Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With regard to its previous request for the text of the 1959 Legislative Decree prohibiting public officials from engaging in politics and from joining political parties, the Committee notes with interest from the Government's report that the Decree concerning the Civil Service Regulations has been amended by Act No. 144 of 6 May 1992 so as to authorize implicitly civil servants to join political or politically oriented religious parties and associations, provided that they refrain totally from undertaking any task or responsibility in the framework of such bodies to which they adhere (article 14(5) of the Regulations). The Committee also notes the information and texts supplied by the Government concerning appeals procedures relevant to Article 4 of the Convention.

1. The Committee also notes with interest the Government's statement that the commission responsible for updating the Labour Code has taken into account the provisions of ratified Conventions and is in the process of finalizing this revision. The Committee asks the Government to inform it, in its next report, of progress in the adoption of the revised Code, and to supply a copy of the new Code's provisions on equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, once adopted.

2. With regard to the Committee's request for information on the manner in which labour arbitration councils and legal and administrative committees handle equality issues in employment cases as part the measures to apply Article 3 of the Convention, the Committee notes the Government's statement that the labour courts, labour councils and other competent authorities deal with violations of the law in this domain in accordance with the legal texts which prohibit discrimination in employment. However, as previously noted by the Committee, apart from article 7 of the Constitution, there appeared to be no specific prohibition of discrimination in employment in the law. Now that the Government has confirmed that the revision of the Labour Code intends to give effect to ratified Conventions, including this Convention, the Committee trusts that the next Government report will be able to provide details of the actual operation of enforcement and supervisory bodies regarding complaints concerning equal access to training, to employment and terms and conditions of employment on all the grounds listed in the Convention.

3. With regard to article 95 of the Constitution which was amended by the Constitutional Act of 1990 in order to abolish the rule of equal representation of religious faiths in the civil service, except for certain high-level positions, the Committee notes the Government's statement that it is trying to apply the amended provision. The Committee would appreciate receiving, in the next report, statistical data showing the distribution of civil service posts by religion so that it can assess the implementation of the amended provision in practice. In this connection, it notes the Government's explanation of the role and activities of the National Employment Agency, which is currently being reorganized. The Committee asks the Government to supply information on the application of the principle of equal access to training and to employment in the private sector by the Agency, as well as any role it may play in securing candidates for public sector jobs without discrimination.