On ratification by the Republic of Kazakhstan of the 1958 Convention on Discrimination in Employment and Occupation

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Law of the Republic of Kazakhstan dated July 20, 1999 No. 444-I

To ratify the 1958 Convention on Discrimination in Employment and Occupation, adopted in Geneva on June 25, 1958.

President N. Nazarbayev of the Republic of Kazakhstan

Convention 111

Convention on Discrimination in Employment and Occupation

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 4 June 1958 for its forty-second session, decided to adopt a number of proposals on discrimination in employment and occupation, which is the fourth item on the agenda of the session, deciding to give these proposals the form of an international convention, bearing in mind that The Philadelphia Declaration proclaims that all people, regardless of race, faith, or gender, Have the right to realize their material well-being and spiritual development in conditions of freedom and dignity, economic stability and equal opportunities, further considering that discrimination constitutes a violation of the rights proclaimed in the Universal Declaration of Human Rights, adopts this twenty-fifth day of June one thousand nine hundred and fifty-eighth the following Convention, which will be referred to as the Convention of 1958 discrimination in employment and occupation:

Article 1

1. For the purposes of this Convention, the term "discrimination" includes: (a) Any distinction, exclusion, or preference based on race, color, sex, religion, political opinion, foreign origin, or social origin that results in the elimination or violation of equality of opportunity or treatment in employment and occupation.; (b) Any other distinction, exclusion or preference leading to the elimination or violation of equality of opportunity or treatment in the field of work and occupation, as determined by the Member concerned in consultation with representative organizations of employers and workers, where such exist, and with other relevant bodies. 2. Any distinction, exclusion, or preference in relation to a particular job based on the specific requirements of that job is not considered discrimination. 3. For the purposes of this Convention, the terms "work" and "occupation" include access to vocational training, access to work and various occupations, as well as pay and working conditions.

Article 2

Each Member for which this Convention is in force undertakes to define and implement a national policy aimed at promoting, by methods consistent with national conditions and practices, equality of opportunity and treatment in respect of work and occupation, with a view to eliminating all discrimination against them.

Article 3

Each Member for which this Convention is in force undertakes, by methods appropriate to national circumstances and practices, to: (a) seek to ensure the cooperation of employers' and workers' organizations, as well as other appropriate bodies, in promoting the adoption and observance of this policy; (b) introduce such legislation and promote such educational programs as will ensure the adoption of and compliance with this policy; (c) Repeal any legislative provisions and amend any administrative instructions or practices incompatible with this policy; (d) Implement the established labour policy under the direct supervision of the State authority; (e) Ensure compliance with the established policy in the activities of vocational guidance, vocational training and employment institutions under the direction of the State authority; (f) To indicate in its annual report on the application of the Convention the activities carried out in accordance with the said policy and the results achieved through these activities.

Article 4

Any measures directed against a person against whom there are reasonable suspicions or it is proven that he is engaged in activities that undermine the security of the State are not considered discrimination, provided that the person concerned has the right to apply to the competent authority established in accordance with national practice.

Article 5

1. Special protection and assistance measures provided for in other conventions and recommendations adopted by the International Labour Conference are not considered discrimination. 2. Each Member of the Organization may, in consultation with representative organizations of entrepreneurs and workers, where they exist, establish that any other special measures aimed at meeting the special needs of persons who, for reasons of gender, age, physical disability, family circumstances, or social or cultural level, are usually recognized as needing special protection or assistance, will not be considered discrimination.

Article 6

Each Member of the Organization that has ratified this Convention undertakes to apply it in territories outside the metropolitan area in accordance with the provisions of the Constitution of the International Labor Organization.

Article 7

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 8

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 9

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 10

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director General draws their attention to the date of entry into force of the Convention.

Article 11

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications and denunciations registered by him in accordance with the provisions of the preceding articles.

Article 12

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 13

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of Article 9, the immediate denunciation of this Convention, provided that the new the revising Convention has entered into force; b) starting from the date of entry into force of the new revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.

Article 14

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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