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Articles 1(1) and 2(1) of the Convention. Freedom of minors engaged in a military career to terminate their engagement. For a number of years, the Committee has been referring to section 19(2) of the Defence Act, Chapter 14.01, under which persons below the age of 18 years may be enlisted with the consent of their parents or of the person in whose care they may be. The Committee requested the Government to give consideration to amending the abovementioned provision of the Defence Act, either by fixing the legal minimum age of enlistment at 18, or allowing persons enlisted below the age of 18 to leave the service by their own decision upon attaining the age of 18.

The Committee has noted the Government's repeated statement that, in practice, no recruitment under the age of 18 has taken place. The Government indicates in its latest report that the Trinidad and Tobago Defence Force (TTDF) has adopted the policy of recruiting persons who have attained the age of 18 years. It also states that the Defence Act is currently being revised, but is not yet a public document to be commented on.

While noting this information, the Committee expresses the firm hope that the Defence Act will soon be revised, so as to ensure conformity with the Convention and the indicated practice, for example, by fixing the legal minimum age of enlistment at 18 years, or allowing persons enlisted below the age of 18 to leave the service by their own decision upon attaining the age of 18. It requests the Government to provide, in its next report, information on the progress achieved in this regard.

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Articles 1(1) and 2(1) of the Convention. Freedom of minors engaged in a military career to terminate their engagement. In its earlier comments, the Committee referred to section 19(2) of the Defence Act, Chapter 14.01, under which a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's repeated indications that, in practice, no recruitment under the age of 18 had taken place and requested the Government to give consideration to amending the above-mentioned provision of the Defence Act, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Government indicates in its 2006 report that, following the ratification of the Minimum Age Convention, 1973 (No. 138), by Trinidad and Tobago with a declaration specifying a minimum age for admission to employment or work of 16 years, all the national laws pertaining to employment are being reviewed, including the Defence Act, which should provide a minimum age of 16 years for enlistment into the Defence Force.

While noting this information, as well as the Government’s indication that persons wishing to join the Defence Force do so on a voluntary basis, the Committee draws the Government’s attention to the explanations contained in paragraph 41 of its General Survey of 2007 on the eradication of forced labour, in which the Committee observed that minors engaged in a military career should be able themselves to terminate their engagement.

The Committee therefore reiterates the hope that the necessary measures will be taken, on the occasion of the revision of the Defence Act, with a view to bringing the legislation into conformity with the Convention and the indicated practice, either by fixing the legal minimum age of enlistment at 18 years, or allowing a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18. It requests the Government to provide, in its next report, information on any action taken or envisaged to this end.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

For a number of years (since 1985) the Committee has been referring to certain provisions of the national legislation (now section 19(2) of the Defence Act, Chapter 14.01), under which a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government’s repeated indications that, in practice, no recruitment under the age of 18 had taken place and requested the Government to give consideration to amending the abovementioned provision of the Defence Act, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

In its latest report, the Government reiterates, referring to the information received from the Ministry of National Security, that it has been the practice of the Government not to recruit anyone under the age of 18 into the Regiment or the Coast Guard, the two organizations that are governed by the Defence Act.

The Committee previously noted the Government’s indication that the matter had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. However, in its latest report the Government indicates that no changes to the legislation have been made.

The Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and requests the Government to provide information on the results of the work of the abovementioned committee appointed to review the legislation, indicating any action taken or envisaged to this end, following the deliberations of the said committee.

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The Committee notes the Government’s reply to its earlier comments.

For a number of years (since 1985) the Committee has been referring to certain provisions of the national legislation (now section 19(2) of the Defence Act, Chapter 14.01), under which a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government’s repeated indications that, in practice, no recruitment under the age of 18 had taken place and requested the Government to give consideration to amending the abovementioned provision of the Defence Act, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

In its latest report, the Government reiterates, referring to the information received from the Ministry of National Security, that it has been the practice of the Government not to recruit anyone under the age of 18 into the Regiment or the Coast Guard, the two organizations that are governed by the Defence Act.

The Committee previously noted the Government’s indication that the matter had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. However, in its latest report the Government indicates that no changes to the legislation have been made.

The Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and requests the Government to provide information on the results of the work of the abovementioned committee appointed to review the legislation, indicating any action taken or envisaged to this end, following the deliberations of the said committee.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under section 11(2) of the Defence Act, 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place. It requested the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Government indicates in its latest report that the committee appointed to review the legislation is still conducting this exercise and has not yet submitted any formal report on its deliberations, though the issue of a minimum age for enlistment is being considered in this review.

The Committee trusts that the Government will soon be in a position to indicate action taken following the consideration of the abovementioned committee with a view to bring the legislation into conformity with the Convention on this point.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under section 11(2) of the Defence Act, 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place. It requested the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Government indicates in its latest report that the committee appointed to review the legislation is still conducting this exercise and has not yet submitted any formal report on its deliberations, though the issue of a minimum age for enlistment is being considered in this review.

The Committee trusts that the Government will soon be in a position to indicate action taken following the consideration of the abovementioned committee with a view to bring the legislation into conformity with the Convention on this point.

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The Committee takes note of the Government’s reply to its earlier comments.

The Committee previously noted that under section 11(2) of the Defence Act, 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place. It requested the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as to either fix the legal minimum age of enlistment at 18, or allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Government indicates in its latest report that the committee appointed to review the legislation is still conducting this exercise and has not yet submitted any formal report on its deliberations, though the issue of a minimum age for enlistment is being considered in this review.

The Committee trusts that the Government will soon be in a position to indicate action taken following the consideration of the abovementioned committee with a view to bring the legislation into conformity with the Convention on this point.

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The Committee notes the Government's reply to its earlier comments.

The Committee previously noted that under section 11(2) of the Defence Act, 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents or of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place.

The Committee takes due note of the Government's view expressed in the report that, enlistment in the Defence Force being voluntary, it does not constitute forced labour within the meaning of the Convention. The Committee also notes the Government's statement that it has not ratified the Minimum Age Convention, 1973 (No. 138). The issue is not one related to another Convention, it is an issue of voluntariness. As the Committee pointed out earlier (see page 90 of its report to the 83rd Session of the ILC (1996)), the question arises, with regard to Article 2(1) of the Convention, whether, and if so under what circumstances, a minor can be considered to have offered himself "voluntarily" for work or service, and whether or when the consent of the parents is sufficient in this regard. Since in actual practice, it appears that no recruitment under the age of 18 takes place, the Committee again requests the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as either to fix the legal minimum age of enlistment at 18, or to allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee in making this request has also had regard to the Government's comments concerning Regulations 25 and 27 (Cadet Force Regulations), made under the Cadet Force Act, Chapter 14.02. The Committee makes no adverse comments with regard to those Regulations, on the contrary, as indicated in its previous direct request, it considered those Regulations to provide an example which may be emulated to overcome the present problems with Chapter 14.01.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a Cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Committee once again expresses the hope that the Government will be in a position to indicate in its next report action taken following the consideration of the abovementioned committee.

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In its previous comments the Committee noted that under section 11(2) of the Defence Act 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place.

The Committee expressed the hope that the Government would examine measures either to permit persons enlisted under the age of 18 to resign from service within a reasonable period of time such as is for example provided for the persons enlisted as cadets in the Cadet Force (Cadet Force regulations 25 and 27) or by amending section 11(2) of the Defence Act (respectively section 19(2) of the Defence Act, Chapter 14.01) by deleting the provision permitting enlistment under the age of 18. The latter solution would correspond to the practice as mentioned by the Government.

The Committee notes the Government's reply, received 10 October 1996, that the concerns have been forwarded for the consideration of a Cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Committee hopes that the Government will be in a position to indicate in its next report the action taken following the consideration of the Cabinet-established committee.

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In its previous comments the Committee noted that under section 11(2) of the Defence Act 1962, which corresponds to section 19(2) of the Defence Act, Chapter 14.01, a person below the age of 18 years may be enlisted with the consent of his parents, no minimum age being fixed for such enlistment.

The Committee notes that the Government refers to a previous report indicating that there were no measures taken to permit persons enlisted under that age to resign. The Government also states that the enlistment remains fixed at the age of 18 and that no recruitment under this age has taken place.

The Committee expresses the hope that the Government will examine measures either to permit persons enlisted under the age of 18 to resign from service within a reasonable period of time (such as is for example provided for the persons enlisted as cadets in the Cadet Force (Cadet Force regulations 25 and 27( or by amending section 11(2) of the Defence Act (respectively section 19(2) of the Defence Act, Chapter 14.01) by deleting the provision permitting enlistment under the age of 18. The latter solution would correspond to the practice as mentioned by the Government.

The Committee looks forward to any steps taken by the Government in this respect.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In earlier comments, the Committee noted that under section 11(2) of the Defence Act, No. 7 of 1962, which corresponds to section 19(2) of the Defence Act Chapter 14:01, a person below the age of 18 years may be enlisted with the consent of his parents or, in the absence of a person having parental rights, with the consent of any person in whose care the person offering to enlist may be. According to regulation 7(2) of the Defence (Enlistment and Service) Regulations, 1962, the term of active service of a person so enlisted shall end on the date on which he attains the age of 24 years. The Committee further noted that under regulation 25 of the Cadet Force Regulations, cadets may be enrolled from age 12, but under regulation 27(1) of the same regulations, a cadet may resign from the Cadet Force at any time by handing in his uniform and notifying the Unit Commander of his resignation. The Committee asked the Government to indicate the minimum age of enlistment to the Defence Force and the practice followed in regard to resignation from the Defence Force by persons enlisted below the age of 18 years, and to supply the text of any applicable regulations.

In reply, the Government indicated in its report for 1985-86 that the minimum age of enlistment to the Defence Force is 18 years and there is no recruitment of persons under this age. In its report (for 1986-89) the Government stated that the minimum age for enlistment was fixed according to section 19(2) of the Defence Act Chapter 14:01, and that there had been no amendment to this section.

The Committee observed that under section 19(2) of the Defence Act Chapter 14:01 (which is identical to section 11(2) of the Defence Act, 1962) a person below the age of 18 years may be enlisted in the conditions mentioned before. No minimum age is fixed for such enlistment. The Committee again requests the Government to indicate any measures taken or envisaged to permit persons enlisted below the age of 18 years to resign from service in the Defence Force in conditions comparable to those granted to members of the Cadet Force under regulation 27(1) of the Cadet Force Regulations. Alternatively, consideration might be given to amending section 19 of the Defence Act Chapter 14:01 so as to raise the statutory minimum age of enlistment to 18 years, in accordance with the practice earlier referred to by the Government.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In earlier comments, the Committee noted that under section 11(2) of the Defence Act, No. 7 of 1962, which corresponds to section 19(2) of the Defence Act Chapter 14:01, a person below the age of 18 years may be enlisted with the consent of his parents or, in the absence of a person having parental rights, with the consent of any person in whose care the person offering to enlist may be. According to regulation 7(2) of the Defence (Enlistment and Service) Regulations, 1962, the term of active service of a person so enlisted shall end on the date on which he attains the age of 24 years. The Committee further noted that under regulation 25 of the Cadet Force Regulations, cadets may be enrolled from age 12, but under regulation 27(1) of the same regulations, a cadet may resign from the Cadet Force at any time by handing in his uniform and notifying the Unit Commander of his resignation. The Committee asked the Government to indicate the minimum age of enlistment to the Defence Force and the practice followed in regard to resignation from the Defence Force by persons enlisted below the age of 18 years, and to supply the text of any applicable regulations.

In reply, the Government indicated in its report for 1985-86 that the minimum age of enlistment to the Defence Force is 18 years and there is no recruitment of persons under this age. In its report (for 1986-89) the Government stated that the minimum age for enlistment was fixed according to section 19(2) of the Defence Act Chapter 14:01, and that there had been no amendment to this section.

The Committee observed that under section 19(2) of the Defence Act Chapter 14:01 (which is identical to section 11(2) of the Defence Act, 1962) a person below the age of 18 years may be enlisted in the conditions mentioned before. No minimum age is fixed for such enlistment. The Committee again requests the Government to indicate any measures taken or envisaged to permit persons enlisted below the age of 18 years to resign from service in the Defence Force in conditions comparable to those granted to members of the Cadet Force under regulation 27(1) of the Cadet Force Regulations. Alternatively, consideration might be given to amending section 19 of the Defence Act Chapter 14:01 so as to raise the statutory minimum age of enlistment to 18 years, in accordance with the practice earlier referred to by the Government.

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The Committee notes the information and legislation supplied by the Government in its report.

In earlier comments, the Committee noted that under section 11(2) of the Defence Act, No. 7 of 1962, which corresponds to section 19(2) of the Defence Act Chapter 14:01, a person below the age of 18 years may be enlisted with the consent of his parents or, in the absence of a person having parental rights, with the consent of any person in whose care the person offering to enlist may be. According to regulation 7(2) of the Defence (Enlistment and Service) Regulations, 1962, the term of active service of a person so enlisted shall end on the date on which he attains the age of 24 years. The Committee further noted that under regulation 25 of the Cadet Force Regulations, cadets may be enrolled from age 12, but under regulation 27(1) of the same regulations, a cadet may resign from the Cadet Force at any time by handing in his uniform and notifying the Unit Commander of his resignation. The Committee asked the Government to indicate the minimum age of enlistment to the Defence Force and the practice followed in regard to resignation from the Defence Force by persons enlisted below the age of 18 years, and to supply the text of any applicable regulations.

In reply, the Government indicated in its report for 1985-86 that the minimum age of enlistment to the Defence Force is 18 years and there is no recruitment of persons under this age. In its latest report (for 1986-89) the Government states that the minimum age for enlistment is fixed according to section 19(2) of the Defence Act Chapter 14:01, and that there has been no amendment to this section.

The Committee observes that under section 19(2) of the Defence Act Chapter 14:01 (which is identical to section 11(2) of the Defence Act, 1962) a person below the age of 18 years may be enlisted in the conditions mentioned before. No minimum age is fixed for such enlistment. The Committee requests the Government to indicate any measures taken or envisaged to permit persons enlisted below the age of 18 years to resign from service in the Defence Force in conditions comparable to those granted to members of the Cadet Force under regulation 27(1) of the Cadet Force Regulations. Alternatively, consideration might be given to amending section 19 of the Defence Act Chapter 14:01 so as to raise the statutory minimum age of enlistment to 18 years, in accordance with the practice earlier referred to by the Government.