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

With reference to its previous comments concerning discharge of Army, Navy and Air Force personnel, the Committee notes the information provided by the Government in its report of March 1992 as well as the annexed documentation relating to enlistment and discharge of soldiers, sailors and airmen.

The Committee notes the Government's indication that the Services have attempted to be consistent in calculating the duration of obligatory service for personnel having received prolonged and highly expensive training funded from public revenues. The aim has been to make the obligatory service period directly proportional to the period of training and its overall cost so as to avoid disruption to the flow of replacement members with the qualifications and experience required by the Services to maintain operational efficiency and career progression and to ensure the most efficient use of limited training resources.

1. Army. The Committee has noted the minimum conditions of service and notice periods under the Army open-ended enlistment schemes introduced on 1 July 1988. It requests the Government to provide a copy of the texts governing the return of service condition (i.e. MPA, Vol. I, Chap. 15).

2. Navy. The Committee notes that the minimum period of enlistment for an apprentice is eight years. The Committee would request the Government to provide details on the kind of instruction and training received by apprentices and the average and maximum length of such instruction/training.

3. Air Force. The Committee noted previously that under the Air Force Regulations (Article 92(1)(a)(ii) and the Air Force Instructions (DI(AF)PERS 6-1) an airman apprentice engages to serve nine or 15 years and that a person can be enlisted as apprentice at the age of 15 with his parent's consent. Referring to paragraphs 67 to 76 of its 1979 General Survey on the Abolition of Forced Labour where it indicated in particular that a worker's right to free choice of employment remains inalienable, the Committee requested the Government to provide information on the measures adopted or envisaged to preserve the right of apprentices, especially those engaged under the age of 18 years, to leave the service after a reasonable time.

The Committee notes the Government's indication in its report that the initial engagement period of nine years is reasonable, as attested by the large number of candidates who, in joining the Air Force, are aware that their training entails a service obligation. The Government also states that this period is consistent with periods in other Arms and that applicants under the age of 18 are interviewed confidentially and countersign their parents' acceptance. Referring also to the notice engagement scheme, introduced in September 1989, the Government adds that the scheme applies to apprentices who have completed their initial nine-year engagement.

The Committee observes that, according to the Army Regulations, the initial engagement period might not only be nine but 15 years, whereas the period of training received by an apprentice amounts to four years (Instruction DI(AF)PERS 6-1).

The Committee notes the Government's indication that a replacement scheme is being determined by the Air Force. The Committee hopes that the Government will indicate measures adopted or envisaged to preserve the right of apprentices to leave the service after a certain time, in a reasonable proportion with the length of training received.