Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report. With reference to its previous comments concerning the need to repeal the provisions of Zatu No. AN-VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service, which require public servants to respect the revolutionary order under penalty of disciplinary sanctions (sections 6, 7, 9, 36 and 46 of the Zatu), the Committee notes with satisfaction that the above provisions have been effectively repealed by the adoption of Decree No. 98-205/PRES promulgating Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service. The Committee takes also due note of sections 44 and 45 of the new Act which confer freedom of association, freedom of opinion and the right to strike on public servants.

The Committee also drew the Government's attention to its earlier comments on sections 1 and 6 of Act No. 45-60/AN of 25 July 1960, under which public servants may be required to perform their duties in order to ensure continuity of administration and the safety of persons and property. With regard to the provisions on the Government's authority to requisition in the event of a strike by public servants, the Committee recalls that it would be advisable to restrict the public authorities' power to requisition to cases in which the right to strike may be limited or prohibited, namely where public servants exercise authority in the name of the State in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the event of an acute national crisis (see paragraphs 152, 158 and 159 of the 1994 General Survey on freedom of association and collective bargaining). In this connection, the Committee asks the Government to provide information in its next report on the application in practice of this provision and to indicate the measures taken or envisaged to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of civil servants and state officials.