Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the detailed information provided by the Government in its report and attached documentation. It also notes the explanations provided in the report concerning the restrictions on women working in particular occupations and at night. It requests the Government to provide copies of the legislation regulating safety at work, which is currently being drafted.

1. The Committee notes the Government's statement in response to the Committee's previous direct request concerning the omission of the ground of "colour" from the grounds on which discrimination is prohibited in employment and occupation in article 14 of the Constitution. The Government gives its full assurance that, in practice, there is no discrimination on the ground of colour, which would be an unconstitutional act. The Government adds that although article 14 does not specify "colour" among the grounds of discrimination, its provisions are open-ended and the phrase "or whatever other personal circumstance" would also cover this ground. In addition, the Government states that discrimination on the basis of colour is not a practical fact in the country. The Committee hopes that the Government will continue to provide information on the practical application of all of the grounds of the Convention.

2. In its previous request, the Committee asked the Government to provide the rationale for prohibiting members of the armed forces and the police from joining any political party. The Government states that this Constitutional limitation is to avoid any possibility of direct politicization of the army. The Committee notes the terms of the Defence Act, 1994, which regulates this question and requests the Government to provide copies of the legislation being prepared to regulate this question with regard to the police. Noting that political suitability is not a condition for holding any other job (in terms of article 49 of the Constitution), the Committee requests the Government to provide information on any complaints, judicial or administrative decisions made in connection with this matter.

3. The Committee notes the Government's statement that, apart from the Constitution, no special measures have been taken to pursue a national policy on the grounds of the Convention, as required by Article 3 of the Convention. The Government adds, however, that some action is taken to benefit particular categories of workers, such as disabled workers and young workers seeking their first jobs. The Committee also notes from the National Report for the Fourth World Conference on Women, held in Beijing in September 1995, that the equal representation of women in economic and political decision-making positions is a priority of the society and is a particular concern of the Committee for Women's Politics. Please continue to provide information on the measures taken to overcome the legal and practical obstacles to equality for women identified in this Report, including those taken by the Committee for Women's Politics.

4. In addition, the Committee refers the Government to paragraphs 170 to 236 of its 1988 General Survey on Equality in Employment and Occupation where it emphasized the importance of taking active measures to promote equality of opportunity and treatment to implement the national policy. Accordingly, the Committee requests the Government to indicate the specific measures being taken or contemplated to ensure equality of opportunity and treatment on all of the grounds covered by the Convention. Please also include information on the activities of the Commission for the Italian and Hungarian Minorities, and indicate whether similar bodies exist for other minorities or ethnic groups in the country (e.g. Rom).

5. The Committee notes the adoption of the Ombudsman Act, 1993. Noting that the ombudsman has taken over the cases that were pending before the Council for the Protection of Human Rights (which has ceased to exist), the Committee requests the Government to provide information on the activities of the ombudsman in the area of employment and occupation and to furnish details of the complaints made to the ombudsman, and the decisions reached, which are pertinent to the application of the Convention.

6. With reference to the information provided concerning the special training programmes in the secondary police school, the Committee requests the Government to indicate the extent to which women have entered the police force and the levels at which they are employed.