Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the information contained in the Government's report. It requests the Government to provide information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that although the grounds of "national extraction" and "social origin" are not expressly included in the Constitution and the Labour Code as grounds upon which discrimination is prohibited, no discrimination on such grounds could take place. The Committee requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited. In the meantime, it requests the Government to continue to indicate the manner in which workers are protected from discrimination for such reasons in practice.

2. The Committee notes from the Government's report that no measures have been taken to ensure that non-nationals are protected against discrimination in accordance with the provisions of the Convention. As the Committee previously pointed out, the Convention covers both nationals and non-nations in respect of prohibiting discrimination in employment and occupation on the grounds set out in Article 1, paragraph 1. It therefore requests the Government to consider taking measures to ensure application of the Convention to non-nationals as well as nationals.

3. Noting from the Government's report that there is no legal provision governing the principle of non-discrimination for established employees of the Government, members of the armed forces, the police force or persons holding diplomatic status, as they are exempted from the provisions of the Labour Code pursuant to section A6(1) and (2), the Committee requests the Government to indicate the measures it intends to take to ensure that these categories of workers are protected against discrimination in their employment. It also requests the Government to provide copies of any relevant regulations or personnel policies covering such employees, as well as statistics on the number of employees contained in the above listed categories.

4. Article 3(a). The Committee would be grateful if the Government would continue to keep it informed in future reports of any action taken by the national tripartite committee, to which the Government refers in its report, or by the National Labour Board on developments in legislation or national policy on matters relating to discrimination and the promotion of equality.

5. Article 3(e). Please provide information on how observance of the principle of non-discrimination on all the grounds set out in the Convention is assured by the Government in relation to vocational guidance and training, and placement services.

6. Article 4. Referring to article 14(5) of the Constitution, the Committee once again requests the Government to indicate the procedural safeguards which exist to guarantee a person the right of appeal based on the application of this provision. It would also be grateful if the Government would provide information on the manner in which this article has been applied in practice.

7. Article 5. The Committee requests the Government to provide information describing the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to article 14(4)(c) of the Constitution.

8. Practical application. The Committee requests the Government to provide information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in vocational guidance, access to vocational training, placement services, access to employment and particular occupations, terms and conditions of employment and security of employment.