Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

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.