Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption of the Constitution of 10 March 1987.

1. The Committee notes that under article 12(2) of the Constitution certain public services are reserved by the Constitution and the law for Haitian nationals of Haitian extraction. The Committee asks the Government to provide information on such services and to forward the texts of the relevant provisions of the law. It also asks the Government to supply the most recent texts governing recruitment in the public service.

2. The Committee asked the Government to provide information on the measures taken to give effect to the provisions of the Constitution which place on the State the obligation to guarantee equal access to education. It notes the indications contained in the Government's report to the effect that, owing to economic constraints, education for all can only be envisaged as a prospect for the future. It also notes that articles 32 and 32(1) to 32(7) of the Constitution place on the State the obligation to ensure the provision of schooling, and guarantee equal access to higher education. The Committee has pointed out in paragraphs 77 and 78 of its 1988 General Survey on Equality in Employment and Occupation that training is of paramount importance in that it determines the actual possibilities of gaining access to employment and occupations, and that this term should not be interpreted in a narrow sense. The Committee asks the Government to indicate the measures adopted or under consideration to give effect to the provisions of the Constitution and to report on progress made in ensuring equal access to education and training.

3. The Committee noted previously that section 3 of the Labour Code brought up to date in 1984 abolishes all discrimination and in particular any that might derive from the intellectual or manual nature of the work, the manner in which it is paid and the sex of the worker, and that section 50 of the Code declares any breach of a contract of employment which is motivated by the employees' opinions, trade union or religious activities, membership in an authorised social, literary, political, artistic or sports association, to be an abuse. The Committee asked the Government to indicate the measures taken to ensure the application of the principle of non-discrimination in access to employment. The Committee notes the Government's statement that no cases of discrimination have yet been recorded, but studies will be envisaged should any such cases arise. The Committee asks the Government to provide information on the application, in practice, of the above-mentioned sections of the Labour Code, including any judicial decisions. It also asks the Government to indicate the measures taken or contemplated to guarantee equality of opportunity and treatment in access to employment and occupation.

4. The Committee notes with interest that, by virtue of article 35(2) of the Constitution, the State guarantees equality of working and wage conditions to workers, irrespective of sex, creed, opinion and marital status. It asks the Government to provide information on the measures taken or under consideration to give effect to this section of the Constitution.

5. With reference to its previous request, the Committee again asks the Government to provide information on the activities of the Women's Branch attached to the Directorate General of Labour and Manpower, on the programmes prepared by this Branch to promote the application of equality of opportunity and treatment in respect of women, and to provide full information, including studies and statistics relating to the situation of women in respect of vocational training, access to employment and conditions of employment.

6. With reference to point 5 of its previous request, the Committee notes that the provisions of the Penal Code forwarded by the Government are not relevant to its request. It therefore once again asks the Government to provide copies of any laws or regulations concerning violations of national security.