Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Freedom of career military personnel to leave their service. Over a number of years, the Committee has been requesting the Government to supply details regarding the criteria applied in accepting or rejecting a resignation submitted by a person wishing to resign from the army in accordance with the requirements laid down by Law No. 32 of 1967 (sections 104 and 105). The Committee noted that it is the obligation of the person seeking to resign to continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation which otherwise complies with the requirements of sections 104 and 105. It noted that neither section 104 nor 105 establishes the criterion used for deciding whether a resignation presented in compliance with the conditions laid down in these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey 1979 of on the abolition of forced labour, the Committee wishes to point out once again that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Having noted that the Government’s report contains no new information on the subject, the Committee again requests the Government to indicated clearly the criteria applied in accepting or rejecting a resignation presented in conformity with sections 104 and 105 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.