Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee recalls its previous comments requesting the Government to take into account the observations raised by the National Forum of Trade Unions of Ukraine (NFTU) to include the grounds of gender and conditions of birth in the draft Labour Code provisions prohibiting discrimination, to prohibit HIV/AIDS testing and to address restrictions on women’s employment. The Committee notes the Government’s indication that a working group has been set up to prepare the draft Labour Code. The Committee requests the Government to take into account the observations of the NFTU in the context of the drafting process of the new Labour Code, and hopes that the Government will ensure that the Code provides for effective protection against direct and indirect discrimination on at least all of the grounds set out in the Convention and with respect to all aspects of employment and occupation, and that restrictions on women’s employment are strictly related to maternity protection and not based on stereotyped assumptions regarding the type of employment suitable for women. The Committee requests the Government to provide full information on any developments with respect to the status of the adoption of the draft Labour Code.

Article 1 of the Convention. Sexual harassment. The Committee recalls that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men does not appear to cover situations where conduct of a sexual nature creates a hostile working environment, irrespective of whether there is a relationship of subordination between the harasser and the victim. The Committee notes that sections 1(7) and 5 of the Law on Preventing and Combating Discrimination seem to prohibit pressure on a person due to certain characteristics that leads to hostile environment as a form of discrimination but that it does not explicitly cover sexual harassment (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to clarify whether sections 1(7) and 5 of the Law on Preventing and Combating Discrimination prohibit both quid pro quo and hostile environment sexual harassment, and to provide information on their practical application. Due to the sensitivity and seriousness of this form of sex discrimination, the Committee requests the Government to consider expanding the definition of sexual harassment in the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men to go beyond relationships of subordination and to cover hostile environment sexual harassment, and to indicate the progress made in this regard. It also requests the Government to provide information on the practical measures taken to prevent and address all forms of sexual harassment in employment and occupation, and to provide information on any complaints of sexual harassment filed with the competent authorities and any remedies provided or sanctions imposed.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes the statistics provided by the Government on the economic participation of men and women in different sectors and occupations indicating overall employment levels of 65.9 per cent for men and 55.3 per cent for women. The statistical information also shows that women workers are outnumbered by men in all sectors with particular imbalances in forestry and construction, and that women and men are more equally represented in the sectors of education, health, and financial services. The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed concern about the continued under-representation of women in decision-making positions in the public and political sphere, in particular in Parliament and Government (CCPR/C/UKR/CO/7, 22 August 2013, paragraph 9). The Committee notes the adoption of a State Programme to Ensure Equal Rights and Opportunities for Women and Men, 2013–16, which according to the Government, includes seminars, training, campaigns and research focusing on raising awareness and eliminating stereotypes regarding the equality of men and women. The Committee further notes that the prohibition of discriminatory job advertisements provided for in section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, 2006, has also been incorporated into sections 11(3) and 50(5)(1) of the Employment Act, 2012, and according to the Government, in the Advertisement Act of Ukraine, 1996 following amendments in 2013. The Committee requests the Government to provide updated and detailed information on the activities undertaken and results achieved under the State Programme to Ensure Equal Rights and Opportunities for Women and Men, including public awareness-raising measures on gender equality and measures to eliminate gender-based stereotypes with respect to employment and occupation. Please provide detailed information on the measures taken to improve the employment levels of women in the public and private sectors and in decision-making positions. The Committee also requests the Government to provide information on complaints filed regarding violations of the provisions in the abovementioned legislation prohibiting discriminatory job advertisements and their outcome, and to provide statistical information on the economic participation of men and women in different jobs, occupations and sectors of the economy (private and public sectors).

Discrimination on the basis of race, colour or national extraction. Roma. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations, expresses concern about the lack of progress made by the Government in addressing discrimination against the Roma and noted particular difficulties with respect to access to employment (E/C.12/UKR/CO/6, 13 June 2014, paragraphs 8 and 12). The Committee notes that the Government has adopted an Action Plan for the Protection and Integration of the Roma Minority for the period until 2020. The Government also indicates that awareness-raising measures have been carried out in connection with this plan. The Committee requests the Government to provide full information on the content of and measures taken or envisaged to implement the Action Plan for the Protection and Integration of the Roma Minority, in particular any measures taken to address discrimination against the Roma and promote their equal opportunities in employment and particular occupation. Please provide statistical data, disaggregated by sex, indicating the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sectors.

Crimean Tatars. The Committee recalls its comments regarding the Crimean Tatar population and notes the concerns of the CESCR regarding the difficulties faced by Crimean Tatars in terms of access to employment (E/C.12/UKR/CO/6, paragraph 12). The Committee notes the Government’s statement that following events that began in early 2014 in the Autonomous Republic of Crimea, more than 6,000 Crimean Tatars have moved to other regions of Ukraine. The Committee notes that according to the Government, measures to address employment issues for deported citizens have been included in employment programmes for the cities and regions since 2012 and are also included in the regional employment programme through the year 2017. The Committee asks the Government to closely monitor the employment situation of Crimean Tatars, including any discrimination against them on the grounds set out in Article 1(1)(a) of the Convention with respect to their access to employment and to particular occupations, and to provide any available information, desegregated by sex, on their participation in education, vocational training, and employment.

Discrimination on the basis of political opinion. The Committee notes the adoption of the Law on Cleansing of the Authorities, No. 1682-VII, on October 9, 2014 (Lustration Law), which appears to establish a “screening” procedure to exclude persons who upon the date of entry into force of the Law, had certain duties under the previous regime and under the former Soviet Union from holding or applying to hold certain positions in the public service. The Committee notes that according to section 7 of the Law, the Ministry of Justice will act as the primary body to implement the law by determining whether public servants meet the applicable criteria. Noting the potentially broad impact of the Law on Cleansing of the Authorities, No. 1682-VII on local and national government employees, the Committee requests the Government to indicate the measures taken to ensure that any restrictions on the right to hold certain positions are based on the inherent requirements of a particular job, as strictly interpreted to include, for example, posts directly concerned with implementing government policy. The Committee asks the Government to closely monitor the practical application of the Law so as to ensure that it does not lead to discrimination based on political opinion contrary to the Convention, and to supply detailed information on the application of the Law in practice, including the number of persons who have been dismissed or excluded from being a candidate for the posts and professions listed in the Act. Please also provide detailed information on the individual determinations made by the Ministry of Justice in applying the law and on any appeals brought before the court.

Enforcement. The Committee notes that the Law on Preventing and Combating Discrimination empowers the Ukrainian Parliament Commission on Human Rights, as well as several other government bodies, to receive complaints (section 14) and to take a variety of measures to prevent and combat discrimination (sections 10, 11 and 12). The Committee requests the Government to provide information on the activities of the Ukrainian Parliament Commission on Human Rights in monitoring the implementation of the Law on Preventing and Combating Discrimination in employment and occupation. Please also indicate the number and nature of any complaints relating to the principle of the Convention, as well as any remedies provided and sanctions imposed.