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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Russian Federation (RATIFICATION: 1961)

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Observation

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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 1 September 2021.

Article 1 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee notes that, in its report, the Government refers to sections 3 and 64 of the Labour Code without providing any additional information regarding the signification or scope of application of the term “convictions” (beliefs) as a prohibited ground of discrimination. It further notes that, in its observations, the KTR highlights: (1) the lack of legislative protection against indirect discrimination; as well as (2) the fact that, as a result of the inadequacy of existing regulations and the lack of definitions of the different types of discrimination, there is a lack of understanding of the nature of the phenomenon among workers and employers, as well as among judges. In that regard, the Committee points out that the Convention prohibits both direct and indirect discrimination in all aspects of employment and occupation (access to vocational training, access to employment and to particular occupations, and terms and conditions of employment). Furthermore, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, among which “political opinion” (see 2012 General Survey on the fundamental Conventions, paragraph 749). In light of the above, the Committee urges the Government to take appropriate steps to ensure effective and comprehensive legal protection for workers against both direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, and with respect to all aspects of employment and occupation as set out in Article 1(3). It asks the Government to provide information on the steps taken to that end and their outcomes.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Regarding the absence of specific legal provisions protecting workers against sexual harassment at work, the Committee notes the Government’s indication, in its report, that a Federal Bill on the Prevention of Domestic Violence is currently under preparation. The Government adds that, in the framework of the National Strategy for Women 2017-2022, seminars were held at regional level on models for preventing and combating violence against women, in cooperation with the Council of Europe. The Committee notes that, in its observations, the KTR highlights the lack of adequate legislative provisions and mechanisms to protect workers against sexual harassment. The Committee further notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at: (1) the absence of legislation explicitly criminalizing sexual harassment at the workplace; (2) the lack of effective measures to ensure the protection of women and girls from gender-based violence, harassment and bullying in schools and universities and the lack of effective complaint and redress mechanisms; and (3) the introduction, through the amendment to the Criminal Code in December 2020, of more severe sanctions for defamation, applicable to cases in which victims bring charges of crimes against their sexual integrity and sexual freedom, which prevents victims of sexual violence from gaining access to justice owing to fear of prosecution (CEDAW/C/RUS/CO/9, 30 November 2021, paragraphs 24, 36 and 38). In that regard, it recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation. Given the gravity and serious repercussions of sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, the Committee emphasizes the importance of taking effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Committee therefore again asks the Government to take steps to include, in its labour legislation: (i) a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation; and (ii) appropriate preventive and remedial measures and procedures. It also asks the Government to provide information on: (i) any practical measures taken to prevent and address sexual harassment in employment and occupation, in the framework of the National Strategy for Women 2017-2022 or otherwise, including any awareness-raising activities carried out for employers, workers and their organizations; and (ii) the number of cases of sexual harassment dealt with by the courts or any other competent authorities, the sanctions imposed and remedies granted.

Articles 1(1)(a) and 5. Discrimination based on sex. Special measures of protection. The Committee notes the Government’s indication that Resolution No. 162 of 25 February 2000, which excluded women from employment in 456 occupations and 38 branches of industry, was replaced by Order No. 512 of 18 July 2019 of the Ministry of Labour, which came into force on 1 January 2021. This Order updates the list of production processes, jobs and occupations with harmful and/or hazardous working conditions where the employment of women is restricted. The Committee notes, more particularly, that the new list reduces the number of restricted occupations for women from 456 to 100. It further notes that Order No. 313n of 13 May 2021 of the Ministry of Labour, which entered into force on 1 March 2022, amended Order No. 512 of 18 July 2019 by introducing further modifications to the existing list and providing that the list is valid until 1 March 2028. The Government states that the criteria for revising and updating this list included factors dangerous to women’s reproductive health, affecting the health of future generations and having long-term consequences; besides, certain types of work that are not used in modern production were excluded from the list. The Committee notes the Government’s repeated indication that section 253 of the Labour Code and the list of activities in which the employment of women is prohibited provide for a flexible approach as the employer may employ women when creating safe working conditions as confirmed by the result of a special assessment of working conditions. As a result of Order No. 313n of 13 May 2021, a State expert examination of working conditions is no longer required as confirmation of safe working conditions. The Committee notes with interest the amendments made by the Government to reduce the number of sectors and occupations in which women cannot be employed. It observes, however, that employment of women is still prohibited in a large number of sectors and occupations. In this regard, it notes that, in its observations, the KTR considers that the existence of even a reduced list of occupations from which women are prohibited: (1) establishes an overarching ban that affects all women in the country; (2) represents a violation of women’s right to equal opportunities in employment and choice of occupation; and (3) perpetuates occupational gender segregation. The Committee further notes that, in its 2021 concluding observations, CEDAW expressed similar concerns (CEDAW/C/RUS/CO/9, paragraph 38). In that regard, the Committee recalls that a distinction shall be made between special measures to protect maternity in the strict sense, which come within the scope of Article 5 of the Convention, and 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 (see 2012 General Survey on the fundamental Conventions, paragraph 839). Indeed, restrictions to the employment of women (who are not pregnant or are not breastfeeding) are contrary to gender equality of opportunity and treatment and may also create legal barriers preventing women to access well paid jobs, unless such measures are adopted to protect genuinely their health. This protection must be determined based on the results of a risk assessment showing that there are specific risks for the health and/or security of women. Therefore, any of these restrictions must be justified and based on scientific evidence and, where they exist, must be periodically reviewed in light of technological evolution and scientific progress to determine whether they are still necessary. Provisions regarding 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 (see also 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee therefore urges the Government to pursue its efforts in order to revise Order No. 512 of 18 July 2019, as amended, so as to ensure that any restrictions on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity, aspirations and role in society and are strictly limited to those aimed at protecting maternity and based on risk assessment. It asks the Government to provide information on: (i) any progress made in this regard, including in consultation with employers’ and workers’ organizations; and (ii) any specific measures taken or envisaged to address the legal and practical barriers to the employment of women, in particular by amending sections 99, 113, 253, 259 and 298 of the Labour Code which provide for restrictions regarding working time (overtime, night work, work in shifts, and so on) for women with children under the age of 3 years (or 1.5 years).

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that the proportion of women in public and civil service positions increased from 72 per cent in 2016 to 73.2 per cent in 2019. It notes however that, according to the statistical information available in ILOSTAT, in 2020, the labour force participation rate for women remained low at 55.1 per cent, compared to 70 per cent for men. It further notes, from the statistical information of the Federal State Statistics Service (Rosstat) forwarded by the Government with its report on the application of the Equal Remuneration Convention, 1951 (No. 100), the continuing occupational gender segregation, with women being still highly concentrated in hotel and restaurant services (66 per cent), education (79.9 per cent), and healthcare and social services (79.9 per cent), while their proportion in other sectors traditionally dominated by men has been decreasing (such as construction, mining and distribution of electricity, gas and water). Referring to its previous comments regarding the adoption of the National Strategy for Women 2017–22, the Committee notes the Government’s statement that regional plans were adopted and coordinating councils were established in order to implement the strategy. The Government adds that, in order to advance women’s economic situation, several incentive measures and training activities were carried out in this framework. As a result, in the 2019/20 academic year, 220,300 women were trained in higher and secondary vocational education in the sector of «creative industries», mainly in hairdressing, hotel services and design. The Government adds that there has also been an increase in the number of girls and women in natural sciences and mathematics, as well as in the number of women in research institutions (357 women more in 2020). While welcoming these efforts, the Committee would like to draw the Government’s attention to the importance of ensuring that measures taken to promote gender equality do not in practice reflect stereotyped assumptions regarding women’s aspirations and capabilities or suitability for certain jobs, thus reinforcing gender stereotypes by promoting women’s participation in areas where they are traditionally highly concentrated, such as hotel services or hairdressing. In that regard, the Committee notes that, in its 2021 concluding observations, the CEDAW expressed specific concerns at: (1) the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society; (2) the persistence of discriminatory gender stereotypes in school curricula and textbooks and the lack of education on gender equality; and (3) vertical and horizontal occupational segregation. The CEDAW further expressed specific concern at the situation of rural women, in particular regarding their limited access to education, formal employment, and credit and economic empowerment schemes (CEDAW/C/RUS/CO/9, paragraphs 22, 36, 38 and 42). In light of the persistent gender stereotypes and occupational segregation in the labour market and the absence of substantial progress made in the past years, the Committee urges the Government to step up its efforts to promote effective equality of treatment and opportunity between men and women in employment and occupation. It also asks the Government to provide information on:

(i)the nature and impact of the measures taken to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in the family and society, including through the diversification of the fields of vocational education and training for women;
(ii)the concrete measures implemented to promote and enhance the participation of women in the labour market and in decision-making positions on an equal basis with men, both in the public and private sectors; and
(iii)the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma people. The Committee notes the Government’s indication that a comprehensive action plan for the socio-economic and ethnocultural development of the Roma in the Russian Federation was approved in 2019 and is currently being implemented. It also notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) was concerned about: (1) the creation of separate “Roma classes” in certain schools is presented by the Russian authorities as a tool for responding flexibly to the situation and needs of Roma children; (2) reports from civil society organizations describing other cases of racial segregation in certain schools, for example in the Volgograd area, involving separating Roma children from others during school-meals, use of the school library or sports activities; and (3) allegations from NGOs that Roma pupils are sometimes asked by their school administration not to participate in celebrations to mark the beginning of the new school year (CRI(2019)2, page 10 and paragraph 76). The Committee further notes that, in its 2021 concluding observations, the CEDAW also expressed concern about reports of segregation and discrimination in access to education against Roma people (CEDAW/C/RUS/CO/9, paragraph 36). The Committee asks the Government to strengthen its efforts to combat stigma, prejudices and discrimination against Roma people in order to ensure effective equality of opportunity and treatment in education, training and employment. It asks the Government to provide information on:

(i)the measures taken to that end, in particular in the framework of the Comprehensive Action Plan for the socio-economic and ethnocultural development of the Roma in the Russian Federation approved in 2019 or any follow-up strategy adopted, as well as on any study or report available on their impact;
(ii)any particular measures implemented to specifically address the segregation faced by Roma people in practice, including with regard to their access to education without discrimination; and
(iii)the participation of Roma people in education, professional and vocational training courses, as well as in the labour market.

Migrant workers. Referring to its previous comments where it requested the Government to take specific measures to strengthen the enforcement of the provisions of the Labour Code prohibiting discrimination based on grounds of race, ethnicity and national origin, the Committee notes with regret that the Government did not provide information in this regard. It notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) expressed specific concern about migrant workers from Central Asia and “others of non-Slav appearance” often becoming victims of police harassment and racial profiling, which is an obstacle to their integration, as such experiences alienate the individuals concerned and, by extension, the wider relevant groups they belong to, and diminish trust in the State authorities. Furthermore, Central Asians and “others of non-Slav appearance” as well as persons of African descent are also frequent victims of racial violence, including murder in some instances (CRI(2019)2, pages 10–11 and paragraph 87). The Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at: addressing gaps in education, training and skills; providing unbiased vocational guidance; recognizing and validating the qualifications obtained abroad; and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps – such as laws, policies, programmes, mechanisms and participatory processes, and remedies – designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population (general observation of 2019 on discrimination based on race, colour and national extraction). The Committee also refers to its 2020 observation on the Forced Labour Convention, 1930 (No. 29), where it noted allegations regarding the increased risk of falling into forced labour faced by migrant workers. The Committee urges the Government to adopt every necessary measure to: (i) prevent and address discrimination on the grounds of race, colour and national extraction, including by addressing prejudices and stereotypes and promoting tolerance; and (ii) ensure equality of opportunity and treatment in employment and occupation for migrant workers and students, in particular Central Asians and “others of non-Slav appearance”, as well as persons of African descent.

It asks the Government to provide information on: (i) any specific measures implemented to that end, such as awareness-raising through media campaigns, as well as any assessment made of their impact; and (ii) any measures taken to ensure that victims of discrimination on the grounds of race, colour and national extraction have access to effective protection and remedies, including information on the number, nature and outcome of cases or complaints of discrimination on such grounds dealt with by the courts or any other competent authorities.

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