Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's reports. In particular, it notes the constitutional changes introduced by the adoption of Act No. 23/92 of 16 September 1992 to approve the revision of the Constitution, with the aim of pursuing and consolidating the partial reforms which had already been undertaken in March 1991 to establish a democratic and lawful State, and which repealed Act No. 12/91 of 6 May 1991.

1. Further to its previous comments, the Committee recalls that the constitutional provisions which establish the equality of citizens before the law without distinction do not refer to political opinion. The Committee notes with interest that Act No. 23/92 includes in section 18 "ideology" among the criteria in respect of which citizens are equal. The Committee understands that the term "ideology" applies to political opinion and it would be grateful if the Government would clarify in its next report whether the term "ideology" is used in the sense meant by the Convention, that is in relation to activities which express or demonstrate political opinions which are in accordance with or opposed to established political principles, whether these activities are of an individual or collective nature.

The Committee also notes that the General Labour Act of 1981 is currently being revised in order to reflect the liberal development in the country. It recalls that, in order to give effect to the Convention, it is necesssary to protect the employment and occupation of individuals against any discrimination based on the criteria set forth in Article 1, paragraph 1(a), of the Convention. The Committee hopes that the Government will be able to describe the progress achieved in this respect in its next report.

2. With regard to access to education and training, and in respect of university courses and the orientation of education, the Committee recalls that the Government stated in a previous report that the substantial overall reforms which were under way also covered the education system. In its previous comments, the Committee noted that section 6(5)(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University provide that the University Council should ensure the political and ideological training of university administrative staff and graduates. It also noted that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the university teaching staff provides that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement that the elimination of any reference to ideology in the Constitution and the fact that the MPLA-PT is no longer the party in power imply that any conflicting provision, such as that of Decree No. 17/89 above, is null and void. The Committee believes that amendments to the law would make it possible to eliminate any ambiguity in respect of political and ideological requirements affecting the education system. The Committee therefore trusts that the Government will be in a position to inform it in its next report of the legislative progress achieved in this respect.

3. The Committee is raising other points in a request addressed directly to the Government.