Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Articles 1(1) and 2(1) of the Convention. Freedom of minors engaged in a military career to terminate their engagement. In its earlier comments, the Committee referred to section 19(2) of the Defence Act, Chapter 14.01, under which a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's repeated indications that, in practice, no recruitment under the age of 18 had taken place and requested the Government to give consideration to amending the above-mentioned provision of the Defence Act, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Government indicates in its 2006 report that, following the ratification of the Minimum Age Convention, 1973 (No. 138), by Trinidad and Tobago with a declaration specifying a minimum age for admission to employment or work of 16 years, all the national laws pertaining to employment are being reviewed, including the Defence Act, which should provide a minimum age of 16 years for enlistment into the Defence Force.

While noting this information, as well as the Government’s indication that persons wishing to join the Defence Force do so on a voluntary basis, the Committee draws the Government’s attention to the explanations contained in paragraph 41 of its General Survey of 2007 on the eradication of forced labour, in which the Committee observed that minors engaged in a military career should be able themselves to terminate their engagement.

The Committee therefore reiterates the hope that the necessary measures will be taken, on the occasion of the revision of the Defence Act, with a view to bringing the legislation into conformity with the Convention and the indicated practice, either by fixing the legal minimum age of enlistment at 18 years, or allowing a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18. It requests the Government to provide, in its next report, information on any action taken or envisaged to this end.