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

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

Article 1(d) of the Convention. Sanctions involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to the Labour Proclamation of Eritrea (No. 118/2001), participation in unlawful strikes shall be considered as an unfair labour practice (section 119(8)) and shall be punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee also noted that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work).

The Committee notes the information provided by the Government with regard to the requirements for declaring or conducting a lawful strike, as well as its indication that section 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes. The Committee also notes the Government’s repeated statement that no strikes have taken place in the country and, therefore, the above provisions have not been applied in practice thus far. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee expresses the firm hope that the necessary measures will be taken, in the context of the adoption of the new Penal Code, in order to ensure that persons organizing or peacefully participating in a strike are not liable to imprisonment involving an obligation to work. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

Communication of texts. The Committee notes the Government’s indication that it is currently at the final stage of drafting the new Civil, Penal, Commercial, Maritime, Civil Procedure and Criminal Procedure Codes. The Committee reiterates its hope that the Government will not fail to provide copies of the new Codes once they are adopted. The Committee once again requests the Government to supply a copy of the law governing political parties, as well as any provisions governing labour discipline in merchant shipping.

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