Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Public service. The Committee recalls the comments which it has being making for more than 20 years, in which it underlines the need to amend section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 concerning the general principles of the public service, which prohibit discrimination only on the basis of philosophical or religious views and on the basis of sex, so as to ensure that officials enjoy protection against discrimination on the basis of at least all the criteria set forth in Article 1(1)(a) of the Convention. The Committee notes the Government’s reference in its report to section 11 of Act No. L/2001/028/AN of 31 December 2001 establishing general regulations for public officials, which states that no distinction may be made among officials on account of their political, trade union, philosophical or religious opinions, or on the basis of their sex or ethnic origin. The Government adds that it considers that section 11 of the general regulations for public officials takes account of Article 1(1)(a) of the Convention. However, the Committee notes the Government’s indication that it has also duly noted the Committee’s observations concerning section 20 of Ordinance No. 017/PRG/SGG and that it will take the necessary steps to amend this section.

The Committee recalls that, even though discrimination against an ethnic group indeed constitutes racial discrimination within the meaning of the Convention, it nevertheless wishes to emphasize that discrimination on the basis of ethnic origin does not cover all aspects of discrimination on the basis of race, colour, or national extraction and, even less so, of discrimination on the basis of social origin. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and that social origin refers to an individual’s membership of a social class, socio-occupational category or a caste, such membership being likely to determine his or her occupational future. In order to ensure that officials and candidates for employment in the public service are afforded protection against all direct or indirect discrimination on the basis of at least all the grounds of discrimination referred to in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, the Committee requests the Government to take the necessary steps to amend the provisions of section 11 of Act No. L/2001/028/AN establishing the general regulations for public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles for the public service, and to supply information on any measures taken towards this end. Pending these amendments and in the absence of legislative provisions to this effect, the Committee requests the Government to indicate the manner in which officials and candidates for employment in the public service are protected against discrimination on the basis of race, colour, national extraction or social origin, indicating in particular whether, and how, cases of discrimination on the basis of the aforementioned grounds have already been dealt with by the competent authorities.

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