Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes with interest the adoption of Act No. 97-17 of 1 December 1997 issuing the Labour Code. However, the Committee also notes that certain provisions in the new Labour Code need to be amended to bring them into conformity with the Convention.

1. Trade union rights of minors. The Committee notes that section L.11 of the Labour Code restricts the right of minors aged over 16 years to join trade unions of their choice. Under the terms of the section in question, the father, mother or guardian can oppose the minor's membership of a trade union. The Committee has noted in the past that legislation in some countries contains provisions concerning union membership of minors and has taken the view that the Convention does not authorize any distinction based on such grounds (1994 General Survey on freedom of association, paragraph 64).

2. Requisitioning. The Committee notes that section L.276 gives the administrative authorities the power to requisition workers in enterprises and in public services and establishments who occupy posts considered essential to the safety of persons and property, the maintenance of public order, the continuity of public services, or to meeting the country's essential needs. The Committee requests the Government to indicate whether, in implementation of section L.276 of the Labour Code, a list of essential services has been fixed by Decree and, if this is the case, to provide a copy of the text in question so that the Committee can assure itself of its compatibility with the principles of freedom of association. The Committee recalls in this regard that the calling-up of workers is liable to be abused as a means of settling labour disputes. Recourse to measures of this kind is therefore not desirable, unless it is necessary to maintain essential services in situations of the utmost gravity. In the Committee's view, requisition of workers can only be justified by the need to ensure the maintenance of essential services in the strict sense of the term, that is, services whose interruption would endanger the life, personal safety or health of persons, or in the event of acute national crisis. The Committee therefore requests the Government to provide information on the application in practice of this provision.

The Committee notes further that section L.276 provides that occupation of workplaces or the immediate surroundings thereof may not take place during a strike, under penalty of the sanctions provided in sections L.275 and L.279. In the Committee's opinion, the restrictions on workplace occupations which should do not infringe the freedom to work should be limited to cases where the action ceases to be peaceful (see General Survey, op. cit, paragraph 174).

The Committee hopes that the Government will take all the necessary measures in the light of the foregoing comments to bring its national legislation into closer conformity with the Convention. It requests the Government to keep it informed in its next report of any progress made in these areas and to provide copies of any amendments to legislation and of any other information relating to its practical implementation.