Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on the application of the Convention in practice which refer in particular to the requisitioning of airport services during a general strike in June 2007. In its reply of October 2008, the Government denies the use of requisitioning in airport services or any other sector.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee recalled the need to amend section L.229 of the 1992 Labour Code in order to limit the power of the Minister of Labour to resort to arbitration to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer some disputes to compulsory arbitration, not only where they involve essential services the interruption of which is likely to endanger the life, personal safety or health of the population, but also where the dispute is liable to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes that in its report, the Government states that a draft amendment has been prepared and is to be submitted to the Higher Labour Council. The Committee trusts that the Higher Labour Council will shortly examine the draft amendment of section L.229 to bring this provision into line with the Convention. It asks the Government to indicate in its next report any progress made in this regard.

The Committee’s previous comments also addressed the matter of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensible to the maintenance of a minimum service in the event of a strike in the public service, which had not been submitted for consultation to the social partners at the preparation stage and which was inconsistent with the requirements of the Convention. The Committee notes the information that a draft revision of the Decree is being prepared in consultation with the social partners. The Committee trusts that the draft revision of Decree No. 90-562 P-RM of 22 December 1990 will be adopted shortly, in consultation with the social partners concerned. The Committee requests the Government to indicate in its next report any new developments in this regard.