Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government in its report, to the effect that the Government's technical departments are examining the possibility of amending section 229 of the Labour Code so as to limit the Minister's powers to order compulsory arbitration in order to end a strike to "strikes which, by reason of their scope and duration, could lead to a national crisis". It asks the Government to provide information in its next report on any developments in this area.

With regard to Decree No. 90-562/P-RM, the Committee reminds the Government that exceptions to the principle of the right to strike should be limited to essential services in the strict sense of the term and to public servants exercising authority in the name of the State. The Committee observes that, under the above Decree, maintenance of minimum services may be required in services which are not necessarily essential in the strict sense of the term and in the case of public servants who do not necessarily exercise authority in the name of the State.

The Committee requests the Government in its next report to provide information on the practical application of the Decree of 22 December 1990, including any requisition orders issued, so that it can ascertain whether they are compatible with the Convention.