Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the Government's reports.

1. Article 1(1) and Article 2(1) and (2), of the Convention: Use of conscripts for non-military purposes. The Committee had referred in its earlier comments to Act No. 76 of 1973 as amended by Act No. 98 of 1975 concerning general (civic) service of young persons. The Committee had referred to its 1979 General Survey on the abolition of forced labour (paragraphs 49-62) and recalled that the Conference, while adopting Recommendation No. 136 on special youth schemes, 1970, had rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it. The Committee notes from the Government's report that it believes that the services defined by the said Act are considered social and rural services provided for the direct interest of the local community and that the members of the local community are represented in the local committees which determine the areas of work, its organization and follow-up. Moreover, the joining of the programmes of general (civic) service is voluntary as any graduate may apply for an exemption from the service.

While noting these explanations, the Committee considers that a service cannot be deemed voluntary by the fact that a person may apply for exemptions. The Convention encompasses work or service for which people have not offered themselves voluntarily. The Committee further considers that although the young people concerned may render services useful to the local population under the Act on general civic service, these could come under the definition of minor communal services only if performed by the members of the community concerned, as stipulated in Article 2(2)(e). The Committee therefore again invites the Government to take measures to bring its legislation into full conformity with the Convention on that point, for example by amending the law so as to ensure that the enrolment of young people in the civic service programme is based on their voluntary participation.

2. Article 25 of the Convention. The Committee has previously referred to article 13 of the Constitution and section 375 of the Penal Code, which do not provide for specific penal sanctions for the illegal exaction of forced or compulsory labour. It observed that section 170 of the Labour Code, which prohibits the employer from requiring the work not agreed upon in the employment contract, only covers workers who fall within the scope of the Labour Code.

The Committee takes due note of the Government's statement that the right of any person to work includes the right to perform or not perform a job in total freedom. Recourse to force to perform a job is considered a flagrant violation of the right to work. The Committee invites the Government to take steps to bring its practice and legislation into full conformity with the Convention and to take measures for example to extend the specific protection offered by the Labour Code to all labour relations or by adding forced labour specifically in the Penal Code by, for instance, amending the above-mentioned section to that effect. The Committee asks the Government to provide full and detailed information in its next report on the measures taken in the matter.

3. Resignation in the service of the army or in the public service. The Committee had asked the Government to provide information on the practical application of section 141 of Act No. 232, and to provide information on the criteria applied in accepting or refusing a request for resignation along with information on the acceptance in practice of such requests. The Committee notes that a copy of the above-mentioned texts has been received. However the requested information is not contained in the Government's report. The Committee asks the Government to provide detailed information with its next report.