Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Fédération de Russie (Ratification: 1961)

Autre commentaire sur C111

Observation

Demande directe

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

Article 1(1) of the Convention. Prohibition of discrimination in job advertising. Application in practice. In reply to the previous observations made by the KTR regarding the fact that, despite the legislation, some job advertisements were containing discriminatory grounds, and that many employers and recruitment agencies who had stopped publishing discriminatory job advertisements, were still applying discriminatory criteria at the recruitment stage, in practice, the Committee notes the Government’s statement that all job vacancies posted by employers on the all-Russian vacancy database automated information system, “Work in Russia”, are subject to compulsory moderation. The Government adds that the list of fields to be completed in the vacancy form available in the database makes it impossible to discriminate against applicants. The Committee takes note of this information. It notes however that, in its new observations the KTR highlights that: (1) “Work in Russia” is not the only resource for publishing information and job vacancies; and (2) in practice, many organisations, including State bodies at both federal and regional levels, continue to apply discriminatory requirements during the recruitment stage, regarding mainly jobseekers’ sex, marital status and whether they have children. In KTR’s views, one of the reasons is the lack of a legislative ban on asking questions other than those directly linked to the professional and vocational skills of applicants, at the recruitment stage. The Committee asks the Government to provide information on:

(i)any measures implemented to ensure that, in practice, employers and recruitment agencies do not apply discriminatory criteria at the recruitment stage;
(ii)any awareness-raising activities carried out for employers, workers and their organizations regarding the prohibition of discrimination in job advertising pursuant to section 25 of Federal Law No. 1032-1; and
(iii)any cases of discrimination in recruitment dealt with by the courts or any other competent authorities, the penalties applied and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment on the grounds of race, colour and national extraction. Indigenous peoples. The Committee takes note of the adoption of Federal Act No. 11-FZ of 6 February 2020, amending Federal Law No. 82-FZ of 30 April 1999 on Guarantees of the Rights of Numerically Small Indigenous Peoples, in order to establish a unified list of indigenous peoples belonging to the small-numbered indigenous peoples (i.e. with a population of less than 50,000 individuals) and a procedure for registration to be able to have access to their traditional lands and livelihoods and participate in decision-making processes at the local, regional and federal levels. It notes, from the Government’s report sent to the CERD that 47 peoples are officially recognized as small-numbered indigenous peoples (CERD/C/RUS/25-26, 3 July 2020, paragraph 297). The Committee notes however that, in its 2021 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) specifically recommended that the Government: (1) adopt measures to facilitate the registration of indigenous women and girls on the unified list of indigenous peoples and ensure their access to education, social benefits and health care; and (2) ensure and protect indigenous women’s collective rights to traditional land and resources and to effective participation in decision-making bodies and processes at the local, regional and federal levels (CEDAW/C/RUS/CO/9, 30 November 2021, paragraph 45). The Committee asks the Government to provide information on any steps taken:

(i)to implement Federal Act No. 11-FZ of 6 February 2020, including any difficulties faced in practice by small-numbered indigenous peoples during the procedure for registration on the unified list as a pre-requirement to have access to their social and economic rights;
(ii)to ensure that indigenous peoples, in particular those belonging to the small-numbered indigenous peoples, have access without discrimination to education, land and resources, especially those which allow them to practice their traditional activities and retain their means of subsistence; and
(iii)to promote equality of opportunity and treatment for indigenous peoples in education, training, employment and occupation.

Equality of opportunity and treatment for persons with disabilities. Education and employment. The Committee notes that the Government did not provide information regarding access to primary and secondary education of children with disabilities or access to persons with disabilities to employment and education in response to its previous comments. The Committee notes that, in the framework of the Programme of cooperation between the Russian Federation and the ILO for 2021-2024, the Government specifically identifies as a priority to ensure equality of opportunities in employment for persons with disabilities, including access to vocational training (page 5). The Committee asks the Government to provide information on:

(i)the concrete measures implemented to prevent and address discrimination against persons with disabilities and promote their equal opportunities in all aspects of employment and occupation, including measures to combat prejudices and stereotypes, in the framework of the Programme of the cooperation between the Russian Federation and the ILO for 2021-2024 or otherwise;
(ii)the employment rates of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market) if possible, both in the public and private sectors.

Monitoring and enforcement. The Committee notesthe Government’s statement that no case of non-compliance with the Convention was identified. It notes however that, in its observations, the KTR expresses concern regarding the inadequacy of existing mechanisms to ensure protection against discrimination, mainly as a result of: (1) the obligation to make a complaint for discrimination before a court, as no other body is competent to deal with such cases, including the state labour inspectorates; (2) the limited awareness of law enforcement authorities regarding discrimination, including regarding the procedural aspects for examining disputes concerning discrimination; (3) the inadequacy of the rules regarding the burden of proof which is placed upon the victim of discrimination; and (4) the limited means of redress available for workers. The Committee further refers to its 2020 observation on the application of the Labour Inspection Convention, 1947 (No. 81) regarding the state labour inspectorates’ alleged refusal to respond to workers’ complaints submitted during the pandemic, as well as an increase in labour rights violations. The Committee recalls that where no case or complaint, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey, para. 870).In that regard, the Committee notes that in its 2021 concluding observations, the CEDAW expressed specific concerns at: (1) the limited awareness among the branches of the Government, including the judiciary, prosecutors and law enforcement officers, on women’s rights and substantive equality between women and men and the lack of awareness among women themselves, in particular rural women, which presents an obstacle for them to claim their rights; and (2) the barriers faced by women in gaining access to justice such as judicial bias and discriminatory stereotypes among judges, prosecutors, law enforcement officials and lawyers towards women reporting violations of their rights, particularly women belonging to disadvantaged groups, especially in rural areas (CEDAW/C/RUS/CO/9, 30 November 2021, para.8 and 12). The Committee therefore again urges the Government to provide information on:

(i)the number and outcomes of inspections carried out by the Federal Service for Labour and Employment (RosTrud) and its territorial bodies, the state labour inspectorates regarding discrimination in employment and occupation;
(ii)the number and content of cases brought before the courts, the penalties applied and remedies granted; and
(iii)any measures taken to raise public awareness of the provisions of the Convention and the legislation, the procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address effectively cases of discrimination.