Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Power to requisition. The Committee recalls that in its previous comments it referred to the need to amend 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 the continuity of the administration and the safety of persons and property. The Committee recalled in this connection 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 even 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 General Survey of 1994 on freedom of association and collective bargaining, paragraphs 152, 158 and 159). In its latest report, the Government once again merely reiterates the information supplied in earlier reports.

The Committee is therefore bound to repeat its request to the Government to send in its next report detailed information on the practical effect given to this provision, including the requisition orders issued during the period covered by the report, and also to provide information on the legislative measures taken or envisaged to amend sections 1 and 6 of Act No. 46-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees, in order to bring its legislation into full conformity with the provisions of the Convention.

The Committee raises other points in a request addressed directly to the Government.