Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. For more than ten years, the Committee has requested that the Government explicitly repeal Decrees Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976, granting broad discretionary authority to university deans to suspend employees from academic and administrative posts. Similarly, for more than ten years, the Committee has asked the Government to repeal explicitly section 55 of Legislative Decree No. 153 on the By-laws of the University of Chile. The By-laws permit the University of Chile to expel or refuse the admittance of academics, students, and officials who have been expelled from another institution of higher learning for having violated the law. The Committee has also called for the explicit repeal of section 35 of Legislative Decree No. 149 (By-laws of the University of Santiago de Chile). According to this provision, persons who participate in activities involving partisan politics aimed at disrupting the public order and have been sanctioned by the competent authority may not register in the University of Santiago de Chile, regardless of whether they have the requisite qualifications to study there. Moreover, those who participate in activities of the same nature as those indicated above will lose their status as students.

2. Throughout its reports, the Government has reiterated its position that the above-referenced decrees were implicitly repealed upon the enactment of the university regulations, Legislative Decrees Nos. 148 to 164 of 1982, which govern this matter. On this point, the Committee has had the opportunity to observe that, the texts in question, while tacitly repealed, have served as the predicate for the enactment of the Regulation of Ethical Rules for students of the University of Concepción (Decree No. 84655), adopted by virtue of the faculties conferred by, inter alia, Decree No. 139 of 1973, which forms part of the group of implicitly repealed decrees. This fact points out the need for an explicit repeal of the above-mentioned decrees, in order to avoid any uncertainty with regard to the applicability or enforceability of the challenged decrees. The Committee notes that in its last report the Government states once again that the decrees in question have been implicitly repealed. The Committee regrets that the Government has not indicated any intention to repeal explicitly this legislation containing provisions that are incompatible with the non-discrimination policy enshrined in the Convention. Under these circumstances, the Committee cannot assure itself that, as required by the Convention, no one is denied access to or excluded from universities or other institutes of higher learning, whether as a student, academic or official, on the basis of the expression of political opinion.

3. The Committee notes the information provided by the Government with regard to the application of Acts Nos. 19234 and 19350, by virtue of which anticipatory benefits were accorded to persons exonerated for political reasons between 11 September 1973 and 10 March 1990.