Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. The Committee regrets to note once again that the Government’s report does not contain information on the issue raised in its previous request concerning the possibility for workers in the public sector to make allegations of discrimination on grounds of colour, national extraction or social origin in the context of the appeal procedure set out in section 14(2) of Supreme Decision No. 217064 of 23 May 1997 issuing basic rules for the personnel administration system in the public sector. The Committee reminds the Government that section 2(d) of the above Decision does not include the grounds of discrimination referred to above. The Committee urges the Government to provide the information requested in its next report, together with copies of administrative or judicial rulings on this matter.

2. In its previous comments, the Committee indicated to the Government the need to include "national extraction" as a ground upon which discrimination is prohibited. The Committee reminded the Government that the concept of national extraction does not refer to the distinctions that may be made between the citizens of one country and those of another, but to distinctions between the citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. Thus, discrimination based on national extraction means discrimination which may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State. The Committee requests the Government to take the above comments into account when amending its labour legislation.

3. The Committee notes the information provided by the Government in its report indicating that, due to the change of Government, the Bill prepared by the President of the Human Rights Committee of the Chamber of Deputies penalizing discrimination was not examined by the Congress. The Committee requests the Government to provide information in its next report of the adoption of measures to protect the population against acts of discrimination.

4. With reference to its comment in point 3 of its previous direct request, the Committee once again hopes that the Government will adopt measures to ensure equality of access to vocational training, particularly for persons who live far from the central areas and who do not have the necessary means.

5. The Committee notes the Government’s indication in its report of the existence of a draft Decree to establish a tripartite Advisory Labour Council which would be responsible for discussing and proposing social policies to achieve the economic and social development of the country in a framework of dialogue and concerted action. The Committee requests the Government to provide information in its next report of any progress made in relation to this important matter. The Committee also hopes that, once established, the Advisory Labour Council will take action to promote and ensure the application of the Convention.