Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Articles 3 and 10 of the Convention. Provisions on requisitioning. For a number of years, the Committee has requested the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope only 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 applicable official text. In its previous observation, the Committee noted that the revision of the abovementioned Ordinance was before the National Tripartite Committee. In this regard, the Committee notes that, according to the Government, the revision of the Ordinance has been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativeness of trade union organizations. The Committee urges the Government to take all the measures within its power to amend section 9 of Ordinance No. 96-009 (a copy of which is requested) and to keep it informed of any developments in this regard.

Comments of the International Confederation of Free Trade Unions (ICFTU). Finally, with regard to the comments of the ICFTU of September 2003, referring to the requisitioning measures and threats of dismissal against teachers during a lawful strike, the Committee notes the Government’s indication that the dispute with teachers concerning this matter has been resolved and that it has taken due note of the Committee’s invitation to refrain from taking such measures in the future.