#AllJobs4AllWomen: How ADC Memorial and its partners successfully advocate for the abolition of women’s labor restrictions in Eastern Europe and Central Asia

Мар 07.2024

Until recently, labor laws in many Eastern European and Central Asian States banned women from hundreds of professions. Since 2017, a number of States have abolished these lists of prohibited occupations. In Russia, Belarus and Tajikistan, these lists remain in force, but were significantly shortened. Only in Kyrgyzstan, however, no legislative changes have been introduced so far. On the occasion of International Women’s Day, the International Federation for Human Rights (FIDH) wishes to highlight the #AllJobs4AllWomen campaign of its member organisation, ADC Memorial, which led to this groundbreaking success and is aimed at the complete abolition of all professional bans for women in Eastern Europe and Central Asia. Together with the Human Rights Movement Bir Duino Kyrgyzstan and the Coalition for Equality (Kyrgyzstan), the organisations call on the Kyrgyzstani authorities to lift the professional bans for women in Kyrgyzstan.

Paris, Brussels, Bishkek, 7 March 2024. The #AllJobsforAllWomen campaign, launched 7 years ago in March 2017, is based on the fact that lists of professions prohibited for women, a legacy from the Soviet era, openly discriminate against women in the field of work. The campaign, carried out in ten States of the Eastern Europe and Central Asia region where lists of banned jobs have existed for decades, led to a change of legislation and practices for the better in nine of them.

Some countries demonstrate the best practice, namely removing discriminatory articles from their labour codes and strengthening guarantees for pregnant women and mothers (Moldova, 2017; Kazakhstan, 2021). Other countries have abolished only the lists of prohibited professions as such, while a reference to them still exists in the labour codes (Ukraine, 2017; Uzbekistan, 2019). A number of countries decided to apply professional prohibitions only for pregnant or women who recently gave birth (Azerbaijan, 2023). Some countries chose to gradually reduce the lists without changing their labor codes (Russia, Belarus, Tajikistan).

Even in the one year passed since last March, a big step forward has been made in promoting the goals and objectives of the campaign.

In 2023, the legislation of Azerbaijan changed, after a list of 678 banned professions (the largest in the region) had been in force in Azerbaijan since 1999. The bans now apply not to all, but only to pregnant women and mothers of children under the age of one year.

At the very end of 2023, the list of prohibited professions was almost halved in Tajikistan.

In Uzbekistan, the list of prohibited professions was first abolished (2019), but soon replaced with almost the same "recommendatory" list. In early 2024, the country took a number of practical steps to bring relevant by-laws in line with the governmental decision to cancel the list. The rules for driver training and licensing have been changed, with women gaining de facto access to work as drivers of trucks or buses.

 

Visual: ADC Memorial
 
The UN Committee on the Elimination of Discrimination against Women (UN CEDAW) plays an important role in improving legislation and practices related to gender equality in employment. Considering the state reports of the countries of the Eastern Europe/Central Asia region, the UN CEDAW does not miss the opportunity to recommend the abolition of discriminatory bans, meaning not only legislative changes, but also any effective measures to ensure women’s access to previously prohibited professions and fields of work.

For example, Turkmenistan formally abolished the discriminatory article of the Labor Code on prohibited professions back in 2019, however, no practical steps had been taken to guarantee women’s right to work. This became the subject of criticism by the UN CEDAW during the consideration of the state report of Turkmenistan at the 87th session of the Committee in early 2024.

In some countries, women are already successfully working in jobs that were absolutely inaccessible for them a couple of years ago (for example, in Moscow and Saint Petersburg, women can now drive metro trains). This raises the prestige of women’s work in previously purely "male" areas of employment.

In Eastern Europe and Central Asia, only Kyrgyzstan has not yet undergone any legislative or practical changes to overcome discriminatory professional prohibitions, despite the fact that civil society, including trade unions, and government agencies, such as the Ministry of Labor, Social Security and Migration, have been conducting a constructive dialogue in recent years and have prepared proposals to improve the situation. Kyrgyzstan has just recently ratified ILO Convention N°190 concerning the elimination of violence and harassment in the world of work; a draft anti-discrimination law is being discussed with the participation of the Coalition for Equality. Against this background, the recommendations of the UN CEDAW to revise the list and to amend the Labor Code (the 80th session, 2021) remain unfulfilled.

The International Federation for Human Rights (FIDH), ADC Memorial, and the Human Rights Movement Bir Duino Kyrgyzstan, with the support of the Coalition for Equality (Kyrgyzstan), call on the Kyrgyzstani authorities to bring its legislation in line with international law, to lift professional bans and to give women a real opportunity to work wherever they want and can.

We also call on all countries in the region to continue fighting discrimination against women in employment, not to allow job refusals or dismissals due to gender characteristics of a person, not to limit the right to vocational education of women, their choice of employment, the type of work or profession, and their career path.

 

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Feedback from our focus groups

SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.

DILYOR JUMABAEV

DILYOR JUMABAEV

Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”

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