Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Papouasie-Nouvelle-Guinée (Ratification: 1976)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out that career military officers and other career members of the armed forces, 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 (see e.g. the explanations contained in paragraphs 46 and 96–97 of the Committee’s 2007 General Survey on the eradication of forced labour).

The Committee previously noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence stand-by, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It also noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, the number of the Defence Force members would gradually decline and voluntary discharges from the Force were allowed.

The Government indicates in its latest report that it has not yet received any formal communication from the Department of Defence on the issues raised by the Committee. However, the Government reaffirms its commitment to submit to the ILO a full and comprehensive report during the next reporting period.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.