Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

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

1. Freedom to leave the service of the State. In its previous 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 11A 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 similarly had 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 authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Government having stated that in practice both naval and police officers were free to put in their resignations and that unless there were serious impediments which may prevent their resignations being accepted, such officers were allowed to leave after the expired term of notice, the Committee requested the Government to provide information on such terms of notice for officers as well as for ranks, and on the criteria used in evaluating the serious impediments which may prevent resignations being accepted, and to provide copies of any rules or regulations applicable in this regard.

The Committee notes the Government's statement in its report 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 further notes the Government's indication that the impediments referred to are the rare occasions where the country is faced with a threat of a breakdown in law and order; on such occasions the acceptance of the resignation may be deferred until the situation returns to normal.

The Committee would request the Government to provide a copy of the provisions laying down the mandatory notice of one month.

2. The Committee had requested 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.

The Committee notes the Government's indication that this information has been requested from the army and will be sent as soon as it is obtained.

3. The Committee previously noted that under regulation 66(1) of the Draft Prisons Regulations, which have not been promulgated yet, convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority. The Committee pointed out that Article 2(2)(c) of the Convention not only provides that prison labour shall be performed under the supervision and control of a public authority, but that prisoners shall moreover not be hired to or placed at the disposal of private individuals, companies or associations. The Committee, however, indicated that arrangements under which prisoners may voluntarily accept employment with private employers, subject to guarantees as to the payment of corresponding wages, etc., would not fall within the scope of the Convention. The Committee noted from the Government's previous report that the Prisons Authorities stated that it is not permissible to hire prison labour to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly, under the draft Prisons Regulations, that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship, and that the Government would indicate the action taken to this end.

The Committee notes the Government's indication it its report that its request has been communicated to the Ministry of Justice for review. It hopes that the Government will provide information on any measures adopted or envisaged in this regard.