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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.