Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has examined the detailed information, the legislation, regulations and statistics supplied with the last report by the Government.

1. In particular, the Committee notes with interest the new progress achieved in the areas of literacy, education and vocational training for the female population, and the creation in the Ministry of Culture of a higher body responsible for implementing government plans in this field in co-operation with the other ministries concerned, trade union organisations and particularly the Women's Federation. The Committee requests the Government to continue supplying information, including statistics, on the progress achieved in this respect.

2. In its previous comments, the Committee requested the Government, among other matters, to indicate the measures that have been taken in practice to ensure the effective promotion of equality of opportunity and treatment in respect of employment without any distinction on grounds of sex, and also of race, colour, religion, political opinion, ethnic extraction or social origin, in accordance with the Convention and section 25 of the national Constitution. In its reply, the Government refers once again to the legal provisions setting out equality of rights but does not indicate the measures that have been taken and the methods that are used in practice to implement the national policy to promote equality of opportunity and to eliminate any discrimination in this connection, as set out in Articles 2 and 3 of the Convention. The Committee refers in this connection to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation and hopes that the Government will be able to supply the above information in its next report, particularly as regards (a) access to vocational training, (b) access to employment and to particular occupations and (c) terms and conditions of employment. The Committee would also be grateful to be provided with information on the role and activities in this area of the advisory committees set out in section 15 of the Labour Code and the central committees and subcommittees to which reference is made in section 23 of Act No. 1 of 1985 issuing the conditions of service of workers in the employment of the State.

3. As regards the number of women employed in the public administration and in state bodies and establishments, and in enterprises covered by the Labour Code, the Committee notes the detailed statistics provided by the Government and, while noting that certain progress has been achieved as regards the participation of women in the employment market, it observes that only 12.17 per cent of workers of private sector enterprises are women, 15.54 per cent in public establishments and 24.8 per cent in the state administration. The Committee hopes that the Government will continue to endeavour to promote the participation of women in the active population and in higher categories of jobs, and that it will supply information (including statistics) on the progress achieved in this connection.

4. The Committee has examined the whole text of the model rules for public bodies issued under the Act of 1985 to issue the conditions of service of workers in the employment of the State and adopted by Decision No. 3803 of 20 November 1985. It notes with interest that under section 100 of these model rules, with the exception of certain types of arduous or dangerous work, women are subject to the same provisions and terms and conditions of employment as men and it requests the Government to indicate whether they participate equally in vocational training programmes provided by public bodies (sections 24 to 34 of the above model rules) and, if so, to indicate the rate of their participation.

5. The Committee also notes Ministerial Order No. 856/b of 1985 (a copy of which was supplied by the Government) which defines the "shameful acts", convictions for which prevent employment in the public administration or in state bodies or establishments by virtue of section 7(c) of Act No. 1 of 2 January 1985 and section 18 of the model rules for public bodies referred to above. The Committee requests the Government to supply a number of examples of the practical application of this order, particularly as regards the acts referred to in sections 287, 288, 307 and 308 of the Penal Code, to which reference is made in section 1 of the above Ministerial Order.

6. The Committee also refers to the comments that it made, along the same lines, on the subject of section 65(i) of Act No. 1 of 2 January 1985 which prohibits workers in the employment of the State, on pain of dismissal, from belonging to an association or group pursuing illegal aims, threatening the interests of the State or exposing the State to danger. The Committee requested the Government to supply information on the practical application of this provision and on the criteria that determine the illegal nature of associations or groups threatening the interests of the State. It also requested information on the rights of the persons covered by section 65(i) of the Act of 1985 to appeal to a competent body, in accordance with Article 4 of the Convention. In its reply, the Government refers to sections 65, 307 and 308 of the Penal Code (which are also referred to by the above Ministerial Order No. 856/b of 1985) which define the activities considered to be illegal under Act No. 1 of 1985. The Committee notes the Government's explanations and requests it once again to indicate which appeal procedures are available to the persons covered by the above provisions and to supply, by way of illustration, copies of administrative or judicial decisions taken concerning them.

7. The Committee also requested information on the application in practice of section 138(1) of the Act of 1985 to issue the conditions of service of workers in the employment of the State, in order to ensure that this provision, under which it is possible to issue an order to dismiss a worker without any necessity of indicating the grounds for the dismissal, could not in practice result in discrimination on the grounds of the political opinion of the person concerned. The Government indicates in its reply that dismissal by order, under the above Act, cannot take place without the worker being aware of the reasons for dismissal, which may concern the dignity of the office, the integrity of the worker or the worker's incapacity to carry out his or her functions. In this case, the person concerned is the subject of an open inquiry by the competent supervisory bodies, and it is on the basis of the outcome of this inquiry that the dismissal order is issued for which the reasons are given in the reasoned grounds for the order or in the accompanying letter addressed to the worker concerned. The Committee notes these explanations and also notes circulars Nos. 57/6-1983/15 of 29 April 1979 and 79/6-3501/15 of 3 July 1983 (copies of which were supplied by the Government) which continue to be in force and which confirm these explanations. It notes, however, that by virtue of these circulars, the workers concerned have the right to appeal to an administrative body, namely the Council of State, only in cases where dismissal is made on the grounds of incompetence and not in the event of failure to uphold the dignity of the office or the integrity of the persons concerned. The Committee requests the Government to supply details in its next report on how these provisions and the above circulars are applied in practice, and to provide copies of some of the dismissal orders that have been issued on the grounds of failure to uphold the dignity of the office or the lack of integrity of the workers concerned.

8. The Committee also hopes that the Government will be able to supply copies of the decisions of the Council of State to which it referred in its previous report.