SENEGAL-JUSTICE-TRAVAIL / The right to strike and the preservation of public order are not contradictory, according to a labor inspector – Senegalese Press Agency

Dakar, January 16 (APS) – The concepts “right to strike” and “preservation of public order”, on the menu of the solemn re-entry of Courts and Tribunals 2025, are not contradictory, as long as limits are set for their exercise, estimates the executive secretary of the High Council for Social Dialogue, Oumar Fall.

”These two notions are not contradictory. Because, in the normal course of things, the working social partners will always express, at all times and in all places, a legitimate aspiration for better well-being. Therefore, the difficulty will lie in determining the limits beyond which there is danger in the matter as far as the company or public service concerned is concerned,” he declared.

The executive secretary of the High Council for Social Dialogue spoke during an interview with the APS as a prelude to the formal hearing for the return of the courts and tribunals scheduled for this Thursday.

This ceremony, which marks the start of the 2025 judicial year, is being held at the Supreme Court, under the presidency of the Head of State, Bassirou Diomaye Faye, president of the Superior Council of the Magistracy, in the presence of the vice-president of the Superior Council of the Magistracy, Ousmane Diagne, Keeper of the Seals, Minister of Justice, senior officials of institutions of the Republic, among others.

It is placed under the theme: “Right to strike and preservation of public order”.

The right to strike is enshrined in Article 25, paragraph 4 of the Constitution, while the exercise of the right to strike is regulated in the Senegalese Labor Code.

According to Oumar Fall, who is also a Labor and Social Security inspector, the use of this right can only be exercised, on the one hand, only within the framework of the laws which govern it, and on the other hand, that without infringing on freedom of work but also and above all in ways which do not endanger the company and disturb public order.

In the same way that the Constitution guarantees the right to strike, it also preserves the security of people and property.

”It is at this level that the legislator and the public authorities should, through the law and the regulatory power, ensure that users of the public service cannot suffer disproportionate harm due to the exercise of the right to strike,” suggests the executive secretary of the High Council for Social Dialogue.

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