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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Prison work. Referring to its observation on the Convention and to the explanations given in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee hopes that, in accordance with Article 2, paragraph 2(c), of the Convention, the necessary steps will be taken either to make it unlawful for prison labour to be hired to or placed at the disposal of private individuals, companies or associations or to ensure that prisoners' work in the service of private individuals or bodies is carried on under the conditions of a free labour relationship: that is to say, it must depend on the consent of the persons concerned and on the existence of the appropriate safeguards, in particular with regard to wages and social security.

Noting the information given by the Government in its report to the effect that detainees themselves ask to be taken out on fatigues, the Committee again expresses the hope that the Government will embody the conditions spelt out above (consent and necessary safeguards) in legislation or regulations.

2. Freedom to leave the service of the State. In its previous comments the Committee noted that, under Law No. 80/12 of 14 July 1980, officers recruited through competitions signed an undertaking of indefinite duration, which meant that in practice they were obliged to serve until they reached the age limit for their rank, since applications for release were only accepted on exceptional grounds.

The Committee noted the information given by the Government in its report for the period ending 30 June 1992 to the effect that, according to sections 53 and 55 of the aforementioned Law, the resignation of career military personnel may be accepted on the following grounds: the career soldier is recognised as the family breadwinner; he is to succeed his father, especially if his father is a traditional Chief; or he thinks he will have a better chance in an elective office.

The Committee, referring again to paragraphs 67-73 of its General Survey of 1979, points out that persons in the service of the State, including career military personnel, should have the right to leave the service in peace time within a reasonable time, either at specified intervals or by giving notice, subject to the conditions that may normally be imposed to ensure continuity of the service.

The Committee again expresses the hope that the Government will indicate the measures taken or contemplated to ensure that career military personnel may leave the service within a reasonable period.