Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its earlier comments the Committee requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee noted the Government’s statement in its 1999 report that no statutory instruments have been issued under these sections. The Government reaffirms in its latest report that there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee previously noted the Government’s intention to review the Act, in view of the Government’s perception of there being no external threat to the well-being of the country. The Committee therefore expresses firm hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991) schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee notes the Government’s repeated statement that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government also indicates in its latest report that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

The Committee refers once again to paragraph 37 of its 1979 General Survey on the abolition of forced labour in which it has drawn attention to the criteria determining the limits of the exception of minor communal services, as provided for in Article 2, paragraph 2 (e), of the Convention. These criteria are not only that:

-  the members of the community or their direct representatives must have the right to be consulted in regard to the need for such services; in addition,

-  the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself; and

-  the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group.

The Committee therefore requests the Government once again to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.