Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, under which young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as the development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee previously noted the Government’s indication that a proposal had been submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service so as to provide for the voluntary nature of the service.

In its report, the Government once again indicates that general (civic) service is voluntary and that it does not include any compulsion or obligation, since the law does not provide for any penalty to be imposed on those who do not perform it. The Committee notes the statistics concerning the number of persons recruited for general (civic) service, as well as the number of persons exempted during the period from 2000 to 2009. It also notes the Government’s indication in its report received in 2009 that the amendment of the Act is still under discussion.

Noting that the Government’s latest report contains no new information on the revision of the Act concerning general (civic) service, the Committee reiterates the firm hope that this Act will soon be revised by clearly providing that participation of young persons in the general (civic) service is voluntary, in order to ensure the observance of the forced labour Conventions. Pending the revision, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who have applied for exemption from such service and the number of those whose applications have been refused.