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Articles 1(1) and 2(1) of the Convention. 1. National service obligations. For a number of years, the Committee has been referring to certain provisions of the National Service Act, 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement in its reports that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. It also noted the Government’s indication that measures had been taken to repeal the 1971 Act. The Committee reiterates its hope that the National Service Act, 1971, will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in, community development may be prepared and administered by a city, municipal or district council. The Government indicated that such schemes, from which communities derived direct benefit, were adopted in consultation with the communities concerned. It also stated that any project conducted in the communities was implemented only on a voluntary basis.

In its 2008 report, the Government indicated that a project called Community Development Fund was in the process of being implemented and that, although there were guidelines on its implementation, there were no legal documents establishing the project. While noting these indications, the Committee requests the Government to provide a copy of the guidelines concerning the project referred to above, as well as the information on its application in practice.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Anti-Human Trafficking Act (No. 11 of 2008), which provides for various measures aiming at combating human trafficking, including prevention and victim protection measures. It notes, in particular, that, under section 3 of the Act, persons found guilty of human trafficking and related crimes are liable to imprisonment for a term of not less than 20 years and up to 30 years and, in certain situations, to imprisonment for life. The Committee also notes the information on the application in practice of the Penal Code provisions criminalizing human trafficking adopted in 2005.

The Committee asks the Government to provide, in its next report, information on the application in practice of the new Anti-Human Trafficking Act (No. 11 of 2008), as regards both victim protection measures (particularly sections 34, 37, 40–47 and 58) and punishment of perpetrators (section 3), supplying sample copies of the relevant court decisions and indicating the penalties imposed. 

The Committee notes the Government’s brief indications in the report concerning the tasks of the Inter-Ministerial Committee on Human Trafficking, which include, inter alia, coordination of various programmes concerning prevention and protection measures, prosecution of traffickers, as well as development and revision of policies and legislation on human trafficking.

The Committee asks the Government to provide, in its next report, information on the application in practice of the National Plan of Action to combat trafficking, to which reference has been made in the Government’s previous report, as well as the information on practical activities of the Inter‑Ministerial Committee referred to above, including copies of relevant reports and available statistics. Please also supply a copy of the National Anti‑Human Trafficking Policy referred to in the Government’s 2008 report.

The Committee is raising other points in a request addressed directly to the Government.

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Articles 1(1) and 2(1) of the Convention. 1. National service obligations. In its earlier comments, the Committee referred to certain provisions of the National Service Act, 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement in its reports that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee also noted the Government’s indication in its 2006 report that measures had been taken to repeal the National Service Act, 1971. Since the Government’s latest report contains no new information on this issue, the Committee reiterates its hope that the 1971 Act will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. In its earlier comments the Committee noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee also noted previously the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned.

In its latest report, the Government reiterates that any project conducted in the communities is implemented only on a voluntary basis. It also indicates that a project called Community Development Fund is currently being implemented and that, although there are guidelines on its implementation, there are no legal documents establishing the project.

While noting these indications, the Committee requests the Government to provide a copy of the guidelines concerning the project referred to above, as well as the information on its application in practice.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information on measures taken to prevent and combat human trafficking provided by the Government in reply to its earlier comments. It notes, in particular, the Government’s indications concerning the adoption of the Penal Code amendments criminalizing human trafficking and the development of the comprehensive piece of legislation which will take into account the provisions of the Palermo Protocol to combat trafficking. The Committee also notes the Government’s indications concerning the elaboration of a draft National Anti-Human Trafficking Policy and the establishment of the Inter-Ministerial Task Force and the National Committee to address the problem of trafficking.

The Committee asks the Government to provide, in its next report, information on the application in practice of the National Plan of Action to combat trafficking, to which reference has been made in the report, as well as the information on practical activities of the Inter-Ministerial Task Force and the National Committee referred to above. Please also supply a copy of the National Anti-Human Trafficking Policy, as well as a copy of the new anti-trafficking legislation, as soon as it is adopted. As regards law enforcement, the Committee asks the Government to provide information on the application in practice of the new Penal Code provisions criminalizing human trafficking, to which reference has been made in the report, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

The Committee is also addressing a request on certain other points directly to the Government.

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Articles 1(1) and 2(1) of the Convention. 1. National service obligations. In its earlier comments the Committee referred to certain provisions of the National Service Act 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee notes with interest the Government’s indication in the report that measures have been taken to repeal the National Service Act 1971, and expresses the hope that the Act will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22, 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee also noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government states in its latest report that the local Government representatives usually organize their communities for community service for the purpose of upgrading their communities on a voluntary basis. While noting these indications, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22, 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any legal texts establishing such schemes and other relevant documents, in order to enable the Committee to assess their conformity with the Convention.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of sexual and labour exploitation. In its earlier comments, the Committee referred to a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation, ITUC), which contained allegations concerning trafficking of women and children to neighbouring countries for the purpose of forced prostitution and kidnapping of Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted the Government’s reply to these allegations received in August 2006. The Government states that cases as referred to by the ICFTU have taken place, but they are minimal. However, the Government indicates that Zambia is mainly used as a transit point for trafficked persons to other countries rather than a source.

Referring to its general observation concerning the issue of trafficking in persons made in 2000, the Committee asks the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, and in particular information on the following aspects of law and practice:

–           provisions of national law aimed at the punishment of trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;

–           measures taken to ensure that the penal provisions punishing trafficking in persons are strictly enforced, including, in particular, measures designed to encourage the victims to turn to the authorities (such as permission to stay in the country, efficient protection of victims willing to testify);

–           measures designed to strengthen the active investigation of organized crime with regard to trafficking in persons, including international cooperation between law enforcement agencies with a view to preventing and combating the trafficking in persons;

–           cooperation with employers’ and workers’ organizations as well as non-governmental organizations engaged in the protection of human rights and the fight against the trafficking in persons.

As regards, more particularly, trafficking in children, the Committee asks the Government to refer to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Zambia, which provides in Article 3(a) that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”. The Committee is of the view that this problem may be examined more specifically under Convention No. 182, which requires ratifying States to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

The Committee is also addressing a request on certain other points directly to the Government.

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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:

1. In its earlier comments the Committee sought information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee has noted the Government’s repeated statement that there has been no compulsion to serve in the national service or to enlist for service by compulsion. Having previously noted the Government’s intention to review the Act, the Committee reiterates its hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee has noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned, and that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

Referring to Article 2, paragraph 2(e), of the Convention, which provides for the criteria determining the limits of the exception of minor communal services, and to the explanations in paragraph 37 of its General Survey of 1979 on the abolition of forced labour, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has noted a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Zambia. The ICFTU alleged that there were reports of the trafficking of women and children to neighbouring countries for the purpose of forced prostitution and of kidnapping Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted that this communication was sent to the Government in December 2002 for any comments it might wish to make on the matters raised therein. The Government’s report contains no reference to this communication and the Committee requests the Government to supply its comments on the serious points raised therein in its next report so as to enable the Committee to examine them at its next session.

The Committee is also addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. In its earlier comments the Committee sought information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee has noted the Government’s repeated statement that there has been no compulsion to serve in the national service or to enlist for service by compulsion. Having previously noted the Government’s intention to review the Act, the Committee reiterates its hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee has noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned, and that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

Referring to Article 2, paragraph 2(e), of the Convention, which provides for the criteria determining the limits of the exception of minor communal services, and to the explanations in paragraph 37 of its 1979 General Survey on the abolition of forced labour, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

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The Committee has noted a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Zambia. The ICFTU alleged that there were reports of the trafficking of women and children to neighbouring countries for the purpose of forced prostitution and of kidnapping Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted that this communication was sent to the Government in December 2002 for any comments it might wish to make on the matters raised therein. The Government’s report contains no reference to this communication and the Committee requests the Government to supply its comments on the serious points raised therein in its next report so as to enable the Committee to examine them at its next session.

The Committee is also addressing a request on certain other points directly to the Government.

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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:

1. In its earlier comments the Committee requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee noted the Government’s statement in its 1999 report that no statutory instruments have been issued under these sections. The Government reaffirms in its latest report that there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee previously noted the Government’s intention to review the Act, in view of the Government’s perception of there being no external threat to the well-being of the country. The Committee therefore expresses firm hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991) schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee notes the Government’s repeated statement that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government also indicates in its latest report that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

The Committee refers once again to paragraph 37 of its 1979 General Survey on the abolition of forced labour in which it has drawn attention to the criteria determining the limits of the exception of minor communal services, as provided for in Article 2, paragraph 2 (e), of the Convention. These criteria are not only that:

-  the members of the community or their direct representatives must have the right to be consulted in regard to the need for such services; in addition,

-  the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself; and

-  the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group.

The Committee therefore requests the Government once again to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

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The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the information concerning prison labour supplied by the Government in answer to its general observation.

1. In its earlier comments the Committee requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee noted the Government’s statement in its 1999 report that no statutory instruments have been issued under these sections. The Government reaffirms in its latest report that there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee previously noted the Government’s intention to review the Act, in view of the Government’s perception of there being no external threat to the well-being of the country. The Committee therefore expresses firm hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991) schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee notes the Government’s repeated statement that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government also indicates in its latest report that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

The Committee refers once again to paragraph 37 of its 1979 General Survey on the abolition of forced labour in which it has drawn attention to the criteria determining the limits of the exception of minor communal services, as provided for in Article 2, paragraph 2 (e), of the Convention. These criteria are not only that:

-  the members of the community or their direct representatives must have the right to be consulted in regard to the need for such services; in addition,

-  the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself; and

-  the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group.

The Committee therefore requests the Government once again to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

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The Committee notes the information provided by the Government in reply to its earlier comments.

1. The Committee has previously requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Government reaffirms in its report that no such statutory instruments have been issued since enactment. The Committee previously noted the Government's statement that, as from 1982, there had been no compulsion to serve in the national service or to enlist for service by compulsion. It also noted the Government's intention to review the Act, in view of the Government's perception of there being no external threat to the well-being of the country. The Government in its report reaffirms that threats to its country have been removed. The Committee therefore reiterates its request for information on measures taken by the Government in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. In its earlier comments the Committee noted that pursuant to the Local Government Act (No. 22 of 1991) (Second Schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Government repeats its previous indications that such schemes, from which communities may derive direct benefit, are adopted in agreement with the communities concerned, and that these schemes are usually of a minor nature, such as keeping their general surroundings clean in order to prevent epidemics. It also states that, as the schemes are done with the cooperation and participation of the communities concerned, there are no legal texts establishing them. While noting these indications, the Committee requests the Government to provide more detailed information on such schemes adopted, including copies of any relevant documents which relate to or describe the schemes.

3. With reference to its general observation on the Convention in its report in 1999, the Committee requests the Government to provide information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted a communication dated 17 July 1998 received from the Zambia Congress of Trade Unions (ZCTU). The Committee is examining the issues raised in this communication in its comments made under Convention No. 95.

1. The Committee has previously requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act regarding compulsory national service and its practical application. The Committee previously noted the Government's statement that as from 1982 there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee notes the Government's reaffirmation that no statutory instruments have been issued since enactment. The Committee also notes that in view of the Government's perception of there being no external threat to the well-being of the country, it intends to review the Act. The Committee therefore requests the Government to provide information on measures taken to amend or repeal the above-mentioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. In its earlier comment the Committee noted that pursuant to the Local Government Act (No. 22 of 1991) (Second Schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a Council. It asked the Government to supply information on any such schemes adopted. The Government indicates that such schemes, from which communities may derive direct benefit, are adopted in agreement with the communities concerned, and that these schemes are usually of a minor nature, such as keeping their general surroundings clean in order to prevent epidemics. While noting these indications, the Committee repeats its request for information on such schemes adopted, including copies of any legal texts establishing them.

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Article 1(1) and Article 2(1), of the Convention. Further to its previous comments, the Committee notes with satisfaction the Government's confirmation that regulation 41 of the Preservation of Public Security Regulations, under which employees in certain services could be prohibited from leaving their employment, was validly repealed by the Preservation of Public Security (Amendment) (No. 2) Regulations, 1993.

A request on certain other points is being addressed directly to the Government.

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The Committee notes the information provided by the Government in its report.

1. Referring also to its observation under the Convention the Committee notes that regulation 41 of the Preservation of Public Security Regulations was repealed by the Public Security (Amendment) (No. 2) Regulations, 1993. The Committee has noted information according to which the Public Security (Amendment) (No. 2) Regulations, adopted on 4 March 1993, would have been challenged in court. The Committee would appreciate if the Government would indicate whether the Public Security (Amendment) (No. 2) Regulations, 1993, were held valid and, if this was not the case, provide information on any measures envisaged to repeal regulation 41.

2. The Committee requested the Government to provide information on the practical application of the National Service Act and any statutory instruments issued under section 7, subsection 2, and section 9 of the Act. It also requested information on any measures taken or contemplated in relation to national service, particularly in the light of the Special Youth Schemes Recommendation, 1970 (No. 136).

The Committee notes the Government's indication in its report that the general view of the Act was to offer young people skills as there were reduced employment opportunities (vocational training in such trades as agriculture, carpentry, metal work, animal husbandry, construction work) and provide them also with skills to defend the country against hostile incursions. This programme was discontinued as from 1982 and from that period on there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The scheme had its disadvantages as it drained on the limited financial resources and the young persons did not use meaningfully the skills acquired during their service. The Government states that the scheme is dying out.

The Committee hopes that the Government will provide information on measures taken or envisaged to repeal the Act so as to bring legislation in conformity with the indicated practice.

3. The Committee noted that pursuant to Act No. 22 of 1991 (second schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Committee asked the Government to supply information on any such schemes adopted, including a copy of any legal texts establishing such schemes.

Furthermore, the Committee also requested the Government to provide information on the application of article 14(3)(e) of the Constitution of 1991.

As concerns Act No. 22 of 1991 the Committee notes the Government's indication in its report that communities in their local council areas have the civic responsibility to respond to schemes aimed at improving their social well-being, that the community is expected to participate in measures aimed at eliminating diseases and maintain a healthy environment and that these are civic responsibilities bestowed on persons living in the council areas as most councils have limited resources to fully service the needs of the community.

In relation to the constitutional provisions the Committee notes the Government's indication that community leaders sometimes call up their communities to carry out certain civil duties such as building and maintenance of water supply, roads, clinics, schools, etc., projects which are aimed at providing social services beneficial to communities.

The Committee refers to paragraph 34 of its 1979 General Survey on Forced or Compulsory Labour, where it noted that three exceptions provided for by the Convention refer to normal civic obligations among which minor communal services, as provided for in Article 2, paragraph 2(e), of the Convention. In paragraph 37 of the same Survey the Committee has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services. These criteria are as follows:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee again requests the Government to provide information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement and participation in community development as well as information on the measures taken to ensure the observance of the Convention taking into consideration the above criteria.

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Further to its previous comments, the Committee notes with satisfaction that Regulation No. 40 of the Preservation of Public Security Regulations, under which public officers could be prohibited from leaving their employment, was repealed by the Preservation of Public Security (Amendment) Regulations, 1990.

A request is being addressed directly to the Government in relation to Regulation No. 41 of the Public Security Regulations as well as on a certain number of other points.

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1. The Committee asked the Government to provide the statutory instruments issued under section 12, subsection 1, of the Defence Act; it notes the texts (No. 127 of 1960, No. 217 of 1965 and No. 102 of 1988) provided by the Government.

The Committee also requested the Government to provide information on the practical application of the National Service Act and any statutory instruments issued under section 7, subsection 2, and section 9 of the Act. It also requested information on any measures taken or contemplated in relation to national service, particularly in the light of the Special Youth Schemes Recommendation, 1970 (No. 136).

The Committee notes from the Government's report that contacts are being pursued with the ministries concerned to secure the information requested. It hopes that the Government will communicate this information with its next report.

2. The Committee notes that pursuant to Act No. 22 of 1991 (second schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Committee asks the Government to supply information on any such schemes adopted, including a copy of any legal texts establishing such schemes.

Furthermore, the Committee asks the Government to provide information on the application of article 14(3)(e) of the Constitution of 1991 and on any provisions adopted to establish the obligation to work as part of normal communal obligations.

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In its previous comments, the Committee observed that regulations 40 and 41 of the Preservation of Public Security Regulations, under which public officers and employees in certain services may be prohibited from leaving their employment, were not consistent with the Convention.

It notes the indications in the Government's reports for 1991 that regulation 40 has been revoked by statutory instrument No. 181 of 1990 and that the repeal of regulation 41 was being examined.

The Committee notes this information with interest. It hopes that the Government will provide a copy of statutory instrument No. 181 of 1990, together with information on any changes relating to regulation 41 referred to above.

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The Committee notes that the Government's most recent report does not supply the information previously requested. The Committee hopes that the Government will soon supply: (a) copies of the statutory instruments made under section 12, subsection 1, of the Defence Act to regulate the commisioning of officers, their terms of service, appointment, transfer, retirement and resignation; and (b) information on the practical application of the National Service Act, including copies of any statutory instruments made under its section 7, paragraph 2, and section 9, and information on any measures taken or envisaged in relation to the National Service, in the light also of the Special Youth Schemes Recommendation, 1970 (No. 136), to ensure the observance of the Convention.

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In previous comments the Committee has observed that regulations 40 and 41 of the Public Security Regulations, under which public officers and employees in certain services may be prohibited from leaving their employment, should be repealed or modified to ensure the observance of the Convention. The Committee notes the Government's statement in its most recent report, dated 11 May 1988, that consultations among government agencies are being actively pursued with a view to modifying or repealing these regulations. The Committee also notes from the report on the direct contacts mission to Zambia which took place in November 1989 concerning Convention No. 105 that regulations 40 and 41 of the Public Security Regulations had been introduced at the time of independence because of apprehension that there might be large-scale retirement of experienced officials; this having not occurred, the provisions were entirely unused in practice and their repeal had been approved some time ago. The repeal process had become stalled at the time of the last parliamentary elections, but would now be reactivated.

The Committee notes these indications with interest and hopes that the Government will soon be in a position to report the repeal of regulations 40 and 41 of the Public Security Regulations.