Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the Government’s report.

1. Article 1(d) of the Convention. Resignation of public officials. The Committee notes section 87 of the Penal Code, which provides that:

Public officials who after deliberation 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 of section 87 in practice, as well as any court decision handed down under this provision, so that it can assess its scope and conformity with the Convention.

2. Article 1(d) of the Convention. 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 proceed 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". The Committee also notes that, under section 12 of Act No. 81/028, strikers who refuse to comply with a requisition order are held penally responsible.

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 worded too broadly. It recalls 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 (paragraph 545 of the Digest of decisions and principles of the Committee on Freedom of Association). The Committee recalls that it had already raised the above point in an observation relating to Convention No. 87 and that the Government indicated in its latest report on Convention No. 87 that the Council of Ministers would examine the matter very soon.

With regard to section 12 of Act 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.

3. The Committee requests the Government to provide copies of laws and regulations respecting the following points:

-  freedom of assembly and demonstration;

-  freedom of the press;

-  the structure and organization of the national defence forces; and

-  Ordinance No. 93.008 of 14 June 1993 issuing the general conditions of service of the public service, and Act No. 99.016 amending and supplementing the provisions of Ordinance No. 93.008.