Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. Further to its previous comments, the Committee notes with interest from the Government's last report that Act No. 294 (Defence of Democracy Act) which prohibited the employment of members of the Communist Party or of the other organisations referred to in the Act, in public institutions, services maintained by the State or by municipal authorities, enterprises providing public services and private education establishments, has been repealed by Act No. 09/89 of 4 September 1989. The Committee asks the Government to supply a copy of Act No. 09/89 with its next report.

2. The Committee notes that the report contains no information in reply to the point raised in its previous observation, which is reproduced hereunder:

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 puboic 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.

The Committee hopes that the next report will contain information on the above questions, in view of the repeal of Act No. 294 and the statement contained in the last report, to the effect that the national government fully guarantees freedom of opinion for all sectors of the population.

3. The Committee refers to its direct request of 1989 concerning a draft amendment to the Penal Code. It requests the Government, in its next report, to indicate the present status of the above draft and to provide, if appropriate, the text of the provisions adopted.