Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that a report will include full information on the following matters raised in its previous direct request:

1. Article 1(d) of the Convention. Imposition of sentences of imprisonment as a punishment for having participated in strikes. (a) The Committee has noted that, under section 87 of the Penal Code, public officials who intentionally decide to submit resignations, of which the object or effect is to prevent or suspend either the administration of justice or the provision of any service whatsoever, shall be liable to sentences of imprisonment of from one to ten years. The Committee requests the Government to provide information on the application in practice of section 87 of the Penal Code, as well as any court decision handed down under this provision, so that it can assess its scope.

(b) Requisitioning of officials in the event of a strike. The Committee notes that section 11 of Ordinance No. 81/028, regulating the right to strike in public services, authorizes the Government to resort to the “requisitioning of strikers to provide for the needs of the nation or when the general interest so requires or is under serious threat for the maintenance of public services”. Under section 12 of this Ordinance, strikers who refuse to comply with a requisition order are held criminally liable. The Committee notes that the powers of requisitioning, as set out in section 11, which limit or prohibit the right of public officials to strike, are defined too broadly. It recalls in this regard that the power of requisitioning must be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life or well-being of the whole or part of the population – a point which has also been raised by the Committee in its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). With regard to section 12 of Ordinance No. 81/028, the Committee requests the Government to indicate the penalties imposed in the event of refusal to comply with a requisition order and to provide copies of any court decisions handed down under this provision.

2. The Committee requests the Government to provide copies of the texts of laws or regulations concerning freedom of assembly and demonstration, freedom of the press, and general conditions of the public service.