Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

Freedom of members of the armed forces to leave the service. The Committee notes the texts provided by the Government in answer to its previous comments.

In its earlier comments, the Committee noted the provisions of Act No. 9/85 of 29 January 1986 establishing the general conditions of service of members of the armed forces and it requested the Government to provide information on the length of service required in order to be able to enter a military college and on the length of service required following a training.

The Committee notes the provisions, particularly those on the period of service, and the Decrees adopted to implement Act No. 9/85 which establishes the special status of members of the national police force, national constabulary, the army, the airforce, the national navy, the fire-fighters' battalion, members of the mobile security force (Decrees Nos. 000345/PR/MDNACSP to 350/PR/MDNACSP of 28 March 1988).

The Committee further notes the provisions of Decree No. 000351/PR/MDNACSP of 28 March 1988 on the status of military officers. It notes that student officers admitted after competitive examination agree to a service period of ten years (article 11).

The Committee notes that in accordance with the provisions of Decree No. 000352/PR/MDNACSP of 28 March 1988 on the special status of servicemen, young persons may be recruited for periods of 12 years and that they may terminate such recruitment on request approved by the authority only in cases of serious events of a family or personal nature beyond their control and taking place subsequent to their recruitment (articles 2, 3, 20(3) of the Decree and 116 of Act No. 9/85).

The Committee recalls paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour in which it observed that career members of the armed forces may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with prior notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee requests the Government to indicate the measures taken or envisaged to permit student officers and servicemen to leave the service within a reasonable period.