Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous observation, the Committee noted the Government's indications to the effect that the Constitution and the labour legislation guaranteed equal opportunity in employment for all citizens and protected workers against any discrimination in employment and occupation, whether on the basis of origin, race, colour, sex, religion or political opinion. It also noted that, according to the Government, the principles of equity and equality applied to all employment available in all regions of the country, and it asked the Government to indicate the positive measures taken to ensure effective promotion of equality of opportunity and treatment in employment, in accordance with the Convention.

The Committee notes that in its latest report the Government repeats the statements described above and adds that it is adopting a policy designed to consolidate the country's economic boom.

The Committee notes that the 1985 Constitution, section 17 of which stipulates the right to equality of opportunity in employment and prohibits all descrimination on the basis of origin, race, colour, sex, religion or political opinion, has been suspended since 1987; it points out that the labour legislation (Labour Act of 1974 and Public Service Regulations of 1975) do not contain any provision expressly prohibiting discrimination on the grounds enumerated in the Convention.

The Committee asks the Government to indicate how respect for the principle of non-discrimination is ensured in law and in practice and what measures have been taken to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, in accordance with Article 2 of the Convention. It refers to paragraph 158 of its General Survey of 1988 on Equality in Employment and Occupation, in which it indicated that this national policy should "be clearly stated, which implies that programmes for this purpose should be or should have been set up and, secondly, should be applied, presupposing State implementation of appropriate measures".

In the absence of any information to show that such a policy has been stated or that it has been applied in practice, and having regard to the suspension or vagueness of the legal texts on the subject, the Committee again asks the Government to supply full and precise information on the measures taken or contemplated at the national, regional and local levels to promote equality of opportunity and treatment and to eliminate all discrimination in employment on the basis of race, colour, sex, religion, political opinion or ethnic or social origin. In particular, the Committee asks the Government to indicate the measures taken to implement that policy in respect of employment under the direct control of a national authority, in accordance with Article 3(d) of the Convention and to ensure equality in access to vocational training, access to employment and to the various occupations, and conditions of employment.