Observación (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

1. In earlier comments, the Committee noted in relation to section 53 of the Defence Act, 1954, the Government's indication that persons enlisted in the defence forces at an age lower than 18 years have no option to terminate their service unilaterally on reaching that age. Regulations prescribe minimum periods of enlistment which differ on the basis of the nature of the employment selected: general service, apprentice/technician, army, naval service, etc. The Government indicated that enlisted personnel might purchase their discharge. The Committee requested the Government to indicate at what age and under which pecuniary conditions a person enlisted as a minor may purchase his freedom.

In its latest report the Government indicates that in the view of the Attorney-General, service in the defence forces could not constitute forced or compulsory labour as defined by this Convention because such service would have been entered into voluntarily and the persons concerned would have been aware that they would be bound by military law and discipline.

The Committee takes due note of this view. Referring to the explanations provided in paragraphs 67 to 72 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, even where employment is originally the result of a freely conducted agreement, the worker's right to free choice of employment remains inalienable and the Committee has accordingly considered that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. The Committee also has pointed out that the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

This is all the more so where the voluntary nature of the engagement is held by the Government against a person who entered such engagement while being a minor, with or without the consent of his parents or guardian.

The Committee again requests the Government to indicate at what age and under what conditions a person enlisted as a minor may leave the service.

2. With reference to its previous comments concerning sections 47(6) and 49(2) of the Defence Act, 1954, concerning the early retirement or resignation of officers, the Committee hopes that the Government will indicate in future reports any changes that may occur in the provisions concerned or in the manner of their application.