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

The Committee notes the Government's report.

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also noted that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that an independent Human Rights Commission was hearing evidence on human rights abuse in the country up to January 1986 and that there was a Law Reform Commission charged with review of all legislation. The Government stated that the Community Farm Settlement Decree, 1975, was one of the pieces of legislation to be brought before the Law Reform Commission.

The Committee notes the Government's information in its latest report that it is in the process of re-examining the said Decree, which remains unimplemented, and that the general policy suggested by the Decree has been abandoned.

The Committee hopes that the Government will soon report that the necessary measures have been adopted to repeal the Decree so as to bring legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee notes that the Government's report contains no information on the questions raised in its previous direct requests in relation to the resignation by members of the Armed Forces. The Committee hopes that the Government will provide full information on the following points:

The Committee noted that according to the provisions of section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years. Referring to paragraphs 67 to 73 of its General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that the army was undergoing reorganisation and, therefore, the required information would be supplied when the process is completed. The Committee looks forward to examining this information and requests the Government to also include in its next report copies of any newly adopted statutory instruments governing the conditions of service of career military officers and enlisted staff.