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Forced Labour Convention, 1930 (No. 29) - Papua New Guinea (Ratification: 1976)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the above-mentioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16).The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G).In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question.The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10 paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force were allowed.
The Committee notes an absence of information on this point in the Government’s report. Referring to paragraph 290 of the General Survey of 2012 on fundamental Conventions concerning rights at work, the Committee recalls that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice. It therefore reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and the indicated practice. Pending such a revision, the Committee requests the Government to provide information on the application of the above provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for such refusals. It also requests a copy of the Defence Force Act with its next report.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It notes however the adoption of the Criminal Code (Amendment) Act 2013, which criminalizes trafficking in persons. The Committee will examine this Act at its next session together with the Government’s report. In the meantime, it is bound to repeat its previous comments.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted a communication from the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. This communication also stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. This report further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons.
The Committee notes the Government’s statement that there have been no investigations, prosecutions or convictions for trafficking in persons. Nonetheless, the Government acknowledges that human trafficking is a serious problem in the country, but that it lacks the proper legislation specifically criminalizing human trafficking. It states that while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions do not offer the maximum protection and penalties are not stringent as required by Article 25 of the Convention. However, it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill. This Bill would amend the Criminal Code to include a provision prohibiting human trafficking and has been endorsed by the National Executive Council.
The Committee notes the Government’s statement that a project is being conducted by the International Organization for Migration and the Department of Justice and the Attorney-General to provide a preliminary overview on the indicators of trafficking and the training needs of law enforcement officials. In this regard, it notes that a survey implemented under this project, entitled “Trafficking in persons and people smuggling in Papua New Guinea” indicated a high rate of domestic and international trafficking of both adults and children for the purpose of forced labour, sexual exploitation and domestic servitude. The survey also highlighted the vulnerability to trafficking of men and women who work in and around the logging industry, and other industries that operate at remote sites. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 30 July 2010, expressed concern about the lack of specific laws addressing trafficking-related problems and about cross-country trafficking, which involves commercial sex as well as exploitative labour (CEDAW/C/PNG/CO/3, paragraph 31). The Committee urges the Government to strengthen its efforts to combat trafficking in persons. In particular, it requests the Government to take the necessary measures to ensure that perpetrators of human trafficking are prosecuted and punished with adequate penal sanctions, as required by Article 25 of the Convention. It requests the Government to provide information on measures taken in this regard, including information on the number of investigations, prosecutions, convictions and specific penalties applied with regard to trafficking in persons.
2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s statement that in the absence of a proper legal framework, victims of trafficking are at risk for prosecution and further trauma. Currently, persons found without proper immigration papers are arrested and detained for deportation, without an assessment of their status as a victim of trafficking. Similarly, persons found engaging in prostitution are arrested and it is not assessed whether they are possibly victims of trafficking. The Committee requests the Government to strengthen its efforts with regard to the identification of victims of trafficking in persons, and to take the necessary measures to ensure that appropriate protection and assistance is provided to such victims. It requests the Government to provide information on the measures taken in this regard in its next report.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force were allowed.
The Committee notes an absence of information on this point in the Government’s report. Referring to paragraph 290 of the General Survey of 2012 on fundamental Conventions concerning rights at work, the Committee recalls that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice. It therefore reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and the indicated practice. Pending such a revision, the Committee requests the Government to provide information on the application of the above provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for such refusals. It also requests a copy of the Defence Force Act with its next report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted a communication from the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. This communication also stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. This report further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons.
The Committee notes with concern the Government’s statement that there have been no investigations, prosecutions or convictions for trafficking in persons. Nonetheless, the Government acknowledges that human trafficking is a serious problem in the country, but that it lacks the proper legislation specifically criminalizing human trafficking. It states that while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions do not offer the maximum protection and penalties are not stringent as required by Article 25 of the Convention. However, it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill. This Bill would amend the Criminal Code to include a provision prohibiting human trafficking and has been endorsed by the National Executive Council.
The Committee notes the Government’s statement that a project is being conducted by the International Organization for Migration and the Department of Justice and the Attorney-General to provide a preliminary overview on the indicators of trafficking and the training needs of law enforcement officials. In this regard, it notes that a survey implemented under this project, entitled “Trafficking in persons and people smuggling in Papua New Guinea” indicated a high rate of domestic and international trafficking of both adults and children for the purpose of forced labour, sexual exploitation and domestic servitude. The survey also highlighted the vulnerability to trafficking of men and women who work in and around the logging industry, and other industries that operate at remote sites. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 30 July 2010, expressed concern about the lack of specific laws addressing trafficking-related problems and about cross-country trafficking, which involves commercial sex as well as exploitative labour (CEDAW/C/PNG/CO/3, paragraph 31). The Committee urges the Government to strengthen its efforts to combat trafficking in persons. In particular, it requests the Government to take the necessary measures to ensure the adoption of the People Smuggling and Trafficking in Persons Bill as well as to ensure that perpetrators of human trafficking are prosecuted and punished with adequate penal sanctions, as required by Article 25 of the Convention. It requests the Government to provide information on measures taken in this regard, including information on the number of investigations, prosecutions, convictions and specific penalties applied with regard to trafficking in persons.
2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s statement that in the absence of a proper legal framework, victims of trafficking are at risk for prosecution and further trauma. Currently, persons found without proper immigration papers are arrested and detained for deportation, without an assessment of their status as a victim of trafficking. Similarly, persons found engaging in prostitution are arrested and it is not assessed whether they are possibly victims of trafficking. The Committee requests the Government to strengthen its efforts with regard to the identification of victims of trafficking in persons, and to take the necessary measures to ensure that appropriate protection and assistance is provided to such victims. It requests the Government to provide information on the measures taken in this regard in its next report.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.
The Committee pointed out that career military officers and other career members of the armed forces, who have voluntarily entered into an engagement, cannot be deprived of 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 (see e.g. the explanations contained in paragraphs 46 and 96–97 of the Committee’s 2007 General Survey on the eradication of forced labour).
The Committee previously noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence stand-by, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It also noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, the number of the Defence Force members would gradually decline and voluntary discharges from the Force were allowed.
The Government indicates in its latest report that it has not yet received any formal communication from the Department of Defence on the issues raised by the Committee. However, the Government reaffirms its commitment to submit to the ILO a full and comprehensive report during the next reporting period.
While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes a communication dated 31 August 2011, received from the International Trade Union Confederation (ITUC), which contains allegations concerning cases of trafficking in persons for sexual and labour exploitation. It notes that this communication was sent to the Government, on 13 September 2011, for such comments as it may wish to make on the matters raised therein. According to the allegations, there are cases where women and girls, especially from the tribal areas, are forced into prostitution or domestic servitude, and men are forced into labour in logging camps and mines. The ITUC alleges that there have been no investigations, prosecutions or convictions for trafficking in persons.
The Committee refers in this connection to its observation addressed to the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it noted the report of the Office of the High Commissioner for Refugees on trafficking in persons in Papua New Guinea (“Trafficking Report”), which states that trafficking is a significant problem in the country. According to the report, women and children are trafficked within the country for the purpose of commercial sexual exploitation and domestic servitude, and women and children from China, Malaysia, the Philippines and Thailand are trafficked to Papua New Guinea for forced prostitution. In this observation, the Committee expressed its deep concern that comprehensive legislation prohibiting all forms of trafficking has yet to be adopted.
The Committee hopes that the Government will take the necessary measures, in the near future, in order to prevent, suppress and punish trafficking in persons. In particular, the Committee hopes that measures will be taken with a view to adopting comprehensive anti-trafficking legislation and that perpetrators of human trafficking will be prosecuted and punished with adequate penal sanctions, as required by Article 25 of the Convention. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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.

The Committee notes the provisions of section 32 of the Defence Force Act, reproduced by the Government in its report, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence standby. It also notes the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, as the country is in peacetime, the number of the Defence Force will gradually decline and voluntary discharges from the Force are allowed. The Committee further notes that the Government shares its view that the existing provisions governing the resignation of officers are not compatible with the Convention, as well as the Government’s intention to provide copies of the Committee’s comments to the Ministry for Defence with the view of possible revision of these provisions.

The Committee expresses the firm hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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.

The Committee notes the provisions of section 32 of the Defence Force Act, reproduced by the Government in its report, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence standby. It also notes the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, as the country is in peacetime, the number of the Defence Force will gradually decline and voluntary discharges from the Force are allowed. The Committee further notes that the Government shares its view that the existing provisions governing the resignation of officers are not compatible with the Convention, as well as the Government’s intention to provide copies of the Committee’s comments to the Ministry for Defence with the view of possible revision of these provisions.

The Committee expresses the firm hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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.

The Committee notes the provisions of section 32 of the Defence Force Act, reproduced by the Government in its report, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence standby. It also notes the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, as the country is in peacetime, the number of the Defence Force will gradually decline and voluntary discharges from the Force are allowed. The Committee further notes that the Government shares its view that the existing provisions governing the resignation of officers are not compatible with the Convention, as well as the Government’s intention to provide copies of the Committee’s comments to the Ministry for Defence with the view of possible revision of these provisions.

The Committee expresses the firm hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to section 2.2, Chapter 41 (“Resignation – Officers”) of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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.

The Committee notes the provisions of section 32 of the Defence Force Act, reproduced by the Government in its report, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence stand-by, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It also notes the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, as the country is in peacetime, the number of the Defence Force will gradually decline and voluntary discharges from the Force are allowed. The Committee further notes that the Government shares its view that the existing provisions governing the resignation of officers are not compatible with the Convention, as well as the Government’s intention to provide copies of the Committee’s comments to the Ministry for Defence with the view of possible revision of these provisions.

The Committee expresses firm hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to section 2.2, Chapter 41 ("Resignation - Officers") of the Defence Force Manual, under which the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same Chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

The Committee pointed out, referring also to the explanations in paragraphs 68 and 72 of its General Survey of 1979 on the abolition of forced labour, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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.

The Committee notes the provisions of section 32 of the Defence Force Act, reproduced by the Government in its report, according to which the period of service required of a member of the Defence Force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the Defence Force is entitled to be discharged with all convenient speed from the Force, except in time of war or during a defence stand-by, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It also notes the Government’s repeated statement that, with the current retrenchment exercise being carried out in the Defence Force, as the country is in peacetime, the number of the Defence Force will gradually decline and voluntary discharges from the Force are allowed. The Committee further notes that the Government shares its view that the existing provisions governing the resignation of officers are not compatible with the Convention, as well as the Government’s intention to provide copies of the Committee’s comments to the Ministry for Defence with the view of possible revision of these provisions.

The Committee expresses firm hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Defence Force Act.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Freedom of persons in the service of the State
to terminate employment

1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the information on the provisions specifying the required period of service to be completed by the officer in return for training received (Chapters 84 and 89 of the Defence Force Manual). It has also noted the Government’s indication in the report that the information provided in its earlier reports was obtained from the Defence Force Manual of Personnel Administration, and not the Defence Force Act. The Committee therefore requests the Government to supply, with its next report, a copy of respective provisions of the Defence Force Act.

2. The Committee previously noted that, according to section 2.2, Chapter 41 ("Resignation - Officers"), of the Defence Force Manual, the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

3. The Committee points out once again that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the forced labour Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of 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 (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour).

4. The Committee notes that the Government shares its view that the existing provisions governing the resignation of officers are contrary to the Convention. It has also noted the Government’s statement in the report that, based on the current trend of development taking place in the country to address the economic hardships that the country is facing, the Defence Force is undergoing a downsizing of its armed forces; while the retrenchment exercise is currently being implemented, there are also voluntary discharges from the Force where officers can leave the Force with their own request. The Government adds that, according to the defence concepts, the country is in the period of peacetime, and therefore there is no major need to retain any officer who is willing to leave the force through voluntary resignation.

5. While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of Chapter 113 of the Defence Force Act governing a procedure of appeal against a decision to reject a resignation, to which reference is made in the Government’s report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Freedom of persons in the service of the State to terminate employment. The Committee has noted that, according to section 2.2, Chapter 41 ("Resignation - Officers"), of the Defence Force Act, the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer.

The Committee previously recalled that it had considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the forced labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of 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 (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour).

The Committee therefore hopes that the necessary measures will be taken in order to bring the abovementioned provisions of the Defence Force Act into conformity with the Convention on this point. It also requests the Government to provide, in its next report, a copy of the provisions specifying the required period of service to be completed by the officer in return for training received (Chapters 84 and 89 of the Defence Force Act), to which reference is made in the Government’s report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in reply to its earlier comments.

Freedom of persons in the service of the State to terminate employment. The Committee notes that, according to section 2.2, Chapter 41 ("Resignation - Officers"), of the Defence Force Act, the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer.

The Committee previously recalled that it had considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the forced labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of 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 (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour).

The Committee therefore hopes that the necessary measures will be taken in order to bring the abovementioned provisions of the Defence Force Act into conformity with the Convention on this point. It also requests the Government to provide, in its next report, a copy of the provisions specifying the required period of service to be completed by the officer in return for training received (Chapters 84 and 89 of the Defence Force Act), to which reference is made in the Government’s report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in it previous direct request.

  Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(d), of the Convention.For a number of years the Committee has requested the Government to supply a copy of the internal instructions concerning resignation from the Defence Force. This request deals, in particular, with the freedom of persons in the service of the State to terminate their employment on their own initiative.

The Committee recalls that it has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peace time 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 (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour). Thus, the Committee is requesting the above-mentioned internal instructions in order to examine their provisions concerning resignation from the Defence Force as to ascertain their conformity with the Convention. The Committee urges the Government to provide a copy of the internal instructions concerning resignation from the Defence Force with its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(d), of the Convention. For a number of years the Committee has requested the Government to supply a copy of the internal instructions concerning resignation from the Defence Force. This request deals, in particular, with the freedom of persons in the service of the State to terminate their employment on their own initiative.

The Committee recalls that it has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peace time 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 (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour). Thus, the Committee is requesting the above-mentioned internal instructions in order to examine their provisions concerning resignation from the Defence Force as to ascertain their conformity with the Convention. The Committee urges the Government to provide a copy of the internal instructions concerning resignation from the Defence Force with its next report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report contains no reply to previous comments.

Referring to its general direct request of 1981 on freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that once again no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that once again no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

The Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Referring to its general direct request of 1981 on the freedom of persons in the service of the State to terminate their employment on their own initiative, the Committee, in previous comments, asked the Government to supply a copy of the internal instructions concerning resignation from the Defence Force.

Noting the Government's repeated indication in its report that a copy will be provided as soon as it is made available, the Committee, recalling that it has been requesting the Government for a number of years to send relevant instructions, expresses once more the hope that the texts will soon be provided.

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