Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information provided by the Government in its report.

1. Freedom to leave the service of the State. In its previous comments the Committee noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. Under sections 11A and 13(1A), which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee similarly had noted that under section 9(3) of the Navy Act, Cap. 138, a resigning officer or warrant rank shall be discharged as soon as possible, but shall be retained on board the ship to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Government had stated that in practice both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month and that it is only when the country is faced with a threat of a breakdown in law and order, that the acceptance of the resignation may be deferred until the situation returns to normal.

The Committee requested the Government to provide copies of rules or regulations applicable including the provisions laying down the mandatory notice of one month. Noting the Government's indication in its report that a copy of the relevant provisions will be provided as soon as obtained, the Committee expresses the firm hope that the texts in question will be communicated.

2. The Committee had requested the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

Noting the Government's indication that this information requested from the army has not yet been sent, the Committee again expresses the hope that it will be communicated as soon as it is obtained.

3. In its previous comments the Committee referred to regulation 66(1) of the Draft Prison Regulations under which convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority and it noted the Government's statement that it is not permissible to hire prisoners to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly under the Draft Prison Regulations that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship.

The Committee requests the Government to indicate in its next report any action taken in this regard and provide a copy of the prison regulations if adopted.