Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. In its previous comments, the Committee referred to the provisions respecting the special labour services, and in particular the building brigades covered by section 3 of the Universal Military Service Act of 1958 and Decree No. 100 of 1954, under which young persons may be called upon to perform their military service for two years in the special labour services. The Committee also noted that by virtue of Decree No. 100 the construction forces carry out economic, constructional and other tasks and that activities are organized for the ideological formation and education of the conscripts.

The Committee requested the Government to provide information on the duration of training, the nature of activities performed, and the proportion of young people receiving vocational training.

The Committee notes the information supplied by the Government in its report as well as the text of the provisions appended.

The Committee notes that according to the Government young people are selected for conscription in the construction corps at the preliminary examination of their fitness for service. The vast majority has received an occupational training before being called up. Those who have not received previous training are, after recruitment and basic military service, enrolled at their request in an occupational training course, at the end of which they undergo a period of work experience and take an examination.

The Government adds that on the strength of the training thus received all young people are assigned to building brigades and perform a definite work suiting their qualifications.

The Committee takes due note of this information. The Committee recalls that under the Convention only work of a purely military nature falls outside the scope of the Convention. A definite work in a building brigade has not such character.

Noting the Government's statement in its report that an Armed Forces Bill is being drafted which considers the future of the construction corps, the Committee hopes that the necessary measures will be taken to ensure that conscripts can only be called upon to perform work or services of a purely military nature, in conformity with Article 2, paragraph 2(a) of the Convention except in the case of an emergency (force majeure).

2. Referring to its previous comments the Committee notes that Decree No. 1253 of 30 June 1989 respecting civil mobilization in peacetime was repealed by an Act adopted on 18 December 1989 repealing some statutory provisions adopted between May and November 1989 (published in the Official Gazette, No. 99 of 22 December 1989).

The Committee requests the Government to provide information on the provisions at present governing civil mobilization and a copy of the applicable text.

3. The Committee notes that under section 18 of the universal military service Law, 1958 (as modified), the text of which was provided by the Government, officers and non-commissioned officers may resign after 25 years of service. The Committee requests the Government to provide information on measures taken or envisaged to preserve the right of this category of personnel in the service of the State to leave the service on their own initiative after a reasonable period, either at specified intervals or by giving notice.