Civil conscription

Civil conscription is the obligation of civilians to perform mandatory labour for the government. This kind of work has to correspond with the exceptions in international agreements, otherwise it could fall under the category of unfree labour. There are two basic kinds of civil conscriptions. On the one hand, a compulsory service can be ordered on a temporary basis during wartimes and other times of emergency, like severe economic crisis or extraordinary natural events to provide basic services to the population. These include, but are not limited to, medical care, food supplies, defense industry supplies or cleanup efforts, following a severe weather or environmental disaster for the duration of the emergency situation. Therefore, it generally makes striking illegal for the duration of the civil mobilization.[1] On the other hand, a revolving mandatory service may be required for a longer period of time, for example, to ensure community fire protection or to carry out infrastructure work at a local or community level.

Legal situationEdit

 
Member States (green) of the Convention. ILO members that did not ratify are shown in red

Civil conscription is an exception of the Forced Labour Convention of 1930 of the International Labour Organization (ILO) and therefore unfree labour shall not include:[2]

Types of civil conscriptionEdit

The civil conscription services can be classified into three basic types:

Civil conscription due to extraordinary eventsEdit

In times of extraordinary events, such as in times of war, in economic crisis, in the event of natural disasters or during the occurrence of epidemics or pandemics, a civil duty may be established to perform the tasks deemed necessary by the government for a certain period of time, to ensure the restoration of former status quo. These important tasks include the basic supply of the population, such as medical care, food supply, the defense industry for the duration of the war or a state of emergency, and the removal of damage to the infrastructure after severe weather or environmental disasters.

Civilian conscription for the benefit of the communityEdit

A government can order a civil service duty to be performed repetitive for a longer period of time, for example to ensure the fire protection of a municipality or to carry out simple work at the municipal level, that smaller municipalities are unable to do financially or due to lack of manpower.

Civilian duty to strengthen "national values"Edit

Some countries have implemented a compulsory service for younger age groups or educational groups to convey "national values" and to strengthen national cohesion, which in part has to be done in military, social or school-like institutions.

Present-day civil conscriptionEdit

 
Logo of the French Service national universel

FranceEdit

État d'urgence sanitaire

During a état d'urgence sanitaire (French for: "Sanitary state of emergency") it is possible to draft personnel of necessary professional groups to combat a health disaster, like during the COVID-19 pandemic in France.[3]

Journée Défense et Citoyenneté

In 1998 the Journée Défense et Citoyenneté (JDC), the "Defence and Citizenship Day", was established by the French President, Jacques Chirac, after suspending the conscription for the military service. It is a one-day program that deals with citizenship, Duty of Remembrance, awareness on defence, army, nation, European issues etc.[4]

Service national universel

In 2019, President Emmanuel Macron introduced a compulsory service, the Service national universel (SNU), the "General National Service", which will be mandatory for all citizens aged 16–25 from 2021 onwards. It lasts for one month, the service can be done in both civilian and military institutions. The aim of this general civil conscription is to communicate French values, to strengthen social cohesion and to promote social engagement.[5][6][7]

Federal Republic of GermanyEdit

Federal level

Beside the draft of male citizens for the military service, which is suspended for peacetime, the German constitution allows civil conscription as well. In addition to the military service in the case of the "State of Defence", female citizens between the ages of 18 and 55 could be called to perform medical duties, male citizens could be drafted for a mandatory service in the border guard or in a civil protection force. If required, the freedom to practice one's profession in the event of tension and defense may be limited.[citation needed]

State level

Depending on the respective state's legislations and in addition to the - in theory possible - mandatory civil service obligations at the federal legislation level, there are three more civil conscription services possible, that allow communities to draft citizens:

  • the Compulsory Fire Service (German: Pflichfeuerwehr), which in fact is in force in a handful of communities,
  • the Dyke Relief Service (German: Deichhilfe), the draft of citizens by communities in the case of floodings and crevasse, and
  • the Hand and hitch-up services (German: Hand- und Spanndienste), which is still enforced in small communities to maintain their infrastructure[8]
 
Logo of the Ghanaian National Service Secretariat
Political discussions and proposals

From time to time there are proposals for civil conscription of all citizens for general (social) services, that are considered to be legally problematic and could violate not only international agreements and the regulations of the German constitution as well, without a constitutional amendment.[9][10][11] Those proposals are the establishment of a Soziales Pflichtjahr (German for "obligatory year of social service") or Bürgerarbeit (German for "citizens´ work"), a workfare-style draft for unemployed persons. In 2020, during the COVID-19 pandemic in Germany the state governments of Lower Saxony and North Rhine-Westphalia planned to establish a compulsory service for doctors and medical staff in the event of an epidemic and the legislative proposals were already in preparation. However, after protests by medical associations and other interest groups, the plans were ceased.[12][13][14][15]

GreeceEdit

Although the government´s legal right to order civil conscription was abolished in 2015, the parliament again created a legal basis in 2020 in the wake of the COVID-19 pandemic in Greece. On this basis, freelance doctors were committed to service in state hospitals in March 2021.[16][17]

GhanaEdit

In Ghana, students who graduate from accredited university are required by law to do a one-year national service to the country. The National Service Secretariat (NSS) is the Government of Ghana agency mandated to formulate policies and structures for national service. The mandatory civilian service can be fulfilled in youth programms, agriculture, health and local government institutions.[18] There is currently no military conscription in Ghana.[citation needed]

IsraelEdit

In 1967, in connection with the Six Day War, the Israeli Knesset passed the "Emergency Labor Service Act" to ensure the supply of essential goods and military equipment. In 1997 and 2020 in the wake of the corona pandemic, the law was repeatedly adapted.[19] In the event of a crisis and the implementation of the "Emergency Labor Service Act", the law obliges every resident of Israel, with the exception of police officers, soldiers, pregnant women and mothers of babies, to a compulsory labor service in "essential companies". These essential companies are relevant to the security of the country or are maintaining basic services, such as electricity , water supply, communication and food supply.[20] Employees must appear on time and can be transferred to other offices anytime.

NigeriaEdit

In Nigeria there is no military conscription, but since 1973 graduates of Nigerian universities and polytechnics are required to serve in the mandatory National Youth Service Corps (NYSC). The Nigerian government wants to involve Nigerian graduates in nation building and the development of the country. The compulsory service lasts one year and graduates are ineligible for employment in governmental establishments (and most private establishments) until they have completed the mandatory service or obtained the relevant exemptions.[citation needed]

SlovakiaEdit

Due to the severe course of the COVID-19 pandemic in Slovakia, the state of emergency was declared in September 2020 by the government under the leadership of Slovak Prime Minister Igor Matovič. Among others legal rights, the government obliged medical personnel to work and to be transferred to other medical facilities. The right to strike was revoked.[21][22][23][24]

SpainEdit

During an estado de alarma, the "state of alarm", the Spanish government can impose civil conscription. This state of emergency has been declared to conscript different professional groups since the end of Francoist Spain a few times:

 
Poster of the Swiss Civil Defense Museum

SwitzerlandEdit

In general, the political system in Switzerland is characterized by the so-called militia-system, where civilian service tasks basically are carried out on a part-time basis. Currently, not only the compulsory military service in the Swiss Armed Forces is backed on the militia-system, many political and civilian service duties are maintained by the militia secondary activity. For example, members of cantonal or federal parliaments or governments in general engage on part-time basis.

Unlike to the organization of fire brigades in most countries as professional or voluntary fire departments, in Switzerland there are basically militia fire brigades, compulsory fire brigades with drafted members.

The duty in Swiss civil defense and protection institutions is mandatory for inhabitants as well.[30]

Former civil conscriptionsEdit

BelgiumEdit

To prevent a doctors strike the Belgium government, in April 1964, issued a civil mobilization order for hospital doctors and military doctors.[31]

 
A plaque that says that the building was constructed in course of Akce Z

CzechoslovakiaEdit

During the communist rule in Czechoslovakia the government announced a non-remunerated activity programme called Action Z (in Czech: Akce Z ) for the population. Officially, it was a voluntary work, but in fact it was mandatory. The participation at the Action Z programme was documented and citizens who did not participate or whose participation was unsatisfactory, were threatened with consequences at their regular work.[citation needed]

 
Reich Labour Service of Nazi-Germany in 1940

GermanyEdit

East GermanyEdit

In East Germany the officially volunteer Subbotnik service was de facto obligatory the population. With this service, the local communities helped in the maintenance of local infrastructure.[32]

Nazi GermanyEdit

Apart from the use of forced labour under German rule during World War II, the compulsory use of the Nazi German civilian population in the Reich Labour Service as early as 1935 was an appliance of the Nazi labor market policy.[citation needed]

GreeceEdit

In Greece the introduction of civil conscription, called "political mobilization", was made possible by law in 1974 and several governments have made use of it. As early as 1979 bank employees and several times in the 1980s and 1990s employees of traffic and transport companies were obliged to perform work. In the years from 2010 to 2014 again, due to the Greek debt crisis, certain professional groups were made subject to civil conscription in order to provide public services as a national interest. For example, truck drivers, employees of transport companies, employees of municipalities and teachers were obliged to perform at work. In 2015, the ruling party Syriza abolished the possibility of civil conscription.[33][34][35]

Civil conscription during the debt crisis in Greece:
Year Workers
2010 Truck drivers[36]
2011 Municipal cleaning staff
2013 Workers in Athens metro, tram and electric railway[37]
2013 Maritime workers [38]
2013 High school teachers[39]
2014 Electricity power workers[40]
 
Bevin Boys receiving training from an experienced miner at Ollerton, Nottinghamshire, February 1945

SeychellesEdit

The National Youth Service (NYS) was a youth service program implemented in 1981 by the government of Seychelles that lasted two years until 1991, when it was reduced to a period of one year. It was a formerly compulsory civil service and included traditional educational curriculum, political education and paramilitary training. The Seychellois opposition opposed the program on the grounds, that it allegedly indoctrinated young adults with the ruling Seychelles People's Progressive Front's socialist ideology and that it rarely allowed its participants to visit their families. This mandatory service was ceased in November 1998.[citation needed]

United KingdomEdit

Due to a labour shortage between December 1943 and March 1948, because of World War II and the aftermath, the British government started to draft civil conscripts, the so-called Bevin Boys, for the work in coal mines.[41]

See alsoEdit

ReferencesEdit

  1. ^ "CIVIL CONSCRIPTION". Eurofound. Retrieved 2021-05-07.
  2. ^ "Convention C029 - Forced Labour Convention, 1930 (No. 29)". www.ilo.org.
  3. ^ "Chapitre Ier bis : Etat d'urgence sanitaire (Articles L3131-12 à L3131-20) - Légifrance". www.legifrance.gouv.fr. Retrieved 2021-05-07.
  4. ^ "Defence and Citizenship Day". defense.gouv.fr. Retrieved 2021-05-07.
  5. ^ "Le service national universel (SNU) : Jeunesse engagée". Ministère de l'Education Nationale de la Jeunesse et des Sports (in French). Retrieved 2021-05-07.
  6. ^ "France begins trial of compulsory civic service for teens". France 24. 2019-06-16. Retrieved 2021-05-07.
  7. ^ "France's raw recruits sign up for return of national service". BBC News. 2019-06-25. Retrieved 2021-05-07.
  8. ^ "Hand- und Spanndienste - Rechtslexikon". www.rechtslexikon.net. Retrieved 2021-05-07.
  9. ^ https://www.bundestag.de/resource/blob/436804/3cbeab33e17eb8e717688be45ee74bfd/WD-3-165-16-pdf-data.pdf
  10. ^ https://www.bundestag.de/resource/blob/436784/bc12a4dffc0661a0d9abca98c41457d8/wd-3-154-16-pdf-data.pdf
  11. ^ https://www.lto.de/recht/hintergruende/h/allgemeine-dienstpflicht-einfuehrung-verfassung-wehrpflicht-zivildienst/
  12. ^ https://www.welt.de/regionales/niedersachsen/article208935023/Dienstverpflichtung-fuer-Aerzte-und-Pfleger-aufgegeben.html
  13. ^ https://www.braunschweiger-zeitung.de/niedersachsen/article229255610/Koalition-rueckt-von-Dienstverpflichtung-fuer-Aerzte-und-Pfleger-ab.html
  14. ^ https://www.zeit.de/arbeit/2020-04/corona-krise-aerzte-pflegekraefte-arbeit-verpflichtung-armin-laschet
  15. ^ https://www.zeit.de/arbeit/2020-04/corona-krise-aerzte-pflegekraefte-arbeit-verpflichtung-armin-laschet/seite-2
  16. ^ https://www.reuters.com/article/uk-health-coronavirus-greece-idUKKBN2BE0M2
  17. ^ https://abcnews.go.com/International/wireStory/greece-orders-private-doctors-join-covid-19-battle-76600943
  18. ^ https://nss.gov.gh/about-us/
  19. ^ https://fs.knesset.gov.il/6/law/6_lsr_209577.PDF
  20. ^ https://www.globes.co.il/news/article.aspx?did=662124
  21. ^ https://spectator.sme.sk/c/22499672/coronavirus-in-slovakia-national-emergency-declared-on-october-1-2020.html
  22. ^ https://www.aerzteblatt.de/nachrichten/116997/Slowakische-Regierung-verhaengt-Notstand
  23. ^ https://www.cbbl-lawyers.de/slowakei/arbeitsrecht-in-der-slowakei/
  24. ^ https://orf.at/stories/3205739/
  25. ^ https://elpais.com/elpais/2010/12/04/actualidad/1291454218_850215.html
  26. ^ https://www.elmundo.es/elmundo/2010/12/04/espana/1291425368.html
  27. ^ https://www.elmundo.es/espana/2020/03/13/5e6b844e21efa0dd258b45a5.html
  28. ^ https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-3692
  29. ^ https://www.expansion.com/sociedad/2020/06/20/5eee4e62468aeb871f8b45c6.html
  30. ^ "Archived copy". Archived from the original on 2017-09-20. Retrieved 2019-10-07.CS1 maint: archived copy as title (link)
  31. ^ https://www.nytimes.com/1964/04/13/archives/belgian-doctors-answer-callup.html
  32. ^ McGrain, Sally. "Their Roots Give Former East Germans an Edge". The New York Times. Retrieved 5 March 2021.
  33. ^ http://www.keeptalkinggreece.com/2013/05/11/greek-govt-to-issue-86000-civil-mobilization-orders-for-teachers-before-the-strike/
  34. ^ "Archived copy". Archived from the original on 18 March 2017. Retrieved 28 January 2015.CS1 maint: archived copy as title (link)
  35. ^ http://www.greeklaws.com/pubs/content.php?type=vivliografia&id=244
  36. ^ http://www.ekathimerini.com/69520/article/ekathimerini/news/still-no-gas-as-truck-drivers-put-foot-down
  37. ^ http://www.ekathimerini.com/147984/article/ekathimerini/news/metro-strike-ends-as-workers-forced-to-return-to-jobs
  38. ^ "Greek government proceeds with conscription of maritime workers". protothema.gr. Archived from the original on 4 March 2016. Retrieved 31 July 2015.
  39. ^ https://www.keeptalkinggreece.com/2013/05/11/greek-govt-to-issue-86000-civil-mobilization-orders-for-teachers-before-the-strike/
  40. ^ https://www.ft.com/content/dd0538c8-0469-11e4-ab6a-00144feab7de#axzz3hN2aIhku
  41. ^ https://web.archive.org/web/20090703100910/http://www.berr.gov.uk/energy/sources/coal/bevin/page41441.html