Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. In comments made for a number of 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 to leave such settlement without consent. The Committee noted the Government's indication in its report received in 1995 that a Law Reform Commission had been put in place and the Community Farm Settlement Decree was one of the laws considered for deletion. The Committee looks forward to learning of the repeal of the Decree.

2. The Committee again expresses the hope that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under 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.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the abolition of forced labour, the Committee again hopes that the provisions to be adopted will 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. It again requests the Government to provide information on action taken in this regard.