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

1. The Committee notes the Government's statement in its latest report that section 712 of the Islamic Penal Code adopted on 23 May 1996 has replaced section 273 of the old Penal Code. It also notes that the new section 729 of the Islamic Penal Code repeals all laws which are contrary to the new Code. The Committee would be grateful if the Government would indicate, in its next report, whether the old Penal Code remains in force. If it is still in force, please indicate whether section 273bis of the old Penal Code, under which any person who does not have definite means of subsistence and who, whether through idleness or through negligence, does not look for work may be obliged by the Government to take employment, has been replaced or repealed. Please supply a complete text of the Islamic Penal Code adopted on 23 May 1996.

2. With reference to its earlier comments concerning the freedom to leave the service of the State, the Committee has noted the Government's explanations in the report received in 1993 relating to sections 60 and 64 of the Civil Servants Code and section 65 of the Employment Regulations for State Companies. Contrary to its previous statement, the Government indicates that the aim of prevention of a person concerned from being unemployed cannot be used as a criterion for taking a decision to refuse an application to resign. While noting the Government's statement that the above-mentioned provisions concerning a possibility to refuse an application to resign are very rarely applied in practice, the Committee repeats its request to the Government to indicate the provisions establishing the criteria for decisions on acceptance of resignations and to supply the relevant texts.