Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Eritrea (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or the economic well-being of the country, for the prevention of public disorder, etc. It also noted that, under certain provisions of the Press Proclamation (No. 90/1996), violations of restrictions on printing and publishing (that is, printing or reprinting of an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace – section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involve an obligation to work pursuant to section 110 of the Transitional Penal Code of 1991.

In this regard, the Committee notes the Government’s repeated statement that no restrictions have been imposed on fundamental rights and freedoms thus far. It also notes the information provided by the Government with regard to legislative provisions which guarantee, for example, freedom of assembly and religion, as well as the right to a fair trial.

The Committee notes, however, that in her report of May 2014, the UN Special Rapporteur on the situation of human rights in Eritrea states that human rights violations such as infringements to freedom of expression and opinion, assembly, association and religious belief continue unabated. The Special Rapporteur highlights, for example, that over 50 people were arbitrarily arrested and detained in the aftermath of the attempted coup d’état in January 2013, and that these individuals remain incommunicado. She also points out that, to date, no information has been provided by the Government with regard to the situation of the 11 high-profile politicians and ten independent journalists who were arrested for publicly opposing the policy of the President in 2001 (A/HRC/26/45, paragraphs 20–22).

With reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. Therefore, the range of activities which must be protected from punishment involving forced or compulsory labour under this provision comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In light of the above considerations, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee also expresses the firm hope that measures will be taken, in the context of the current legislative review process, to bring the above provisions of the Press Proclamation (No. 90/1996) into conformity with the Convention. Please provide information on the progress made in this regard.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its comments concerning compulsory national service addressed to the Government under the Forced Labour Convention, 1930 (No. 29) in which it pointed out that the systematic and widespread conscription of the population in order to perform compulsory labour for an indefinite period of time within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore urges the Government to take the necessary measures in order to eliminate, both in law and in practice, any possibility of using compulsory labour in the context of national service as a means of mobilizing labour for purposes of economic development.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]