Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

1. The Committee takes note with satisfaction of Act No. 32592 of 3 August 1988 concerning discrimination, establishing sanctions for discriminatory acts or omissions on grounds such as race, religion, nationality, ideology, political opinion or trade union leanings, sex, economic or social status, or physical characteristics.

2. In earlier comments, the Committee has been referring to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind.

The Committee notes with interest that, according to the Government's report, the sections of Act No. 22140 which have been the subject of past comments are to be considered as having been tacitly repealed by virtue of the adoption of the Act concerning discrimination. The Government also indicates that the Public Education Secretariat is in the process of conducting an analytical study of the regime approved by Act No. 22140.

The Committee hopes that, to avoid all uncertainty as to the application of sections 8(g) and 33(g) of Act No. 22140, these sections will be explicitly repealed and that the Government will provide information on the measures taken to this end.