Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. With reference to its observation under this Convention, the Committee notes that in its comments the International Confederation of Arab Trade Unions refers to the following texts:

- section 1 of Royal Decree No. 12/2/23/2639 of 21 June 1956, which prohibits, under penalty of imprisonment for one week, all salaried employees and wage-earners working in a subcontracting enterprise and in private establishments engaged in an activity of public utility or undertaking government projects, to leave their work or refuse to perform it, when such a situation is the result of an agreement between three or more such persons. Any person who is convicted of having incited salaried employees and wage-earners, by their acts or words, to stop work is punishable with imprisonment for one year, even if their incitation was without effect or the work stoppage failed. Under the terms of section 2 of the same Decree, the salaried employees and wage-earners in the above enterprises may not participate in a demonstration or strike in support of their claims, under penalty of imprisonment for at least one year, or at least two years for inciting workers to demonstrate or go on strike;

- section 191 of the Penal Code, by virtue of which an employer, the head of a project, a salaried employee or wage-earner who stops work with the intention of exerting pressure on the public authorities or protesting against a decision or an act of those authorities instead of resorting to legitimate means, shall be punished by a prison sentence of from two to six years or a fine of 1,000 riyals or both.

In reply to the comments of the International Confederation of Arab Trade Unions, the Government states that it has always fulfilled its constitutional obligations by supplying the reports required under articles 19 and 22 of the Constitution of the ILO. The Government rejects all the allegations made by the above organization and emphasizes that they relate to old matters, some of which go back nearly 40 years.

The Committee takes due note of these indications. It requests the Government to state whether the above legislative provisions are still in force and, if not, to supply the texts which repealed or amended them.

2. In its previous comments, the Committee noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply the text of any regulations issued under section 39 of the above Decree, and particularly provisions respecting the penalties applicable in the event of violations. It also requested the Government to supply the text of the Penal Code and any other relevant text.

The Committee hopes that the Government will supply the texts which it requested, and the text of the Prison Regulations or any other text relating to the question of prison labour.