Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the information in the Government's reports in response to its previous comments.

1. The Committee notes with interest the information regarding Act No. 19.234 of 5 August 1993 under which benefits will be granted to the workers dismissed for political reasons between the period of 11 September 1973 and 10 March 1990, in particular that the Instituto de Normalización Previsional (INP), the responsible authority, has commenced its work in allocating pensions and other benefits (a large number of applications are, however, still pending). The Committee also notes that Act No. 19.234 was amended by Act No. 19.350 of 14 November 1994 so as to expand its scope of application and to render formalities for applying for benefits more flexible. The Committee requests the Government in future reports, to continue to supply information on the practical application of the Act.

2. The Committee recalls its previous requests to the Government to provide information on progress made in two matters, namely: (a) the express repeal of Decrees Nos. 112 and 139 of 1973, Nos. 473 and 762 of 1974, and Nos. 1321 and 1412 of 1976 which grant broad discretionary powers of termination of employment to university rectors so as to preclude any ambiguity given the Government's indication that they have been tacitly repealed and are without effect; and (b) the repeal or amendment of section 55 of Decree No. 153 of 1951 (legal status of the University of Chile), and section 35 of Decree No. 149 of 1951 (statutes of the University of Santiago), in order to ensure that no one may be denied access to or expelled from universities or educational establishments on grounds prohibited by the Convention. As the most recent reports are silent on this legislation, the Committee repeats its request to the Government to provide information in its next report on legislative measures taken to bring the national legislation into conformity with the Convention as referred to above.

3. The Committee is raising other matters in a request addressed directly to the Government.