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Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Restrictions on the freedom of persons in the service of the State to resign. In its earlier comments made for a number of years the Committee noted the incompatibility with the Convention of various restrictions imposed on persons in the service of the State as regards their freedom to resign. In particular, it has noted that, under section 40(1) of Act No. 201 of 1975 on the Civil Marine Service, an application to resign filed by a civil officer or seafarer may be refused, and under section 40(2) such refusal shall be final. The provisions of Resolutions Nos 917 of 1988 and 550 of 1989 established similar restrictions with regard to various categories of officials. The Committee also noted that, under article 35 of the Civil Service Act (No. 24 of 1960), the resignation of an official is not valid unless accepted by the competent authority. Finally, under section 364 of the Penal Code, any official and any person in charge of a public service may be punished with imprisonment, inter alia, if they leave their work, even after having resigned, if from that results the paralysation of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention.

While noting the Government’s assurances that it endeavours to meet its obligation to ensure the effective application of the Convention and to amend legislation, starting with the adoption of the new Labour Code, the Committee expresses the firm hope that the above provisions will soon be amended or repealed, so as to ensure the right of public officials and seafarers to leave the service on their own initiative by giving notice of reasonable length. Recalling also in this connection that career members of the armed forces may not be denied the right to leave the service, in time of peace, at their own request, the Committee requests the Government to supply a copy of the provisions governing the resignation of military officers and other career military personnel. It also refers to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Iraq, regarding resignation of public officials.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments the Committee noted that section 325 of the Penal Code, to which the Government repeatedly referred in its reports, provides for sanctions of imprisonment only for public servants or persons entrusted with a public service who are found guilty in the exaction of forced labour in circumstances other than in the public interest as provided for in laws and regulations. The Committee recalled that, under Article 25 of the Convention, the illegal exaction of forced or compulsory labour is punishable as a penal offence, this provision being applicable if forced labour is exacted by any person whatever his status, and not only for public purposes, but also for private entities. The Committee therefore expresses the firm hope that the Government will indicate, in its next report, the measures taken or envisaged to punish the exaction of forced or compulsory labour in those cases which do not fall under the scope of section 325 of the Penal Code, in particular, when forced or compulsory labour is exacted by private individuals or associations.