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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the new Constitution, adopted on 12 December 1993, in article 19, guarantees equality of rights and liberties irrespective of sex, race, nationality, language, origin, property or employment, residence, attitude to religion, convictions, membership of public associations or any other circumstance. The Committee also notes the Government's statement that the term "political opinion", one of the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, is covered by the terms "convictions" and "membership of public associations" found in the Constitution. The Committee would ask the Government to clarify that "convictions" covers this ground since "membership of public associations" might not ensure sufficient protection, by not covering persons who, although they may not belong to a certain public association, nevertheless hold and/or express political opinions. Appropriate additions to the new draft Labour Code would make it clear that all the grounds of the Convention are covered. 2. The Committee would appreciate receiving information on progress in the adoption of the new draft Labour Code, on which the Office's technical assistance was provided in 1993. 3. The Committee recalls that in its previous observation it noted that section 5 of the Act on Employment, amended in July 1992, provides that the national policy on employment shall ensure equality of opportunity and treatment in employment to all citizens irrespective of nationality, sex, age, social status, political convictions and religious attitudes. The Committee notes that the new draft Labour Code mentioned above is worded in a similar manner. Recalling that Article 1, paragraph 1(a), of the Convention also prohibits discrimination on the basis of race and colour, the Committee repeats its request to the Government to provide information on the measures taken to ensure the promotion of equal opportunity and treatment in employment for persons belonging to different racial groups. 4. The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.