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

The Committee takes note of the Government's report.

1. With reference to its previous comments, the Committee notes with satisfaction Act No. 42/1988 of 27 October 1988 setting forth the Preliminary Title and Book One of the Civil Code, section 458 of which repeals former section 122 (authorisation of the husband for all acts for which she contracts to provide a personal service) which was the subject of the Committee's comments.

2. The Committee notes that the Government's report does not reply to the other questions raised in its previous comments which read as follows:

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report, the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.

The Committee is also raising certain points in a request addressed directly to the Government.

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.