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Civil conscription

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Conscription
1780 caricature of a press gang
1780 caricature of apress gang
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Civilconscriptionis the obligation of civilians to perform mandatory labour for thegovernment.This kind of work has to correspond with the exceptions in international agreements, otherwise it could fall under the category ofunfree labour.There are two basic kinds of civil conscriptions. On the one hand, a compulsory service can be ordered on a temporary basis duringwartimesand 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. Therefore, it generally makesstrikingillegal for the duration of thecivil 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 situation[edit]

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

Civil conscription is an exception of theForced Labour Conventionof 1930 of theInternational Labour Organization (ILO)and thereforeunfree labourshall not include:[2]

  • any work or service exacted in virtue ofcompulsory military servicelaws for work of a purely military character;
  • any work or service which forms part of the normal civic obligations of the citizens of a fullyself-governingcountry;
  • any work or service exacted from any person as a consequence of a conviction in acourt,provided that the said work or service is carried out under the supervision and control of apublic authorityand that the said person is not hired to orplaced at the disposal of private individuals, companies or associations(requiring thatprison farmsno longer doconvict leasing);
  • any work or service exacted in cases of emergency, that is to say, in the event ofwar,of acalamityor threatened calamity, such asfire,flood,famine,earthquake,pandemicorepizooticdiseases, invasion by:animal,insectorvegetable pests,and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
  • minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.

Types of civil conscription[edit]

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

Civil conscription due to extraordinary events[edit]

In times of extraordinary events, such as in times ofwar,ineconomic crisis,in the event ofnatural disastersor during the occurrence ofepidemicsor pandemics, a civil duty may be established to perform the tasks deemed necessary by thegovernmentfor 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 community[edit]

A government can order a civil service duty to be performed repetitive for a longer period of time, for example to ensure thefire protectionof 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 conscription[edit]

Austria[edit]

InAustriain addition to the current mandatorymilitary servicefor male citizens in theAustrian Armed Forcesand the legally connectedalternative civilian services,citizens can be conscripted to perform following services:

  • Compulsory fire service:ByStatelegislation inCarinthia,Salzburg,TyrolandVorarlberg,male citizens can be conscripted by amunicipalityto serve in afire brigade.In the 19th century and at the beginning of the 20th century, the majority of fire brigades were compulsory for male citizens in Austria, but for decades no compulsory fire brigades have been ordered by a municipality.[3][4]
  • Hand and hitch-up services:In Vorarlberg by state legislation, (mainly male) citizens can be obliged by municipalities to provide hand and hitch-up services. If a citizen does not fulfill this mandatory service, an additional tax must be paid.[5][6]

France[edit]

Code général des collectivités territoriales

According to article L2215-1 of theCode général des collectivités territoriales(General Law of Local Authorities), theprefectof adepartmentmay take measures for themunicipalitiesof the respective department to maintain public order, as well as for the prevention of danger in general and for health protection in general.[7]Among other regulations, this law allows to conscript system-preserving professional groups to provide essential services. In 2022, oil refinery workers were required to take up work during a strike to ensure the supply of fuel.[8][9]

Logo of the FrenchService national universel
État d'urgence sanitaire

During asanitary state of emergency(French:état d'urgence sanitaire) it is possible to draft personnel of necessary professional groups to combat a health disaster, like during theCOVID-19 pandemic in France.[10]

Journée Défense et Citoyenneté

In 1998, theJournée Défense et Citoyenneté (JDC),the "Defence and Citizenship Day", was established by theFrenchPresident,Jacques Chirac,after suspending theconscriptionfor themilitary service.It is a one-day program that deals with citizenship,Duty of Remembrance,awareness on defence, army, nation, European issues etc.[11]

Service national universel

In 2019, PresidentEmmanuel Macronintroduced a compulsory service, theService national universel (SNU),the "General National Service", which will be mandatory for all citizens aged 16–25 within the next century. 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.[12][13][14]

Germany[edit]

Federal level

InGermanyduring a "State of Defence"male citizens could be drafted for themilitary servicein theBundeswehror for amandatory servicein theborder guard,although conscription is suspended for peacetime. Beside this during the state of defense theconstitutionallows civil conscription as well, female citizens between the ages of 18 and 55 could be called to perform medical duties, male citizens could be drafted for a service in acivil protectionforce. If required, the freedom to practice one's profession may be limited.[15]During the state of defense theFederal Employment Agency (BA)receives special powers to order (unemployed) persons to jobs, that cannot be ensured on a voluntary basis. The conscripted persons can be used in following assignments:

State level

Depending on the respectivestate'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 allowcommunitiesto draft citizens:

  • theCompulsory Fire Service(German:Pflichfeuerwehr), which in fact is in force in a handful of communities,
  • theDyke Relief Service(German:Deichhilfe), the draft of citizens by communities in the case of floodings and crevasse, and
  • theHand and hitch-up services(German:Hand- und Spanndienste), which is still enforced in small communities to maintain their infrastructure[16]
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.[17][18][19]Those proposals are the establishment of aSoziales Pflichtjahr(German for "obligatory year of social service" ) orBürgerarbeit(German for "citizens´ work" ), aworkfare-style draft for unemployed persons. In 2020, during theCOVID-19 pandemic in Germanythe state governments ofLower SaxonyandNorth Rhine-Westphaliaplanned to establish a compulsory service for doctors and medical staff in the event of anepidemicand the legislative proposals were already in preparation. However, after protests by medical associations and other interest groups, the plans were ceased.[20][21][22][23]

Logo of the Ghanaian National Service Secretariat

Ghana[edit]

InGhana,students who graduate from accrediteduniversityare required by law to do a one-year national service to the country. TheNational Service Secretariat (NSS)is theGovernment of Ghanaagency mandated to formulate policies and structures for national service. The mandatory civilian service can be fulfilled in youth programs, agriculture, health and local government institutions.[24]There is currently no military conscription in Ghana.[citation needed]

Israel[edit]

In 1967, in connection with theSix-Day War,theIsraeliKnessetpassed the "Emergency Labor Service Act" to ensure the supply of essential goods and military equipment. In 1997 and 2020 in the wake of theCOVID-19 pandemic,the law was repeatedly adapted.[25]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.[26]Employees must appear on time and can be transferred to other offices anytime.

Nigeria[edit]

InNigeria,there is no military conscription, but since 1973 graduates of Nigerianuniversitiesand polytechnics are required to serve in the mandatoryNational Youth Service Corps (NYSC).TheNigeriangovernment 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]

Rwanda[edit]

Umugandais a national holiday inRwandataking place on the last Saturday of every month for mandatory nationwide community work from 08:00 to 11:00. Participation in umuganda is required by law, and failure to participate can result in afine.The program was most recently re-established in 2009, and has resulted in notable improvement in the cleanliness of Rwanda.[27][28][29]

Spain[edit]

During anestado de alarma,the "state of alarm", theSpanishgovernment can impose civil conscription. This duty may extend to all or part of the national territory and to selective professional groups in the event of one of the following serious disturbances of normality:

Poster of the Swiss Civil Defense Museum
  • in case of serious risk, disaster or public accidents, such as earthquakes, floods, city and forest fires or serious accidents
  • during health crises, such as epidemics, heavy pollution and environment disasters
  • in case of shortage of basic necessities
  • in case of interruptions of essential public services to the community

Switzerland[edit]

In general, the political system inSwitzerlandis characterized by the so-calledmilitia-system,where civilian service tasks basically are carried out on a part-time basis. Currently, not only thecompulsory military servicein theSwiss Armed Forcesis backed on the militia-system, many political and civilian service duties are maintained by the militia secondary activity. For example, members ofcantonalor federalparliamentsorgovernmentsin general engage on part-time basis.

Unlike to the organization offire brigadesin most countries as professional orvoluntary fire departments,in Switzerland there are basicallymilitia fire brigades,compulsory fire brigades with drafted members.

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

United Kingdom[edit]

TheBritish overseas territoryofPitcairn Islands,which has a population of about 50 and noincomeorsales tax,has a system of "public work" whereby all able-bodied people are required to perform, when called upon, jobs such as road maintenance and repairs to public buildings.[31]

Former civil conscriptions[edit]

Belgium[edit]

To prevent a doctors strike the Belgium government, in April 1964, issued a civil mobilization order for hospital doctors andmilitary doctors.[32]

A plaque that says that the building was constructed in course ofAkce Z

Czechoslovakia[edit]

During thecommunistrule inCzechoslovakiathe government announced a non-remunerated activity programme calledAction 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]

Coat of arms of the Zivilverteidigung.

East Germany[edit]

InEast Germany,the officially volunteerSubbotnikservice wasde factoobligatory the population. With this service, the local communities helped in the maintenance of local infrastructure.[33]

By legislation, if necessary it was possible to draft civilians to theCivil Defense Forcein East Germany.

Greece[edit]

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.

The years 1979 - 1990

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.

The debt crisis 2010 - 2014

Due to theGreek debt crisisfrom 2010 to 2014, 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.[34][35][36]

Civil conscription during the debt crisis in Greece:
Year Workers
2010 Truck drivers[37]
2011 Municipal cleaning staff
2013 Workers in Athens metro, tram and electric railway[38]
2013 Maritime workers[39]
2013 High school teachers[40]
2014 Electricity power workers[41]
Abolition of civil conscription in 2015

Due to the fact, that civil conscription was very unpopular, the government under the ruling partySyrizaabolished civil conscription in 2015.

COVID-19 pandemic

Although civil conscription was abolished, the parliament again created a legal basis during theCOVID-19 pandemic in Greecein 2020. Based on the new law, freelance doctors were required to serve in state hospitals in March 2021.[42][43]

Reich Labour Service of Nazi-Germany in 1940

Nazi Germany[edit]

Apart from the use offorced labour under German rule during World War IIfor millions of people, theNazi Germangovernment ordered compulsory work of the civilian population as well, as a part ofNazilabor market policy and to spread Nazipropaganda.[44][45]As early as 1934 all students leaving school after 8 years were obliged to join theLandjahr(countryside year) for labour in agriculture. In addition to that it was compulsory for women until the age of 25 to serve thePflichtjahr(compulsory year), which was basically in the field of housekeeping. Starting in 1935 theReich Labour Servicewas mandatory for all male citizens.

Seychelles[edit]

TheNational Youth Service (NYS)was ayouth serviceprogram implemented in 1981 by the government ofSeychellesthat 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 andparamilitarytraining. The Seychellois opposition opposed the program on the grounds, that it allegedly indoctrinated young adults with the rulingSeychelles People's Progressive Front'ssocialistideology and that it rarely allowed its participants to visit their families. This mandatory service was ceased in November 1998.[citation needed]

Slovakia[edit]

Due to the severe course of theCOVID-19 pandemic in Slovakia,the state of emergency was declared in September 2020 by the government under the leadership ofSlovakPrime MinisterIgor 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.[46][47][48][49]

Bevin Boys receiving training from an experienced miner at Ollerton, Nottinghamshire, February 1945

Spain[edit]

In Spain, during anestado de alarma,the "state of alarm", theSpanishgovernment can impose civil conscription. This state of emergency has been declared to conscript different professional groups since the end ofFrancoist Spaina few times:

United Kingdom[edit]

Due to a labour shortage between December 1943 and March 1948, because ofWorld War IIand the aftermath, theBritishgovernment started to draft civil conscripts, the so-calledBevin Boys,for the work incoal mines.[55]

See also[edit]

References[edit]

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  2. ^"Convention C029 - Forced Labour Convention, 1930 (No. 29)".www.ilo.org.
  3. ^"Pflichtfeuerwehren als letzter Ausweg bei Mitgliederschwund? - der Österreichische Gemeindebund".23 October 2014.
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  5. ^"Hand- und Zugdienste".
  6. ^"VERORDNUNG über die Ausschreibung von Hand- und Zugdiensten"(PDF).
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  14. ^"France's raw recruits sign up for return of national service".BBC News.2019-06-25.Retrieved2021-05-07.
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  16. ^"Hand- und Spanndienste - Rechtslexikon".www.rechtslexikon.net.Retrieved2021-05-07.
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  24. ^"About Us | Ghana National Service Scheme".Archived fromthe originalon 2021-01-28.Retrieved2020-12-22.
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  28. ^"The most inviting city in Africa?".
  29. ^Yee, Amy (18 July 2018)."How Rwanda Tidied up Its Streets (And the Rest of the Country, Too)".NPR.
  30. ^"Dienstpflichtige".Archived fromthe originalon 2017-09-20.Retrieved2019-10-07.
  31. ^"Pitcairn Today".Archived fromthe originalon 2014-09-21.Retrieved2014-12-03.
  32. ^"Belgian Doctors Answer Call-Up".The New York Times.13 April 1964.
  33. ^McGrain, Sally."Their Roots Give Former East Germans an Edge".The New York Times.Retrieved5 March2021.
  34. ^"Greek gov't to issue 86,000 'civil mobilization' orders for teachers…before the strike".11 May 2013.
  35. ^"Civil mobilization» | StopCartel NEWS NETWORK".Archived fromthe originalon 18 March 2017.Retrieved28 January2015.
  36. ^"Constitution - Εργασίες on Line - Created by greeklaws".
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  41. ^Hope, Kerin (5 July 2014)."Greece orders power workers to end strike".Financial Times.
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