Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ukraine (Ratification: 1961)

The Committee notes the information provided in the Government's reports, as well as the amended text of the Constitution, which contains provisions in accordance with the Convention.

1. Referring to its previous comments concerning the implementation of the Declaration of the Rights of Nationalities in Ukraine, the Committee notes the Government's statement that representatives of the national groups are elected to all bodies of the State on the basis of equal rights and occupy various posts in administrative bodies, enterprises, establishments and organizations. The Committee also notes the information concerning the rights of minorities ("nationalities", according to the terminology in the country) outlined in paragraphs 220-229 of Ukraine's report on the implementation of the International Covenant on Civil and Political Rights (United Nations document CCPR/C/95/Add.2, 20 July 1994) and the concern expressed by the Human Rights Committee over the information provided by the Government, corroborated by specific cases, concerning incidents conducive to acts of discrimination on ethnic, gender, religious, linguistic or property grounds where the authorities have not taken appropriate steps towards their resolution. The Human Rights Committee considered that this situation could undermine harmonious relations with minorities (paragraph 18 of document CCPR/C/79/Add.52, 26 July 1995). The Committee requests the Government to indicate whether consideration is being given to amending the Declaration so as to give protection to persons belonging to all ethnic, religious or linguistic minorities and not only those belonging to "national" minorities, as suggested by the Human Rights Committee. Please also provide information illustrating the progress and problems in the implementation of the Declaration.

2. With reference to its previous direct request, the Committee notes that the Government has amended section 3 of the Employment Act, on which the Committee had requested clarification. The Committee also notes that, pursuant to section 18 of the Act, the inspectorates established in the state employment service are responsible for monitoring compliance with the legislation by all employers (public and private, including farmers) and that the inspectorates are empowered to levy fines for every instance in which there is a refusal to hire citizens who require social protection or who are unable to compete in the labour market on an equal footing (including women with young children, young workers, those approaching retirement age and ex-prisoners). These funds are used to finance the expenditures of enterprises which create posts for these categories of persons. The Committee requests the Government to furnish information on the extent to which the principle of equal opportunity and treatment contained in the Convention is pursued in this regard.

3. The Committee notes the data provided by the Government concerning the employment of women and notes that no statistics exist on the relative numbers of men and women in management posts. The Committee notes that one of the principal concerns of the national and regional employment programmes includes the need to create employment opportunities for the most vulnerable groups. In this regard, the Committee notes from the above-mentioned UN reports the concern expressed by both the Government and the Human Rights Committee over the actual cases of discrimination against women and the persistence of gender disparities in regard to pay, participation in public affairs, and in economic, social and cultural matters. The Committee hopes that the Government will provide information on any measures being taken or contemplated to promote equality of opportunity and treatment in employment and occupation for women. Please also provide copies of any reports on the situation of women in the country, as might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

4. As concerns its previous request for information on training, the Committee notes that 33,000 persons received training in the course of 1994 (which was 1.6 times higher than the number trained in 1993) and that 65 per cent of these persons were placed in employment by the employment service. The Committee also notes that, during the first nine months of 1994, 61.9 per cent of those trained were women and 38.1 per cent were men. It notes the Government's statement that unemployed people have the opportunity to undergo retraining in any occupation or specialty required on the labour market, regardless of sex, provided that they have the appropriate level of education, skills and health status. As concerns persons who have returned to the country, after having been deported, the Committee notes that priority is being given to the creation of jobs for those people, such as Crimean Tatar people, Germans and others belonging to ethnic groups. Please continue to supply detailed information on the training offered irrespective of sex, political opinion or national extraction.

5. In response to its request for information on the manner in which the Government seeks the cooperation of employers' and workers' organizations in securing application of the Convention, the Committee notes the information provided on the activities of the National Social Partnership Council, which is a permanent tripartite consultative and advisory body that reports to the President and which is responsible for determining solutions to problems in the labour and social fields. The Committee would be grateful if the Government would provide illustrations of the specific initiatives taken by the Council to further the application of the Convention.