Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

1. The Committee has taken note of the communication dated 31 May 1991 from the Comando de Exonerados de Chile concerning dismissal from employment on political grounds under the military dictatorship, whereby thousands of workers from various public and private agencies and undertakings were discharged, persecuted, subjected to administrative investigation or accused of offences which they had not committed or of conduct not their own. The Committee has taken note of the detailed information given in the Government's reply dated 15 January 1992 and in particular of its statement to the effect that a draft Act was sent to the National Congress on 9 July 1991 proposing provisional benefits for persons dismissed on political grounds from the public administration, from semi-state agencies and self-governing state undertakings, or from municipalities and for workers from private undertakings in which the public authority intervenes, whose discharge took effect during the period 11 September 1973 to 10 March 1990. The Committee hopes that this draft Act will be adopted in the near future; it asks the Government to supply a copy of the Act once it has been promulgated, together with information on its practical application.

2. The Committee also takes note of the observations supplied by Workers' Trade Union No. 7, División El Teniente, Codalco, Chile, in its letter of 17 February 1992, which was transmitted to the Government by ILO letter dated 6 March 1992. The Committee hopes that the Government will supply its comments on the letter in question so that it may be examined at the Committee's next session.

3. The Committee hopes that the next report will contain information on the following points raised in its previous observation:

(i) With reference to its previous comments, the Committee notes with interest the Government's statement that section 8 of the National Constitution has been repealed by Constitutional Reform Act No. 18825 of 16 August 1989 and that, consequently, persons convicted by the Constitutional Court of committing the acts specified in the above-mentioned section 8 must be acquitted as these acts no longer constitute an offence. By virtue of the above reform, the Constitutional Court resolved to lift the penalties imposed on Mr. Clodomiro Almeyda Medina. The Committee asks the Government to continue to inform it of any further such decisions of the Constitutional Court.

(ii) Decrees relating to universities. In its previous comments, the Committee requested the Government to explicitly repeal certain Decrees (Nos. 112 and 139 of 1973; Nos. 473 and 762 of 1974 and Nos. 1321 and 1412 of 1976) which grant broad discretionary powers to university rectors to terminate the contracts of teaching and administrative staff. The Committee also requested the repeal or amendment of section 55 of Legislative Decree No. 153 respecting the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 respecting the Statutes of the University of Santiago, in order to ensure protection against discrimination on grounds of political opinion. The Committee notes the Government's statement that the Committee's request has been transmitted to the new Ministry of Education authorities which are examining the matter but that the above texts can only be repealed or amended by a law passed by the National Congress. The Committee trusts that the Government will take the necessary measures and hopes that the next report will indicate further progress made in this respect.