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

1. With reference to its previous comments concerning discrimination in employment on the basis of political opinion, the Committee notes with interest the adoption of the new Constitution (Act No. 6 of 1991), which no longer makes provision for a one-party system and does not reserve certain high public offices to members of the recognized party. The Committee also notes with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex.

2. With reference to its previous observations concerning the lack of a national policy to promote equality of treatment in employment and occupation and in terms and conditions of employment, the Committee notes the Government's statement in its latest report that there have been no changes in the implementation of the Convention. Recalling Article 2 of the Convention, the Committee stresses again that the application of the Convention requires the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity. In the light of article 8(3) of the new Constitution, the Committee requests the Government to supply information on the points to be covered by such a policy in connection with the principle of equality of opportunity in employment and occupation and in education, which are again considered in more detail in a request addressed directly to the Government.

Recalling that the Government intended to seek the views of the Tripartite Joint Consultative Committee, as soon as it convened, regarding possible ways to promote the aims of the Convention, the Committee notes from the Government's report that this matter remains before the Tripartite Joint Consultative Committee and that the Government will provide information on any changes in the situation. The Committee again expresses the hope that the Government will provide full information in the near future on the pertinent issues raised in the direct request which, it trusts, has been brought to the attention of the Consultative Committee.