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

The Committee takes notes of the Government’s report.

1. Articles 3 and 10 of the Convention. Provisions on requisitioning. In its previous observations, the Committee invited the Government to amend as soon as possible section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, and to provide a copy of the applicable official text.

The Government indicates that the revision of the abovementioned Ordinance is before the National Tripartite Committee responsible for implementing the recommendations produced by the seminar on the right to strike and trade union representation. The Committee points out that the above seminar, held with technical assistance from the Office, took place more than three years ago (in September 2002). The Committee again urges the Government to take all necessary steps at the earliest possible date to complete the work of the abovementioned Committee rapidly, and to send a copy of Ordinance No. 96-009 of 21 March 1996 as amended to bring the legislation into line with the Convention, with its report for examination in 2006.

2. The Committee notes the Government’s observations replying to the ICFTU’s communication of September 2003, particularly concerning customs officials. It notes, however, that the Government has not commented on the requisitioning measures and threats of dismissal against teachers during a lawful strike in 2000. The Committee reminds the Government that teachers, like other workers, enjoy the right to strike. It refers the Government to the comments above and invites it to refrain from taking such measures in the future.