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

The Committee notes the information contained in the Government's report. The Committee recalls that its previous comments concerned sections 1,3, 4 and 5 of Legislative Decree No. 92-03 of 30 September 1992 on combating subversion and sections 43 and 48 of Act No. 90-02-90 on compulsory arbitration.

The Committee notes, first, that the Government reiterates the reply given in its previous report, namely that Legislative Decree No. 92-03 of 30 September 1992 bears no relationship to the occupational sector and implies no risk of impairment of the right of workers' organizations which comply with legislation and regulations on trade union law to organize their activities and formulate their action programmes. The Committee also notes that 410 strikes affecting over 130,000 workers were recorded during 1995. Nevertheless, the Committee asks the Government once again to supply in its next report information on the application in practice of section 1, read in conjunction with sections 3, 4 and 5, of Legislative Decree No. 92-03, since this provision provides for life imprisonment for any action which aims "to obstruct the operation of establishments providing public services" or "to impede traffic or freedom of movement in public places or highways". The Committee requests the Government to send it the text of any legal decision handed down on this matter. In addition, it asks the Government to take the necessary measures to ensure that these provisions cannot be applied to legitimate trade union activities.

While noting with interest that, according to the Government, the Arbitration Commission has never been invoked to put an end to a conflict, the Committee recalls, nevertheless, that the power conferred on the minister or the competent authority by section 48 of the Act to refer an industrial conflict to the Arbitration Commission should be used only at the request of both parties and that the imposition of arbitration to put an end to a strike should be used only in the case of a strike in essential sectors in the strict meaning of the term or for strikes whose extent and duration risk causing an acute national crisis. It therefore requests the Government to amend its legislation so as to bring it into conformity with the principles of freedom of association.