Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service. The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as in point 2 of its observation under the Convention, the Committee recalled that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peacetime within a reasonable period.

In its report for the period ending June 1989, the Government added that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observed that the protection of the Convention is not limited to industrial workers but extends to all persons.

The Committee hopes again that the Government will supply in its next report detailed information on service in the armed forces, including copies of laws and regulations governing the terms of service, in particular regarding the terms of enlistment and the conditions for resigning from the service.