Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information and legislation supplied by the Government in its report.

In earlier comments, the Committee noted that under section 11(2) of the Defence Act, No. 7 of 1962, which corresponds to section 19(2) of the Defence Act Chapter 14:01, a person below the age of 18 years may be enlisted with the consent of his parents or, in the absence of a person having parental rights, with the consent of any person in whose care the person offering to enlist may be. According to regulation 7(2) of the Defence (Enlistment and Service) Regulations, 1962, the term of active service of a person so enlisted shall end on the date on which he attains the age of 24 years. The Committee further noted that under regulation 25 of the Cadet Force Regulations, cadets may be enrolled from age 12, but under regulation 27(1) of the same regulations, a cadet may resign from the Cadet Force at any time by handing in his uniform and notifying the Unit Commander of his resignation. The Committee asked the Government to indicate the minimum age of enlistment to the Defence Force and the practice followed in regard to resignation from the Defence Force by persons enlisted below the age of 18 years, and to supply the text of any applicable regulations.

In reply, the Government indicated in its report for 1985-86 that the minimum age of enlistment to the Defence Force is 18 years and there is no recruitment of persons under this age. In its latest report (for 1986-89) the Government states that the minimum age for enlistment is fixed according to section 19(2) of the Defence Act Chapter 14:01, and that there has been no amendment to this section.

The Committee observes that under section 19(2) of the Defence Act Chapter 14:01 (which is identical to section 11(2) of the Defence Act, 1962) a person below the age of 18 years may be enlisted in the conditions mentioned before. No minimum age is fixed for such enlistment. The Committee requests the Government to indicate any measures taken or envisaged to permit persons enlisted below the age of 18 years to resign from service in the Defence Force in conditions comparable to those granted to members of the Cadet Force under regulation 27(1) of the Cadet Force Regulations. Alternatively, consideration might be given to amending section 19 of the Defence Act Chapter 14:01 so as to raise the statutory minimum age of enlistment to 18 years, in accordance with the practice earlier referred to by the Government.