Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Tchéquie (Ratification: 1993)

The Committee of Experts has noted that at its February-March 1992 Session (GB.252/16/19) the Governing Body approved the report of the Committee set up to examine the representations made by the Trade Union Association of Bohemia, Moravia and Slovakia (OS-CMS) and by the Czech and Slovak Confederation of Trade Unions (CS-KOS) under article 24 of the ILO Constitution alleging non-observance by the Czech and Slovak Federal Republic of Convention No. 111.

The Committee set up under article 24 of the Constitution examined the compatibility with the Convention of Act No. 451/1991 of 4 October 1991, known as the "Screening Act", with respect to exclusions of specified categories of persons from a wide range of functions and occupations, mostly in public institutions but also in the private sector. People liable to such exclusions include persons who were engaged in the past in specified functions, or were associated with or members of specified bodies or organisations of the former political system, in a period of over 40 years from 25 February 1948 to 12 November 1989.

The Committee was of the view that the exclusions established by Act No. 451/1991 may be deemed inherent requirements of particular jobs and therefore admissible under Article 1, paragraph 2, of the Convention only in a certain number of cases. It further found that the exclusions under the Act cannot be regarded as measures concerning activities prejudicial to the security of the State within the meaning of Article 4 of the Convention. It therefore was bound to conclude that, to the extent indicated, the exclusions imposed by Act No. 451/1991 constitute discrimination on the basis of political opinion under the terms of the Convention. It also found that the appeals procedures under Act No. 451/1991 did not fully meet the requirements of the Convention.

The Committee expressed confidence that a satisfactory solution would eventually be reached as the necessary elements conducive to such a solution already exist. It recommended that the Government should be invited: to refer the matter at the earliest date to the Constitutional Court of the CSFR for a ruling on Act No. 451/1991, having due regard to the provisions of Convention No. 111; to take the necessary measures in consultation with employers' and workers' organisations with a view to repealing or modifying Act No. 451/1991 in conformity with the requirements of the Convention; to take measures to enable any persons unjustly affected by the Act to obtain redress; and to have appropriate consultation, and if necessary, cooperation with the International Labour Office in carrying out these recommendations. It also recommended that the Committee of Experts follow up the matter.

The Committee of Experts requests the Government to report on the measures taken to implement the above recommendations in order to give full effect to the Convention, so that it can follow up the matter at its next session.