Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes the information contained in the Government’s report, particularly the new legislation adopted concerning non-discrimination. It notes with interest that Act No. 19611 of 16 June 1999 amends articles 1 and 19 of the Chilean Constitution, and provides explicitly for legal equality between men and women. Furthermore, the Committee notes with interest the adoption of Act No. 19591 of 9 November 1998 which amends section 194 of the Labour Code. The new Act provides protection against discrimination for pregnant women workers and prohibits the requirement for a pregnancy test as a condition for employment. The Committee also notes with interest that Act No. 19638 of 14 October 1999 prohibits discrimination on the grounds of religious belief.

2.  In regard to discrimination on the grounds of political opinion, the Committee notes that for more than ten years it has been holding a dialogue with the Government requesting the explicit repeal of certain legislative decrees (Nos. 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) which grant wide discretionary powers to Chilean university vice-chancellors to suspend academic and administrative posts. The Committee also asked the Government to repeal explicitly section 55 of Legislative Decree No. 153 on the by-laws of the University of Chile and that on the legal status of the University of Santiago de Chile, which both allow the expulsion from or non-admission to these institutions of academics, students and officials because of their political activities.

3.  The Government has reiterated once again that the legislative decrees in question have been repealed tacitly and are not in force. In its report, the Government indicates that it does not consider there to be failure to observe the Convention because the universities named in these legislative decrees are not currently subject to the authority of the vice-chancellors mentioned and that for this reason the bases necessary for the law to function do not exist. The report adds that most of the universities mentioned have adopted new statutes which establish the higher authorities by which they are governed. Despite the affirmation in the Government’s report, the Committee refers to its previous comments and requests the Government once again to repeal explicitly the legislative decrees in question in order to ensure that they cannot serve as a basis for preventing access to, or for excluding persons from, the universities mentioned in those instruments. The Committee notes that there is a draft framework act for the preparation of new statutes by the state universities and that the new statutes cannot include discriminatory provisions. The Committee requests the Government to continue to supply information about the state of the draft act, to advise the Committee as soon as it has been promulgated in law and to send it a copy for information.