Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the Government's report.

Article 1(a) and (d) of the Convention. 1. In its previous comments, the Committee had noted that section 41 of Act No. 90-02 allows the conscription of striking workers who occupy, in public institutions or administrations, or in enterprises, posts essential to the safety of persons, plant and capital equipment, as well as the continuity of public services which are essential to the vital needs of the country or to undertake essential activities for supplying the public. The Committee had noted that the refusal to carry out a conscription order is liable to penalties provided for in the Penal Code (section 42). The Committee had considered that section 41, together with section 43 respecting the prohibition on the right to strike, could result in the imposition of sanctions for refusing to carry out a conscription order, in services which are not essential in the strict sense of the term. The Committee requests the Government to provide information on the practical application of the provisions in question and any decisions taken in this respect.

2. The Committee had also commented on Presidential Decree No. 92-44 of 9 February 1992 declaring a state of emergency, which was extended in 1993 and remains in force. The Committee had noted that section 6(5) of the Presidential Decree empowers the Ministry of the Interior and Local Communities to order the conscription of workers to carry out their usual occupational activities in the event of an unauthorized or unlawful strike. This includes conscription in public or private enterprises for the purpose of obtaining the performance of services in the public interest. Under section 5 of the same Decree, any person whose activity is found to endanger the public order, public security or the proper working of the public services may be placed in a security centre by order of the Minister of the Interior and Local Communities. The Committee again requests the Government to provide the texts of Decrees of the Ministry of the Interior which establishes security centres and to provide information on the functioning of these centres. The Committee also requests the Government to provide information on the application of sections 5 and 6(5) of Decree No. 92-44, including the texts of the conscription decrees and applicable sanctions.

3. The Committee again requests the Government to provide information on the application, in practice, of section 87bis of the Penal Code (Ordinance No. 95-11 of 25 February 1995) on subversive acts and to attach copies of any court decision defining or illustrating its scope.