Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. In its previous direct request, the Committee asked the Government to specify the provision concerning the period within which the authority must accept or refuse the resignation of public servants.

The Committee notes that section 151 of Decree No. 60-54 of 30 March 1960 issuing procedures for the implementation of the General Conditions of Service of the Public Service provides that a public servant's application to resign must be accepted or refused by the authority vested with the power of nomination within four months. The Committee notes that Ordinance No. 89-18 of 8 December 1989 establishing the General Conditions of Service of the Public Service, repealed Act. No. 59-06 of 3 December 1959 (General Conditions of Service of the Public Service). The Committee asks the Government to indicate whether any new instrument to implement Ordinance No. 89-18 has been adopted and, if so, to provide a copy of it.

2. The Committee notes the indications contained in the Government's report on the resignation of career servicemen. It requests the Government to provide a copy of Decree No. 79-23/PCMS/MDN of 1 March 1979.

3. The Committee notes that section 177 of the Penal Code defines vagrants as persons who have no known abode or means of subsistence and as a rule exercise no trade or occupation. Under section 178 of the same Code, vagrants shall be punished by a penalty of imprisonment of from three to six months.

The Committee refers to paragraphs 45 to 48 of its General Survey of 1979 on the Abolition of Forced Labour, and recalls that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a direct or indirect means of compulsion to work and should be amended so that only persons who, in addition to not working, disturb the public order by unlawful acts, are liable to punishment. The Committee asks the Government to provide information on the measures taken or contemplated to ensure observance of the Convention on this point.