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Sexual harassment. The Committee refers to its previous comments requesting information on the measures taken by parties to collective agreements with a view to preventing sexual harassment at work, as required by section 31 of the Labour Code, and any educational or awareness-raising measures undertaken by the Government as a means of preventing sexual harassment at work. The Committee notes that the Government’s report only reiterates the applicable legal provision (section 31 of the Labour Code). The Committee again requests the Government to provide information on any measures taken and effectively implemented by the workers’ and employers’ organizations, or the Government, with a view to preventing and addressing sexual harassment at the workplace, including specific examples of awareness-raising activities carried out.

Exclusion of women from certain occupations, and special protective measures. The Committee has raised concerns over a number of years regarding the exclusion of women from certain occupations, pursuant to Decision No. 170 of 20 October 1999, made under section 241 of the Labour Code. The Committee notes the Government’s indication that the labour policy concerning women is based on the principle of making women’s work easier. According to the Government, this is achieved through measures relating to both their biological characteristics and their family responsibilities. The Committee understands from the Government’s reply that the main reason behind the establishment of a list of occupations prohibited to women is the will to protect their health and safety. In this respect, the Committee recalls that special protective measures for women, which are based on stereotyped perceptions regarding their capacity and role in society, violate the principle of equality of opportunity and treatment in employment and occupation. It considers that such measures should be limited to maternity protection, so as not to constitute obstacles to the recruitment and employment of women. The Committee therefore asks the Government to review Decision No. 170, of 20 October 1999, establishing the list of occupations from which women are excluded, to ensure that special protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. Please provide information on the steps taken in this regard.

Cooperation with workers’ and employers’ organizations. The Committee notes that a general collective agreement, which determines, inter alia, agreed action in the field of labour relations, was concluded for 2008–09 between the Confederation of Trade Unions of Azerbaijan and the National Confederation of Entrepreneurs. The Committee requests the Government to provide information on specific measures or action undertaken by the parties to the general collective agreement to promote effectively the principle of equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin.

Enforcement. The Committee understands from the annual report on the activities of the Human Rights Ombudsperson (2009) that she collaborated with the State labour inspectorate as regards violations of labour legislation. Noting that the report does not mention any complaints or cases concerning discrimination, the Committee requests the Government to provide detailed information on the mandate and powers of the Human Rights Ombudsperson in the field of labour legislation, especially discrimination in employment and occupation. It further requests the Government to provide information on the cooperation developed with the State labour inspectorate in this area, including as regards the examination and the outcomes of complaints submitted by workers. Please also communicate information on the number, the nature and the outcome of discrimination cases dealt with by these enforcement authorities.

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Gender equality in employment and occupation. The Committee notes the adoption of the “Gender programme on transforming into reality the Employment Strategy for 2007–10” setting out the strategy to address issues regarding the employment of women and provide gender equality in employment. The Government’s report contains general information that indicates that measures are being implemented under this programme in order to: monitor the employment quotas for citizens in need of protection established pursuant to Decree No. 213 of 22 November 2005; improve the competitiveness of women in the labour market through vocational training; and investigate the reasons for women’s unemployment. The Committee notes, however, that the Government does not provide any indication with respect to the type and the coverage of the measures implemented during the reporting period and their impact on gender equality. The Committee further notes that the “Integrated programme of Azerbaijan on combating day-to-day violence in a democratic society” was approved in 2007. According to the Government’s report, this programme provides for the development of strategic plans aiming at prohibiting discrimination based on gender and other characteristics. Furthermore, the Government indicates that, within the framework of the Decent Work Country Programme, measures are being taken to develop women’s entrepreneurship and pilot projects are being conducted on women’s self employment. The Committee welcomes the adoption of various programmes to promote gender equality and address sex discrimination and requests the Government to provide specific information on progress made regarding the following:

(i)    the implementation of measures taken to promote gender equality under the Gender Programme to implement the Employment Strategy;

(ii)   any strategic plan adopted with a view to prohibiting discrimination; and

(iii)  measures implemented within the framework of the Decent Work Country Programme.

Please include indications of the time frame for such measures and action and their impact on achieving equality between men and women in employment and occupation. The Committee further requests the Government to communicate the results of the study concerning the reasons for women’s unemployment.

The Committee welcomes the statistical data provided by the Government on the situation of women in the labour market. This data for 2008 shows that women were basically concentrated in education – they represented 72.5 per cent of the workers employed in this sector – health and social services (71.3 per cent) and manufacturing (60 per cent), thereby demonstrating significant horizontal gender segregation in the labour market. There also appears to be vertical gender segregation as according to the report submitted by Azerbaijan to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), only 2 per cent of the women employed in state bodies are in decision-making positions (CEDAW/C/AZE/Q/4/Add.1, paragraph 16). The Committee further notes that the CEDAW in its concluding observations expressed regret at the lack of correlation between women’s education levels and economic opportunities and noted with concern that women continue to be concentrated in traditional female education subjects (CEDAW/C/AZE/CO/4, 7 August 2009, paragraphs 29 and 32). The Committee requests the Government to take concrete action to address the horizontal and vertical gender segregation in the labour market and to adopt concrete measures to improve the participation rates of women in those economic sectors and occupations in which they are under-represented, including through their participation in a wider range of vocational training courses leading to employment with opportunities for advancement and promotion. It further requests the Government to provide information on the measures taken or envisaged to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities.

The Committee further notes that the Government affirms once again its intention to develop and submit to the relevant bodies for review a proposal to improve the labour legislation with a view to prohibiting discrimination in employment on the basis of gender and other characteristics and notes with interest that it has recently ratified the Workers With Family Responsibilities Convention, 1981 (No. 156). The Committee also notes that the Government is considering ratifying the Maternity Protection Convention, 2000 (No. 183), and is taking measures to improve the enforcement of labour legislation by the State Labour Inspection. The Committee requests the Government to indicate the progress made in the examination of the national legislation with a view to ensuring compliance with international labour standards on gender equality and the examination of the possibility of ratifying the Maternity Protection Convention, 2000 (No. 183).

Equal opportunity and treatment of ethnic minorities. For a number of years, the Committee has raised concerns regarding discrimination faced by members of ethnic minorities in the fields of employment and education. The Government has provided very little information in reply to the Committee’s specific requests, especially as regards the implementation of the Convention’s principles in practice through concrete measures. The Government indicates that the “Integrated programme of Azerbaijan on combating day-to-day violence in a democratic society” provides for the development of strategic plans aiming at prohibiting discrimination based on gender and other characteristics and it reiterates that the national legislation prohibits discrimination against ethnic minorities. The Committee recalls that it is not sufficient to prohibit all kinds of discrimination, either by national legislation or by any other means in order to apply the Convention. Specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation, and special measures may be needed to compensate for imbalances resulting from discrimination (Special survey on equality in employment and occupation, 1996, paragraphs 135–137, 279). The Committee notes further that in its concluding observations the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern about significant disparities in the enjoyment of economic, social and cultural rights that persist in Azerbaijan and particularly affect ethnic groups in rural and mountainous and remote areas (CERD/C/AZE/CO/6, 7 September 2009, paragraph 6). The Committee requests the Government to provide detailed information on any concrete measures taken and action undertaken to promote equality of opportunity and treatment of members of different ethnic minorities in education, training and employment, within the framework of any strategic plan aimed at prohibiting discrimination based on gender and other characteristics or under the Employment Strategy (2006–15). It requests the Government to provide information on the progress achieved in this respect, including the implementation of the employment quota system with respect to members of ethnic minorities, as well as statistical information, disaggregated by sex, on the economic activities of the different ethnic groups, based on the data from the census which was to be conducted in April 2009.

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

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Sexual harassment. The Committee requests the Government to provide information on the implementation and enforcement of the provisions prohibiting sexual harassment at work contained, respectively, in the Labour Code, the Criminal Code and the Act on ensuring Gender Equality. In this regard, the Government is requested to provide information on any measures taken by parties to collective agreements with a view to preventing sexual harassment at work, as required by section 31 of the Labour Code and any educational or awareness‑raising measures undertaken by the Government as a means of preventing sexual harassment at work. Please also indicate whether any cases concerning sexual harassment at work have been dealt with by the competent authorities, and the results thereof.

Protective measures. The Committee stresses that the examination of the national legislation as envisaged under the Decent Work Country Programme (DWCP) should include a review of the list of hazardous workplaces and occupations which are prohibited for women by virtue of Decision No. 170 of 20 October 1999 in relation to section 241 of the Labour Code. As indicated by the Committee, this list appears to be very extensive. It is thus necessary to examine, in cooperation with workers’ and employers’ organizations the reasons for these restrictions in order to ensure that they do not go beyond what is necessary to protect women’s reproductive functions and that they are not based on stereotyped assumptions. The Committee requests the Government to indicate any progress made in the re-examination of Decision No. 170 of 20 October 1999.

Ethnic minorities. The Committee recalls the concerns it has expressed in its previous comments concerning discrimination faced by members of ethnic minorities in the fields of employment and education. In this regard, the Committee notes that the Government has provided very little information in reply to the Committee’s specific requests. However, the Committee notes the statistical information on the economic activity of the different ethnic groups based on the 1999 census contained in the Government’s second report under the Framework Convention for Protection of National Minorities of the Council of Europe (ACFC/SR/II(2007) 001 of 10 January 2007). According to this data, the employment rate for the population was 83.7 per cent. While it was 80 per cent for Russians and 84 per cent for Armenians, it was lowest for Udins (68.1 per cent), Kurds (74.5 per cent) and Tatars (79.5 per cent). The Committee requests the Government to provide in its next report detailed and updated information on the position of the different ethnic groups in the labour market (private and public sectors), including unemployment and employment rates, disaggregated by sex. The Committee also requests the Government to provide information on the concrete measures taken to promote equality of opportunity and treatment of members of the different ethnic minorities, especially those which are particularly disadvantaged in respect of access to employment. In this regard, the Committee asks the Government to indicate how this issue is being addressed under the employment strategy.

Cooperation with workers’ and employers’ organizations. The Committee recalls that cooperation with workers’ and employers’ organizations is crucial with a view to making progress in the realization of the Convention’s objectives. It therefore requests the Government to provide information on the measures taken or envisaged to seek the cooperation of employers’ and workers’ organizations with a view to promoting the acceptance and observance of the principle of the Convention, including in the context of the implementation of the current DWCP.

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Legislative developments. The Committee notes with interest the adoption and entry into force of the Act on Ensuring Gender Equality of 10 October 2006 (No. 150-IIIO) which aims at ensuring gender equality by eliminating all forms of discrimination based on sex and creating equal opportunities for men and women in all spheres of social life, including employment. The Committee notes in particular that under section 7, the employer has a specific obligation to provide equal treatment in relation to recruitment, promotion, training, working conditions, performance appraisals and dismissal. Section 7 also requires the employer to prevent discrimination based on sex, including sexual harassment, by taking appropriate measures. Article 10 prohibits discriminatory job announcements. The Committee requests the Government to provide information on the implementation of the Act on Ensuring Gender Equality, in particular information on measures taken to make the new provisions widely known. Please also provide information on any complaints and cases regarding discrimination in employment and occupation dealt with by the courts, the labour inspection service or other competent bodies, including information on the number, nature and outcomes of any such proceedings.

Gender equality. The Committee notes that, in addition to putting in place gender equality legislation, the Government included measures to promote gender equality in its employment strategy (2006–15). According to the report, the strategy emphasizes assistance to women in the creation of small enterprises and the introduction of flexible forms of employment with a view to creating new jobs for women. The Government also states that vocational training and involvement of women in public works is a priority of the state employment service. The Committee further notes that the Decent Work Country Programme (DWCP) (2006–09) envisages the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the elaboration of measures to promote reconciliation of work and family, and the creation of family-friendly workplaces. Further, under the DWCP, compliance of the national legislation with international labour standards will be examined. The Committee requests the Government to provide detailed information on the specific measures taken under the employment strategy to ensure women’s equal access to the labour market, including self-employment, and to provide detailed statistical information on the participation of men and women in the different sectors, industries and occupations. The Committee also requests the Government to indicate the progress made in the examination of the national legislation with a view to ensuring compliance with international labour standards on gender equality.

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

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The Committee notes that the information contained in the Government’s report is almost identical to that in its previous report. It hopes that the Government will provide in its next report full information on the following matters.

1. Article 1 of the Convention. Application of legislation. With reference to its previous comments regarding national legislation to give legal expression to the principle of the Convention, in particular the Employment Act of 2001 and the revised Labour Code, the Committee recalls that the Convention not only calls for legislative measures but also for efforts to ensure its application in practice. In the absence on any further information in the Government’s report on this point, the Committee reiterates its request to the Government to provide information on the impact of the new legislation on the enjoyment of equal opportunities and treatment in employment and occupation, particularly of women and ethnic minorities.

2. The Committee regrets that the Government once more fails to provide any explanation regarding the application of section 21 of the Criminal Code. The Committee was concerned that section 21, by virtue of which socially dangerous acts are subject to punishment, including the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal from office, may lead to discrimination on the basis of political opinion. It recalled that Article 4 of the Convention must be narrowly interpreted in order to avoid undue limitations on the protection against discrimination, which the Convention seeks to guarantee (General Survey, 1988, paragraphs 134-138). The Committee therefore urges the Government to provide, in its next report, information on the definition of "socially dangerous acts" which constitute crimes under section 21 of the Criminal Code, and on the application of this section in practice, such as examples of any cases brought before courts which have resulted in the punishment referred to above. The Government is also requested to indicate whether the individuals, to whom section 21 has been applied, have the right to appeal against court decisions restricting their access to or security of employment.

3. Discrimination on the basis of race, religion and national extraction. The Committee notes the concerns raised by the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on Economic, Social and Cultural Rights (CESCR), regarding incidents of racial discrimination against Armenians (CERD/C/AZE/CO/4, 14 April 2005, paragraph 10) and the persistent de facto discrimination against foreign citizens, ethnic minorities and stateless persons in the fields of housing, employment and education (E/C.12/1/Add.104, 14 December 2004, paragraph 15). The Committee further notes the concern expressed by CERD in its concluding observations that no cases invoking the relevant provisions of the Criminal Code concerning racial discrimination have been brought before the courts. Concerned by this information, the Committee urges the Government to provide information on measures taken or envisaged to address discrimination on the grounds of race and national extraction in its next report. Please also provide information on the number and outcome of any cases handled by the courts with respect to racial discrimination. Recalling the importance of developing means to assess the progress made in the implementation of the national policy to promote equality, the Committee reiterates its request to the Government to provide any information on the situation of religious and ethnic minorities in the labour market, such as studies, surveys, or statistical information.

4. Referring to its previous comment in which it noted with interest the measures taken by the Government to enhance educational opportunities for ethnic minorities, the Committee encourages the Government to continue to provide similar information in its next report, including information on the level of the overall educational attainment of the various ethnic groups and their participation in vocational training (citizens and non-citizens).

5. Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the ratification of the European Social Charter by the Republic of Azerbaijan on 6 January 2004. It further notes that thereupon section 31 of the Labour Code has been amended. It now provides that parties to a collective agreement shall be mutually responsible for raising awareness about the inadmissibility of giving offence and committing hostile actions at the workplace or in connection with work, including with regard to issues of sexual harassment, and for taking relevant measures to prevent such actions. The Committee asks the Government to provide information on the application in practice of the aforementioned provision, including on any educational or awareness-raising activities undertaken by or in cooperation with the social partners to promote equality of opportunity and treatment of all groups protected under the Convention. The Committee also reiterates its request to the Government to provide the text of sections 150-153 of the Criminal Code which provide for criminal sanctions for sexual harassment and information on their application in practice.

6. The Committee recalls once more its previous comments on section 241 of the Labour Code prohibiting the employment of women in certain jobs. It also recalls the extensive list of hazardous workplaces and occupations, which are prohibited for women by virtue of Decision No. 170 of 20 October 1999. Noting that the Government’s report does not provide any further information on this matter, the Committee is bound to repeat its request to the Government to provide information on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation. Further, the Committee asks the Government to consider the possibility of re-examining these restrictions, in consultation with representatives of workers and employers and with women workers, if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the principle of equality, improvements in conditions of work and changing attitudes.

7. Promotion of equality of opportunity and treatment between men and women. The Committee notes from the concluding observations of the CESCR (E/C.12/1/Add.104, 14 December 2004, paragraphs 16, 34-35) the establishment of the Office of the Human Rights Commissioner and of the State Committee on Women’s Affairs as well as the adoption of a National Plan of Action on women’s issues. However, the Committee also notes the concern raised by the CESCR regarding the persistent gender inequalities, particularly in the field of employment, and the high unemployment rate among women. Noting that the Government’s report remains silent on these issues, the Committee requests the Government to provide in its next report full information on the measures taken or envisaged to ensure the application of the principle of equality of opportunity and treatment between men and women, including information on the activities of the Human Rights Commissioner and the State Committee of Women’s Affairs. Please also provide information on the objectives and content of the activities under the National Plan of Action related to the promotion of equality of opportunity and treatment in employment and occupation, as well as information on its implementation. Further the Committee reiterates its request to the Government to provide statistical information on labour force participation and unemployment, disaggregated by sex and economic sector, including the public service.

8. Recalling the Government’s statement that it would provide information on the activities of the State labour inspection established in 1997, which exercises control over the observance of labour legislation, including discrimination issues, the Committee hopes that the Government will provide such information in its next report.

9. The Committee also reiterates its request to the Government to provide information on measures taken to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

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The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the adoption of the Act on Employment, on 2 July 2001, which outlines the main directions of state employment policy. It notes particularly that under section 6 of the Act, the State is to afford equal opportunities to all citizens, irrespective of race, nationality, religion, language, sex, marital status, social origin, place of residence, property, convictions, membership in political parties and trade unions and other social organizations. The Committee welcomes this development, which, following the recent revision of the Labour Code, further strengthens the national legislation in accordance with the Convention. Recalling that the Convention not only calls for legislative measures but also for efforts to ensure its application in practice, the Committee asks the Government to provide information on the impact of the new legislation on the enjoyment of equal opportunities and treatment in employment and occupation, particularly of women and ethnic minorities.

2. The Committee would like to return once again to section 21 of the Criminal Code on which it has commented previously, but without receiving clarifications from the Government. The Committee recalls the Government’s statement in its 1999 report that persons having committed "socially dangerous acts which are provided for by the Criminal Code and which constitute crimes by virtue of section 21" are subject to punishment, including the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal from office. The Committee was concerned that this provisions may lead to discrimination on the basis of political opinion and recalled that Article 4 of the Convention must be narrowly interpreted in order to avoid undue limitations on the protection against discrimination, which the Convention seeks to guarantee (1988 General Survey, paragraphs 134-138). The Committee therefore requests the Government to provide, in its next report, any information on the definition of "socially dangerous acts" which constitute crimes under section 21 of the Criminal Code, and on the application of this section in practice, such as examples of any cases brought before courts which have resulted in the punishment referred to above. The Government is also requested to indicate whether the individuals, to whom section 21 has been applied, have the right to appeal against court decisions restricting their access to or security of employment.

3. Discrimination on the basis of sex. With regard to its 2002 general observation on the issue of sexual harassment, the Committee notes from the Government’s report that sections 150-153 of the Criminal Code provide for criminal sanctions for sexual harassment. The Committee asks the Government to provide the text of these provisions and information on their application in practice.

4. The Committee recalls its previous comments concerning section 241 of the Labour Code which prohibits the "use of women workers in labour-intensive jobs, in hazardous workplaces, and also in underground tunnels, mines, and other underground works", and the "use of women workers … for lifting or carrying of heavy items from one place to another" beyond certain limits. The Committee also recalls that Decision No. 170 of the Cabinet of Ministers of 20 October 1999 enacts a list of hazardous workplaces and occupations, which are prohibited for women. Noting that the list contained in Decision No. 170 is very extensive, the Committee requests the Government to provide information on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation. The Committee invites the Government once again to consider the possibility of re-examining these restrictions, in consultation with representatives of workers and employers and with women workers, if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the principle of equality, improvements in conditions of work and changing attitudes.

5. In order to allow the Committee to assess the application of the Convention with regard to equal employment opportunities for women, the Government is requested to provide statistical information on labour force participation and unemployment, disaggregated by sex and economic sector, including the public service.

6. Discrimination on the basis of race and national extraction. The Committee once again stresses the importance of developing means to assess the progress made in the implementation of the national policy to promote equality, as required by the Convention and national legislation. The Government is therefore requested to provide, in its next report, any information on the situation of religious and ethnic minorities in the labour market, such as studies, surveys, or statistical information.

7. The Committee notes with interest the information provided by the Government with regard to measures taken to enhance educational opportunities for ethnic minorities, including educational programmes provided in minority languages, including Georgian, Russian, Lezgi, Tati, and Talys. The Committee also notes the information on minority education contained in the Government’s first report under the Framework Convention for the Protection of National Minorities, received by the Council of Europe on 4 June 2002. The Committee asks the Government to continue to provide similar information in its next report, including information on the level of the overall educational attainments of the various ethnic groups and their participation in vocational training (citizens and non-citizens).

8. Recalling the Government’s statement in its last report that it would provide information on the activities of the State Labour Inspection established in 1997, which exercises control over the observance of labour legislation, including discrimination issues, the Committee hopes that such information will be provided with the Government’s next report.

9. The Committee also reiterates its request to the Government to provide information on measures taken to seek the cooperation of workers and employers’ organizations in accordance with Article 3(a) of the Convention.

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The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes with interest the information in the Government’s report that a new law on the employment of the population was adopted in June 2000, and that "race" has been included as a banned ground of discrimination. The Committee requests the Government to supply a copy of the new law.

2. The Committee notes Decree No. 170 of 20 October 1999 which enacts the list of hazardous occupations that are prohibited for women. Once the translation is available the Committee may return to the Government with additional specific comments. It also notes the Government’s statement that provides for a number of measures of a restrictive nature with the purpose of ensuring social protection for, inter alia, women. The Committee invites the Government to consider the possibility of re-examining these provisions, in consultation with the social partners and with women workers if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the corresponding Recommendations. The Committee again asks the Government to provide information in its next report on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation.

3. The Committee notes that the Government did not supply any statistical data on the labour market. Noting the Government’s indication that no data on the employment situation of religious or ethnic minorities exist since no such data are required to be included in documentation presented to employment services, the Committee once again wishes to underline the importance of statistics, studies, surveys and other information as a means of assessing the action taken and progress made in the implementation of the national policy to promote equality of opportunity and treatment in respect of employment, occupation and training. Therefore, the Committee once again hopes that the Government will undertake efforts to collect and analyse statistical and other information and that it will be in a position to report on the labour market situation in its next report.

4. The Committee again notes the information in the Government’s report on educational programmes provided in minority languages, the publication of textbooks, manuals and programmes for teaching languages of the minorities. The Committee also notes the Government’s statement that "within the existing system of education there cannot be, in principle, educational programmes which would allow discrimination in respect of employment". The Committee again requests the Government to provide information on any measures taken to enhance minorities’ and women’s participation in training and vocational guidance programmes, including training established by the Ministry of Education. Please also indicate how training is provided to non-citizens in the country.

5. The Committee once again notes that under section 21 of the Criminal Code persons committing "socially dangerous acts" are subjected to punishments, such as the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal of office. The Committee notes that no reply has been supplied on the definition of "socially dangerous acts" under criminal legislation and no information of court decisions in this regard were indicated. The Committee again recalls that Article 4 of the Convention must be strictly interpreted in order to avoid undue limitations on the protection which the Convention seeks to guarantee (General Survey, 1988, paragraphs 134-138). The Committee hopes the Government will provide the relevant information in its next report. It also asks the Government to indicate whether the individuals concerned have the right to appeal against decisions invoking section 21 of the Criminal Code that disadvantage their employment.

6. The Committee notes the Government’s information that it will include in its next report the information on the activities of the State Labour Inspection, established in 1997, and exercising control over the observance of the labour legislation, including the issues of discrimination. It also hopes that the Government will supply information on the supervisory role of the Attorney-General as was indicated in its previous report.

7. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

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1. Further to its observation, the Committee notes the information contained in the Government's report. In its previous direct request the Committee had noted that section 5 of the Law on Employment and Population of 1991 (Employment Act) excluded "race" from the prohibited grounds of discrimination. In this connection, the Committee notes the Government's statement that work is under way to improve national legislation and that changes and additions with respect to the Law on Employment and Population will include the insertion of "race" into the list of the groups and strata of the population being protected against discrimination. Noting that the new Labour Code covers all the prohibited grounds of discrimination embodied in the Convention, including "race", the Committee requests the Government to indicate the interrelationship between the 1991 Act and the newly adopted Labour Code of 1999, as well as to provide a copy of the law enacting the new Labour Code. It also requests the Government to keep the Office informed on the legislative revision and to supply a copy of the amended text of the Law on Employment and Population of 1991.

2. In its previous direct request, the Committee had requested information on certain sections of the 1993 Labour Code which prohibit or restrict women's employment. The Committee notes that section 241(1) of the new Code prohibits the employment of women in labour-intensive jobs, hazardous workplaces and underground jobs and that section 241(6) of the new Code stipulates that the lists of hazardous and labour-intensive jobs, positions or professions as well as underground jobs which are prohibited for women will be prepared by the related governors' offices. The Committee also notes that section 241(3(a-d)) specifies the limits for women workers within which they can lift or carry heavy weights; furthermore, section 242(1) prohibits employers to request women with children under the age of 3 to work on night shift, on overtime, on weekend and holidays or to be sent on job-related travel. The Committee notes the Government's explanations that such kind of legislation is aimed at health protection and, consequently, cannot be deemed as discrimination. The Committee, nevertheless, draws the Government's attention to the ILO resolution on equal opportunities and equal treatment of men and women in employment (1985). The resolution promotes protection for pregnant and nursing mothers, and calls for re-examination of the continued necessity of other protective measures that may unnecessarily restrict women from employment opportunities. The Committee requests the Government to supply information on the reasons justifying the exclusion of women workers from the exercise of certain jobs covered under section 241, in accordance with up-to-date scientific knowledge and technological changes and in the context of the national circumstances. The Committee also requests the Government to supply, in its next report, the precise list of hazardous and labour-intensive jobs, positions and professions referred to in section 241(6) of the Labour Code.

3. Article 2. As regards access to vocational training and education, the Committee notes the Government's statement that within the Ministry of Education, a board has been established responsible for the development and publication of programmes, manuals and textbooks required for teaching the languages of minorities. It also notes that a number of schools exist with minority language tuition (such as Georgian, Lezghin, Tat, Talysh and Khynalyg) in areas of compact residence of persons belonging to minorities. The Committee requests the Government to provide information on any activities undertaken to enhance opportunities for minorities to access vocational education and training, which in turn lead to better jobs.

4. Article 3(b). Noting that the Government does not reply to the Committee's request for information on the manner in which public education and information on the anti-discrimination policy is provided or promoted in general, the Committee hopes that the Government's next report will contain the relevant information.

5. Article 3(e). In its previous request, the Committee had noted that socio-economic difficulties and armed conflict had led to a deterioration of the situation of women who constituted two-thirds of the unemployed population and had requested information with regard to the implementation of section 23 of the Law on Employment and Population concerning vocational training. Noting that the Government's report does not give any further details in this regard, the Committee reiterates its previous request for detailed information on the way in which placement services, subject to the control of a national authority, are able to promote women's equal access to employment opportunities in accordance with Article 2 of the Convention.

6. Article 3(f). With regard to the employment of religious or ethnic groups, the Committee notes the Government's statement that the current employment policy does not allow discrimination on the basis of religious convictions or ethnic origin, and that no statistical data on the employment situation of religious or ethnic groups exist since no such data are required to be included in documentation presented to employment services. Consequently, the Government's report does not include such data nor any information (statistical or otherwise) which would enable the Committee to assess the practical application of the Convention. The Committee wishes to stress once again the importance of statistics, studies, surveys and other information as a means of assessing the action taken and progress made in the implementation of the national policy to promote equality of treatment and opportunity in respect of access to training, access to employment and conditions of work. The Committee therefore urges the Government to provide, in its next report, any information available (such as reports, studies, statistics, and others) which may allow the Committee to assess whether any changes may have occurred in regard to equal access of religious and ethnic groups and women to vocational training, employment and conditions of work in the various branches of activity and the various occupational levels, in accordance with the Convention.

7. Article 4. The Committee notes the Government's statement that persons who have committed "socially dangerous acts" which constitute crimes by virtue of section 21 of the Criminal Code, are subject to punishments, such as the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal of office. The Government further indicates that the abovementioned types of punishment can only be enforced on the basis of a court sentence. The Committee refers to its 1988 General Survey on this Convention (paragraphs 134-138) and recalls that Article 4 must be strictly interpreted in order to avoid undue limitations on the protection which the Convention seeks to guarantee. The Committee requests the Government to provide in its next report indications of the manner in which the term "socially dangerous acts" is defined under the criminal legislation, and to provide examples of any cases brought before courts which resulted in punishments such as dismissal of office or deprivation of the right to hold certain posts or carry out certain activities. It also requests the Government to indicate whether the individuals concerned have the right to appeal against court decisions restricting their access to employment and to send any pertinent information, and to indicate the appellate process available.

8. Further to its previous request with regard to mechanisms and procedures for enforcement of equality legislation, the Committee notes the Government's statement that the Attorney-General is exercising the highest supervision of the protection of, inter alia, labour rights, including the right to be protected against discrimination in employment and occupation. The Committee hopes that the Government's next report will contain detailed information on the specific action taken by the Labour Inspectorate and the Office of the Attorney-General to enforce discrimination provisions.

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The Committee notes with satisfaction the adoption of the new Labour Code of 1 February 1999 (which entered into force on 1 July 1999). The Committee notes that, according to section 16(1) of the new Code, no discrimination shall be permitted among employees on the basis of "citizenship, sex, race, nationality, language, place of residence, economic standing, social origin, age, family circumstances, religion, political views, affiliation with trade unions or other public associations, professional standing, beliefs, or other factors unrelated to professional qualifications, job performance or professional skills of the employees, nor shall it be permitted to establish privileges and benefits or directly limit rights on the basis of these factors". The Committee notes in particular that social origin and political opinion, which were formerly excluded under the 1993 Labour Code and which are grounds specified expressly in the Convention are now covered by section 16(1) of the new Labour Code.

The Committee is raising other points regarding the application of the Convention in a request directly addressed to the Government.

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

1. While noting with interest the adoption of the Constitution of 12 November 1995 and the Act on Individual Labour Contracts (Agreements) of 27 July 1996, and in particular that section 25 and section 7 respectively cover all the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, the Committee also observes that section 5 of the Employment Act of 1991, excludes "race" from the prohibited grounds of discrimination and that section 17 of the Labour Code of 1971, as amended in 1993, excludes "political opinion and social origin". The Committee understands that a revision process of the Labour Code is currently ongoing and hopes the Government will include these two grounds in the new section 17 of the Labour Code. It also hopes that in any future revision of the Employment Act, or any other legislation covering employment being drafted or amended, the Government will consider the view previously expressed by the Committee that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee also asks the Government to supply it with a copy of the original text, in Russian, of the Law on Individual Labour Contracts of 1996.

2. Article 1, paragraph 2. With regard to the Committee's previous request for information on the reasons justifying the exclusion of persons from the exercise of certain activities on the basis of sex, the Government replies that these are primarily based on safety and health considerations and on the desire to create conditions that will allow women to combine work and family responsibilities. The Committee notes these indications and the detailed information supplied by the Government. With respect to sections 174 and 175 of the Labour Code which prohibit or restrict women's employment in heavy work, work done under hazardous conditions, and work that involves carrying or moving loads in excess of the maximum permissible loads established for them, the Committee requests the Government to provide, in its next report, information on the criteria used for determining "heavy work" and "work in hazardous conditions" as well as the precise lists of industries, occupations and jobs prohibited to women on the basis of the above-mentioned sections in the Labour Code.

3. Article 3(b). The Committee notes the Government's statement that both sexes enjoy equal opportunities in education and employment and that the current system of education rules out programmes which would allow discrimination in employment. The Committee notes from the Government's report on the Convention on the Elimination of All Forms of Discrimination Against Women (United Nations document CEDAW/C/AZE/1 of 16 September 1996) that at all levels of the school system, education is provided on issues relating to equality between men and women. The Committee requests the Government to supply copies of the educational materials used in the school system to promote equality of opportunity and treatment in employment and occupation, and to provide further details on the manner in which public education and information on the anti-discrimination policy is provided or promoted in general in the society.

4. With regard to placement services subject to the control of a national authority covered by section 23 of the Employment Act, the Government explains that vocational training, further training and retraining of unemployed officials are carried out in accordance with legislation currently in force, but gives no further details on the implementation of Article 3(e) of the Convention. The Committee further notes the information contained in the Government's report on the CEDAW, in which the Government explains that socio-economic difficulties and armed conflict have led to a deterioration of the situation of women who constitute two-thirds of the unemployed population. The Committee requests the Government to provide, in its next report, detailed information on the way in which placement services subject to the control of a national authority are able to respond to this situation and try to promote women's equal access to employment opportunities in accordance with Article 2 of the Convention and on means of action available to these services and users for this purpose, in particular as regards unemployed women. With regard to women's employment status, the Committee also refers to its comments under Convention No. 122.

5. Article 3(f). The Committee notes that no statistics are available on the employment of different religious or ethnic groups, since such information is not given by applicants to the employment service. The Committee also notes that no further statistics were provided on the employment of women in respect of access to training, access to employment and conditions of work. The Committee points to the importance of statistics, studies, etc., as means of assessing the action taken and progress made in pursuance of the national policy to promote equality of treatment and opportunity in respect of access to training, access to employment and conditions of work in accordance with Article 3(f) of the Convention. The Committee therefore requests the Government to provide, in its next report, any information available (such as reports, studies, statistics, and others) which may allow the Committee to assess whether any changes may have occurred in regard to equal access of religious and ethnic groups and women to vocational training, employment and conditions of work in the various branches of activity and the various occupational levels.

6. Article 4. The Committee notes that the Government's report contains no reply to its comments in relation to legislative or administrative measures and the national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requested the Government, in the case no such measures were provided, to contemplate establishing the right to appeal as provided by Article 4. The Committee trusts that the Government will provide, in its next report, full information on how this Article is applied.

7. The Committee notes with interest the establishment of a State Labour Inspectorate by Presidential Decree of 27 January 1997. The Committee requests the Government to provide information on the measures taken or contemplated to establish the necessary mechanisms and procedures for enforcement of the legislative provisions dealing with equality of opportunity and treatment in employment and occupation.

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The Committee notes the information supplied by the Government in reply to its previous comments on the provisions of Article 3, paragraphs (a) and (c), of the Convention.

1. It notes that the new section 17 of the Labour Code (the draft of which is currently before Parliament) includes a provision to add sex, race and social origin to the prohibited discrimination criteria for employment and occupation, in accordance with Article 1, paragraph 1(a). The Committee hopes that this text will be adopted shortly and requests the Government to send a copy to the ILO once this is done.

2. Article 1, paragraph 2. With regard to the "objective criteria" which can justify the exclusion from the exercise of certain activities of persons on grounds of their sex or ethical values, the Government replies that moral and ethical criteria (such as a clean legal record) required for a specific post are necessarily taken into account in selecting candidates for the legal professions, activities relating to application of the law or involving reception, transport or storage of valuable materials. The Committee would be grateful if the Government would indicate in its next report the reasons justifying the exclusion of persons from the exercise of certain activities on the basis of sex.

3. Article 3(b). Noting the absence of information in the Government's report on existing educational programmes (which were mentioned in its previous report) as a means of developing the principle of equality, the Committee would be grateful if the Government would provide this information in its next report and attach to it a copy of any educational materials used in anti-discrimination campaigns.

4. Article 3(d). Noting that for the question on the policy of recruitment, promotion, conditions of employment and termination of employment applied in respect of employment under the direct control of a national authority, the Government refers to section 5 of the Employment Act, the Committee notes that section 2 of the Act gives a limitative list of the workers covered by its scope and does not cite, for example, civil servants employed in the central and decentralized administrative state bodies. The Government is requested to specify in its next report how the policy set out in Article 2 of the Convention is followed in occupations subject to the control of the national authority which do not appear in the list laid down by the Employment Act, section 2, by indicating the practical methods or procedures which exist for this purpose in matters of recruitment, promotion, conditions of employment and termination, etc.

5. Article 3(e). Noting the Government's statement that section 23 of the Employment Act governs vocational training, the Committee emphasizes that Article 3(e) of the Convention lays down the obligation to ensure observance of the policy set out in Article 2 in the activities of vocational guidance, vocational training and placement services under the direction of a national authority. This obligation implies the use of means to promote equality of opportunity and treatment in the aforementioned spheres. The Committee would therefore be grateful if the Government would supply detailed information on the way in which the placement services subject to the control of a national authority and covered by the aforementioned section 23, ensure in practice application of the policy and the means of action available to these services and users for this purpose.

6. Article 3(f). Noting the partial statistics supplied in reply to its request on the application of Article 3(f) on how the national policy has affected access to training, access to employment and employment conditions of women, ethnic or religious groupings, the Committee notes, first, that this information does not include any indication of a date allowing assessment of any evolution in the situation resulting from application of such a policy and, secondly, that they relate solely to women, and not to the ethnic and religious minorities which were also included in its previous comments. Please supplement this information in accordance with the report form.

7. Article 4. The Committee notes from the reply to its request for information on legislative or administrative measures and the national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, that no such cases had occurred as yet. The Committee recalls in this respect that, according to this provision measures affecting these persons shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice (see paragraphs 134 to 138 of the 1988 General Survey on equality in employment and occupation). The Government is requested once again to supply information indicating how this Article would be applied in such an event. If no measure is provided, the Committee requests it to contemplate establishing the right to appeal as provided by this provision and to send it any pertinent information.

8. Article 5. The Committee notes the information provided by the Government in regard to restrictions on night work for women as set out in section 175 of the current Labour Code; it requests the Government to supplement this information by sending with its next report a copy of any text relating to this section.

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The Committee notes the information supplied in the Government's first report. It requests the Government to provide additional information on the following points.

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that the term "national belonging" rather than "national extraction" is listed among the prohibited grounds of discrimination in article 19 of the Constitutional Act of 18 October 1991, section 3 of the Education Act of 7 October 1992 and section 5 of the Act on Employment of 27 June 1991. The Committee requests the Government to clarify whether this term, which is close to "national extraction" as used in the Convention, does in fact cover this concept. If not, please provide information on how protection is ensured in employment and education against discrimination on the basis of national extraction. It refers the Govrnment to paragraphs 36 and 37 of its 1988 General Survey on Equality in Employment and Occupation where the concept of "national extraction" is discussed.

The Committee also notes that the grounds of social origin and political opinion are not among the proscribed grounds of discrimination listed in section 17 of the Labour Code of 1971, as amended up to 1993. It asks the Government to indicate how protection is provided against discrimination in employment on these grounds. In this respect the Committee refers the Government to paragraph 58 of the above-mentioned General Survey where it is stated that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a)".

2. The Committee also notes that under the Education Act the Government may introduce limitations on access to education related to particular professions. The Government is requested to provide further details on the criteria used when introducing such limitations.

3. Article 1, paragraph 2. The Committee notes the Government's statement that "objective criteria" are used to determine the need for special requirements for the exercise of certain activities, thus excluding persons for reasons of sex or ethical values. The Government is requested to provide additional information on these "objective criteria".

4. Article 2. Noting that the Government refers to speeches made by the President of the Republic, as well as socio-economic and educational programmes, indicating a national policy of equality, the Committee requests the Government to indicate how the national policy elucidated in them is implemented in respect of access to vocational training, access to employment and particular occupations and terms and conditions of employment.

5. Article 3(a). The Committee notes that no information is supplied on the measures taken by the Government to obtain the cooperation of employers' and workers' organizations to promote the national policy on equality of opportunity and treatment, and requests the Government to provide information on this in its next report.

6. Article 3(b). Noting that the Government refers to the existing educational programmes as a means to develop the principle of equality, the Committee requests the Government to provide further details on such educational programmes, including, for example, copies of any educational material used in anti-discrimination campaigns if available.

7. Article 3(c). Noting also that the Labour Code is currently being redrafted, the Committee requests the Government to provide information on the impact that this legislative reform might have on the application of the principle of the Convention.

8. In addition, the Committee notes from the Government's report on the application of the International Covenant on Civil and Political Rights (UN document CCPR/C/81/Add.2, paragraph 146) that the Presidential Decree of 16 September 1992 concerning the protection of rights and freedoms and state support for the development of the language and culture of national minorities and of peoples and ethnic groups few in number living in Azerbaijan, instructs the national authorities to repeal any act aimed at discrimination on grounds of national characteristics, assertion of national exclusiveness or national superiority, or fomenting of national hostility, and to prosecute the guilty parties. The Committee requests the Government to indicate the practical effect of this Decree.

9. Article 3(d). Noting that the Government has not supplied any information on the policy of recruitment, promotion, conditions of employment and termination of employment applied in respect of employment under the direct control of the national authority, the Committee requests the Government to provide such information in its next report.

10. Article 3(e). The Committee notes that the Ministry of Labour and Social Protection of the Population includes a body whose function is to provide vocational guidance to young people. It also notes the existence of state centres for work and employment which give free assistance to the unemployed. The Committee requests the Government to indicate how the principle of the Convention is applied in vocational guidance, vocational training and placement services.

11. Article 3(f). The Committee notes that no statistics have been supplied in the Government's report to demonstrate how the national policy has affected access to training, access to employment and employment conditions of women, ethnic or religious groupings. It asks the Government to provide such statistical data, as well as copies of any studies related to equality of employment.

12. Article 4. The Committee requests the Government to indicate the legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

13. Article 5. Noting that section 175 of the Labour Code restricts the use of women workers for night work to protect women's health and safety, the Committee requests the Government to indicate how such restrictions are determined and to communicate the text of any regulations issued on this matter.

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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 matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that the term "national belonging" rather than "national extraction" is listed among the prohibited grounds of discrimination in article 19 of the Constitutional Act of 18 October 1991, section 3 of the Education Act of 7 October 1992 and section 5 of the Act on Employment of 27 June 1991. The Committee requests the Government to clarify whether this term, which is close to "national extraction" as used in the Convention, does in fact cover this concept. If not, please provide information on how protection is ensured in employment and education against discrimination on the basis of national extraction. It refers the Government to paragraphs 36 and 37 of its 1988 General Survey on Equality in Employment and Occupation where the concept of "national extraction" is discussed.

The Committee also notes that the grounds of social origin and political opinion are not among the proscribed grounds of discrimination listed in section 17 of the Labour Code of 1971, as amended up to 1993. It asks the Government to indicate how protection is provided against discrimination in employment on these grounds. In this respect the Committee refers the Government to paragraph 58 of the above-mentioned General Survey where it is stated that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a)".

2. The Committee also notes that under the Education Act the Government may introduce limitations on access to education related to particular professions. The Government is requested to provide further details on the criteria used when introducing such limitations.

3. Article 1, paragraph 2. The Committee notes the Government's statement that "objective criteria" are used to determine the need for special requirements for the exercise of certain activities, thus excluding persons for reasons of sex or ethical values. The Government is requested to provide additional information on these "objective criteria".

4. Article 2. Noting that the Government refers to speeches made by the President of the Republic, as well as socio-economic and educational programmes, indicating a national policy of equality, the Committee requests the Government to indicate how the national policy elucidated in them is implemented in respect of access to vocational training, access to employment and particular occupations and terms and conditions of employment.

5. Article 3(a). The Committee notes that no information is supplied on the measures taken by the Government to obtain the cooperation of employers' and workers' organizations to promote the national policy on equality of opportunity and treatment, and requests the Government to provide information on this in its next report.

6. Article 3(b). Noting that the Government refers to the existing educational programmes as a means to develop the principle of equality, the Committee requests the Government to provide further details on such educational programmes, including, for example, copies of any educational material used in anti-discrimination campaigns if available.

7. Article 3(c). Noting also that the Labour Code is currently being redrafted, the Committee requests the Government to provide information on the impact that this legislative reform might have on the application of the principle of the Convention.

8. In addition, the Committee notes from the Government's report on the application of the International Covenant on Civil and Political Rights (UN document CCPR/C/81/Add.2, paragraph 146) that the Presidential Decree of 16 September 1992 concerning the protection of rights and freedoms and state support for the development of the language and culture of national minorities and of peoples and ethnic groups few in number living in Azerbaijan, instructs the national authorities to repeal any act aimed at discrimination on grounds of national characteristics, assertion of national exclusiveness or national superiority, or fomenting of national hostility, and to prosecute the guilty parties. The Committee requests the Government to indicate the practical effect of this Decree.

9. Article 3(d). Noting that the Government has not supplied any information on the policy of recruitment, promotion, conditions of employment and termination of employment applied in respect of employment under the direct control of the national authority, the Committee requests the Government to provide such information in its next report.

10. Article 3(e). The Committee notes that the Ministry of Labour and Social Protection of the Population includes a body whose function is to provide vocational guidance to young people. It also notes the existence of state centres for work and employment which give free assistance to the unemployed. The Committee requests the Government to indicate how the principle of the Convention is applied in vocational guidance, vocational training and placement services.

11. Article 3(f). The Committee notes that no statistics have been supplied in the Government's report to demonstrate how the national policy has affected access to training, access to employment and employment conditions of women, ethnic or religious groupings. It asks the Government to provide such statistical data, as well as copies of any studies related to equality of employment.

12. Article 4. The Committee requests the Government to indicate the legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

13. Article 5. Noting that section 175 of the Labour Code restricts the use of women workers for night work to protect women's health and safety, the Committee requests the Government to indicate how such restrictions are determined and to communicate the text of any regulations issued on this matter.