Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. Freedom to leave the service of the State. Further to its comments on regulations 151 and 152 of the Civil Service Regulations, the Committee takes note of the information supplied by the Government.

2. The Committee notes a number of texts provided by the Government in reply to its requests, governing the length of service of members of the armed forces and the conditions for resignation.

It notes that the contracts for studying and training, of which the Government sent a copy, specify that the beneficiary must undertake to serve for a period of at least four times the length of the study or training period. During that time, the persons concerned may resign if they repay the costs and financial benefits; certain texts require repayment in a lump sum.

The Committee asks the Government to provide information on the practical application of these provisions.

3. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, issued under the Prisons Act, No. 33 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorization of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee drew the Government's attention to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.

The Committee noted certain particulars provided by the Government, but pointed out that they did not answer the question raised by section 8(e) of the Prison Regulations referred to above. The Government did not address this matter in its 1991 report. Consequently, the Committee again asks the Government to state the measures taken to ensure compliance with the above-mentioned requirements of the Convention.