Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government’s report has not been received. The Committee recalls that, in its previous comments, it drew attention to the need to amend or repeal a number of texts that were inconsistent with the Convention – some of which were fairly old and were deemed by the Government to be obsolete. The Committee reminds the Government that it may call on the Office for technical assistance, and trusts that in its next report the Government will be in a position to inform that specific measures have been taken in response to the comments the Committee has been making for many years.

Article 2, paragraph 2(a), of the Convention. 1. Work exacted under compulsory military service laws. The Committee has on several occasions stressed the need to amend Act No. 16 of 27 August 1981 establishing compulsory military service. According to section 1 of the Act, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee drew the Government’s attention to the fact that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention. Noting the Government’s earlier statement that the practice of imposing on recruits work which is not purely military in nature has fallen into disuse and that it intended to repeal Act No. 16 of 1981 on compulsory national service, the Committee trusts that the necessary steps will be taken very shortly to amend or repeal this Act so as to bring the legislation into line with the Convention.

2. Youth brigades and workshops. The Committee observes that the Government has never provided information on the practical effect given to Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations were gradually to create all the conditions for the formation of youth brigades and the organization of youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). However, the Government did indicate earlier that since 1991 such practices had fallen into disuse. The Committee points out that this Act has never been formally repealed and asks the Government to indicate the measures taken or envisaged to repeal it.

Article 2, paragraph 2(d). Requisitioning of persons to perform community work in instances other than emergencies. In the comments it has been making for very many years, the Committee has pointed out that Act No. 24-60 of 11 May 1960 is inconsistent with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s earlier statement that this Act has fallen into disuse, and once again urges the Government to take the necessary steps to have it repealed formally so as to avoid any uncertainty in law.

The Committee is raising other points in a request addressed directly to the Government.

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