CMNT_TITLE

The Committee has taken note of the Government's report and of the information supplied in answer to its previous comments.

1. The Committee had noted earlier that Presidential Decision No. 214 of 1978 respecting the principles of the protection of the home front and social peace included a provision according to which "any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion". The Committee also noted that two laws adopted under the Decision, namely, Act No. 33 of 1978 respecting the defence of the home front and social peace and Act No. 95 of 1980 respecting the protection of values, contained similar provisions. Under section 2 of Act No. 33, "any person convicted, following an investigation by the Socialist Public Prosecutor, of advocating, or of complicity of advocating, doctrines which involve the rejection of divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders, or a post which has a bearing on public opinion, or any post of representative members on executive boards of public bodies and enterprises or press establishments". Similarly, under section 4 of Act No. 95 of 1980, any person proved guilty of violating the fundamental values of the people, including the rights and religious values of the people, is prohibited, for a period of six months to five years, "from being a candidate to, or occupying, posts of chairman or of member of steering committees or of boards of administration of societies or public bodies" and "from occupying posts or performing functions which may influence public opinion or which are related to the education of future generations". Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights unless they are deprived of them on legal grounds.

The Committee notes from the Government's report that Presidential Decision No. 214 concerns any person likely to oppose or combat the divine religions but that at present there is none in the country who is so engaged. It is further stated that the relevant provisions, while not applied in practice, are maintained in order to protect the divine religions and ensure the security of the State, as allowed by Article 4 of the Convention. The Government also recalls that article 40 of the National Constitution ensures for all citizens equality before the law.

As the Committee had pointed out in earlier comments, conformity should be ensured in the wording as well as in the application of the above-mentioned national provisions with Article 1(a) of the Convention, regarding any exclusion or preference based on religion. (The Committee requests the Government to refer in this respect to paragraphs 47 to 49 of its General Survey of 1988 on equality in employment and occupation.) The Committee further recalls that the expression of opinions or religious, philosophical or political beliefs is not in itself a sufficient base for the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that no violent methods are advocated or used (the Committee requests the Government to refer to paragraph 135 of the same General Survey).

The Committee once again draws the Government's attention to the need to re-examine all the national provisions in question in relation to the relevant provisions of the Convention. It requests the Government to make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in employment and occupation laid down by the Convention is applied to all persons, regardless of their religious application or beliefs. The Committee asks the Government to report any measures taken to this end.

2. In earlier comments the Committee raised the question of section 18 of Act No. 148 of 1980 respecting the power of the press, being contrary to the principles of the Convention. Section 18 prohibits the publication, participation in the publication or the ownership of newspapers, to certain categories of persons (persons prohibited from exercising their political rights or from forming political parties, persons professing doctrines that reject divine laws, and persons convicted by the Court of moral values). The Committee had also noted that Act No. 33, mentioned above, imposed restrictions, enforced by disciplinary sanctions, on members of the journalists' trade unions, in respect, in particular, of the freedom to publish or disseminate, through the press or any other information media, articles prejudicial to the "democratic socialist regime of the State" or "to the socialist achievements of the workers and peasants".

The Committee points out that the legislative provisions in question are contrary to Article 1(a) of the Convention, to the extent that they give rise to discrimination based on political opinion and having the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation for the persons concerned. The Committee notes that the Government reiterates in its report its earlier statement according to which section 18 of Act No. 148 was to be repealed on the occasion of a revision of the press law and also indicates that Act No. 33 is under discussion by the competent services.

The Committee hopes that the Government will make every effort in order soon to bring the above-mentioned provisions into conformity with the Convention in respect of Article 1(a). It requests the Government to indicate any progress made in this respect.