Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. Freedom to leave the service of the State. In its earlier comments, the Committee noted that under the terms of Act No. 80/12 of 14 July 1980, officers recruited by competition signed an undertaking of indefinite duration which meant 0in practice that they were required to serve until reaching the age limit for their rank, applications for release being accepted only on exceptional grounds.

2. The Committee noted the Government's statements according to which, under the terms of sections 53 and 55 of the above-mentioned Act, resignation of career servicemen may be accepted on the following grounds: the soldier is recognized as a family breadwinner; he is to succeed his father, especially if the latter is a traditional chief; he believes that he will have a better chance in an elective office.

3. The Committee, referring again to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, recalls that persons in the service of the State, including career military personnel, should be entitled to leave that service in peacetime within a reasonable time, either at specified intervals or by giving notice, subject to the conditions that may normally be applied to ensure continuity of the service. The Committee hopes that the Government will in the near future indicate the measures taken or contemplated to ensure that career military personnel can leave the service within a reasonable period.