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

The Committee notes the information provided by the Government in its report.

1. Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. Under sections 11(A) and 13(1A), which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee also noted that under section 9(3) of the Navy Act, Cap. 138, a resigning officer or warrant rank shall be discharged as soon as possible, but shall be retained on board the ship to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorized by order of the competent naval authorities in accordance with the regulations under the Act.

The Committee referred to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. While having noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month, the Committee expresses firm hope that measures will be taken to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee again requests the Government to provide information on their application in practice, indicating numbers and circumstances of applications to leave the service accepted or refused. It also requests the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

2. Article 2(2)(c). The Committee notes brief indications concerning prison labour provided by the Government in its report. In its earlier comments, the Committee noted the Government’s statement that it is not permissible to hire prisoners to private individuals or companies. It would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of the current prison regulations.

3. Referring to its 2000 general observation on the Convention, the Committee requests the Government to include in its next report information on measures taken or contemplated, both in law and in practice, to prevent, suppress and punish trafficking in of persons for the purpose of exploitation.