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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Eritrea (Ratification: 2000)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 4 August 2011 on the application of the Convention as well as the Government’s reply.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee had taken note that section 28(3) of the Labour Proclamation provides for the reinstatement of trade union leaders in cases of unjustified dismissal, but did not contemplate neither the protection against other prejudicial acts nor the protection of anti-union discrimination acts against workers affiliated to a trade union. It has requested the Government to broaden the protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds and requested the Government to provide information on the measures taken or envisaged in this regard. The Committee had noted that the Government indicated that it had envisaged broadening the protection to protect workers against anti-union discrimination. Therefore, the Committee reiterates its previous conclusion and hopes that the Labour Proclamation will be amended accordingly in the near future.

Sanctions applicable in cases of anti-union discrimination or acts of interference. In its previous comments, the Committee had recalled that a fine of 1,200 Eritrean nakfa (ERN), set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated. The Committee had requested the Government to indicate the sanctions applicable and to provide copies of penal sentences regarding cases of anti-union discrimination and interference. The Government indicated that the labour courts had not come across sentences regarding cases of anti-union discrimination and interference. The Government also pointed out that section 691 sanctions “petty offenses” when, by an act or omission, a person infringes the mandatory or prohibitive provisions of a regulation, order or decree lawfully issued by a competent authority. The Committee had noted, however, that this penal provision does not cover specifically the cases of anti-union discrimination acts and interference. Therefore, the Committee requests the Government to take the measures to amend section 156 of the Labour Proclamation in order to provide higher and more dissuasive sanctions to sanction those guilty of anti-union discrimination or acts of interference and requests the Government to indicate the measures taken or envisaged in this respect. The Committee also requests the Government to communicate copies of any penal sentences regarding anti-union discrimination or acts of interference as soon as rendered in the future.

Articles 1, 2, 4 and 6. Domestic workers. Previously, the Committee had expressed the strong hope that the Ministry of Labour and Human Welfare would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee had noted the Government’s statement that domestic employees like all other categories of workers, are entitled to the right to organize and collective bargaining since the promulgation of the Labour Proclamation and that one association of domestic workers has been established. The Committee further noted that according to the Government, the Ministry of Labour and Human Welfare, under its power provided in section 40 of the Labour Proclamation, would not refrain from including the rights mentioned in the Convention in the upcoming regulation applicable to domestic employees. In this regard, the Committee once again expresses the firm hope that this regulation will be issued in the near future and will explicitly recognize to domestic workers the rights enshrined in the Convention.

Article 6. Right to collective bargaining in the public sector. The Committee had previously requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee had noted that according to the Government, the Civil Service Administration had been working on the draft Civil Service Proclamation through a process of participation and interaction and that relevant and salient comments of the participants were being integrated in the final draft. The Committee had noted that the Government once again reiterated that the drafting of the legal text concerning public servants, which would guarantee the right to organize to civil servants, reached its final stage and would be communicated to the ILO once adopted. In this regard, the Committee once again expresses the hope that the Government will take the necessary measures, in consultation with the social partners, to improve its legislation on public servants in respect of the rights enshrined in the Convention including the right to collective bargaining for public servants not engaged in the administration of the State and requests it to transmit copies of the relevant legislative acts upon their adoption.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.