Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes that the Government will take into account the 1988 General Survey on Equality in Employment and Occupation, paragraphs 54 et seq. and that it will reply in its future reports to the question of completing the provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination. It once again requests the Government to supply information in its next report on the measures taken to complete the relevant provisions of the Constitution with a view to bringing the legislation into conformity with Article 1, paragraph 1(a), of the Convention.

2. The Committee notes the Government's statement that, by virtue of section 203 of the Constitution, which came into force on 30 November 1990, any previous legislation which is not contrary to the Constitution remains in force until it is amended or repealed. This means that sections 41(2)(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants (which sets out requirements of a political and revolutionary nature as a condition of access to and continuation in certain categories of the public service and managerial functions in the state administration) are not applicable since they are contrary to the spirit and the letter of the new Constitution.

The Committee therefore once again requests the Government to indicate in its next report the measures which have been taken to repeal, in conformity with Article 3(c) of the Convention, the above provisions of the general conditions of service of public servants and to restrict requirements concerning political or revolutionary commitment to higher posts in the public administration which directly involve implementing government policy. It also requests the Government to indicate the measures which have been taken to amend section 2 of the Order of the Secretary of State for Labour of 21 May 1982 so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service.

3. The Committee notes that the Government undertakes to supply in future reports statistical data and other information on the development of the situation of women with regard to access to education, vocational guidance and training, and employment in the various sectors of activity and to managerial posts, and in particular statistics on the employment of women in the public service. With reference to its previous comments, the Committee once again requests the Government to supply full information on the positive practical measures which have been taken to improve the situation of women in the above fields.