Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eritrea (Ratification: 2000)

Civil liberties. In its previous comments, the Committee repeatedly requested the Government to provide information on how it ensures the right of trade unions to hold public meetings and demonstrations. The Committee notes that the Government affirms in its report that the right of trade unions to hold public meetings and demonstrations is secured both in law and in practice, however, it once again provides no specific information on any measures taken to ensure protection of this right. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee once again requests the Government to provide specific information regarding how the right is secured both in law and in practice.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. In its previous comment, the Committee had urged the Government to change its law and practice, to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.

The Committee recalls that the population has been mobilized since the 1998-2000 border war with Ethiopia. It notes that recent reports of several United Nations human rights bodies and procedures, including the Committee on Elimination of Discrimination against Women (CEDAW/C/ERI/CO/6, para. 10), and the Special Rapporteur on the situation of human rights in Eritrea (A/HRC/44/23, para. 32), indicate that national service continues to be of an indefinite period.

The Committee notes the Government’s indication that conscripts may be called to perform non-military activities only in genuine cases of emergency or force majeure and makes a particular reference to the threat of famine. In this regard, while the Committee takes due note of the serious food security challenges faced by the country, it also recalls that under the Convention, workers in agriculture, natural resource and eco-system management and other development activities aiming at ensuring food security have the right to establish and join organizations of their own choosing. It observes in this respect that in Eritrea, National Service Proclamation 82/1995 allows the assignment to development work of servicemen and women, who, as members of the armed forces, are excluded from all labour rights including the right to freedom of association, both during active national service and reserve military service. The Committee considers that depriving workers of their right to freedom of association through assigning men and women to work in development projects in the framework of compulsory national service, which remains of indefinite duration, is contrary to the obligations of Eritrea under the Convention, as such work – even if aimed to ensure food security – may not be excluded from the Convention’s scope of application.

The Committee notes that the Government refers to its policy of self-reliance in protecting people from hunger or force majeure, which would entail that as a developing country, it must be given sufficient time to give effect to the Convention. In this regard, the Committee recalls that ensuring respect for fundamental principles and rights at work, such as the freedom of association rights and guarantees set out in the Convention, results in undeniable benefits to the development of human potential and economic growth in general and therefore contributes to economic recovery, social justice and sustainable peace (see the 2012 General Survey on the fundamental Conventions, paragraph 4).

In view of the above considerations, the Committee once again urges the Government to take all the necessary measures so as to ensure that Eritrean nationals are not denied the right to organize beyond the period of military service, during which they would perform work only of a purely military character.

Civil servants. Since its initial comments, the Committee has consistently requested and urged the Government to expedite the process of drafting the Civil Service Code to ensure that the right of civil servants to organize is guaranteed, given that these workers are excluded from the scope of the Labour Proclamation. The Committee notes the Government’s indication that certain groups such as teachers, medical doctors, nurses, electrical contractors and engineers, composed mostly of civil servants, have established and registered professional associations under articles 404 and 406 of the transitional civil code of Eritrea. The Government also once again indicates that the Civil Servants’ Code of Eritrea is still at the final stage of drafting, the same indication it has given for a number of years. The Committee understands that civil law associations do not have the same rights as labour law associations in terms of representation of the occupational interests of their members in relation to the employer and the authorities. They also are not covered by labour law guarantees such as prohibition of anti-union discrimination and non-interference. Finally, the Committee notes that in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that demobilized members of national service are gradually integrated into civil service, which implies that the number of civil servants will grow, while these workers will not enjoy the full rights and guarantees set out in the Convention. Regretting the lack of progress in this respect, the Committee once again urges the Government to take all the necessary measures to ensure without further delay that all civil servants are fully guaranteed their freedom of association rights under the Convention.

Domestic workers. The Committee notes that section 40 of Labour Proclamation provides that the Minister may determine by regulation the provisions of the Proclamation that shall apply to all or to a category of domestic employees and the manner of their application. The Committee considers that this provision casts doubt on the application of all labour law guarantees enshrined in the Proclamation to domestic workers, including the provisions concerning freedom of association. It further notes that the Civil Code published in 2015 contains provisions governing the contract of domestic employment, without however covering freedom of association rights. The Committee recalls that in the framework of its examination of application of Convention No. 98, it has consistently requested the Government to ensure that the rights of domestic workers are explicitly guaranteed. According to the information submitted by the Government, no specific rules other than the civil code provisions govern domestic work. Therefore, the Committee requests the Government to take any necessary measures, including through the abrogation of section 40 of the Labour Proclamation or the rapid adoption of a regulation, to ensure that domestic workers enjoy all rights under the Convention.

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