Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee previously noted that under section 98 bis of the Self-Defence Forces Law, No. 165 of 1954, graduates from the Self-Defence Medical School (Bôei-Ika-Daigaku) are required to serve nine years in the Self-Defence Force unless they return the expenses of their education.

The Committee takes note of Administrative Order No. 179 of 1954 to implement Act No. 165 of 1954, communicated by the Government with its report, which governs the repayment of training fees. The Committee notes that the amount of the repayments varies according to the year of graduation in accordance with schedule No. 10 to the Order: thus, for example, the amount of the repayment is 19,030,000 yen for persons who graduated in March 1981 and 34,890,000 for those who graduated in March 1989. The amount decreases in proportion to the number of months of service performed after graduation (section 120-15); the repayment must be made within one month starting from the first day of the calendar month following the date of resignation. Repayment in half-yearly instalments over a period not exceeding two years may be authorised for acceptable reasons such as illness of the debtor. If the repayment is not made in accordance with these procedures, a 14.5 per cent per annum interest charge is applied per day of delay (section 120-16). In the event of total or partial physical or mental disablement, the debtor may be exempted from repayment of the whole or part of the amount (section 120-17).

The Committee points out that the repayment of large sums within a short period may prevent graduates from withdrawing from compulsory service, which, in practice, could be tantamount to imposing service by law, which is contrary to the Convention.

The Committee refers to paragraphs 55 to 62 of its General Survey of 1979 on the Abolition of Forced Labour, in which it examines the question of compulsory service linked to training received, and requests the Government to provide detailed information on the practical application of the provisions in question, and in particular on the following points: the number of resignation requests per year over the past ten years, including the proportion of such requests in relation to the number of persons who graduated each year; the number of requests accepted or rejected and the reasons given; the recourse available in the event of a request being rejected; the number of graduates, if any, ordered to resume service for failing to make repayment and any other sanctions applied, and on any measures taken or envisaged to ensure observance of the Convention in this respect.