Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. With reference to its previous direct requests, the Committee has noted with interest Act No. 12/91 of 6 May 1991 to revise the Constitution, which guarantees political pluralism, freedom of opinion and expression, freedom of religion and worship and freedom of association. The Committee has also noted with interest Decree No. 24/91 of 5 July 1991 laying down the general principles of career organisation in the public service; Decree No. 25/91 of 5 July 1991 establishing the legal employment relationship in the public administration; Decree No. 33/91 of 26 July 1991 on the disciplinary rules governing public servants and agents of the public administration; and Joint Executive Decree No. 42/91 of 26 July 1991 to regulate applications for admission to organs of the public administration, which impose no conditions or restrictions relating to political opinion on admission to or career progress in the public service.

2. The Committee notes, however, that section 21 of Act No. 12/91 of 6 May 1991, which states that all citizens are equal before the law and enjoy the same rights and duties without distinction as to colour, race, ethnic origin, sex, place of birth, religion, educational level or economic and social status, makes no reference to political opinion. The Committee points out that it has already drawn attention to this omission from section 8 of the Constitutional Act of 1975 and section 2 of the General Labour Act, and that the Government stated in 1985 that the Committee's comments had been brought to the attention of the People's Assembly. The Committee therefore hopes that the Government will be able to take the necessary measures to include in the national law provisions prohibiting any discrimination in employment on the basis of political opinion and that it will indicate the measures taken or contemplated to that end.

3. In its previous request, the Committee noted that section 65(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University included among the functions and powers conferred on the University Council of Agostinho Neto University that of aiming to ensure the political and ideological training of university administrative staff and graduates. It noted that section 20 of Decree No. 37/89 of 22 July 1989 to approve the regulations governing postgraduate courses provided that candidates for admission to higher education courses abroad must be selected by the Executives' Division of the Central Committee of the Labour Party. The Committee noted further that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the teaching staff of the University provided that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement that comprehensive and substantial reforms are in progress concerning, in particular, the education sector. It notes with interest that section 18 of Decree No. 37/89 of 22 July 1989 has been amended by Decree No. 28/91 of 5 July 1991 and that candidates for higher education courses abroad will henceforth be chosen by the Ministry of Education. The Committee reiterates the hope that, in the process of this comprehensive reform of education, the Government will take the necessary measures to eliminate any discrimination on the basis of the criteria spelt out in Article 1, paragraph 1(a), of the Convention, and in particular of political opinion so far as access to education and training is concerned. It asks the Government to keep it informed of the progress made in that field.