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

The Committee notes the information supplied in the Government's report. Aware of the situation in the country, the Committee nevertheless notes that the Government has not replied directly to the questions which it raised in its previous comments. However, certain of these points are covered in the examination made by the Government of its application of the Convention.

1. In its previous comments, the Committee had referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria the issuance by the communal authority to candidates of a certificate of good conduct, living and morals and loyalty to the authorities and national institutions. The Committee notes that the Government recalls the provisions of the above-mentioned Legislative Decree and indicates that there are no legislative or regulatory provisions that define the criteria on the basis of which the communal authority can base a refusal or a grant of these certificates. The Government recognizes that this lacuna could give rise to irregularities and points out that the new authorities in the country can find a solution in conformity with the Convention. With this in mind, a draft of new public service regulations has been prepared and is being examined by the Government. The Committee asks the Government to transmit, with its next report, information on the measures taken to bring its legislation and practice into conformity with the Convention, and on progress made towards the adoption of the new public service regulations which would amend section 5 of the above-mentioned Legislative Decree. The Committee again draws the Government's attention to the fact that, if by virtue of Article 1, paragraph 2, of the Convention, it is permissable to take account of political opinion for certain high-level posts directly involved in the implementation of government policy, the same does not apply when criteria relating to political opinion are applied to all public employment or certain other occupations.

2. Referring to its previous comments on the refusal of communal authorities to issue certificates of good conduct, living and morals, required by the labour administration of persons seeking employment who are suspected of activities prejudicial to the security of the State, without appropriate legislative or regulatory bases, the Committee hopes that the next report will indicate the measures taken and the results obtained in ensuring that no one can only be refused employment for reasons linked to the security of the State within the limits of Articles 1, paragraph 2, and 4, of the Convention and subject to the right of appeal in Article 4. Please refer in this connection to paragraphs 134 to 138 and 104 of the Committee's 1988 General Survey on equality in employment and occupation.

3. The Committee is addressing a request directly to the Government on other points.