Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Article 2, paragraph 2(a) and (d), of the Convention. In the comments it has been making for some years, the Committee has referred to the situation concerning the non-military work that conscripts can be required to perform. Article 274 of the Constitution of the Republic (formerly article 320) provides that the armed forces shall cooperate with the executive branch in the fields of literacy campaigns, education, agriculture, conservation of natural resources, road construction, communications, health, land reform and in emergency activities. The Committee asked the Government to adopt the necessary measures to ensure that conscripts may be called upon to perform only work or services of a purely military character, except in cases of emergency, in conformity with Article 2, paragraph 2(a) and (d) of the Convention.

The Committee had noted that a draft executive decree had been prepared to amend the regulations issued under the Military Service Act, which provides that conscripts performing their military service shall be required to undergo only such training and preparation as is necessary for the proper performance of exclusively military duties, in conformity with the provisions of Article 2 of Convention No. 29 of the International Labour Organization.

The Committee had observed that an executive decree, inferior in rank to the above-mentioned provision of the Constitution, did not appear to ensure observance of the Convention in this respect.

The Committee hopes that the Government will take the necessary measures to provide explicitly that non-military work can be exacted from persons performing compulsory military service only in cases of force majeure.

The Government is requested to indicate the progress made in this regard.