Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.