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

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Observation

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the adoption of the Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination, applying to both the public and private sectors, under which sexual harassment is defined as “any form of malicious, improper, verbal, non-verbal or physical sexual conduct, which is directed at, or constitutes an affront to, a person’s honour and dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for the person” (section 6). While noting with interest the introduction of legislation prohibiting and protecting against sexual harassment, the Committee observes that the definition of sexual harassment under the Act does not include an explicit prohibition of quid pro quo sexual harassment. The Committee recalls that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment. It further recalls that quid pro quo sexual harassment includes any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of a person, 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. (see 2023 General Survey “Achieving Gender Equality at Work”, paragraphs 112 and 113). The Committee also notes the information provided by the Government that a document entitled “Review and analysis of legislation and policies of Tajikistan affecting sexual and gender-based violence against women and girls, and their compliance with international standards. Conclusions and recommendations” provided recommendations for developing and improving the national legislative and regulatory framework related to the implementation of sexual and gender-based violence-related legislation and policies. The Committee asks the Government to: (i) consider including a comprehensive definition and an explicit prohibition of quid pro quo sexual harassment, when amending Act No. 1890 of 19 July 2022, and provide information in this regard ; and (ii) take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations as well as enforcement officials. The Committee asks the Government to provide detailed information on: (i) any measures taken in this regard; and (ii) the conclusions and recommendations of the Review and analysis of legislation and policies related to sexual and gender-based violence against women.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. The Committee recalls the list of 336 occupations where women’s employment is prohibited, under section 216 of the Labour Code, pursuant to Government Decision No. 179 of 4 April 2017. It considers that 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. Lists of types of work or occupations prohibited because of the danger they pose to health, including reproductive health, should be determined on the basis of an assessment based on scientific evidence and progress, as well as technological developments, showing that there are specific risks to the health of women and, if applicable, of men. Restrictions to employment beyond maternity protection in the strict sense are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures to protect the health of men and women (2023 General Survey, paragraph 86). In this regard, the Committee welcomes the Government’s indication that: (1) the list of occupations prohibited for women is a legacy from the past, and its reduction will support the national economy, and enable many women to find work they like and fulfil themselves professionally; (2) the Ministry of Labour, Migration and Employment (MLME) has initiated the establishment of an inter-agency working group of representatives of sectoral ministries and agencies, in certain sectors in which women are prohibited from working, to examine each occupation in order to determine, on the basis of risk assessment results, whether or not there are specific risks to women’s health and/or safety, in cooperation with trade unions and employers’ associations and the academic community; and (3) the MLME officially announced the planned revision of the list on 10 March 2023 and requested the working group’s technical support; and (4) full support has been expressed and consultations are currently ongoing with UN Women in the country. The Committee asks the Government to ensure that, in the context of the revision of the list in Government Decision No. 179 of 4 April 2017, protective measures are limited to maternity protection in the strict sense and/or are based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee notes the examples provided relating to “inherent requirements” as envisaged under section 7(2) of the Labour Code, in relation to age, citizenship, and having not committed a crime. With regard to special measures of protection and assistance, the Committee notes that the newly adopted Act No. 1890 of 19 July 2022 provides for: (1) temporary measures that are not considered discrimination, provided that as a result of the implementation of such measures, special rights are not granted to different groups of persons and that they are carried out for legitimate purposes and in a reasonable proportion between the means used and the objectives set with regard to vulnerable groups and requirements for citizenship (section1.3); and (2) positive measures that are temporary special legislative, administrative and practical measures aimed at protecting persons who are disadvantaged compared to other persons in order to eliminate past disadvantages and ensure the achievement of full equality (section 11). The Committee asks the Government to provide examples of: (i) jobs for which there are inherent requirements that would not be considered discriminatory, including any administrative or judicial decisions in this regard; and (ii) special and temporary measures adopted pursuant to section 1.3 and positive measures adopted pursuant to section 11 of Act No. 1890 of 19 July 2022.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous report, the Government indicated that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it would examine the question of revising the legislation in this regard. The Committee notes that the Government has not provided any information on this point and therefore reiterates its request to the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls the Governments statement in its past report that, in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights, and for this reason it does not consider it necessary to amend the Law on Civil Service. In the context of the proposed harmonization of legislation with the newly adopted Act No. 1890 of 19 July 2022, and to ensure all civil servants have effective access to enforcement mechanisms and full legal clarity, the Government asks the Government to consider amending the Law on Civil Service to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service, including on any cases of discrimination brought to the relevant authorities by civil servants.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls the conclusions of the Committee on the Application of Standards of the International Labour Conference, at its 108th Session (June 2019), calling upon the Government to provide without delay information on the implementation in practice of the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights (No. 89 of 1 March 2005). The Committee notes the Government’s indication that: (1) in March 2023, a round table of the Alliance of Women Parliamentarians of Tajikistan was held to discuss the Act on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of Such Rights; and (2) the Alliance will hold parliamentary hearings on the implementation of laws and regulations relating to gender equality, including the results of the round table to share feedback and challenges identified. The Committee asks the Government to provide information on the outcome of such hearings, in particular regarding the implementation of Act No. 89 of 2005 as well as any results of positive measures taken to improve women’s access to employment.

Civil Service. The Committee notes the Government’s indication that a Presidential Decree on Amendments and Additions to Presidential Decree No. 647 of 10 March 2016 was signed on 19 April 2017 (No. 869) according to which the Regulations on the Procedure for Competitive Recruitment for Vacant Administrative Positions in the Civil Service provides benefits for women, and adds three additional points upon their first appointment to the civil service. It further notes that: (1) 18,701 people are employed as civil servants and there are 2,977 vacant positions, while the number of women is 4,518, or 24.2 per cent of the total number of active civil servants; and (2) this number has changed less than one per cent since 2015. The Committee asks the Government to provide information about further measures adopted to increase the participation of women in the civil service at all levels and the results achieved to that end. It further requests the Government to provide detailed and updated information on the labour force participation in the civil service, disaggregated by sex and occupational level.

Promoting access of girls and women to vocational education and training. The Committee notes from the Government’s report that: (1) it has adopted a policy of accelerating gender equality through education through a National Programme for Human Rights Education; and (2) quotas continue to be granted for girls from rural areas to enrol at institutes of higher education. It also welcomes the detailed information on : (1) the rate of women and girls enrolled in primary vocational training institutions, and in educational institutions of the Labour and Employment Agency, in short-term training courses; (2) the preferential interest-free loans for the development of self-employment the free vocational training courses, and career guidance services for women; and (3) the Programme for the Development of Handicrafts for 2021-25, which gives an opportunity to involve women and girls living in villages in training and provide them with interest-free loans For developing their traditional craftsmanship businesses. The Committee asks the Government to: (i) pursue its efforts to improve girls’ and women’s enrolment in vocational education and training at all levels and in a wider range of vocational training courses; and (ii) provide information on the results achieved.

Awareness-raising and enforcement. The Committee notes the powers the Commissioner for Human Rights, under section 13 of the newly adopted Act No. 1890 of 19 July 2022, in relation to ensuring equality and eliminating any form of discrimination. It further notes the Government’s indication that the Women’s and Family Affairs Committee (CWFA) of the Resource Centre for Gender Equality and the Prevention of Domestic Violence operates a hotline which was contacted in 2021–22, by three women in relation to discrimination in the workplace. In this regard, the Committee would like once again to draw the Government’s attention to the fact 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 lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the Fundamental Conventions, paragraphs 870–71). Regarding awareness-raising, the Committee notes the information provided by the Government that: (1) it is envisaged that in the fall of 2023, the Alliance of Women Parliamentarians will hold parliamentary hearings on the implementation of laws and regulations related to gender equality; (2) the topics of domestic violence and discrimination against women have been has been introduced as part of the training curriculum in State primary vocational education institutions, and for managerial and engineering and teaching staff of primary vocational education institutions at the State Centre for Advanced Training and Retraining of Labour, Migration and Employment Personnel. The Committee asks the Government to provide information on: (i) any specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation; (ii) the number of inspections carried out and violations detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case; and (iii) the activities of the CWFA and the Commissioner for Human Rights concerning the handling of complaints of discrimination in employment and occupation. The Committee also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.