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

Article 1 (b)

1. In earlier comments, the Committee has referred to Act No. 1253 (Youth Labour Army), the General Military Service Act (No. 1255), Decree No. 3732 issued under the General Military Service Act and the Military Offences Act (No. 22). The Committee pointed out that, under the above laws, young persons who are not called up for active military service are incorporated in the Youth Labour Army, that such persons are subject to the General Military Service Act and that the time spent in the Disciplinary Units of the Youth Army is not counted for purposes of active military service. The Committee noted that the duties of the Youth Army include the performance of productive agricultural work and work of any other kind decided by the revolutionary Government in accordance with national development plans. The Committee also pointed out that Act No. 1253 provides for the incorporation, as graduates, of young students in the manner to be laid down by the Social Service Act (No. 1254).

The Committee recalled in this connection that when the International Labour Conference was examining the draft Special Youth Schemes Recommendation in 1969, it reaffirmed the incompatibility with the Conventions on forced labour of programmes involving the compulsory participation of young persons, whether under military service or not, in activities devoted to the development of the country.

The Committee notes from the indications in the Government's report, that its comments have been submitted to the competent authorities and are still being examined. The Committee asks the Government to continue providing information on this matter.

2. In earlier comments, the Committee referred to the Social Service Act (No. 1254) of 2 August 1973 and to the regulations issued under it by Decree No. 3771 of 5 June 1974, by virtue of which, Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary school teachers are obliged to perform social service in accordance with the planning and priorities laid down by the Government in respect of development tasks. The service in question lasts three years and is to be performed at the place and in the post for which the graduate is intended, and his personal and family circumstances are taken into account.

The Committee observed that unwarranted refusal to perform social service entails temporary or permanent disqualification from the exercise of the profession, which is recorded in the work-book of the person concerned, and the reporting of his refusal to perform social service, in the case of men, to a Military Committee. In addition, disqualified graduates are obliged to perform service during the three years of temporary disqualification in tasks that do not correspond to the post or responsibility of their professional work, on pain of being considered, for purposes of their application for rehabilitation, to have failed to observe a correct conduct.

In its report, the Government states that the provisions concerning temporary or permanent disqualification from the exercise of the profession are not applied at present, as basic occupational and technical training is now provided thanks to the increase in the number of universities and training centres, thus precluding the mobility of the workforce.

The Committee takes note of these indications and asks the Government to provide information on any measures that have been taken or are contemplated to align the Social Service Act and its regulations with the Convention and the practice described by the Government.

3. With reference to sections 73(1)(c), 73(2) and 80 of the Penal Code, under which persons whose conduct is antisocial are subject to re-educational work; sections 103(1)(a)(b) and (2), 115 and 204 of the Code, concerning freedom of expression and sections 220 to 222 concerning labour discipline, the Committee notes the information provided by the Government in its report to the effect that any sentences of re-educational work imposed for violations of these provisions are subject to the person sentenced being willing to perform such work.