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

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

1. In its previous comments, the Committee had requested the Government to indicate whether consideration was being given to widening the scope of the Declaration of the Rights of Nationalities in Ukraine (which is fulfilled by the National Minorities Act, 1992) to provide protection to persons belonging to all ethnic, religious or linguistic minorities and not only to those belonging to "national" minorities. While the report contains no direct comment on this matter, reference is made to the provisions of the new Constitution adopted by the Supreme Council on 28 June 1996 and, in particular, article 24 which provides that: "There shall be no privileges or restrictions based upon race, colour of skin, political, religious and other beliefs, sex, ethnic origin and social origin, wealth, place of residence, language or other characteristics." The Committee requests the Government to indicate the measures being taken or contemplated to ensure the enjoyment, in practice, of the constitutional right to non-discrimination, on all of the grounds which fall under Article 1, paragraph 1(a), of the Convention.

2. As concerns the Committee's previous request concerning the application of the principle of the Convention under the Employment Act, 1992, the Committee notes that the State provides a guarantee of employment for certain categories of the population who require social protection and are not able to compete equally on the labour market, including women with young children; youths who have finished or ceased to attend general and technical schools; persons discharged from the military or alternative national service; former prisoners; orphans; and persons of 15 years of age who, with parental consent, are being taken on for work exceptionally (section 5). Local authorities reserve up to 5 per cent of jobs from the overall number in enterprises, organizations and institutions, independent of the form of ownership for these categories of persons; and fines are imposed for refusal to employ these persons in the reserved posts. The Committee notes that, as a result of the monitoring carried out by the state employment inspectorate for monitoring compliance with employment legislation, some 1,080 cases of refusal to employ these categories of persons were detected in 1996, which resulted in the imposition of sanctions. Please continue to provide information on the extent to which the employment of these specified categories are assisted by the reservation of posts or other positive measures.

3. The Committee notes with interest that, with a view to coordination, subdivisions on women's affairs, protection of the family, and maternity and childhood function within the structure of the Cabinet of Ministers; and that, corresponding subdivisions function in the Ministries of Labour and Social Policy, Health and Education. It also notes that, in 1996, the Ministry of Family and Youth Affairs was set up. According to the Government's report, the protection of women's rights is linked closely with the activities of non-governmental and social organizations, such as the Women's Union of Ukraine and the Union of Mothers with Many Children. Noting from the concluding observations of the Committee on the Elimination of Discrimination against Women (UN Document A/51/38 of 9 May 1996) that no clearly formulated policy on women has yet been adopted, the Committee requests the Government to indicate what progress has been realized in this respect. Please also provide information on the mandate given to the Ministry of Family and Youth Affairs to promote the advancement of women, and indicate whether any other national machinery on gender issues has been established.

4. As concerns the Committee's request for information on training, the Committee notes that some 68,000 persons (or 6.9 per cent of all persons registered in employment centres) underwent training under the direction of the employment centres in 1996; and among those who received professional training, retraining and training to improve their qualifications, 57.9 per cent were women, 71.3 per cent were youths up to the age of 28, and 46.2 per cent were unemployed. Some 2,403 persons were trained for entrepreneurial activities and self-employment. The Committee notes that 55 per cent of those who finished these training courses found work. It also notes that free professional guidance services were provided to 800,000 persons in 1996 (of whom 366,100 were registered with the employment service) which was an increase of one-and-a-half times over the number for 1995. The Committee requests the Government to indicate in future reports the extent to which training for employment is undertaken by persons, irrespective of sex and national origin.

5. Referring to its previous direct request, the Committee notes that, during 1996, the tripartite advisory body on labour and social affairs -- the National Council for Social Partnership -- held five meetings on issues relating to the social protection of the population, including protection from unemployment. The Committee also notes that, following the recommendations of the Ukrainian Coordinating Committee for Collaboration on Employment, the Cabinet approved an employment programme (1997-2000), which aims to implement concrete measures for shaping the labour market, ensuring productive employment of the population, preventing mass unemployment as a consequence of structural change and strengthening social protection for those members of society unable to compete in the labour market. A meeting between the Council and the Coordinating Committee later examined the implementation of territorial programmes for employment, which led to Cabinet issuing relevant instructions to ministries and departments. The Committee further notes that, with the participation of the Council, representatives of the central executive power and trade unions, an international conference was held in 1997 to consider issues of state employment policy and the management of the labour market. The Committee notes these various initiatives with interest and hopes that the Government will continue to provide examples of the concrete measures taken by the tripartite Council as they relate to equality in employment.