Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 2, paragraph 2(d), of the Convention. Powers of requisitioning. In its previous comments, the Committee pointed out the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development. The Committee noted that sections 1 and 2 of the Act read together defined the powers of requisitioning too broadly and went beyond the circumstances covered by Article 2, paragraph 2(d), of the Convention. The Committee observes that the Government has provided no information on this matter in its latest report. It again asks the Government to indicate the measures taken or envisaged to bring the legislation into line with the requirements of the Convention on this point, so that the powers of requisitioning are limited to circumstances endangering or which are likely to endanger the lives or normal living conditions of the whole or part of the population.

2. Freedom of public employees to leave their employment. In its previous comments, the Committee noted that, according to section 38 of Ordinance No. 2000-418 of 3 May 2000 issuing the Police Code, a member of the police force may resign only with the consent of the appointing authority and at the date set by the latter. The Committee pointed out that persons in the service of the State should be entitled to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required in order to ensure the continuity of the service. In its latest report, the Government indicates that the police force is governed by the Military Code and that members of the police sign a ten-yearly commitment and so may resign only after ten years of service. In view of the length of the commitment, the Committee requests the Government to indicate whether, in practice, members of the police who have signed ten-yearly commitments may have recourse to the provisions of section 38 of Ordinance No. 2000-418. If so, please indicate the criteria applied by the competent authorities in accepting or rejecting applications to resign, the nature of disciplinary sanctions applied and the means of redress available against rejections of such applications.