Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

In comments received at the Office in November 2008, the General Confederation of Labour–Liberty (CGT–Liberté) states that the low level of the minimum wage (SMIG), the non-application of collective agreements, the inadequacy of labour inspection resources and the low level of benefits – which have remained unchanged since 1969 – combined with the soring cost of living in the country make it impossible to give effect to the provisions of the Convention. In this respect the Government should make efforts within a reasonable period of time to make considerable increases to the level of benefits and conclude the reform of the social security system launched in 2003.

In its reply to the above comments, the Government emphasizes that the new minimum wage rate is the fruit of a consensus reached between employers’ and workers’ representatives in which CGT–Liberté participated in 2008. It should also be pointed out that the training of labour administrators and controllers at the National Academy for the Administration and Judiciary has recently resumed and that the resources made available to the inspection services will be increased as and when the budget allows it. As regards the reform of the social security system, the Government indicates that Order No. 159/PM of 4 November 2008 established an inter-ministerial committee which was extended to include the social partners and which completed its work in the 90 days allocated and presented it to the higher authorities for arbitration.

The Committee duly notes this information and strongly encourages the Government and the social partners to continue to work towards strengthening the social security system through social dialogue. The Committee cannot over-emphasize the need to allow social dialogue to achieve optimal results with a view to enduring adequate social protection to the public. This protection has become all the more necessary in times of crisis. Furthermore, recalling that Article 3(c) of the Convention requires benefits to be paid which are sufficient for the full and healthy maintenance of the woman and her child, the Committee requests the Government to state in its next report, particularly by means of statistical information, the manner in which effect is given in practice to this provision.

Moreover, the Government is requested to reply in its next report to the Committee’s previous comments, which read as follows:

The Government states in its report that the national legislation, particularly the Labour Code, Act No. 67-LF-7 of 12 June 1967 promulgating the Family Benefits Code and the Civil Service General Regulations, is on the whole ahead of the Convention. In April 2008, the experts of the Inter-Ministerial Committee responsible for monitoring and evaluating the application of ILO Conventions, recommended that the Government ratify the Maternity Protection Convention, 2000 (No. 183). The Committee observes that this recommendation is fully in keeping with the objectives of the social security reform which the Government is at present carrying out with a view to modernizing the system and reinforcing social security protection. The Committee encourages the Government to align its international commitment with the level of protection afforded by the national legislation by ratifying Convention No. 183 which represents the most up to date standards of the ILO in this area. The Committee also reiterates the hope that the Government will pay attention to the situation of women workers who do not fulfil the sixth-month qualifying period for entitlement to the daily maternity allowance granted under section 25 of Act No. 67-LF-7 and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970, and will consider the possibility of affording them appropriate benefits out of public funds (as part of an assistance scheme, for example).