Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the communication sent by the National Federation of Public Employee Organizations (FENASEP) dated 17 April 2007, which was forwarded to the Government on 24 May 2007. The Committee notes that the communication from FENASEP refers to cases of discrimination based on pregnancy. The Committee also notes the Government’s reply to this communication received on 20 November 2007.

1. Discrimination on political grounds. In its previous comments, the Committee noted a communication from FENASEP in 2001, to the effect that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. The Committee notes that, according to the Government’s report, as a result of the mass dismissals, 444 public officials lodged appeals against their dismissals. It also notes the 33 decisions of the Administrative Service Appeals and Conciliation Board forwarded by the Government. The Committee notes in particular that, according to the report, many of the officials have been reinstated in their posts or appointed to other state institutions and others are gradually being reintegrated as a result of the work of the bipartite commission established for this purpose by the Ministry of Labour (MITRADEL) and FENASEP. The Committee hopes that the bipartite commission will continue its efforts to find appropriate solutions in the cases of the remaining workers who were dismissed and requests the Government to provide information in this respect.

2. Legislation. Administrative service. The Committee notes that, according to the Government, the previous administration suspended the administrative service. The Government states that it reinstated the administrative service to integrate public officials in the system in order to protect the public service from the pressures of party politics and provide employment stability. The Committee requests the Government to provide more detailed information on how the administrative service ensures the stability of employment of public officials and their protection against discrimination on political grounds. Please also provide the information on other measures taken to fully guarantee protection against political discrimination in the public sector.

3. Gender-based discrimination. In its 2006 observation, the Committee examined the communication from FENASEP dated 7 October 2005 and sent to the Government on 19 January 2006. The communication referred to the dismissal of two pregnant women on temporary contracts employed in the public sector and the failure to renew their contract. In its previous observation, the Committee asked the Government to take the necessary steps to prevent discrimination on the ground of pregnancy. The Committee notes the communication from FENASEP received this year, which claims that the Government has not taken any steps to protect workers from discrimination based on pregnancy and, indeed, cases have continued to occur in which the contracts of pregnant women are not renewed. The Committee also notes that in reply to FENASEP’s communication, the Government provides information on a case by case basis regarding progress made in resolving these matters. While noting the positive steps taken by the Government to resolve the individual cases, given the recurrence of such cases, the Committee continues to consider that as part of its policy on equality, measures are needed to ensure that women on temporary contracts are not placed in situations where they are vulnerable to discrimination because of pregnancy and asks the Government to keep it informed of progress made in this regard. The Committee asks the Government to supply information on the legislation and measures adopted or planned to prevent discrimination based on pregnancy.

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