Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, and noted that section 51 with respect to status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases, only “if it is accepted”. It requested the Government to provide information on the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in those situations where the freedom to terminate the service depends upon the request being accepted. The Committee also asked the Government to supply information on whether, and under what conditions, privates and non-commissioned officers may, prior to completion of their voluntary service contract, be demobilized in peacetime within a reasonable period, either at specified intervals or with previous notice.

The Committee notes that the Government’s reports received in 2005 and 2007 contain no information on the criteria used in ruling upon resignation requests submitted by officers serving in the armed forces on a voluntary basis. However, it has noted the Government’s indication in its 2005 report that, under section 57 of Decree No. 102, non-commissioned officers and privates can terminate their voluntary service contracts only for reasons approved by the Army Command.

The Committee points out, referring also to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee has observed that the effect of statutory provisions preventing termination of employment of indefinite duration (or very long duration) by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to ensure that officers and other career military servicemen have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to a pension. Pending the adoption of such measures, it again requests the Government to describe the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in the situations where resignations may be either accepted or refused. Please also indicate the duration of voluntary service contracts concluded by officers and other categories of career military personnel.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship.

The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee has noted the Government’s indication in its 2005 report that it has forwarded once again a copy of the Committee’s comments to the bodies concerned. It reiterates its hope that the Government will soon be able to communicate the information requested.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s indication in its report that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions.

The Committee also noted that section 8(3)(a) of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person. The Committee sought information on any criminal penalties which may be imposed under this provision of Decree No. 3855, and to supply copies of any relevant court decisions.

While having noted the Government’s repeated assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, the Committee reiterates its hope that the Government will be in a position to provide such information in its next report. Having also noted a provision of section 33 of the draft amendments to the Labour Code, supplied by the Government, which criminalizes various forms of forced or compulsory labour, including slavery and slavery-like practices, debt bondage and trafficking in human beings, the Committee hopes that the Government will communicate a copy of the amendments, as soon as they are adopted.