Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes that the Government's report received in 1997 does not contain any response to the observation made by the Committee in 1996 in respect of a number of questions to which the Committee has been drawing the Government's attention over a number of years, concerning in particular the following points:

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(b), of the Convention. Contrary to the Convention, Act No. 84-10 of 11 February 1984 respecting the civic service, as amended, imposes on persons who have completed a course of higher education or training judged to be a priority for economic and social development, civic service of between two and four years in order to obtain employment or exercise an occupation. The Committee has previously pointed out that compulsory service imposed upon persons who have received particular training under penalty of being unable to enter or obtain employment, is contrary to the Convention.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a). The National Service Code (Ordinance No. 74-103 of 15 November 1974, as amended) is incompatible with the Convention, in so far as it imposes obligatory service on conscripts which is not restricted to military service but includes alternative service in economic and administrative sectors for up to four years. Act No. 87-16 of 1 August 1987 with respect to the organization of the People's Defence envisages, under section 9, the adoption of regulations which would enable the People's Defence to participate in activities associated, in particular, with the protection of production units and strengthening the economic capacity of the country. The Committee notes the information from the Government that at the time of its report no regulations had been adopted, but the Committee again requests the Government to indicate the effect given in practice to section 9.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c) and (d). Where a state of emergency has been declared, Executive Decree No. 91-201 of 25 June 1991 provides for the military authorities, which have police powers, to make detention orders against certain persons who refuse to comply with or who oppose the execution of a requisition order and to hold them in a security centre for 45 days with one right of renewal of the same period. The Committee again requests information as to the practical application of this Decree, to enable it to assess whether it Decree is compatible with the prohibition of forced labour under the provisions of the Convention.

The Committee would be grateful if the Government would provide additional information in its next report on the measures taken to ensure the application of the Convention in respect of the above-mentioned points, and if it would provide the information requested in its direct request. The Government might wish to seek the technical assistance of the ILO in this respect.