Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In its previous comments, the Committee noted that under sections 2 and 3 of Order No. 12/75 of 15 October 1975 an Emergency Industrial Committee is empowered to call up the technicians of public or private undertakings for the period considered necessary for the solution of problems.

The Committee notes the Government's indications in its report, to the effect that Order No. 12/75 is no longer in force as section 64 of the Constitution repeals any legislation not consistent with it. It requests the Government to indicate the measures taken or under consideration to bring the repeal of Order No. 12/75 to the notice of the public either in an official document or by any other means provided for in the national legislation.

2. In its previous direct request, the Committee noted that under section 2 of Order No. 44/83 of 21 May 1983, the recruitment of workers whose occupation meets the training needs of the special youth brigades is to take the form of a call-up, the worker being assigned to one of the brigades for a period of 90 days. The Committee also noted the Government's statement to the effect that the steps to be taken upon these comments were to be examined by the Youth, Health and Labour Committee of the People's Assembly, and requested the Government to provide information on the practical application of the Order in question.

The Committee notes the indications in the Government's report, to the effect that call-up is a civic and patriotic act; that no penalties are provided for in cases of refusal; that the period of call-up is limited to 90 days, and that persons called-up continue to receive their wages for the duration of the call-up period and therefore suffer no losses.

The Committee refers to paragraphs 63 to 66 of its General Survey of 1979 on the abolition of forced labour in which it pointed out that, although the Convention exempts from its scope any work or service exacted in cases of emergency, under Article 2, paragraph 2(d) of the Convention, the exemption is restricted to work or service exacted in circumstances that would endanger the life, personal safety or health of the whole or part of the population.

As no penalty is provided for in the case of a refusal to comply with a call-up order, the Committee requests the Government to report the measures taken or under consideration to give statutory effect to the voluntary nature of the call-up provided for in Order No. 44/83, thereby bringing the legislation into conformity with the Convention and with the practice mentioned by the Government.

The Committee asks the Government to supply the texts of any call-up orders that may have been issued.

3. The Committee again requests the Government to provide with its next report the text of the Prison Rules (Normas e procedimentos do Regime progressivo) of 1 June 1977, and the texts of all laws and regulations (except for Act No. 12/82 respecting military service) governing the conditions of engagement in the armed forces.