Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the new Constitution adopted in 1989 and notes with interest that under article 28 all citizens are equal before the law "without any distinction as to birth, race, sex, opinion or any other personal or social conditions or circumstances" and that, under article 30, "the purpose of the institutions is to ensure equal rights and duties for all citizens, both men and women", and that article 35 also establishes freedom of conscience and opinion. However, the Committee observes that, although freedom of opinion is set forth in the Constitution, religion is not included among the grounds on which discrimination is prohibited.

In this connection, the Committee also refers to its previous observations in which it pointed out that sections 8 and 25 of Act No. 82-06 of 1982 respecting individual employment relationships (which set out the grounds on which discrimination is prohibited) do not mention "religion" and "political opinion" which are explicitly referred to in Article 1, paragraph 1(a), of the Convention, and that under certain other provisions of the national legislation (Decree No. 85-59 of 1985 to establish model conditions of service of workers in public institutions and administrations and Act No. 78-12 of 1978 to establish the general conditions of employment of workers) workers must undertake to serve the Party and State and must lend their assistance to actions undertaken by the country's political leadership or bear in mind its guide-lines or directives. The Committee noted the Government's statements that, in practice, religion or political opinion were not in practice grounds of discrimination in employment and expressed the hope that measures would be taken to ensure that this practice was reflected in the legislation.

In its most recent report, the Government repeats these statements and also indicates that the Committee's comments have been submitted to the national services responsible for drafting labour laws and regulations so that they may refer to them when drafting the new texts which will be called for by the constitutional, political and social reforms proposed by the country's political leadership. The Committee notes this information with interest and hopes that, in view of the provisions of the Constitution, positive steps will be taken to ensure that all the grounds of discrimination set out in the Convention are fully covered in the new laws and regulations on employment to be drawn up as part of these reforms. The Committee asks the Government to indicate any progress made to this end.

2. With reference to its comments on the right of women to education and vocational training, recognised by the National Charter of 9 February 1986 and confirmed in the new Constitution, the Committee notes with interest from the information contained in the Government's report that new women's training centres have been established and that training is gradually being extended to new specialisations and careers geared to economic development. The Committee asks the Government to continue to provide information on any developments in this respect, particularly on the practical measures taken to implement the above-mentioned provisions of the Constitution.