Observación (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

The Committee notes the Government's reply to its previous comments.

1. In its previous comments the Committee noted the adoption in 1985 of a new Constitution which provides, under article 17, the right to equal opportunity in employment for all citizens and prohibits any discrimination made on the basis of origin, race, colour, sex, religion or political opinion. The Committee requested the Government to indicate the measures taken or envisaged to ensure the implementation of this constitutional provision in practice and the bearing of such measures on the application of the Convention.

In its reply, the Government recalls the constitutional prohibition of discrimination in employment with regard to race, religion or social origin; it adds that the Manpower Act of 1974 does not provide for any discrimination in access to employment and recalls also that under the Public Service Regulations, 1975, all candidates have an equal right to apply for vacant posts in the public administration without any distinction other than those based on their qualifications and competence. Finally, the Government states that the principles of equity and equality apply to all employment available in all regions of the country.

The Committee takes note of these indications on general legal principles. It refers however once again to the explanations provided in paragraphs 25 and 51 of its 1971 General Survey on Discrimination as well as paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation in which it stressed the positive and continuous nature of the measures to be taken within the framework of national legislation and policy under Articles 2 and 3 of the Convention and the need for governments to provide detailed information on the various aspects of such continuous action. The Committee therefore hopes that the Government will supply full information on all steps taken at the national, regional or local level to ensure effective promotion of equality of opportunity and treatment in employment or occupation, irrespective of race, colour, sex, religion, political opinion, ethnic or social origin and that it will indicate the results obtained particularly with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) conditions of employment.

2. As regards measures to protect persons of a certain ethnic or social origin against the imposition of forced labour, the Committee refers to its observation under Convention No. 29.