Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes that, according to the Government, it is taking the necessary measures to ensure compliance with the provisions of the Convention and in accordance to the indications given by the Committee of Experts regarding the national policy aimed at promoting equality of opportunity and treatment in employment and occupation as required under Article 2 of the Convention.

1. Discrimination on the ground of political opinion. The Committee notes from the Government's report that the provisions of the 1992 Constitution are supreme, prevail over any other legal texts, and (in article 88) ban any discrimination on, inter alia, political preferences. However, recalling that section 34 of the Public Employees' Statute (Act No. 200 of 17 July 1970) which states that no public official may engage in activities contrary to public order or to the democratic system established by the national Constitution might permit discrimination on the basis of political opinion contrary to Article 1, paragraph 1(a), of the Convention, the Committee urges the Government to take the necessary measures to repeal explicitly Act No. 200 in law as in practice, and to keep it informed of any steps taken in this regard. In this context, the Committee notes that Parliament is studying two bills, one relating to public officials and another for a new Penal Code. The Committee therefore asks the Government to provide information in the next report on the adoption of these bills, including clarification on whether the proposed new special public service law will amend the provision of the present one regarding political activity.

2. Noting the Government's reliance on legislative and constitutional provisions prohibiting discrimination on the ground of, inter alia, political opinion, in reply to its previous comments, the Committee requests the Government to provide information on specific measures taken or contemplated to guarantee effectively freedom of political opinion to all categories of workers in actual practice, and to protect them against discrimination in employment based on this ground.