Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

1. Article 2, paragraph 2(a). In its previous comments, the Committee referred to the provisions of Act No. 1 of 1945 respecting compulsory military service, under which recruits can be assigned to civic military activities in order to provide assistance to economically weak sectors of the population in programmes such as the building of roads and bridges, the provision of medical services and the construction of houses and schools.

The Committee noted the Government's indications that civic military activities have the dual objective of creating an adequate infrastructure for the purposes of defence and at the same time of benefiting the community that will also make use of it.

The Committee points out once again that the only exception to this provision of the Convention is any work or service exacted in virtue of compulsory military service laws which is of a purely military character. The Committee once again requests the Government to take the necessary measures to ensure that the non-military work carried out by conscripts, whether voluntarily or as part of their training, is explicitly referred to as such in the legislation.

2. Freedom of workers in the service of the State to leave their employment. The Committee notes section 130 of Decree No. 1211 of 1990, the conditions of service of officers and non-commissioned officers in the armed forces; section 113 of Decree No. 1212 of 1990, the conditions of service of officers and non-commissioned officers in the national police, and section 77 of Decree No. 1213 of 1990, the conditions of service of officers in the national police, respecting applications to retire. The above provisions lay down that the retirement of the above persons is granted when, in the opinion of the competent authority, there are no reasons relating to national security or no special operational reasons requiring their continued service.

The Committee requests the Government to provide information on the criteria used by the competent authority as regards reasons of national security or special operational reasons referred to in the above provisions. The Committee also requests the Government to supply information on the time-limit set for the acceptance of applications to retire.