Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, and noted that section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases, only “if it is accepted”. The Committee pointed out, referring also to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement that the Ministry of Labour has requested information in this regard from the Ministry of Defence, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will indicate, in its next report, the measures taken or envisaged to ensure that officers and other career military servicemen have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to a pension. Pending the adoption of such measures, it again requests the Government to describe the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, and the situations where resignations may be either accepted or refused.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee notes the Government’s statement that the Ministry of Labour has requested information in this regard from the Ministry of the Interior, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will soon be able to communicate the information requested.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision. While having noted the Government’s repeated assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, the Committee expresses the firm hope that the Government will be in a position to provide such information in its next report.