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

1. In its previous direct requests, the Committee noted that the 1990 Constitution provides, in article 11, that no citizen is to be discriminated against on grounds of religion, race, sex, caste, tribe or ideology. The Committee had pointed out, however, that under the Convention, the protection against discrimination based on political opinion goes beyond the scope of opinion based on ideology and encompasses any opinion for or against a particular political system or policy, independently of any ideological views. Accordingly, as it has done on previous occasions, the Committee expresses the hope that the Government will consider making specific provision to prohibit discrimination in employment and occupation also on the basis of political opinion, as provided in Article 1, paragraph 1(a), of the Convention.

2. The Committee had also noted, in comments made over a number of years, that certain provisions of the Civil Service Act, 1956, and of the Civil Service Regulations, 1965, appeared to permit discrimination in employment on the basis of political opinion by providing that civil employees (defined as "any person holding office in any post of the civil service") may be removed or dismissed from service for, inter alia, participating in politics; or for acting against the Panchayat (partyless) system. The Committee had indicated that, although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher-level posts which are concerned directly with implementing government policy, it is not compatible with the Convention for such conditions to be laid down for all kinds of public employment in general. The Committee had observed that, in protecting workers against discrimination on the basis of political opinion, the Convention implies that this protection shall be afforded to them also in respect of activities expressing or demonstrating opposition to the established political principles, since the protection of opinions which are neither expressed nor demonstrated would be pointless. The Committee recalled that the protection afforded by the Convention is not limited to differences of opinion within the framework of established principles: therefore, even if certain doctrines aim to bring about fundamental changes in the institutions of the State, this does not constitute a reason for considering their propagation beyond the protection of the Convention, in the absence of the use or advocacy of violent or unconstitutional methods to bring about their result.

3. The Committee had noted with interest that the 1990 Constitution provided for the abolition of the Panchayat system. The Committee continued, however, to request the Government to indicate whether the above-mentioned texts which prohibited civil servants from participating generally in politics were still in effect. In its latest report, the Government states that the Civil Service Act, 1956, and the Civil Service Regulations, 1965, were repealed and replaced by the Civil Service Act, 1993, and the Civil Service Regulations, 1994, which do not incorporate similar provisions. The Committee regrets to note, however, that the prohibition on civil servants participating in politics has, in fact, been maintained in the 1993 Civil Service Act. According to section 61 of the Act, a civil employee (defined, as in the earlier texts, as "any person holding office in any post of the civil service") may be removed from service in case he participates in politics (although this does not constitute a disqualification for government service in the future). The Committee also notes that a similar prohibition is contained in other legislation. The Municipality (Working Arrangements) Regulations, 1993 - which govern the staffing arrangements and functions of municipal employees - provides, in section 21(b), that an order for the removal or dismissal of an employee of the municipality from its service may be issued in case he participates in politics. Similarly, under section 42(b) of the Village Development Committee (Working Procedures) Rules, 1994, an order may be issued to remove or dismiss any employee from service in case he takes part in politics.

4. Referring to its explanation concerning the limitations which should be placed on a ban to participate in politics, outlined in paragraph 2 above, the Committee expresses the firm hope that the Government will take the necessary measures to bring all relevant legislation into line with the Convention; and that details will be furnished on the means being taken or contemplated in this regard, in its next report.

5. The Committee is raising other points in a request addressed directly to the Government.