Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of career military personnel to leave their service. Over a number of years, the Committee has been requesting the Government to supply details regarding the criteria applied in accepting or rejecting a resignation submitted by a person wishing to resign from the army in accordance with the requirements laid down by Law No. 32 of 1967 (sections 104 and 105). The Committee noted that it is the obligation of the person seeking to resign to continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation which otherwise complies with the requirements of sections 104 and 105. It noted that neither section 104 nor 105 establishes the criterion used for deciding whether a resignation presented in compliance with the conditions laid down in these provisions will or will not be accepted.

As the Committee repeatedly pointed out, referring also to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Having noted the Government’s indication in the report that there have been no new developments on this subject, the Committee requests the Government once again to indicate clearly the criteria applied in accepting or rejecting a resignation presented in conformity with sections 104 and 105 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.