Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the information provided by the Government in its report.

1. Referring also to its observation under the Convention the Committee notes that regulation 41 of the Preservation of Public Security Regulations was repealed by the Public Security (Amendment) (No. 2) Regulations, 1993. The Committee has noted information according to which the Public Security (Amendment) (No. 2) Regulations, adopted on 4 March 1993, would have been challenged in court. The Committee would appreciate if the Government would indicate whether the Public Security (Amendment) (No. 2) Regulations, 1993, were held valid and, if this was not the case, provide information on any measures envisaged to repeal regulation 41.

2. The Committee requested the Government to provide information on the practical application of the National Service Act and any statutory instruments issued under section 7, subsection 2, and section 9 of the Act. It also requested information on any measures taken or contemplated in relation to national service, particularly in the light of the Special Youth Schemes Recommendation, 1970 (No. 136).

The Committee notes the Government's indication in its report that the general view of the Act was to offer young people skills as there were reduced employment opportunities (vocational training in such trades as agriculture, carpentry, metal work, animal husbandry, construction work) and provide them also with skills to defend the country against hostile incursions. This programme was discontinued as from 1982 and from that period on there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The scheme had its disadvantages as it drained on the limited financial resources and the young persons did not use meaningfully the skills acquired during their service. The Government states that the scheme is dying out.

The Committee hopes that the Government will provide information on measures taken or envisaged to repeal the Act so as to bring legislation in conformity with the indicated practice.

3. The Committee noted that pursuant to Act No. 22 of 1991 (second schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Committee asked the Government to supply information on any such schemes adopted, including a copy of any legal texts establishing such schemes.

Furthermore, the Committee also requested the Government to provide information on the application of article 14(3)(e) of the Constitution of 1991.

As concerns Act No. 22 of 1991 the Committee notes the Government's indication in its report that communities in their local council areas have the civic responsibility to respond to schemes aimed at improving their social well-being, that the community is expected to participate in measures aimed at eliminating diseases and maintain a healthy environment and that these are civic responsibilities bestowed on persons living in the council areas as most councils have limited resources to fully service the needs of the community.

In relation to the constitutional provisions the Committee notes the Government's indication that community leaders sometimes call up their communities to carry out certain civil duties such as building and maintenance of water supply, roads, clinics, schools, etc., projects which are aimed at providing social services beneficial to communities.

The Committee refers to paragraph 34 of its 1979 General Survey on Forced or Compulsory Labour, where it noted that three exceptions provided for by the Convention refer to normal civic obligations among which minor communal services, as provided for in Article 2, paragraph 2(e), of the Convention. In paragraph 37 of the same Survey the Committee has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services. These criteria are as follows:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee again requests the Government to provide information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement and participation in community development as well as information on the measures taken to ensure the observance of the Convention taking into consideration the above criteria.