The complaint Authority resolution No. 002412 of 4 April 1991 establishing the criteria to be used for declaring that the Authority was overstaffed. 3. The author alleges a violation of article 25 (c) of the Covenant, since the National Customs Authority’s resolution led to his dismissal without just cause. The resolution violated the principle of the hierarchy of norms, since it was contrary to the provisions of article 35 of Legislative Decree No. 276, the Public Service Act, which establishes 70 as the maximum age for employment in public service. Moreover, article 48 of the 1979 Constitution, which was in force at the time, recognizes the right to security of employment. The author also refers to the excessive length of the procedure, as well as the fact that the judiciary was under investigation by President Fujimori’s Special Commission on Reorganization of the Government, which naturally brought the work of the Supreme Court to a standstill. 4.3 While article 48 of the Constitution, which was invoked by the author, guarantees the right to security of employment, it also points out that a worker can be dismissed for just cause provided in the law and duly proven. In the present case, there was just cause for dismissing the author, since he was terminated due to reorganization. 4.4 The State party declares that it has not violated article 25 (c) of the Covenant, since the author was not deprived of access, on general terms of equality, to public service in his country, as demonstrated by his 11 years of service in a public institution. His dismissal was motivated by objective reasons based on a reorganization of public bodies. Issues and proceedings before the Committee The State party’s observations Consideration of admissibility 4.1 In its observations of 22 April 2002, the State party states that it has no objections to the admissibility of the communication. With regard to the merits, it points out that the Supreme Decree of 8 January 1991, in which the Executive announced the reorganization of all public bodies, including ones in the central Government, regional governments, decentralized public institutions, development corporations and special projects, was legally supported by article 211 of the 1979 Constitution and was decided upon in view of overstaffing and with the aim of securing the country’s economic stability and financial balance. In this context, the Supreme Decree of 14 March 1991 announced the reorganization of the National Customs Authority in order to improve customs services as part of the process of liberalization of foreign trade. That reorganization plan called, among other things, for the streamlining of personnel, indicating that staff not joining in the voluntary resignation programme would be declared redundant and laid off because of restructuring. The Customs Authority issued resolution 2412 on 4 April 1991, establishing the criteria to be taken into account for announcing the redundancy of employees who had not joined in the voluntary resignation programme, identifying among others staff who had reached the age limit defined in the rules of Decree Law No. 20530 and 19990, i.e., 55 years for women and 60 for men. 5.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant. 5.2 The Committee has ascertained, as it is required to do under article 5, paragraph 2 (a), of the Optional Protocol, that the same matter has not been submitted to another procedure of international investigation or settlement. 5.3 The Committee notes that the State party indicates that it has no objections to the admissibility of the communication. There being no obstacle in this respect the Committee considers that the communication is admissible and that the issue raised by the author should be considered on the merits. Consideration of the merits 6.1 The Human Rights Committee has considered the present communication in the light of all the information made available to it by the parties, as provided for in article 5, paragraph 1, of the Optional Protocol. 6.2 The question raised by the author is whether his dismissal from public service for reasons relating to the reorganization of public bodies constitutes a violation of article 25 (c) of the Covenant. Article 25 (c) recognizes for every citizen the right to have access, on general terms of equality, to public service in his country, without any of the distinctions mentioned in article 2, paragraph 1, namely race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. To ensure access on general terms of 4.2 Resolution No. 6338, which declared the author redundant and terminated his employment as of 6 September 1991, was in keeping with the legal framework governing the reorganization of the customs service and respected the principle of the hierarchy of norms, which was: article 211 of the Constitution; Supreme Decree No. 043-91-EF of 14 March 1991 concerning the reorganization of the National Customs Authority; and National Customs 66

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