Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

1. In its previous comments, the Committee referred to Supreme Decision No. 217064 of 23 May 1997 issuing basic rules for the personnel administration system in the public sector, which does not include in section 2(d) as prohibited criteria of discrimination, colour, national extraction and social origin. In this respect, it requested the Government to indicate whether, in the event that workers in the public sector alleged discrimination on grounds of colour, national extraction or social origin, they can make use of the appeal procedure set out in section 14(2) of the above Supreme Decision, or any other appeal procedure. The Committee also requested the Government to provide copies of any administrative and/or judicial decisions on this matter. The Committee notes that the Government’s report does not contain information in reply to its comment, or copies of the decisions requested. The Committee also notes the Government’s reference to national extraction in relation to section 3 of the General Labour Act. The Committee notes that section 3 refers to foreign and national workers, but does not include the term "national extraction". The Committee reminds the Government that the concept of national extraction does not refer to the distinctions that may be made between the citizens of one country and those of another, but to distinctions between the citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. Thus, discrimination based on national extraction means discrimination which may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (see the Special survey on equality of employment and occupation, ILO, 1996, paras. 33 and 34). The Committee therefore once again urges the Government to provide information including copies of administrative and/or judicial decisions relating to this procedure, or any other means or recourse available to workers in the public sector alleging discrimination on grounds of colour, national extraction or social origin.

2. The Committee notes the information provided by the Government in its report that, although there are no legislative provisions or administrative practices which are discriminatory, due to the everyday customs and practices developed in the field of labour, there is a percentage of exclusion of certain social groups, for example as a result of demands to be of "good appearance" or not to have dependants. In this context, the Committee notes with interest the information provided by the Government that a Bill prepared by the President of the Human Rights Committee of the Chamber of Deputies has been submitted with a view to prohibiting discrimination on grounds of race, political ideas, descendancy, religion, culture, religious origin, sex, state of health, physical characteristics, nationality or economic or social situation, under penalty of six months to three years imprisonment and immediate dismissal in the case of public officials. The Committee refers to paragraph 58 of its General survey on equality in employment and occupation, 1998, in which it indicates that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee therefore hopes that measures will be adopted to broaden the provisions contained in the above Bill so as to include specific reference to colour and national extraction. The Committee requests the Government to provide information on the progress achieved in this respect.

3. The Committee notes the information referred to by the Government in its report that many parents are unable to provide vocational education to their children due to lack of means, and that the situation is worse for those who live far from central areas where schools are located, since the cost of transport is an additional cost over and above other needs. The Government also indicates that, although the State provides free education, it is totally precarious and does not cover demand. The Government adds in its report that, although the Act respecting educational reform resulted in a change in the system of teaching, the education system still lacks quality and shows many deficiencies in practice. The Committee trusts that the Government will adopt measures to provide equal access to vocational training, particularly for persons who live far from the central areas and who do not have the necessary means, and that it will adopt measures to provide quality training which offers opportunities for access to employment and occupation.

4. The Committee notes the information provided by the Government in its report that there are no legal provisions in any statutes respecting the cooperation of employers’ and workers’ organizations, with the exception of matters relating to wages. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, each Member for which the Convention is in force undertakes to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of 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 requests the Government to provide information on this matter with its next report.