Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.