Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee takes note of the Government’s reply to its earlier comments.

The Committee previously 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 or of the person in whose care he may be, 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. It requested the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Government indicates in its latest report that the committee appointed to review the legislation is still conducting this exercise and has not yet submitted any formal report on its deliberations, though the issue of a minimum age for enlistment is being considered in this review.

The Committee trusts that the Government will soon be in a position to indicate action taken following the consideration of the abovementioned committee with a view to bring the legislation into conformity with the Convention on this point.