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

The Committee notes the information provided by the Government in its report in reply to its previous comments, in particular its explanation that, under the Constitution, the principle of non-discrimination laid down in section 17 of the Industrial Relations Act (No. 90-11 of 1990) is not only applied only at the time of recruitment, but also during the course of employment, in respect of promotion and in the determination of the employment relationship, as well as in conditions of work, employment and remuneration, as indicated in the text.

1. With reference to its previous comments concerning the fact that the national legislation does not prohibit discrimination in employment and occupation on the grounds of religion, the Committee notes that the Government repeats its previous statement that religion has never, in practice, given rise to discrimination. It adds that the Committee's observation was brought to the attention of all departments responsible for formulating the texts of laws and regulations, and that it will not fail to inform the Committee of any further developments in this matter. The Committee draws the Government's attention to paragraph 58 in fine of its 1988 General Survey on Equality in Employment and Occupation, in which it points out that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention". The Committee therefore hopes that measures will be taken shortly to ensure that the national legislation includes religion among the prohibited grounds of discrimination in respect of employment and occupation and asks the Government to indicate in its next report any progress made in this respect.

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