Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.