Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Freedom of public servants to leave their employment. Referring to its previous comments concerning the ten-yearly commitment signed by police officers, the Committee notes the Government’s information that the latter may resign before the end of this commitment, with the consent of the appointing authority.

Article 2(2)(d) of the Convention. Powers of requisitioning. In its previous comments, the Committee drew the Government’s attention to 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, and also Decree No. 63-48 of 9 February 1963 implementing the Act. The Act makes it possible to requisition persons over 18 years of age for the performance of certain tasks of national interest, with a view to promoting the country’s economic and social development. The requisitions are made under conditions fixed by decree or by individual order, or by means of a collective order concerning a specific activity. The requisition may not be for more than two years, but it can be renewed. It can be inferred from sections 1 and 2 of Decree No. 63-48, read in conjunction, that the powers of requisitioning are defined too broadly and go beyond the exceptional circumstances covered by Article 2(2)(d) of the Convention. In its last report, the Government indicates that it notes the need to amend Act No. 63-4 in order to bring it into conformity with the Convention and that measures will be taken to this effect in the very near future.

The Committee notes the Government’s commitment in this respect and trusts that it will be in a position in its next report to announce that Act No. 63-4 on the use of persons for the purpose of promoting the country’s economic and social development and the Decree implementing the Act have been repealed or amended so that the powers of requisitioning are limited to circumstances endangering or likely to endanger the lives or normal living conditions of the whole or part of the population.

Trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual and labour exploitation. In particular, the Committee asks the Government to indicate, if applicable, whether legal proceedings have already been initiated against the perpetrators of such practices, stating the legal provisions on the basis of which these persons are prosecuted and sentences are handed down. Please also indicate the difficulties encountered by the public authorities in this field.