Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In previous comments, the Committee has referred to section 34 of Act No. 200 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to public order or to the democratic system established by the national Constitution. The Committee notes the information provided by the Government in its report, concerning the practical application of section 34 of Act No. 200, to the effect that if public employees engage in activities contrary to public order they may be removed from their posts and barred from holding public office for a period of from two to five years (section 49.5 of Act No. 200). The Committee recalls that provisions restricting the political activities of public employees may have the effect of excluding from the scope of constitutional and legal protection against discrimination with regard to employment, persons who express or manifest certain opinions or political ideas which are contrary to the opinions of the established authorities. It is therefore important to ascertain whether, in practice, the above provisions lead to discrimination on the basis of political opinion for the categories of workers concerned. The Committee, in order to be able to ascertain the effect given to the Convention, hopes that the new Government will provide a copy of any sentences handed down or decisions made by virtue of sections 34 and 49.5 of Act No. 200, and will supply any further information that may enable it to ascertain the scope of the provision contained in section 34 of Act No. 200. 2. The Committee hopes that the next report will contain information on the above questions, in view of the repeal, in 1989, of Act No. 294 and the statement contained in the last report, to the effect that the national government fully guarantees freedom of opinion for all sectors of the population. 3. The Committee refers to its direct request of 1989 concerning a draft amendment to the Penal Code (members of certain organizations liable to dismissal and disqualification from public or municipal service on the police force). It requests the Government, in its next report, to indicate the present status of the above draft and to provide, if appropriate, the text of the provisions adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.