Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Paraguay (Ratification: 1967)

The Committee notes the information supplied by the Government. The Committee also notes the tripartite consultations which were held in the context of the technical assistance provided by the ILO to the Government for the revision of the Labour Code, which was adopted in October 1993.

1. In previous comments, the Committee referred to section 34 of Act No. 200 of 17 July 1970 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to the public order or to the democratic system established by the national Constitution, under penalty of serious disciplinary sanctions. The Committee notes the Government's statement that the emergence of a new democratic regime has made it possible to bring an end to decades of authoritarianism, dictatorship and denial of human rights, and that the new national Constitution of July 1992, in view of its supremacy over other legal texts, repealed Act No. 200 in practice. While noting that, for lack of time, the Congress has not been able to examine the legislative reforms needed for the democratic transition, the Committee recalls that section 34 above is contrary to the principles of the Convention, since it permits the authorities to practice discrimination in employment on the ground of political opinion (Article 1, paragraph 1(a), of the Convention). The Committee trusts that the Government will be able to report progress in this respect in its next report. It requests the Government to transmit copies of any legal text which affects the implementation of the Convention and, in particular, to report on the progress achieved in the amendment of the Penal Code, some provisions of which provide for sanctions on political grounds in the case of certain categories of workers.

2. The Committee also raised the question of the limitations established by Act No. 294 of 17 October 1955 respecting the defence of democracy, on the freedom of political opinion of persons working in the public sector or in enterprises which are assimilated to the public sector, which was specifically repealed on 4 September 1989 by Act No. 09/89. The Committee would be grateful if the Government would indicate how, under these conditions, it fully guarantees in practice the freedom of opinion of all categories of workers and how it provides them with protection against any discrimination in employment based on this criterion.

3. Furthermore, the Committee draws the Government's attention to Article 2 of the Convention, in accordance with which the member State is bound to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment, with a view to eliminating any discrimination in respect thereof. The Committee requests the Government to refer to Chapter IV of its 1988 General Survey on Equality in Employment and Occupation concerning the implementation of the principles set out in the Convention. In particular, paragraphs 158 to 169 give precise indications on the formulation of this policy. The Committee would be grateful if the Government would supply information in its next report on any progress achieved in this respect.