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

The Committee notes the information supplied by the Government in its report.

1. It notes that, according to the Preamble to the National Constitution, all human beings, without any distinction as to race, religion, sex or creed have inalienable and sacred rights, including the right to work and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned elsewhere in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1974), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.

The Committee therefore asks the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.

2. The Committee notes that the Government's report does not reply to the specific questions in the report form concerning the application of the Articles of the Convention in general, and Article 3 in particular. It asks the Government in its next report to provide the detailed information requested in the report form under Article 3.

3. The Committee notes the information supplied by the Government concerning the lack of any legislative or administrative measures affecting the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention). Please indicate whether there are any instances in which an employee, in the public or the private sector, may be dismissed or transferred from a particular job - even if there has been no criminal investigation - because he is suspected of activities prejudicial to the security of the State. If there are such instances, please indicate the procedure to be followed and the available appeal procedures. Please provide copies of the relevant sections of the criminal law punishing the activities of this nature mentioned in the report.