Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes with interest from the Government's report the following legislative changes: the entry into force on 14 February 1991 of the new Labour Act and on 1 August 1992 of the new Education Act which repeals Order No. 119 of 1974 approving the regulations on higher educational establishments, as well as the new Constitution of 17 January 1991.

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that article 14 of the new Constitution contains a general ban on discrimination on the bases of, inter alia, ethnic origin, race, sex, social origin, religion and conviction (article 16(10) and (16) making it clear that freedom of political opinion exists), and that section 6 of the new Labour Act prohibits any direct or indirect discrimination in labour relations on the grounds of, inter alia, social status, race, sex, religious belief, political convictions and nationality. The Committee understands from the translation it has that the legislation does not appear to cover the grounds of "colour" or of "national extraction". It would be grateful if the Government would indicate whether this reading is correct. It recalls, in this connection, paragraph 58 of its 1988 General Survey on Equality in Employment and Opportunity where it emphasized that where general provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. Discrimination based on sex. The Committee notes that sections 77 (the Government is to adopt a list of jobs which women are prohibited from performing), 79(1) (ban on night shifts, overtime and business trips for women having children under one year of age and for single fathers) and 87 (ban on women carrying or moving loads of a weight exceeding the established standards to be adopted by the state authority responsible for labour matters) of the Labour Act might create obstacles to women's access to certain employment and might discriminate against them by applying more onerous conditions of work to their employment. Referring to paragraph 142 of its above-mentioned 1988 General Survey, the Committee requests the Government to supply in its next report a copy of the list of work banned for women and to indicate the jobs affected in practice by the ban on lifting certain weights, as well as to indicate any measures taken or under consideration to render section 79(1) more flexible.

The Committee also notes that section 83 of the Labour Act allows a woman worker, if she so wishes after the expiry of postnatal leave and annual leave, special additional leave until her baby reaches two years of age (or three in the case of twins). Noting that many of the other benefits under Chapter VIII of the Labour Act also apply to single fathers, and noting paragraph 145 of the above-mentioned 1988 General Survey which encourages the granting to men as well of certain advantages afforded to women workers to raise or care for children, the Committee requests the Government to provide information in its next report on the measures taken or under consideration to promote equality of treatment between men and women as regards this aspect of employment conditions.

3. Article 2. Noting the Government's statement that the new Labour Act's provisions ensure equality of opportunity and treatment without discrimination and have "secured results with regard to access to vocational training, as well as access to employment and to particular occupations", the Committee asks the Government to supply details and statistics in its next report on the practical results achieved in applying the national policy to promote equality of opportunity and treatment. In particular, the Committee would appreciate receiving an indication of any complaints dealt with under the enforcement procedures under the Act, as well as copies of any government statements or court rulings etc. relating to the implementation of this policy.

4. Articles 1, paragraph 3, and 3(b) and (f). The Committee notes the basic principles of education - including non-discrimination - laid down in section 3 of the new Education Act, and the right of citizens to be assisted in their search for employment set out in section 4. It asks the Government to supply in its next report details on programmes and activities in the fields of education, vocational training and assistance in accessing jobs, showing that they are designed and implemented without discrimination on the grounds prohibited by the Convention. In particular, the Committee would appreciate receiving information on the education and vocational training provided in their mother tongue to ethnic groups in the country in accordance with section 3(6).

The Committee also requests the Government to indicate whether the new Education Act rescinds Order No. 615/1975 concerning the certification of specialists in various sectors, and any orders made thereunder concerning the procedure for admission to higher educational establishments, which had been the subject of earlier queries by this Committee.

5. Article 4. The Committee asks the Government to confirm that, in the light of article 16(12) and (14) of the new Constitution (right to petition state authorities and right to use the judiciary with due process), any person against whom action has been taken on the grounds that he/she was actually involved in an activity prejudicial to the security of the State has the right to appeal in accordance with the Convention.

6. Article 5, paragraph 2. In the light of the new legislation, the Committee requests the Government to indicate whether any determinations have been made under this provision of the Convention, and, if so, to give particulars thereof.