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

The Committee notes the indications provided by the Government in its report that the Government is reviewing the national legislation in order to bring it into line with international Conventions; that the labour legislation is being reviewed with ILO assistance; and that the Ministry of Manpower has set up working parties to re-examine ratified Conventions to ensure that they are strictly applied.

The Committee hopes that the current review will enable the requirements of the Convention to be taken fully into account and that measures will be taken to this end.

1. Use of conscripts for non-military purposes

In its comments, the Committee asked the Government to provide information on the practical application of section 1 of Act No. 76 of 1973 (amended by Act No. 98 of 1975) concerning general service for young persons on completion of their studies, and of section 21(c) of Act No. 127 of 1980 respecting national military service.

The Committee notes the information supplied by the Government in its report to the effect that the purpose of general service is to protect society, ensure the security of the nation and citizens as well as equality between persons performing this service and conscripts. The Committee has already referred in this connection to paragraphs 49 to 62 of its General Survey of 1979 on the abolition of forced labour. It recalls that the Conference, on adopting the Special Youth Schemes Recommendation, 1970 (No. 136), rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which calls for the prohibition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

It again requests the Government to provide detailed information on the practical effect given to the above legislation and on any measures taken in this respect to ensure observance of the Conventions on the abolition of forced and compulsory labour.

Article 25 of the Convention

In its previous comments, the Committee noted that article 13 of the Constitution prohibits the unlawful exaction of forced or compulsory labour but that no provision is made for specific penalties. In particular, section 375 of the Penal Code makes no provision in such cases. In the Labour Code, the penalty prescribed for an employer who requires a worker to perform work other than that for which he was engaged is a small fine (sections 54 and 170). Furthermore, persons not working in return for a wage and other categories of workers remain outside the scope of the Labour Code (sections 1 and 3).

The Committee recalls that Article 25 of the Convention requires the ratifying State to ensure that the unlawful exaction of forced or compulsory labour is made punishable as a penal offence and that the penalties are really adequate and strictly enforced.

The Committee hopes that, in the current review of the legislation, the necessary steps will be taken to complete the legislation and bring it into full conformity with the Convention, for example by modifying the scope of section 375 of the Penal Code and reinforcing the sanctions prescribed, or in any other suitable manner, and that the Government will indicate the action taken.

3. In its previous direct requests, the Committee asked the Government, in connection with sections 138(5) (as amended by Act No. 71 of 1973), and section 141 of Act No. 232 of 1959, to provide information on how these provisions are applied in practice to applications by officers of the armed forces to resign.

The Committee notes the Government's indication in its report, repeated from its previous report, that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and recalls that persons who have voluntarily entered the service - particularly career servicemen - may not be deprived of the right to leave the service in peace time within a reasonable period, either at specified intervals, or with previous notice. In order that it may ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee again asks the Government to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests.

The Committee hopes that the Government will provide this information, together with the copies that the Committee has already requested of Act No. 232 of 1959 as amended by Act No. 71 of 1973 and all the laws and regulations concerning employment in the public service which contain provisions on resignation.