Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee noted that under section 78 of Act No. 92-570 of 11 September 1992, issuing the General Conditions of Service of the Public Service, definitive termination of the employment relationship is contingent upon, inter alia, the formal acceptance of the application to resign and is consequently irrevocable. The Committee asked the Government to supply information on the time-limit within which the competent authority must hand down its decision, the criteria for acceptance or rejection and available means of redress.

The Committee noted from the Government's report received in 1993 that under section 84 of Decree No. 93-607 of 2 July 1993 issuing common procedures for the application of the General Conditions of Service of the Public Service, the competent authority must hand down its decision within two months and that, if it fails to do so, the application is deemed to have been accepted. The Committee also notes the Government's indication that rejections may be resisted under Act No. 78-663 of 5 August 1978.

The Government also indicated that in view of the measures that have been applied since 1991 to reduce the number of public servants, it would be difficult for the competent authority to refuse applications to resign. In this connection the Committee notes the provisions of Act No. 92-574 of 11 July 1992 under which public servants who are allowed to take early retirement under the voluntary departure programme are granted a pension proportionate to the length of their service.

The Committee also noted the indication by the Government in its report received in 1993 that certain public servants can be denied resignation on own request because of their competencies considered as indispensable to the administration, under Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country. The Government indicates that the criteria of economic and social promotion might motivate the refusal of the competent authority, when it considers that the public servant who wants to resign can still be useful to the administration, either by the nature of the post or by his specific technical competencies. A contrario, the public servant whose resignation does not harm the functioning of the service is in a position to see his resignation accepted by the competent authority.

The Committee has taken due note of these indications. The Committee notes that under the provisions of Act No. 63-4 all citizens can be required to accomplish certain tasks of national interest, and that persons called up or used in the interest of the nation according to their occupations, competencies or skills, either individually or in the administration, public and private enterprises. Conditions of calling up are governed by decree, either by an individual decision or a collective one. Calling up cannot go beyond two years, but can be renewed (sections 2, 4 and 6).

Referring to Article 2, paragraph 2(d), of the Convention and to paragraphs 63 to 66 of its 1979 General Survey on the abolition of forced labour, the Committee requests the Government to indicate measures taken or envisaged to insert in the legislation the principle that labour may be called up only in circumstances endangering, or likely to endanger, the existence or well-being of the whole or part of the population.

The Committee has noted the information supplied by the Government concerning the length of the compulsory service that career servicemen who have received training must perform before they may resign. It hopes that the Government will provide a copy of the Military Service Code as soon as it has been adopted.

In its previous comments the Committee noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to suspend civic service and asked the Government to provide a copy of the Official Gazette in which the above text was published. The Committee noted the Government's statement in its report received in 1993 that it is unable to provide the necessary references. The Committee asks the Government to indicate how the public was informed of the disbanding of the civic service and to provide copies of any relevant documents.