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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and communicated to the Government. The Committee requests the Government to provide its comments in this respect.

Draft Labour Code. The Committee takes note of the indication by the Government that the draft Labour Code mentioned in the previous comments was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Committee therefore requests the Government to continue to provide information on any legislative development, including the possible adoption a new Labour Code, in relation to the application of the Convention.

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction. Legislation. In its last comment, the Committee noted that the ground of “national extraction”, as protected by Article 1(1)(a) of the Convention, was not explicitly enumerated in the legislation and requested the Government to clarify whether this ground was covered by the terms “or other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)). In its report, the Government indicates that following the amendment of section 21 of the Labour Code (Act No. 785-VIII of 12 November 2015), the definition of discrimination was expended to enumerate several additional prohibited grounds, including “ethnic, social, and foreign extraction”. The Government specifies in its report that the term “national extraction” falls within the scope of the terms “ethnic and foreign extraction” mentioned in article 21 of the Labour Code. In this regard, the Committee recalls that where 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 (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to examine the possibility to harmonize the explicit list of discrimination grounds in the Labour Code with the lists in the Employment Act (2012) and the Law on Preventing and Combating Discrimination in Ukraine (2012), to ensure that the protection covers at least all the grounds enumerated under article 1(1)(a) of the Convention, including through an explicit reference to “national extraction” (ethnic or foreign extraction). In the meantime, it asks the Government to indicate whether the expression “other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)) has ever been used to address discrimination based on national (ethnic or foreign) extraction by the competent authorities.

Discrimination based on sex. Sexual harassment. The Committee requested repeatedly to the Government to clarify whether section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) prohibited, in practice, both quid pro quo and hostile work environment sexual harassment. The Committee also requested the Government to consider expanding the definition of sexual harassment in the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) (section 1) to go beyond relationships of subordination and to cover hostile work environment sexual harassment. Last, it asked the Government to provide information on the practical measures taken to prevent and address all forms of sexual harassment in employment and occupation. On the applicable legislation, the Government refers to the definitions of sexual harassment in section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) and section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005). However, the Committee notes that the Government does not specify whether these two sections prohibit both quid pro quo and hostile environment sexual harassment, nor whether they go beyond relationships of subordination. On the measures adopted, the Committee recalls that section 17 of the Law of 2005 requires employers to take measures to prevent sexual harassment. The Committee further notes the indications by the Government that it has developed the Methodological Recommendations, approved by Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, requiring that a separate provision be included in collective agreements to combat sexual harassment in the workplace, with a clear definition of what sexual harassment is, as well as the development of a detailed procedure for addressing complaints. The Committee once again asks the Government to specify whether sections 1(7) of the Law on Preventing and Combating Discrimination prohibits, in practice, both quid pro quo and hostile work environment sexual harassment. It also requests once again the Government to clarify whether section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men covers situations of sexual harassment when there is no relation of subordination. The Committee asks the Government to provide information on the implementation of the methodological recommendation to include provisions on sexual harassment in collective agreements and develop a procedure for addressing complaints. The Committee also asks the Government to provide information on any measures taken by employers to prevent sexual harassment and on cases of sexual harassment identified or brought to the attention of the authorities, including their outcome, the sanctions imposed and remedies granted.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. In its last comment, the Committee invited the Government to consider explicitly prohibiting HIV screening for the purpose of exclusion from employment or work process. The Committee notes in this regard the indication by the Government that section 21 of the Labour Code prohibits discrimination based on suspicion or presence of HIV/AIDS and section 25 of the Labour Code prohibits requesting information that is not required to be submitted under the legislation. The Committee however notes that section 24 of the Labour Code requires workers to present a health status document when concluding an employment contract. The Committee therefore asks the Government to specify whether the health status document requested under section 24 of the Labour Code includes information on HIV status. It also requests the Government to provide information on the measures taken or envisaged to prevent and address discrimination based on real or perceived HIV status in practice, such as awareness-raising measures, and information on any cases detected or complaints filed with details on the facts of the cases and their outcome.

Persons with disabilities. The Committee requested the Government to provide information on the measures taken or envisaged to ensure that persons with disabilities do not suffer from direct or indirect discrimination in access to employment or occupation. The Government indicates that pursuant to the Employment Act (2012) and the Act on social protection of persons with a disability (1991), the State Employment Service facilitates the employment of persons with a disability in jobs that are created or adapted for them in enterprises, institutions and organizations, taking into account the recommendations of the Medical and Social Expert Commission (MSEC). The employer cannot refuse to employ a person with a disability, based on this disability, except in cases where, according to the conclusions of the MSEC, their health status would impede the performance of their professional responsibilities or threaten the health and safety of other persons. In 2020, 61,200 workers with disabilities contacted the State Employment Service with 11,700 of them finding employment, and 2,900 unemployed workers with disabilities undertook vocational trainings; from January to June 2021, 7000 persons with disabilities secured employment, which is a 25.2 per cent increase compared to the previous year, and 1400 unemployed workers with disabilities undertook vocational training. Furthermore, the Government indicates that the adoption of Act No. 1213-IX dated 04 February 2021 on the introduction of amendments to several legislative acts to improve the level regulation of remote work, was an effective step towards providing the conditions for the organization of work of workers with disabilities who are unable to work at the employers’ premises. The Committee takes note of this information. It further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern over the high unemployment rate of workers with disabilities (E/C.12/UKR/CO/7, 2 April 2020, paragraph 19). The Committee requests the Government to continue to provide detailed information on the measures adopted to facilitate access to employment to workers with disabilities, including on the impact of the regulation of remote work on the level of unemployment of persons with disabilities, and to ensure their effective protection from discrimination in employment and occupation in practice. It also requests the Government to provide detailed information on any case of discrimination based on disability, detected by or addressed to the competent authorities, with details on their outcome, the sanctions imposed and the remedies granted.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. In its last comment, the Committee noted the potentially broad impact of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees and requested 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, strictly interpreted. The Committee also requested the Government to 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. Noting the report of the Government does not provide any information in this regard, the Committee reiterates its request for detailed information on the application in practice of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees.

Article 1(3). Definition of discrimination. Scope. Legislation. The Committee takes note of the KVPU’s general observation according to which section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) does not meet the definition of the Convention. The Committee also observes that neither section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) nor section 1 of Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) – that both define discrimination – explicitly apply to the fields of employment and occupation. In addition, the Committee notes that section 21 of the Labour Code refers to “discrimination in the field of labour” and section 11(1) of the Employment Act (2012) to “discrimination in employment” without defining specifically these fields. Furthermore, the Committee takes note of the information provided by the Government indicating that several draft laws have been registered with the Parliament relating to the definition of discrimination. Draft law No. 0931, dated 29 August 2019 on the introduction of amendments to several legislative acts of Ukraine (to harmonize legislation on preventing and combatting discrimination with European Union law) that proposes the following: (1) adding the definitions of the following concepts to the legislation: “multiple discrimination”, “victimization”, “discrimination by association”, “reasonable accommodation” and “denial of reasonable accommodation”; (2) granting the Commissioner of the Parliament for Human Rights the authority to issue mandatory instructions on the basis of complaints filed by individuals or groups on matters related to discrimination; and (3) amendments to section 161 of the Criminal Code to replace criminal liability for discrimination with administrative liability under section 18849 of the Code of Administrative Offenses of Ukraine. The Government also refers to draft law No. 5748 on the introduction of amendments to several legislative acts of Ukraine to combat violations of rights in the world of work, dated 12 July 2021, which proposes introducing a definition of the concept of “mobbing”. While taking note of the information provided on these draft legislation, the Committee recalls the provisions of the legislation currently in force do not explicitly specify the stages of employment or occupation covered by the protections against discrimination. It also recalls that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as required under Article 1(3) of the Convention. The Committee therefore asks the Government to clarify whether all aspects of employment and occupation, including access to vocational training, are covered by section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012), section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005), section 21 of the Labour Code, and section 11(1) of the Employment Act (2005). The Committee also requests the Government to continue to provide information on the legislative developments regarding draft laws Nos. 0931 and 5748, as well as on any other legislative development in relation to discrimination in employment and occupation. In this context and referring to the previous paragraph, the Committee invites the Government to ensure that any definition of discrimination included in the new legislation also covers at least all the grounds enumerated in article 1(1)(a) of the legislation and all stages of employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee requested the Government to provide information on: (1) the measures taken to eliminate gender-based stereotypes with respect to employment and occupation; (2) the implementation of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021; (3) the proactive measures taken to address the underlying causes of discrimination; and (4) statistical information on the economic participation of men and women in different jobs occupations and sectors of the economy. The Committee takes note of the Government’s indication that the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021 is being implemented in practice through a series of activities aiming at reducing the gender imbalance in the field of public service and human resources management, and at overcoming gender stereotypes through awareness-raising campaigns and activities, the development and use of educational programmes for boys and girls, and through ensuring equal access to girls and women to higher education institutions. The Committee also takes note of the statistical information provided by the Government and observes that: (1) men remain predominant in executive positions (out of 1,269.3 thousand persons employed as executives, 516.3 thousand are women and 753.0 thousand are men); and (2) women continue to be concentrated in traditionally “female dominated sectors” (for instance out of 2,633.6 thousand persons employed as trade and service workers, 1.785.0 thousand are women and 848.6 thousand are men). The Committee also notes that according to the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), high levels of labour market gender segregation (horizontal and vertical) remain and despite the fact that the educational level of women is higher, their employment level remains lower than that of men; at the same time, the concentration of women in “humanities” and men in “natural” and “technical” education is a significant cause of gender imbalance in the employment policy (Beijing +25 national report, pp. 11–12). The Committee also observes that, in its concluding observations, the CESCR expressed concern over the fact that women are underrepresented in public service and the private labour market, and over the horizontal and vertical sex segregation. More generally, the CESCR is concerned about the persistent gender stereotypes relating to the roles of men and women, which perpetuate gender inequality in the country. As a result, women, particularly those in vulnerable situations such as internally displaced women and Roma women, continue to bear a disproportionate burden in terms of unpaid domestic and care work, which hinders their full participation in public life and in the labour market (E/C.12/UKR/CO/7, paragraphs 16 and 19). The Committee therefore requests the Government to continue its efforts to eliminate gender-based stereotypes (including through awareness-raising campaigns to promote the equal sharing of family responsibilities, with a view to facilitating women’s participation in the labour market) and to provide detailed information, including statistical data, on the results of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021. More generally, the Committee requests the Government to provide information on any other relevant measure adopted on the horizontal and vertical segregation between men and women in the labour market, such measures to facilitate women’s access to vocational education and training in areas that are traditionally male dominated.

Discrimination based on race, colour or national extraction. Roma people. The Committee requested the Government to provide information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority. It also requested the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector and to understand the underlying causes of the persistent discrimination in employment faced by the Roma minority, despite all the measures adopted. The Government indicates that persons from the Roma minority may apply to any employment centre where they are provided with assistance in finding employment, including through consulting and career guidance activities and access to occupation or vocational training. The Government further indicates that in 2021, a Memorandum of Cooperation was signed between the Odessa regional employment centre and the Centre for the protection of Roma rights, and an Agreement of Cooperation was signed between the Kremen regional employment centre and Kremen Roma, a public organization. These frameworks aim at developing dialogue with representatives of the Roma population to promote employment among the Roma communities. During the first half of 2021, the State Employment Service provided the following services: 131 people from the Roma population were granted the status of unemployed workers, 99 received unemployment benefits, 36 found employment, 8 undertook vocational training, 147 received career guidance services, and 282 received information and consulting services. The Committee takes note of this information. The Committee also notes that the CESCR expressed concern over high rates of unemployment among Roma workers (E/C.12/UKR/CO/7, paragraph 21) and observes that the report of the Government does not include information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority and its impact in practice on the participation of members of the Roma community participate in vocational training and employment in the private and public sector. The Committee asks the Government to provide information on the results of the dialogue taking place within the cooperation framework established between the regional employment centres and the representative of the Roma population, and on any new initiative to promote employment among the Roma communities. It also asks once again the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector to identify the underlying causes of the persistent discrimination in employment faced by the Roma minority and address them.

Article 5. Special measures of protection. Discrimination based on sex. The Committee requested the Government to ensure that special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the strict sense), so as not to impede access of women to employment and occupation. The Committee notes with interest the indication by the Government that Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts of Ukraine to ensure equal opportunities for mother and fathers to care for a child was adopted. The Act provides for the father’s right to paid leave for a duration of 14 calendar days after the child’s birth and for a parental leave until the child reaches three years of age that may be granted to the mother or the father under equal conditions. A draft act is also under development by the Ministry of the Economy, to limit the complete prohibition of night work and overtime currently applicable to women with children under the age of 3 (section 175 and 176 of the Labour Code) to breast-feeding mothers with children under the age of 18 months. The draft also aims at eliminating the restriction on women’s night work (section 175 of the Labour Code) and at limiting the prohibition of women’s employment in heavy work, work in harmful or dangerous conditions, and underground work (section 174 of the Labour Code) to pregnant women and breast-feeding mothers with children under the age of 18 months. The Committee requests the Government to continue to provide information on any legislative developments aimed at ensuring that provisions relating to the protection of persons working under hazardous or difficult conditions are aimed at protecting the health and safety of both men and women at work, while considering gender differences with regard to specific risks to their health (for instance for pregnant and breast-feeding mothers). The Committee asks in particular the Government to provide information on the possible adoption of the draft under development on the employment of women referenced in the report.

Enforcement. The Committee requested the Government to provide information on awareness-raising, education and capacity-building measures aimed at employers and workers, as well as labour inspectors, in order to ensure a better understanding of how to identify and address discrimination and to better promote equality in employment and occupation. The Committee also requested 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. Noting that the report of the Government does not provide any information in this regard, the Committee asks once again the Government to provide detailed information on the measures adopted to ensure the enforcement of the Convention in practice, including information on the activities of the labour inspectorate and the Ukrainian Parliament Commission on Human Rights in relation to non-discrimination and equality.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 9 October 2017.

Article 1 of the Convention. Grounds of discrimination. Legislation. National extraction. In its previous comments, the Committee noted that the Law on Preventing and Combating Discrimination in Ukraine (2012) prohibits both direct and indirect discrimination on the grounds of race, colour, political, religious or other beliefs, sex, age, disability, ethnic or social origin, citizenship, marital stats, property status, place of residence, linguistic and any other characteristics that may be real or perceived (sections 1(2), 1(3) and 6(2)). It also noted that the Employment Law (2012) provides for protection against discrimination on an expanded set of grounds, including race, colour, political, religious or other beliefs, membership of trade unions or other associations, gender, age, ethnic and social origin, property status, place of residence, and linguistic or other characteristics (section 11(1)). Noting that the ground of national extraction does not appear in either law, the Committee had requested the Government to indicate if this ground could be included in the term “any other characteristics”. Recalling that a working group was set up to prepare a new Labour Code, the Committee takes note of the most recent version of the Bill, available on the Parliament’s website and dated 24 July 2017. It notes, from the draft Labour Code, that section 3(1) prohibits direct and indirect discrimination in rights and opportunities on the grounds of “race, colour, political, religious and other beliefs, sex, sexual orientation and gender identity, ethnic, social and of foreign origin, age, health, pregnancy, disability, suspicion or presence of HIV/AIDS, family and property status, family responsibilities, residence, membership in a trade union or other association of citizens, participation in a strike, appeal or intent to apply to a court or other bodies for the protection of their rights or to provide support to other employees in the protection of their rights, in linguistic or other grounds, not related to the nature of the work or the conditions for its implementation”. The Committee notes that all the grounds protected in Article 1(1)(a) of the Convention appear to be included in the draft Labour Code, except for “national extraction”. It further notes that section 3(1) protects a number of additional grounds. Noting that the ground of national extraction is not explicitly protected in the current legislation, the Committee requests the Government to clarify whether the ground of “national origin”, as protected by Article 1(1)(a) of the Convention, is covered by the term “foreign origin”, listed in section 3(1) of the draft Labour Code. Pending the introduction of the draft Bill, the Committee reiterates its request that the Government clarify whether the ground of national extraction is covered by the term “any other characteristics” in the Employment Act (2012) and the Law on Preventing and Combating Discrimination in Ukraine (2012).

Definition of discrimination. Legislation. The Committee notes that section 3 of the draft Labour Code prohibits: “any labour discrimination, including the violation of the principle of equality of rights and opportunities, direct or indirect restriction of the rights of workers on grounds that are not related to the nature of the work or the conditions for its performance”. The Committee notes that the prohibition of discrimination in the draft Labour Code applies to “employment and occupation” and that section 2(7) of the draft Bill sets out the principle of “equality of rights and opportunities of workers” but that neither provision explicitly refers to access to vocational training. The Committee therefore requests the Government to confirm whether the definition of discrimination, as set out in section 3(1) of the draft Labour Code, and read in conjunction with section 2(7), includes access to vocational training.

Discrimination on the basis of sex. Sexual harassment. The Committee recalls that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2006), under which the employer must take measures to prevent sexual harassment, 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. It also noted that, although sections 1(7) and 5 of the Law on Preventing and Combating Discrimination (2012) seem to prohibit pressure on a person due to certain characteristics that leads to hostile environment as a form of discrimination, it does not explicitly cover sexual harassment. The Committee thus requested that the Government clarify whether both forms of sexual harassment are prohibited under the law. The Committee notes that the Government’s report is again silent on this point and notes the absence of any provision to protect workers against sexual harassment in the draft Labour Code. Consequently, it wishes to recall its 2002 General Observation in which it stresses that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights which undermines equality at work by calling into question integrity and dignity and the well-being of workers (see 2012 General Survey, paragraph 89). The Committee recalls that definitions of sexual harassment should contain both elements: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, 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; and (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. Therefore, the Committee reiterates its request to the Government that it clarify whether sections 1(7) and 5 of the Law on Preventing and Combating Discrimination prohibit, in practice, both quid pro quo and hostile environment sexual harassment, and to provide information on their practical application. Further, in view of the gravity and serious repercussions of this form of sex discrimination, the Committee requests the Government to consider: (i) including a comprehensive definition of this form of discrimination in the draft Labour Code, and/or (ii) 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 work environment sexual harassment. Please indicate the progress made in this regard. Further, it once again requests the Government to provide information on the practical measures taken to prevent and address all forms of sexual harassment in employment and occupation, for example through awareness-raising activities, and to provide information on any complaints of sexual harassment filed with the competent authorities and any remedies provided or sanctions imposed.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. 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 conditions of birth in the draft Labour Code provisions prohibiting discrimination and to prohibit HIV and AIDS testing. The Committee welcomes the inclusion of a number of other protected grounds in section 3 of the draft Labour Code including, among others, sexual orientation, gender identity, pregnancy and suspicion or actual presence of HIV and AIDS. In order to support the ban on HIV and AIDS discrimination, the Committee invites the Government to consider explicitly prohibiting HIV screening for the purposes of exclusion from employment or work process in the draft Labour Code.

Persons with disabilities. The Committee recalls that section 1(2) of the Law on Preventing and Combating Discrimination in Ukraine prohibits discrimination on the ground of disability. In this regard, it notes that in its 2015 concluding observations the United Nations Committee on the Rights of Persons with Disabilities (CRPD) was concerned that the employment quota is not effectively enforced and that the majority of persons with disabilities remain unemployed (CRPD/C/UKR/CO/1, 2 October 2015, paragraph 50). In this regard, the Committee wishes to refer the Government to its detailed comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that persons with disabilities do not suffer from direct or indirect discrimination in access to employment or occupation. Please also provide information on the application of the Convention in practice, including statistics, extracts from reports, studies or inquiries concerning employment of persons with disabilities.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. The Committee previously noted that the Law on Cleansing of the Authorities (2014), appeared to establish a “screening” procedure to exclude persons who 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 and that, according to section 7 of that Law, the Ministry of Justice is the primary body to determine whether a person is excluded from holding or applying for certain positions in the public service. In this regard, it requested 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, and to provide information on the application of the Law in practice. Noting the absence of reply from the Government on this point, the Committee recalls that for measures not to be discriminatory under Article 4 of the Convention, they must firstly affect an individual on account of activities he or she is justifiably suspected of having, or has been proven to have, undertaken. These measures become discriminatory when simply based on membership of a particular group or community. Moreover they must refer to activities that can be considered as prejudicial to the security of the State and the individual concerned shall have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey, paragraphs 832–835). The Committee stresses that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly. It further recalls that political opinion may be taken into account as an inherent requirement, under Article 1(2) of the Convention for posts involving special responsibilities in relation to developing government policy. Once again, noting the potentially broad impact of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees, the Committee reiterates its requests to the Government that it 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, strictly interpreted. It further requests 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 applying to the posts and professions listed in the Act. The Committee also requests the Government to 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.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the statistics indicating overall employment levels of 65.9 per cent for men and 55.3 per cent for women, showing 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 also noted the continued under-representation of women in decision-making positions in the public and political sphere, in particular in Parliament and Government. It noted the State Programme to Ensure Equal Rights and Opportunities for Women and Men, 2013–16 which, according to the Government, included seminars, training, campaigns and research focusing on raising awareness and eliminating stereotypes regarding the equality of men and women. Finally, the Committee noted 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) had also been incorporated into sections 11(3) and 50(5)(1) of the Employment Act (2012) and in the Advertisement Act of Ukraine (1996) following amendments in 2013.

The Committee notes the extensive information provided by the Government. It notes the “Happiness in four hands” campaign, set up by the Ministry of Social Policy in the framework of the State Programme to Ensure Equal Rights and Opportunities for Women and Men, to raise-awareness and fight stereotypical views of the role of women and men in the family. The Committee notes, from the Government Portal official website, the adoption of a new Programme on providing Equal Rights and Opportunities for Women and Men up to 2021, to fulfil the country’s international commitments on gender equality, such as the Council of Europe Gender Equality Strategy 2018–23, the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Sustainable Development Goals (SDGs). In this regard, the Committee wishes to stress that, before developing new programmes, it is essential to assess first the results and effectiveness of the previous ones, to ensure that the programmes about to be developed are informed by the difficulties and challenges encountered in the implementation of previous programmes. The Committee further notes the Government’s statement that through a project, in coordination with the Organization for Security and Cooperation in Europe (OSCE), it developed training courses and handbooks on gender equality and non-discrimination, designed for the use of journalists and the advertising industry. The Committee notes the Government’s indication that a draft Legislative Amendment Act amending the Employment Act and the Advertising Act has been presented to Parliament (Verkhovna Rada). According to the Government, this draft Legislative Amendment Act will enable the Central Government Authority to impose fines for breaches of the legislation with regard to job advertising and, accordingly, effectively eliminate discrimination at the recruitment process. The Committee notes however that the Government has not provided information on cases brought for the violation of the prohibition of discriminatory job advertising, nor has it provided statistical information on the number of men and women in different occupations and sectors of activity. It notes, from the 2017 concluding observations of the CEDAW, that the new legislative reforms for the advancement of women lack adequate resources for their implementation and accountability and that women, especially those in rural areas, are unaware of their rights and lack the necessary information to claim them (CEDAW/C/UKR/CO/8, 9 March 2017, paragraph 20). The Committee requests the Government to continue providing information on the measures taken to eliminate gender-based stereotypes with respect to employment and occupation and to provide specific information on the measures taken or envisaged to implement the new Programme on providing Equal Rights and Opportunities for Women and Men up to 2021, and the results achieved in this respect. Noting the absence of information provided in this regard, the Committee once again requests the Government to provide detailed information on the proactive measures taken to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values in order to improve the employment levels of women in the public and private sectors and in decision-making positions, for example through the set-up of participation quotas. Please 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. In its previous comments, the Committee noted that the Government adopted an Action Plan for the Protection and Integration of the Roma Minority for the period until 2020 and that awareness-raising measures had been carried out in connection with this plan. The Committee notes the Government’s indication that, in 2016, the State Employment Services carried out initiatives in areas with large numbers of Roma residents with the aim of ensuring their social protection and integrating them into Ukrainian society. According to the Government, throughout 2016, the State Employment Services also held 35 information, advice and vocational guidance events in areas with a high Roma population. The Committee notes the Government’s explanation that the law does not permit the collection of data based on ethnic origin, and that it therefore cannot provide statistical data on the number of Roma people in employment or training. In that regard, it wishes to point out that, in the absence of statistical disaggregated data, qualitative research or studies on the nature and extent of labour inequalities, including its underlying causes, are even more crucial to determine the nature, extent and causes of discrimination, design and implement a relevant and effective national equality policy under Articles 2 and 3 of the Convention, and monitor and evaluate its results. Further, the Committee notes, from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the lack of funding and low level of implementation of the Action Plan for the Protection and Integration of the Roma Minority for the period until 2020 (CERD/C/UKR/CO/22-23, 4 October 2016, paragraph 19). The Committee also notes that the CERD expressed concern over the difficulties in accessing education, housing and education for the Roma who suffer from poverty and by the fact that despite some improvements, there is still low school attendance and a high illiteracy rate among Roma children (paragraph 21). The Committee requests the Government to ensure that sufficient funding is allocated for an effective implementation of the Action Plan for the Protection and Integration of the Roma Minority and to provide full information on the concrete measures taken or envisaged to increase the impact of the Plan in practice. Noting that the measures adopted to combat discrimination do not appear to have succeeded in eliminating or reducing acts of discrimination, particularly in access to employment and education, the Committee requests the Government to provide information on the measures envisaged to address discrimination against the Roma in order to ensure that they benefit from equal opportunities in employment and occupation, including in access to education. Recalling that data and statistics are crucial to inform national policies, the Committee requests the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector and to understand the underlying causes of the persistent discrimination in employment faced by the Roma minority, despite all the measures adopted.

Crimean Tatars. The Committee recalls its previous comments regarding the difficulties faced by Crimean Tatars in terms of access to employment. It had noted that following the events that began in early 2014 in the Autonomous Republic of Crimea, more than 6,000 Crimean Tatars had moved to other regions of Ukraine and that the Government had been taking measures to address employment issues for deported citizens. The Committee notes the Government’s indication that it adopted the Restoration of Rights (Persons Deported on Ethnic Grounds) Act (2014) to provide a legal basis for the formulation and implementation of state policies on the return, resettlement, social adaptation and integration of Crimean Tatars and other minorities who were deported on the grounds of their ethnicity. The Government indicates that in 2017, it allocated 35 million Ukranian Hryvnia (UAH) (approximately US$100,000) to the “Return and resettlement of Crimean Tatars and persons of other ethnicities deported from Ukraine Programme”. The Committee notes the CERD’s concerns that despite the Government’s efforts, Crimean Tatars in Government controlled regions face difficulties with regard to access to employment, social services and education and lack support (CERD/C/UKR/CO/22-23, paragraph 23). While noting the Government’s commitment to provide assistance to Crimean Tatars, the Committee requests the Government to provide information on and closely monitor the employment situation of Crimean Tatars, including any discrimination against them with respect to their access to employment and to particular occupations. The Committee recalls the importance of statistical information and once again requests the Government to provide any available information, including qualitative researches, on their participation in education, vocational training, and employment.

Article 5. Special measures of protection. Discrimination based on sex. The Committee recalls its previous comments in which it requested the Government to ensure that any restrictions on women’s employment that may be contained in the draft Labour Code should be strictly related to maternity protection and not based on stereotypical assumptions regarding the types of employment suitable for women. The Committee notes the KVPU’s observations according to which the draft Labour Code restricts women’s access to work. Indeed, the Committee notes that the draft Labour Code prohibits the involvement of women with children under three years of age in overtime and night work (sections 142 and 154), and provides childcare leave only to women or single fathers (section 198). The Committee further notes that according to section 291 of the draft Labour Code, it is prohibited to employ women in the manipulation of heavy items, with harmful or dangerous working conditions, as well as in underground works, and that the list of heavy works, and works in harmful or hazardous conditions prohibited to women is to be approved by the relevant central executive body. In its 2012 General Survey, paragraphs 838–840, the Committee stresses that a distinction should be drawn between (i) special measures to protect maternity in the strict sense, which come within the scope of Article 5 of the Convention; and (ii) 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. Consequently, the Committee requests the Government to ensure that special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the strict sense), so as not to impede access of women to employment and occupation. With regard to the provisions of the draft Labour Code prohibiting certain types of works to women with children, the Committee refers to its detailed comments under the Workers with Family Responsibilities Convention, 1981 (No. 156).

Enforcement. The Committee notes the Government’s indication that no cases on discrimination have been brought to the courts. It further notes that, in its concluding observations, the CEDAW noted that in practice the justice system remains inaccessible to most women because of barriers such as corruption, lack of knowledge about their rights and the limited availability of legal aid (CEDAW/C/UKR/CO/8, paragraph 18). In this respect, the Committee recalls paragraph 870 of its 2012 General Survey in which it explains 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 Committee therefore requests the Government to provide information on awareness-raising, education and capacity-building measures aimed at employers and workers, as well as labour inspectors, in order to ensure a better understanding of how to identify and address discrimination and to better promote equality in employment and occupation. Noting the absence of information on the number and nature of any complaints relating to the principle of the Convention, as well as any remedies provided and sanctions imposed in this regard, it also again requests that the Government 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.

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

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.

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Law on Preventing and Combating Discrimination in Ukraine of 6 September 2012 (amended in May 2014), which prohibits both direct and indirect discrimination and covers the grounds of race, colour, political, religious or other beliefs, sex, age, disability, ethnic or social origin, citizenship, marital status, property status, place of residence, linguistic and any other characteristics that may be real or perceived (sections 1(2), 1(3) and 6(2)). The Committee notes that the Law applies, inter alia, to the areas of education, public service and employment relations (section 4). The Law also establishes a policy to pursue affirmative action with the goal of eliminating inequality of opportunity (sections 1(5) and 7). The Committee further notes that the new Employment Law, adopted in 2012 and amended in 2014, provides for protection against discrimination on an expanded set of grounds, including race, colour, political, religious or other beliefs, membership of trade unions or other associations, gender, age, ethnic and social origin, property status, place of residence, and linguistic or other characteristics (section 11(1)). Noting that national extraction is not explicitly included in the Law on Preventing and Combating Discrimination, the Committee requests the Government to clarify whether this ground would be covered by the term “any other characteristics”, and to provide information on the practical application of the Law and its impact in terms of achieving equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to provide information on any cases of discrimination filed with the competent authorities pursuant to section 11(1) of the Employment Law.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the communication of the National Forum of Trade Unions of Ukraine (NFTU), received on 30 April 2010, submitting comments on the draft Labour Code, and the Government’s reply received on 1 October 2010.

Discrimination on the basis of race, colour or national extraction. The Committee notes with regret that, despite the Committee’s repeated requests, the Government’s report includes no information on the measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on the grounds of race, colour and national extraction, and particularly the measures taken in respect of the Crimean Tartars and the Roma. The Committee reminds the Government of its obligation to adopt and implement a policy to promote equality in employment and occupation with a view to eliminating discrimination on all the grounds referred to in the Convention, including any discrimination on grounds of race, colour or national extraction in employment faced by groups and communities such as the Crimean Tartars and the Roma. In this context, the Committee recalls that the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations of 17 August 2006 expressed concerns over reports indicating that many Roma are deprived of their right to equal access to employment and education. The Crimean Tartars reportedly remain under-represented in the public service of the Autonomous Republic of Crimea and many of them have been excluded from the agrarian land privatization process (CERD/C/UKR/CO/18, paragraphs 11, 14 and 15). Similar issues were raised more recently by the European Commission against Racism and Intolerance in its third report on the Ukraine (CRI(2008)4, of 12 February 2008). The Committee urges the Government to provide full information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation of the Crimean Tartars and the Roma. It also requests the Government to provide statistical data indicating the extent to which members of both communities participate in vocational training, as well as in public and private employment.

Discrimination based on sex. In its previous observation, the Committee requested the Government to provide information on the progress made in implementing the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including information on any examples of positive action taken by employers, and the activities carried out by the different components of the national machinery to promote gender equality at work. The Committee also requested information on the number, nature and outcome of any appeals concerning employment discrimination filed under section 22 of the Law. Noting that the Government’s report, although containing general explanations regarding the applicable legislation, does not reply to these requests for information, the Committee urges the Government to provide this information in its next report. While noting the information provided regarding the rates of economic activity of men and women and regarding the number of women who have benefited from the services provided by the State Employment Service, the Committee reiterates its request to the Government to provide detailed statistical information on the participation of men and women in the different jobs, occupations and sectors of the economy, including data on women’s employment in managerial and decision-making positions (private and public sectors).

Sexual harassment. The Committee recalls its previous comments regarding section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men under which the employer must take measures to prevent sexual harassment, which is defined as “actions of a sexual nature, expressed verbally (threats, intimidation, indecent remarks) or physically (touching, slapping), which humiliate or insult persons who are in a position of subordination in terms of their employment, official, material or other status” (section 1). As noted previously, this definition would 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 following a high-level round table discussion organized in May 2010 by the Parliamentary Committee on Social Policy and Labour with the support of the project “Gender Equality in the World of Work in Ukraine”, co-funded by the European Union (EU) and the International Labour Office (ILO), a tripartite working group was established to elaborate amendments to the equality legislation, including provisions expanding the definition of sexual harassment and provisions relating to its prevention, including at the workplace. The Committee therefore requests the Government to take the necessary steps to expand the definition of sexual harassment to extend beyond relationships of subordination and to cover hostile environment sexual harassment, and to indicate the progress made in this regard. The Committee further reiterates its request to the Government to provide information on any complaints of sexual harassment received and addressed by the competent authorities.

Cooperation with employers’ and workers’ organizations. The Committee recalls that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men recognizes that collective bargaining should contribute to the promotion of gender equality at work by providing that collective agreements and contracts should contain provisions promoting gender equality, including time lines for the implementation of such provisions. In this context, the Committee notes that the EU–ILO technical cooperation project on gender equality in Ukraine seeks, among other things, to enable the social partners to promote, implement and monitor relevant international commitments and national laws and policies. Noting that the Government’s report does not reply to the previous comments regarding this matter, the Committee once again requests the Government to provide information on the implementation of section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including examples of collective agreements that promote and ensure gender equality in accordance with the Law. Please indicate any measures taken to seek the collaboration of employers’ and workers’ organizations on this matter, and any measures taken to support the social partners in relation to gender equality matters.

National policy on gender equality. The Committee notes that the round table organized by the Parliamentary Committee on Social Policy and Labour in May 2010 resulted in the adoption of a series of recommendations, including providing a clearer definition of gender-based discrimination covering both direct and indirect discrimination, collecting and analysing appropriate data disaggregated by sex on employment and occupation, developing a National Programme on Gender Equality, conducting large-scale public awareness-raising activities on gender equality and the need to eliminate gender-based stereotypes, and taking measures to strengthen the capacity of the enforcement bodies to identify and eliminate gender discrimination. The Committee requests the Government to indicate the measures taken to follow up the recommendations of the Parliamentary Committee on Social Policy and Labour.

Draft Labour Code. The Committee notes that the NFTU refers to the need to include the grounds of gender and conditions of birth in the draft provisions prohibiting discrimination, the need for provisions prohibiting workplace discrimination by companies, as well as procedures of investigation and sanctions for companies allowing such discrimination; and the prohibition of HIV/AIDS testing in compulsory medical examinations. The NFTU also considers restrictions on women’s rights to work in hard and dangerous working conditions, if they are physically fit to do so, as being unfair. The Committee notes the Government’s reply, received on 1 October 2010, which cites section 4 of the draft Labour Code. The Committee asks the Government to take into account the concerns raised by the NFTU in the context of the drafting process and to ensure that the new Labour Code provides effective protection against direct and indirect discrimination on all the grounds covered by the Convention and with respect to all aspects of employment and occupation. The Government is also requested to ensure that restrictions on women’s employment are strictly related to maternity, and not based on stereotyped presumptions regarding the type of employment suitable for women, and to provide information on any developments with respect to the status of the adoption of the draft Labour Code.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Discrimination on the basis of sex. 

1. In its previous observation the Committee noted that, according to the Confederation of Free Trade Unions of Ukraine (KSPU), women were facing unequal treatment in the labour market, including discriminatory recruitment practices and were concentrated in low-paid jobs, occupations and sectors. The KSPU also referred to instances where the state employment service requested employers to indicate whether they preferred to employ men or women, and where it included the sex of the worker in vacancy announcements. The Committee requested the Government to provide detailed information on the measures taken to eliminate discriminatory recruitment practices in the private and public sectors, and well as on the specific measures taken to tackle the existing inequalities between men and women in employment and occupation.

2. In this context, the Committee notes with satisfaction that the Parliament of Ukraine has adopted a Law on Ensuring Equal Rights and Equal Opportunities of Women and Men which entered into force on 1 January 2006. The Law is aimed at ensuring equality of women and men in all spheres of society, including employment, through enforcement of equal rights, the elimination of gender discrimination, and positive action to address the existing inequalities between men and women. Under section 17, equal rights and opportunities shall be granted to women and men in the field of employment, job promotion, skills development and retraining. Discriminatory job advertisements and seeking information on the private life of job applicants is prohibited. Section 17 also states that the employer has an obligation to create working conditions which enable women and men to perform work on an equal basis. Employers are authorized to take positive action aimed at achieving a balanced ratio of men and women in the different types of work and categories of workers. The Committee also notes that the Law establishes a national machinery for the promotion of gender equality, assigning specific responsibilities to a number of public bodies and institutions. Persons who deem that they have been subjected to discrimination on the grounds of gender have the right to appeal to these bodies (section 22). The Committee requests the Government to provide in its next report information on the progress made in implementing the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including information on any examples of positive action taken by employers, and the activities carried out by the different parts of the national machinery to promote gender equality at work. Please also indicate the number, nature and outcome of any appeals concerning employment discrimination filed under section 22 of the Law.

3. Sexual harassment. The Committee notes that, under the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, the employer must take measures to prevent sexual harassment (section 17), which is defined as “actions of a sexual nature, expressed verbally (threats, intimidation, indecent remarks) or physically (touching, slapping), which humiliate or insult persons who are in position of subordination in terms of their employment, official, material or other status” (section 1). The Committee notes that this definition would not appear to cover situations where conduct of a sexual nature creates a hostile working environment, irrespective of whether there is a relation of subordination between the harasser and the victim. The Committee recommends that the definition of sexual harassment be expanded to cover such situations. Please provide information on any consideration given to this matter, as well as information on any complaints of sexual harassment received and addressed by the competent authorities.

4. Situation of men and women in the labour market. The Committee notes from the statistical information provided by the Government that the employment rate for women (15–70 years) amounted to 53.1 per cent, compared to 62.8 per cent for men. The unemployment rate for women (15–70 years) was 7.7 per cent, while that of men was slightly higher at 7.9 per cent. The Committee also notes that, in 2005, 60.8 per cent of those receiving vocational training to increase their competitiveness in the labour market were women, while the rate of women among participants in public works programmes was 68 per cent. According to the report, half of those provided with work by the state employment service in 2005 were women. While the statistical data provided is useful to assess the overall situation of women in the labour market, the Committee requests the Government also to provide data on the participation of men and women in the different jobs, occupations and sectors of the economy, including data on women’s employment in managerial and decision-making positions (private and public sectors). Emphasizing that the provision of employment services free from gender-bias and discrimination is crucial to promoting and ensuring equal access of women to employment, the Committee requests the Government to indicate any specific measures taken to ensure that the operations of the state employment service are non-discriminatory and actively promote women’s equality in the labour market, particularly in the light of the newly adopted gender equality legislation.

5. Cooperation with employers’ and workers’ organizations. The Committee recalls that a gender analysis of collective agreements was undertaken within the ILO/USDOL technical cooperation project promoting fundamental principles and rights at work. In this regard, the Committee welcomes the fact that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men recognizes that collective bargaining should contribute to the promotion of gender equality at work by providing that collective agreements and contracts should contain provisions promoting gender equality, including timelines for the implementation of such provisions. The Committee requests the Government to provide information on the implementation of section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including examples of collective agreements that promote and ensure gender equality in accordance with the Law. Please indicate any measures taken to seek the collaboration of employers’ and workers’ organizations on this matter, and any measures taken to support and provide assistance to the social partners concerning gender equality matters.

Discrimination on the basis of race, colour and national extraction

6. On a number of occasions, the Committee sought information from the Government concerning the measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on the grounds of race, colour and national extraction, particularly the measures taken in respect of the Crimean Tartars and the Roma. Noting that the Government’s latest report once again fails to provide any information in reply to the Committee’s comments, the Committee wishes to point out that the Government has an obligation to adopt and implement a policy to promote equality in employment and occupation with a view to eliminating discrimination on all the grounds referred to in the Convention, including discrimination on grounds of race, colour or national extraction in employment faced by groups and communities such as Crimean Tartars and the Roma. The Committee emphasizes that under Article 3(f) of the Convention, the Government must inform the ILO of the action taken pursuant to the national equality policy and the results achieved by such action. In this context, the Committee also notes the concerns expressed by the Committee on the Elimination of Racial Discrimination over reports indicating that many Roma are deprived of their right to equal access to employment and education. Crimean Tartars reportedly remain underrepresented in the public service of the Autonomous Republic of Crimea and many of them have been excluded from the agrarian land privatization process (Concluding observations of 17 August 2006, CERD/C/UKR/CO/18, paragraphs 11, 14 and 15). The Committee requests the Government to provide in its next report full information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation of the Crimean Tartars and the Roma. This information should include statistical data indicating the extent to which members of both communities participate in vocational training, as well as in public and private employment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination on the basis of sex

1. In its previous observation the Committee noted that, according to the Confederation of Free Trade Unions of Ukraine (KSPU), women were facing unequal treatment in the labour market, including discriminatory recruitment practices and were concentrated in low-paid jobs, occupations and sectors. The KSPU also referred to instances where the state employment service requested employers to indicate whether they preferred to employ men or women, and where it included the sex of the worker in vacancy announcements. The Committee requested the Government to provide detailed information on the measures taken to eliminate discriminatory recruitment practices in the private and public sectors, and well as on the specific measures taken to tackle the existing inequalities between men and women in employment and occupation.

2. In this context, the Committee notes with satisfaction that the Parliament of Ukraine has adopted a Law on Ensuring Equal Rights and Equal Opportunities of Women and Men which entered into force on 1 January 2006. The Law is aimed at ensuring equality of women and men in all spheres of society, including employment, through enforcement of equal rights, the elimination of gender discrimination, and positive action to address the existing inequalities between men and women. Under section 17, equal rights and opportunities shall be granted to women and men in the field of employment, job promotion, skills development and retraining. Discriminatory job advertisements and seeking information on the private life of job applicants is prohibited. Section 17 also states that the employer has an obligation to create working conditions which enable women and men to perform work on an equal basis. Employers are authorized to take positive action aimed at achieving a balanced ratio of men and women in the different types of work and categories of workers. The Committee also notes that the Law establishes a national machinery for the promotion of gender equality, assigning specific responsibilities to a number of public bodies and institutions. Persons who deem that they have been subjected to discrimination on the grounds of gender have the right to appeal to these bodies (section 22). The Committee requests the Government to provide in its next report information on the progress made in implementing the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including information on any examples of positive action taken by employers, and the activities carried out by the different parts of the national machinery to promote gender equality at work. Please also indicate the number, nature and outcome of any appeals concerning employment discrimination filed under section 22 of the Law.

3. Sexual harassment. The Committee notes that, under the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, the employer must take measures to prevent sexual harassment (section 17), which is defined as “actions of a sexual nature, expressed verbally (threats, intimidation, indecent remarks) or physically (touching, slapping), which humiliate or insult persons who are in position of subordination in terms of their employment, official, material or other status” (section 1). The Committee notes that this definition would not appear to cover situations where conduct of a sexual nature creates a hostile working environment, irrespective of whether there is a relation of subordination between the harasser and the victim. The Committee recommends that the definition of sexual harassment be expanded to cover such situations. Please provide information on any consideration given to this matter, as well as information on any complaints of sexual harassment received and addressed by the competent authorities.

4. Situation of men and women in the labour market. The Committee notes from the statistical information provided by the Government that the employment rate for women (15–70 years) amounted to 53.1 per cent, compared to 62.8 per cent for men. The unemployment rate for women (15–70 years) was 7.7 per cent, while that of men was slightly higher at 7.9 per cent. The Committee also notes that, in 2005, 60.8 per cent of those receiving vocational training to increase their competitiveness in the labour market were women, while the rate of women among participants in public works programmes was 68 per cent. According to the report, half of those provided with work by the state employment service in 2005 were women. While the statistical data provided is useful to assess the overall situation of women in the labour market, the Committee requests the Government also to provide data on the participation of men and women in the different jobs, occupations and sectors of the economy, including data on women’s employment in managerial and decision-making positions (private and public sectors). Emphasizing that the provision of employment services free from gender-bias and discrimination is crucial to promoting and ensuring equal access of women to employment, the Committee requests the Government to indicate any specific measures taken to ensure that the operations of the state employment service are non-discriminatory and actively promote women’s equality in the labour market, particularly in the light of the newly adopted gender equality legislation.

5. Cooperation with employers’ and workers’ organizations. The Committee recalls that a gender analysis of collective agreements was undertaken within the ILO/USDOL technical cooperation project promoting fundamental principles and rights at work. In this regard, the Committee welcomes the fact that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men recognizes that collective bargaining should contribute to the promotion of gender equality at work by providing that collective agreements and contracts should contain provisions promoting gender equality, including timelines for the implementation of such provisions. The Committee requests the Government to provide information on the implementation of section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including examples of collective agreements that promote and ensure gender equality in accordance with the Law. Please indicate any measures taken to seek the collaboration of employers’ and workers’ organizations on this matter, and any measures taken to support and provide assistance to the social partners concerning gender equality matters.

Discrimination on the basis of race, colour and national extraction

6. On a number of occasions, the Committee sought information from the Government concerning the measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on the grounds of race, colour and national extraction, particularly the measures taken in respect of the Crimean Tartars and the Roma. Noting that the Government’s latest report once again fails to provide any information in reply to the Committee’s comments, the Committee wishes to point out that the Government has an obligation to adopt and implement a policy to promote equality in employment and occupation with a view to eliminating discrimination on all the grounds referred to in the Convention, including discrimination on grounds of race, colour or national extraction in employment faced by groups and communities such as Crimean Tartars and the Roma. The Committee emphasizes that under Article 3(f) of the Convention, the Government must inform the ILO of the action taken pursuant to the national equality policy and the results achieved by such action. In this context, the Committee also notes the concerns expressed by the Committee on the Elimination of Racial Discrimination over reports indicating that many Roma are deprived of their right to equal access to employment and education. Crimean Tartars reportedly remain underrepresented in the public service of the Autonomous Republic of Crimea and many of them have been excluded from the agrarian land privatization process (Concluding observations of 17 August 2006, CERD/C/UKR/CO/18, paragraphs 11, 14 and 15). The Committee requests the Government to provide in its next report full information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation of the Crimean Tartars and the Roma. This information should include statistical data indicating the extent to which members of both communities participate in vocational training, as well as in public and private employment.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Sexual harassment. Noting that the Government has not yet provided information in reply to the 2002 general observation on sexual harassment, the Committee requests the Government to provide this information in its next report.

2. Articles 2 and 3. Discrimination on the basis of sex. Further to its observation, the Committee requests the Government to provide statistical information on the following: (1) the participation of men and women in vocational training, retraining and skills development; (2) the distribution of men and women in the various sectors and occupations; (3) employment and unemployment rates disaggregated by sex and region; and (4) the participation of men and women in employment involving managerial or decision-making responsibilities (private and public sector).

3. The Committee notes with interest that a gender analysis of collective agreements was undertaken within the ILO/USDOL technical cooperation project: "Ukraine: Promoting fundamental principles and rights at work", followed by a tripartite seminar to discuss the results. The Government is requested to provide information on the measures taken to follow-up on the findings of this analysis.

4. Discrimination on the basis of race, colour and national extraction. The Committee notes that the Government’s report does not contain any information in reply to the Committee’s previous comments regarding the protection of ethnic minorities from discrimination in employment and occupation, in particular the Crimean Tartars and the Roma. The Committee trusts that the Government will provide the information requested in points 2 and 3 of the Committee’s 2003 direct request in its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report. It also notes the communication dated 31 August 2004 from the Confederation of Free Trade Unions of Ukraine (KSPU) which contains comments on the application of Convention No. 100. As these comments relate to gender equality in employment more generally, the Committee is addressing them under Convention No. 111. The Committee also notes the additional comments from the KSPU which the Government forwarded to the ILO in September 2005.

2. Articles 2 and 3 of the Convention. Discrimination on the basis of sex. According to KSPU, women face many obstacles with regard to equal participation in the labour market. It alleges that widespread discrimination by employers against women in recruitment limits their employment opportunities and that women are increasingly concentrated in low-paid jobs, occupations and sectors. It further alleges that private and public sector employers openly indicate preferences for employing male workers and that the State Employment Service supports such discrimination by requesting employers to indicate the desired sex of workers to be employed and by including the sex of the worker in vacancy announcements. Labour inspectors are inadequately trained to deal with discriminatory recruitment practices and no statistical information regarding the number of complaints and contraventions involving discrimination exists. In its reply to KSPU’s communication, the Government generally states that it is taking steps to ensure that all citizens enjoy equal labour rights regardless of sex and outlines the provisions relating to equal employment opportunities contained in the Constitution and labour legislation. While noting the KSPU’s statement that the Government was trying to address sex discrimination in the labour market, the Committee requests the Government to provide detailed information on the specific measures taken to eliminate discriminatory recruitment practices in the private and public sectors.

3. The Committee also refers to its previous comments on existing gender inequalities in the Ukrainian labour market where it emphasizes that the banning of discrimination is generally insufficient to eliminate it. In order to achieve the objectives of the Convention, it is necessary to take concrete and continuous measures to ensure and promote the enjoyment in practice of equality of opportunity and treatment for men and women who work or are looking for work. The Committee recommends that, in the given context, such measures should include the following: action to enhance the understanding and awareness of the principle of equality among public officials, workers, employers and society at large; measures to enable both men and women to reconcile work with family responsibilities in accordance with Convention No. 156, which the Ukraine has ratified; the promotion of equal opportunities for men and women in vocational training, retraining and career development; the enforcement of legal provisions on equality in employment and occupation; and the realization of workplace equality through collective bargaining. The Committee requests the Government to indicate in its next report the specific measures taken or envisaged for tackling existing inequalities between men and women in employment and occupation, any cooperation undertaken with workers’ and employers’ organizations in this regard, as well as the results achieved through the action taken.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the communication dated 30 May 2003 received from the Customs Employees Union of Ukraine containing comments on the draft Disciplinary Statute of the Customs Service, as well as the Government’s reply to these comments. In its communication, the Union takes the view that certain provisions of the draft Disciplinary Statute are contrary to the Convention. In the absence of the draft text in question and without indications by the Union in what respects it is contrary to the Convention, the Committee is not in a position to express itself on the matter. The Committee hopes that the Government will provide information on the developments and will supply the text for examination by the Committee, as soon as it is adopted. In addition the Committee, recalls its previous comments which read as follows.

2. The Committee notes the list of occupational guidance seminars to train women in entrepreneurial skills, and the high percentage of women’s participation in vocational training. It also notes the public works organized by the employment service in cooperation with the local bodies to provide unemployed persons with an occupation and that 63.4 per cent of the workers engaged in the programmes were women. Nevertheless, the Committee understands that women in most cases occupy lower status, low-paid positions with less job security than men. Furthermore, a higher percentage of women than men are unemployed. The Committee recalls that the banning of discrimination is generally insufficient to eliminate it and requests the Government to indicate the specific measures taken or envisaged to effectively tackle these inequalities in practice. It also asks the Government to continue to provide information on the vocational training programmes, specifying the level of participation in respect of sex and national extraction. Please also provide information on educational activities carried out in order to raise the level of awareness among the labour market actors and the general population on equality of opportunity and treatment in employment and occupation.

3. In its previous comment, the Committee requested the Government to provide information on the legal status of the returning ethnic minorities and the manner in which these groups, in particular the Crimean Tartars, are protected against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes the list of legislative provisions mentioned in the Government’s report that address deported persons and the Republican programmes of employment 2000-01 that include the section "Job security for the deported citizens", which covers the measures aimed at creating jobs and developing small businesses, occupational training and retraining of the deported citizens. Nevertheless, the Committee notes that the employment rate of Crimean Tartars is still low at 14.9 per cent. The Committee asks the Government to provide more information on the development of such programmes and on the results achieved through their implementation. The Committee also would be grateful if the Government would continue providing statistical data, disaggregated by sex, if possible, on the employment situation of ethnic minorities. Recalling the difficulties of the Crimean Tartars in acquiring Ukrainian citizenship, the Committee, once again, asks the Government to specify the legal status of returning persons belonging to ethnic minorities and the difficulties they encounter in acquiring citizenship, so that it is possible for the Committee to appreciate the coverage of the abovementioned programmes.

4. As stated in the previous comments, the Committee welcomes the equal rights provisions for the Roma in respect of employment, set out in sections 8, 9, 10 and 11 of the Employment of the Population Act. The Committee again asks the Government to provide information on the measures taken or envisaged to secure observance of the legislation in conformity with the Convention, including measures to promote or accelerate equal access to jobs, occupations, vocational training, skill development and education for the Roma. The Committee requests the Government also to supply data and statistics, disaggregated by sex if possible, on the employment situation of the Roma.

5. The Committee notes the information regarding labour inspections, the imposition of penalty sanctions for violation of the labour legislation for refusing employment to individuals belonging to groups that need social support and cannot compete on equal terms in the labour market. The Committee would be grateful if the Government would continue to provide information in this regard, and on the mandate, powers and activities of the State Department on the Supervision over the Observance of the Labour Legislation set up in 2000.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. The Committee notes the list of occupational guidance seminars to train women in entrepreneurial skills, and the high percentage of women’s participation in vocational training. It also notes the public works organized by the employment service in cooperation with the local bodies to provide unemployed persons with an occupation and that 63.4 per cent of the workers engaged in the programmes were women. Nevertheless, the Committee understands that women in most cases occupy lower status, low-paid positions with less job security than men. Furthermore, a higher percentage of women than men are unemployed. The Committee recalls that the banning of discrimination is generally insufficient to eliminate it and requests the Government to indicate the specific measures taken or envisaged to effectively tackle these inequalities in practice. It also asks the Government to continue to provide information on the vocational training programmes, specifying the level of participation in respect of sex and national extraction. Please also provide information on educational activities carried out in order to raise the level of awareness among the labour market actors and the general population on equality of opportunity and treatment in employment and occupation.

2. In its previous comment, the Committee requested the Government to provide information on the legal status of the returning ethnic minorities and the manner in which these groups, in particular the Crimean Tartars, are protected against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes the list of legislative provisions mentioned in the Government’s report that address deported persons and the Republican programmes of employment 2000-01 that include the section "Job security for the deported citizens", which covers the measures aimed at creating jobs and developing small businesses, occupational training and retraining of the deported citizens. Nevertheless, the Committee notes that the employment rate of Crimean Tartars is still low at 14.9 per cent. The Committee asks the Government to provide more information on the development of such programmes and on the results achieved through their implementation. The Committee also would be grateful if the Government would continue providing statistical data, disaggregated by sex, if possible, on the employment situation of ethnic minorities. Recalling the difficulties of the Crimean Tartars in acquiring Ukrainian citizenship, the Committee, once again, asks the Government to specify the legal status of returning persons belonging to ethnic minorities and the difficulties they encounter in acquiring citizenship, so that it is possible for the Committee to appreciate the coverage of the abovementioned programmes.

3. As stated in the previous comments, the Committee welcomes the equal rights provisions for the Roma in respect of employment, set out in sections 8, 9, 10 and 11 of the Employment of the Population Act. The Committee again asks the Government to provide information on the measures taken or envisaged to secure observance of the legislation in conformity with the Convention, including measures to promote or accelerate equal access to jobs, occupations, vocational training, skill development and education for the Roma. The Committee requests the Government also to supply data and statistics, disaggregated by sex if possible, on the employment situation of the Roma.

4. The Committee notes the information regarding labour inspections, the imposition of penalty sanctions for violation of the labour legislation for refusing employment to individuals belonging to groups that need social support and cannot compete on equal terms in the labour market. The Committee would be grateful if the Government would continue to provide information in this regard, and on the mandate, powers and activities of the State Department on the Supervision over the Observance of the Labour Legislation set up in 2000.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report.

1. Article 1(1)(a) of the Convention. Further to its previous comments regarding application of the principle of non-discrimination, the Committee recalls the Government's reference to article 24 of the Ukrainian Constitution, adopted by the Supreme Council on 28 June 1996, which establishes that all Ukrainian citizens enjoy equal constitutional rights and freedoms and are equal before the law, and prohibits the establishment of privileges or restrictions based upon race, colour, political, religious or other beliefs, sex, ethnic and social origin, wealth, place of residence, language or other characteristics. The Committee notes from the report that section 2(1) of the Ukrainian Labour Code of 10 December 1997 guarantees equality of labour rights for all Ukrainian citizens, whereas section 21 of the Act On the Payment of Wages of 24 March 1995, No. 108/95-VP provides that citizens enjoy equal rights in respect to their remuneration in employment. Further, the National Minorities Act, 1992 guarantees citizens equality of freedom, political, social, economic and cultural rights, regardless of their national origin. The Committee notes the limitation of the aforementioned protections to citizens. It also notes that article 26 of the Constitution provides that "aliens and stateless persons who reside in the Ukraine on a legal basis enjoy the same rights and freedoms and have the same duties as citizens of Ukraine, except in cases prescribed by the Constitution, laws, or international treaties of Ukraine". In this connection, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination concerning the difficulties in acquiring citizenship experienced by members of certain minority groups, in particular the Crimean Tartars, that were deported from the Ukraine decades earlier and have now returned to resettle in Ukraine (CERD/C/299/Add. 14, paragraph 18) (March 1997). Recalling that the Convention protects all persons from discrimination in employment and occupation, the Committee requests the Government to provide information on the legal status of the returning ethnic minority groups and the manner in which these groups are protected against discrimination in employment and occupation on the grounds set out in the Convention.

2. The Committee notes with interest the Government's statement that the Roma enjoy equal rights in employment, including occupational guidance, vocational training and rehabilitation (sections 2, 8 and 9 of the Ukrainian Employment Act). The Committee requests the Government to provide information on all measures taken or contemplated to secure observance of this legislation in conformity with the Convention, including measures to ensure equal access to jobs and occupations, vocational training and terms and conditions of employment for the Roma.

3. Article 2. The Committee notes from the Government's report that women constitute the overwhelming majority of persons laid off from employment in enterprises and organizations, and that women find it more difficult to find other work and re-enter the Ukrainian labour market. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that, therefore, affirmative action measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups subject to discrimination to work in all sectors of activity and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the measures taken to raise awareness of national legislation and international standards on women's rights, including the Government's joint project with the Office. It also notes with interest the adoption of a National Plan of Action for 1997-2000 on 8 September 1997, outlining measures for improving the situation of women, as well as the adoption on 5 March 1999 of Declarations setting out the state policy in respect of families and women. The Government is requested to supply copies of these texts in its next report. In addition, the Committee requests the Government to supply information on the activities of the State Committee for Family and Young People's Affairs, including its Coordinating Council for Women's Affairs and Gender Council, and positive actions undertaken to strengthen women's participation in the labour market.

4. Article 3. The Government indicates that, in 1998, the State Employment Service provided occupational guidance services to 1.8 million people, more than twice the number that utilized such services in 1997. In addition, the Government reports that 105,200 Ukrainian citizens undertook vocational training and rehabilitation courses in 1998, 55 per cent more than in 1997. The Committee notes with interest that 60,300 of these trainees (57 per cent) were women. It further notes the development and introduction of modular vocational training programmes in various regions of Ukraine. The Government is requested to supply information concerning the distribution of men and women and ethnic minorities in the different vocational training programmes offered, including whether any measures have been taken or are contemplated to facilitate the participation of workers with family responsibilities.

5. The Committee would be grateful if the Government would continue to provide information on the activities of the tripartite advisory body on labour and social affairs, the National Council for Social Partnership, particularly with regard to any concrete measures taken relevant to the application of the Convention.

6. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to ensure observance of the provisions of the Employment Act, 1992. The Government indicates that labour inspections conducted in enterprises, organizations and institutions registered 1,293 cases where persons unable to compete on an equal footing in the labour market were refused employment in a reserved position. In 984 of the cases, the inspections resulted in the imposition of fines.

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

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.

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

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following points.

1. Further to its observation and while noting with particular interest the inclusion in section 3 of the Population Employment Act, 1991, of all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention, the Committee would be grateful if the Government would provide information on the meaning of the clause "taking into account abilities and professional training", so as to ensure that it does not impose limits on the guarantee of equal opportunities. Furthermore, noting the enabling provisions for supervisory authorities and liability for breach of the employment legislation, set out in sections 34 and 35 respectively, the Committee requests the Government to indicate the manner in which the application of the legislation is supervised and enforced, including any penalties or sanctions that may be imposed.

2. (i) The Committee previously noted the statistics supplied by the Government on the percentage of women employed in various sectors of activity, and of the percentage of women managers in state undertakings. It also noted the Government's indication that statistics are not available on the percentage of men and women in various managerial posts. In view of the importance of adequate statistical data to provide the basis for developing policies and measures to promote equality between men and women in employment, the Committee hopes that the Government will be able to collect more detailed statistics on the employment situation of women, and in particular statistics on the relative proportion of men and women at various levels of responsibility, including managerial and other levels of decision-making authority, in different sectors of activity, and that it will be able to provide such statistics in its future reports.

(ii) The Committee also requests the Government to provide information on the policies, programmes or other measures taken or pursued with a view to promoting equality of opportunity and treatment of men and women in employment and occupation, in regard to access to training; access to and security of employment; and terms and conditions of employment, particularly in the light of the adjustments which are taking place in the economy of Ukraine.

3. The Committee reiterates its request contained in its previous comments for detailed information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction.

4. The Committee requests the Government to continue to provide information on any other measures taken or contemplated, particularly within the framework of the new legislation and of the reforms in the country's institutions and economic system which directly or indirectly impact upon equality of opportunity and treatment in employment or occupation as provided for in the Convention.

5. The Committee requests the Government to indicate the manner in which it seeks the cooperation of employers' and workers' organizations and other appropriate bodies in securing application of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's report as well as information contained in a letter dated 2 December 1991 from the Permanent Representative of Ukraine to the United Nations Office in Geneva submitted to the 47th Session of the UN Commission on Human Rights (E/CN.4/1992/59) and the Twelfth Periodic Report of Ukraine submitted to the UN Committee on the Elimination of Racial Discrimination on 16 October 1992 (CERD/C/226/Add.3).

1. The Committee notes with satisfaction new section 2-1 of the Labour Code of Ukraine added in 1991 which guarantees equal employment rights for all citizens irrespective of their origin, social or material circumstance, race, nationality, sex, language, political and religious convictions, occupation, place of domicile or any other circumstance in accordance with the grounds set out in Article 1, paragraph 1(a), of the Convention and section 17 which makes it unlawful to deny an individual employment without proper justification.

2. The Committee notes with interest the adoption on 1 March 1991 of the Population Employment Act of Ukraine which, in section 3, guarantees to all citizens equal opportunities and the right of free choice of activities irrespective of origin, social and material circumstance, race, nationality, sex, age, political convictions and attitude toward religion, taking into account abilities and professional training, and which, in section 6, extends these guarantees to foreign persons residing permanently in Ukraine and to other non-citizens unless otherwise regulated by law.

3. The Committee also notes with interest the adoption of the Declaration of the Rights of Nationalities in Ukraine by the Supreme Council of Ukraine which, inter alia, provides that discrimination on grounds of national traits is prohibited and punishable by law (section 1) and which guarantees all peoples and national groups the right to make free use of their native languages in all areas of public life, including education, production and the acquisition and distribution of information (section 3). The Committee requests the Government to indicate the measures taken to implement these provisions of the Declaration and any impact it may have on the promotion of employment opportunities for minority groups in Ukraine.

4. The Committee notes the adoption on 17 April 1991 of the Law to Provide Rehabilitation to Victims of Political Repression in Ukraine and would be grateful if the Government would provide information on the measures taken to implement its provisions and the results achieved in respect of compensation for loss of employment and related benefits.

5. The Committee notes that a new draft Constitution of Ukraine is still in preparation which will, according to the Government, comply with the provisions of Article 1 of the Convention. It trusts that the Government will communicate a copy of the final version to the Office upon its adoption.

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

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Further to its observation, the Committee wishes to make the following comments:

(i) The Committee notes with interest the statistics supplied by the Government in reply to its previous direct request on the percentage of women employed in various sectors of activity, and of the percentage of women managers in state undertakings. It also notes the Government's indication that statistics are not available on the percentage of men and women in various managerial posts. In view of the importance of adequate statistical data to provide the basis for developing policies and measures to promote equality between men and women in employment, the Committee hopes that the Government will be able to collect more detailed statistics on the employment situation of women, and in particular statistics on the relative proportion of men and women at various levels of responsibility, including managerial and other levels of decision-making authority, in different sectors of activity, and that it will be able to provide such statistics in its future reports.

(ii) The Committee also requests the Government to provide information on the policies, programmes or other measures taken or pursued with a view to promoting equality of opportunity and treatment of men and women in employment and occupation, in regard to access to training; access to and security of employment; and terms and conditions of employment, particularly in the light of the adjustments which are taking place in the economy of the Ukraine.

2. The Committee reiterates its request contained in its previous comment for information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction.

3. The Committee requests the Government to continue to provide information on any other measures taken or contemplated, particularly within the framework of the new USSR Constitution and of the reforms in the country's institutions and economic system which directly or indirectly impact upon equality of opportunity and treatment in employment or occupation as provided for in the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted the information supplied by the Government in answer to its previous direct request. With respect to the information supplied on the legislation of the USSR, the Committee refers to its comments concerning the USSR. With respect to the information supplied on the legislation of the Ukraine, the Committee wishes to make the following comments:

1. The Committee notes with interest the adoption of the Act of 24 October 1990 of the Supreme Soviet of the Ukrainian SSR which repeals article 6 of the Constitution of the Ukrainian SSR regarding the leading role of the Communist Party of the Soviet Union in the state and communal systems and amends article 7 of the Constitution to provide for political parties and the communal organisations and movements to participate, through the intermediary of their representatives elected to the Soviets of Peoples' Deputies, and in other ways, in the drafting and implementation of the Republic's policy and in the administration of state and communal affairs. It also notes that in the context of perestroika, a number of political conditions contained in basic legislation still in force, at both Union and Republic level, for the protection and certification of leading scientific and teaching personnel are the subject of substantial changes and classifications consistent with the provisions of Convention No. 111, and that in the Ukrainian Bill concerning higher education which is in preparation, emphasis is only put on the professional qualifications and moral qualities of candidates. The Committee hopes that in its next report the Government will be able to indicate the steps which have been taken to delete, from the Ukrainian laws and legislation applicable to the certification and selection of scientific and teaching personnel and of employees in all sectors of the economy, any requirements based on ideological or political criteria, in accordance with the Convention.

2. The Committee notes with interest that a new draft Constitution of the Ukraine is being prepared, which will consolidate the de facto equality of rights of citizens, regardless of their political convictions. The Committee therefore hopes that the new draft Constitution will expressly provide for equality in employment and occupation based on all the grounds, including political opinion, mentioned in Article 1, paragraph 1(a), of the Convention.

3. The Committee notes that pursuant to the Order on the Introduction into Force of the Fundamental Principles Law of the USSR and Union Republics on Employment of Population of USSR of 15 January 1991, the Republics are to adapt their legislation to the provisions of the Fundamental Principles Law. It would be grateful if the Government would provide information on the measures taken or contemplated to adapt the Ukrainian legislation accordingly. In this connection, the Committee recalls that section 16 of the Labour Code of the Ukrainian SSR which provides for equality before the law without distinction based on particular grounds does not refer to political opinion, while section 4 of the Fundamental Principles Law, concerning equality of opportunity, also covers "political convictions".

In this connection, the Committee also notes the Government's statement in its report that review of basic legislation is taking place in accordance with the policy adopted in the Republic of carrying out radical socio-economic and political changes, and that draft legislation respecting regulation of labour relations during the transition to a market economy and employment of the population of the Ukrainian SSR, inter alia, have been prepared. The Committee hopes the preparation of new legislation will take place in light of the requirements of Convention No. 111 and that due consideration will be given to the points raised by the Committee in previous comments. It requests the Government to keep it informed of the progress made in this regard and to supply copies of new legislation upon adoption.

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information provided by the Government in answer to its previous direct request.

1. In its previous comments, the Committee referred to a number of legislative texts adopted at the level of the USSR concerning higher studies and employment in academic, teaching, managerial and specialist positions. It noted that the texts in question included conditions of a political and ideological nature among the qualifications required, and requested the Government to re-examine them in the light of the provisions of the Convention.

The Committee notes the Government's statement that, under certain new texts concerning the evaluation of workers, professional qualifications constitute the essential criterion for evaluating candidates to fill positions. In this connection, it would appreciate further information on the following points:

(a)Please provide a copy of Decree No. 500 of 10 July 1987 laying down rules for filling positions of teaching staffs in higher educational institutions which, according to the Government's report, has replaced Decree No. 435 of 15 May 1973.

(b)Please indicate whether the above-mentioned Decree of 1987 has also repealed or modified the other legislative provisions relating to higher education to which the Committee had referred in its previous comments, namely:

- the methodological instructions for the verification of the quality of basic types of instruction at higher educational institutions of the USSR, approved by the State Inspectorate of Higher Educational Institutions, of 2 October 1978;

- Decree No. 1067 of 29 December 1975 of the USSR Council of Ministers concerning the procedure for awarding academic degrees and academic titles.

(c) Please indicate whether any changes have been made in the conditions and procedures for attestation of teachers of general education schools, as laid down in Decree No. 273 of 16 April 1974 of the USSR Council of Ministers.

(d) Please indicate whether any new provisions have replaced or modified the provisions on the attestation of managerial and engineering-technical employees and other specialists in industry, agriculture, transportation and communications, mentioned in the Committee's previous comments (Decree No. 531 of 26 July 1973 of the USSR Council of Ministers and the decree governing the procedure for such attestation). Please provide copies of any such new provisions.

2. The Committee has taken note of the regulations on the procedure for the attestation of senior officials in the administrative machinery of state and social bodies, approved by Order No. 153 of 5 March 1987. It notes that this procedure requires an appraisal (inter alia) of the political qualities of the workers concerned. It would appreciate more precise information on the categories of officials affected by these requirements, the range of state and social bodies to which they apply, and the reasons why political qualities are a condition for occupying the posts in question.

3. The Committee has taken note of the Act of the USSR of 30 June 1987 on state enterprises. It notes that, under section 6(1) of this Act, the Party organisation of an enterprise, as its political nucleus and within the framework of the Constitution of the USSR, is to guide the work of the entire collective, its self-management bodies, trade union and public organisations. According to section 8(1), staff is to be selected, placed and trained by the management and the Party organisation. Section 8(2) provides for the steady raising (inter alia) of the political level of the entire workforce. Section 8(3) requires the executive staff to possess a high degree of political qualities, in addition to business skills and moral qualities.

The Committee requests the Government to re-examine these provisions in the light of the requirements of Convention No. 111, and to indicate any measures taken or contemplated to ensure equality of opportunity and treatment, irrespective of political opinion, in regard to employment in state enterprises.

4. The Committee notes that article 32 of the Constitution of the Ukrainian SSR, which provides for equality before the law without distinction based on such grounds as origin, social status, race, sex, attitude to religion, etc., does not refer to political opinion. This criterion also is not mentioned in other provisions relating to equality of opportunity and treatment, such as section 22 of the Labour Code of the Ukrainian SSR and section 4 of the Act of the Ukrainian SSR of 28 June 1974 on national education. The Committee requests the Government to indicate any measures taken or contemplated to ensure that the relevant constitutional provisions and legislative texts for implementing them in fields related to the application of Convention No. 111 cover all grounds of distinction enumerated in Article 1, paragraph 1(a) of the Convention.

5. The Committee would appreciate information concerning the extent of the participation of women in the labour force, including statistical data on the relative proportions of men and women at various levels of responsibility in different sectors of activity.

The Committee also requests the Government to provide information on the policies and programmes pursued, in the framework of reconstruction of the country's economic system, with a view to promoting equality of opportunity and treatment of men and women in employment and occupation.

6. The Committee has noted the indications contained in the Government's reports on implementation of the Convention on the Elimination of All Forms of Racial Discrimination concerning the different nationalities and peoples who compose the population of the Ukrainian SSR. It would accordingly appreciate information on the policies and programmes pursued with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, religion or national extraction, more particularly as regards access to training, access to employment and to different occupations, and conditions of employment.