Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes with regret that no report has been received from the Government for the third year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment

The Committee noted previously that according to Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military status results from resignation, dismissal, retirement or death (section 103). According to section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the period required for entrance to military training schools" and when the person "has received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that a member of the armed forces who applies for retirement will be placed in retirement only if the time during which he undertook to remain in service after specialized training has expired.

The Committee reminded the Government that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law. It also referred the Government to paragraph 72 of the General Survey on the abolition of forced labour which states that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training.

The Committee asks the Government to provide information on the practical effect given to section 105 on the resignation of career servicemen, particularly the length of the period of engagement required for entrance to a military training college and the period required after specialized training.

The Committee hopes that the Government will be in a position to provide the information requested with its next report.

The Committee notes the information contained in the report submitted by Chad to the Committee on the Rights of the Child (CRC/C/3/Add.50) to the effect that although the law stipulates the age for recruitment into the armed forces (18 years), minors are recruited to serve as soldiers. The Committee notes that a Department of Children has been set up under the Ministry for Women and Social Affairs which is responsible for combating the enlistment of children into the army (paragraph 126). The Committee asks the Government to provide information on the activities of the above department and on any other measures taken to protect children from forced recruitment and the sanctions imposed on those responsible for such recruitment.

The Committee takes note of the information sent to the ILO by the Trade Union Confederation of Chad concerning the application of the Convention, to the effect that citizens are recruited by force into the army as soldiers and are thereafter subjected to arduous work or forced to work in conditions which are unacceptable. They are reportedly forced to serve as guinea pigs or guides in minefields at the risk of their personal safety or their lives.

The Committee asks the Government to provide information on these allegations.

The Government is asked to supply copies of the following legislative texts:

-  Decree No. 371/77/CSM/MJ of 9 November 1977 establishing the prison regulations;

-  Ordinance No. 001/PCE/CEDNACVG/91 of 16 January 1991 to reorganize the armed forces;

-  the Charter of Rights and Freedoms;

-  Decree No. 100/Social affairs on the protection of children and young persons;

-  Ordinance No. 12-67-PR-MJ of 9 June 1967 issuing the Penal Code;

-  the Code of Penal Procedure.