Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Referring to point 1 of its observation under the Convention, the Committee has noted the Government’s reply to its earlier comments.

In comments it has been making since 1987, the Committee referred to Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee also noted the Government’s indications in its report concerning an exchange of letters with the Ministry of Defence and the views expressed by the latter.

As the Committee repeatedly pointed out, referring also to paragraphs 33 and 72 of its 1979 General Survey on the abolition of forced labour, career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee has noted the Government’s indications in its report that the Committee for Consultation and Tripartite Dialogue shall examine the abovementioned Legislative Decree No. 53 of 1962 with a view to amending it so as to meet the Committee of Experts’ requests concerning the acceptance of the resignation of the individuals of the armed forces. The Committee reiterates its hope that the necessary measures will be taken to amend the legislation so as to ensure full conformity with the Convention on this point, in law and in practice.