Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the Government's reports received in March 1988 and June 1989 and the information supplied in reply to its previous comments, and requests the Government to also refer to the observation made at the present session.

1. In its previous comments, the Committee noted that section 153, paragraph 1, of the General Labour Act of 1981 establishes the principle of equal rights for women and that this equality is achieved by the integration of women in the work process and their participation in the management of the economy. The Committee noted with interest that paragraph 2 of that section makes it compulsory for state bodies and the management of enterprises to take the necessary measures to facilitate greater integration of women in these fields and it requested the Government to supply information on the measures that had been taken in practice to put these provisions into effect.

In its last report, the Government indicates that the regulations to give full effect to the Act have yet to be adopted, but that the spirit of the Convention is respected in practice. The Committee notes this information and requests the Government to communicate the texts of any regulations made under the Act and to indicate whether other positive measures have also been taken, in accordance with the Convention and the national policy intended to encourage the integration of women into the work process, to promote the access of women to vocational guidance and training (particularly within the framework of Decree No. 110/83 establishing the vocational training strategy) and consequently to increase their participation in the employment market. In this respect, the Committee noted the statistics supplied with the Government's reports on the distribution of the male and female workforce per economic activity and would be grateful if the Government would also provide statistical data on the number and percentage of women employed in the public administration, or occupying positions of responsibility.

2. The Committee notes that the list of the activities prohibited to women, provided for in section 154, paragraph 2, of the General Labour Act, has not yet been adopted. It requests the Government to transmit a copy of this list upon its adoption.

3. The Committee notes that the Bill respecting the new national employment scheme, to which the Government referred in its previous reports, has been superseded by the Economic and Financial Recovery Programme put into effect in 1988. The Committee hopes that one of the objectives of the Programme will be to promote equality of opportunity and treatment and to eliminate in this respect any distinction, exclusion or preference based on all the grounds set out in Article 1(a) of the Convention. The Committee requests the Government to supply a copy of the Programme with its next report.

4. In its previous comments, the Committee observed that section 2 of the General Labour Act, in accordance with which every citizen, irrespective of race, colour, sex, religion or ethnic origin, has the right to work, makes no reference to social origin or political opinion which are mentioned explicitly in Article 1(a) of the Convention. The Committee also noted that, although "social condition" is included among the grounds that shall not hinder equal rights in accordance with section 18 of the Constitutional Act of 1975, this is not the case as regards political opinion. The Committee also referred to section 14 of the General Labour Act (which provides that the employment relationship is established by a contract of employment or by nomination), to Act No. 2/83 of 25 March 1983 (respecting the disciplinary conditions applying to nominated workers), and to Decree No. 94/83 of 7 June 1983 as amended by Decree No. 15/86 of 4 August 1986 (respecting the positions that shall be filled by nomination). It asked the Government to indicate the measures taken or under consideration to ensure that under these provisions, workers were not subjected to any discrimination based on political opinion which could have the effect of nullifying or impairing equality of opportunity or treatment in respect of their employment.

In reply to the Committee's comments, the Government indicates in its latest report that the Committee's concerns are to be met by legislation concerning the "Rules applicable in the public service", which is being drafted, and the "Rules applicable to the manager", which is already in force (and which provides that technical competence should be the decisive criterion), as well as by the "Clemency Act" and the "Amnesty Act" which are instruments offering the protection of the law against any kind of discrimination. The Committee has examined the provisions of the Clemency Act (Resolution No. 2/88 of 27 February 1988) commmunicated with the report and would be grateful if the Government would supply detailed information on the practical effect of the Act with respect to the fields covered by the Convention. It also hopes that the Government will do everything possible to include in the national legislation explicit provisions prohibiting discrimination on the grounds of political opinion, in conformity with the Convention. The Committee requests the Government to include in its next report the texts of the "Rules applicable in the public service" and of the "Rules applicable to the manager".

5. The Committee notes from the Government's report that a general reform of education is being carried out in the country, and that the texts it referred to in its previous comments are no longer being applied (Decree No. 5/82 to approve the regulations governing Angolans holding fellowships abroad, resolution 6/83 to prescribe the urgent measures to be taken in the sector of education and teaching, and Decree No. 110/83 mentioned above). The Committee hopes that the Government, in carrying out the education reform, will have no difficulty in taking the necessary steps to eliminate any discrimination based on the grounds enumerated in Article 1(a) of the Convention, including political opinion, in respect of access to education and vocational training, which are of fundamental importance to the achievement of equality of opportunity in respect of employment and occupation. It requests the Government to continue to provide information on the progress achieved in the education reform.

In addition, it requests the Government to clarify the meaning of the phrase "good social behaviour", which is mentioned as one of the criteria of priority in section 1 of Decree No. 18/86 of 15 September 1986 for access to levels II and III of the basic education.