Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 2, paragraph 2(b) and (e), of the Convention. In its previous comments, the Committee noted that, under section 2, paragraph 5(b), of the Labour Code (Act No. 92/007 of 14 August 1992), the term "forced or compulsory labour" shall not include "any work or service in the general interest forming part of the civic obligations of citizens as defined by the laws and regulations". It requested the Government to specify the work and services in the general interest which are included in citizens’ civic obligations and to supply the texts of any relevant legislative or regulatory provisions. In its last report, the Government indicates that no legislative or regulatory text defining work in the general interest which forms part of citizens’ civic obligations has been adopted. The Committee notes this information and once again requests the Government to specify the nature of the work and services which might be considered as work and services in the general interest which form part of normal civic obligations and to indicate whether use has already been made of this provision of the Labour Code in order to impose work or service on citizens.

2. Freedom to leave the service of the State. In its previous comments, the Committee noted that, according to sections 53 and 55 of Act No. 80/12 of 14 July 1980 concerning the general status of members of the armed forces and the information provided by the Government on this subject, career members of the armed forces serving as officers, who are recruited by competition, sign a contract of indeterminate duration and resignations may be accepted only on exceptional grounds, which means in practice that they are required to serve until the age limit for their grade. The Committee also noted the Government’s indications that applications for resignation made by career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post. The Committee then reminded the Government that persons in the service of the State, including career members of the armed forces, should have 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.

The Committee notes that the Government indicates in its last report that no amendment has been made to the legislation and that the provisions of Act No. 80/12 concerning the general status of members of the armed forces remain in force. It requests the Government to provide information on any applications for resignation that have been submitted by career members of the armed forces to the competent authorities, on the cases in which the aforementioned authorities refused the application for resignation and, where appropriate, on the reasons for such a refusal.