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

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

Further to its 1992 observation, the Committee takes note of the statement of the Government representative to the Conference Committee in June 1992, and of the information contained in the Government's last report. It also notes the observations of the Frente de Trabajadores Exonerados Compania Chilena de Tabacos S.A. y Chiletabacos S.A., dated October 1992 and of the Workers' Trade Union No. 7, División El Teniente, Codelco Chile, dated February 1993, which were sent to the Government for comments.

1. Regarding the 1991 comments from the Comando de Exonerados de Chile concerning dismissal from employment on political grounds under the military dictatorship, the Committee had noted that a draft Act had been placed before the National Congress on 9 July 1991 proposing provisional benefits for persons dismissed during the period 11 September 1973 to 10 March 1990 on political grounds from the public administration, from semi-state agencies and self-governing state enterprises, or from municipalities and for workers from private enterprises in which the public authority intervened. The Committee notes with interest that an agreement was reached on 6 June 1992 between the Ministry of Labour and the Comando de Exonerados de Chile (providing that persons dismissed for political reasons would have a right to new improvements in pensions, together with the opportunity to increase the amount, and that access to pensions would be considered together with means for easing the reintroduction of workers dismissed from the public service as well as improved access to opportunities for vocational training and small-scale enterprises) and that the draft Act was still under discussion in the Chamber of Deputies and then to be placed before the Senate. The Committee again requests the Government to supply a copy of the Act once it has been adopted and promulgated, together with information on its practical application.

2. The Committee also notes that in response to communications from the Workers' Trade Union No. 7, División El Teniente, Codelco Chile, received in February 1992, concerning the issue of dismissals from employment on political grounds before and after 10 March 1990, the Government refers to the current passage through Parliament of the above-mentioned draft Act and the 6 June 1992 agreement as evidence of its application of the Convention.

3. The Committee notes that the Frente de Trabajadores Exonerados Compania Chilena de Tabacos S.A. y Chiletabacos S.A. disputes the scope of this draft Act and asks that it be broadened to include those workers - such as its members - who were not dismissed through the intervention of public authorities, but who suffered indirectly forced resignations after harassment due to their political beliefs in private companies. The Committee hopes that the Government will supply its comments on this communication in its next report.

4. With regard to the Constitutional Reform Act No. 18825 of 16 August 1989 which repealed article 8 of the Constitution, and the possibility of acquitting persons convicted by the Constitutional Court of committing the acts specified in article 8, the Committee notes the Government's statement that no other persons were convicted for committing an act specified in article 8 and that the Constitutional Court has thus not rendered any other judgements in this regard.

5. Regarding its repeated requests to the Government to repeal explicitly certain Decrees (Nos. 112 and 139 of 1973; Nos. 473 and 762 of 1974 and Nos. 1321 and 1412 of 1976, which grant discretionary powers to university rectors to terminate the contracts of teaching and administrative staff) which - according to the Government - were tacitly repealed and without effect and to repeal or amend section 55 of Legislative Decree No. 153, concerning the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 regarding 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 requests have again been transmitted to the Ministry of Education authorities, but that no action has been taken by them. The Committee recalls the Government's previous statement that these texts can only be repealed or amended by a law passed by the National Congress and hopes that the Government will take the necessary measures to repeal explicitly or amend these texts. It asks the Government to include in its next report information on the progress achieved in this respect.

6. The Committee notes the most recent observations of the Workers' Trade Union No. 7 of Codelco Chile, dated February 1993, concerning dismissals of workers on the basis of age and hopes that the Government's comments thereon will be available for its next session.

[The Government is asked to report in detail for the period ending 30 June 1993.]