Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In its previous comments, the Committee referred, amongst other matters, to Presidential Decision No. 214 of 1978 respecting the principles of the protection of the home front and social peace, and noted the Government's statement that the first of the principles laid down in this Decision is not applied in practice. According to this principle, any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion. The Committee also noted the Government's statement that Act No. 33 of 1978 respecting the defence of the home front and social peace and Act No. 95 of 1980 respecting the protection of values were adopted under the above-mentioned Decision. It therefore asked the Government to provide copies of these laws and to indicate the measures taken or under consideration to repeal or amend the provisions of the first principle laid down in Presidential Decision No. 214 in order to ensure that practical effect is given to article 40 of the national Constitution. Under this article all citizens are equal before the law and have the same rights and obligations without distinction as to race, origin, language, religion or belief. This action would ensure, in accordance with the Convention, that no discrimination on the basis of religion is exercised in respect of access to employment and occupation.

In reply, the Government states in its last report that the first principle of Decision No. 214 does not conflict with the above-mentioned provision of the Constitution, that freedom of religion is guaranteed to all persons belonging to one of the three "divine religions" practised in the country and that no discrimination or preference is exercised by reason of a person's belonging to any of these three religions. The Government adds that the provision concerning the principle in question must be maintained in order to guarantee state security. The Government communicated the text of the above legislation.

The Committee has examined this legislation, i.e. Acts Nos. 33 of 1978 and 95 of 1980. It notes, however, that under section 2 of Act No. 33, any person convicted, following an investigation by the Socialist Public Prosecutor, of advocating, or of complicity in advocating, doctrines which involve the rejection of the divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders or a post which has a bearing on public opinion, or any post of delegate members on executive boards of state bodies and enterprises or press establishments. Similarly, under section 4 of Act No. 95 of 1980, any person proved guilty of violating the fundamental values of the people (including the principles whereby the rights and religious values of the people are safeguarded), is prohibited, for a period of from six months to five years, from occupying posts or performing functions which may influence public opinion or which are related to the education of future generations. Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights unless they are deprived thereof on legal grounds.

In view of the above provisions of the national legislation and of the fact that, under Article 1(a) of the Convention, any decision, exclusion or preference on the basis of religion which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation, constitutes discrimination, the Committee asks the Government to indicate how the Convention is applied in this regard, both to persons who belong to any of the three religions referred to by the Government and to persons who do not belong to these religions. The Committee also asks the Government to state how equality of treatment as provided in the Convention is ensured in practice between the persons who belong to the three religions in question. The Committee would also like to receive copies of the decisions taken by the Socialist Public Prosector under the provisions of Acts Nos. 33 of 1978 and 95 of 1980 and of any appeals against such decisions by the persons concerned. (With regard to the scope of the Convention on this point, the Committee asks the Government to refer to paragraphs 47 to 49 of its 1988 General Survey on Equality in Employment and Occupation.)

With regard to state security, which the Government invokes to justify the maintenance of the above-mentioned provisions of the national legislation, the Committee recalls - as it did in paragraph 135 of its General Survey - that the expression of opinions or religious, philosophical or political beliefs does not in itself justify the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that this expression of opinions or beliefs does not involve the use of violent methods to bring about fundamental changes to state institutions. The Committee therefore hopes that the Government will be able to re-examine this question and make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in access to employment and occupation laid down in the Convention is applied to all persons, regardless of their religious beliefs. The Committee asks the Government to indicate any progress achieved in this regard.

2. The Committee also referred to section 18 of Act No. 148 of 1980 respecting the power of the press, which provides that the publication, participation in the publication or the ownership of newspapers is prohibited to certain classes of persons. It noted the Government's statement that this section is not applied in practice and expressed the hope that the provision could be repealed on the occasion of a forthcoming revision of the press law. In its last report, the Government states that the prohibition laid down in section 18 of Act No. 148 is limited to the production and ownership of newspapers and does not affect the publication of articles, the expression of opinions or the exercise of the profession of journalist.

The Committee takes note of this statement. Noting that Act No. 33 of 1978 also contains prohibitions on the freedom to publish or disseminate, through the press or any other information media, articles prejudicial to the democratic socialist regime of the State or to the socialist achievements of the workers and the peasants, which affect, inter alia, under section 8 of this Act, the members of journalists' trade unions, the Committee again expresses the hope that the Government will be able to reconsider the possibility of repealing or amending the above-mentioned provisions in so far as they constitute discrimination based on political opinions and by nullifying or impairing equality of opportunity and treatment in employment and occupation in respect of the persons concerned, in contradiction to Article 1(a) of the Convention. The Committee asks the Government to indicate any progress made in this respect.