Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Kazakhstan (Ratification: 1999)

Autre commentaire sur C111

Observation

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Follow-up to the discussion of the Conference Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussions of the Conference Committee on the Application of Standards in May–June 2014. The Committee notes that the Government’s report has not been received.

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that section 7(2) of the Labour Code of 2007 covers all prohibited grounds listed in Article 1(1)(a) of the Convention, except the ground of colour. Section 7(2) also includes a number of additional grounds, as envisaged in Article 1(1)(b) of the Convention (including age, physical disability, tribe and membership in a public association). The Committee notes that during the discussions on the application of the Convention at the Conference Committee, the Government indicated that race is generally understood to be inseparable from skin colour, but that further consultations will be held with representatives of the central state authorities and with the social partners with a view to resolving the issue of colour as a ground of discrimination. The Committee recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee encourages the Government to carry out the consultations planned in order to adopt legislation prohibiting discrimination on the grounds of colour in employment and occupation and to provide information on any progress made in this respect. The Committee further requests the Government to provide detailed information on the measures taken to ensure effective protection against discrimination based on the grounds of the Convention, including colour.

Article 2. Exclusion of women from certain occupations. The Committee recalls that the list of jobs for which it is prohibited to engage women and the maximum weights for women to lift and move manually, pursuant to section 186(1) and (2) of the Labour Code shall be determined by the State Labour Authority in agreement with the health authorities. The Committee notes Resolution No. 1220 of 28 October 2011, provided by the Government, which contains an updated list of prohibited jobs for women and sets out the weight limits for manual lifting and moving by women. The Government indicated to the Conference Committee that the list had been updated four times in 20 years, the latest in 2011. The Government further indicated that the prohibitions do not restrict employment but serve to protect motherhood and women’s health, in particular taking into account that the level of automation in manufacturing in the country is lower than in the rest of Europe. The Committee notes that the list contains 299 prohibited occupations some of which include operation of weightlifting machines and bulldozer machines. While the Committee understands that these measures are motivated by the wish to protect women’s health and safety, it recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment of men and women in employment and occupation. The Committee further recalls that special measures for the protection of women should be limited to maternity protection in the strict sense. Moreover, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to take the necessary steps to review the current list of occupations prohibited to women with a view to ensuring equal opportunities and equal protection of health and safety for both men and women, and provide information on the progress made in this regard. Please also include information on the measures taken to consult workers’ and employers’ organizations and the results of such consultations.

Equality of opportunity between men and women in employment and occupation. The Committee notes, from the statistics on women’s employment provided by the Government to the Conference Committee for the first quarter of 2014, that women represented 48.6 per cent of the employed population, and 56.2 per cent of the unemployed. The statistics indicate that women’s participation was 54.6 per cent in the civil service, 31 per cent in industrial production, 26 per cent in construction, 47 per cent in agriculture, forestry and fishing, 60 per cent in finance and insurance, 50 per cent in the professional, scientific and technical sectors and 74 per cent in education. The Government further indicated that the “Roadmap for employment to 2020” includes mechanisms to combat the crisis and also targets women. The Committee previously noted the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men and Women and the Strategy for Gender Equality 2006–16 which has among its objectives achieving equal representation of men and women in the executive and legislative bodies and in decision-making positions, developing women’s entrepreneurship, and increasing women’s competitiveness in the labour market. The Committee requests the Government to indicate the specific measures taken, particularly in the framework of the Law of 2009 on State Guarantees on Equal Rights and Equal Opportunities of Men And Women, the Strategy for Gender Equality 2006–16 and the “Roadmap for employment to 2020” to promote and ensure equality of opportunity and treatment for women in employment and occupation in a wide range of jobs, including high-level jobs and those with career prospects. Please provide information, including statistics disaggregated by sex, on the impact of these measures on the participation of women in the labour market (private and public sectors). Please also provide information on the distribution of women and men in the various vocational training courses and in education.

Workers with family responsibilities. The Committee recalls that section 187 of the Labour Code requires written consent of women with children under the age of 7 years and other persons bringing up children under the age of 7 years without a mother, in cases of night work, overtime work, business trips or rotation work. Sections 188 and 189 provide that fathers have the right to child feeding breaks and to part-time work only with respect to children without a mother. The Committee notes that the Government indicated to the Conference Committee that Law No. 566-IV of 17 February 2012, amending and supplementing the Labour Code for the purpose of combining employment with family responsibilities, which introduces amendments to section 189 of the Labour Code making it possible, with mutual consent, for the father to work also part-time. Regarding the amendment of sections 187 and 188 of the Labour Code, the Government indicated that these require further study in collaboration with the social partners. The Committee notes the ratification by Kazakhstan of the Workers with Family Responsibilities Convention, 1981 (No. 156), on 17 January 2013. The Committee hopes that the Government will take the necessary measures, in consultation with the employers’ and workers’ organizations, to amend sections 187 and 188 of the Labour Code, so as to grant the entitlements on an equal footing to both women and men and requests the Government to provide information on any developments in this regard.

Equality of opportunity and treatment of ethnic and religious minorities. The Committee notes that the Government indicated to the Conference Committee that no statistics are available of the labour market participation of men and women from ethnic and religious minorities. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the Government take effective measures to increase the representation of non-Kazakh ethnic groups in the civil service, including by limiting the requirement for mastery of the Kazakh language only to positions where it is essential (CERD/C/KAZ/CO/6-7, 17 March 2014, paragraph 9). The Committee asks the Government to indicate the specific measures taken to promote equality of opportunity in employment and occupation of ethnic and religious minorities and improve the representation of non-ethnic Kazakhs in the public service. Please provide information on the occupational requirements of the public service, in particular the language requirements. The Committee further requests the Government to take the necessary steps to collect and analyse data on the distribution of men and women belonging to ethnic or religious minorities in the public and private sector disaggregated by branch of activity and occupation.

Enforcement. The Committee notes the information provided by the Government concerning the activities carried out by the labour inspectors, as well as the 200 special investigations undertaken in 2013 concerning discrimination. The Committee requests the Government to continue to provide information on measures taken to monitor compliance with the relevant legislation and any violations detected by the labour inspectors, as well as any court or administrative decisions relating to the principle of the Convention including any remedies provided and sanctions imposed.