Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information contained in the Government's report.

Recalling that its previous comments concerned the need to repeal the provisions requiring public servants to respect the revolutionary order under penalty of disciplinary sanctions set out in Zatu No. AN VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service (sections 6, 7, 9, 36 and 46), the Committee notes the Government's statement to the effect that the revision of the general conditions of service of the public service has not yet taken effect but that, as soon as it has, the comment on the need to repeal the above-mentioned provisions will be taken into account in the new text. Despite the Government's statements, the Committee nevertheless expresses its concern that the provisions in question are still in force and that the possibility of disciplinary sanctions still exists. It therefore asks the Government once again to repeal or amend these provisions which are contrary to Article 3 of the Convention.

Furthermore, the Committee draws the Government's attention to sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of civil servants and state officials regarding the Government's right to requisition in the event of a strike by civil servants. The Committee considers it necessary to restrict the public authorities' powers of requisition to cases in which the right to strike can be limited or prohibited, namely to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis (see paragraphs 152 and 159 of the 1994 General Survey on freedom of association and collective bargaining).

The Committee requests the Government to keep it informed in its next report of any change in the situation, either in law or in practice and, in particular, to indicate the measures taken to repeal or amend sections 6, 7, 9, 36 and 46 of the general conditions of service of the public service of 26 October 1988 and sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 governing the right to strike of civil servants and state officials, and to supply it with the new text on the revision of the general conditions of service of the public service to enable it to examine its conformity with the requirements of the Convention.