Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

1. In previous comments, the Committee has referred to section 34 of Act No. 200 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to public order or to the democratic system established by the national Constitution.

The Committee notes the information provided by the Government in its report, concerning the practical application of section 34 of Act No. 200, to the effect that if public employees engage in activities contrary to public order they may be removed from their posts and barred from holding public office for a period of from two to five years (section 49.5 of Act No. 200).

The Committee recalls that provisions restricting the political activities of public employees may have the effect of excluding from the scope of constitutional and legal protection against discrimination with regard to employment, persons who express or manifest certain opinions or political ideas which are contrary to the opinions of the established authorities. It is therefore important to ascertain whether, in practice, the above provisions lead to discrimination on the basis of political opinion for the categories of workers concerned.

The Committee, in order to be able to ascertain the effect given to the Convention, hopes that the new Government will provide a copy of any sentences handed down or decisions made by virtue of sections 34 and 49.5 of Act No. 200, and will supply any further information that may enable it to ascertain the scope of the provision contained in section 34 of Act No. 200.

2. The Committee has also referred to sections 10, 11 and 14 of Act No. 294 (Defence of Democracy Act) under which:

No public institution or service maintained by the State or by municipal authorities, or enterprises providing public services, may employ public servants, employees or manual workers who are members, openly or secretly, of the Communist Party or of the other organisations referred to in this Act, or who have committed any of the offences set out in the Act. (section 10); The executive authority shall close any private teaching establishment that does not exclude from its managerial, teaching or administrative staff, persons who are members, openly or secretly, of the unlawful organisations referred to in this Act, or who have been sentenced for any of the offences punishable under the Act. (section 11); Public servants who are convicted of any such offences shall be dismissed, and in addition to their corresponding sentences, shall be totally disqualified for twice the length of their sentence. (section 14).

In its report, the Government states that it has taken due note of the comment made by the Committee of Experts concerning sections 10, 11 and 14 of the Defence of Democracy Act.

The Committee recalls that the Convention affords protection against any discrimination on grounds, inter alia, of political opinion. It also recalls the indications in paragraph 57 of its 1988 General Survey on Equality in Employment and Occupation, to the effect that the protection of freedom of expression is aimed not merely at the individual's intellectual satisfaction at being able to speak his mind, but rather - and especially as regards the expression of political opinions - at giving him an opportunity to seek to influence decisions in the political, economic and social life of his society. For his political views to have an impact, the individual generally acts in conjunction with others. Political organisations and parties constitute a framework within which the members seek to secure wider acceptance of their opinions. To be meaningful, the protection of political opinions must therefore extend to their collective advocacy within such entities. Measures taken against a person by reference to the aims of an organisation or party to which he belongs imply that he must not associate himself with those aims and accordingly restrict his freedom to manifest his opinions.

The Committee wishes to recall also that, under Article 3(c) of the Convention, each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and practice, to repeal any statutory provisions and modify any administrative practices which are inconsistent with the principles of equality set forth in the Convention.

The Committee firmly hopes that the new Government of Paraguay will take the necessary measures for the repeal of sections 10, 11 and 14 of Act No. 294 and that the Government will report on progress made in this respect.

The Committee is also addressing a request directly to the Government on this point.