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In earlier comments, the Committee referred to section 6(5) of Presidential Decree No. 92-44 declaring a state of emergency and conferring on the Minister of the Interior and Local Communities the power to requisition workers to carry out their usual occupational activities in the event of an unauthorized or unlawful strike. Section 5 of the Decree allows the Minister of the Interior to order the detention in a security centre of any person whose activities cause a breach of the peace or endanger public security or the proper functioning of public services.

The Committee noted that the state of emergency declared for a period of 12 months from 9 February 1992, pursuant to Presidential Decree No. 92-44, had been extended indefinitely by Legislative Decree No. 93-02 of 6 February 1993, extending the duration of the state of emergency, and that it was still in force.

The Committee noted that in its report of October 1999 the Government stated that orders issued by the Minister of the Interior, responsible for administering the state of emergency (detention measures, security centres) had been repealed and that the detention centres were closed while the state of emergency was still in force.

Noting the information in the Government’s report that the state of emergency is still in force, the Committee requests the Government to continue to provide information on the application in practice of Presidential Decree No. 92-44 and Executive Decree No. 92-75.