Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  In the first place, the Committee wishes to express its deep concern at the current situation in the country. The rapid resolution of this very serious crisis is an essential prerequisite for the development of a political context in which those responsible for government can fulfil their obligations deriving from the Convention in a sustainable manner. The Committee nevertheless notes the information provided in the Government’s first report, and the legislation to which reference is made. It requests the Government to provide additional information on the following points.

2.  Article 1 of the Convention.  The Committee notes that section 6 of the Labour Code prohibits any discrimination in employment on the basis of all the criteria set out in the Convention. However, it notes that the Labour Code excludes from its application state officials, who are governed by Legislative Decree No. 1/009 of June 1998 issuing the conditions of service of public servants. The Committee notes that no provision in this Legislative Decree guarantees protection against discrimination on grounds of race, national extraction or sex, and it requests the Government to indicate the manner in which protection is provided in the public service against discrimination on these three grounds.

3.  Article 2.  The Committee notes the provisions of the Transitional Constitutional Act of June 1998 and the Labour Code of 1993, setting forth the principle of non-discrimination in employment and occupation on the basis of all the criteria set out in the Convention, and also on grounds of trade union activities. However, the Government does not provide information on the other aspects of its national policy for the promotion of equality in employment and occupation. The Committee wishes to draw the Government’s attention to the fact that, while legislation is an element of this policy, it cannot be the sole component of such a policy, within the meaning of Article 2 of the Convention. It therefore requests the Government to provide information in future reports on the general methods (legal procedures, types of practical action, etc.) through which this policy is implemented.

4.  Article 3(a).  The Committee notes the information provided in the Government’s report concerning the delivery of work permits to foreign nationals, and the priority given to nationals for employment in the public service. With regard to Article 3(a) of the Convention, the Committee wishes to draw the Government’s attention to the fact that the cooperation required by this provision consists of active cooperation with employers’ and workers’ organizations in the fields covered by the Convention. This provision also presupposes that such organizations should not practise or tolerate any discrimination with regard to the admission of members, the maintenance of their membership or their participation in trade union activities. The Committee requests the Government to provide information on the measures taken to seek the active cooperation of employers’ and workers’ organizations in the application of the Convention, and the arrangements made for this purpose.

5.  Article 3(b).  The Committee requests the Government to provide additional information on the promotional role, in its proper sense, of labour inspection services and the manner in which this is carried out. It also requests the Government to indicate whether other bodies are specifically entrusted with combating discrimination in employment.

6.  Article 3(c).  Please indicate whether an examination has already been undertaken of national legislation with a view to identifying and repealing provisions which include discriminatory measures restricting the employment of minorities, and women.

7.  Article 3(d).  The Committee requests the Government to indicate the authorities which are entrusted with guaranteeing non-discrimination and promoting equality in the public sector, and whether there are competent authorities for issues relating to human rights and women’s issues.

8.  Article 3(e).  The Committee notes from the Government’s report that two institutions have been established for the provision of vocational training, namely the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee would be grateful if the Government would provide information on the participants in these training courses by ethnic origin and sex.

9.  Article 4.  The Committee notes the Government’s indication that there are no legislative or administrative measures, or national practice governing the employment or occupational activities of persons justifiably suspected of engaging in activities prejudicial to the security of the State. It requests the Government to indicate whether it envisages adopting such measures in the future.

10.  Part V of the report form.  The Committee requests the Government to provide further information to enable it to evaluate the situation with regard to the application of the Convention in practice, including statistical information, and studies and information on the programmes or activities carried out for the application of the Convention.