Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the information supplied by the Government in its supplementary report, dated 20 January 1994.

1. With reference to its previous comments, the Committee notes the provisions of Decree No. 84-009 of 19 January 1984 issued under Ordinance No. 83-127 of 5 June 1983 to reorganize public and private property, the text of which was supplied by the Government. The Committee notes, with regard to the individualization of the ownership of property, that the registration of agricultural land in the name of chiefs and public figures, registered in their capacity as such, is for the benefit of all the members of the community in question who have participated in the initial development and continued working of the land (section 7); all those persons are deemed to have participated who, by their work or assistance, contributed to the development and working of the land (section 8). Sharing shall be carried out in an individual capacity without any discrimination and in an equitable manner. The interests of dependants and persons who might have benefited under section 8 shall be safeguarded in accordance with the Sharia (section 17).

The Committee notes that in the case of rural property formalities include the payment of costs and dues for the purchase of temporary title to the property; for the purchase of the definitive ownership of the property, these include the payment of the purchase price and the related costs, including marking out the land, registration costs, the change in the registration of ownership and stamp duty (sections 31 and 35). Definitive ownership is granted subject to a clause making it compulsory to develop the property within a specific period of time.

The Committee notes that it has been alleged that the reform of the ownership of property has not had the intended effects, that former masters are not aware of it or do not respect it and that the courts frequently decide in their favour.

The Committee requests the Government to supply information on the measures which have been taken or are envisaged to encourage the grant of land to freed slaves and its development, as well as, more generally, information on the measures which have been taken or are envisaged to supply freed slaves with the necessary resources to prevent them from falling back into slavery.

2. The Committee referred previously to the "Food for work" (FFW) programme. It noted the Government's statement that the purpose of this operation is to encourage citizens to work. The agency responsible for recruitment is the CSA and the persons concerned are remunerated in the form of products of primary necessity. There are tens of thousands of beneficiaries of the programme. The Committee requested the Government to supply a copy of the texts establishing and regulating the FFW structure.

In its previous comments, the Committee noted the lists of projects and the beneficiaries of food supplied by the Government. It also noted the Government's statement to the National Assembly in November 1992 that programmes to support the development of communities through the provision of food for work have made a considerable contribution in terms of employment and combating property. 157 projects have been carried out in sectors such as the construction of dams, dykes and rural roads, market gardening, the planting of trees and stabilization of dunes, the sinking of wells, the construction of basic community infrastructures and work to improve the urban environment. The Government stated that food for work programmes would be intensified with a view to the promotion of employment, the improvement of community infrastructures and basic development, as well as for the protection of the environment.

In view of the scope and importance of these programmes in the national economy and their planned intensification in the future, the Committee expressed the hope that the Government would supply the texts establishing them and regulating their structure, as it requested previously, as well as detailed information on their implementation, including specific project documents.

The Committee notes the Government's statement in its last report that, in view of the harm caused by the economic crisis, compounded by rampant desertification and drought and a massive rural exodus, which has rendered insufficient the urban structures for newcomers in the large cities, the Government has endeavoured to launch a number of development projects in several regions with the aim of combatting unemployment, protecting the environment and containing the rural exodus. The FFW operation is one of these projects and is intended to reduce the negative impact of the free distribution of food on the mentality of the population and to ensure that communities participate in the development of the country.

Initially entitled the "food for work unit", the structure was established within the CSA to design and implement the new policy. The structure was established within the context of the assistance provided by the CSA to underprivileged populations. The Government adds that the project is nearing its end in the form of the FFW programme.

With reference to the above statement made by the Government to the National Assembly, the Committee requests the Government to supply detailed information on the new measures which have been adopted or are envisaged to replace the FFW project, including the texts establishing them and the relevant documents, particularly on any specific project.

3. The Committee once again requests the Government to supply information on the development activities and assistance to the population in which, according to the Government's statement to the National Assembly, the armed forces will be engaged.

4. In its previous comments, the Committee noted the provisions of Decree No. 70-152 of 23 May 1970 respecting the organization, administration and supervision of prison establishments, and Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Government supplied copies in 1986. The Government stated that it planned to revise these texts, in view of the fact that Decree No. 70-153 provides in chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2(c), of the Convention. The Government added that in practice prison labour had never been hired out or made available to private individuals.

The Committee notes the Government's statement that the texts to amend the above provisions have not yet been adopted. It notes that the Government repeats its previous statement that in practice prison labour has never been made available to private individuals. The Committee hopes that the Government will soon report that measures have been adopted to bring the law into conformity with the Convention and the reported practice.

5. With reference to section 68 of Act No. 93-09 issuing the general conditions of service of public officials and employees of the State, the Committee requests the Government to indicate the criteria guiding the decision of the competent authority to accept or refuse an application to resign and the channels of appeal available in the event of its refusal.

6. In its previous comments, the Committee noted that, by virtue of section 41 of Decree No. 80-286 governing the application of Ordinance No. 80-174 of 22 July 1980 respecting the organization and conditions of service of the National Guard, an application to resign by rank-and-file members of the National Guard may be refused in the interests of the service, postponed when circumstances so require and accepted when the grounds for the resignation are met.

The Committee requests the Government to supply information on the nature of the "grounds" in question and the criteria guiding the decision to accept or refuse an application to resign.