Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 3 and 10 of the Convention. Legislative provisions respecting the requisitioning of labour. In its previous observation, the Committee requested the Government to amend rapidly section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, and to provide a copy of the official text applicable.

The Committee notes that the Government has issued two Orders (No. 0825/MFP/T of 2 June 2003 and No. 1011/MFP/T of 1 July 2003) which, respectively, establish a national tripartite committee and appoint the members of the committee, which is responsible for conducting the process of amending the legal texts on the right to strike and the representative nature of occupational organizations. Recalling that the Government received technical assistance from the ILO in September 2002, among other matters on issues relating to strikes, the Committee requests the Government to take all the necessary measures to accelerate the work of the above committee and to provide the text of Ordinance No. 96-009, as amended to bring the legislation into conformity with the Convention, with its next report due in 2004.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.