Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee takes note of the information contained in the Government's report in reply to its previous comments.

1. Application of the Convention in the national public service. For many years the Committee has been making comments on the possibility under the legislation of discriminatory measures - particularly on grounds of political opinion - liable to be used in appointments to the public service. The Committee recalls that by virtue of Decrees No. 2400 of 1968, amended by Act No. 61 of 1987, and No. 1950 of 1973, the power of free appointment and dismissal applies to many posts (for example, employees of the General Directorates of Customs and Taxes, public employees of State-run industrial and commercial establishments and part-time posts) and that this could lead to decisions being taken in an arbitrary manner, contrary to the Convention. The Committee notes with interest that the new Constitution of 1991 provides, in its article 13, that there can be no discrimination against workers on the grounds of sex, race, national or family origin, language, religion and political opinion or philosophy and requires, in its article 53, that the labour legislation which is to be adopted shall take into account certain fundamental principles, including equality of opportunity for workers. It also notes with interest article 125, paragraph 5, of the Constitution according to which political affiliation can in no way count in appointment to, advancement in or dismissal from the career public service. The Committee nevertheless notes that Act No. 61 of 1987 remains in force and that a large number of posts are therefore still excluded from the career public service and subject to free appointment and dismissal. It accordingly asks the Government to take measures to ensure that those posts subject to free appointment are limited to those higher posts involving special responsibility for the execution of government policy, as allowed by Article 1, paragraph 2, of the Convention, and to inform the Committee of any progress made in this respect.

In addition, the Committee notes that under section 1, paragraph 3, of Act No. 61 of 1987, the Government was to set rules concerning the selection, promotion and termination of employees of the General Directorates of Customs and Taxes which are excluded from the career public service. It requests the Government to supply copies of any texts which may have been adopted.

2. Application of the Convention at other levels of the public service. In previous comments, the Committee had noted, and the Government had acknowledged, that there had been cases of discrimination based on political opinion at the regional level of the public service. The Committee notes that under article 125, paragraph 1, of the 1991 Constitution "employment in State bodies and entities shall be career posts". It notes with interest the Government's statement that this means that the career public service has been opened up to extend to employment at the departmental and municipal levels, thus restricting the power of free appointment and dismissal available at those levels, and that the number of posts that could be listed as career posts has been increased. The Committee would be grateful if the Government would communicate with its next report copies of the laws or regulations which regulate the career public service at the departmental and municipal levels.

3. Discrimination on grounds of sex. In relation to the comments made by the Workers' Central Organization (CUT) in 1989 concerning practices which are discriminatory on grounds of sex, such as negative pregnancy testing before employing a woman, lower wages for women and absence of protection against sexual harassment, the Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is to issue a resolution expressly banning the requirement of a pregnancy test for obtaining employment and that it will send to labour inspectors a circular requiring them to make sure that there is no discrimination based on sex or sexual harassment. The Committee hopes that this resolution and the circular will be issued in the near future and requests the Government to furnish copies of them once they are adopted.

The Committee again expresses the hope that the Government will provide information on the practical effect given to Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination against women in employment and provides for measures of inspection and supervision in relation to education and training.