Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service of young persons on completion of their studies. According to section 1 of the Act, young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had 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 both with the present Convention and Convention No. 105, which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee previously noted the Government’s indication concerning a proposal submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service of young persons referred to above, so as to provide for the voluntary nature of the service. The Government indicates in its latest report that the amendment of the Act is still under discussion. It also reiterates that, as regards the application of the current legislation, civic service continues to be of a voluntary nature and no application for exemption from such service submitted by any person has been refused.

The Committee expresses the firm hope that the Act concerning general (civic) service of young persons will soon be amended by clearly providing that the participation of young people in the civic service programme is voluntary, in order to ensure the observance of the forced labour Conventions. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who applied for exemption from such service and those whose applications have been refused.

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