Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s reply in its latest report to the Committee’s request for information on the application of sections 103 and 105 of the General Public Service Statute concerning in particular the reasons for the competent authority to accept or refuse a resignation and on the type of disciplinary sanctions provided. The Government indicates that the freedom of public servants to leave their employment constitutes normal practice following the institution of the system of voluntary departure and granting of non-active status. The Committee requests the Government to supply a copy of the legislative texts relating to the system of voluntary departure and granting of non-active status.

The Committee requests the Government to take the necessary measures to bring national legislation into conformity with the Convention, by repealing or specifically amending the abovementioned provisions so that there is no ambiguity in regard to their application and the law reflects a practice which, according to the Government, is already in force.

2. The Committee notes the information supplied by the Government in its report regarding the creation of "bypasses" (bretelles)- in rural communities which enable citizens to exploit their harvests or, often, prevent bush fires which could ravage plantations, food crops, etc. - which may be requested at the initiative of either a political authority or an administrative authority. The Committee requests the Government to indicate whether this work is carried out in the direct interest of the community and whether the people who must perform the work have the opportunity to express an opinion as to whether it is justified.

3. The Committee requests the Government to indicate whether the new general public service statute mentioned in previous reports has been adopted and to supply a copy.

4. The Committee notes the final observations of the Committee on the Rights of the Child (CRC/C/15/Add.100) which expresses concern in relation to children victims of sale, trafficking and prostitution (paragraph 10). In the report submitted to the Committee on the Rights of the Child (CRC/C/3/Add.48 of June 1997), the Government refers to sections 289-290 and 299-300 of the Penal Code of 1975 which punishes kidnapping or trafficking, pawning and prostitution of children (paragraph 87).

5. Article 25 of the Convention. By virtue of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to supply information on any judicial procedures brought against persons responsible for trafficking or economic and sexual exploitation of children and any sentences imposed.