Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the Government's report.

In reply to its previous direct request, the Committee notes that the Government indicates in its report that Legislative Decree No. 92-03 of 30 September 1992 on combating subversion bears no relationship to the occupational sector; legally constituted trade union organizations exercise their activities without any restrictions whatsoever with the exception of those set out in the texts governing trade union rights and, during 1994, a large number of strikes took place, including in the public economic sector. While noting this information, the Committee nevertheless considers that some of the provisions of Legislative Decree No. 92-03 could give rise to impairment of the rights of workers' organizations to organize their activities and formulate their action programmes to defend their members' economic, social and occupational interests. The Committee asks the Government to supply in its next report information on the application in practice of section 1 of Legislative Decree No. 92-03 which defines as subversive or terrorist acts any offences against, in particular, stability and the normal functioning of institutions, which aim to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or highways, which may be punished by severe sanctions, including life imprisonment, and to supply copies of all judicial rulings handed down on this matter.

Furthermore, the Committee has pointed out that section 43 of Act No. 90-02-90 prohibits strikes, not only in essential services the interruption of which would endanger the life, safety or health of citizens (which the Committee has already considered acceptable), but also when a strike is likely to cause a serious economic crisis. Moreover, section 48 of the Act confers upon the Minister, or the competent authority, in the event of a continuing strike and after failure to mediate, the power to refer, after consultation with the employer and the workers' representatives, an industrial dispute to the arbitration commission.

The Committee recalls that arbitration to end an industrial dispute should only be used at the request of both parties and not only after consultation with the parties, and that compulsory arbitration to end a strike should only be imposed when the strike occurs in an essential service in the strict sense of the term or where the extent and duration of the strike may provoke an acute national crisis. Noting that the Government provides information in its report on the large number of strikes which took place, the Committee asks the Government to continue to provide information on the application of these provisions in practice.