Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee refers to its observation on the Convention.

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised.

(i) The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government with its report. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.