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1. Use of conscripts for non-military purposes. In earlier comments, the Committee referred to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general service for young persons on completion of their studies, Act No. 127 of 1980 respecting military and national service and Decision of the President No. 31 of 1981 which determines the governmental services and organs having a military status. It requested the Government to supply information on the practical application of section 1 of Act No. 76 of 1973 as amended as well as section 2, subsection 1(c), of Act No. 127 of 1980, such as the number of persons directed to the general service and the national work teams, respectively, and the contents of those services. It also requested the Government to supply details concerning the services, bodies and administrations under the Ministry of the Interior in which young people may be called up to perform their military service under section 1 of Decision of the President No. 31 of 1981.

The Committee notes the Government's indication that the government services concerned consider that these questions relate to national security and are subject to the special status applicable to questions dealing with military issues which, as in all countries, must remain secret. The Government indicates that youth recruited into the military and national service do not perform forced labour as contemplated by the Convention and that service in the military is based on a philosophy of maintenance of social solidarity. Moreover, the Government indicates in its report that military service is more of a duty than an obligation. The general service is not less important than the military service, since it gives effect to the principle of equality between young men and women and permits their participation in the protection of society and the economy.

The Committee refers to the explanations provided in paragraphs 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour where it recalled the Conference deliberations on the Special Youth Schemes Recommendation, 1970 (No. 136); the Conference rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), Article 1(b) of which calls for the abolition of any form of compulsory labour as a means of mobilising and using labour for purposes of economic development.

The Committee recalls the Government's indication in its reply to the 1987 direct request that young people of either sex are engaged in the various fields mentioned in section 1 of Act No. 76 of 1973 under the supervision of the Ministry of Labour and Social Affairs, and that they must have accomplished their service before taking up other employment. The Committee again requests the Government to supply detailed information on the practical application of the above legislation under the supervision of the Ministry of Labour and Social Affairs and on any measures taken in this connection to ensure the observance of the Conventions on the abolition of forced or compulsory labour.

2. Article 25 of the Convention. In its previous comments, the Committee noted that article 13 of the Constitution prohibits the illegal exaction of forced or compulsory labour, but does not provide for penalties; under section 375 of the Penal Code, the use of violence, brutality, terror, menaces or illegal practices are punishable with imprisonment and a fine where they interfere with (1) the right of any person to work, or (2) the right of any person to employ or refrain from employing any person whatsoever; but the right of any person to refrain from working is not protected in the same terms against the use of violence, etc. Under section 54 of the Labour Code, an employer may not require a worker to perform work other than that for which he was engaged, but a violation of this provision would appear to give rise only to a small fine under section 170, and by virtue of sections 1 and 3 of the Code, persons not working in return for a wage and various other categories of workers remain altogether outside the scope of sections 54 and 170 of the Labour Code.

The Committee notes that in its report, the Government refers to its earlier indication that section 375 of the Penal Code already provides for penalties and that there is no ground for adding further penalties or other sections.

The Committee must point out once again that Article 25 of the Convention requires the ratifying State to ensure that the illegal exaction of forced or compulsory labour is made punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee hopes that the necessary measures will be taken to give effect to this requirement, by an appropriate amendment to the scope of section 375 of the Penal Code or in any other suitable manner, and that the Government will indicate the action taken.

3. In its previous direct requests, the Committee noted that section 138, subsection 5, of Act No. 232 of 1959 as amended by Act No. 71 of 1973, concerning the conditions of employment and promotion of officers in the armed forces, provides for an application by officers to resign and that, by virtue of section 141 of the same Act, the officers' service is not terminated until the resignation is accepted. The Committee requested the Government to supply information on the practical application of section 141 of the Act, for instance, the number of cases in which resignation was refused, the criteria applied to refuse the application for resignation, possibility of a re-application, etc. The Committee notes the Government's indication in its report, repeated from its previous report, that the competent ministry advises that acceptance of the resignation is a matter of the organisation and administration of manpower and that the number of cases of resignation are considered a secret. As for the Committee's request to supply copies of Act No. 232 of 1959 as amended by Act No. 71 of 1973 and any laws or regulations concerning employment in the public service which contain provisions governing resignation, the Committee notes the Government's indication that it was to request the departments concerned to send them.

The Committee recalls that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. In order to be able to ascertain the compatibility of the practice under section 141 of Act No. 232 with the Convention, the Committee must have information on the criteria applied in accepting or refusing a request for resignation, and other relevant information on the acceptance in practice of such requests. Accordingly, the Committee looks forward to the Government's early sending of this information, together with the copies of laws and regulations which the Government has already requested from the departments concerned.