Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's reply to its earlier comments.

The Committee previously noted that under section 11(2) of the Defence Act, 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 of the person in whose care he may be, no minimum age being fixed for such enlistment. The Committee noted the Government's indications that there were no measures taken to permit persons enlisted under that age to resign, but that enlistment remained fixed at the age of 18 and that no recruitment under this age had taken place.

The Committee takes due note of the Government's view expressed in the report that, enlistment in the Defence Force being voluntary, it does not constitute forced labour within the meaning of the Convention. The Committee also notes the Government's statement that it has not ratified the Minimum Age Convention, 1973 (No. 138). The issue is not one related to another Convention, it is an issue of voluntariness. As the Committee pointed out earlier (see page 90 of its report to the 83rd Session of the ILC (1996)), the question arises, with regard to Article 2(1) of the Convention, whether, and if so under what circumstances, a minor can be considered to have offered himself "voluntarily" for work or service, and whether or when the consent of the parents is sufficient in this regard. Since in actual practice, it appears that no recruitment under the age of 18 takes place, the Committee again requests the Government to give consideration to amending section 19(2) of the Defence Act, Chapter 14.01, so as either to fix the legal minimum age of enlistment at 18, or to allow a person enlisted below the age of 18 to leave the service by his own decision upon attaining the age of 18.

The Committee in making this request has also had regard to the Government's comments concerning Regulations 25 and 27 (Cadet Force Regulations), made under the Cadet Force Act, Chapter 14.02. The Committee makes no adverse comments with regard to those Regulations, on the contrary, as indicated in its previous direct request, it considered those Regulations to provide an example which may be emulated to overcome the present problems with Chapter 14.01.

The Committee previously noted from the Government's report, received in October 1996, that the concerns had been forwarded for the consideration of a Cabinet-established committee, mandated to review the Defence Act and its subsidiary legislation. The Committee once again expresses the hope that the Government will be in a position to indicate in its next report action taken following the consideration of the abovementioned committee.