Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the very brief and general information contained in the Government's reports.

1. The Committee notes that the Government repeats that no discrimination on the basis of sex, race or any of the other grounds laid down in Article 1, paragraph 1(a), of the Convention exist in practice or in law since it is prohibited by the law. It adds that any discriminatory provisions or practice would be illegal and incompatible with the pertinent provisions of the 1990 Constitution. The Committee recalls, however, that all the grounds for discrimination are not prohibited by the Constitution, section 66 of which does not expressly mention political opinion. Referring to the Government's previous statement that it will take into account the 1988 General Survey on equality in employment and occupation, paragraphs 54 et seq., and that it will reply in its future reports to the question of supplementing the provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination, the Committee reiterates the hope that measures will be taken to that end and that the next report will contain full information on the subject.

2. Furthermore, the Committee notes that the report contains no specific reply to its previous comments concerning the repeal of discriminatory provisions on the basis of political opinion contained in Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants. In this regard, the Committee notes that the report indicates that in the framework of the previous Constitution (1975), in order to enter public service and managerial functions in the state administration, certain requirements of a political and revolutionary nature had to be complied with and that this situation arose from the single-party system which, meanwhile, has been replaced by the multi-party system introduced by the 1990 Constitution. The Committee recalls the Government's earlier statement that the recognition of a multi-party system by sections 30 et seq. of the new Constitution (1990) establishes the requisite conditions so that commitment to the revolutionary process has less and less relevance for access to higher posts, both in the public service and in other sectors of activity. The Committee repeats its often expressed hope that sections 41(2)(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 to approve the general conditions of service of public servants will be amended so as to restrict requirements involving political or revolutionary commitment to higher posts which directly involve implementing government policy.

3. Referring to its previous comments which have received no reply, the Committee once again requests the Government to provide information with its next report on the measures which have been taken or are envisaged to amend section 2 of the Order of the Secretary of State for Labour of 21 May 1982 so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service, in conformity with section 3(1) of the General Act on Labour of 14 December 1985 and Article 3(c) of the Convention.

4. The Committee notes from the report that the economic difficulties which the country is undergoing at present do not permit collection of the information requested concerning, in particular, positive measures to promote equality of women in access to training and employment. Noting the Government's previous undertaking to supply in future reports statistical data and other information on the development of the situation of women with regard to access to education, vocational guidance and training, and employment in the various sectors of activity and to managerial posts, the Committee reiterates the hope that provisions will finally be taken to assemble, with the cooperation of organizations of employers and workers and any appropriate body, and to send this information with the next report. In view of the establishment under Decree No. 7 of 9 March 1994 of a tripartite labour advisory commission, the Committee suggests that the secretariat of the commission should be approached with a view to collecting this information.