Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. The Committee has been commenting for many years on a number of provisions which are contrary to the Convention. In previous comments, it noted the Government's statement to the effect that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee noted that under sections 93 and 94 of the new Basic Act of 31 December 1990 (Decree No. 250/90) and under Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information provided by the Government in its report in 1992 to the effect that a revision of the laws and regulations had been commenced.

The Committee notes that in its latest report the Government reaffirms its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention.

The Committee hopes that the Government will soon report the progress achieved in bringing the texts which have been the subject of its comments into conformity with the Convention, including sections 71(4), 110, 111, 176 and 177 of the Penal Code.

2. In its previous comments, the Committee referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens.

The Government stated in previous reports that there is no compulsory military service, but that students of both sexes perform one year's military service which is devoted entirely to military tasks. The Government also stated that this service, which was compulsory, has become optional.

The Committee once again requests the Government to supply information on the provisions which have been adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.