Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters:

Article 2(2)(a) and (d) of the Convention.  The Committee previously noted that, under sections 12 and 28 of the National Service Act, 1977, persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. It noted that servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school, construction, agriculture and road-building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

Having noted the Government’s repeated statements that the National Service was created to respond to national disasters and that section 35(2) of the Act has not been applied, the Committee referred to section 9(1) of the Act, according to which the objectives of the National Service "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". The Committee observed that there is no reference to natural disasters, let alone a limitation in scope to such occurrences. It also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", and requested the Government to take the necessary measures with a view to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105.

The Government indicated in its report of 2000 that no measures had been taken to repeal the National Service Act of 1977. The Committee trusts that appropriate measures will be taken in the near future in order to bring national legislation into conformity with the Conventions and asks the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.