Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Articles 1 and 2 of the Convention.  1.  In its earlier comments, the Committee noted that Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country provides for citizens to be conscripted to accomplish certain tasks in the interest of the nation in conditions which are established by decree, either by individual or collective decision. This period of compulsory service may not exceed two years, but may be renewed, (sections 2, 4 and 6).

The Committee has noted that the Government insists on reaffirming that the text in question refers to extraordinary circumstances. The Government draws the Committee’s attention to section 1 of the Implementing Decree No. 63-48 of 9 February 1963, which provides that conscription is only possible in the event that the recruitment of the necessary personnel by ordinary means proves inadequate or to respond to an extraordinary situation, particularly one which may jeopardize the functioning of a service essential to the nation. The Committee has noted that the situations covered by the Decree (section 2) are not in conformity with the nature of force majeure, disaster or generally with the circumstances which threaten the whole or part of the population.

Under the circumstances, the Committee considers that this form of labour is not covered by any of the exceptions provided for under Article 2 of the Convention. The Committee refers to the General Survey of 1979 on the abolition of forced labour, paragraphs 63 to 66, and again requests the Government to indicate the measures envisaged to bring its legislation into conformity with the Convention, for example, by repealing or amending the texts in question or by establishing in legislation the principle that conscription may only take place in circumstances which endanger or may endanger the lives, the existence or the well-being of the whole or part of the population.

2.  The Committee has noted Act No. 95-695 of 7 September 1995 respecting the Military Service Code. It notes that service is ended in particular by resignation (section 69). The Committee has taken into consideration the previous information provided by the Government relative to the resignation of career service personnel, in particular those who have completed specialized or advanced training, and has no further comments to make on this point.

3.  With regard to the suspension of civic service provided for under Order No. 8193/MD/CAB1 of 31 December 1983, the Committee has noted that the Government re-emphasizes that the shortage in the number of copies of the Official Journal published does not prevent the application of the measure adopted, since the measure adopted has been the object of a public awareness campaign and published in the national press. The Committee has taken due note of this.