Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the communication dated 19 November 1996 submitted by the National Union of National Tourist Board's Workers (SNT) relating to alleged violations of the Convention by the Government in drawing up the General Tourism Act No. 300 of 30 July 1996. The SNT's communication claims that this Act, in particular sections 101, 102, 103 and 108, violates Article 1, paragraph 1(a), of the Convention, because it establishes a different statute for workers of the National Tourist Board in relation to the termination of employment contracts, pension rights and admission to other state bodies, since they have already received compensation for their dismissal. The Committee also notes the detailed information sent by the Government in relation to the SNT's communication. In particular, the Government points out that at no time does the text of the Act seek to nullify or impair equality of opportunity or treatment in employment or occupation.

2. In this respect, the Committee notes that it is not clear from the SNT's communication how the sections of Act No. 300 violate the principles of the Convention, since paragraph 1(a) of Article 1 of the Convention establishes seven specific criteria for discrimination likely to nullify or impair equality of opportunity or treatment in employment or occupation (race, colour, sex, religion, political opinion, national extraction or social origin) and none of the seven criteria for discrimination has been mentioned in the points raised in the SNT's communication. In these circumstances, the Committee considers that the questions raised by the SNT do not fall within the framework of the Convention.

3. Finally, the Committee notes with interest the adoption of Act No. 393 of 1997 on enforcement procedures, which can be brought by any person, physical or legal, whose interests have been harmed by the failure of a public authority to comply with a law or administrative act. The Committee would be grateful if the Government would inform it whether under this Act, cases can be brought for acts of discrimination in employment and occupation.