of a decision aimed at immediately ensuring equality of employment and occupational opportunity and treatment to women, and the publication of statistics to ensure a fair analysis of their position in society. The Committee notes that such statistics are not yet available but requests the Government nevertheless to provide, to the extent available, specific information and statistics on the relative proportion of men and women at various levels of responsibility, including managerial positions and other levels of decision-making authority, in different sectors of activity.

(ii) The Committee further notes from the information supplied by the Government to the United Nations Committee on the Elimination of Racial Discrimination in document CERD/C/197/Add. 1, of 2 August 1990, that a new law has been adopted in April 1990 concerning emergency measures favourable to women, maternity, youth and the family. It requests the Government to supply a copy of this law with its next report and to indicate how it has been applied in practice. The Committee also notes with interest, from the same document, that an official programme to improve the situation of women and families is under study with a view to eliminating inequalities between male and female workers having family responsibilities. It requests the Government to keep it informed of the progress of this study and its results and hopes that the study will also be undertaken with a view to promoting equality of opportunity and treatment in employment and occupation on the basis of sex in compliance with the terms of the Convention.

(iii) The Committee also requests the Government to continue to provide information on the policies, programmes or other measures taken or pursued with a view to promoting equality of opportunity and treatment of men and women in employment and occupation, in regard to access to training, access to and security of, employment, and terms and conditions of employment, particularly in the light of the adjustments which are taking place in the economy of the USSR.

4. The Committee reiterates its request for information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction. In this connection, the Committee notes from the information submitted by the Government to the UN Committee on the Elimination of Racial Discrimination at its Thirty-eighth Session (CERD/C/197/Add. 1, 2 August 1990) that the Supreme Soviet of the USSR is giving considerable attention to questions of relations between nationalities and that permanent committees in the Council of Nationalities have been set up on, inter alia, nationalities policy and relations between nationalities. The Committee requests the Government to provide information on the measures taken or contemplated in this regard which have a bearing on the application of the Convention.

5. The Committee requests the Government to continue to provide information on any other measures taken, or contemplated, particularly within the framework of the new USSR Constitution and of the reforms in the country's institutions and economic system, which directly or indirectly affect equality of opportunity and treatment in employment or occupation as provided for in the Convention.

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In its previous comments, the Committee had drawn attention to the ideological and political qualifications required for filling various positions in teaching and other sectors of the economy and for obtaining academic degrees and titles, and to the role played by the Communist Party in their implementation. It had observed that the provisions in question made it possible for equality of opportunity and treatment in employment and occupation to be impaired by distinctions based on political opinions.

1. The Committee notes with satisfaction, from the information provided by the Government in its last report, that the Constitution of the USSR, as amended by the Law on Presidency of 14 March 1990, no longer makes reference to the "leading role of the Communist Party of the Soviet Union" and that its amended Article 6 puts the Communist Party on an equal footing with other political parties, trade unions, youth and other social organisations and mass movements in the formulation of the policy of the Soviet State and in the administration of state and social affairs. The Committee also notes with satisfaction the abrogation of the Act of the USSR of 30 June 1987 on state enterprises which contained provisions requiring the Party organisation of an enterprise to guide the work of the organisation, to select, train and place staff, and the steady raising of the political level of the workforce and the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities. The Act of the USSR on Enterprises in the USSR of 4 June 1990 no longer contains any provisions which specifically provide for the Party or any other political organisation to be involved in decisions affecting the selection and evaluation of workers relating to their employment.

2. The Committee also notes with satisfaction that Decree No. 425 of 15 May 1973 on the procedure for filling positions in the professoral and teaching staff of higher educational establishments; Decree No. 273 of 16 April 1974 on the attestation of teachers of general education schools; the methodological instructions, for the verification of the quality of basic types of instructions at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational Institutions, of 2 October 1978; and Decree No. 1067 of 29 November 1975 concerning the procedure for awarding academic degrees and academic titles were repealed and have been replaced by new regulations which no longer impose ideological or political requirements for the selection of teaching staff in educational establishments and for the awarding of academic degrees and titles, in accordance with the Convention.

3. The Committee notes that the Fundamental Principles Law of the USSR and Union Republics on Employment of Population of USSR was adopted on 15 January 1991 and communicated to the Office the first week of February 1991. The Committee will be able to examine it in detail only when a translation of the full text is available. However, the Committee can already note with satisfaction that Section 4 of this law provides that state policy in the field of employment shall be based on the provision of equal opportunities to all citizens irrespective of race, sex, attitude to religion, age, political conviction, nationality and social status in the realisation their right to work and free choice of employment, thus covering grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, including political opinion.

4. The Committee further notes that, in accordance with the Order on the introduction into force of the above-mentioned legislation, all existing legislation, decrees, legislation or other measures are to be reviewed and brought into conformity with the Fundamental Principles Law by 1 June 1991. It hopes that this review will also be made in light of the requirements of Convention No. 111 and that due consideration will be given to the points raised by the Committee in previous comments. The Committee requests the Government to indicate the results of this review and to supply copies of all relevant revised texts with its next report.

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

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1. In its previous comments, the Committee had referred to several legislative texts which specified ideological and political qualifications among the requirements for filling various positions in teaching establishments and other sectors of the economy and for obtaining academic degrees and titles. It had observed that the provisions in question made it possible for equality of opportunity and treatment in employment and occupation to be impaired by distinctions based on political opinion.

The Committee notes the information provided by the Government, according to which recently adopted texts, particularly those concerning the evaluation of workers, had been drafted with due regard to the provisions of Convention No. 111, avoiding any superfluous political terminology and placing emphasis on the professional qualifications and experience of workers. The Committee draws the attention of the Government to the following points:

(a)The Committee notes the Government's statement that Decree No. 435 of 15 May 1973 on the procedure for filling positions in the professorial and teaching staffs of higher educational establishments is no longer in force, and that new texts, issued in accordance with the reform of general and technical educational schools (1984) and of higher and intermediate education (1987), correspond more closely to the provisions of Convention No. 111, by providing for the selection of staff on the basis of an evaluation only of professional qualifications and quality of performance. The Committee requests the Government to furnish copies of the new texts regulating these matters.

(b)Please also indicate whether the new texts referred to above have also repealed or modified the other legislative provisions in the field of education to which the Committee had referred in its previous comments, namely:

- Decree No. 273 of 16 April 1974 of the USSR Council of Ministers on the attestation of teachers of general education schools;

- the methodological instructions for the verification of the quality of basic types of instruction at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational Institutions, of 2 October 1978;

- Decree No. 1067 of 29 December 1975 of the USSR Council of Ministers concerning the procedure for awarding academic degrees and academic titles.

(c)The Committee notes the Government's statement that new provisions are in the course of preparation concerning the Higher Accreditation Commission in the field of education, and that the texts on this question will be communicated, once adopted.

(d)Please indicate whether any new provisions have replaced or modified the provisions on the attestation of managerial and engineering-technical employees and other specialists in industry, agriculture, transportation and communications, mentioned in the Committee's previous comments (Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and the decree governing the procedure of such attestation). Please provide copies of any such new texts, and also of the decree on attestation, No. 528/334 of 22 October 1979 (if still in force).

2. The Committee has taken note of the regulations on the procedure for the attestation of senior officials in the administrative machinery of State and social bodies, approved by Order No. 153 of 5 March 1987. It notes that this procedure requires an appraisal (inter alia) of the political qualities of the workers concerned, on the ground that senior officials of State and social bodies cannot be apolitical but must take an interest in the internal and external politics of the State. The Committee would appreciate more precise indications of the categories of officials affected by these requirements, and of the range of State and social bodies to which they apply.

3. The Committee notes, from the information provided to the Human Rights Committee in October 1989 (document CCPR/C/52/Add.6) that a new Constitution is being prepared in the USSR, which will, inter alia, guarantee inalienable human rights and the security and legal protection of the individual, as well as equality before the law of all citizens.

The Committee would particularly appreciate information on the progress made in drawing up the new constitutional provisions. It recalls that Article 34 of the Constitution of the USSR of 1977, which provides for equality before the law without distinction based on such grounds as origin, social status, race, sex, attitude to religion, etc., does not refer to political opinion. This criterion also is not mentioned in other provisions relating to equality of opportunity and treatment, such as the Fundamental Principles of Labour Legislation of the USSR and Union Republics (section 9), the Fundamental Principles of Legislation on Public Education of the USSR and Union Republics, as amended by the Act of 27 November 1985 (section 4) and the Act of 30 June 1987 on nation-wide discussion of important aspects of state activities (section 6). The Committee notes that, in their statements to the Human Rights Committee in October 1989, the Government's representatives recognised the need to modify national legislation on this point. It hopes that the new constitutional provisions and legislative texts for implementing them in fields relevant to the application of Convention No. 111 will accordingly be drafted so as to cover all grounds of discrimination enumerated in Article 1, paragraph 1(a) of the Convention.

4. The Committee has taken note of the Act of the USSR of 30 June 1987 on State enterprises. It notes that, under section 6(1) of this act, the Party organisation of an enterprise, as its political nucleus and within the framework of the Constitution of the USSR, is to guide the work of the entire collective, its self-management bodies, trade union and other public organisations. According to section 8(1), staff is to be selected, placed and trained by the management and the Party organisation. Section 8(2) provides for the steady raising (inter alia) of the political level of the entire workforce. Section 8(3) requires the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities.

The Committee notes, further, that the participation of representatives of Party organisations in decisions affecting the selection and evaluation of workers remains a general characteristic of texts relating to employment. According to the Government's report, this is a reflection of the principles of political organisation of the USSR: the role and functions of the Communist Party, distinctive of the one-party system, are anchored in the Party's constitution and programme, according to which the activities of the Party organisations are directed not to struggle with other communal bodies but to the consolidation of all creative forces.

The Committee would appreciate information on any changes which may be contemplated in regard to these matters, in the framework of the discussions on a new Constitution and of reforms in the country's institutions and economic system.

5. In its previous observation, the Committee referred to information communicated by the International Confederation of Free Trade Unions in July 1986, alleging that a number of named individuals had been dismissed from their employment after they or members of their families had applied to emigrate, and that other named persons had been sentenced to imprisonment because of their involvement in movements concerned with emigration rights or because they had been found guilty of leading a parasitic way of life although they had been engaged in private teaching work.

On this matter, the Government has referred to the information contained in the report which it submitted in 1987 on Convention No. 29, according to which:

- a decision of the Council of Ministers of the USSR of 28 August 1986 to supplement the regulations on entry into and departure from the USSR, which entered into force on 1 January 1987, had considerably simplified the formalities connected with departure;

- during the first seven months of 1987 the departure of 13,000 persons, including most of those named by the ICFTU, had been authorised; about 200 of those authorised to leave had decided not to do so, for personal reasons;

- most of those mentioned by the ICFTU, notwithstanding temporary rejection of their applications to leave, had continued to work in their special fields, and in various instances had even been promoted.

The Government also provided information concerning the criminal charges on which certain of those mentioned by the ICFTU had been convicted. It pointed out that most of those listed by the ICFTU had been released before serving their full sentence by decision of the Presidium of the Supreme Soviet of the USSR in response to their applications for pardon or under the amnesty granted on the 70th anniversary of the USSR.

The Committee has taken note of this information.

6. The Committee has noted the information provided by the Government concerning the participation of women in the labour force and the numbers of women holding various types of academic qualifications and occupying positions in higher education and scientific work. It would appreciate more precise information on the relative proportion of men and women at various levels of responsibility in different sectors of activity.

The Committee also requests the Government to provide information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment of men and women in employment and occupation, in the framework of reconstruction of the country's economic system.

7. Having regard to the numerous ethnic groups of which the population of the USSR is composed, the Committee would also appreciate information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction, more particularly as regards:

- access to training;

- access to employment and to different occupations;

- conditions of employment.

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The Committee has noted the information provided by the Government in its report for the period ending 30 June 1988, as well as the indications on a number of more recent developments contained in the reports and statements made to the UN Human Rights Committee at its 37th Session in October 1989 and in the press in recent months. It hopes that the next report will indicate the measures taken on the points raised in its previous comments, which it recalls in a request addressed directly to the Government.