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Forced Labour Convention, 1930 (No. 29) - Kazakhstan (RATIFICATION: 2001)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes the Government’s indication in its report that the work of military personnel is regulated by the Labour Code with the peculiarities provided for by special legal acts, including as regards termination of service. In particular, section 26 of the Act of 16 February 2012 No. 561-IV on Military Service and the Status of Servicemen sets out a list of grounds for the termination of a contract with a military official. As per section 26(3) of Act No. 561-IV, a military official has a right to leave the service before the end of the contract in case there was a significant or systematic violation of the terms of his/her contract; due to family circumstances; his/her election as a member of the representative bodies of Kazakhstan; or the appointment to the position of a judge. According to sections 154 and 155 of the Presidential Decree No. 124 of 25 May 2006 on Approval of the Rules for Military Service in the Armed Forces, Other Forces and Military Formations, an early termination of a military official’s contract is made by an order of an entitled military officer after the consideration of the documents confirming the circumstances of such termination, as provided for in section 26(3) of Act No. 561-IV. The Committee requests the Government to provide information on the situation of career military personnel who submit a request to leave the service before the end of the contract on grounds not stipulated under section 26 of Act No. 561-IV.

Article 2(2)(a). Services exacted under compulsory military service laws. With regard to its previous comments concerning the performance of compulsory military service by conscripts, the Committee notes that section 5(4) of Act No. 561-IV prohibits military commanders from issuing orders and directives not related to the performance of military service obligations. According to section 1(16) of Act No. 561-IV, military service aims at the direct provision of military security related to the armed defence of the sovereignty, territorial integrity and inviolability of the state border of Kazakhstan.

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that according to section 16 of the Act of 8 February 2003 No. 387 on the State of Emergency, in case of natural and man-made emergencies, able-bodied persons may be required to undertake rescue and other urgent work, in accordance with the labour legislation. The Committee further observes from section 4(2)(2) of Act No. 387 that natural and man-made emergencies include emergencies caused by natural disasters, such as earthquakes, mudslides, avalanches, floods, as well as accidents which require the necessary rescue and recovery operations.