Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee takes note of the information supplied by the Government in its report.

Article 2, paragraph 2(c), of the Convention. 1. In earlier comments, the Committee noted that section 3 of Act No. 22/84 of 29 December 1984 to organise prison labour, provides that prison labour is compulsory for all convicted persons and includes, by virtue of section 4, both inside and outside work; the hiring of prisoners to private individuals or associations is allowed for outside work provided that prison labour does not compete with free labour. The Committee drew attention to the fact that Article 2, paragraph 2(c), forbids prison labour to be hired or placed at the disposal of private individuals, companies or associations.

The Committee notes the Government's indications in its report to the effect that the question of the above provisions of section 4, which are contrary to the Convention, is under study and that it will report the measures that are taken to the Committee. The Committee refers to paragraphs 97 to 101 of its General Survey of 1979 on the Abolition of Forced Labour, in which it indicates that the employment of prisoners by private employers is compatible with the Convention only within the context of a free employment relationship, i.e. with the agreement of the person concerned and subject to guarantees regarding wages, etc. The Committee requests the Government to provide information on the provisions adopted to bring the legislation into conformity with the Convention in this respect, either by prohibiting prisoners being placed at the disposal of private individuals or associations, or by introducing all the guarantees of a free employment relationship.

Freedom of workers in the service of the State to leave their employment

2.(a) In its earlier comments, the Committee noted the provisions of Act No. 9/85 of 29 January 1986 establishing the general conditions of service of members of the armed forces. With regard to career servicemen, officers and non-commissioned officers, the Committee noted that under section 100 of the Act, the service of a career member of the armed forces shall be terminated, inter alia, upon the acceptance, in accordance with the rules, of his resignation. By virtue of section 101, in cases where a career member of the armed services has not completed the period of service that is required for entrance into military colleges, or if he has received specialised training and has not completed the period of service for which he undertook to remain in service, his resignation shall not be accepted, except on exceptional grounds. The Committee requested the Government to provide information on the period of service for which a commitment is required in order to be able to enter a military college, on the length of service required of those who have received specialised training, and asked it to supply the relevant legal texts.

With regard to reserve officers, the Committee noted that under section 104 of the Act, reserve officers may be admitted under contract to serve for a fixed and renewable period not exceeding 20 years, and asked the Government to supply information on each period of engagement, the procedure for its renewal, the possibility of resigning before completion of the contract and the criteria that may be applicable in such cases, and also requested it to provide the text of any Decrees establishing the conditions of service of reserve officers and non-commissioned officers issued under section 129 of the Act.

The Committee notes the information supplied in the Government's report, to the effect that a number of texts have been issued under the Act and are now in force, but that no regulations have yet been issued to govern the status of reserve officers and non-commissioned officers.

The Committee expresses the hope that the Government will provide information in reply to the questions it raised previously concerning both career officers and non-commissioned officers, and reserve officers and non-commissioned officers, and any relevant texts including the Decree issued under section 129 of the Act as soon as it has been adopted.

(b) The Committee notes the provisions of Decree No. 000352/PR/DGNACSP of 23 March 1988 establishing special status for servicemen engaged under contract for voluntary service. The Committee observes that under section 2, the initial engagement is for a minimum period equal to the period of active service plus one month, and not exceeding 12 years. The Committee refers to its previous request and again asks the Government to provide the texts governing active military service.