Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, the Under Secretary of Social Welfare, stated that this Government recognised the facts mentioned in point No. 1 of the Committee of Experts' observations. In 1991 a draft law had been placed before the National Congress to rectify the situation of workers dismissed for political reasons under the military regime; this draft was being debated in the Chamber of Deputies. The draft provided special benefits for workers dismissed for political reasons, including the possibility of early retirement in certain circumstances; an improved calculation of the qualification period for acquiring the right to a pension; the right to obtain a pension at 65 without being in permanent employment; and facilities for obtaining an ex gratia pension. An agreement had been reached on 6 June 1992 between the Government and the Comando de Exonerados de Chile aimed at a substantial improvement of the content of the draft law currently under discussion. Under the agreement, persons dismissed for political reasons would have a right to new improvements in pensions granted to them together with the opportunity to increase their amount. Access to pensions would be considered together with means for easing reintegration of workers dismissed from the public service and improved access to opportunities for vocational training and small-scale enterprises. Tens of thousands would benefit from the draft law, by which the Government was seeking to compensate for the economic disadvantages and moral injury suffered by workers who had been dismissed for political reasons. It should be emphasised that since 10 March 1990 there had been no case of dismissal for political reasons.

The Employers' members reviewed the Committee of Experts' observations and welcomed the positive information contained in it as well as the statement of the Government representative. They were fully confident that the compensation referred to by the Committee of Experts would be granted by the draft legislation mentioned. As concerned the powers of rectors of the universities to impose disciplinary sanctions for political reasons, it was desirable that such provisions should be repealed and it was hoped that the repeal, if not already carried through, would be effected as soon as possible.

The Workers' members approved of the progress reported, but pointed out that the Government was announcing measures already announced last year. They sought more precise data as to implementation of the measures announced; they urged the Government to take all necessary steps promptly.

The Government representative indicated that the agreement between his Government and the Comando de Exonerados de Chile was a concrete fact to be adopted in legal form by the National Congress. This new agreement demonstrated a desire for dialogue and concerted action. The Government would provide information of the Committee of Experts' third point 3 in its next report.

The Committee noted with interest the information supplied by the Government. It welcomed the progress attained on the points raised by the Committee of Experts, notably the submission to the National Congress of a Bill to amend existing legislation. The Committee hoped to be in a position, at one of its next meetings, to conclude that legislation and practice were in complete conformity with the Convention.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative stated that the Constitution of his country prohibited any form of discrimination which was not based upon individual capacity or ability and that this prohibition was guaranteed by an effective right to appeal to the courts. He recalled that Chile had appeared in the list of cases of progress in relation to this Convention, in view of the repeal of legal provisions which had in the past been the object of comments by the Committee of Experts. Referring to section 157(6) of the Labour Code. which the Committee of Experts had cited in its observation, he stated that this particular reason for termination of an employment contract referred to acts which had an effect on work and that there had been persons found guilty of having violated Act No. 12927 on state security whose employment contracts had remained in force even in state enterprises. In reference to article 8 of the Constitution, he stated that, in the eight years that provision had been in force, it had been applied only once to a person who was not an official and who had been found by the Constitutional Court to have engaged in constitutionally impermissible acts following a trial on charges of agitating for basic change by means of the use of force. As regards Act No. 18662 which issued regulations under article 8 of the Constitution, he indicated that this Act had the very purpose of defining the scope of the constitutional provision with greater clarity and precision. He then gave indications which, in the view of his Government, would clarify the concerns voiced in relation to article 8 and its regulatory Act. The first referred to freedom of opinion which existed in Chile and which extended as well to persons proposing significant reforms of the Constitution and of the institutions established under it. He then gave indications which, in the view of his Government, would clarify the concerns voiced in relation to article 8 and its regulatory Act. The first referred to freedom of opinion which existed in Chile and which extended as well to persons proposing significant reform of the Constitution and of the institutions established under it. He recalled that ten or so political parties, mostly opposition parties, had been founded in Chile. He stated in the second place that exclusions resulting from article 8 always required a court ruling and, in the third place, that article 8 penalised acts and not a person's intent.

With regard to the powers granted to university rectors under certain decrees whose repeal the Committee of Experts had called for, he stated that, although there was no uncertainty in the situation, the Government would submit the matter to the competent authorities for consideration. In the case of the University of Chile, he affirmed that the rector of the university had given guarantees in relation to the just and equitable exercise of the powers conferred and that the special powers would be repealed automatically before the end of 1988. In reference to section 55 of the Statute of the University of Chile. he stated that in Chile no one was expelled from the university on the grounds of his or her political opinion, since that would be incompatible with the legal standards in force.

The Workers' members recalled that the application of this Convention by Chile had long been discussed by the Conference Committee, just as it had long been of concern to the Committee of Experts. The dialogue had been going on since at least 1978. The acceptance of dialogue was positive, but the situation in the country with regard to freedoms in general, and the application of this Convention in particular, were a cause for serious concern. While from time to time some progress or other act of goodwill could be noted from one year to the next, the situation remained truly worrisome. The Workers' members congratulated the National Grouping of Workers (CNT), who knew the situation from inside, for daring, under current political circumstances, to present comments which could in turn assist the Committee of Experts in relation to the application of the Convention. Where the Workers' members had looked for possible changes, the Government had instead confirmed a number of points. They could not accept the Government's argument that a legal provision which was recognised as being in non-conformity with the Convention was not being applied in practice and therefore had been tacitly repealed. As long as such legislation remained on the books. its misuse remained a possibility. This meant that article 8 of the Constitution (prohibiting any act of any person or group intended to propagate, inter alia, a doctrine advocating a conception of society, the State or law "of a totalitarian character or based on class warfare") was a catch-all for anyone who did not agree with the regime in power. The Workers' members, well aware of the dangers of applying criteria of political opposition in access to committed such offences were barred for ten years from access to any public post or position, and so forth. As the Committee of Experts had noted, this was in contradiction to the Convention. Although the Government representative had said that the provisions were not applied, and only involved persons excluded for reasons of security, individuals had in fact been affected by these provisions.

Moreover, under section 157(6) of the 1987 Labour Code, an employer could terminate a contract of employment, without entitlement to compensation, on the grounds that an offence had been committed under the Act on state security. The Workers' members found the very possibility of resorting to such abuses to be unacceptable. In addition, the Government had said that there was nothing irregular going on in the universities, yet decrees granted broad powers to university rectors to terminate professors' and officials' contracts and to expel students without having to give any reason for the decision. The Workers' members would not be satisfied until such legislative provisions had been amended and the concrete facts had changed. They once again called upon the Government to take the steps necessary to ensure that, in accordance with the Convention, no one could be denied access to the university or other institution, or be expelled therefrom, for having expressed a political opinion. They asked the Government to state when and how the modifications in various laws and in practice would be made.

The Employers' members noted that in the course of the periodic discussions of this case the Conference Committee had always been able to see changes. Last year, in view of the adoption of a new law principally governing the public service, Chile had been cited as a case of progress in relation to this Convention. The remaining concerns the Committee of Experts had expressed in its pending observation began with article 8 of the Constitution, and a state security provision which did not seem to be self-executing but rather was applied by means of court decisions. The Government representative had confirmed that this has been applied in only one case to date. The Employers' members supported the Committee of Experts' request for information about any decisions reached in practice under those provisions and on any measure taken or contemplated to amend or repeal article 8 of the Constitution and Act No. 18662. The Employers' members also drew attention to the provision in the new Labour Code permitting termination of an employment contract under circumstances regarding which the Committee of Experts had expressed concern over the danger that political opinion could be the basis for such a decision. The Government representative had stated that this related only to punishable offences which had a direct bearing on work. The Employers' members seconded the Committee of Experts' doubts as to whether this provision was precise enough, and joined in the request for additional information. They recalled that the Committee had urged the governement to re-examine provisons allowing for the termination of a worker's contract for conduct which had no bearing on the performance of duties arising from the employment relationship. In relation to the two points in the Committee of Experts' observations concerning universities, the Employers' members noted the Government representative's statements that the rectors' powers were confined to academic affairs and that no student had been expelled under the provisions in question. They welcomed the Government's assurance that it was open to re-examining this matter and hoped that the text of any new rules would be forwarded. They also supported the Committee of Experts' request for copies of court decisions; these would help to clarify the scope of application of the various legislative provisions at issue. The Employers' members noted that changes had taken place in the past. They took note of the Government's pledge to re-examine certain matters and of its mention of new rules to be drafted. Recalling the important referendum scheduled for late 1988 which might have an indirect effect on the application of this essential human rights convention, they looked forward to continuing the dialogue and to seeing positive developments in connection with ensuring full application of the Convention.

The Worker member of Colombia stated that taking account of the clear, precise comments of the Committee of Experts, the arguments presented by the Government representative of Chile were unacceptable. He considered that once again a statement of goodwill and promises was being made which, as experience had shown, would to a large extent remain unfulfilled. He considered that article 8 of the Constitution of Chile violated not only Convention No. 111 but also Conventions on freedom of association. He stressed that in the year marking the 40th anniversary of the Universal Declaration on Human Rights, violations of these rights in Chile could not be passed over lightly. He referred to the case of the Socialist Party leader Clodomiro Almeyda, who had been found by the constitutional court to have personally violated article 8 of the Constitution and who had been made subject to the occupational prohibitions provided for in that article. He also thought that the provision of the Labour Code which permitted a worker to be dismissed without compensation on the basis of having committed a crime under the Act on national security, even if there was no direct bearing on work, also violated Conventions Nos 87 and 98 since a call for collective public action could be a crime under that Act. He noted that the provision referred to had not been amended when the new Labour Code was adopted.

The Worker member of Spain, referring to the Labour Code provision which permitted termination of a workers' employment contract on the basis of the commission of a crime under the Act on national security, esteemed the explanations provided by the Government representative to be insufficient. In fact, if exercise of trade union activities and the calling of strikes or work stoppages led to dismissal, this was in contradiction to the Convention ratified by Chile. This was also the case if workers were dismissed because they had been absent from work owing to their arrest or interrogation as a result of their political activities. He sought clarification of the situation of Messrs. Bustos, Labrana and Martinez, members of the national Grouping of Workers (CNT), who had been arrested for organising a strike in 1987, and of the present situation of about a 100 workers, including 17 trade union leaders, who had been dismissed from employment with the public railway company during negotiations seeking to have the company remain a public enterprise. He also referred to the Constitutional Court ruling involving Clodomiro Almeyda under article 8 of the Constitution, which amounted to a violation of Convention No. 111. He asked the Government representative to indicate if the Government would be in a position to amend article 8 and requested explanations in regard to the facts surrounding the killings of various teachers and trade unionists.

The Government representative reiterated his Government's position to the effect that the dialogue should lead to concrete action in terms of progress regarding harmonisation of the national legislation with international labour Conventions. Referring to the risk, mentioned by the Workers' members, that article 8 could be applied to anyone who expressed disagreement with the regime, he stated that this article penalised acts contrary to the legal and constitutional order and not criticism of the regime. He insisted that the Labour Code provision on reasons for terminating employment contracts was applied strictly within the framework of the labour relations system. He stated that in his country the workers enjoyed the right to strike, which, however, could be declared illegal if not exercised within the framework of collective bargaining; in such a case, the workers could always appeal. He indicated that a referendum on the presidency of the Republic was scheduled to take place at the end of 1988. As regards the three trade unionists referred to by the Workers' member of Spain, he stated that the Santiago Court of Appeals had overruled the decision of the court of first instance and that these people were now free. In connection with the strike at the railway company, which had taken place outside the context of collective bargaining, he confirmed that a certain number of workers had in fact been dismissed but that an appeals court was now examining their situation. He reaffirmed the willingness of his Government to hear the opinions of the Committee of Experts and the present Committee so that their views could be transmitted to the competent bodies with the aim of ensuring respect for international labour standards within the framework of national legislation.

The Workers' members had been very concerned about this case for a number of years, and their concern persisted. The Conference Committee had discussed the case in 1976, mentioned it in a special paragraph of its report in 1977 and 1978, discussed it again in 1979 and mentioned it in a special paragraph in 1981 and 1982. A mission had taken place in 1983 and the discussion had continued thereafter. On some occasions, it had been possible to note some progress. The Workers' members maintained their serious concern, however, particularly in view of the comments made by the National Grouping of Workers to which the Committee of Experts' report had referred. Despite all that the Government representative had said to minimise the possible application of article 8 of the Constitution, the danger remained that political criteria would be used to penalise workers in the social sphere. For this reason, the Workers' members wished the Committee's conclusion to be firm and crystal clear. If serious progress could not be noted next year, there would be a need to apply more stringent criteria in this case.

The Worker member of Chile referred to the extensive discussions which had taken place in the present Committee on the application of this Convention in his country. He recalled that many international instruments enshrined the protection of human rights: the Universal Declaration on Human Rights of 1948, the International Covenant on Social, Economic and Cultural Rights, the International Covenant on Civil and Political Rights and, at the regional level, the Declaration of Bogot//c. He thought the 1987 Labour Code contained provisions contrary to the Convention and should be amended. He believed that the constitutional provision that it took a plebiscite to amend the Constitution should be reppealed.

The Worker member of Uruguay agreed with the statements made by the Workers' members of Colombia and Spain as well as by the Workers' members collectively. It would have been desirable to have present in the Committee the representatives of the National Grouping of Workers (CNT) who had made the comments regarding the non-observance of the Convention, but he was familiar with such situations since not so long ago his country had been under a dictatorship and at that time, the representatives who came from his county did not in fact represent anyone. In addition, he indicated that in Chile workers were dismissed for exercising the right to strike, as was very well known. He referred to the Government representative's statement that an appeals court had overturned the decision of the court of first instance in relation to the three trade union members of the National Grouping of Workers (CNT); the Government representative had failed, however, to mention that the Government had insisted upon going ahead with the proceedings. He wondered whether true representatives of Chilean workers would be able to participate in the Conference Committee next year.

The Committee took note of the information supplied by the Government representative. It recalled that this case had been discussed in 1987 and on many previous occasions. It noted with regret that recently adopted legislation had not eliminated existing problems, but had introduced further discrepancies with provisions of the Convention. The Committee again expressed its great concern about the serious problems that remained in legislation and in practice. The Committee again expressed the firm hope that the Government would very soon adopt the measures necessary to ensure full conformity with the Convention in respect of all the point raised, and that next year it would provide full information in this regard.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative recalled, in connection with the legislation on employment in the public sector, that in this year the Committee of Experts had noted with satisfaction that an organic constitutional law for the general basis of the state administration (No. 18,575 of 12 November 1986) had been adopted. In that connection, he referred to various provisions of that law relating to the procedure for selecting candidates for the civil service (section 46) and to stability of employment (section 48). He also referred to a statement made by the President of the Republic on 1 May 1987 according to which, as from the entry into force of this law, no civil servant could be arbitrarily dismissed. The Government, in adopting the law in question, which repealed section 5 of Decree Law 2345 and Decree Law 3410, had expressly recognised the value of the comments made by the Committee of Experts.

The Workers' members recalled that the Government representative had indicated, in connection with the request made by the Committee of Experts concerning the amendment of article 8 of the national Constitution, that the amendment of any constitutional provision had to be submitted to a national referendum. They therefore wondered whether the referendum had taken place and whether article 8 of the Constitution had in fact been amended. That question had already been discussed on many occasions, and the Committee had adopted a very firm attitude on the subject. It had to be acknowledged that real progress had been made, but it did not seem that measures had been taken to amend the article in question. The Workers' members were also worried that, even if the organic constitutional law for the general basis of the state administration had been amended, the practical implementation of the amendment might not be fully in conformity with the Convention. They therefore hoped that all the efforts that were being made and the dialogue that was taking place between the Government and the Committee would help to solve the remaining problems.

The Worker member of France, after expressing satisfaction at the regularity with which the Government of Chile had replied to the questions put to it by the Committee, noted that he, like the Workers' members, trusted that progress had been made with regard to legislation. However, he wondered whether that legislation was being effectively applied. For example, in January and February 1987, 7,000 teachers had been removed from their posts. Consequently, there were grounds for thinking that the regular participation of the Government representative in the Committee's work might be a screen designed to conceal the Government's failure to act. The dismissal of the 7,000 teachers had been designed to extend the Government's authority over the educational system. The reasons put forward for dismissing the teachers had nothing to do with their work; they had been charged with having participated in political or trade union activities, individually or collectively-in other words, with having exercised a right presumably recognised in the Chilean Constitution. The most curious feature of the case was that the President of the Republic himself had intervened to request the reinstatement of the teachers. The question arose as to whether a "stop-go" tactic of intimidation was being applied; if so, it was in any event contrary to the Committee's recommendations and observations.

The Worker member of Belgium said that the military Government had been in power in Chile for 13 years. He, along with many other organisations, regretted to have to state that human rights, including the freedom of association, were still being systematically violated in Chile. As far as this Convention was concerned, the specific point at issue was not so much whether the organic law governing the recruitment of civil servants should be amended or not, but whether the Government was willing to amend article 8 of the Constitution, since it was that article which permitted discrimination in employment. In other words, the Committee would like to know whether the Government was ready to organise the referendum required to bring its Constitution into line with international Conventions.

The Worker member of Pakistan, supporting the statement of the Workers' members, said that article 8 of the Chilean Constitution, under which a person, teacher, trade unionist or journalist, could be arbitrarily dismissed, was contrary to the provisions of the Convention and should be brought into line with it.

The Worker member of the USSR agreed that the article of the Chilean Constitution that discriminated against workers on political grounds was a clear violation of Convention No. 111. Promises had been made to eliminate such discrimination, but nothing had been done. Chile was constantly on the list of countries invited to appear before the ILO's supervisory bodies, but only half-measures were taken. Everyone, especially the international trade union movement, was aware of the violations of workers' rights occurring in Chile, which the ILO could not overlook. Consequently, the Conference Committee should recommend to the Committee of Experts that a general study should be made of Chile's situation with regard to the implementation of ILO Conventions, to be submitted to the Conference at its next session, so that the present Committee would be in a position to examine the situation and to adopt appropriate measures.

The Worker member of the Federal Republic of Germany said that article 8 of the Chilean Constitution, under which persons advocating a totalitarian concept of society, the State or the legal order or based on the class struggle could be removed from public service, was an obvious breach of the Convention, which had to be seen in the context of the many violations of human rights that had occurred since the present oppressive regime had come to power, with regard to which the workers could not remain silent.

The Worker member of Chile first expressed his agreement with the statements of the Workers' members and of the Worker member of France and then referred to the referendum which should be organised with a view to the modification of article 8 of the Constitution. He pointed out that the Chilean Constitution itself provided that the referendum had to be convened by a decision of the President of the Republic. He said that this Convention was a fundamental protection for workers. He referred to the dismissal of teachers mentioned previously and stated that Chilean trade union leaders had discussed this with the authorities, to let them know that they considered this action both a violation and an arbitrary measure. He emphasised the fact that the Chilean trade union movement was an active movement in the country, which was struggling to obtain changes and improvements in the labour legislation and to ensure the ratification of Conventions such as Convention No. 87 concerning freedom of association and Convention No. 144 concerning tripartite consultation. He pointed out that in his country there were trade union organisations, federations and confederations which had the right under the Constitution to possess legal status. He expressed his concern with regard to the dismissal of the teachers even though their dismissals had been suspended. He expressed the hope that these people would be given the possibility to exercise the right to work, a privilege of human beings, which had to be defended by the trade union movement.

The Worker member of Ecuador stated that since article 8 of the Chilean Constitution permitted discrimination, this provision violated Convention No. 111. The Government was therefore under an obligation to amend the Constitution on this point (since initiating this process was within its competence) and to decide in what manner such a modification could be effected. He stated that the Committee should note in its conclusions the violation of the Convention by the Government, since the Constitution established a discrimination which was contrary to the Convention.

The Employers' members stated that the Committee had been concerned by the application of this Convention by Chile for a number of years. They considered that the repeal of the decrees which permitted discriminatory dismissals in the public service constituted a good example of progress which should be highlighted. There remained nevertheless the problem posed by article 8 of the Constitution. They understood that the process necessary to amend this article of the Constitution was a long one but added that this was a problem for the Government to resolve. They expressed their agreement with the Workers' members that the situation was not yet satisfactory. They thought that in order for the dialogue to be able to continue the Government would have to submit information about the practical application of article 8 of the Constitution. They requested the Government to submit reports and expressed the hope that an improvement with regard to the legislative aspect of this question would be able to be noted in 1988.

The Government representative recalled that the relevant article of the Constitution had never been applied in a way that violated the Convention and that unconstitutional practices could be brought before the Constitutional Court. Referring to the dismissal of teachers, he stated that this had been due to a policy of rationalising the educational system which had a surplus of teachers which, in addition, prejudiced the quality of education. He affirmed that the spirit of co-operation which inspired his Government was simply the expression of its commitment to respect international obligations. In response to the statement by the Worker member from the USSR, he stated that there was trade union representation in his country, which one could see from the Credentials Committee; he added that the Government had invited several trade unionists to participate in the Conference who were not in agreement with the Government.

The Worker member of France referred again to the dismissal of 7,000 teachers and specified that the dismissals were not due to decisions linked to a surplus of staff, but to the individual and collective activities of the trade unions and political activities of the people concerned. It was therefore a question of the application of article 8 of the Constitution and of Act No. 12,927. It was for this reason that he mentioned this case in the context of Convention No. 111 and not Convention No. 122, as it related to discrimination based on the opinions expressed by the people concerned.

The Workers' members stated that the Committee had being expressing its concern with regard to the situation in Chile for a number of years. The application of Convention No. 111, in spite of all this discussion, was still not satisfactory and they requested the Government to provide information on the measures taken or envisaged with a view to amending article 8 of the Constitution. Conventions Nos. 87 and 98 have not yet been ratified in spite of the appeals which had been made and Convention No. 111 could be used to cover the gaps created by the non-ratification of Conventions No. 87 and 98. They expressed the hope that the conclusions would reflect the great concern of the Workers and hoped that the promises which had been made would be fulfilled with a view to amending the legislation and ensuring that the practical application would be in conformity with the Convention.

The Committee took note of the information submitted by the Government representative. The Committee expressed its satisfaction at the progress which had been noted by the Committee of Experts with respect to the termination of employment in the public sector. The Committee expressed its serious concern about the serious problems which existed with regard to article 8 of the Constitution of Chile, an issue which had been discussed in 1986 and on previous occasions and which still needed to be resolved. The Committee hoped that the Government would adopt the measures necessary to ensure conformity with the Convention and that it would provide information on the progress which had been achieved.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(b) of the Convention. Discrimination on the basis of disability. The Committee notes with interest Act No. 20422 of 10 February 2010, which establishes standards on equal opportunities and the social inclusion of persons with disabilities. Section 43 of the Act provides that the State, through its competent bodies, shall establish and implement affirmative action to promote inclusion of persons with disabilities in the labour market and non-discrimination at work. The Committee requests the Government to provide information regarding the impact of the Act in practice and on the programmes or actions implemented to promote the access of persons with disabilities to employment and vocational training.

Article 2. The Government indicates that it has undertaken to establish and implement policies and action plans to combat racism, racial discrimination and discrimination on the basis of sex. According to the Government, action plans are developed based on regional assessments and the creation of regional bodies with the participation of civil society. The Committee notes that three priority areas of intervention have been identified with a view to eliminating racism and discrimination: (1) the provision of training for public servants; (2) public policies and participation by citizens; and (3) the dissemination and communication of good practices concerning non-discrimination in the public and private sectors. The Committee requests the Government to continue providing information on the plans and programmes designed to contribute to eliminating discrimination in employment and occupation, including their impact.

Promoting equality between men and women in employment and occupation. The Committee notes that, according to statistics from the Economic Commission for Latin America (ECLAC), the rate of participation in economic activity of women continues to be much lower than for men, at 43.4 per cent and 73.2 per cent respectively. The Committee notes that, in the context of the Programme for Good Labour Practices and Gender Equality, the National Service for Women (SERNAM) aims to improve the participation of women in the labour market and their position by means of the “Iguala.cl” programme. The three key aims of the programme are to: (i) promote non-discrimination of women in access to the labour market; (ii) promote good labour practices and gender equality within enterprises and public services; and (iii) reduce occupational segregation. The Committee requests the Government to provide information on the impact that the “Iguala.cl” programme has had, particularly in reducing occupational segregation and the impact that the “Equal Opportunities Plan 2000–10” has had in reducing discrimination on the basis of sex in employment and occupation.

Furthermore, the Committee noted in previous comments that the Confederation of Production and Trade (CPC) has adapted the Code of Good Labour Practices to the needs of the private sector and has called on its enterprises to implement it. The Committee requests the Government to continue providing information on the concrete impact of the implementation of the Code of Good Labour Practices in addressing discrimination in the private sector.

Public sector. According to the “Study concerning the situation of women in the public services: The jobs we have, the jobs we want”, conducted in 2004, although women occupied nearly 60 per cent of public service posts in 2001, they occupied only 39.9 per cent of the total managerial posts and were found in areas with less mobility and in lower paid jobs. With regard to the implementation of the Code of Good Labour and Non-discrimination Practice in the Central State Administration, the Government indicates that in 2007, dissemination and self‑assessment activities were carried out in each service to evaluate developments in relation to the various aspects of the Code and to identify cases of good practice. The Committee requests the Government to include up-to-date information on the employment of women in the public sector and the three‑year plans for the implementation of the Code of Good Labour and Non‑discrimination Practice in the Central State Administration, and on the impact that those plans have had in reducing the gaps identified.

Sexual harassment. In its previous comments, the Committee referred to Act No. 20005, dated 8 March 2005, concerning sexual harassment and pointed out that the protection provided by the Act is more limited than foreseen in the Committee’s general observation of 2002 in terms of the persons to be protected, those to be considered liable, the scope of application and the procedures for protecting victims. With regard to the complaints lodged under provision 7(a) of the Code of Good Labour and Non-discrimination Practice in the Central State Administration, the Government indicates that persons are being appointed to receive complaints, public servants are being informed about sexual harassment and are receiving training, and the services already have procedures in place for the investigation of complaints relating to work-related harassment and sexual harassment and providing sanctions. The Committee once again requests the Government to envisage the possibility of amending Act No. 20005, taking into account its general observation of 2002 and to provide information on this matter. The Committee also requests the Government to provide up-to-date information in its next report concerning the complaints of sexual harassment in the workplace submitted to the National Labour Directorate and the national courts, as well as complaints under section 7(a) of the Code of Good Labour and Non-discrimination Practice in the Central State Administration.

The retirement age of women. The Committee notes Act No. 20.255 of March 2008 reforming social protection. The Committee notes that the Act establishes a system of solidarity pensions for old age and disability which supplements the pensions system established by Decree No. 3500 of 1980. The Committee notes that although the new Act provides for a single retirement age of 65 years, it has not amended the different retirement ages provided for under the general regime of Decree No. 3500 of 1980, which establishes a retirement age of 60 years for women and 65 years for men. In order to avoid shortening the working life of women in a discriminatory manner when they reach the statutory minimum age of retirement, the Committee requests the Government to provide information on any steps taken to amend Decree No. 3500 of 1980, so as to establish equality in the retirement age for men and women.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Application in practice of the procedure for the protection of fundamental rights. The Committee notes the Government’s indication that, as yet, no court decisions have been handed down pursuant to Act No. 20087 of 3 January 2006, which establishes a special procedure for the protection of the fundamental workers’ rights set out in article 19 of the Political Constitution of the Republic and section 2 of the Labour Code, but that it will provide relevant information concerning any court decisions handed down on this matter in future reports. The Government adds that Decision No. 2210/03, issued in June 2009, is designed to increase the effectiveness of the above Act and support public officials when examining administrative complaints relating to the violation of fundamental rights by standardizing procedures. The Committee requests the Government to provide information on any court decisions handed down pursuant to the special procedure to guarantee the right to equality in employment.

Discrimination based on sex. The Committee recalls that in its previous comments it requested the Government, with a view to granting spouses equal rights, to take steps to amend section 349 of the Code of Commerce, which provides that, unless at the time of the marriage, the couple made an agreement choosing the separate property regime, a married woman may not enter into a commercial partnership agreement without special permission from her husband. The Government indicates that the Bill amending the marriage regime (Bulletin No. 1707-18) is undergoing its second constitutional reading in the Constitution, Legislation, Justice and Regulations Commission of the Congress and that in view of the difficulties encountered in approving the Bill, a technical committee has been set up comprising representatives of the opposition, the National Service for Women and the Ministry of Justice and is currently working to achieve consensus on this matter. The Government indicates that it is hoped that the Committee will submit a proposal during the second half of 2010. The Committee requests the Government to continue providing information on the progress made in adopting the Bill amending the marriage regime to ensure that women who did not marry under the separate property regime may enter into a commercial partnership agreement without special permission from their husbands.

Discrimination on the ground of political opinion. The Committee recalls that it has been asking the Government for many years to explicitly repeal Legislative Decrees Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976, as well as the provisions of certain rules in the statutes of various universities which allow the rectors of Chilean universities broad discretion to abolish academic and administrative posts. The Government once again points out that these Decrees have been tacitly repealed and superseded by certain legal texts which were enacted and published more recently, namely the Political Constitution of the Republic, Act No. 18875 establishing the general basis of the administration of the State and Act No. 18834 on the Administrative Statute. The Committee notes with interest that, for the first time, Legislative Decree No. 3 of 10 March 2006 of the Ministry of Education, published in the Official Journal of 2 October 2007, which establishes the by-laws of the University of Chile, does not include the possibility of expelling or refusing admission to teachers, students or administrative staff on grounds of their political activities. The Committee also notes that the statutes of the University of Santiago de Chile are currently being revised. The Committee once again requests the Government to take the necessary measures to expressly repeal Legislative Decrees Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976 to ensure greater legislative coherence and requests the Government to include texts of the statutes of the country’s universities in its next report.

Indigenous peoples. The Committee notes that, on 15 September 2008, the Government of Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee will, therefore, continue to examine the matters relating to indigenous peoples in the context of its regular examination of the application of Convention No. 169.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. The Committee notes that the Government has not provided the information requested in its previous comments on the implementation of the National Plan to Overcome Discrimination in Chile. The Committee once again asks the Government to provide information on the content and implementation of the Plan as it relates to the application of the principle of the Convention.

Promoting equality between men and women in employment and occupation. The Committee notes the low female labour participation rate and its discontinuous nature, which appears to be caused by the lack of access of women to high-quality education and training, by family structures in which mothers continue to be the principal providers of childcare, by their lesser experience of the labour market and, finally, by traditional cultural values and attitudes concerning gender roles in the country, according to the Gender Assessment prepared by the World Bank, the Inter-American Development Bank and the National Service for Women (Government of Chile). In this respect, the Committee notes the measures adopted in the context of the programme “Chile grows with you” (Chile crece contigo) in support of children, which also facilitate the labour market integration of mothers, as well as Act No. 20166 of 12 February 2007 which recognizes the right of working mothers to nurse their children even in the absence of a nursing room. The Committee also notes the various
inter-sectoral agreements concluded by the SENCE (National Training and Employment Service) with a view to promoting equality for men and women in employment and occupation. In this respect, the Committee notes the establishment of a new Research Department entrusted, among other matters, with assessing the real impact of the gender perspective in SENCE programmes, particularly in relation to the National Service Work Programme of 2007, which includes the gender perspective. The Committee asks the Government to provide information on the measures adopted or envisaged to promote equality for men and women in employment and occupation by overcoming the obstacles that are still encountered preventing greater participation by women in the labour market, as identified in the paper referred to above, and their impact in practice.

The Committee further notes the Code of Good Labour and Non–discrimination Practice in the Central State Administration and the Guide to Good Practice in Combating Discrimination in the Enterprise, which apply to the public and private sectors, respectively. Both documents are intended to promote equality of opportunity and treatment for men and women, and particularly the balanced or joint representation of men and women in high-level managerial positions, and the more effective reconciliation of work and family responsibilities. For this purpose, standards are established for recruitment and selection processes, career development and access to training, the balanced or joint representation of men and women in managerial and executive positions, working conditions, protection of maternity rights and parental responsibilities, the reconciliation of work-related responsibilities and family obligations, and the prevention and punishment of work-related and sexual harassment at work. The Committee further notes that triennial implementation plans for the Code of Good Practices have been prepared. The Committee requests the Government to provide detailed information in its next report on the implementation of the Good Practice Guide for Enterprises and the Code of Good Practice for the Public Sector, with particular reference to the triennial implementation plans for the Code.

Public sector. The Committee once again asks the Government to provide a copy of the study prepared by the National Association of Tax Office Employees (ANEF) on the conditions and status of women in the public sector. It also reiterates its request for information on the progress made in the formulation of the Equal Opportunities Plan.

Sexual harassment. With reference to its previous comments relating to
Act No. 20005 dated 8 March 2005 respecting sexual harassment, the provisions of which are narrower than the Committee’s general observation of 2002, the Committee once again asks the Government to envisage the possibility of amending the Act, taking into account its general observation of 2002 and to keep it informed on this matter. The Committee further requests the Government to provide information on any complaints of sexual harassment at the workplace submitted to the national courts, and on the complaints made under provision 7(a) of the Code of Good Labour and Non-discrimination Practice for the Central State Administration.

The retirement age of women. Considering that, according to the Government’s report, a Bill for the reform of social protection is currently under examination, the Committee hopes that the Government will take this occasion to consider the possibility of amending Decree No. 3500 of 1980 with a view to establishing equality in the retirement age for women and men.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Legislative measures. The Committee notes with interest the reform of labour procedures introduced by Act No. 20087 of 3 January 2006 and, in particular, where such rights are prejudiced through the exercise of the employer’s powers, the establishment of a special procedure to guarantee the protection of the fundamental workers’ rights set out in article 19 of the Constitution and section 2 of the Labour Code. These rights include the right to equality. Under the terms of the Act, proceedings relating to workers’ fundamental rights benefit from preference in relation to all other procedures before the same court (section 488). The Act also provides that, where the evidence provided by the plaintiff constitutes sufficient proof that there has been a violation of fundamental rights, the defendant shall be under the obligation to explain the reasons why the measures were adopted and their proportional effect (section 493). The Committee asks the Government to provide information on the effect given to these provisions including and, in particular, the number and types of cases relating to the violation of the principle of equality of opportunity and treatment in employment and occupation brought to the courts under this Act and their outcome, with particular reference to the application of section 493. The Committee once again requests the Government to provide a copy of Ordinance No. 3704/134 of 11 August 2004, determining the meaning and scope of the second, third and fourth subsections of section 2 of the Labour Code relating to non-discrimination at work.

In its previous comments, the Committee had asked the Government to amend section 349 of the Code of Commerce which provides that, unless she married under the separate property regime, a married woman may not enter into a commercial partnership agreement without special permission from her husband, as well as the provisions of the Civil Code and supplementary legislation respecting the marriage regime and community of income, with a view to granting spouses equal rights. The Committee notes that, according to the Government’s report, amendments to section 349 of the Code of Commerce and of the marriage regime are envisaged in the Bill to amend the Civil Code and supplementary legislation respecting the marriage regime and community of income (Bulletin No. 1707-18). The Committee requests the Government to continue providing information on the progress of this Bill.

Discrimination on the ground of political opinion. In its previous observation, the Committee observed that for over ten years it had carried on an exchange with the Government on the issue of the explicit repeal of certain Legislative Decrees (Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) allowing the rectors of Chilean universities broad discretion to abolish academic and administrative posts, and section 55 of Legislative Decree No. 153 on the legal status of the University of Chile and the University of Santiago de Chile, under which teachers, students and administrative staff may be expelled from or refused admission to these two institutions on grounds of their political activities. In this respect, the Committee asked the Government to take the necessary measures to amend the national legislation so as to bring it into conformity with the Convention. The Committee regrets that no information has been received on this matter, and once again asks the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

Indigenous peoples. With reference to its previous comments concerning the situation of indigenous peoples in the country, the Committee notes with interest that, on 8 September 2008, Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee also notes the Constitutional Reform Bill, which recognizes the indigenous peoples of Chile, is currently under examination by the Constitution, Legislation, Justice and Regulations Commission of the Senate and it hopes that all the aspects of the Convention will be duly taken into account in this context. The Committee asks the Government to provide information on the progress of the above Constitutional Reform Bill in relation to indigenous peoples, including information on the measures adopted to ensure the participation of indigenous peoples in this process.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. The Committee notes the document entitled “General Basis of the National Plan to Overcome Discrimination in Chile” drawn up by the Interministerial Network and the Citizens Network in the context of the Tolerance and Non-Discrimination Programme for 2002 of the Social Organizations Division of the ministry responsible for communication between government and citizens. The Committee notes from the above document that the objective of the National Plan is to gradually phase out the various forms of discrimination and develop respect for social and cultural differences. The document also gives an account of the achievements, challenges, strategies and future actions of the abovementioned networks. The Committee requests the Government to provide information on the definition and implementation of the Plan, particularly as it relates to the application of the principle of the Convention.

2. Promoting equality in employment and occupation between men and women. The Committee notes the activities carried out by the National Service for Women (SERNAM) to promote equal opportunities between men and women workers by means of information campaigns both for employers and for workers, and by creating a high profile and offering incentives for good business practices regarding application of the principle of the Convention. From the information supplied by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes with interest that a system of training scholarships for women workers is being implemented through the social programmes of the National Training and Employment Service (SENCE). It also notes with interest the objectives, dynamic, activities and main achievements of the Public-Private Committee on Temporary Employment in Agriculture, and particularly the fact that the proceeds of tax breaks granted to employers in the agricultural exports sector goes to training for temporary women workers. The Committee also notes that, according to the Government, several enterprises in the mining sector have embarked on special programmes to integrate women into the sector. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality in employment and occupation between men and women, including providing educational opportunities and training for higher skills, thus opening the way to better paid jobs and avoiding horizontal and vertical segregation, and particularly measures to promote women’s access to non-traditional sectors of the economy. Please also provide information on the effect of these measures in practice.

3. Article 3(b). From the information supplied by the Government in its report on the application of Convention No. 100, the Committee notes that Ordinance No. 3704/134 of 11 August 2004, establishes the meaning and scope of the second, third and fourth paragraphs of section 2 of the Labour Code which concern non-discrimination at work, and that as part of the reform of the labour tribunals, special supervisory machinery has been set up to deal with breaches of certain constitutional safeguards by employers in the course of employment relations, including acts of discrimination. The Committee would be grateful if the Government would send a copy of the abovementioned ordinance and of the provisions regulating the special machinery, together with any practical results of its application, and copies of any decisions handed down.

4. Public sector. In its direct request of 2003, the Committee noted the financing of a study by the National Association of Tax Office Employees (ANEF) on the conditions and status of women in the public sector. It notes from the information in the Government’s report on Convention No. 100 that in 2005, CODELCO, the largest enterprise in the country, after consulting SERNAM started work on an Equal Opportunities Plan on the basis of a diagnosis of jobs and of recruitment and career development processes. The Committee again asks the Government to send a copy of the ANEF study and to keep it informed of any progress in developing the abovementioned Plan, and of the diagnosis on which it is based.

5. Sexual harassment. The Committee notes Act No. 20005 of 8 March 2005, which defines and prescribes penalties for sexual harassment. It also notes that the Labour Department is developing models for internal procedures that could be applied to various situations in enterprises so that enterprises can incorporate them in their internal rules, and that it is preparing material for mass information campaigns. It also notes that in the public sector, the reporting and investigation of sexual harassment is subject to general rules for investigation covering the administration’s liability, which are to be incorporated in the various statutes, and that the ministries and departments are implementing internal procedures for processing such cases. The Committee observes that the abovementioned Act is narrower than the Committee’s general observation of 2002 in terms of the persons to be protected and those to be considered liable: in terms of areas of application (training stage, access to employment, place of work, etc.) and in terms of procedures for protecting victims. The Committee hopes that the Government will envisage the possibility of amending the abovementioned Act, taking account of the general observation of 2002. It would be grateful if the Government would provide copies of any decisions regarding complaints processed under the abovementioned Act and those processed in the public sector, to enable the Committee to assess how the Convention is applied in practice. Please provide information on the model internal procedures that the Labour Department is preparing for the private sector and on the internal procedures for the public sector. Please also report on any information and awareness-raising measures and on training.

6. Amendment of the Civil Code. With reference to the Bill (Bulletin
No. 1707-18) submitted in 1995 to amend the Civil Code and supplementary laws on joint ownership or the sharing of acquired property and affording equal rights to the wife and the husband, which would be positive for the professional activity of women, the Committee notes the progress made on these initiatives in Parliament. It requests the Government to continue to provide information on the process of enactment of the amendments and to take the necessary steps to remove from the Civil Code the marital status requirement in the terms in which it is established, and for the proposed amendments to be adopted.

7. Women’s age of retirement. For several years, the Committee has been asking the Government to reconsider the possibility of introducing amendments to Decree No. 3500 of 1980, in order to establish equality between men and women as to retirement age. The Committee trusts that the Government will reconsider its position in the light of the principle of equality of opportunity and treatment in employment and occupation as contained in the Convention.

8. Indigenous peoples. In its comments of 2003, the Committee noted that the Bill (Bulletin No. 513-07) to amend the Constitution in order to give constitutional recognition to indigenous peoples was rejected on 17 October 2000 and that the draft accord on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), submitted in January 1991, was still before Parliament. The Committee again asks the Government to provide information on the progress of the abovementioned draft accord and hopes that it will continue to give consideration to ratifying Convention No. 169.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 3(b) of the Convention. The Committee notes the adoption of Act No. 20034 of 5 July 2005 merging the ranks of male and female police officers, and the Ministry of Foreign Affairs’ Decree No. 84 of 12 April 2005, adopting the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It also notes the Bill establishing legal machinery for complaints of arbitrary discrimination which allows claims to the reinstatement of rights and proper redress to be processed rapidly and which may be applied to the instances of discrimination at work set forth in the Convention. The Committee requests the Government to keep it informed of the Bill’s progress.

2. Article 3(c). The Committee has for many years asked the Government to amend section 349 of the Commercial Code which provides that, unless she married under the separate estate regime, a woman may not enter into a commercial partnership agreement without special permission from her husband. The Committee trusts that the Government will take the necessary steps to amend section 349 of the Commercial Code to ensure that women, regardless of their marital status and the matrimonial economic regime they and their husbands choose, no longer require prior authorization from their husbands to enter into commercial partnerships so that they may carry on their professional activities on an equal footing with men.

3. Discrimination on ground of political opinion. For more than ten years, the Committee has carried on an exchange with the Government in which it has sought the express repeal of certain legislative decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) allowing the rectors of Chilean universities broad discretion to abolish academic and administrative posts. The Committee has also sought the express repeal of section 55 of Legislative Decree No. 153 on the Legal Status of the University of Chile, and the Legal Status of the University of Santiago de Chile under which teachers, students and administrative staff may be expelled from or refused admission to these two institutions because of their political activities. In the course of that exchange, the Government has stressed that the abovementioned provisions do not apply as they have been tacitly repealed. The Committee noted in its comments of 2003 that the draft framework law submitted in 1997 for the preparation of new statutes for state universities establishing that such statutes may not include provisions that are discriminatory, had been shelved. The Committee therefore requests the Government once again to take the necessary steps to bring the national legislation into line with the provisions of the Convention.

4. Indigenous peoples. In its comments of 2003, the Committee noted the results of the Sixth National Socio-economic Survey, 1996 (CASEN 96), sent by the Government, and observed that in terms of income distribution and average income there was a marked segregation of indigenous people from the non-indigenous population. It also noted that 67.9 per cent of indigenous women were not active, while the figure for men was 24.2 per cent. Furthermore, with regard to economic activity, the majority of indigenous workers were concentrated in agriculture and fishing (25 per cent) and in unskilled work (31.2 per cent). The illiteracy rate was 10 per cent for indigenous people as compared with 4.4 per cent for non-indigenous people. Some 54.9 per cent of young indigenous persons under 25 years of age attend an educational institution as compared with 61.6 per cent of non-indigenous young people. In view of these figures, the Committee asks once again the Government to supply information on the measures being taken to ensure equality of opportunity in employment and occupation for the country’s indigenous peoples. It requests the Government to provide such information in its next report.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret 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. The Committee noted in its previous comment the Government’s indication concerning the legislative procedure for the examination of two Bills (Bulletins Nos. 1419-07 and 2665-18). It also notes the information provided in the Government’s last report on the existence of an administrative mechanism for dealing with complaints of sexual harassment. The Committee requests the Government to continue providing information on the progress made with the above Bills and to provide a copy of them when they have been adopted. It also trusts that, in the examination of these Bills, the various aspects referred to in its general observation of 2002 will be taken into account, especially with regard to: the scope of the definition of sexual harassment ("quid pro quo" and "hostile work environment"); the scope of who is protected and who may be considered liable; and the scope of protection (vocational training, access to employment, the workplace, etc.). The Committee also notes with interest the first court ruling recognizing sexual harassment in Chile, issued by the Supreme Court on 9 April 2003.

2. With reference to its previous comments on the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with the special authorization of her husband, the Committee would be grateful if the Government would indicate whether any progress has been made in the adoption of the Bill (Bulletin No. 1707-18) submitted in 1995 to amend the Civil Code and the supplementary legislation respecting joint ownership and the sharing of acquired property and affording equal rights to the wife and the husband. The Committee reminds the Government once again that distinctions based on marital status are of a discriminatory nature as they presuppose the imposition on a person of a specified sex of a requirement or condition which is not imposed on the other sex, and that such distinctions may amount to a restriction on women being able to exercise their professional activity under equal conditions with men.

3. The Committee notes the information contained in the introduction to the Plan for Equality of Opportunity between Women and Men, 2000-10, according to which the higher level of participation of women in the labour market has not given rise to substantial changes in conceptions of gender, nor to an improvement in the quality of their jobs. According to the Plan, there are mechanisms of direct and indirect discrimination operating in the labour market which prevent women from developing and advancing at work. The Committee notes the statement that the employment opportunities of women in the labour market are restricted to certain lower-productivity and lower-paid jobs; disadvantages also exist such as those related to the quality of education provided to girls and young women; the lower level of training or the limited opportunities for training for activities considered to be socially appropriate for women; a lower level of work experience; the availability of women for fewer hours and career interruptions for maternity and bringing up children. The Committee also notes from the information contained in the wording of the Plan that the problems of women vary with their age; young women are confronted with high unemployment rates; women of reproductive age suffer from restrictions in employment and are affected by higher health costs and the need to provide for and care for young children; while there is a high probability of older women earning inadequate wages that are lower than those of men. The Committee requests the Government to provide information on the measures adopted or envisaged to promote equality in employment and occupation between men and women, including higher levels of education and training to gain access to better-paid jobs and prevent horizontal and vertical segregation.

4. The Committee notes the information provided by the Government in its report on the application of Convention No. 100 concerning the promotion by the National Women’s Service (SERNAM) in public and private enterprises of a policy entitled "good enterprise practices for equality of opportunity for men and women in the world of work". The Committee also notes with interest the establishment of the Public-Private Temporary Agricultural Employment Committee to improve the working conditions of temporary women workers in the agro-export sector. The Committee further notes the financing of a study by the National Association of Tax Office Employees (ANEF) on the conditions and situation of women in the public sector. The Committee would be grateful if the Government would provide a copy of the above study.

5. The Committee notes the information provided in the Government’s report under Convention No. 100 on the activities of the technical teams with the participation of SERNAM, the National Training and Employment Service and the Ministry of Education which are responsible for agreeing on measures to promote the access of women to non-traditional sectors of the economy. In this respect, the Committee notes the ministerial undertakings made on 7 March 2002, with particular reference to the sponsorship by the Ministry of Mines to analyse the presence of women in the mining sector. The Committee requests the Government to provide information on the impact of the activities and undertakings referred to in promoting the access of women to non-traditional sectors of the economy.

6. The Committee notes that the Government has not provided in its report the information requested in its previous comment and is therefore bound to reiterate its comments on the following matters:

2. With reference to its comments concerning the retirement age of women, which is 60 years, while that of men is 65, the Committee notes the Government’s statement indicating that it is not envisaging the possibility of amending Decree No. 3500 of 1980. The Committee notes that the possibility for women to have access to a pension at 60 years of age, even though it is the statutory minimum age, may encourage employers to impose earlier retirement on women, thereby cutting short their employment period. The Committee hopes that the Government will reconsider its position in the light of the principle of equality of opportunity and treatment in employment and occupation.

6. The Committee notes that the Bill (Bulletin No. 513-07) introducing a constitutional amendment to afford constitutional recognition to indigenous peoples was rejected on 17 October 2000, and that the draft Accord respecting Convention No. 169 on indigenous peoples, submitted in January 1991, is still before Parliament. The Committee requests the Government to continue providing information on the progress of the above draft text.

7. The Committee notes the data obtained from the VIth National Socio-Economic Survey (CASEN 96), 1996, showing that, with regard to the distribution of income, 65.21 per cent of the indigenous population are in the two poorest quintiles, in contrast with the figure for the non-indigenous population, which is 44.1 per cent. The average income of indigenous persons is US$120.66, while the figure for the non-indigenous population is US$217.91. The Committee also notes that 67.9 per cent of indigenous women are not active, while the figure for men is 24.2 per cent. With regard to their economic activities, a large part of the indigenous population is concentrated in agricultural, stock-raising and fishing activities (25 per cent) and in unskilled work (31.2 per cent). Furthermore, their illiteracy rate is 10 per cent, while the figure for the non-indigenous population is 4.4 per cent. Some 54.9 per cent of young indigenous persons under 25 years of age attend an educational institution, in comparison with a figure for young non-indigenous persons of 61.6 per cent. The Government refers in its report to a study on the vocational integration of indigenous persons into the labour market in the Metropolitan Region in 2001, but the data provided correspond to those of the CASEN VI Survey. The Committee would be grateful if the Government would provide a copy of the above study. Furthermore, the Committee requests the Government to continue providing information on the measures that are being taken to guarantee equality of opportunity in employment and occupation for the indigenous population in the country.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes with interest the amendment made to section 2 of the Labour Code by Act No. 19812 of 13 June 2002, broadening protection against discrimination in employment on grounds of previous debts, with the exception of workers who have general administrative responsibilities or whose functions relate to the collection, administration or management of funds or assets. It also notes the administrative decision dated 18 November 2002, which found to be discriminatory the requirement of a certificate attesting to any penal or criminal record for labour purposes, and the ruling of 11 February 2003 which found to be discriminatory and penalized job offers referring in their requirements to some of the conditions envisaged in section 2 of the Labour Code (grounds of discrimination).

2. The Committee notes that the Government has not replied in its report to the request for information in its previous comment concerning discrimination on grounds of political opinion. The Government once again reiterated that the Legislative Decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, and 1321 and 1412 of 1976) which grant broad discretionary powers to the vice-chancellors of universities to terminate the contracts of employment of academic and administrative personnel are no longer in force and that the necessary conditions do not currently exist for their application, as they were issued under absolutely exceptional historical circumstances, which have now been superseded. Despite the fact that the Civil Code in sections 52 and 53 provides for the tacit repeal of a law through the enactment of new provisions which cannot be reconciled with the previous legislation, the Committee repeats its previous comments and emphasizes that in its view the best way of ensuring that there is no uncertainty with regard to the positive law that is in force is to explicitly repeal provisions which are not effectively in force. Furthermore, with regard to section 55 of Legislative Decree No. 153 of 19 January 1982 issuing the statutes of the University of Chile and section 35 of Legislative Decree No. 149 of 7 May 1982 regulating the statutes of the University of Santiago de Chile, the Committee notes that they still have not been amended or repealed, as it requested in previous comments. Moreover, the Committee notes that the Framework Bill respecting state universities submitted in 1997 has currently been put aside. The Committee once again requests the Government to take the necessary measures to bring the national legislation into compliance with the provisions of the Convention.

3. The Committee notes that the Government has not replied to its comments concerning the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with her husband’s special authorization. The Committee hopes that the Government will once again consider the possibility of amending section 349 of the Commercial Code so as to ensure that women, irrespective of their civil status and the marital property regime that they and their spouses have selected, may conclude commercial partnership agreements without the prior authorization of their spouse and exercise their professional activities under equal conditions with men. The Committee refers to this matter in greater detail in a direct request.

The Committee is also addressing a request directly to the Government on other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report, as well as the information attached.

1. The Committee noted in its previous comment the Government’s indication concerning the legislative procedure for the examination of two Bills (Bulletins Nos. 1419-07 and 2665-18). It also notes the information provided in the Government’s last report on the existence of an administrative mechanism for dealing with complaints of sexual harassment. The Committee requests the Government to continue providing information on the progress made with the above Bills and to provide a copy of them when they have been adopted. It also trusts that, in the examination of these Bills, the various aspects referred to in its general observation of 2002 will be taken into account, especially with regard to: the scope of the definition of sexual harassment ("quid pro quo" and "hostile work environment"); the scope of who is protected and who may be considered liable; and the scope of protection (vocational training, access to employment, the workplace, etc.). The Committee also notes with interest the first court ruling recognizing sexual harassment in Chile, issued by the Supreme Court on 9 April 2003.

2. With reference to its previous comments on the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with the special authorization of her husband, the Committee would be grateful if the Government would indicate whether any progress has been made in the adoption of the Bill (Bulletin No. 1707-18) submitted in 1995 to amend the Civil Code and the supplementary legislation respecting joint ownership and the sharing of acquired property and affording equal rights to the wife and the husband. The Committee reminds the Government once again that distinctions based on marital status are of a discriminatory nature as they presuppose the imposition on a person of a specified sex of a requirement or condition which is not imposed on the other sex, and that such distinctions may amount to a restriction on women being able to exercise their professional activity under equal conditions with men.

3. The Committee notes the information contained in the introduction to the Plan for Equality of Opportunity between Women and Men, 2000-10, according to which the higher level of participation of women in the labour market has not given rise to substantial changes in conceptions of gender, nor to an improvement in the quality of their jobs. According to the Plan, there are mechanisms of direct and indirect discrimination operating in the labour market which prevent women from developing and advancing at work. The Committee notes the statement that the employment opportunities of women in the labour market are restricted to certain lower-productivity and lower-paid jobs; disadvantages also exist such as those related to the quality of education provided to girls and young women; the lower level of training or the limited opportunities for training for activities considered to be socially appropriate for women; a lower level of work experience; the availability of women for fewer hours and career interruptions for maternity and bringing up children. The Committee also notes from the information contained in the wording of the Plan that the problems of women vary with their age; young women are confronted with high unemployment rates; women of reproductive age suffer from restrictions in employment and are affected by higher health costs and the need to provide for and care for young children; while there is a high probability of older women earning inadequate wages that are lower than those of men. The Committee requests the Government to provide information on the measures adopted or envisaged to promote equality in employment and occupation between men and women, including higher levels of education and training to gain access to better-paid jobs and prevent horizontal and vertical segregation.

4. The Committee notes the information provided by the Government in its report on the application of Convention No. 100 concerning the promotion by the National Women’s Service (SERNAM) in public and private enterprises of a policy entitled "good enterprise practices for equality of opportunity for men and women in the world of work". The Committee also notes with interest the establishment of the Public-Private Temporary Agricultural Employment Committee to improve the working conditions of temporary women workers in the agro-export sector. The Committee further notes the financing of a study by the National Association of Tax Office Employees (ANEF) on the conditions and situation of women in the public sector. The Committee would be grateful if the Government would provide a copy of the above study.

5. The Committee notes the information provided in the Government’s report under Convention No. 100 on the activities of the technical teams with the participation of SERNAM, the National Training and Employment Service and the Ministry of Education which are responsible for agreeing on measures to promote the access of women to non-traditional sectors of the economy. In this respect, the Committee notes the ministerial undertakings made on 7 March 2002, with particular reference to the sponsorship by the Ministry of Mines to analyse the presence of women in the mining sector. The Committee requests the Government to provide information on the impact of the activities and undertakings referred to in promoting the access of women to non-traditional sectors of the economy.

6. The Committee notes that the Government has not provided in its report the information requested in its previous comment and is therefore bound to reiterate its comments on the following matters:

2. With reference to its comments concerning the retirement age of women, which is 60 years, while that of men is 65, the Committee notes the Government’s statement indicating that it is not envisaging the possibility of amending Decree No. 3500 of 1980. The Committee notes that the possibility for women to have access to a pension at 60 years of age, even though it is the statutory minimum age, may encourage employers to impose earlier retirement on women, thereby cutting short their employment period. The Committee hopes that the Government will reconsider its position in the light of the principle of equality of opportunity and treatment in employment and occupation.

6. The Committee notes that the Bill (Bulletin No. 513-07) introducing a constitutional amendment to afford constitutional recognition to indigenous peoples was rejected on 17 October 2000, and that the draft Accord respecting Convention No. 169 on indigenous peoples, submitted in January 1991, is still before Parliament. The Committee requests the Government to continue providing information on the progress of the above draft text.

7. The Committee notes the data obtained from the VIth National Socio-Economic Survey (CASEN 96), 1996, showing that, with regard to the distribution of income, 65.21 per cent of the indigenous population are in the two poorest quintiles, in contrast with the figure for the non-indigenous population, which is 44.1 per cent. The average income of indigenous persons is US$120.66, while the figure for the non-indigenous population is US$217.91. The Committee also notes that 67.9 per cent of indigenous women are not active, while the figure for men is 24.2 per cent. With regard to their economic activities, a large part of the indigenous population is concentrated in agricultural, stock-raising and fishing activities (25 per cent) and in unskilled work (31.2 per cent). Furthermore, their illiteracy rate is 10 per cent, while the figure for the non-indigenous population is 4.4 per cent. Some 54.9 per cent of young indigenous persons under 25 years of age attend an educational institution, in comparison with a figure for young non-indigenous persons of 61.6 per cent. The Government refers in its report to a study on the vocational integration of indigenous persons into the labour market in the Metropolitan Region in 2001, but the data provided correspond to those of the CASEN VI Survey. The Committee would be grateful if the Government would provide a copy of the above study. Furthermore, the Committee requests the Government to continue providing information on the measures that are being taken to guarantee equality of opportunity in employment and occupation for the indigenous population in the country.

The Committee trusts that the Government will provide information on all the questions raised in its next report.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the information attached.

1. The Committee notes with interest the amendment made to section 2 of the Labour Code by Act No. 19812 of 13 June 2002, broadening protection against discrimination in employment on grounds of previous debts, with the exception of workers who have general administrative responsibilities or whose functions relate to the collection, administration or management of funds or assets. It also notes the administrative decision dated 18 November 2002, which found to be discriminatory the requirement of a certificate attesting to any penal or criminal record for labour purposes, and the ruling of 11 February 2003 which found to be discriminatory and penalized job offers referring in their requirements to some of the conditions envisaged in section 2 of the Labour Code (grounds of discrimination).

2. The Committee notes that the Government has not replied in its report to the request for information in its previous comment concerning discrimination on grounds of political opinion. The Government once again reiterated that the Legislative Decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, and 1321 and 1412 of 1976) which grant broad discretionary powers to the vice-chancellors of universities to terminate the contracts of employment of academic and administrative personnel are no longer in force and that the necessary conditions do not currently exist for their application, as they were issued under absolutely exceptional historical circumstances, which have now been superseded. Despite the fact that the Civil Code in sections 52 and 53 provides for the tacit repeal of a law through the enactment of new provisions which cannot be reconciled with the previous legislation, the Committee repeats its previous comments and emphasizes that in its view the best way of ensuring that there is no uncertainty with regard to the positive law that is in force is to explicitly repeal provisions which are not effectively in force. Furthermore, with regard to section 55 of Legislative Decree No. 153 of 19 January 1982 issuing the statutes of the University of Chile and section 35 of Legislative Decree No. 149 of 7 May 1982 regulating the statutes of the University of Santiago de Chile, the Committee notes that they still have not been amended or repealed, as it requested in previous comments. Moreover, the Committee notes that the Framework Bill respecting state universities submitted in 1997 has currently been put aside. The Committee once again requests the Government to take the necessary measures to bring the national legislation into compliance with the provisions of the Convention.

3. The Committee notes that the Government has not replied to its comments concerning the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with her husband’s special authorization. The Committee hopes that the Government will once again consider the possibility of amending section 349 of the Commercial Code so as to ensure that women, irrespective of their civil status and the marital property regime that they and their spouses have selected, may conclude commercial partnership agreements without the prior authorization of their spouse and exercise their professional activities under equal conditions with men. The Committee refers to this matter in greater detail in a direct request.

The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the detailed information provided by the Government in its report.

1. Further to its observation and with regard to the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with the special authorization of her husband, the Committee notes the Government’s statements. The Committee acknowledges the existence of different marital property regimes and the resulting types of property administration between spouses in Chile, namely joint ownership, individual ownership and the sharing of acquired property introduced by Act No. 19335 of 23 September 1994. The Committee understands that the spouses in practice enjoy the faculty to select voluntarily their marital property regime both when contracting marriage and subsequently. It also notes that the joint ownership regime, "designed as a system for the joining of property between the husband and the wife, with its centralized single administration in the hands of the husband, including the wife’s own property", presupposes the existence of a legal system which establishes different rights and duties for women and for men. The joint ownership regime is the default legal regime, which means that where it is not otherwise agreed a regime is automatically applied which restricts the independence of the wife and her freedom to dispose of her property. The Committee notes that the Bill submitted in 1995 (Bulletin 1707-18) introducing amendments to the Civil Code and supplementary legislation respecting joint ownership and the sharing of acquired property is currently under examination and affords equal rights to the wife and the husband. The Committee recalls that distinctions based on marital status are of a discriminatory nature as they presuppose the imposition on a person of a specified sex of a requirement or condition which is not imposed on the other sex, and that such distinctions may amount to a restriction on women being able to exercise their professional activity under equal conditions with men.

2. With reference to its comments concerning the retirement age of women, which is 60 years, while that of men is 65, the Committee notes the Government’s statement indicating that it is not envisaging the possibility of amending Decree No. 3500 of 1980. The Committee notes that the possibility for women to have access to a pension at 60 years of age, even though it is the statutory minimum age, may encourage employers to impose earlier retirement on women, thereby cutting short their employment period. The Committee hopes that the Government will reconsider its position in the light of the principle of equality of opportunity and treatment in employment and occupation.

3. The Committee notes from the data compiled in the National Employment Survey that the activity rate for the population of 15 years and over for women in 2000 continued to be 35 per cent compared with a rate of 72.9 per cent for men. The unemployment rate for women fell by 0.6 per cent in comparison with 1999. The Committee also notes that women are concentrated in the labour market in the services and commercial sectors, and that this situation did not change between 1996 and 1999. Women are predominant in the services sector (54 per cent), while in the commercial sector, even though they are not in the majority, their presence increased between 1996 and 1999 (43.9 per cent and 45.6 per cent respectively). Another branch of the economy in which there was a certain increase in women workers was in public utility services, where the increase was a little higher than 4 per cent. The Committee notes the information provided by the Government concerning the activities of the National Women’s Service (SERNAM) and the National Training and Employment Service (SENCE) to facilitate the access of women workers, particularly those with low incomes, to the various programmes of vocational training provided by the Service. The Committee requests the Government to provide information on the measures envisaged to promote the occupational opportunities of women so as to avoid their concentration in occupations traditionally considered as being feminine.

4. The Committee notes that the Plan for Equality of Opportunities between Men and Women, 2000-10 in contrast with the first plan (1994-99), does not propose specific action, but sets out policy objectives to be achieved at the level of the communes and regions through operational plans. The Committee requests the Government to provide information, including results, based on the periodical evaluation indicators for policies intended to promote equality in employment and occupation between men and women.

5. The Committee notes the Government’s statement that the Bill on sexual harassment (Bulletin No. 1419-07), is currently before Parliament. It also notes that the Bill submitted on 18 January 2001 (Bulletin No. 2665-18), establishing rules respecting sexual harassment, is also being examined by the Chamber of Deputies. The Committee requests the Government to continue providing information on the progress made by the above Bills and to provide copies of them when they have been adopted. The Committee also refers the Government to its general observation on sexual harassment.

6. The Committee notes that the Bill (Bulletin No. 513-07) introducing a constitutional amendment to afford constitutional recognition to indigenous peoples was rejected on 17 October 2000, and that the draft Accord respecting Convention No. 169 on indigenous peoples, submitted in January 1991, is still before Parliament. The Committee requests the Government to continue providing information on the progress of the above draft text.

7. The Committee notes the data obtained from the VIth National Socio-Economic Survey (CASEN 96), 1996, showing that, with regard to the distribution of income, 65.21 per cent of the indigenous population is in the two poorest quintiles, in contrast with the figure for the non-indigenous population, which is 44.1 per cent. The average income of indigenous persons is US$120.66, while the figure for the non-indigenous population is US$217.91. The Committee also notes that 67.9 per cent of indigenous women are not active, while the figure for men is 24.2 per cent. With regard to their economic activities, a large part of the indigenous population is concentrated in agricultural, stock-raising and fishing activities (25 per cent) and in unskilled work (31.2 per cent). Furthermore, their illiteracy rate is 10 per cent, while the figure for the non-indigenous population is 4.4 per cent. Some 54.9 per cent of young indigenous persons under 25 years of age attend an educational institution, in comparison with a figure for young non-indigenous persons of 61.6 per cent. The Government refers in its report to a study on the vocational integration of indigenous persons into the labour market in the Metropolitan Region in 2001, but the data provided correspond to those of the CASEN VI Survey. The Committee would be grateful if the Government would provide a copy of the above study. Furthermore, the Committee requests the Government to continue providing information on the measures that are being taken to guarantee equality of opportunity in employment and occupation for the indigenous population in the country.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the amendments made to the Labour Code by means of Acts Nos. 19739 of 26 June 2001 and 19759 of 11 September 2001, which extend protection against discrimination in employment. With the inclusion of national extraction as a prohibited ground of discrimination in employment and occupation, all of the grounds set out in the Convention are now covered. Furthermore, the Committee notes that age and civil status of persons have been introduced as prohibited grounds of discrimination in employment and occupation.

2. The Committee notes the information provided by the Government in its report concerning discrimination on grounds of political opinion. The Government once again indicates that the Legislative Decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) which grant wide discretionary powers to Chilean university vice-chancellors to suspend the contracts of persons in academic and administrative posts are no longer in force and that the necessary prerequisites do not currently exist for their application, as they were issued under absolutely exceptional historical circumstances which have now been superseded. Despite the fact that the Civil Code in sections 52 and 53 provides for the tacit repeal of a law through the enactment of new provisions which cannot be reconciled with the former legislation, the Committee repeats its previous comments and emphasizes that the best way of ensuring that there is no uncertainty with regard to the positive law that is in force is to repeal or amend explicitly laws or other provisions which are not effectively in force. Moreover, with regard to section 55 of Legislative Decree No. 153 of 19 January 1982 issuing the statutes of the University of Chile and section 35 of Legislative Decree No. 149 of 7 May 1982 regulating the statutes of the University of Santiago de Chile, the Committee notes that they still have not been amended or repealed as it requested in previous comments. Furthermore, the Committee notes that the Framework Bill respecting state universities submitted in 1997 has currently been put aside. The Committee once again requests the Government to take the necessary measures to bring the national legislation into compliance with the provisions of the Convention.

3. The Committee notes the Government’s statements with regard to its comments on the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with her husband’s special authorization. The Committee hopes that the Government will once again consider the possibility of amending section 349 of the Commercial Code so as to ensure that women, irrespective of their civil status and the marital property regime which they and their spouses have selected, may conclude commercial partnership agreements without the prior authorization of their spouse and exercise their professional activities under equal conditions with men. The Committee refers to this matter in greater detail in a direct request.

The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information supplied by the Government in reply to its previous comments regarding the activities undertaken by the National Women’s Service (SERNAM) to promote equality of opportunity and treatment between men and women in occupation and employment, particularly the studies conducted by SERNAM on the reconciliation of family and professional responsibilities in order to determine best practice in this sphere. With regard to equality of access by men and women to employment and occupation and to vocational training, the Committee notes the information supplied by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) which indicates that women have fewer opportunities for promotion and vocational training in employment than men and that few women occupy posts at the highest levels in the Chilean labour market (CEDAW/C/CHI/3). The Committee requests the Government to indicate any measures taken or envisaged to promote access of women to vocational training as well as greater participation in responsible, higher paid jobs.

2.  The Committee refers to its previous comments on section 349 of the Commercial Code, pursuant to which married women who have not wholly separated their assets from their husband’s must obtain their husband’s permission before entering into a commercial partnership agreement. The Government indicates in its report that men and women in Chile enjoy legal equality and refers to the 1999 reforms which enshrine this principle in articles 1 and 19 of the Chilean Constitution. The Government indicates that section 349 of the Commercial Code applies in a particular situation since it is the woman who, by selecting the marriage property regime on marriage, chooses voluntarily to be under her husband’s authority or not for the purposes of concluding a commercial partnership agreement. The Committee reminds the Government that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the conditions relating to marital status are not, in themselves, proof of discrimination, on the assumption that they apply to both sexes. On the other hand, the Committee considers that distinctions based on marital status are of a discriminatory nature, under the Convention, whenever their effect may impose on a person of a specified sex a requirement or condition which is not imposed on the other sex (see General Survey on equality in employment and occupation, 1988, paragraph 41). The Committee considers that the interaction between section 349 of the Commercial Code and the marital property regime creates a situation of inequality which is not compatible with a national policy of de jure and de facto equality between the sexes. The Committee therefore requests the Government to indicate whether it envisages amending section 349 of the Commercial Code in order to grant full legal capacity to women to conclude contracts, irrespective of the marriage property system chosen.

3.  The Committee notes that according to the information supplied by the Government to CEDAW, Act No. 3500 which establishes the current pension system, had a negative impact on Chilean women, chiefly because women occupy lower paid jobs and contribute for a shorter time to the system (CEDAW/PSWG/1999/II/CRP.1/Add.1). The Committee notes that the age for retirement in Chile is 60 for women and 65 for men which means that women have a shorter time to contribute to their individual pension account. Consequently, they have less capital in their account to finance retirement and a longer non-working period (ibid.). The Committee notes that SERNAM and the Social Security Department of the Ministry of Labour are considering the possibility of changing the current retirement system in order to eliminate existing inequalities. The Committee would be grateful if the Government would keep it informed of any measures taken or envisaged in this respect.

4.  Referring to its previous comments on the submission to the National Congress of a bill on sexual harassment, the Committee requests the Government to continue to keep it informed of the promulgation of the bill and to send it a copy once it has been adopted.

5.  In regard to non-discrimination on the grounds of ethnic origin, the Committee requests the Government to supply information on the labour situation of the Mapuche, Aymara and Rapanui ethnic minorities, including statistics on the employment of members of these minorities in the various economic sectors in the country. The Committee also requests the Government to indicate any measures taken to guarantee equality of opportunity and treatment to these ethnic groups, particularly in respect of access to vocational training, employment and occupation.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s report, particularly the new legislation adopted concerning non-discrimination. It notes with interest that Act No. 19611 of 16 June 1999 amends articles 1 and 19 of the Chilean Constitution, and provides explicitly for legal equality between men and women. Furthermore, the Committee notes with interest the adoption of Act No. 19591 of 9 November 1998 which amends section 194 of the Labour Code. The new Act provides protection against discrimination for pregnant women workers and prohibits the requirement for a pregnancy test as a condition for employment. The Committee also notes with interest that Act No. 19638 of 14 October 1999 prohibits discrimination on the grounds of religious belief.

2.  In regard to discrimination on the grounds of political opinion, the Committee notes that for more than ten years it has been holding a dialogue with the Government requesting the explicit repeal of certain legislative decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) which grant wide discretionary powers to Chilean university vice-chancellors to suspend academic and administrative posts. The Committee also asked the Government to repeal explicitly section 55 of Legislative Decree No. 153 on the by-laws of the University of Chile and that on the legal status of the University of Santiago de Chile, which both allow the expulsion from or non-admission to these institutions of academics, students and officials because of their political activities.

3.  The Government has reiterated once again that the legislative decrees in question have been repealed tacitly and are not in force. In its report, the Government indicates that it does not consider there to be failure to observe the Convention because the universities named in these legislative decrees are not currently subject to the authority of the vice-chancellors mentioned and that for this reason the bases necessary for the law to function do not exist. The report adds that most of the universities mentioned have adopted new statutes which establish the higher authorities by which they are governed. Despite the affirmation in the Government’s report, the Committee refers to its previous comments and requests the Government once again to repeal explicitly the legislative decrees in question in order to ensure that they cannot serve as a basis for preventing access to, or for excluding persons from, the universities mentioned in those instruments. The Committee notes that there is a draft framework act for the preparation of new statutes by the state universities and that the new statutes cannot include discriminatory provisions. The Committee requests the Government to continue to supply information about the state of the draft act, to advise the Committee as soon as it has been promulgated in law and to send it a copy for information.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided by the Government in response to its previous direct request, in which the Committee referred to the principle of equality of opportunity and treatment between men and women. It notes with interest the activities carried out between 1992 and 1997 by the National Women's Service (SERNAM) on different aspects of occupational guidance, vocational training and labour rights. The Committee also notes the presentation of a draft law on sexual harassment.

The Committee requests the Government to keep it informed with regard to the activities undertaken and the results obtained by SERNAM in achieving equality of opportunity and treatment between men and women and asks it to provide a copy of the sexual harassment law once it is adopted.

2. The Committee refers to section 349 of the Commercial Code, pursuant to which married women who have not wholly separated their assets from those of their husband's must obtain their husband's permission before entering into a partnership agreement. The Committee requests the Government to provide it with information regarding the measures taken or envisaged in order to secure the observance of the Convention, which guarantees equal access to employment for both men and women.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. For more than ten years, the Committee has requested that the Government explicitly repeal Decrees Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976, granting broad discretionary authority to university deans to suspend employees from academic and administrative posts. Similarly, for more than ten years, the Committee has asked the Government to repeal explicitly section 55 of Legislative Decree No. 153 on the By-laws of the University of Chile. The By-laws permit the University of Chile to expel or refuse the admittance of academics, students, and officials who have been expelled from another institution of higher learning for having violated the law. The Committee has also called for the explicit repeal of section 35 of Legislative Decree No. 149 (By-laws of the University of Santiago de Chile). According to this provision, persons who participate in activities involving partisan politics aimed at disrupting the public order and have been sanctioned by the competent authority may not register in the University of Santiago de Chile, regardless of whether they have the requisite qualifications to study there. Moreover, those who participate in activities of the same nature as those indicated above will lose their status as students.

2. Throughout its reports, the Government has reiterated its position that the above-referenced decrees were implicitly repealed upon the enactment of the university regulations, Legislative Decrees Nos. 148 to 164 of 1982, which govern this matter. On this point, the Committee has had the opportunity to observe that, the texts in question, while tacitly repealed, have served as the predicate for the enactment of the Regulation of Ethical Rules for students of the University of Concepción (Decree No. 84655), adopted by virtue of the faculties conferred by, inter alia, Decree No. 139 of 1973, which forms part of the group of implicitly repealed decrees. This fact points out the need for an explicit repeal of the above-mentioned decrees, in order to avoid any uncertainty with regard to the applicability or enforceability of the challenged decrees. The Committee notes that in its last report the Government states once again that the decrees in question have been implicitly repealed. The Committee regrets that the Government has not indicated any intention to repeal explicitly this legislation containing provisions that are incompatible with the non-discrimination policy enshrined in the Convention. Under these circumstances, the Committee cannot assure itself that, as required by the Convention, no one is denied access to or excluded from universities or other institutes of higher learning, whether as a student, academic or official, on the basis of the expression of political opinion.

3. The Committee notes the information provided by the Government with regard to the application of Acts Nos. 19234 and 19350, by virtue of which anticipatory benefits were accorded to persons exonerated for political reasons between 11 September 1973 and 10 March 1990.

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. Article 2 of the Convention. The Committee notes the various legal provisions prohibiting discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, including the Labour Code of 1994, and the Government's statement that there is no discrimination, exclusion or preference in legislation, administrative practice or in relationships between persons or groups of persons on the grounds listed in the Convention and that there have been no complaints before the Labour Inspection Service. The Committee requests the Government to provide information on the methods taken to implement this policy in practice, including statistical data on the number of persons who have gained access to vocational training, employment and particular occupations with a breakdown by reference to race, colour, national extraction and sex.

2. The Committee notes from the report that sections 21 and 26 of Act No. 18.834 and 22 and 28 of Act No. 18.883 establish the non-discriminatory basis of selection and evaluation of candidates for entry to, respectively, the public administration services and municipal services. The Committee requests information on the number of women applicants, their rate of acceptance, and the posts they occupy. In this respect the Committee takes note of the National Service for Women (SERNAM) of the Ministry of Labour created by Act No. N-19.023 of 3 January 1991, and its Plan of Equality of Opportunity for Women elaborated in 1993. The Committee would appreciate receiving details on the work of SERNAM in relation to women's access to employment and professions, such as the 1993 seminar it co-hosted with the Office in Santiago de Chile on repercussions of productive reconversion and technological change on the employment and working conditions of women, and the participation of its Director in various national events such as the 1994 "Women and Employment" seminar.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest the information regarding Act No. 19.234 of 5 August 1993 under which benefits will be granted to the workers dismissed for political reasons between the period of 11 September 1973 and 10 March 1990, in particular that the Institute de Normalización Previsional (INP), the responsible authority, has commenced its work in allocating pensions and other benefits (a large number of applications are, however, still pending). The Committee also notes that Act No. 19234 was amended by Act No. 19.350 of 14 November 1994 so as to expand its scope of application and to render formalities for applying for benefits more flexible. The Committee requests the Government in future reports, to continue to supply information on the practical application of the Act. 2. The Committee recalls its previous requests to the Government to provide information on progress made in two matters, namely: (a) the express repeal of Decrees Nos. 112 and 139 of 1973, Nos. 473 and 762 of 1974, and Nos. 1321 and 1412 of 1976 which grant broad discretionary powers of termination of employment to university rectors so as to preclude any ambiguity given the Government's indication that they have been tacitly repealed and are without effect; and (b) the repeal or amendment of section 55 of Decree No. 153 of 1951 (legal status of the University of Chile), and section 35 of Decree No. 149 of 1951 (statutes of the University of Santiago), in order to ensure that no one may be denied access to or expelled from universities or educational establishments on grounds prohibited by the Convention. As the most recent reports are silent on this legislation, the Committee repeats its request to the Government to provide information in its next report on legislative measures taken to bring the national legislation into conformity with the Convention as referred to above. 3. The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will submit detailed information in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the Government's detailed report and the information provided regarding the constitutional, legislative and administrative provisions to apply the Convention. It requests the Government to provide further information in its next report on the following.

1. Article 2 of the Convention. The Committee notes the various legal provisions prohibiting discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, including the Labour Code of 1994, and the Government's statement that there is no discrimination, exclusion or preference in legislation, administrative practice or in relationships between persons or groups of persons on the grounds listed in the Convention and that there have been no complaints before the Labour Inspection Service. The Committee requests the Government to provide information on the methods taken to implement this policy in practice, including statistical data on the number of persons who have gained access to vocational training, employment and particular occupations with a breakdown by reference to race, colour, national extraction and sex.

2. The Committee notes from the report that sections 21 and 26 of Act No. 18.834 and 22 and 28 of Act No. 18.883 establish the non-discriminatory basis of selection and evaluation of candidates for entry to, respectively, the public administration services and municipal services. The Committee requests information on the number of women applicants, their rate of acceptance, and the posts they occupy. In this respect the Committee takes note of the National Service for Women (SERNAM) of the Ministry of Labour created by Act No. N-19.023 of 3 January 1991, and its Plan of Equality of Opportunity for Women elaborated in 1993. The Committee would appreciate receiving details on the work of SERNAM in relation to women's access to employment and professions, such as the 1993 seminar it co-hosted with the Office in Santiago de Chile on repercussions of productive reconversion and technological change on the employment and working conditions of women, and the participation of its Director in various national events such as the 1994 "Women and Employment" seminar.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information in the Government's reports in response to its previous comments.

1. The Committee notes with interest the information regarding Act No. 19.234 of 5 August 1993 under which benefits will be granted to the workers dismissed for political reasons between the period of 11 September 1973 and 10 March 1990, in particular that the Instituto de Normalización Previsional (INP), the responsible authority, has commenced its work in allocating pensions and other benefits (a large number of applications are, however, still pending). The Committee also notes that Act No. 19.234 was amended by Act No. 19.350 of 14 November 1994 so as to expand its scope of application and to render formalities for applying for benefits more flexible. The Committee requests the Government in future reports, to continue to supply information on the practical application of the Act.

2. The Committee recalls its previous requests to the Government to provide information on progress made in two matters, namely: (a) the express repeal of Decrees Nos. 112 and 139 of 1973, Nos. 473 and 762 of 1974, and Nos. 1321 and 1412 of 1976 which grant broad discretionary powers of termination of employment to university rectors so as to preclude any ambiguity given the Government's indication that they have been tacitly repealed and are without effect; and (b) the repeal or amendment of section 55 of Decree No. 153 of 1951 (legal status of the University of Chile), and section 35 of Decree No. 149 of 1951 (statutes of the University of Santiago), in order to ensure that no one may be denied access to or expelled from universities or educational establishments on grounds prohibited by the Convention. As the most recent reports are silent on this legislation, the Committee repeats its request to the Government to provide information in its next report on legislative measures taken to bring the national legislation into conformity with the Convention as referred to above.

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

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

For several years the Government's information on the application of the Convention has been confined to discrimination on grounds of political opinion. The Committee therefore asks the Government in its next report to provide information on the manner in which it applies each Article of the Convention. In particular, it would be grateful for information on any measures taken to ensure effective promotion of equal opportunity and treatment, regardless of race, colour, sex, religion, national extraction or social origin, and on the results obtained, particularly as regards:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under the direction of the Government;

(ii) by means of legislation and education programmes;

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly as regards employment in the private sector and matters not covered by collective agreements.

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

The Committee takes note of the Government's report and the information provided in response to its previous comments.

1. The Committee recalls that the workers' organization "Comando de Exonerados de Chile" alleged in 1991 that thousands of workers had been dismissed from their jobs for political reasons under the military dictatorship, and that the Government replied that a Bill had been submitted to the National Congress on 9 July 1991 to grant provisional benefits to workers dismissed for political reasons between 11 September 1973 and 10 March 1990 from jobs which were wholly or partly under state control. The Committee also recalls that the "Frente de Trabajadores Exonerados, Compañia Chilena de Tabacos S.A. y Chiletabacos S.A." requested in a communication of October 1992 that the scope of the Bill be extended to workers in the private sector who, although they were not dismissed through the intervention of the public authorities, were forced to resign after harassment due to their political opinions. In its previous observation, the Committee noted with interest that discussions of this issue between the Government and the Comando de Exonerados de Chile led to an agreement on 6 June 1992. In addition, the "Syndicato de Trabajadores No. 7, Codelco Chile, Division el Teniente" submitted observations in February 1992 on the dismissal of workers, purportedly because of their political opinions, in response to which the Government referred to the Bill and the agreement of 6 June 1992.

The Committee notes with interest that the above-mentioned Bill was adopted on 5 August 1993 and became Act No. 19.234 under which provisional benefits will be granted to workers dismissed for political reasons between 11 September 1973 and 10 March 1990. The Committee notes that under section 3, the new Act applies to the public and semi-public sector and to autonomous enterprises in which the State has a holding of at least 50 per cent, and that it does not therefore apply to the private sector as was requested by the "Frente de Trabajadores Exonerados". The Committee would be grateful if in its next report the Government would provide information on the effect given in practice to this new Act.

2. With regard to the communication sent in October 1992 by the "Frente de Trabajadores Exonerados" and particularly its observations on the labour contracts terminated between September 1973 and March 1990 for political reasons (the allegations concern 41 people), the Committee notes that the Government has produced a list of 32 workers concerned (the documents of the nine others are no longer available) with explanations of the termination of the contracts on the basis of information provided by the enterprise, to the effect that the workers concerned either resigned voluntarily or were lawfully dismissed by the enterprise. The Committee also takes note of the individual documents appended to this information as evidence of the workers' consent, in which the worker signed a statement to the effect that he had received all entitlements due and would make no further claims. In six cases, appended to these documents are decisions of the Labour Tribunal concerning complaints of unwarranted dismissal (filed by the workers concerned after they had left the enterprise). In all six judgements, dated 1974, 1978 and 1984, the Tribunal found for the enterprise. In these circumstances, the Committee has no further comments to make on this point.

3. The Committee also notes the Government's reply to the additional observations of the "Syndicato de Trabajadores No. 7, Codelco Chile, Division el Teniente", transmitted in February 1993, concerning the early retirement of a number of workers and discrimination in respect of employment on grounds of age. The Government states that the measures in question were taken in accordance with a rationalization plan in order to improve the alignment of the human resources of the autonomous State enterprise, Codelco Chile, with the company's real needs, that prior consultations were held with the workers and their representatives concerning incentives to early retirement, and that due account was taken of the relevant provisions of laws and contracts. The Committee considers that no further comments are called for on this matter.

4. In its previous comments, the Committee asked the Government to repeal expressly the Decrees (Nos. 112 and 139 of 1973, Nos. 473 and 762 of 1974, and Nos. 1321 and 1412 of 1976) which grant broad discretionary powers to university rectors to terminate the contracts of certain teaching and administrative staff. The Committee notes that the Government repeats its earlier statements that the above Decrees were tacitly repealed and are without effect in that the universities of the country, in accordance with their own statutes, have independently issued their own regulations; and that the Government has transmitted the Committtee's request to the Ministry of Education as it said it would in its previous report. The Committee notes that the Council of University Rectors considers that the decrees were tacitly repealed by the entry into force of Act No. 18.575 of December 1986 and Act No. 18.834 of September 1986, which govern conditions of employment in the public service, particularly job security, career development and procedures for termination of the employment relationship. In these circumstances, the Committee trusts that the Government will take the necessary measures to repeal explicitly the above Decrees so as to preclude any ambiguity in this matter.

The Committee also asked the Government to amend or repeal section 55 of Decree No. 153 of 1951 respecting the legal status of the University of Chile and section 35 of Decree No. 149 of 1951 regarding the Statutes of the University of Santiago to ensure that, in accordance with the Convention, no one may be denied access to or be expelled from universities or other educational establishments on grounds of political opinion, whether they be students, teachers or administrative staff. The Committee recalls that the Government has always maintained that no one may be expelled from an educational establishment for holding, demonstrating or expressing his or her political ideas, as this would be incompatible with the existing provisions of the Constitution and the law. The Committee therefore considers that there should be no major difficulty in taking the necessary legislative measures; it again asks the Government to take appropriate steps for the amendment or repeal of sections 55 and 35 of Decrees Nos. 153 and 149 in order to bring the legislation fully into conformity with the Convention.

The Committee asks the Government to supply information in its next report on progress made with regard to the changes in legislation referred to by the Committee in the two preceding paragraphs.

5. The Committee raises other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its 1992 observation, the Committee takes note of the statement of the Government representative to the Conference Committee in June 1992, and of the information contained in the Government's last report. It also notes the observations of the Frente de Trabajadores Exonerados Compania Chilena de Tabacos S.A. y Chiletabacos S.A., dated October 1992 and of the Workers' Trade Union No. 7, División El Teniente, Codelco Chile, dated February 1993, which were sent to the Government for comments.

1. Regarding the 1991 comments from the Comando de Exonerados de Chile concerning dismissal from employment on political grounds under the military dictatorship, the Committee had noted that a draft Act had been placed before the National Congress on 9 July 1991 proposing provisional benefits for persons dismissed during the period 11 September 1973 to 10 March 1990 on political grounds from the public administration, from semi-state agencies and self-governing state enterprises, or from municipalities and for workers from private enterprises in which the public authority intervened. The Committee notes with interest that an agreement was reached on 6 June 1992 between the Ministry of Labour and the Comando de Exonerados de Chile (providing that persons dismissed for political reasons would have a right to new improvements in pensions, together with the opportunity to increase the amount, and that access to pensions would be considered together with means for easing the reintroduction of workers dismissed from the public service as well as improved access to opportunities for vocational training and small-scale enterprises) and that the draft Act was still under discussion in the Chamber of Deputies and then to be placed before the Senate. The Committee again requests the Government to supply a copy of the Act once it has been adopted and promulgated, together with information on its practical application.

2. The Committee also notes that in response to communications from the Workers' Trade Union No. 7, División El Teniente, Codelco Chile, received in February 1992, concerning the issue of dismissals from employment on political grounds before and after 10 March 1990, the Government refers to the current passage through Parliament of the above-mentioned draft Act and the 6 June 1992 agreement as evidence of its application of the Convention.

3. The Committee notes that the Frente de Trabajadores Exonerados Compania Chilena de Tabacos S.A. y Chiletabacos S.A. disputes the scope of this draft Act and asks that it be broadened to include those workers - such as its members - who were not dismissed through the intervention of public authorities, but who suffered indirectly forced resignations after harassment due to their political beliefs in private companies. The Committee hopes that the Government will supply its comments on this communication in its next report.

4. With regard to the Constitutional Reform Act No. 18825 of 16 August 1989 which repealed article 8 of the Constitution, and the possibility of acquitting persons convicted by the Constitutional Court of committing the acts specified in article 8, the Committee notes the Government's statement that no other persons were convicted for committing an act specified in article 8 and that the Constitutional Court has thus not rendered any other judgements in this regard.

5. Regarding its repeated requests to the Government to repeal explicitly certain Decrees (Nos. 112 and 139 of 1973; Nos. 473 and 762 of 1974 and Nos. 1321 and 1412 of 1976, which grant discretionary powers to university rectors to terminate the contracts of teaching and administrative staff) which - according to the Government - were tacitly repealed and without effect and to repeal or amend section 55 of Legislative Decree No. 153, concerning the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 regarding the Statutes of the University of Santiago, in order to ensure protection against discrimination on grounds of political opinion, the Committee notes the Government's statement that the Committee's requests have again been transmitted to the Ministry of Education authorities, but that no action has been taken by them. The Committee recalls the Government's previous statement that these texts can only be repealed or amended by a law passed by the National Congress and hopes that the Government will take the necessary measures to repeal explicitly or amend these texts. It asks the Government to include in its next report information on the progress achieved in this respect.

6. The Committee notes the most recent observations of the Workers' Trade Union No. 7 of Codelco Chile, dated February 1993, concerning dismissals of workers on the basis of age and hopes that the Government's comments thereon will be available for its next session.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee has taken note of the communication dated 31 May 1991 from the Comando de Exonerados de Chile concerning dismissal from employment on political grounds under the military dictatorship, whereby thousands of workers from various public and private agencies and undertakings were discharged, persecuted, subjected to administrative investigation or accused of offences which they had not committed or of conduct not their own. The Committee has taken note of the detailed information given in the Government's reply dated 15 January 1992 and in particular of its statement to the effect that a draft Act was sent to the National Congress on 9 July 1991 proposing provisional benefits for persons dismissed on political grounds from the public administration, from semi-state agencies and self-governing state undertakings, or from municipalities and for workers from private undertakings in which the public authority intervenes, whose discharge took effect during the period 11 September 1973 to 10 March 1990. The Committee hopes that this draft Act will be adopted in the near future; it asks the Government to supply a copy of the Act once it has been promulgated, together with information on its practical application.

2. The Committee also takes note of the observations supplied by Workers' Trade Union No. 7, División El Teniente, Codalco, Chile, in its letter of 17 February 1992, which was transmitted to the Government by ILO letter dated 6 March 1992. The Committee hopes that the Government will supply its comments on the letter in question so that it may be examined at the Committee's next session.

3. The Committee hopes that the next report will contain information on the following points raised in its previous observation:

(i) With reference to its previous comments, the Committee notes with interest the Government's statement that section 8 of the National Constitution has been repealed by Constitutional Reform Act No. 18825 of 16 August 1989 and that, consequently, persons convicted by the Constitutional Court of committing the acts specified in the above-mentioned section 8 must be acquitted as these acts no longer constitute an offence. By virtue of the above reform, the Constitutional Court resolved to lift the penalties imposed on Mr. Clodomiro Almeyda Medina. The Committee asks the Government to continue to inform it of any further such decisions of the Constitutional Court.

(ii) Decrees relating to universities. In its previous comments, the Committee requested the Government to explicitly repeal certain Decrees (Nos. 112 and 139 of 1973; Nos. 473 and 762 of 1974 and Nos. 1321 and 1412 of 1976) which grant broad discretionary powers to university rectors to terminate the contracts of teaching and administrative staff. The Committee also requested the repeal or amendment of section 55 of Legislative Decree No. 153 respecting the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 respecting the Statutes of the University of Santiago, in order to ensure protection against discrimination on grounds of political opinion. The Committee notes the Government's statement that the Committee's request has been transmitted to the new Ministry of Education authorities which are examining the matter but that the above texts can only be repealed or amended by a law passed by the National Congress. The Committee trusts that the Government will take the necessary measures and hopes that the next report will indicate further progress made in this respect.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Labour Code. The Committee notes with satisfaction Act No. 19.010 establishing rules on the termination of work contracts and stability of employment (Official Gazette, 29 Nov. 1990), which repeals section 157(6) of the Labour Code whereby a labour contract lapses where an offence has been committed under Act No. 12927 of 1958 on state security, as amended by Act No. 18256 of 26 October 1983.

2. Act No. 18662 of 27 October 1987. The Committee also notes with satisfaction that, pursuant to section 1 of Act No. 19048 of 13 February 1991, Act No. 18662 which referred to former section 8 of the Constitution has been repealed.

3. With reference to its previous comments, the Committee notes with interest the Government's statement that section 8 of the National Constitution has been repealed by Constitutional Reform Act No. 18825 of 16 August 1989 and that, consequently, persons convicted by the Constitutional Court of committing the acts specified in above-mentioned section 8 must be acquitted as these acts no longer constitute an offence. By virtue of the above reform, the Constitutional Court resolved to lift the penalties imposed on Mr. Clodomiro Almeyda Medina. The Committee asks the Government to continue to inform it of any further such decisions of the Constitutional Court.

4. Decrees relating to universities. In its previous comments, the Committee requested the Government to explicitly repeal certain Decrees (Nos. 112 and 139 of 1973; Nos. 473 and 762 of 1974 and Nos. 1321 and 1412 of 1976) which grant broad discretionary powers to university rectors to terminate the contracts of teaching and administrative staff. The Committee also requested the repeal or amendment of section 55 of Legislative Decree No. 153 respecting the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 respecting the Statutes of the University of Santiago, in order to ensure protection against discrimination on grounds of political opinion. The Committee notes the Government's statement that the Committee's request has been transmitted to the new Ministry of Education authorities which are examining the matter but that the above texts can only be repealed or amended by a law passed by the National Congress. The Committee trusts that the Government will take the necessary measures and hopes that the next report will indicate further progress made in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 8 of the national Constitution. In its previous observations the Committee requested the Government to provide information on any measure taken or envisaged to amend or repeal article 8 of the Constitution in order to ensure observance of the policy of non-discrimination on grounds of political opinion set forth in the Convention. Under this article any organisations or political movements or parties that, by their aims or by the activities of their followers were intended to propagate certain doctrines, including those advocating a conception of society, the State or law "of a totalitarian character or based on class war" were unconstitutional. Persons who had committed these offences were barred for ten years from access to any public post or position, automatically lost any such employment or office they might hold, and might not during the same period be directors or principals of educational establishments, teachers or trade union leaders, nor could they exercise any function in the mass media relating to the publication or dissemination of opinions or information.

The Committee notes with satisfaction that, by virtue of the constitutional reform, enacted by Act No. 18825 of 16 August 1989, article 8 of the Constitution was repealed. By virtue of the amendments to article 19(15) of the Constitution, under the same Act, it is still possible for parties and organisations to be declared unconstitutional by the Constitutional Court if their objectives or activities do not respect the basic principles of the democratic and constitutional order. However, persons who have participated in activities that have been declared unconstitutional are only disqualified from a limited number of high positions in the Government and in a number of public institutions.

2. Act No. 18662 of 27 October 1987. The Committee also notes the Government's statement that it will be necessary to refer to the courts the question of whether this Act remains in force and is constitutional, since it refers to former article 8 of the Constitution. Information will be supplied to the Committee of Experts on this point in due course. The Committee hopes that the Government will take the necessary measures to clarify the situation and that the next report will indicate the outcome of this re-examination.

3. Labour Code. In its previous comments, the Committee noted that, under section 157(6) of the Labour Code, an employment contract lapses immediately and without entitlement to compensation when the employer terminates it on the grounds that an offence has been committed under Act No. 12927 of 1958 on State security, as amended by Act No. 18256 of 26 October 1983, which defines as offences, inter alia, the unauthorised calling of collective public acts in public places, and incitement to any other kind of public demonstration permitting or facilitating the disturbance of public tranquillity. The Government states once again that the grounds for revoking an employment contract are that an offence that is punishable under the law has been committed, which has a direct bearing on work, and that the above legal provisions never sanction the expression of political opinion. It states that action has not been taken in application of section 157(6) of the Labour Code. The Committee refers to its previous comments on this matter and trusts that in the near future the Government will take the appropriate measures to repeal section 157(6) of the Labour Code.

4. Decrees relating to universities. In its previous observation, the Committee once again requested the Government to explicitly repeal Decrees Nos. 112 and 139 of 1973, Decrees Nos. 473 and 762 of 1974 and Decrees Nos. 1321 and 1412 of 1976, which grant broad discretionary powers to university rectors (whom, in most cases, are directly appointed by the Government) to dismiss teaching and administrative staff. The Government repeats its statement that these Decrees are no longer in force nor applied since the universities in the country, under their own statutes, have independently issued their own rules which have been duly published. It adds, nevertheless, that the Committee's request has been transmitted to the authorities of the Ministry of Education. The Committee therefore trusts that the Government will take the necessary measures to formally repeal the above Decrees so that no ambiguity may persist in this connection.

The Committee had also requested the Government to take the necessary measures to repeal or amend section 55 of Legislative Decree No. 153 (Statute of the University of Chile) and section 35 of Legislative Decree No. 149 (Statute of the University of Santiago de Chile) in order to ensure that, in conformity with the Convention, no one is refused admission to universities and other educational institutions, nor expelled from such establishments, whether as students, or as teaching or administrative staff, for expressing a political opinion. The Committee notes the Government's statement that no one can be expelled from an educational institution on the grounds of their political ideas or of having demonstrated or expressed these ideas. A situation of this type is incompatible with the provisions of the Constitution and the laws in force. The freedom to express opinions is laid down as a constitutional guarantee, and recourse known as a protective appeal may be made to the competent Court of Appeal. This channel of appeal re-establishes the rule of the law and guarantees due protection to the persons concerned. The Committee notes, nevertheless, that under section 55 of Legislative Decree No. 153, teaching staff, students and administrative staff can be expelled from, or refused admission to, the University of Chile if they have been expelled from another higher education institution for having breached the legal order. It also notes that section 35 of Legislative Decree No. 149 provides that persons participating in party political activities with a view to disturbing the public order who have been punished by the competent authority cannot be admitted to the University of Santiago de Chile, even if they have all the necessary qualifications for studying there. The Committee therefore once again requests the Government to take the necessary measures to repeal or amend section 55 of Legislative Decree No. 153 and section 35 of Legislative Decree No. 149 to bring national law and practice into full conformity with the Convention.