Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

In its previous comments the Committee noted that under section 11(2) of the Defence Act 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place.

The Committee expressed the hope that the Government would examine measures either to permit persons enlisted under the age of 18 to resign from service within a reasonable period of time such as is for example provided for the persons enlisted as cadets in the Cadet Force (Cadet Force regulations 25 and 27) or by amending section 11(2) of the Defence Act (respectively section 19(2) of the Defence Act, Chapter 14.01) by deleting the provision permitting enlistment under the age of 18. The latter solution would correspond to the practice as mentioned by the Government.

The Committee notes the Government's reply, received 10 October 1996, that the concerns have been forwarded for the consideration of a Cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Committee hopes that the Government will be in a position to indicate in its next report the action taken following the consideration of the Cabinet-established committee.