Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the Government's report.

1. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, adopted under the Prisons Act, No. 23 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorisation of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee has called the attention of the Government to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and has asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.

The Committee notes the information provided by the Government and specifically that provided by the Ministries of Interior and Justice. This information does not, however, address the question arising from section 8(e) of the Prison Regulations, discussed above. Accordingly, the Committee must ask the Government again to indicate the measures taken to ensure compliance with the above-mentioned requirements of the Convention.

2. Freedom to leave the service of the State. The Committee notes that Regulation No. 1 of 1988 Civil Service Regulations, came into effect on 1 January 1988, and that section 169(a) and (b) repeals Regulation No. 23 of 1966 and Regulation No. 40 of 1982, respectively. Section 151 and 152 govern the resignation of civil servants. According to these sections, the civil servant must present his resignation in writing to the public authority vested with the authority to nominate him to his position. If the resignation is accepted, the civil servant is free to leave the service. If the resignation is not accepted either by explicit refusal or because a decision of acceptance is not given in writing within 30 days from the date of presentation to the authority, the civil servant is not free to leave his post and must, according to section 151(b) continue to carry out his duties. If the civil servant does not continue to carry out his duties and is absent from his post for a period of 10 consecutive days, the civil servant is deemed to have abandoned his post. The conclusion of "abandonment" is made by the appointing authority and is to be published in the local newspaper. The civil servant who has been deemed to have abandoned his post is penalised by being ineligible to be named anew to the public service for a period of two years from the abandonment determination. The civil servant determined to have abandoned his job may appeal from the decision within 10 days following the date he was informed by publication of the decision.

The Committee asks the Government to indicate whether the abandonment determination and two year ban from further public service are the only penalties to which a civil servant who leaves his post without approved resignation is liable.

3. The Committee notes the Government's indication that it has asked the Ministry of Defence to furnish, in accordance with the Committee's prior requests, a copy of the laws and regulations governing the length of service of members of the armed forces and the conditions in which they may resign. The Committee looks forward to the Government's sending this information.