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

CMNT_TITLE_CAS



Discussion by the Committee

Government representative – We would like to apologize for the fact that we do not have a full delegation for genuine reasons. We will forward any information we receive this afternoon to our social partners, and in the future we will try and make sure that they can participate in our delegation too. I would also like to tell you that the policy of the Government of the Republic of Tajikistan in the area of discrimination at work and in employment is a major part of our Government’s policy of social protection and labour relations, and is based on current international norms and standards. The Government of the Republic of Tajikistan has ratified 50 Conventions, eight of which are fundamental, three of which are priority ones. Our Government attaches particular attention to enhancing the role of women in society, and protecting their rights and interests.

Our policies in this area have specific measures which are directed at helping our society to overcome stereotypes about women and patriarchal attitudes towards them. In order to do this, we take various approaches and use various methods of work. We work through the mass media, through the printed media, on the Internet, through personal discussions and meetings, etc. Questions of gender equality are cross-cutting issues in our national development policy and our social economic strategy. According to Tajik legislation, men and women are equal, they have equal rights to work, to salary, to selection of a profession to work, to social protection against unemployment, equal rights to education, and so on and so forth. According to our Constitution, the State guarantees equal pay for men and women for work of equal value.

However, in our country there are differences in the professions in which women and men are employed. Generally speaking, women tend to work in the lower-paid professions, in such areas as the health system, education, culture, the arts and agriculture. On the other hand, there are more men working in areas such as construction or the extractive industries where the salary is higher. In order to tackle this problem, we have decided upon, and are carrying out, a state programme for training women and helping them to get other types of employment. The President’s Office offers grants to businesswomen, and this is helpful in creating new jobs for women each year. The amount and quantity of these grants is gradually being increased. Every year, special training courses for women in leadership are held; we check our school curricula to make sure that they are gender neutral; we have gender training in the education academy; and we take other measures as well.

The Framework Law on State Guarantees for Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights No. 89, adopted on 1 March 2005, governs relations between men and women in accordance with the principles of the Constitution, making certain that they are equal in society, in politics, in the cultural sphere, and in any other domain. This is to prevent discrimination on the grounds of sex and make sure that everyone has equal opportunities. Article 3 of the Law formally and legally prohibits discrimination in any way that would encroach upon the rights of men and women. Article 4 provides that those working in the state apparatus have to be given training on gender relations, and this again ensures equality of opportunity for men and women. We have enacted laws to guarantee this too. We have run special programmes and we have taken other measures including those aimed at getting rid of the obstacles preventing people from enjoying equal rights. There is sometimes discrimination on the grounds of sex and as I say, we have to take special measures to get rid of it. The provisions of the Convention are covered by our legislation in several different laws. As I said, we have the Law on State Guarantees. We also have one on preventing domestic violence and we have a Presidential Decree to enhance the role of women in society.

Our state programme on education and training for officials of the State of Tajikistan and the recruitment of women and young men has been in operation for some time between 2007 and 2016. Then there is the national strategy to enhance the role of women in Tajikistan that is still under way and will be running until 2020. As you can see, we are doing quite a bit to try and ensure that men and women can enjoy their rights equally. We are trying to make it easier for women to find a stable job and we have already helped 32,000 people to do precisely that. We also provide vocational training programmes which help women to obtain more qualifications and retraining. According with the demands of the labour market, 17,000 persons have benefited from that. We help women to set up and run their own businesses and become self-employed – 3,000 persons have benefited from that. And of course, it goes without saying that we provide social benefits to women including unemployment benefit where that is required – 6,400 persons are covered by that. We are also providing information to women about their rights and how they can defend them through the courts. We also provide help in getting a job to women and girls who have in the past been victims of violence and/or trafficking. Between 2018 and 2019, this programme, in its various aspects, is going to help 79,000 women to obtain a job. When it comes to the involvement of women in hazardous, heavy or underground work, it is true that the situation in Tajikistan is not as good as it is in many other countries where there is special protection of women. But that is understandable, because the countries I am talking about are usually very wealthy, very well developed, socially advanced, and very technologically developed as well. Our country unfortunately is still modernizing its economy and its industry, and trying to make work safer for all its workers, both men and women. But it is a long process. In a nutshell, if working conditions can be improved, and that is of course the final goal of our Government, then we can look again at our legal provisions prohibiting women working in certain jobs, or certain types of work. Basically, what we are trying to do, is protect women’s health against what can happen in certain hazardous or dangerous workplaces. We have had a traditionally humane approach to women’s rights at work and indeed women’s right in the family, and recently we confirmed a list of types of work where women were restricted, particularly when it came to lifting or moving heavy loads and work of that kind. Together with the ILO we have run and are running technical cooperation programmes to deal with this kind of issue. They also cover child labour in both the formal and informal economy. And there are other areas we have been working in as well.

I would like to show you that our country believes in and will do its utmost to observe all the principles and Conventions of the ILO.

Worker members – We are finally able to deal with the case of Tajikistan. However, we are proceeding with the examination of the case while still regretting the absence of an Employer representative and a Worker representative from the country.

The subject of our discussion is the application of Convention No. 111. It is one of the fundamental Conventions of our Organization and first that was adopted to address this issue fully. It implements one of the most important parts of the Declaration of Philadelphia, which provides that: “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity”. Although the Declaration refers to many criteria of discrimination, it was clear at that period that the one that would take centre stage, at first, would be in relation to sex. In this respect, the adoption of the Convention in 1958 was not a favour granted to women. The terrible episode of the Second World War had shown very clearly that women, who had played a broad role in the war effort, were as productive as men. The myth that claimed the opposite and assigned a subsidiary role to women had been broken. Sixty-one years have passed since them, but we still have to deplore that phenomena of discrimination persist to varying degrees in practically all the countries of the world. Today, we have the opportunity to examine the situation in this regard in Tajikistan.

The comments of the Committee of Experts on the Convention indicate that legislative provisions prohibiting discrimination have been adopted in the country. The legislation appears to be sufficiently broad to include cases of discrimination that arise in the field of employment and to promote equality between men and women. In the information communicated by the Government to the Committee of Experts, reference is made to the establishment of an institution entitled the Committee for Women’s and Family Affairs (CWFA). This is the central authority with responsibility for the implementation of the national policy to protect and ensure the rights and interests of women and their families. On the one hand, the name of this body raises an issue. It appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. On the other, as noted by the Committee of Experts, the Government has not provided any information on the activities of this Committee or on the number of complaints that it has to deal with.

We should recall that Article 2 of the Convention provides that: “Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.” It is not only therefore necessary to draft laws, but also and in particular to implement specific policies to eliminate all forms of discrimination. As indicated by the Committee of Experts: “Effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values.” It is indispensable to give effect to these principles and to make them a tangible reality. The Government has provided certain data and information intended to show that there have been improvements. In this regard, it is not contested that the country is experiencing change in this field, in the same way as other countries in the region. It is nevertheless necessary to ensure that the provisions adopted are effective and accessible to women. The action to be taken cannot merely be limited to promotional measures and awareness-raising, but include in particular a structural modification of the underlying values that treat women as an exogenous category.

Employer members – The Employers’ group would like to take this opportunity to also thank the representative of the Government of Tajikistan for the information provided. We also appreciate the Government’s commitment to, in future, bring along and work with its social partners.

Tajikistan joined the ILO in 1993 and has ratified in total 50 Conventions, including all fundamental Conventions and 39 technical Conventions. Tajikistan ratified Convention No. 111 in 1993 and today is the first time that this Committee is examining the case. We note that the Committee of Experts has made observations three times in the past, in 2010, 2014 and 2016 on the same issue. We take note of Tajikistan’s cooperation with the ILO in the past, framed in three Decent Work Country Programmes, namely 2007–10, 2011–13, 2015–17. We also note that a new Decent Work Country Programme has, in principle, been agreed upon for 2019–23, with signature scheduled for August 2019. The three priorities of the Programme are: (1) ensuring inclusive economic growth by creating decent jobs and strengthening labour market institutions; (2) improving working conditions and enhancing the coverage of social protection for women and men; and (3) strengthening capacities of tripartite constituents and social dialogue institutions to address priority labour issues.

Turning now to the experts’ observations, we note the following issue of compliance in law and practice, being “Equality of opportunity and treatment between men and women: Legislative developments”. The main issue concerns Article 2 of the Convention which requires that ratified member States undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee of Experts noted again that the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights No. 89 of 1 March 2005, in short the Law on State Guarantees of 2005, contains a number of provisions prohibiting discrimination based on gender in all spheres, including in employment, and promoting the principle of equal opportunities for men and women. The Committee of Experts has requested the Government on several occasions to provide information on its implementation of the law in practice.

We note that the Government indicated in its report requested in the past, that Government Decree No. 608 of December 2006 approved the Regulation on the Committee for Women’s and Family Affairs (CWFA), which is the central authority responsible for the implementation of state policy to protect and provide for the rights and interests of women and families. However, the Government fails to provide any information on the activities of the CWFA to implement the Law on State Guarantees of 2005, as well as any information on the manner in which violations of this Law are dealt with.

The Convention provides the necessary tools to eliminate discrimination in all aspects of work. The Employers believe that discrimination at work is not only a violation of a human right, but it also hinders the development of workers and the utilization of their full potential on the labour market. We fully agree with the Committee of Experts that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective and that to respond effectively to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures, such as proactive measures designed to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values.

So, we therefore urge the Government to provide, without any delay, information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, such as for example, through the development of codes, tools and guides or affirmative action measures, including on the manner in which violations of its provisions are being addressed by the CWFA, the labour inspectorate or the courts.

Government member, Romania – I am speaking on behalf of the European Union (EU) and its Member States. The candidate countries, the Republic of North Macedonia, Montenegro and Albania as well as the EFTA country Norway, member of the European Economic Area, align themselves with this statement. We would like to start by expressing disappointment that the delegation of Tajikistan is not tripartite as it is essential to meaningful social dialogue at this Committee.

The EU and its Member States are committed to the promotion, protection and respect of human rights and labour rights, as safeguarded by the fundamental ILO Conventions and other human rights instruments. We support the indispensable role played by the ILO in developing, promoting and supervising the application of international labour standards and of fundamental Conventions in particular. The EU and its Member States are also committed to the promotion of universal ratification, effective implementation and enforcement of the core labour standards. The prohibition of discrimination is one of the most important principles of international human rights law. In the European Union’s founding treaties, in the Charter of Fundamental Rights of the European Union, and in the European Convention on Human Rights, the prohibition of discrimination is a core principle. ILO Convention No. 111 is founded on the same principle. The EU and its Member States are long-term partners of Tajikistan, with relations guided by the bilateral Partnership and Cooperation Agreement which came into force in 2010 and the Joint Communication on the new EU Strategy on Central Asia, which was adopted on 15 May 2019. The new Strategy reaffirms the crucial importance of continuing a meaningful dialogue on good governance, the rule of law and human rights. The EU also welcomes Tajikistan’s steps towards becoming a GSP+ beneficiary, which would imply even stronger commitment to implementation of ILO fundamental Conventions.

With regard to the implementation of Convention No. 111, we share the Committee’s observations recognizing that key pieces of legislation, and in particular the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights No. 89 of March 2005 (Law on State Guarantees of 2005), contain a number of provisions prohibiting discrimination based on gender in all spheres, including in employment, and promoting the principles of equal opportunities for men and women. However, we note with regret that the Government did not provide information about its implementation in practice. Similarly, information on the activities of the Committee for Women’s and Family Affairs approved by Government Decree No. 608 in December 2006 to implement the state policy to protect and provide for the rights and interests of women and families, including to implement the Law on State Guarantees of 2005, is not provided; neither is the information on how violations of this Law are dealt with.

We appeal to the Government to provide information on the implementation of the anti-discrimination laws in practice, including on the manner in which violations of its provisions are being addressed by the Committee for Women’s and Family Affairs, the labour inspectorate and the courts. In line with the Committee’s recommendations, we also advise the Government to strive towards achieving the objectives of Convention No. 111 in its entirety, and while legislative measures are important, they need to be complemented with a number of differentiated measures, such as proactive measures designed to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal norms.

The EU and its Member States will continue to support the Government of Tajikistan in this endeavour, as proven by the recent 7th Cooperation Committee meeting held on 7 June in Dushanbe.

Employer member, Argentina – We wish to take the floor to support the concerns expressed by the Employers on this case. We agree with the Committee of Experts that, although legislative measures are important to give effect to the principles of the Convention, they are not sufficient to achieve its objectives. It is necessary for each country to adopt a policy and specific measures in response to the complex realities and variety of ways in which discrimination occurs in each region. Measures have to be designed to have an impact on the underlying causes of discrimination and structural inequality, which are often deeply entrenched in traditional and societal values.

In this respect, it is essential for Governments to comply with their obligations to provide constant reports within the time limits and to reply to the direct requests received through the provision of detailed and relevant information. The failure of Governments to provide information is prejudicial to the capacity of the Office and the Committee of Experts to analyse in depth the situation with regard to compliance with international labour standards. This Organization is based on the commitment undertaken by Governments through the ratification of Conventions and requires their cooperation for the proper functioning of the supervisory system and the achievement of the objectives and values that it guarantees. For this reason, we note with concern the absence of a tripartite delegation duly accredited to this 108th Session of the International Labour Conference.

Combating discrimination in the world of work is a fundamental policy that reflects the commitment of a nation to human rights. But it is also a contribution to the vocational development of workers and the growth of enterprises. In short, it contributes to the economic development of a country. Governments that work to strengthen diversity in the labour market, and which ensure freedom and equality of association and participation in workers’ and employers’ associations, without discrimination on grounds of gender or of any other nature, are working to reduce conflict and to extend rights. But there are also improvements related to the attraction and retention of talent, the profitability and productivity of enterprises and, finally, the growth of the gross domestic product at the national level.

We therefore hope that this Committee will urge the Government of Tajikistan to comply by sending without delay information on the measures taken for the implementation of the standards that have been adopted, to ensure compliance with the Convention and, particularly, on the manner in which violations of those provisions are dealt with, and the content and scope of the penalties, if they exist.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. The Republic of Tajikistan is discussed due to discrimination and that the Government of the country has once again failed to report on a number of issues which have been raised earlier such as: measures on sexual harassment at work in civil and in the labour law; how steps are taken to prohibit discrimination on all grounds, including colour and social origin; and access of women to education, employment and occupation. I would like to remind the Government of Tajikistan that Convention No. 111 in terms of discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The Convention also includes access to vocational training and terms and conditions of employment. According to our information there is still a very low number of women in various levels of education and training courses. The Government should therefore take specific measures to improve women’s and girls’ educational opportunities.

According to the Committee on the Elimination of Discrimination against Women’s (CEDAW) report in 2018, the participation in the working life for women remains low – only around 32.6 per cent. Around 80 per cent of women are working in the agricultural sector – only 12 per cent of private farms were run by women. The CEDAW also expressed concern of adverse cultural norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society. We urge the Government to improve the access of rural women to employment and to address prevailing stereotypes on the role of women. As far as we are aware, hardly any concrete measures have been taken to improve the situation.

As to sexual harassment, we are aware that there is a provision of this in the criminal code. However, it is not sufficient to only address sexual harassment through criminal proceedings. As we are all aware, sexual harassment is a sensitive issue. It is therefore necessary to take effective measures to prevent and prohibit sexual harassment at work, in civil and labour law.

We urge the Government of Tajikistan to take its obligations in the ILO seriously, comply with the Convention and provide the information requested by the Committee of Experts urgently.

Government representative – The Constitution and the laws of Tajikistan do enshrine prohibition of discrimination and preventing it is a major concern for our Government. The Labour Code of the Republic of Tajikistan, the Taxation Code, as well as our laws on social protection, offer protection to those who need it. Any restrictions on being hired for work are prohibited in our Constitution and we offer men and women equal pay for work of equal value. We will take into account all the comments which have been made by the distinguished experts and we can assure you that in the very near future the Republic of Tajikistan will provide additional information on these matters.

Employer members – We have noted the information that the Government has shared about measures taken to uplift women in various sectors in Tajikistan, including the National Strategy to Enhance the Role of Women that will run until 2020, a training given to women to start their own businesses, etc. However, we also appreciate the Government’s candid admission that discrimination still exists in Tajikistan.

The Employers wish to underscore the importance of Convention No. 111 in the world of work. We believe that discrimination at work is not only a violation of a human right, as we previously said, but it also hinders the development of workers and the utilization of their full potential. We urge the Government to provide, without any further delay, information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights. The proper functioning of this Committee and the entire ILO supervisory mechanism depends largely on available information. In this regard, we stress the importance of compliance with the reporting and other standards-related obligations of governments. Failure by the Government of Tajikistan to provide information previously requested by the experts on the way the Convention applies in practice impede meaningful supervision of the ILO legal standards. We accordingly call upon the Government to strengthen its commitment and cooperation with the ILO supervisory system.

Worker members – We thank the Government for the explanations provided during this discussion. In our introductory remarks, we recalled the importance of unfailing action to combat all phenomena of discrimination suffered by women in Tajikistan. This is a fundamental principle of our Organization. Indeed, the fact of being a Member of this Organization implies making this issue a central plank of national policy. The Workers’ group therefore insists on the importance of action to combat discrimination, not only at the legislative level, but particularly in practice. We therefore invite the Government to provide the Committee of Experts with data and information on the effectiveness of the rules adopted so that it can examine them at its next session.

Conclusions of the Committee

The Committee took note of the oral statement made by the Government representative and the discussion that followed.

The Committee took note of the Government’s statement to ensure compliance with Convention No. 111.

Taking into account the discussion, the Committee calls upon the Government to:

- report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and

- provide without delay information on the implementation in practice of the framework law on state guarantees of equal rights for men and women and equal opportunities in the exercise of such rights, No. 89 of 1 March 2005.

The Committee requests the Government to elaborate in consultation with the most representative workers’ and employers’ organizations and submit a report to the Committee of Experts by 1 September 2019.

Government representative – I would like to express my appreciation to all the participants who intervened before this Committee to clarify the situation and look forward to further fruitful cooperation.

CMNT_TITLE

Previous comment

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the adoption of the Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination, applying to both the public and private sectors, under which sexual harassment is defined as “any form of malicious, improper, verbal, non-verbal or physical sexual conduct, which is directed at, or constitutes an affront to, a person’s honour and dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for the person” (section 6). While noting with interest the introduction of legislation prohibiting and protecting against sexual harassment, the Committee observes that the definition of sexual harassment under the Act does not include an explicit prohibition of quid pro quo sexual harassment. The Committee recalls that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment. It further recalls that quid pro quo sexual harassment includes any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of a person, 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’s job. (see 2023 General Survey “Achieving Gender Equality at Work”, paragraphs 112 and 113). The Committee also notes the information provided by the Government that a document entitled “Review and analysis of legislation and policies of Tajikistan affecting sexual and gender-based violence against women and girls, and their compliance with international standards. Conclusions and recommendations” provided recommendations for developing and improving the national legislative and regulatory framework related to the implementation of sexual and gender-based violence-related legislation and policies. The Committee asks the Government to: (i) consider including a comprehensive definition and an explicit prohibition of quid pro quo sexual harassment, when amending Act No. 1890 of 19 July 2022, and provide information in this regard ; and (ii) take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations as well as enforcement officials. The Committee asks the Government to provide detailed information on: (i) any measures taken in this regard; and (ii) the conclusions and recommendations of the Review and analysis of legislation and policies related to sexual and gender-based violence against women.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. The Committee recalls the list of 336 occupations where women’s employment is prohibited, under section 216 of the Labour Code, pursuant to Government Decision No. 179 of 4 April 2017. It considers that 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. Lists of types of work or occupations prohibited because of the danger they pose to health, including reproductive health, should be determined on the basis of an assessment based on scientific evidence and progress, as well as technological developments, showing that there are specific risks to the health of women and, if applicable, of men. Restrictions to employment beyond maternity protection in the strict sense are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures to protect the health of men and women (2023 General Survey, paragraph 86). In this regard, the Committee welcomes the Government’s indication that: (1) the list of occupations prohibited for women is a legacy from the past, and its reduction will support the national economy, and enable many women to find work they like and fulfil themselves professionally; (2) the Ministry of Labour, Migration and Employment (MLME) has initiated the establishment of an inter-agency working group of representatives of sectoral ministries and agencies, in certain sectors in which women are prohibited from working, to examine each occupation in order to determine, on the basis of risk assessment results, whether or not there are specific risks to women’s health and/or safety, in cooperation with trade unions and employers’ associations and the academic community; and (3) the MLME officially announced the planned revision of the list on 10 March 2023 and requested the working group’s technical support; and (4) full support has been expressed and consultations are currently ongoing with UN Women in the country. The Committee asks the Government to ensure that, in the context of the revision of the list in Government Decision No. 179 of 4 April 2017, protective measures are limited to maternity protection in the strict sense and/or are based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee notes the examples provided relating to “inherent requirements” as envisaged under section 7(2) of the Labour Code, in relation to age, citizenship, and having not committed a crime. With regard to special measures of protection and assistance, the Committee notes that the newly adopted Act No. 1890 of 19 July 2022 provides for: (1) temporary measures that are not considered discrimination, provided that as a result of the implementation of such measures, special rights are not granted to different groups of persons and that they are carried out for legitimate purposes and in a reasonable proportion between the means used and the objectives set with regard to vulnerable groups and requirements for citizenship (section1.3); and (2) positive measures that are temporary special legislative, administrative and practical measures aimed at protecting persons who are disadvantaged compared to other persons in order to eliminate past disadvantages and ensure the achievement of full equality (section 11). The Committee asks the Government to provide examples of: (i) jobs for which there are inherent requirements that would not be considered discriminatory, including any administrative or judicial decisions in this regard; and (ii) special and temporary measures adopted pursuant to section 1.3 and positive measures adopted pursuant to section 11 of Act No. 1890 of 19 July 2022.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous report, the Government indicated that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it would examine the question of revising the legislation in this regard. The Committee notes that the Government has not provided any information on this point and therefore reiterates its request to the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls the Governments statement in its past report that, in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights, and for this reason it does not consider it necessary to amend the Law on Civil Service. In the context of the proposed harmonization of legislation with the newly adopted Act No. 1890 of 19 July 2022, and to ensure all civil servants have effective access to enforcement mechanisms and full legal clarity, the Government asks the Government to consider amending the Law on Civil Service to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service, including on any cases of discrimination brought to the relevant authorities by civil servants.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls the conclusions of the Committee on the Application of Standards of the International Labour Conference, at its 108th Session (June 2019), calling upon the Government to provide without delay information on the implementation in practice of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights (No. 89 of 1 March 2005). The Committee notes the Government’s indication that: (1) in March 2023, a round table of the Alliance of Women Parliamentarians of Tajikistan was held to discuss the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of Such Rights; and (2) the Alliance will hold parliamentary hearings on the implementation of laws and regulations relating to gender equality, including the results of the round table to share feedback and challenges identified. The Committee asks the Government to provide information on the outcome of such hearings, in particular regarding the implementation of Act No. 89 of 2005 as well as any results of positive measures taken to improve women’s access to employment.

Civil Service. The Committee notes the Government’s indication that a Presidential Decree on Amendments and Additions to Presidential Decree No. 647 of 10 March 2016 was signed on 19 April 2017 (No. 869) according to which the Regulations on the Procedure for Competitive Recruitment for Vacant Administrative Positions in the Civil Service provides benefits for women, and adds three additional points upon their first appointment to the civil service. It further notes that: (1) 18,701 people are employed as civil servants and there are 2,977 vacant positions, while the number of women is 4,518, or 24.2 per cent of the total number of active civil servants; and (2) this number has changed less than one per cent since 2015. The Committee asks the Government to provide information about further measures adopted to increase the participation of women in the civil service at all levels and the results achieved to that end. It further requests the Government to provide detailed and updated information on the labour force participation in the civil service, disaggregated by sex and occupational level.

Promoting access of girls and women to vocational education and training. The Committee notes from the Government’s report that: (1) it has adopted a policy of accelerating gender equality through education through a National Programme for Human Rights Education; and (2) quotas continue to be granted for girls from rural areas to enrol at institutes of higher education. It also welcomes the detailed information on : (1) the rate of women and girls enrolled in primary vocational training institutions, and in educational institutions of the Labour and Employment Agency, in short-term training courses; (2) the preferential interest-free loans for the development of self-employment the free vocational training courses, and career guidance services for women; and (3) the Programme for the Development of Handicrafts for 2021-25, which gives an opportunity to involve women and girls living in villages in training and provide them with interest-free loans For developing their traditional craftsmanship businesses. The Committee asks the Government to: (i) pursue its efforts to improve girls’ and women’s enrolment in vocational education and training at all levels and in a wider range of vocational training courses; and (ii) provide information on the results achieved.

Awareness-raising and enforcement. The Committee notes the powers the Commissioner for Human Rights, under section 13 of the newly adopted Act No. 1890 of 19 July 2022, in relation to ensuring equality and eliminating any form of discrimination. It further notes the Government’s indication that the Women’s and Family Affairs Committee (CWFA) of the Resource Centre for Gender Equality and the Prevention of Domestic Violence operates a hotline which was contacted in 2021–22, by three women in relation to discrimination in the workplace. In this regard, the Committee would like once again to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the Fundamental Conventions, paragraphs 870–71). Regarding awareness-raising, the Committee notes the information provided by the Government that: (1) it is envisaged that in the fall of 2023, the Alliance of Women Parliamentarians will hold parliamentary hearings on the implementation of laws and regulations related to gender equality; (2) the topics of domestic violence and discrimination against women have been has been introduced as part of the training curriculum in State primary vocational education institutions, and for managerial and engineering and teaching staff of primary vocational education institutions at the State Centre for Advanced Training and Retraining of Labour, Migration and Employment Personnel. The Committee asks the Government to provide information on: (i) any specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation; (ii) the number of inspections carried out and violations detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case; and (iii) the activities of the CWFA and the Commissioner for Human Rights concerning the handling of complaints of discrimination in employment and occupation. The Committee also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

CMNT_TITLE

Previous comment

Article 1 of the Convention. Protection against discrimination. Legislative developments. The Committee recalls the conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference at its 108th Session (June 2019), calling upon the Government to report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice. The Committee notes the adoption of the Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination. It notes with interest that, pursuant to this Act: (1) the definition of discrimination in section 1.1 includes (by way of article 5) both direct and indirect discrimination, the latter being defined as “rules and principles and (or) practices that are apparently harmless, but have serious disproportionate consequences, which put a person in a disadvantageous situation compared to other persons in similar conditions due to any of the factors provided for” in section 1.1 of this Act; (2) “skin colour” and “origin” are now included in the list of prohibited grounds of discrimination (section 1.1); and (3) all State structures, self-governing bodies of towns and villages, officials, natural and legal persons, regardless of their organizational and legal form and direction of activity are covered (section 3). It further notes the Government’s indication that: (1) work is underway to harmonize the national legislation with Act No. 1890 of 19 July 2022 through the creation of an interdepartmental working group consisting of representatives of the Executive Office of the President, the Ministry of Justice, the Prosecutor General’s Office, the Committee for Women and Family Affairs (CWFA) and the Commissioner for Human Rights; and (2) a working group for the implementation of the Act was also created under the Commissioner for Human Rights. With respect to the civil service, the Committee recalls that the notion of “social status” in the Civil Service Act is narrower than the notion of “social origin” set out by the Convention. The Committee asks the Government to: (i) take measures to raise awareness of the provisions of Act No. 1890 of 19 July 2022 among public and private employers, workers and enforcement officials, including through the above working group; and (2) provide information on its implementation in practice, including examples of complaints or cases dealt with by the Courts, the CWFA or the Commissioner for Human Rights concerning indirect discrimination and their outcome (ground(s) invoked, sanctions applied and compensation granted). It also asks the Government to clarify whether the term “origin” in section 1.1 of Act No. 1890 of 19 July 2022 encompasses the concept of “social origin” as set out in Article 1(1)(a) of the Convention. It also asks the Government to take the opportunity of the planned legislative harmonization of national legislation to: (i) take steps to amend section 7 of the Labour Code and the Civil Service Act to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination; and (ii) more generally, consider harmonizing the anti-discrimination provisions of the Civil Service Act with the provisions of Act No. 1890 of 2022. The Committee asks the Government to provide information on the progress achieved to this end.

Article 2. National equality policy. The Committee notes with interest that, under section 12 of Act No. 1890 of 19 July 2022, in order to ensure equality and eliminate all forms of discrimination, the Government has the power to ensure the development and promotion of a unified state anti-discrimination policy. In this regard, the Committee recalls that, in previous comments, the International Trade Union Confederation (ITUC) emphasized the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee asks the Government to take steps to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing all the grounds protected by the Convention, namely sex, race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention and envisioned under Act No. 1890 of 19 July 2022 (section 12).

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

CMNT_TITLE

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

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground of “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. It also welcomes the Government’s indication, in its additional information, according to which working groups are discussing possible amendments to the legislation with a view to including the prohibition of discrimination against “skin colour” in article 7(2) of the Labour Code. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a)of the Convention.The Committee therefore asks the Government to take the opportunity to amend section 7 of the Labour Code to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It also asks the Government to take the necessary steps to amend section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin”, in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors. It asks the Government to provide information on the progress achieved to this end.

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

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. In its supplementary information, the Government also mentions the adoption of the Free Legal Aid Act (2020), which ensures that free legal aid is available to people from all walks of life, including the victims of sexual harassment, regardless of their gender. While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791).The Committee therefore asks the Government to include in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide information in this regard. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee notes, from the supplementary information, that while the Government indicates that it is devoting every effort to achieving a transition from its frequently defensive approach to women’s employment, to an approach geared to the encouragement of gender equality and the elimination of discriminatory laws and practices, it also states that it considers the prohibition of employment of women in unsafe, underground and hazardous working conditions as a fundamental principle. In this regard, the Government indicates that the list of occupations where women’s employment is prohibited, under section 216 of the Labour Code is contained in the Government Decision No. 179 of 4 April 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

The Committee draws the Government’s attention to the major shift that has occurred over time to move 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. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that 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. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that 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 the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (3 years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing. The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government to provide a copy of the Government Decision No. 179 of 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the General Survey of 2012, paragraphs 827–831). Special measures of protection and assistance, under Article 5of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the General Survey of 2012, paragraphs 836–837).Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In its additional information, the Government indicates that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it will examine the question of revising the legislation in this regard.The Committee therefore asks the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls that in its previous comments it noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. It notes, from the additional information, the Government’s statement that in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights. The Government also refers to sections 34–41 of the Law on Civil Service which provide that civil servants enjoy the protection of all labour rights including in relation to working hours, wages, leave and social benefits, and declares that, for these reasons, it does not consider it necessary to amend the Law on Civil Service.Noting that section 7(1) of the Labour Code does not cover all areas of employment, the Committee asks the Government to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service No. 223 of 5 March 2007, for example on any cases of discrimination in employment or occupation brought to the relevant authorities by civil servants.

Article 2. National equality policy with respect to grounds other than sex.Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training. The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention.The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes the ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. In its supplementary information, the Government indicates that, in the reporting period, the law enforcement agencies did not find a single case involving a breach of the non-discrimination principle in the labour and employment sphere, and neither did the competent national bodies receive any complaint citing labour discrimination. The Committee also notes the Government’s general indication that the competent national bodies regularly conduct educational programmes to improve public understanding of the application of the non-discrimination laws. In this regard, the Committee would like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870).The Committee therefore asks the Government to identify the specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to continue to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the Committee for Women’s and Family Affairs (CWFA) concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

CMNT_TITLE

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

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 108th Session, June 2019)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (1) report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and (2) provide without delay information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (Law on State Guarantees of 2005).

The Committee welcomes the detailed information provided by the Government in its report regarding the legislative framework and the policies and programmes developed and implemented with respect to equality of opportunity and treatment between men and women. The Committee notes, in particular, that the Government acknowledges that gender equality cannot be achieved if laws and policies are not implemented in practice and indirect discrimination persists. The Government adds that in order to detect indirect discrimination the country’s legislation in this area needs to be improved and the first priority is to amend the national legislation. It also indicates that to improve policy to ensure de facto gender equality, the National Development Strategy for 2030 provides for the following measures: (1) improving legislation in order to realize the State guarantees of creating equal opportunities for women and men; (2) developing institutional mechanisms to introduce national and international obligations to ensure gender equality and expand women’s opportunities in sectoral policies; (3) activating mechanisms for the literacy and social inclusion of women, including rural women; (4) boosting the gender capacity and gender sensitivity of staff members at agencies in all branches of government; and (5) introducing gender budgeting setting in the budget process. The Committee welcomes the Government’s indication that, with a view to achieving de facto gender equality, a working group on the improvement of laws and regulations to eradicate gender stereotypes, protect women’s rights and prevent domestic violence has made proposals on introducing the concepts of direct and indirect discrimination, temporary measures, and compulsory gender analysis of laws. As regards the Law on State Guarantees of 2005, the Committee notes that in 2018, the Committee for Women’s and Family Affairs (CWFA) monitored its implementation, by collecting and analysing data from central ministries and agencies, and selected local executive authorities. The Government further states that a report, which includes an analysis of the implementation of the law’s articles, and conclusions and recommendations to improve its monitoring and implementation, was prepared in this regard.

The Committee notes from ITUC’s observations that it regrets the lack of concrete information provided by the Government to the supervisory bodies, which would enable a more comprehensive assessment of the situation in the country. It further notes that ITUC emphasizes the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee notes ITUC’s statement that the very name of the body responsible for the implementation of the national policy to protect and ensure the rights and interests of women and their families, the “Committee for Women’s and Family Affairs”, raises an issue because it appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. In this regard, the Committee notes the Government’s indication that, with the aim of eradicating stereotypes about the roles and duties of women and men in the family and society, and to boost awareness of and ensure equal rights and opportunities for men and women, a range of measures were implemented for different sections of society and the possibilities of the mass media are widely used. More than 200 programmes on understanding the importance of ensuring equal rights and opportunities for men and women were prepared and broadcasted by the members of the CWFA. In its supplementary information, the Government also indicates that it is taking every measure to root out gender discrimination against women based on stereotyped ideas of their capabilities and role in society, which contradict the Convention and hinder women’s recruitment and employment.

The Committee notes the Government’s statement that expanding economic opportunities for women and their competitiveness in the labour market, and the development of their entrepreneurial activities play a key role in ensuring gender equality. In this regard, it notes the detailed information regarding measures adopted to support the development of women entrepreneurship, through the allocation of grants, access to microcredit and an inter-agency working group to support women’s entrepreneurship operating under the State Committee for State Property Investment and Management. The Government also indicates that further to the adoption of concluding observations in 2018 by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/TJK/CO/6, 14 November 2018, paragraph 37), it has formulated, through broad discussions with the civil society, and adopted in May 2019, a National Plan of Action to Implement the Recommendations of the CEDAW 2019–22. In this regard, the Committee notes that the CEDAW, while welcoming the measures taken to support women entrepreneurs and to regulate domestic work and work from home, expressed concern inter alia about the following: (1) the concentration of women in the informal sector and in low-paying jobs in the healthcare, education and agriculture sectors; (2) the low level of participation of women in the labour market (32.6 per cent) and the low employment rate among women (40.5 per cent), compared with men (59.5 per cent); (3) the absence of social security coverage, the shortage of preschool facilities and family responsibilities non compatible with paid work, which make women particularly prone to unemployment; (4) the adoption in 2017 of the list of occupations for which the employment of women is prohibited; and (5) the lack of access to employment for women with a reduced capacity for competitiveness, such as women with disabilities, mothers with several children, women heads of single-parent families, pregnant women and women who have been left behind by male migrants.

With respect to the employment of women in the civil service, the Committee welcomes the various steps taken by the Government. It notes the indication that, as at 1 July 2019, there were 18,835 active civil servants in total (19,119 as at 1 January 2019), including 4,432 women, which represented 23.5 per cent of civil servants (4,441 or 23.2 per cent as at 1 January 2019). In leadership positions, there were 5,676 persons representing 30.1 per cent of all civil servants and 1,044 of them were women (18.4 per cent in such positions). The Committee further notes, from the Government’s additional information, that as at 1 April 2020, women represented 23.7 per cent of civil servants, and 19.1 per cent of leadership positions. With a view to promoting gender equality in the civil service, the Government adds that the Civil Service Agency (CSA) together with all State bodies is taking appropriate steps to recruit women to the civil service at all levels of public administration. The Committee notes the Government’s indication that, in the first half of 2019, the CSA together with the Institute for State Administration held 24 professional training courses for civil servants, including four retraining and 20 professional development courses, which were attended by 977 persons – 236, or 24.1 per cent, of whom were women. In line with the requirements of State statistical report form No. 1-GS, “Report on the quantitative and qualitative composition of civil service”, the CSA also conducts quarterly monitoring and draws up statistical reports on the number of civil servants, including women, the results of which are transmitted to the appropriate State bodies and discussed at board meetings for the necessary steps to be taken. The Government also mentions positive measures adopted to promote the employment of women in the civil service, through the implementation, since 2017, of the State Programme on the Development, Selection and Placement of Gifted Women and Girls as Leading Cadres of Tajikistan 2017–2022; the establishment of incentives and quotas for women; and, on first appointment to the civil service, the granting of three additional steps on the grading scale, pursuant to Presidential Decree No. 869 adopted in 2017. According to the Government, as a result of implementing those measures, 36 women were recruited to various civil service positions in the first half of 2019.

Welcoming the positive developments regarding the promotion of gender equality in employment and occupation both in the private and the public sectors, the Committee asks the Government to pursue its efforts to foster equality opportunity and treatment between men and women in employment and occupation and, in particular, to take appropriate steps, including through amending legislation, to address indirect discrimination and occupational gender segregation. The Committee asks the Government to provide information on the content, conclusions and recommendations of the report prepared to analyse the implementation of the Law No. 89 on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights of 2005, as well as on any follow-up measures taken in this regard. The Committee also asks the Government to continue to provide detailed information on the situation of men and women in employment and occupation, both in the private and public sectors, as well as on the results of any positive measures taken to improve women’s access to employment, and their results. Noting that the Government’s report does not contain any information on any concrete measures taken, and their results, to address direct and indirect discrimination based on grounds other than sex, the Committee asks the Government to provide such information in its next report.

The Committee is raising other matters 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 near future.

CMNT_TITLE

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

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground of “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. It also welcomes the Government’s indication, in its additional information, according to which working groups are discussing possible amendments to the legislation with a view to including the prohibition of discrimination against “skin colour” in article 7(2) of the Labour Code. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee therefore asks the Government to take the opportunity to amend section 7 of the Labour Code to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It also asks the Government to take the necessary steps to amend section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin”, in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors. It asks the Government to provide information on the progress achieved to this end.

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

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. In its supplementary information, the Government also mentions the adoption of the Free Legal Aid Act (2020), which ensures that free legal aid is available to people from all walks of life, including the victims of sexual harassment, regardless of their gender.While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791). The Committee therefore asks the Government to include in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide information in this regard. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee notes, from the supplementary information, that while the Government indicates that it is devoting every effort to achieving a transition from its frequently defensive approach to women’s employment, to an approach geared to the encouragement of gender equality and the elimination of discriminatory laws and practices, it also states that it considers the prohibition of employment of women in unsafe, underground and hazardous working conditions as a fundamental principle. In this regard, the Government indicates that the list of occupations where women’s employment is prohibited, under section 216 of the Labour Code is contained in the Government Decision No. 179 of 4 April 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

The Committee draws the Government’s attention to the major shift that has occurred over time to move 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. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that 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. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that 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 the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (3 years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing.  The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government to provide a copy of the Government Decision No. 179 of 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the General Survey of 2012, paragraphs 827–831). Special measures of protection and assistance, under Article 5 of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the General Survey of 2012, paragraphs 836–837). Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In its additional information, the Government indicates that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it will examine the question of revising the legislation in this regard. The Committee therefore asks the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls that in its previous comments it noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. It notes, from the additional information, the Government’s statement that in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights. The Government also refers to sections 34–41 of the Law on Civil Service which provide that civil servants enjoy the protection of all labour rights including in relation to working hours, wages, leave and social benefits, and declares that, for these reasons, it does not consider it necessary to amend the Law on Civil Service. Noting that section 7(1) of the Labour Code does not cover all areas of employment, the Committee asks the Government to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service No. 223 of 5 March 2007, for example on any cases of discrimination in employment or occupation brought to the relevant authorities by civil servants.

Article 2. National equality policy with respect to grounds other than sex. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training.  The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes the ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. In its supplementary information, the Government indicates that, in the reporting period, the law enforcement agencies did not find a single case involving a breach of the non-discrimination principle in the labour and employment sphere, and neither did the competent national bodies receive any complaint citing labour discrimination. The Committee also notes the Government’s general indication that the competent national bodies regularly conduct educational programmes to improve public understanding of the application of the non-discrimination laws. In this regard, the Committee would like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870). The Committee therefore asks the Government to identify the specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to continue to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the Committee for Women’s and Family Affairs (CWFA) concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

CMNT_TITLE

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

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (1) report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and (2) provide without delay information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (Law on State Guarantees of 2005).

The Committee welcomes the detailed information provided by the Government in its report regarding the legislative framework and the policies and programmes developed and implemented with respect to equality of opportunity and treatment between men and women. The Committee notes, in particular, that the Government acknowledges that gender equality cannot be achieved if laws and policies are not implemented in practice and indirect discrimination persists. The Government adds that in order to detect indirect discrimination the country’s legislation in this area needs to be improved and the first priority is to amend the national legislation. It also indicates that to improve policy to ensure de facto gender equality, the National Development Strategy for 2030 provides for the following measures: (1) improving legislation in order to realize the State guarantees of creating equal opportunities for women and men; (2) developing institutional mechanisms to introduce national and international obligations to ensure gender equality and expand women’s opportunities in sectoral policies; (3) activating mechanisms for the literacy and social inclusion of women, including rural women; (4) boosting the gender capacity and gender sensitivity of staff members at agencies in all branches of government; and (5) introducing gender budgeting setting in the budget process. The Committee welcomes the Government’s indication that, with a view to achieving de facto gender equality, a working group on the improvement of laws and regulations to eradicate gender stereotypes, protect women’s rights and prevent domestic violence has made proposals on introducing the concepts of direct and indirect discrimination, temporary measures, and compulsory gender analysis of laws. As regards the Law on State Guarantees of 2005, the Committee notes that in 2018, the Committee for Women’s and Family Affairs (CWFA) monitored its implementation, by collecting and analysing data from central ministries and agencies, and selected local executive authorities. The Government further states that a report, which includes an analysis of the implementation of the law’s articles, and conclusions and recommendations to improve its monitoring and implementation, was prepared in this regard.

The Committee notes from ITUC’s observations that it regrets the lack of concrete information provided by the Government to the supervisory bodies, which would enable a more comprehensive assessment of the situation in the country. It further notes that ITUC emphasizes the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee notes ITUC’s statement that the very name of the body responsible for the implementation of the national policy to protect and ensure the rights and interests of women and their families, the “Committee for Women’s and Family Affairs”, raises an issue because it appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. In this regard, the Committee notes the Government’s indication that, with the aim of eradicating stereotypes about the roles and duties of women and men in the family and society, and to boost awareness of and ensure equal rights and opportunities for men and women, a range of measures were implemented for different sections of society and the possibilities of the mass media are widely used. More than 200 programmes on understanding the importance of ensuring equal rights and opportunities for men and women were prepared and broadcasted by the members of the CWFA. In its supplementary information, the Government also indicates that it is taking every measure to root out gender discrimination against women based on stereotyped ideas of their capabilities and role in society, which contradict the Convention and hinder women’s recruitment and employment.

The Committee notes the Government’s statement that expanding economic opportunities for women and their competitiveness in the labour market, and the development of their entrepreneurial activities play a key role in ensuring gender equality. In this regard, it notes the detailed information regarding measures adopted to support the development of women entrepreneurship, through the allocation of grants, access to microcredit and an inter-agency working group to support women’s entrepreneurship operating under the State Committee for State Property Investment and Management. The Government also indicates that further to the adoption of concluding observations in 2018 by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/TJK/CO/6, 14 November 2018, paragraph 37), it has formulated, through broad discussions with the civil society, and adopted in May 2019, a National Plan of Action to Implement the Recommendations of the CEDAW 2019–22. In this regard, the Committee notes that the CEDAW, while welcoming the measures taken to support women entrepreneurs and to regulate domestic work and work from home, expressed concern inter alia about the following: (1) the concentration of women in the informal sector and in low-paying jobs in the healthcare, education and agriculture sectors; (2) the low level of participation of women in the labour market (32.6 per cent) and the low employment rate among women (40.5 per cent), compared with men (59.5 per cent); (3) the absence of social security coverage, the shortage of preschool facilities and family responsibilities non compatible with paid work, which make women particularly prone to unemployment; (4) the adoption in 2017 of the list of occupations for which the employment of women is prohibited; and (5) the lack of access to employment for women with a reduced capacity for competitiveness, such as women with disabilities, mothers with several children, women heads of single-parent families, pregnant women and women who have been left behind by male migrants.

With respect to the employment of women in the civil service, the Committee welcomes the various steps taken by the Government. It notes the indication that, as at 1 July 2019, there were 18,835 active civil servants in total (19,119 as at 1 January 2019), including 4,432 women, which represented 23.5 per cent of civil servants (4,441 or 23.2 per cent as at 1 January 2019). In leadership positions, there were 5,676 persons representing 30.1 per cent of all civil servants and 1,044 of them were women (18.4 per cent in such positions). The Committee further notes, from the Government’s additional information, that as at 1 April 2020, women represented 23.7 per cent of civil servants, and 19.1 per cent of leadership positions. With a view to promoting gender equality in the civil service, the Government adds that the Civil Service Agency (CSA) together with all State bodies is taking appropriate steps to recruit women to the civil service at all levels of public administration. The Committee notes the Government’s indication that, in the first half of 2019, the CSA together with the Institute for State Administration held 24 professional training courses for civil servants, including four retraining and 20 professional development courses, which were attended by 977 persons – 236, or 24.1 per cent, of whom were women. In line with the requirements of State statistical report form No. 1-GS, “Report on the quantitative and qualitative composition of civil service”, the CSA also conducts quarterly monitoring and draws up statistical reports on the number of civil servants, including women, the results of which are transmitted to the appropriate State bodies and discussed at board meetings for the necessary steps to be taken. The Government also mentions positive measures adopted to promote the employment of women in the civil service, through the implementation, since 2017, of the State Programme on the Development, Selection and Placement of Gifted Women and Girls as Leading Cadres of Tajikistan 2017–2022; the establishment of incentives and quotas for women; and, on first appointment to the civil service, the granting of three additional steps on the grading scale, pursuant to Presidential Decree No. 869 adopted in 2017. According to the Government, as a result of implementing those measures, 36 women were recruited to various civil service positions in the first half of 2019.

Welcoming the positive developments regarding the promotion of gender equality in employment and occupation both in the private and the public sectors, the Committee asks the Government to pursue its efforts to foster equality opportunity and treatment between men and women in employment and occupation and, in particular, to take appropriate steps, including through amending legislation, to address indirect discrimination and occupational gender segregation. The Committee asks the Government to provide information on the content, conclusions and recommendations of the report prepared to analyse the implementation of the Law No. 89 on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights of 2005, as well as on any follow-up measures taken in this regard. The Committee also asks the Government to continue to provide detailed information on the situation of men and women in employment and occupation, both in the private and public sectors, as well as on the results of any positive measures taken to improve women’s access to employment, and their results. Noting that the Government’s report does not contain any information on any concrete measures taken, and their results, to address direct and indirect discrimination based on grounds other than sex, the Committee asks the Government to provide such information in its next report.

The Committee is raising other matters 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 near future.

CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground of “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. It also welcomes the Government’s indication, in its additional information, according to which working groups are discussing possible amendments to the legislation with a view to including the prohibition of discrimination against “skin colour” in article 7(2) of the Labour Code. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee therefore asks the Government to take the opportunity to amend section 7 of the Labour Code to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It also asks the Government to take the necessary steps to amend section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin”, in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors. It asks the Government to provide information on the progress achieved to this end.

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

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. In its supplementary information, the Government also mentions the adoption of the Free Legal Aid Act (2020), which ensures that free legal aid is available to people from all walks of life, including the victims of sexual harassment, regardless of their gender.While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791). The Committee therefore asks the Government to include in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide information in this regard. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee notes, from the supplementary information, that while the Government indicates that it is devoting every effort to achieving a transition from its frequently defensive approach to women’s employment, to an approach geared to the encouragement of gender equality and the elimination of discriminatory laws and practices, it also states that it considers the prohibition of employment of women in unsafe, underground and hazardous working conditions as a fundamental principle. In this regard, the Government indicates that the list of occupations where women’s employment is prohibited, under section 216 of the Labour Code is contained in the Government Decision No. 179 of 4 April 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

The Committee draws the Government’s attention to the major shift that has occurred over time to move 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. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that 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. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that 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 the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (3 years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing.  The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government to provide a copy of the Government Decision No. 179 of 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the General Survey of 2012, paragraphs 827–831). Special measures of protection and assistance, under Article 5 of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the General Survey of 2012, paragraphs 836–837). Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In its additional information, the Government indicates that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it will examine the question of revising the legislation in this regard. The Committee therefore asks the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls that in its previous comments it noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. It notes, from the additional information, the Government’s statement that in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights. The Government also refers to sections 34–41 of the Law on Civil Service which provide that civil servants enjoy the protection of all labour rights including in relation to working hours, wages, leave and social benefits, and declares that, for these reasons, it does not consider it necessary to amend the Law on Civil Service. Noting that section 7(1) of the Labour Code does not cover all areas of employment, the Committee asks the Government to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service No. 223 of 5 March 2007, for example on any cases of discrimination in employment or occupation brought to the relevant authorities by civil servants.

Article 2. National equality policy with respect to grounds other than sex. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training.  The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes the ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. In its supplementary information, the Government indicates that, in the reporting period, the law enforcement agencies did not find a single case involving a breach of the non-discrimination principle in the labour and employment sphere, and neither did the competent national bodies receive any complaint citing labour discrimination. The Committee also notes the Government’s general indication that the competent national bodies regularly conduct educational programmes to improve public understanding of the application of the non-discrimination laws. In this regard, the Committee would like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870). The Committee therefore asks the Government to identify the specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to continue to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the Committee for Women’s and Family Affairs (CWFA) concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (1) report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and (2) provide without delay information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (Law on State Guarantees of 2005).

The Committee welcomes the detailed information provided by the Government in its report regarding the legislative framework and the policies and programmes developed and implemented with respect to equality of opportunity and treatment between men and women. The Committee notes, in particular, that the Government acknowledges that gender equality cannot be achieved if laws and policies are not implemented in practice and indirect discrimination persists. The Government adds that in order to detect indirect discrimination the country’s legislation in this area needs to be improved and the first priority is to amend the national legislation. It also indicates that to improve policy to ensure de facto gender equality, the National Development Strategy for 2030 provides for the following measures: (1) improving legislation in order to realize the State guarantees of creating equal opportunities for women and men; (2) developing institutional mechanisms to introduce national and international obligations to ensure gender equality and expand women’s opportunities in sectoral policies; (3) activating mechanisms for the literacy and social inclusion of women, including rural women; (4) boosting the gender capacity and gender sensitivity of staff members at agencies in all branches of government; and (5) introducing gender budgeting setting in the budget process. The Committee welcomes the Government’s indication that, with a view to achieving de facto gender equality, a working group on the improvement of laws and regulations to eradicate gender stereotypes, protect women’s rights and prevent domestic violence has made proposals on introducing the concepts of direct and indirect discrimination, temporary measures, and compulsory gender analysis of laws. As regards the Law on State Guarantees of 2005, the Committee notes that in 2018, the Committee for Women’s and Family Affairs (CWFA) monitored its implementation, by collecting and analysing data from central ministries and agencies, and selected local executive authorities. The Government further states that a report, which includes an analysis of the implementation of the law’s articles, and conclusions and recommendations to improve its monitoring and implementation, was prepared in this regard.

The Committee notes from ITUC’s observations that it regrets the lack of concrete information provided by the Government to the supervisory bodies, which would enable a more comprehensive assessment of the situation in the country. It further notes that ITUC emphasizes the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee notes ITUC’s statement that the very name of the body responsible for the implementation of the national policy to protect and ensure the rights and interests of women and their families, the “Committee for Women’s and Family Affairs”, raises an issue because it appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. In this regard, the Committee notes the Government’s indication that, with the aim of eradicating stereotypes about the roles and duties of women and men in the family and society, and to boost awareness of and ensure equal rights and opportunities for men and women, a range of measures were implemented for different sections of society and the possibilities of the mass media are widely used. More than 200 programmes on understanding the importance of ensuring equal rights and opportunities for men and women were prepared and broadcasted by the members of the CWFA. In its supplementary information, the Government also indicates that it is taking every measure to root out gender discrimination against women based on stereotyped ideas of their capabilities and role in society, which contradict the Convention and hinder women’s recruitment and employment.

The Committee notes the Government’s statement that expanding economic opportunities for women and their competitiveness in the labour market, and the development of their entrepreneurial activities play a key role in ensuring gender equality. In this regard, it notes the detailed information regarding measures adopted to support the development of women entrepreneurship, through the allocation of grants, access to microcredit and an inter-agency working group to support women’s entrepreneurship operating under the State Committee for State Property Investment and Management. The Government also indicates that further to the adoption of concluding observations in 2018 by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/TJK/CO/6, 14 November 2018, paragraph 37), it has formulated, through broad discussions with the civil society, and adopted in May 2019, a National Plan of Action to Implement the Recommendations of the CEDAW 2019–22. In this regard, the Committee notes that the CEDAW, while welcoming the measures taken to support women entrepreneurs and to regulate domestic work and work from home, expressed concern inter alia about the following: (1) the concentration of women in the informal sector and in low-paying jobs in the healthcare, education and agriculture sectors; (2) the low level of participation of women in the labour market (32.6 per cent) and the low employment rate among women (40.5 per cent), compared with men (59.5 per cent); (3) the absence of social security coverage, the shortage of preschool facilities and family responsibilities non compatible with paid work, which make women particularly prone to unemployment; (4) the adoption in 2017 of the list of occupations for which the employment of women is prohibited; and (5) the lack of access to employment for women with a reduced capacity for competitiveness, such as women with disabilities, mothers with several children, women heads of single-parent families, pregnant women and women who have been left behind by male migrants.

With respect to the employment of women in the civil service, the Committee welcomes the various steps taken by the Government. It notes the indication that, as at 1 July 2019, there were 18,835 active civil servants in total (19,119 as at 1 January 2019), including 4,432 women, which represented 23.5 per cent of civil servants (4,441 or 23.2 per cent as at 1 January 2019). In leadership positions, there were 5,676 persons representing 30.1 per cent of all civil servants and 1,044 of them were women (18.4 per cent in such positions). The Committee further notes, from the Government’s additional information, that as at 1 April 2020, women represented 23.7 per cent of civil servants, and 19.1 per cent of leadership positions. With a view to promoting gender equality in the civil service, the Government adds that the Civil Service Agency (CSA) together with all State bodies is taking appropriate steps to recruit women to the civil service at all levels of public administration. The Committee notes the Government’s indication that, in the first half of 2019, the CSA together with the Institute for State Administration held 24 professional training courses for civil servants, including four retraining and 20 professional development courses, which were attended by 977 persons – 236, or 24.1 per cent, of whom were women. In line with the requirements of State statistical report form No. 1-GS, “Report on the quantitative and qualitative composition of civil service”, the CSA also conducts quarterly monitoring and draws up statistical reports on the number of civil servants, including women, the results of which are transmitted to the appropriate State bodies and discussed at board meetings for the necessary steps to be taken. The Government also mentions positive measures adopted to promote the employment of women in the civil service, through the implementation, since 2017, of the State Programme on the Development, Selection and Placement of Gifted Women and Girls as Leading Cadres of Tajikistan 2017–2022; the establishment of incentives and quotas for women; and, on first appointment to the civil service, the granting of three additional steps on the grading scale, pursuant to Presidential Decree No. 869 adopted in 2017. According to the Government, as a result of implementing those measures, 36 women were recruited to various civil service positions in the first half of 2019.

Welcoming the positive developments regarding the promotion of gender equality in employment and occupation both in the private and the public sectors, the Committee asks the Government to pursue its efforts to foster equality opportunity and treatment between men and women in employment and occupation and, in particular, to take appropriate steps, including through amending legislation, to address indirect discrimination and occupational gender segregation. The Committee asks the Government to provide information on the content, conclusions and recommendations of the report prepared to analyse the implementation of the Law No. 89 on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights of 2005, as well as on any follow-up measures taken in this regard. The Committee also asks the Government to continue to provide detailed information on the situation of men and women in employment and occupation, both in the private and public sectors, as well as on the results of any positive measures taken to improve women’s access to employment, and their results. Noting that the Government’s report does not contain any information on any concrete measures taken, and their results, to address direct and indirect discrimination based on grounds other than sex, the Committee asks the Government to provide such information in its next report.

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

CMNT_TITLE

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee therefore asks the Government to take the necessary steps to amend section 7 of the labour Code and section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin” in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors.

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

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791). The Committee therefore asks the Government to consider including in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide the Committee with information on the same. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee draws the Government’s attention to the major shift that has occurred over time to move 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. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that 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. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that 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 the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (three years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing. The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government once again to provide a copy of the list of work that women are prohibited from undertaking pursuant to section 216 of the Labour Code.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the 2012 General Survey, paragraphs 827–831). Special measures of protection and assistance, under Article 5 of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the 2012 General Survey, paragraphs 836–837). Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. Noting the Government’s statement that it also covers the “denial of employment” and taking into account the general definition of “labour relations” under section 1 (“relations that emerge between an employee and the employer”), the Committee understands that access to employment, to particular occupations and to vocational training as well as the terms and conditions of employment (working time, wages, bonuses, occupational safety and health, etc.) are covered by section 7(1). The Committee asks the Government to confirm its understanding of the scope of the prohibition of discrimination under section 7(1) of the Labour Code.

Civil service. The Committee recalls that in its previous comments it has noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. The Committee therefore asks the Government to take steps to amend the Law on Civil Service No. 223 of 5 March 2007 to ensure that civil servants are protected against discrimination not only in recruitment but also with respect to all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.).

Article 2. National equality policy with respect to grounds other than sex. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training. The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes that, despite its request, the Government’s report does not contain any information on awareness raising and on the enforcement of the non-discrimination provisions of the legislation. In this regard, it notes ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. The Committee therefore asks the Government once again to identify the measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government once again to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the CWFA concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

CMNT_TITLE

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (i) report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and (ii) provide without delay information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (Law on State Guarantees of 2005).

The Committee welcomes the detailed information provided by the Government in its report regarding the legislative framework and the policies and programmes developed and implemented with respect to equality of opportunity and treatment between men and women. The Committee notes, in particular, that the Government acknowledges that gender equality cannot be achieved if laws and policies are not implemented in practice and indirect discrimination persists. The Government adds that that in order to detect indirect discrimination the country’s legislation in this area needs to be improved and the first priority is to amend the national legislation. It also indicates that to improve policy to ensure de facto gender equality, the National Development Strategy for 2030 provides for the following measures: (i) improving legislation in order to realize the State guarantees of creating equal opportunities for women and men; (ii) developing institutional mechanisms to introduce national and international obligations to ensure gender equality and expand women’s opportunities in sectoral policies; (iii) activating mechanisms for the literacy and social inclusion of women, including rural women; (iv) boosting the gender capacity and gender sensitivity of staff members at agencies in all branches of government; and (v) introducing gender budgeting setting in the budget process. The Committee welcomes the Government’s indication that, with a view to achieving de facto gender equality, a working group on the improvement of laws and regulations to eradicate gender stereotypes, protect women’s rights and prevent domestic violence has made proposals on introducing the concepts of direct and indirect discrimination, temporary measures, and compulsory gender analysis of laws. As regards the Law on State Guarantees of 2005, the Committee notes that in 2018, the Committee for Women’s and Family Affairs (CWFA) monitored its implementation, by collecting and analysing data from central ministries and agencies, and selected local executive authorities. The Government further states that a report, which includes an analysis of the implementation of the law’s articles, and conclusions and recommendations to improve its monitoring and implementation, was prepared in this regard.

The Committee notes from ITUC’s observations that it regrets the lack of concrete information provided by the Government to the supervisory bodies, which would enable a more comprehensive assessment of the situation in the country. It further notes that ITUC emphasizes the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee notes ITUC’s statement that the very name of the body responsible for the implementation of the national policy to protect and ensure the rights and interests of women and their families, the “Committee for Women’s and Family Affairs (CWFA)”, raises an issue because it appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. In this regard, the Committee notes the Government’s indication that, with the aim of eradicating stereotypes about the roles and duties of women and men in the family and society, and to boost awareness of and ensure equal rights and opportunities for men and women, a range of measures were implemented for different sections of society and the possibilities of the mass media are widely used. More than 200 programmes on understanding the importance of ensuring equal rights and opportunities for men and women were prepared and broadcasted by the members of the CWFA.

The Committee notes the Government’s statement that expanding economic opportunities for women and their competitiveness on the labour market, and the development of their entrepreneurial activities play a key role in ensuring gender equality. In this regard, it notes the detailed information regarding measures adopted to support the development of women entrepreneurship, through the allocation of grants, access to microcredit and an inter-agency working group to support women’s entrepreneurship operating under the State Committee for State Property Investment and Management. The Government also indicates that further to the adoption of concluding observations in 2018 by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/TJK/CO/6, 14 November 2018), it has formulated, through broad discussions with the civil society, and adopted in May 2019, a National Plan of Action to Implement the Recommendations of the CEDAW 2019–22. In this regard, the Committee notes that the CEDAW, while welcoming the measures taken to support women entrepreneurs and to regulate domestic work and work from home, expressed concern inter alia about the following: (i) the concentration of women in the informal sector and in low-paying jobs in the healthcare, education and agriculture sectors; (ii) the low level of participation of women in the labour market (32.6 per cent) and the low employment rate among women (40.5 per cent), compared with men (59.5 per cent); (iii) the absence of social security coverage, the shortage of preschool facilities and conflicting family responsibilities, which make women particularly prone to unemployment; (iv) the adoption of the list of occupations for which the employment of women is prohibited, in 2017; and (v) the lack of access to employment for women with a reduced capacity for competitiveness, such as women with disabilities, mothers with several children, women heads of single-parent families, pregnant women and women who have been left behind by male migrants (CEDAW/C/TJK/CO/6, paragraph 37).

With respect to the employment of women in the civil service, the Committee welcomes the various steps taken by the Government. It notes the Government’s indication that as at 1 July 2019, there were 18,835 active civil servants in total (19,119 as at 1 January 2019), including 4,432 women, which represented 23.5 per cent of civil servants (4,441 or 23.2 per cent as at 1 January 2019). In leadership positions, there were 5,676 persons representing 30.1 per cent of all civil servants and 1,044 of them were women (18.4 per cent in such positions). With a view to promoting gender equality in the civil service, the Government adds that the Civil Service Agency (CSA) together with all State bodies is taking appropriate steps to recruit women to the civil service at all levels of government. The Committee notes the Government’s indication that, in the first half of 2019, the CSA together with the Institute for State Administration held 24 professional training courses for civil servants, including four retraining and 20 professional development courses, which were attended by 977 persons, 236, or 24.1 per cent, of whom were women. In line with the requirements of State statistical report form No. 1-GS, “Report on the quantitative and qualitative composition of civil servants”, the CSA also conducts quarterly monitoring and draws up statistical reports on the number of civil servants, including women, the results of which are transmitted to the appropriate State bodies and discussed at board meetings for the necessary steps to be taken. The Government also mentions positive measures adopted to promote the employment of women in the civil service, through the implementation, since 2017, of the State Programme on the Development, Selection and Placement of Gifted Women and Girls as Leading Cadres of Tajikistan 2017–2022; the establishment of incentives and quotas for women; and, on first appointment to the civil service, the granting of three additional steps on the grading scale, pursuant to Presidential Decree No. 869 adopted in 2017. According to the Government, as a result of implementing those measures, 36 women were recruited to various civil service positions in the first half of 2019.

Welcoming the positive developments regarding the promotion of gender equality in employment and occupation both in the private and the public sectors, the Committee asks the Government to pursue its efforts to foster equality opportunity and treatment between men and women in employment and occupation and, in particular, to take appropriate steps, including through amending legislation, to address indirect discrimination and occupational gender segregation. The Committee asks the Government to provide information on the content, conclusions and recommendations in the report prepared to analyse the implementation of the Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights No. 89 of 1 March 2005, as well as on any follow-up measures taken in this regard. The Committee also asks the Government to continue to provide detailed information on the situation of men and women in employment and occupation, both in the private and public sector, as well as on the results of any positive measures taken to improve women’s access to employment, and their results. Noting that the Government’s report does not contain any information on any concrete measures taken, and their results, to address direct and indirect discrimination based on grounds other than sex, the Committee asks the Government to provide such information in its next report.

CMNT_TITLE

The Committee notes with regret that the Government’s report once again contains no information to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. It hopes that the next report will contain full information on the matters raised below.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes the adoption of the new Labour Code of the Republic of Tajikistan dated 23 July 2016, No. 1329 (the Labour Code 2016), and notes that section 7 of the Labour Code 2016 prohibits discrimination in employment on a number of grounds, namely nationality, race, gender, language, religion, political beliefs, social status, education, and property. The Committee notes with regret that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 in the Labour Code, 2016. The Committee recalls that “social status” appears to be narrower than the term “social origin” set out in Article 1(1)(a) of the Convention. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 854). The Committee therefore requests the Government to provide information on the steps taken or envisaged to amend the legislation to prohibit discrimination on all of the grounds set out in Article 1(1)(a) of the Convention, including colour and social origin.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the measures taken to prevent and address sexual harassment at work. It notes the Government’s indication, in its report, that under section 140 of the Criminal Code, it is a criminal offence to compel another person into sexual relations, by threatening to destroy, damage or seize property, or by taking advantage of any work-related, material or other dependence of the victim. However, the Committee recalls that addressing sexual harassment only through criminal proceedings is 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 (which is often the case), 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. In this respect, the Committee considers that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey on the fundamental Conventions, paragraphs 789–794). The Committee therefore recalls its general observation highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work, in civil or labour law, such measures should address both quid pro quo and hostile environment sexual harassment. It requests the Government to provide detailed information on the measures taken in this regard.

Article 1(2). Inherent requirements. The Committee notes that section 7(2) of the new Labour Code 2016 provides that: “differences in the sphere of labour due to the inherent requirements of a particular type of labour requirements or special care of the state for persons in need of increased social protection (based on gender, age, physical disabilities, family responsibilities, social level and culture) do not constitute discrimination. The Committee requests the Government to indicate how section 7(2) of the Labour Code is applied in practice, for example by providing information on any cases in which these exceptions have been used.

Article 1(3). The Committee had previously noted that section 7 of the Labour Code prohibited discrimination in employment and requested the Government to indicate the manner in which section 7 of the Labour Code is implemented in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention. The Committee notes that section 7 of the new Labour Code 2016 continues to prohibit discrimination in employment. Noting that the Government’s report is silent on this specific point, the Committee requests the Government to confirm that the prohibition covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2. National policy with respect to grounds other than sex. The Committee requests once again the Government to provide information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Access of women to education and vocational training. The Committee recalls its previous comments, in which it requested the Government to provide information on the specific measures taken to improve women’s and girls’ educational opportunities, the results achieved, and to provide statistical information on the distribution of men and women in the various levels of education and training courses. The Committee notes the Government’s indication that there are 61 vocational technical secondary education institutions and one engineering college, which welcome a total of 23,143 students, including 4,805 girls. The Government further indicates that the State Programme 2007–2016 helped pay for 7,132 students to receive vocational training and that 74.5 per cent were women. It adds that in 2016, 120,000 girls finished university in the country in various fields of study. The Committee also notes, from the Government’s third periodic report submitted under the International Covenant on Civil and Political Rights (CCPR), that its ministries are encouraging girls to study in grade 10 and 11, and that it is making accommodation available and providing scholarships for female students in higher education (CCPR/C/TJK/3, 29 November 2017, paragraph 25). The Committee further notes, from the Government’s sixth periodic report submitted under the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), that various measures were taken to encourage girls to attend vocational training courses and encourage them to pursue higher education (CEDAW/C/TJK/6, 2 November 2017, paragraphs 35, 36, 97 and 99). From that report, the Government also indicates that girls’ attendance in grades 10 and 11 is increasing but that they represent only 35 per cent of the student population in higher education institutions. The Committee encourages the Government to continue to provide information on the specific measures taken to improve women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and on the results achieved. The Government is also asked to continue to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Access of women to employment and occupation. In its previous comments, the Committee requested the Government to indicate the measures taken to improve access of rural women to employment and to address prevailing stereotypes on the role of women in the family and society. Noting the Government’s indication that a system of grants under the Government Committee on Women and Families had been established, with a focus on women in rural areas, the Committee had also requested the Government to provide information on the impact of this system on the situation of women working in rural areas. The Committee notes the adoption of a National Strategy to enhance the role of women and girls 2011–2020 and a State Programme on the education, selection and appointment of managerial positions in the Republic of Tajikistan from among capable women and girls 2007–2016. In this regard, it refers to its comments under the Equal Remuneration Convention, 1951 (No. 100), regarding the persistence of vertical and horizontal gender segregation in the labour market. It further notes, from the Government’s report to the CCPR that a number of large-scale public education and awareness-raising campaigns were carried out to eliminate gender stereotypes and promote equal rights of men and women in relation to family responsibilities (CCPR/C/TJK/3, paragraphs 27, 28 and 30). The Committee requests the Government to provide information on the results achieved by these education and awareness-raising campaigns with regards to combating the prevailing stereotypes on the role of women in the family and society, for example by providing statistical information, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and occupations. The Committee once again requests the Government to provide information in relation to the impact of the system of grants under the Government Committee on Women and Families on the situation of women working in rural areas.

Article 3(a). The Committee requests the Government to describe the nature and extent of its activities in cooperation with workers’ and employers’ organizations to ensure and promote the observance of the national policy on equality.

Article 3(d). Civil service. The Committee previously noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour” and that it only covers recruitment. The Committee requested the Government to indicate whether it intended to: (i) insert the ground of colour in section 2, and (ii) extend the protection provided beyond recruitment. Further, after taking note that there were nearly twice as more men than women working in the public sector, the Committee requested the Government to provide information on the measures taken to promote equal opportunities between men and women in the civil service. The Committee notes the Government’s indication that in January 2017, there were 19,007 civil workers and that women represented 22 per cent of those workers. It further indicates that out of 5,670 managerial positions, 17.39 per cent were filled by women. Further, it notes from the Government’s report under the CCPR that, with the aim of promoting the employment of women in the public service, state bodies and self-governing authorities of villages have been implementing special measures when interviewing female candidates (CCPR/C/TJK/3, paragraph 22). In addition, in its report under the CEDAW, the Government indicates that the National Strategy of 2011–2020 provides for equal representation of women and men in the executive and representative bodies at all levels of governance and envisages the possibility of introducing quotas for women as temporary measures to ensure broader participation in the executive and representative bodies as well as modest quotas in the civil service (CEDAW/C/TJK/6, paragraph 80). The report further indicates that women currently make up 33.3 per cent of civil servants and that, in order to attract women in the civil service, 35 skills development courses were organized (paragraph 82).  The Committee requests the Government to continue its efforts in promoting equal opportunities between men and women in the civil service with respect to all aspects of employment, and to provide information on the results achieved. It also urges the Government to provide information on how the observance of the national policy of equality of opportunity and treatment with respect to grounds – other than sex – is being ensured with respect to employment in the civil service. Noting the absence of information in this regard, the Committee requests the Government to indicate whether any consideration is being given to insert the ground of colour in section 2 of the Law on the Civil Service and to extend the protection provided beyond recruitment. Finally, the Committee requests the Government to continue to provide statistical information on the distribution of men and women in the various occupations and grades in the civil service.

Article 3(e). Vocational training and guidance and placement services. Other grounds. The Committee requests the Government to provide information on the activities of the Republican Employment Centre and the Ministry of Labour and Social Protection to promote equality of opportunity and treatment in vocational training and occupational guidance with respect to all groups protected by the Convention, including ethnic, national and religious minorities, and the manner in which the placement services provided ensure the application and observance of the national policy.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide full information on the manner in which this provision of the Convention is applied in practice, by indicating the provisions of its legislation which give effect to Article 4 of the Convention. It also requests the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by this provision. The Government is also asked to supply information on all measures taken or contemplated to ensure that persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

Article 5. Protective measures. The Committee previously noted that sections 160 and 161 of the Labour Code 1997 prohibited employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts, and from recruiting women for night work, except in certain sectors. The Committee also noted that section 3 of Law No. 89 of 2005 provides that special measures undertaken to protect the health of men and women are not considered discrimination. The Committee notes that section 216 of the Labour Code 2016 prohibits women from performing “heavy, underground and hazardous work” and that the Government is responsible for approving the list of works prohibited to women. Further, section 217 of the Labour Code 2016 prohibits night, overtime and shift works to women workers who have children under the age of 14 as well as other workers caring after children under the age of 14 without the mother, without their written consent. In its 2012 General Survey on the fundamental Conventions (paragraphs 838–840), the Committee stresses on the distinction to be drawn between special measures to protect maternity (in the strict sense), in 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. The Committee requests the Government to ensure that the special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the strict sense), and that these provisions do not impede access for women to employment and occupation. It also requests the Government to provide information on any consideration given to the adoption of accompanying measures aimed at, among others, improving health protection for men and women, security and the availability of adequate transport and social services to enable women to access all types of employment on an equal footing with men. The Committee also requests the Government to provide a copy of the list of works prohibited to women under section 216 of the Labour Code 2016. Finally, with regard to the prohibition of certain types of work contained in section 217, the Committee requests the Government to ensure that measures aimed at reconciling work and family are available to men and women with family responsibilities on an equal footing (and not only to men in the absence of a mother) and to provide specific information in this regard.

Enforcement. The Committee notes from the Government’s report under Convention No. 100 that labour inspectors carried out 691 inspections in 2016 and that 2,449 violations of occupational safety legislation were recorded, none of them involved findings of discrimination. The Government further states that no complaints were filed to the courts under section 7 of the Labour Code. The Committee recalls that where no cases or complaints are being lodged this likely indicates 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, paragraph 870). The Committee therefore requests the Government to indicate measures taken or envisaged to raise awareness among the general public about the anti-discrimination legislation (on all the grounds prohibited by the Convention), and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. It once again requests the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination. The Government is asked to provide information on the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions imposed. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

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

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

CMNT_TITLE

Article 2 of the Convention. Access of women to employment and occupation. In its previous comments, the Committee asked the Government to indicate the measures taken to improve access of rural women to employment and to address prevailing stereotypes on the role of women in the family and society. It also requested the Government to provide statistical information on the situation of men and women in the labour market. The Committee notes that the Government indicates in its report that a system of grants under the Government Committee on Women and Families has been established, focusing on women in rural areas. The Committee further notes that, according to the 2014 report of the Agency on Statistics “Women and men of the Republic of Tajikistan”, there were 583,000 men and 482,400 women in the labour market in 2013. The Committee refers in this regard to its comments under the Equal Remuneration Convention, 1951 (No. 100), regarding the persistence of vertical and horizontal gender segregation in the labour market. Furthermore, the Committee notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW), noted that some 80 per cent of women were working in the agricultural sector but that only 12 per cent of dekhkan (private) farms were run by women. CEDAW also expressed concern at the persistence of adverse cultural norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society (CEDAW/C/TJK/CO/4-5, 29 October 2013, paragraphs 15 and 25). The Committee asks the Government to indicate the measures taken to improve access of rural women to employment and particular occupations, including as managers of farms. Please also provide further information in relation to the impact of the system of grants under the Government Committee on Women and Families on the situation of women working in rural areas. The Committee also asks the Government to indicate the measures taken or envisaged to address prevailing stereotypes on the role of women in the family and society. It further asks the Government to continue to provide up-to-date statistical information, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and occupations.

Access of women to education and vocational training. The Committee recalls its previous comments, in which it asked the Government to provide information on the specific measures taken and the results achieved to improve women’s and girls’ educational opportunities, and to provide statistical information on the distribution of men and women in the various levels of education and training courses. The Committee notes that in its concluding observations, CEDAW expressed concern at the low enrolment rate of girls and at the high drop-out rates among girls at the secondary and higher level of education and at the persistence of gender segregation in education, in particular in vocational education, where girls and women remain predominant only in non-technical areas (CEDAW/C/TJK/CO/4-5, 29 October 2013, paragraph 23). The Committee further notes from the abovementioned 2014 report of the Agency on Statistics, that in 2013, there were 98,900 boys and 97,700 girls in primary school, 70,900 boys and 60,400 girls at the secondary level of education, and that 29 per cent of the students at the university were women. Noting the absence of any further information provided by the Government on this point, the Committee urges the Government to provide information on the specific measures taken to improve women’s and girls’ enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and the results achieved. Please continue to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 3(d). Civil service. The Committee notes that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status”. The Committee notes that the provision does not include the ground of “colour” and only covers recruitment. The Committee further notes the Government’s indication that there were 64,800 men and 35,200 women in the public sector. Recalling that the Law No. 89 of 2005 provides for guarantees ensuring equal opportunities for men and women in the civil service, the Committee asks the Government to provide information on its application in practice, including the measures to promote equal opportunities between men and women in the civil service with respect to all aspects of employment, and the results achieved. The Committee also once again asks the Government to provide information on how the observance of the national policy of equality of opportunity and treatment with respect to grounds other than sex is being ensured with respect to employment in the civil service. Please indicate whether any consideration is being given to insert the ground of colour in section 2 of the Law on the Civil Service and to extend the protection provided beyond recruitment. The Committee further requests the Government to provide additional statistical information on the distribution of men and women in the various occupations and grades in the civil service.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. The Committee had previously noted that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. The Committee again requests the Government to indicate the manner in which section 7 of the Labour Code has been implemented in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Sexual harassment. Recalling that sexual harassment is a serious form of sex-based discrimination, the Committee requests the Government to provide detailed information on the measures taken to prevent and address sexual harassment at work, in accordance with its 2002 general observation on the Convention.

…

Article 2. National policy with respect to grounds other than sex. The Committee requests the Government to provide information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Article 3(a). The Committee requests the Government to describe the nature and extent of its activities in cooperation with workers’ and employers’ organizations to ensure and promote the observance of the national policy on equality.

…

Article 3(e). Vocational training and guidance and placement services. Other grounds. The Committee requests the Government to provide information on the activities of the Republican Employment Centre and the Ministry of Labour and Social Protection to promote equality of opportunity and treatment in vocational training and occupational guidance with respect to all groups protected by the Convention, including ethnic, national and religious minorities, and the manner in which the placement services provided ensure the application and observance of the national policy.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Please also supply information on all measures taken or contemplated to ensure that persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

Article 5. Protective measures. The Committee notes that the Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee also notes that section 3 of Law No. 89 of 2005 provides that special measures undertaken to protect the health of men and women are not considered discrimination. The Committee recalls that protective measures regarding women’s employment should be strictly limited to protecting maternity, and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, should be repealed or amended.  The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160–161 of the Labour Code, and to provide information on any steps taken to assess whether the protective measures concerned are strictly related to maternity.

Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination. Please also provide information on the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions imposed. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound repeat its previous comments.

Repetition

Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes the adoption of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005. It notes that the Law defines and prohibits discrimination based on sex in any sphere (sections 1 and 3), and provides for the obligation of public authorities to ensure gender equality (section 4). The Law further includes provisions concerning state guarantees regarding equal opportunities between men and women in the sphere of education and science (section 6) and in the state service (Chapter 3). Equal opportunities in the socio-economic sphere (Chapter 4) include measures aimed at advancing gender equality in labour relations (section 13), provisions placing on the employer the burden of proof to demonstrate the lack of intent to discriminate (section 14), measures aimed at ensuring gender equality in the mass termination of employment (section 15) and measures ensuring equal opportunities of men and women in collective contracts and agreements (section 16). Finally, the Law includes certain provisions aimed at assisting workers with family responsibilities (section 7). The Committee requests the Government to provide information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, including on the manner in which violations of its provisions are being addressed.

The Committee is raising other matters 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 near future.

CMNT_TITLE

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 comments.

Repetition

Article 1 of the Convention. The Committee had previously noted that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. The Committee again requests the Government to indicate the manner in which section 7 of the Labour Code has been implemented in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Sexual harassment. Recalling that sexual harassment is a serious form of sex-based discrimination, the Committee requests the Government to provide detailed information on the measures taken to prevent and address sexual harassment at work, in accordance with its 2002 general observation on the Convention.

Access of women to employment and occupation. The Committee asks the Government to indicate the measures taken to improve access of rural women to employment and particular occupations, including as managers of farms. Please also indicate the measures taken or envisaged to address prevailing stereotypes on the role of women in the family and society. The Government is also requested to provide up-to-date statistical information, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and occupations.

Access of women to education and vocational training. The Committee notes that in its concluding observations, the CEDAW expressed concern at the strong stereotypes regarding the role and responsibilities of women in the family and society, the sharp decline in the enrolment of girls at the secondary school level and the low enrolment rate of female students in institutes of higher education, as well as the high drop-out rate for girls (CEDAW/C/TJK/CO/3, February 2007). The Committee notes that Law No. 89 of 2005 includes provisions aimed at promoting equal opportunities of men and women in education (section 6). The Committee requests the Government to supply information on the specific measures taken to give effect to section 6 of Law No. 89 of 2005 to improve women’s and girls’ educational opportunities, and the results achieved. Please also provide statistical information disaggregated by sex on the participation rates of men and women in the various levels of education and training courses.

National policy with respect to grounds other than sex. The Committee requests the Government to provide information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Article 3(a). The Committee requests the Government to describe the nature and extent of its activities in cooperation with workers’ and employers’ organizations to ensure and promote the observance of the national policy on equality.

Article 3(d). Public service. The Committee notes the Law on the Civil Service of 2007 and will examine the legislation once a translation becomes available. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the public service. The Committee requests the Government to provide information on the practical application of Law No. 89 of 2005 with respect to promoting equal opportunities in the public service. Please also provide information on how the observance of the national policy of equality of opportunity and treatment with respect to grounds other than sex is being ensured with respect to employment in the civil service. Please also provide statistical information on the distribution of men and women in the various occupations and grades in the civil service.

Article 3(e). Vocational training and guidance and placement services. Other grounds. The Committee requests the Government to provide information on the activities of the Republican Employment Centre and the Ministry of Labour and Social Protection to promote equality of opportunity and treatment in vocational training and occupational guidance with respect to all groups protected by the Convention, including ethnic, national and religious minorities, and the manner in which the placement services provided ensure the application and observance of the national policy.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Please also supply information on all measures taken or contemplated to ensure that persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

Article 5. Protective measures. The Committee notes that the Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee also notes that section 3 of Law No. 89 of 2005 provides that special measures undertaken to protect the health of men and women are not considered discrimination. The Committee recalls that protective measures regarding women’s employment should be strictly limited to protecting maternity, and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, should be repealed or amended. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160–161 of the Labour Code, and to provide information on any steps taken to assess whether the protective measures concerned are strictly related to maternity.

Parts III and IV of the report form. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination. Please also provide information on the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions imposed. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

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

Repetition

Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes the adoption of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005. It notes that the Law defines and prohibits discrimination based on sex in any sphere (sections 1 and 3), and provides for the obligation of public authorities to ensure gender equality (section 4). The Law further includes provisions concerning state guarantees regarding equal opportunities between men and women in the sphere of education and science (section 6) and in the state service (Chapter 3). Equal opportunities in the socio-economic sphere (Chapter 4) include measures aimed at advancing gender equality in labour relations (section 13), provisions placing on the employer the burden of proof to demonstrate the lack of intent to discriminate (section 14), measures aimed at ensuring gender equality in the mass termination of employment (section 15) and measures ensuring equal opportunities of men and women in collective contracts and agreements (section 16). Finally, the Law includes certain provisions aimed at assisting workers with family responsibilities (section 7). The Committee requests the Government to provide information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, including on the manner in which violations of its provisions are being addressed.

The Committee recalls that it raised other matters 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 near future.

CMNT_TITLE

The Committee notes the Government’s very brief report on the application of the Convention and requests the Government to provide information with respect to the following points.

Article 1 of the Convention. The Committee had previously noted that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. The Committee again requests the Government to indicate the manner in which section 7 of the Labour Code has been implemented in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Sexual harassment. Recalling that sexual harassment is a serious form of sex-based discrimination, the Committee requests the Government to provide detailed information on the measures taken to prevent and address sexual harassment at work, in accordance with its 2002 general observation on the Convention.

Access of women to employment and occupation. The Committee previously noted that the large majority (75 per cent) of agricultural workers were women. It further notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that prevailing stereotypes among the rural population consider women only as workers and not as managers of farms. Traditional and religious standards restrict opportunities for women to realize their own economic interest on a par with men and many women are unaware of the rights and opportunities given to them under the legislation (CEDAW/C/TJK/1-3, June 2005, pages 52–53). The Committee asks the Government to indicate the measures taken to improve access of rural women to employment and particular occupations, including as managers of farms. Please also indicate the measures taken or envisaged to address prevailing stereotypes on the role of women in the family and society. The Government is also requested to provide up-to-date statistical information, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and occupations.

Access of women to education and vocational training. The Committee notes that in its concluding observations, the CEDAW expressed concern at the strong stereotypes regarding the role and responsibilities of women in the family and society, the sharp decline in the enrolment of girls at the secondary school level and the low enrolment rate of female students in institutes of higher education, as well as the high drop-out rate for girls (CEDAW/C/TJK/CO/3, February 2007). The Committee notes that Law No. 89 of 2005 includes provisions aimed at promoting equal opportunities of men and women in education (section 6). The Committee requests the Government to supply information on the specific measures taken to give effect to section 6 of Law No. 89 of 2005 to improve women’s and girls’ educational opportunities, and the results achieved. Please also provide statistical information disaggregated by sex on the participation rates of men and women in the various levels of education and training courses.

National policy with respect to grounds other than sex. The Committee requests the Government to provide information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention. 

Article 3(a). The Committee requests the Government to describe the nature and extent of its activities in cooperation with workers’ and employers’ organizations to ensure and promote the observance of the national policy on equality.

Article 3(d). Public service. The Committee notes the Law on the Civil Service of 2007 and will examine the legislation once a translation becomes available. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the public service. The Committee requests the Government to provide information on the practical application of Law No. 89 of 2005 with respect to promoting equal opportunities in the public service. Please also provide information on how the observance of the national policy of equality of opportunity and treatment with respect to grounds other than sex is being ensured with respect to employment in the civil service. Please also provide statistical information on the distribution of men and women in the various occupations and grades in the civil service.

Article 3(e). Vocational training and guidance and placement services. Other grounds. The Committee requests the Government to provide information on the activities of the Republican Employment Centre and the Ministry of Labour and Social Protection to promote equality of opportunity and treatment in vocational training and occupational guidance with respect to all groups protected by the Convention, including ethnic, national and religious minorities, and the manner in which the placement services provided ensure the application and observance of the national policy.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Please also supply information on all measures taken or contemplated to ensure that persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

Article 5. Protective measures. The Committee notes that the Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee also notes that section 3 of Law No. 89 of 2005 provides that special measures undertaken to protect the health of men and women are not considered discrimination. The Committee recalls that protective measures regarding women’s employment should be strictly limited to protecting maternity, and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, should be repealed or amended. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160–161 of the Labour Code, and to provide information on any steps taken to assess whether the protective measures concerned are strictly related to maternity.

Parts III and IV of the report form. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination. Please also provide information on the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions imposed. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes with interest the adoption of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005. It notes that the Law defines and prohibits discrimination based on sex in any sphere (sections 1 and 3), and provides for the obligation of public authorities to ensure gender equality (section 4). The Law further includes provisions concerning state guarantees regarding equal opportunities between men and women in the sphere of education and science (section 6) and in the state service (Chapter 3). Equal opportunities in the socio-economic sphere (Chapter 4) include measures aimed at advancing gender equality in labour relations (section 13), provisions placing on the employer the burden of proof to demonstrate the lack of intent to discriminate (section 14), measures aimed at ensuring gender equality in the mass termination of employees (section 15) and measures ensuring equal opportunities of men and women in collective contracts and agreements (section 16). Finally, the Law includes certain provisions aimed at assisting workers with family responsibilities (section 7). The Committee requests the Government to provide information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, including on the manner in which violations of its provisions are being addressed.

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

CMNT_TITLE

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. The Committee notes with interest that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. Section 7 provides for the equality of all citizens in employment relationships and prohibits "any distinctions, preference or refusal to hire a worker on the basis of nationality, race, skin colour, sex, age, religion, political opinion, place of birth, national or social origin resulting in violation of the principle of equality of opportunity at work". The Committee requests the Government to indicate in its next report the manner in which section 7 has been applied in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

2. Article 2. The Committee notes the Government’s statement that it has sought the cooperation of the social partners in promoting the acceptance and observance of the national policy of equality of opportunity and treatment in respect of employment and occupation by concluding general and branch-level agreements. The Committee requests the Government to describe the nature and extent of its cooperative activities with workers’ and employers’ organizations and to provide copies of the general and branch-level agreements referenced.

3. The Government indicates that application of the national policy is supervised by the state authorities, particularly the Republican Employment Centre under the Ministry of Labour and Employment, in the areas of vocational guidance and placement and in vocational and technical education establishments. The Committee would be grateful if the Government would supply information on the specific measures taken by the Republican Employment Centre and the Ministry of Labour and Employment to promote equality of opportunity and treatment in vocational training and occupational guidance, and the manner in which the placement services provided ensure the application and observance of the national policy, as well as the results achieved in securing the application and observance of the provisions of the Convention.

4. Article 4. The Committee repeats its request that the Government provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Further, with reference to its previous comments, the Committee reiterates its request that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

5. Article 5. The Committee notes that the new Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160 and 161.

6. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the Ministry of Labour and Employment and the labour inspection bodies referred to in its report, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions applied. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

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

1. Article 1 of the Convention. The Committee notes with interest that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. Section 7 provides for the equality of all citizens in employment relationships and prohibits "any distinctions, preference or refusal to hire a worker on the basis of nationality, race, skin colour, sex, age, religion, political opinion, place of birth, national or social origin resulting in violation of the principle of equality of opportunity at work". The Committee requests the Government to indicate in its next report the manner in which section 7 has been applied in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

2. Article 2. The Committee notes the Government’s statement that it has sought the cooperation of the social partners in promoting the acceptance and observance of the national policy of equality of opportunity and treatment in respect of employment and occupation by concluding general and branch-level agreements. The Committee requests the Government to describe the nature and extent of its cooperative activities with workers’ and employers’ organizations and to provide copies of the general and branch-level agreements referenced.

3. The Government indicates that application of the national policy is supervised by the state authorities, particularly the Republican Employment Centre under the Ministry of Labour and Employment, in the areas of vocational guidance and placement and in vocational and technical education establishments. The Committee would be grateful if the Government would supply information on the specific measures taken by the Republican Employment Centre and the Ministry of Labour and Employment to promote equality of opportunity and treatment in vocational training and occupational guidance, and the manner in which the placement services provided ensure the application and observance of the national policy, as well as the results achieved in securing the application and observance of the provisions of the Convention.

4. Article 4. The Committee repeats its request that the Government provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Further, with reference to its previous comments, the Committee reiterates its request that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

5. Article 5. The Committee notes that the new Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160 and 161.

6. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the Ministry of Labour and Employment and the labour inspection bodies referred to in its report, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions applied. With regard to the Public Prosecutor’s Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

The Committee notes with interest the adoption of a new Labour Code, as well as the information contained in the Government's report.

1. Article 1 of the Convention. The Committee notes with interest that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. Section 7 provides for the equality of all citizens in employment relationships and prohibits "any distinctions, preference or refusal to hire a worker on the basis of nationality, race, skin colour, sex, age, religion, political opinion, place of birth, national or social origin resulting in violation of the principle of equality of opportunity at work". The Committee requests the Government to indicate in its next report the manner in which section 7 has been applied in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

2. Article 2. The Committee notes the Government's statement that it has sought the cooperation of the social partners in promoting the acceptance and observance of the national policy of equality of opportunity and treatment in respect of employment and occupation by concluding general and branch-level agreements. The Committee requests the Government to describe the nature and extent of its cooperative activities with workers' and employers' organizations and to provide copies of the general and branch-level agreements referenced.

3. The Government indicates that application of the national policy is supervised by the state authorities, particularly the Republican Employment Centre under the Ministry of Labour and Employment, in the areas of vocational guidance and placement and in vocational and technical education establishments. The Committee would be grateful if the Government would supply information on the specific measures taken by the Republican Employment Centre and the Ministry of Labour and Employment to promote equality of opportunity and treatment in vocational training and occupational guidance, and the manner in which the placement services provided ensure the application and observance of the national policy, as well as the results achieved in securing the application and observance of the provisions of the Convention.

4. Article 4. The Committee repeats its request that the Government provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Further, with reference to its previous comments, the Committee reiterates its request that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

5. Article 5. The Committee notes that the new Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160 and 161.

6. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the Ministry of Labour and Employment and the labour inspection bodies referred to in its report, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions applied. With regard to the Public Prosecutor's Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

CMNT_TITLE

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, paragraph 1, of the Convention. The Committee notes that, according to article 17 of the 1994 Constitution, the State guarantees "the rights and freedoms of every person regardless of nationality, race, sex, language, religious beliefs, political persuasion, social status, knowledge and property". The Committee also notes that section 19 of the 1973 Labour Code prohibits "any restriction of rights, direct or indirect, in respect of hiring, based on sex, race, national origin and religious attitude"; and that the 1991 Act concerning the employment of the population addresses the question of equality in respect of the right to work and the free choice of employment (section 4); and as concerns the acquisition of work or profession, in working conditions and conditions of employment, in wages, income and in employment promotion (section 5). The Committee requests the Government to indicate more precisely, in its next report, the means by which these various provisions afford, to all workers in the public and private sectors, protection against discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention (viz. race, colour, sex, religion, political opinion, national extraction, social origin) in employment and occupation, as these terms are defined in Article 1, paragraph 3, of the Convention.

2. Article 1, paragraph 2. The Committee requests the Government to furnish the information requested in the report form for the Convention concerning the practical application of this provision.

3. Articles 2 and 3. In addition to the constitutional and legislative provisions cited, the Committee notes from the report a statement that the provisions of the Convention are applied and upheld by the Government which has a policy aimed at encouraging equality of opportunity and treatment in employment and in occupation, in order to prevent any discrimination. In this connection, the Committee refers to paragraphs 157 to 162 of its 1988 General Survey on equality in employment and occupation which underline the importance of adopting a national policy which states clearly that its purpose is to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice, on all of the grounds covered by the Convention, in all fields of employment and occupation. The declaration of a national policy also implies that programmes to implement its objectives should be, or should have been, set up and applied. It therefore appears that the policy should go beyond a citation of legal provisions. In the light of these indications, the Committee requests the Government to indicate how the national policy required by the Convention has been declared; and to supply information on the positive measures being taken or contemplated in pursuance of this policy, including details on the steps taken for the effective elimination of discrimination on the grounds covered by the Convention, as well as on the additional grounds set forth in article 17 of the Constitution (language, knowledge and property) and on the results achieved with regard to all aspects of vocational training, access to employment and to particular occupations and terms and conditions of work.

4. Article 4. The Committee has noted the constitutional provisions relevant to the application of the Convention, including the guarantee under article 14 (which permits limitations on fundamental rights in the Constitution and laws only in certain circumstances) and those guaranteeing judicial protection (articles 19 and 20 of the Constitution). Noting, however, that the report makes no reference either to the practical application of Article 4 of the Convention or to the right to appeal to a competent body in cases coming within its scope, the Committee requests the Government to provide information in these respects in its next report. The Committee also requests the Government to indicate the measures taken or contemplated to ensure that persons who are, or were, members or supporters of certain political organizations, such as those banned formally by the Supreme Court in 1993, are not subject to discrimination in employment and occupation for reasons related solely to holding or expressing political opinions contrary to those of the Government or by virtue of their ethnic origin.

5. Article 5. The Committee notes that provision appears to be made for the introduction of measures of assistance and protection, such as in article 35 of the Constitution (which prohibits the employment of women in heavy and underground works) and in section 6 of the Act concerning employment of the population (which anticipates the introduction of measures to assist the employment of particular groups of persons, such as handicapped people). The Committee requests the Government to indicate, in its next report, how Article 5 of the Convention has been applied in practice and whether any consultations have been carried out with employers' and workers' organizations in this regard.

6. Points III and IV of the report form. The Committee would be grateful if the Government would indicate the authorities to which the application of relevant legislation is entrusted and by what methods its application is supervised and enforced. Please also state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

CMNT_TITLE

The Committee notes the information provided by the Government in its first report. It would be grateful if the Government would provide more detailed information in its next report, particularly on the points indicated below.

1. Article 1, paragraph 1, of the Convention. The Committee notes that, according to article 17 of the 1994 Constitution, the State guarantees "the rights and freedoms of every person regardless of nationality, race, sex, language, religious beliefs, political persuasion, social status, knowledge and property". The Committee also notes that section 19 of the 1973 Labour Code prohibits "any restriction of rights, direct or indirect, in respect of hiring, based on sex, race, national origin and religious attitude"; and that the 1991 Act concerning the employment of the population addresses the question of equality in respect of the right to work and the free choice of employment (section 4); and as concerns the acquisition of work or profession, in working conditions and conditions of employment, in wages, income and in employment promotion (section 5). The Committee requests the Government to indicate more precisely, in its next report, the means by which these various provisions afford, to all workers in the public and private sectors, protection against discrimination on the grounds set out in Article 1, paragraph 1(a) of the Convention (viz. race, colour, sex, religion, political opinion, national extraction, social origin) in employment and occupation, as these terms are defined in Article 1, paragraph 3, of the Convention.

2. Article 1, paragraph 2. The Committee requests the Government to furnish the information requested in the report form for the Convention concerning the practical application of this provision.

3. Articles 2 and 3. In addition to the constitutional and legislative provisions cited, the Committee notes from the report a statement that the provisions of the Convention are applied and upheld by the Government which has a policy aimed at encouraging equality of opportunity and treatment in employment and in occupation, in order to prevent any discrimination. In this connection, the Committee refers to paragraphs 157 to 162 of its 1988 General Survey on equality in employment and occupation which underline the importance of adopting a national policy which states clearly that its purpose is to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice, on all of the grounds covered by the Convention, in all fields of employment and occupation. The declaration of a national policy also implies that programmes to implement its objectives should be, or should have been, set up and applied. It therefore appears that the policy should go beyond a citation of legal provisions. In the light of these indications, the Committee requests the Government to indicate how the national policy required by the Convention has been declared; and to supply information on the positive measures being taken or contemplated in pursuance of this policy, including details on the steps taken for the effective elimination of discrimination on the grounds covered by the Convention, as well as on the additional grounds set forth in article 17 of the Constitution (language, knowledge and property) and on the results achieved with regard to all aspects of vocational training, access to employment and to particular occupations and terms and conditions of work.

4. Article 4. The Committee has noted the constitutional provisions relevant to the application of the Convention, including the guarantee under article 14 (which permits limitations on fundamental rights in the Constitution and laws only in certain circumstances) and those guaranteeing judicial protection (articles 19 and 20 of the Constitution). Noting, however, that the report makes no reference either to the practical application of Article 4 of the Convention or to the right to appeal to a competent body in cases coming within its scope, the Committee requests the Government to provide information in these respects in its next report. The Committee also requests the Government to indicate the measures taken or contemplated to ensure that persons who are, or were, members or supporters of certain political organizations, such as those banned formally by the Supreme Court in 1993, are not subject to discrimination in employment and occupation for reasons related solely to holding or expressing political opinions contrary to those of the Government or by virtue of their ethnic origin.

5. Article 5. The Committee notes that provision appears to be made for the introduction of measures of assistance and protection, such as in article 35 of the Constitution (which prohibits the employment of women in heavy and underground works) and in section 6 of the Act concerning employment of the population (which anticipates the introduction of measures to assist the employment of particular groups of persons, such as handicapped people). The Committee requests the Government to indicate, in its next report, how Article 5 of the Convention has been applied in practice and whether any consultations have been carried out with employers' and workers' organizations in this regard.

6. Points III and IV of the report form. The Committee would be grateful if the Government would indicate the authorities to which the application of relevant legislation is entrusted and by what methods its application is supervised and enforced. Please also state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.