Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

With reference to its previous comments on the elimination of discrimination in public employment on the basis of political opinion, the Committee notes the Government's statement that the situation has not changed in respect of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service. Nevertheless, it notes that its comments on the need for sections 8(g) and 33(g) of the Act, providing that entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind, to be explicitly repealed so as to avoid all uncertainties, particularly since these provisions are not now applied in practice, have been transmitted to the competent official body (Secretariat of the Public Service). The Committee requests the Government to inform it in its next report as to whether these provisions have been repealed.

In this context, the Committee notes with interest the enactment of the new Constitution of 22 August 1994 which, in Chapter IV, article 75(22), gives legal preference to international treaties and agreements over national laws. It would be grateful if the Government would indicate the effect that this constitutional provision has had in relation to the Convention, particularly with reference to the elimination of discrimination in employment on the basis of political opinion.